Изображения страниц
PDF
EPUB

gravity was 16.13. This was melted in the furnace which drew the ftrongeft, as were all the experiments from the fourteenth. The fuel was placed only a little above the cover of the crucible, and a vacancy between the draughthole being left, the fire was prevented from being too intenfe.

PROPOSITIONS refpecting the FOUNDATION of CIVIL GOVERNMENT; by THOMAS COOPER, Esq.

I

READ MARCH 7, 1787.

HAVE often thought that the natural rights of mankind and the equitable principles of civil government, might be ftated fomewhat more briefly than I have any where seen them. With this view I have drawn up the following paper, containing the fubftance of many important difcuffions concerning the great outlines of civil liberty. It is of great confequence in my opinion, that a subject in which every member of fociety is fo immediately interefted, fhould be treated if poffible fo plainly as to be generally understood, and fo briefly as to be

*The Paper on Phyfiognomy, by Thomas Cooper, Efq. already inferted (page 408), was read at the Society, October 15, 1783.

VOL. III.

I i

eafily

eafily remembered. I cannot fay, however, that I have accomplished my own ideas in thefe respects; but where I have failed, I hope fome other will fucceed. At any rate, different modes of stating the fame points cannot but have their use, especially on a subject so important, and of fuch direct and extenfive application.

PROP. I. The right of exercifing political power is either derived entirely from the confent of the people over whom it is exercifed, or it is not. If not, from whence is it derived? Ten answers may in effect be given to this question of which the most part have already been proposed and defended respectively by writers expressly on the fubject.

1. It has been faid to be of divine appointment derived from God.

*

But which particular government is of divine appointment? What particular form of government did he appoint? To what man, or set of men, did he concede this political authority? What were the terms of the grant? Was it to him or them only to whom it was originally granted, or to their pofterity alfo? Over how many men, or how many nations was this domi

I have fometimes ftated the medium of proof directly, and fometimes in the form of a queftion, as it occurred. The latter mode is often fhorter and more familiar.

nion to be exercifed? What evidence have we

of the existence of the grant at all? Do any of the prefent rulers throughout the universe derive their right from this fource, mediately or immediately? May it not be faid of every ufurper, as well as of the moft legitimate monarch," the powers that be are ordained of God?" All these questions may be put, and ought to be refolved before this answer can be admitted, but I have not hitherto met with a folution of any of them. And it is to be observed, that no claim of this kind can be admitted which is not clear, precife, and incontrovertible. Nor does the burden of proof lie upon the people. If a fellowcreature informs me, that I and my pofterity are bound to obey his commands, it is not for me to prove that I am not fo bound, but for him to prove that I am.

2. From patriarchal authority and fucceffive delegation from the patriarchs.

This is the exploded hypothefis of Sir R. Filmer; but granting for a moment, what can never be established, the right of the patriarchs to govern during the period of their existence, who can prove a right in them to tranfmit their power to others who come not under the fame venerable description, or the uninterrupted defcent, or fucceffion, of those who would now arrogate the tranfmiffion?

[blocks in formation]

3. From parental authority: the head of a family who first fettled in any country having the right of governing bis defcendants.

This is fomewhat fimilar to the preceding fource of political dominion: at any rate, however, it can only extend over the progeny of the living parent; a delegation to the eldest brother for inftance, or to any other perfon, not being of this description. But granting for a moment this right of delegation in the head of a family, to how many fucceffive generations does it extend? Or how can it apply to the present circumftances of political affairs in any nation whatever? Moreover, as the chief if not the only good reasons that can be affigned for fubmiffion in fuch a cafe to parental authority, is, the greater experience of age, and the greater incitement from parental affection to act with a fole view to the good of the family, this authority must cease with the life of the parent, because the reafons themfelves for the fubmiffion will then cease: for without the gift of fupernatural forefight no man can tell what new cafes will arife in the fucceeding generation, or what kind of a governor his immediate fucceffor will prove and every generation weakens almoft to annihilation the mere tie of parental affection. But farther, on what ground can a parent, even during life, claim the abfolute direction of con

duct

duct over a fon of forty years of age for inftance? Suppofe the fon fhould think the parent wrong and himself right, ought he to act according to the dictates of his own confcience, or according to the commands of a father poffibly of lefs understanding, and of decayed faculties? In fact it is now univerfally agreed that there are cafes and times when parental authority ceafes to become abfolute, and changes into advice.

4. The acquiefcence of a parent under any exifting government binds the family.

(a) This does not relate to the origin and foundation of civil government, for there could be no fuch acquiefcence before the government in queftion existed. (b) The parent cannot bind the fon to perpetual fubmiffion even to parental authority, and much lefs to the authority of others. (c) If this fource of authority were well founded, then would the acquiefcence of a parent under tyranny and defpotifm, bind the fon to obey likewife. (d) It is always allowed that no parent can deprive his fon of his perfonal rights; he may limit what belongs to himfelf, the property he means to tranfmit, as he pleases; but he has no right to what belongs to the fon. (e) This fource would preclude all additions to, or diminutions of, the governing power, in any way whatever after the death of the father; for to fuch, the parental acquiefcence could not apply,

I i3

« ПредыдущаяПродолжить »