Two Tracts on Civil Liberty, the War with America, and the Debts and Finances of the Kingdom - Richard Price

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are particular provisions or regulations established by COMMON CONSENT for gaining protection and safety.—And all Magistrates are Trustees or Deputies for carrying these regulations into execution.

      Liberty, therefore, is too imperfectly defined when it is said to be “a Government by Laws, and not by Men.” If the laws are made by one man, or a junto of men in a state, and not by COMMON CONSENT, a government by them does not differ from Slavery. In this case it would be a contradiction in terms to say that the state governs itself.

      From hence it is obvious that Civil Liberty, in its most perfect degree, can be enjoyed only in small states, where every independent agent is capable of giving his suffrage in person, and of being chosen into public offices. When a state becomes so numerous, or when the different parts of it are removed to such distances from one another, as to render this impracticable, a diminution of Liberty necessarily arises. There are, however, in these circumstances, methods by which such near approaches may be made to perfect Liberty as shall answer all the purposes of government, and at the same time secure every right of human nature.

      Let us think here of what may be practicable in this way with respect to Europe in particular.—While it continues divided, as it is at present, into a great number of independent kingdoms whose interests are continually clashing, it is impossible but that disputes will often arise which must end in war and carnage. It would be no remedy to this evil to make one of these states supreme over the rest; and to give it an absolute plenitude of power to superintend and controul them. This would be to subject all the states to the arbitrary discretion of one, and to establish an ignominious slavery not possible to be long endured. It would, therefore, be a remedy worse than the disease; nor is it possible it should be approved by any mind that has not lost every idea of Civil Liberty. On the contrary.—Let every state, with respect to all its internal concerns, be continued independent of all the rest; and let a general confederacy be formed by the appointment of a Senate consisting of Representatives from all the different states. Let this Senate possess the power of managing all the common concerns of the united states, and of judging and deciding between them, as a common Arbiter or Umpire, in all disputes; having, at the same time, under its direction, the common force of the states to support its decisions.—In these circumstances, each separate state would be secure against the interference of foreign power in its private concerns, and, therefore, would possess Liberty; and at the same time it would be secure against all oppression and insult from every neighbouring state.—Thus might the scattered force and abilities of a whole continent be gathered into one point; all litigations settled as they rose; universal peace preserved; and nation prevented from any more lifting up a sword against nation.

      I have observed, that tho’, in a great state, all the individuals that compose it cannot be admitted to an immediate participation in the powers of legislation and government, yet they may participate in these powers by a delegation of them to a body of representatives.—In this case it is evident that the state will be still free or self-governed; and that it will be more or less so in proportion as it is more or less fairly and adequately represented. If the persons to whom the trust of government is committed hold their places for short terms; if they are chosen by the unbiassed voices of a majority of the state, and subject to their instructions; Liberty will be enjoyed in its highest degree. But if they are chosen for long terms by a part only of the state; and if during that term they are subject to no controul from their constituents; the very idea of Liberty will be lost, and the power of chusing representatives becomes nothing but a power, lodged in a few, to chuse at certain periods, a body of Masters for themselves and for the rest of the Community. And if a state is so sunk that the majority of its representatives are elected by a handful of the meanest[12] persons in it, whose votes are always paid for; and if also, there is a higher will on which even these mock representatives themselves depend, and that directs their voices: In these circumstances, it will be an abuse of language to say that the state possesses Liberty. Private men, indeed, might be allowed the exercise of Liberty; as they might also under the most despotic government, but it would be an indulgence or connivance derived from the spirit of the times, or from an accidental mildness in the administration. And, rather than be governed in such a manner, it would perhaps be better to be governed by the will of one man without any representation: For a representation so degenerated could answer no other end than to mislead and deceive, by disguising slavery, and keeping up a form of Liberty when the reality was lost.

      Within the limits now mentioned, Liberty may be enjoyed in every possible degree; from that which is complete and perfect, to that which is merely nominal; according as the people have more or less of a share in government, and of a controuling power over the persons by whom it is administered.

      In general, to be free is to be guided by one’s own will; and to be guided by the will of another is the characteristic of Servitude. This is particularly applicable to Political Liberty. That state, I have observed, is free, which is guided by its own will; or, (which comes to the same) by the will of an assembly of representatives appointed by itself and accountable to itself. And every state that is not so governed; or in which a body of men representing the people make not an essential part of the Legislature, is in slavery.—In order to form the most perfect constitution of government, there may be the best reasons for joining to such a body of representatives, an Hereditary Council consisting of men of the first rank in the state, with a Supreme executive Magistrate at the head of all. This will form useful checks in a legislature; and contribute to give it vigour, union, and dispatch, without infringing liberty: for, as long as that part of a government which represents the people is a fair representation; and also has a negative on all public measures, together with the sole power of imposing taxes and originating supplies; the essentials of liberty will be preserved.—We make it our boast in this country, that this is our own constitution. I will not say with how much reason.

      Of such Liberty as I have now described, it is impossible there should be an excess. Government is an institution for the benefit of the people governed, which they have power to model as they please; and to say, that they can have too much of this power, is to say, that there ought to be a power in the state superior to that which gives it being, and from which all jurisdiction in it is derived.—Licentiousness, which has been commonly mentioned, as an extreme of liberty, is indeed its opposite. It is government by the will of rapacious individuals, in opposition to the will of the community, made known and declared in the laws. A free state, at the same time that it is free itself, makes all its members free, by excluding licentiousness, and guarding their persons and property and good name against insult. It is the end of all just government, at the same time that it secures the liberty of the public against foreign injury, to secure the liberty of the individual against private injury. I do not, therefore, think it strictly just to say, that it belongs to the nature of government to entrench on private liberty. It ought never to do this, except as far as the exercise of private liberty encroaches on the liberties of others. That is; it is licentiousness it restrains, and liberty itself only when used to destroy liberty.

      It appears from hence, that licentiousness and despotism are more nearly allied than is commonly imagined. They are both alike inconsistent with liberty, and the true end of government; nor is there any other difference between them, than that the one is the licentiousness of great men, and the other the licentiousness of little men; or that, by the one, the persons and property of a people are subject to outrage and invasion from a King, or a lawless body of Grandees; and that, by the other, they are subject

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