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thefe means, and in fuch fituations, that the minds of men are fo affected and prepared, that the most dreadful uproars often arise from the flightest provocations.-When the train is laid, a spark will produce the explofion,

VOL. II.

K

CHAP.

CHA P. III.

THE DUTY OF SUBMISSION TO CIVIL GO

VERNMENT EXPLAINED.

Τ TH

HE fubject of this chapter is fufficiently diftinguished from the fubject of the laft, as the motives which actually produce civil obedience, may be, and often are, very different from the reasons which make that obedience a duty.

In order to prove civil obedience to be a moral duty, and an obligation upon the confcience, it hath been usual with many political writers, at the head of whom we find the venerable name of Locke, to ftate a compact between the citizen and the ftate, as the ground and caufe of the relation between them; which compact, binding the parties for the fame general reason that private contracts do, refolves the duty of fubmiffion to civil government into the univerfal obligation of fidelity in the performance of promifes. This compact is twofold:

First, An express compact by the primitive founders of the ftate, who are fuppofed to have

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convened for the declared purpofe of fettling the terms of their political union, and a future conftitution of government. The whole body is fuppofed, in the first place, to have unanimoufly confented to be bound by the refolutions of the majority; that majority, in the next place, to have fixed certain fundamental regulations; and then to have conftituted, either in one perfon, or in an affembly (the rule of fucceffion or appointment being at the fame time determined), a ftanding legislature, to whom, under these pre-established reftrictions, the government of the ftate was thenceforward committed, and whofe laws the feveral members of the convention were, by their firft undertaking, thus perfonally engaged to obey.-This tranfaction is fometimes called the focial compact, and thefe fuppofed original regulations compose what are meant by the conflitution, the fundamental laws of the conftitution; and form, on one fide, the inherent indefeafible prerogative of the crown; and, on the other, the unalienable inprescriptible birthright of the subject.

Secondly, A tacit or implied compact, by all fucceeding members of the state, who, by accepting its protection, confent to be bound by its laws; in like manner as whoever voluntarily

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enters into a private fociety, is understood, without any other or more explicit ftipulation, to promife a conformity with the rules, and obedience to the government of that fociety, as the known conditions upon which he is admitted to a participation of its privileges.

This account of the fubject, although fpecious, and patronized by names the most refpectable, appears to labour under the following objections; that it is founded upon a fuppofition falfe in fact, and leading to dangerous conclufions.

No focial compact, fimilar to what is here defcribed, was ever made or entered into in reality; no fuch original convention of the people was ever actually held, or in any country could be held, antecedent to the exifténce of civil government in that country. It is to fuppofe it poffible to call favages out of caves and deferts, to deliberate and vote upon topics, which the experience, and ftudies, and refinements of civil life alone fuggeft. Therefore no government in the universe began from this original. Some imitation of a focial compact may have taken place at a revolution. The prefent age has been witness to a tranfaction, which bears the nearest refemblance to this political idea,

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of any of which hiftory has preferved the account or memory. I refer to the establishment of the united states of North-America. We faw the people affembled to elect deputies, for the avowed purpose of framing the conftitution of a new empire. We faw this deputation of the people deliberating and refolving upon a form of government, erecting a permanent legislature, diftributing the functions of fovereignty, eftablishing and promulgating a code of fundamental ordinances, which were to be confidered by fucceeding generations, not merely as laws and acts of the ftate, but as the very terms and conditions of the confederation; as binding not only upon the subjects and magifirates of the ftate, but as limitations of power, which were to control and regulate the future legislature. Yet even here much was prefuppofed. In fettling the conftitution many important parts were prefumed to be already fettled. The qualifications of the conftituents who were admitted to vote in the election of members of congrefs, as well as the mode of electing the reprefentatives, were taken from the old forms of government. That was wanting from which every focial union fhould fet off, and which alone makes the resolutions of the fociety the act of the individual,

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