Joseph Priestley

An Essay on the First Principles of Government

Published by Good Press, 2021
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EAN 4064066443269

Table of Contents


I.—Of the first principles of government, and the different kinds of liberty,
II. Of political liberty,
III. Of civil liberty,
IV. In what manner an authoritative code of education would affect political and civil liberty,
V. Of religious liberty and toleration in general,
VI. Some distinctions that have been made on the subject of religious liberty and toleration considered,
VII. Farther observations concerning the extent of ecclesiastical authority, and the power of civil governors in matters of religion,
VIII. Of the necessity or utility of ecclesiastical establishments,
IX. A review of some particular positions of Dr. Balguy's, on the subject of church authority,
X. Of the progress of civil societies, to a state of greater perfection, shewing that it is retarded by encroachments on civil and religious liberty,

I.—Of the first principles of government, and the different kinds of liberty,

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SECTION I.

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Of the First Principles of Government, and the different kinds of Liberty.
 

MAN derives two capital advantages from the superiority of his intellectual powers. The first is, that, as an individual, he possesses a certain comprehension of mind, whereby he contemplates and enjoys the past and the future, as well as the present. This comprehension is enlarged with the experience of every day; and by this means the happiness of man, as he advances in intellect, is continually less dependent on temporary circumstances and sensations.

The next advantage resulting from the same principle, and which is, in many respects, both the cause and effect of the former, is, that the human species itself is capable of a similar and unbounded improvement; whereby mankind in a later age are greatly superior to mankind in a former age, the individuals being taken at the same time of life. Of this progress of the species, brute animals are more incapable than they are of that relating to individuals. No horse of this age seems to have any advantage over other horses of former ages; and if there be any improvement in the species, it is owing to our manner of breeding and training them. But a man at this time, who has been tolerably well educated, in an improved christian country, is a being possessed of much greater power, to be, and to make happy, than a person of the same age, in the same, or any other country, some centuries ago. And, for this reason, I make no doubt, that a person some centuries hence will, at the same age, be as much superior to us.

The great instrument in the hand of divine providence, of this progress of the species towards perfection, is society, and consequently government. In a state of nature the powers of any individual are dissipated by an attention to a multiplicity of objects. The employments of all are similar. From generation to generation every man does the same that every other does, or has done, and no person begins where another ends; at least, general improvements are exceedingly slow, and uncertain. This we see exemplified in all barbarous nations, and especially in countries thinly inhabited, where the connections of the people are slight, and consequently society and government very imperfect; and it may be seen more particularly in North America, and Greenland. Whereas a state of more perfect society admits of a proper distribution and division of the objects of human attention. In such a state, men are connected with and subservient to one another; so that, while one man confines himself to one single object, another may give the same undivided attention to another object.

Thus the powers of all have their full effect; and hence arise improvements in all the conveniences of life, and in every branch of knowledge. In this state of things, it requires but a few years to comprehend the whole preceding progress of any one art or science; and the rest of a man's life, in which his faculties are the most perfect, may be given to the extension of it. If, by this means, one art or science should grow too large for an easy comprehension, in a moderate space of time, a commodious subdivision will be made. Thus all knowledge will be subdivided and extended; and knowledge, as Lord Bacon observes, being power, the human powers will, in fact, be enlarged; nature, including both its materials, and its laws, will be more at our command; men will make their situation in this world abundantly more easy and comfortable; they will probably prolong their existence in it, and will grow daily more happy, each in himself, and more able (and, I believe, more disposed) to communicate happiness to others. Thus, whatever was the beginning of this world, the end will be glorious and paradisaical, beyond what our imaginations can now conceive. Extravagant as some may suppose these views to be, I think I could show them to be fairly suggested by the true theory of human nature, and to arise from the natural course of human affairs. But, for the present, I wave this subject, the contemplation of which always makes me happy.

Government being the great instrument of this progress of the human species towards this glorious state, that form of government will have a just claim to our approbation which favours this progress, and that must be condemned in which it is retarded. Let us then, my fellow citizens, consider the business of government with these enlarged views, and trace some of the fundamental principles of it, by an attention to what is most conducive to the happiness of mankind at present, and most favourable to the increase of this happiness in futurity; and, perhaps, we may understand this intricate subject, with some of its most important circumstances, better than we have done; at least we may see some of them in a clearer and stronger point of light.

To begin with first principles, we must, for the sake of gaining clear ideas on the subject, do what almost all political writers have done before us; that is, we must suppose a number of people existing, who experience the inconvenience of living independent and unconnected; who are exposed, without redress, to insults and wrongs of every kind, and are too weak to procure themselves many of the advantages, which they are sensible might easily be compassed by united strength. These people, if they would engage the protection of the whole body, and join their force in enterprizes and undertakings calculated for their common good, must voluntarily resign some part of their natural liberty, and submit their conduct to the direction of the community: for without these concessions, such an alliance, attended with such advantages, could not be formed.

Were these people few in number, and living within a small distance of one another, it might be easy for them to assemble upon every occasion, in which the whole body was concerned; and every thing might be determined by the votes of the majority, provided they had previously agreed that the votes of a majority should be decisive. But were the society numerous, their habitations remote, and the occasions on which the whole body must interpose frequent, it would be absolutely impossible that all the members of the state should assemble, or give their attention to public business. In this case, though, with Rousseau, it be a giving up of their liberty, there must be deputies, or public officers, appointed to act in the name of the whole body; and, in a state of very great extent, where all the people could never be assembled, the whole power of the community must necessarily, and almost irreversibly, be lodged in the hands of these deputies. In England, the king, the hereditary lords, and the electors of the house of commons, are these standing deputies; and the members of the house of commons are, again, the temporary deputies of this last order of the state.

In all states, great or small, the sentiments of that body of men in whose hands the supreme power of the society is lodged, must be understood to be the sentiments of the whole body, if there be no other method in which the sentiments of the whole body can be expressed. These deputies, or representatives of the people, will make a wrong judgment, and pursue wrong measures, if they consult not the good of the whole society, whose representatives they are; just as the people themselves would make a wrong judgment, and pursue wrong measures, if they did not consult their own good, provided they could be assembled for that purpose. No maxims or rules of policy can be binding upon them, but such as they themselves shall judge to be conducive to the public good. Their own reason and conscience are their only guide, and the people, in whose name they act, their only judge.

In these circumstances, if I be asked what I mean by liberty, I should chuse, for the sake of greater clearness, to divide it into two kinds, political and civil; and the importance of having clear ideas on this subject will be my apology for the innovation. Political liberty, I would say, consists in the power, which the members of the state reserve to themselves, of arriving at the public offices, or, at least, of having votes in the nomination of those who fill them: and I would chuse to call civil liberty that power over their own actions, which the members of the state reserve to themselves, and which their officers must not infringe.

Political liberty, therefore, is equivalent to the right of magistracy, being the claim that any member of the state hath, to have his private opinion or judgment become that of the public, and thereby control the actions of others; whereas civil liberty, extends no farther than to a man's own conduct, and signifies the right he has to be exempt from the control of the society, or its agents; that is, the power he has of providing for his own advantage and happiness. It is a man's civil liberty, which is originally in its full force, and part of which he sacrifices when he enters into a state of society; and political liberty is that which he may, or may not acquire in the compensation he receives for it. For he may either stipulate to have a voice in the public determinations, or, as far as the public determination doth take place, he may submit to be governed wholly by others. Of these two kinds of liberty, which it is of the greatest importance to distinguish, I shall treat in the order in which I have mentioned them.

II. Of political liberty,

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SECTION II.

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OF

 

POLITICAL LIBERTY.

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IN countries where every member of the society enjoys an equal power of arriving at the supreme offices, and consequently of directing the strength and the sentiments of the whole community, there is a state of the most perfect political liberty. On the other hand, in countries where a man is, by his birth or fortune, excluded from these offices, or from a power of voting for proper persons to fill them; that man, whatever be the form of the government, or whatever civil liberty, or power over his own actions he may have, has no power over those of another; he has no share in the government, and therefore has no political liberty at all. Nay his own conduct, as far as the society does interfere, is, in all cases, directed by others.

It may be said, that no society on earth was ever formed in the manner represented above. I answer, it is true; because all governments whatever have been, in some measure, compulsory, tyrannical, and oppressive in their origin; but the method I have described must be allowed to be the only equitable and fair method of forming a society. And since every man retains, and can never be deprived of his natural right (founded on a regard to the general good) of relieving himself from all oppression, that is, from every thing that has been imposed upon him without his own consent; this must be the only true and proper foundation of all the governments subsisting in the world, and that to which the people who compose them have an unalienable right to bring them back.

It must necessarily be understood, therefore, whether it be expressed or not, that all people live in society for their mutual advantage; so that the good and happiness of the members, that is the majority of the members of any state, is the great standard by which every thing relating to that state must finally be determined. And though it may be supposed, that a body of people may be bound by a voluntary resignation of all their interests to a single person, or to a few, it can never be supposed that the resignation is obligatory on their posterity; because it is manifestly contrary to the good of the whole that it should be so.

I own it is rather matter of surprise to me, that this great object of all government should have been so little insisted on by our great writers who have treated of this subject, and that more use hath not been made of it. In treating of particular regulations in states, this principle necessarily obtruded itself; all arguments in favour of any law being always drawn from a consideration of its tendency to promote the public good; and yet it has often escaped the notice of writers in discoursing on the first principles of society, and the subject of civil and religious liberty.

This one general idea, properly pursued, throws the greatest light upon the whole system of policy, morals, and, I may add, theology too. To a mind not warped by theological and metaphysical subtilties, the divine being appears to be actuated by no other views than the noblest we can conceive, the happiness of his creatures. Virtue and right conduct consist in those affections and actions which terminate in the public good; justice and veracity, for instance, having nothing intrinsically excellent in them, separate from their relation to the happiness of mankind; and the whole system of right to power, property, and every thing else in society, must be regulated by the same consideration: the decisive question, when any of these subjects are examined, being, What is it that the good of the community requires?

Let it be observed, in this place, that I by no means assert, that the good of mankind requires a state of the most perfect political liberty. This, indeed, is not possible, except in exceeding small states; in none, perhaps, that are so large as even the republics of ancient Greece; or as Genoa, or Geneva in modern times. Such small republics as these, if they were desirable, would be impracticable; because a state of perfect equality, in communities or individuals, can never be preserved, while some are more powerful, more enterprising, and more successful in their attempts than others. And an ambitious nation could not wish for a fairer opportunity of arriving at extensive empire, than to find the neighbouring countries cantoned out into a number of small governments; which could have no power to withstand it singly, and which could never form sufficiently extensive confederacies, or act with sufficient unanimity, and expedition, to oppose it with success.

Supposing, therefore, that, in order to prevent the greatest of all inconveniences, very extensive, and consequently absolute monarchies, it may be expedient to have such states as England, France, and Spain; political liberty must, in some measure, be restrained; but in what manner a restraint should be put upon it, or how far it should extend, is not easy to be ascertained. In general, it should seem, that none but persons of considerable fortune should be capable of arriving at the highest offices in the government; not only because, all other circumstances being equal, such persons will generally have had the best education, and consequently be the best qualified to act for the public good; but because also, they will necessarily have the most property at stake, and will, therefore, be most interested in the fate of their country.

Let it be observed, however, that what may be called a moderate fortune (though a thing of so variable a nature cannot be defined) should be considered as equivalent in this respect, to the most affluent one. Persons who are born to a moderate fortune, are, indeed, generally better educated, have, consequently, more enlarged minds, and are, in all respects, more truly independent than those who are born to great opulence.

For the same reason, it may, perhaps, be more eligible, that those who are extremely dependent should not be allowed to have votes in the nomination of the chief magistrates; because this might, in some instances, be only throwing more votes into the hands of those persons on whom they depend. But if, in every state of considerable extent, we suppose a gradation of elective offices, and if we likewise suppose the lowest classes of the people to have votes in the nomination of the lowest officers, and, as they increase in wealth and importance, to have a share in the choice of persons to fill the higher posts, till they themselves be admitted candidates for places of public trust; we shall, perhaps, form an idea of as much political liberty as is consistent with the state of mankind. And I think experience shews, that the highest offices of all, equivalent to that of king, ought to be, in some measure, hereditary, as in England; elective monarchies having generally been the theatres of cabal, confusion, and misery.

It must be acknowledged, however, to be exceedingly hazardous to the liberties of a people, to have any office of importance frequently filled by the same persons, or their descendants. The boundaries of very great power can never be so exactly defined, but that, when it becomes the interest of men to extend them, and when so flattering an object is kept a long time in view, opportunities will be found for the purpose. What nation would not have been enslaved by the uncontroverted succession of only three such princes as Henry IV. of France, Henry VII. of England, or the present king of Prussia? The more accomplished and glorious they were as warriors, or statesmen, the more dangerous would they be as princes, in free states. It is nothing but the continual fear of a revolt, in favour of some rival, that could keep such princes within any bounds; i.e. that could make it their interest to court the favour of the people.

Hereditary nobles stand in the same predicament with hereditary princes. The long continuance of the same parliaments have also the same tendency. And had not these things, together with an independent ecclesiastical power, been wonderfully balanced in our constitution, it could never have stood so long. The more complex any machine is, and the more nicely it is fitted to answer its purpose, the more liable it is to disorder. The more avenues there are to arbitrary power, the more attention it requires to guard them; and with all the vigilance of the people of these nations, they have more than once been obliged to have recourse to the sword. The liberties we now enjoy, precarious as they are, have not been purchased without blood.

Though it be very evident that no office of great trust and power should be suffered to continue a long time in the same hands, the succession might be so rapid, that the remedy would be worse than the disease. With respect to this nation, it seems to be agreed, that septennial parliaments have brought our liberties into very eminent hazard, and that triennial, if not annual parliaments would be better. Indeed septennial parliaments were at first a direct usurpation of the rights of the people: for, by the same authority that one parliament prolonged their own power to seven years, they might have continued it to twice seven, or, like the parliament in 1641, have made it perpetual. The bulk of the people never see the most obvious tendencies of things, or so flagrant a violation of the constitution would never have been suffered. But whereas a general clamour might have prevented the evil, it may require something more to redress it.

But though the exact medium of political liberty, with respect either to the property of men in offices of trust, or to their continuance in power, be not easily fixed, it is not of much consequence to do it; since a considerable degree of perfection in government will admit of great varieties in this respect; and the extreme of political slavery, which excludes all persons, except one, or a very few, from having access to the chief magistracy, or from having votes in the choice of magistrates, and which keeps all the power of the state in the same hands, or the same families, is easily marked out, and the fatal effects of it are very striking. For such is the state of mankind, that persons possessed of unbounded power will generally act as if they forgot the proper nature and design of their station, and pursue their own interest, though it be opposite to that of the community at large.

Provided those who make laws submit to them themselves, and, with respect to taxes in particular, so long as those who impose them bear an equal share with the rest of the community, there will be no complaint. But in all cases, when those who lay the tax upon others exempt themselves, there is tyranny; and the man who submits to a tax of a penny, levied in this manner, is liable to have the last penny he has extorted from him.

Men of equal rank and fortune with those who usually compose the English house of Commons have nothing to fear from the imposition of taxes, so long as there is any thing like rotation in that office; because those who impose them are liable to pay them themselves, and are no better able to bear the burden; but persons of lower rank, and especially those who have no votes in the election of members, may have reason to fear, because an unequal part of the burden may be laid upon them. They are necessarily a distinct order in the community, and have no direct method of controling the measures of the legislature. Our increasing game-laws have all the appearance of the haughty decrees of a tyrant, who sacrifices every thing to his own pleasure and caprice.

Upon these principles it is evident, that there must have been a gross inattention to the very first principles of liberty, to say nothing worse, in the first scheme of taxing the inhabitants of America in the British parliament.

But if there be any truth in the principles above laid down, it must be a fundamental maxim in all governments, that if any man hold what is called a high rank, or enjoy privileges, and prerogatives in a state, it is because the good of the state requires that he should hold that rank, or enjoy those privileges; and such persons, whether they be called kings, senators, or nobles; or by whatever names, or titles, they be distinguished, are, to all intents and purposes, the servants of the public, and accountable to the people for the discharge of their resective offices.

If such magistrates abuse their trust, in the people, therefore, lies the right of deposing, and consequently of punishing them. And the only reason why abuses

which have crept into offices have been connived at, is, that the correcting of them, by having recourse to first principles, and the people taking into their own hands their right to appoint or change their officers, and to ascertain the bounds of their authority, is far from being easy, except in small states; so that the remedy would often be worse than the disease.

But, in the largest states, if the abuses of government should, at any time be great and manifest; if the servants of the people, forgetting their masters, and their masters' interest, should pursue a separate one of their own; if, instead of considering that they are made for the people, they should consider the people as made for them; if the oppressions and violations of right should be great, flagrant, and universally resented; if the tyrannical governors should have no friends but a few sycophants, who had long preyed upon the vitals of their fellow citizens, and who might be expected to desert a government, whenever their interests should be detached from it: if, in consequence of these circumstances, it should become manifest, that the risque, which would be run in attempting a revolution would be trifling, and the evils which might be apprehended from it, were far less than those which were actually suffered, and which were daily increasing; in the name of God, I ask, what principles are those, which ought to restrain an injured and insulted people from asserting their natural rights, and from changing, or even punishing their governors, that is their servants who had abused their trust; or from altering the whole form of their government, if it appeared to be of a structure so liable to abuse?

To say that these forms of government have been long eslablished, and that these oppressions have been long suffered, without any complaint, is to supply the strongest argument for their abolition. Lawyers, who are governed by rules and precedents, are very apt to fall into mistakes, in determining what is right and lawful, in cases which are, in their own nature, prior to any fixed laws or precedents. The only reason for the authority of precedents and general rules in matters of law and government, is, that all persons may know what is law; which they could not do if the administration of it was not uniform, and the same in similar cases. But if the precedents and general rules themselves be a greater grievance than the violation of them, and the establishment of better precedents, and better general rules, what becomes of their obligation? The necessity of the thing, in the changing course of human affairs, obliges all governments to alter their general rules, and to set up new precedents in affairs of less importance; and why may not a proportionably greater necessity plead as strongly for the alteration of the most general rules, and for setting up new precedents in matters of the greatest consequence, affecting the most fundamental principles of any government, and the distribution of power among its several members?

Nothing can more justly excite the indignation of an honest and oppressed citizen, than to hear a prelate, who enjoys a considerable benefice, under a corrupt government, pleading for its support by those abominable perversions of scripture, which have been too common on this occasion; as by urging in its favour that passage of St. Paul, The powers which be are ordained of God, and others of a similar import. It is a sufficient answer to such an absurd quotation as this, that for the same reason, the powers which will be will be ordained of God also.

Something, indeed, might have been said in favour of the doctrines of passive obedience and non-resistance, at the time when they were first started; but a man must be infatuated who will not renounce them now. The Jesuits, about two centuries ago, in order to vindicate their king-killing principles, happened, among other arguments, to make use of this great and just principle, that all civil power is ultimately derived from the people: and their adversaries, in England, and elsewhere, instead of shewing how they abused and perverted that fundamental principle of all government in the case in question, did, what disputants warmed with controversy are very apt to do; they denied the principle itself, and maintained that all civil power is derived from God, as if the Jewish theocracy had been established throughout the whole world. From this maxim it was a clear consequence, that the governments, which at any time subsist, being the ordinance of God, and the kings which are at any time upon the throne, being the vicegerents of God, must not be opposed.

So long as there were recent examples of good kings deposed, and some of them massacred by wild enthusiasts, some indulgence might be allowed to those warm, but weak friends of society, who would lay hold of any principle, which, however ill founded, would supply an argument for more effectually preserving the public peace; but to maintain the same absurd principles at this day, when the danger from which they served to shelter us is over, and the heat of controversy is abated, shews the strongest and most blameable prepossession. Writers in defence of them do not deserve a seririous answer: and to alledge those principles in favour of a corrupt government, which nothing can excuse but their being brought in favour of a good one, is unpardonable.

The history of this controversy about the doctrine of passive obedience and non-resistance, affords a striking example of the danger of having recourse to false principles in controversy. They may serve a particular turn, but, in other cases, may be capable of the most dangerous application; whereas universal truth will, in all possible cases, have the best consequences, and be ever favourable to the true interests of mankind.

It will be said, that it is opening a door to rebellion, to assert that magistrates, abusing their power, may be set a side by the