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This we find verified in the American tribes, where men live in concord and amity among themselves without any established government and never pay submission to any of their fellows, except in time of war, when their captain enjoys a shadow of authority, which he loses after their return from the field, and the establishment of peace with the neighbouring tribes. This authority, however, instructs them in the advantages of government, and teaches them to have recourse to it, when either by the pillage of war, by commerce, or by any fortuitous inventions, their riches and possessions have become so considerable as to make them forget, on every emergence, the interest they have in the preservation of peace and justice. Hence we may give a plausible reason, among others, why all governments are at first monarchical, without any mixture and variety; and why republics arise only from the abuses of monarchy and despotic power. Camps are the true mothers of cities; and as war cannot be administered, by reason of the suddenness of every exigency, without some authority in a single person, the same kind of authority naturally takes place in that civil government, which succeeds the military. And this reason I take to be more natural, than the common one derived from patriarchal government, or the authority of a father, which is said first to take place in one family, and to accustom the members of it to the government of a single person. The state of society without government is one of the most natural states of men, and must submit with the conjunction of many families, and long after the first generation. Nothing but an encrease of riches and possessions coued oblige men to quit it; and so barbarous and uninstructed are all societies on their first formation, that many years must elapse before these can encrease to such a degree, as to disturb men in the enjoyment of peace and concord. But though it be possible for men to maintain a small uncultivated society without government, it is impossible they should maintain a society of any kind without justice, and the observance of those three fundamental laws concerning the stability of possession, its translation by consent, and the performance of promises. These are, therefore, antecedent to government, and are supposed to impose an obligation before the duty of allegiance to civil magistrates has once been thought of. Nay, I shall go farther, and assert, that government, upon its first establishment, would naturally be supposed. to derive its obligation from those laws of nature, and, in particular, from that concerning the performance of promises. When men have once perceived the necessity of government to maintain peace, and execute justice, they would naturally assemble together, would chuse magistrates, determine power, and promise them obedience. As a promise is supposed to be a bond or security already in use, and attended with a moral obligation, it is to be considered as the original sanction of government, and as the source of the first obligation to obedience. This reasoning appears so natural, that it has become the foundation of our fashionable system of politics, and is in a manner the creed of a party amongst us, who pride themselves, with reason, on the soundness of their philosophy, and their liberty of thought. All men, say they, are born free and equal: Government and superiority can only be established by consent: The consent of men, in establishing government, imposes on them a new obligation, unknown to the laws of nature. Men, therefore, are bound to obey their magistrates, only because they promise it; and if they had not given their word, either expressly or tacitly, to preserve allegiance, it would never have become a part of their moral duty. This conclusion, however, when carried so far as to comprehend government in all its ages and situations, is entirely erroneous; and I maintain, that though the duty of allegiance be at first grafted on the obligation of promises, and be for some time supported by that obligation, yet it quickly takes root of itself, and has an original obligation and authority, independent of all contracts. This is a principle of moment, which we must examine with care and attention, before we proceed any farther.
It is reasonable for those philosophers, who assert justice to be a natural virtue, and antecedent to human conventions, to resolve all civil allegiance into the obligation of a promise, and assert that it is our own consent alone, which binds us to any submission to magistracy. For as all government is plainly an invention of men, and the origin of most governments is known in history, it is necessary to mount higher, in order to find the source of our political duties, if we would assert them to have any natural obligation of morality. These philosophers, therefore, quickly observe, that society is as antient as the human species, and those three fundamental laws of nature as antient as society: So that taking advantage of the antiquity, and obscure origin of these laws, they first deny them to be artificial and voluntary inventions of men, and then seek to ingraft on them those other duties, which are more plainly artificial. But being once undeceived in this particular, and having found that natural, as well as civil justice, derives its origin from human conventions, we shall quickly perceive, how fruitless it is to resolve the one into the other, and seek, in the laws of nature, a stronger foundation for our political duties than interest, and human conventions; while these laws themselves are built on the very same foundation. On which ever side we turn this subject, we shall find, that these two kinds of duty are exactly on the same footing, and have the same source both of their first invention and moral obligation. They are contrived to remedy like inconveniences, and acquire their moral sanction in the same manner, from their remedying those inconveniences. These are two points, which we shall endeavour to prove as distinctly as possible.
We have already shewn, that men invented the three fundamental laws of nature, when they observed the necessity of society to their mutual subsistance, and found, that it was impossible to maintain any correspondence together, without some restraint on their natural appetites. The same self-love, therefore, which renders men so incommodious to each other, taking a new and more convenient direction, produces the rules of justice, and is the first motive of their observance. But when men have observed, that though the rules of justice be sufficient to maintain any society, yet it is impossible for them, of themselves, to observe those rules, in large and polished societies; they establish government, as a new invention to attain their ends, and preserve the old, or procure new advantages, by a more strict execution of justice. So far, therefore, our civil duties are connected with our natural, that the former are invented chiefly for the sake of the latter; and that the principal object of government is to constrain men to observe the laws of nature. In this respect, however, that law of nature, concerning the performance of promises, is only comprized along with the rest; and its exact observance is to be considered as an effect of the institution of government, and not the obedience to government as an effect of the obligation of a promise. Though the object of our civil duties be the enforcing of our natural, yet the first [First in time, not in dignity or force.] motive of the invention, as well as performance of both, is nothing but self-interest: and since there is a separate interest in the obedience to government, from that in the performance of promises, we must also allow of a separate obligation. To obey the civil magistrate is requisite to preserve order and concord in society. To perform promises is requisite to beget mutual trust and confidence in the common offices of life. The ends, as well as the means, are perfectly distinct; nor is the one subordinate to the other.