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object, and the manner in which it is to be accomplished, ought to be plainly set forth in the constitution. Now, when a majority attempt to do any thing not comprehended within this object thus set forth, or in a manner at variance with that prescribed, they violate the fundamental article of the compact, and the society is virtually dissolved. And against such infraction of right it is the duty of the individual to protest; and if it be persisted in, it is his duty to withdraw. And it seems to me that, otherwise, the whole benefit of voluntary associations will be lost; and if the whole society do it, the society is changed, and it is changed in no manner the less because its original name is retained. If the objects of such associations be not restricted, their increasing complication will render them unmanageable by any form of agency. If an individual, when he unites with others for one object, knows not for how many objects, nor for what modes of accomplishing them, he shall be held responsible, who will ever unite in a benevolent enterprise? And, if masses of men may be thus associated in every part of a country for one professed object, and this object may be modified, changed, or exceeded, according to the will of an accidental majority, voluntary associations will very soon be transformed into the tools of intriguing and ambitious men, and will thus become a curse instead of a blessing.

SECTION II.

OF CIVIL SOCIETY.

In order to consider this subject correctly, it will be necessary to consider society as distinct from government. It may exist without a government. At some time it must have so existed. And in all cases, government is merely the instrument by which it accomplishes its purposes. Government is the agent. Society is the principal.

The first consideration which meets us, in the discussion

of this subject, is, that CIVIL SOCIETY IS AN INSTITUTION OF GOD; or, in other words, it is the will of God that man should live in a state of society. This may be shown both from the original impulses common to all men, and from the necessities of man, arising out of the conditions of his present existence.

I. From the original impulses of man.

1. One of the strongest and most universal impulses of our nature, is a general love for society. It commences, as every one must have observed, with early infancy, and continues, unabated, to the close of life. The poets can conceive of no situation more afflictive, or more intolerable, than that of a human being in a state of perfect loneliness. Hence, solitary confinement is considered, by all mankind, as one of the severest forms of punishment. And, hence, a disposition to separate one's self from society is one of the surest indications of mental derangement. Now, the natural result of this intense and universal impulse is à disposition to control such other desires as shall be inconsistent with it. Wherever these dispositions exist, a number of human beings will as readily and naturally form a society as they will do any other thing on which their happiness depends. A constitution of this sort manifestly shows what is the will of our Creator concerning us.

2. The various forms of human attachment illustrate the same truth.

Thus, the attachment between the sexes at once forms a society, which is the origin of every other. Of this union, the fundamental principle is a limited surrender of the happiness of each to that of the other, and the consequent attainment of an increased return of happiness. From this arises the love of parents to children, and that of children to parents, and all the various modifications of affection resulting from collateral and more distant relationships.

Besides these, there must continually arise the feeling of friendship between individuals of similar habits and of correspondent pursuits; the love of benevolence towards those who need our succor, or who awaken our sympathy; and the love of approbation, which will stimulate us to deny ourselves for the sake of acquiring the good opinion of those

by whom we are surrounded. Now, the tendency of all these instincts is manifestly twofold: first, as in the former instance, as these propensities can be gratified only by society, we shall be disposed to surrender whatever will be inconsistent with the enjoyment of society; and, secondly, since it is, as we have seen before, in the very nature of affection, to surrender our own personal gratification for the happiness of those whom we love, affection renders such a surrender one of the very sources of our individual happiness. Thus, patriotism, which is only one form of the love of society, not only supposes a man to be willing to surrender something personal for the sake of something general, which he likes better, but also to derive happiness from that very surrender, and to be actually happier when acting from these principles than from any other. It is almost needless to add, that the Creator's intention, in forming beings with such impulsions, is too evident to be mistaken. II. The same truth is taught from the necessities imposed upon us by the conditions of our being.

1. Suppose the human race, entirely destitute of these social principles, to have been scattered abroad over the face of the earth as mere isolated individuals. It is evident that, under such circumstances, the race must quickly have perished. Man, thus isolated, could never contend, either with the cold of the northern, or with the wild beasts of the temperate and warmer, regions. He has neither muscular power, nor agility, nor instinct, to protect him from the one, nor any natural form of clothing to shield him from the other.

2. But suppose that, by any means, the race of man could be continued. Without society, the progressive melioration of his condition would be impossible.

Without society, there could be no division of labor. Every one must do every thing for himself, and at the greatest possible disadvantage. Without society, there could be neither any knowledge of the agents of nature, nor any application of them to the production of value. A man's instruments would be almost exclusively limited to his teeth and nails. Without society, there could be no acknowledged right of property. Hence, from these causes, there could be no accumulated capital; and each

successive generation of men must, like the brutes, remain precisely in the condition of their predecessors. It is equally evident, that, under these circumstances, there could exist no possibility of either intellectual or moral improvement. In fact, take the most civilized, intellectual, and moral condition in which man has ever existed, and compare it with the condition of man naked, wandering, destitute, exposed to the peltings of every tempest, and liable to become the prey of every ferocious beast, and the difference between these two conditions is wholly the result of society. If it be granted that God is benevolent, and wills the happiness of man, nay, if it be even granted that God wills the existence of man, it must be conceded that He also wills that condition on which, not merely his happiness, but even his very existence, depends.

Now, if this be the fact, that is, if civil society be an institution of God, several important conclusions will be seen to follow from it:

1. A very important distinction may be observed between civil society and a simple or voluntary society, such as is described in the last section. In a simple society, the contract is voluntary, and is, like any other society, dissolved at the pleasure of the parties; or it ceases to be binding upon either party, if its conditions be violated by the other party. But, civil society being an institution of God, specific duties are imposed upon both parties, which remain unchanged even after the other party may, in various respects, have violated his part of the contract. In civil society, we are under obligation to God as well as to man, and the former obligation remains even after the other has been annulled. In this respect, it follows the analogy of the other relations established by God, as that of husband and wife, parent and child, in which the one party is bound to act in obedience to the will of God, and according to the obligations of the relation, whether the other party does so

or not.

2. Civil society being an ordinance of God, it cannot be justly established, upon any principles whatsoever, simply according to the will of the parties, but it must be established upon the principles which God has established. If it be

established upon any other principles, the evidence of his displeasure will be seen in the mutual evil which both parties suffer, in consequence of violating a law of their being. Such is the case with marriage. This is a form of society established by God. Men have no right to enter into it as they please, but only according to the laws which God has established; and, if they act otherwise, mutual misery will be the result.

3. If society be an ordinance of God, it follows that every man who conforms to the social laws of God has a right to it. For if, in the formation of civil society, men are under obligation to act in obedience to the will of God, they have no right to construct it upon such principles as will exclude any man who is willing to obey the social laws of his Maker. No man can, therefore, justly be excluded from society, unless he have committed some overt act by which he has forfeited this right. His original right is to be taken for granted; the proof of forfeiture rests with those who would exclude him. Hence, it is not enough, to say, if a man does not like this society, he may go to another. So long as he violates none of his Maker's social laws, he has a right to this society, and he cannot be excluded from it without injustice. Any course of legislation, therefore, which obliges men to leave a society, unless their forfeiture of social right be proved, is oppressive and unjust.

4. As society is an ordinance of God, it is evidently the will of God that its existence be preserved. Hence, society has a right to take all the means which may be necessary to prevent those crimes, which, if permitted, must destroy society itself. Hence is derived its power to punish criminals, to enforce contracts, and to establish such forms of government as may best conduce to the well-being of the social institution.

I suppose it to have been from a misconception of these principles, that our forefathers erred. They conceived that, in forming a civil society here in the wilderness, they had a right to frame its provisions in such manner as they chose. Hence, they made the form of religious belief a subject of civil legislation, and assumed the right of ban

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