Thefe general laws refulting from the original principles and fitness of things, and applicable to animate and inanimate matter, and rational and irrational beings, are denominated the laws of nature. The limited state of our faculties, renders it impoffible for us to obtain a clear difcovery of the infinite extent and univerfal operation of those laws. A full profpect of the glories of nature and a knowledge of the ultimate caufe of things, must be hid from us, till our intellectual faculties are enlarged in fome future state of existence. The aftronomer has difcovered the agen●y of gravitation in effecting the revolution of the heavenly bodies. The philofopher has inveftigated the laws of motion, the mechanical powers, the laws of optics, fluids, and electricity. The chemift has demonstrated that the compofition and decompofition of material fubftances, are caufed by the power of attraction, of cohesion, and repulfion. Thefe, and many more which it is not my province to enumerate, constitute the laws of nature that refpect the material world.

Man, who is the fubject of these enquiries, is a compound being, confifting of matter and mind. The generation, organization, nutrition and exiftence of the material part, depend upon the fame laws, as matter. The mind ennobles him with the highest priviledges and excellencies, and renders him capable of fenfation.--By means of the fenfes he obtains a knowledge of the beautics of nature with which he is furrounded-Endowed with reafon, he is capable of thinking, and judging refpecting the ideas communicated to him by his fenfes-Sufceptible of the feelings of pleafure and pain, he is rendered an active being and impelled by a thousand motives, to fhun the various fcenes of mifery, and purfue the fleeting objects of happiness. In this purfuit, his mind is under the influence and government of thofe motives which refult from the established order of things; but as he feels that he has the power of doing as he pleafes,' he confiders himfelf to be a free agent and refponfible for his conduct. Invefted with a confcience or moral fenfe, he is qualified to diflinguifh between right and wrong, and afcertain the boundaries between virtue and vice. This monitor enthroned in his heart, furnishes him with the transport of felf approbation, when he purfues the path of virtue and points

the

the dagger of horror and remorse to his foul, when he obeys the allurements of vice. Man as a moral agent, is fubject to thofe moral laws which are co-existent with eternity, and which are calculated to produce the higheft poffible happiness in this stage of our existence. Thefe laws are equally operative and obligatory upon the whole human race; and tho there may be fome flight variations, occafioned by difference of climate and education; yet fuch is the agreement of mankind in respect to them, that they may be faid to be general in their extent, and univerfal in their operation. Yet as man was not intended in the commencement of his existence, to be a perfect being, but to progrefs from ftage to ftage, towards perfection, till he fhould become qualified for complete felicity, and a full comprehenfion of the glories of his creator, we find that he is fometimes actuated by mifchevious propensities and wicked desires, that impel him to a violation of the moral law, and the commis fion of injuries to his fellow-creatures. If fome permanent principle were established, that coerced mankind to a perpetual obferv. ance of the moral law, they would be in a state of peace and safety, but the imperfect obfervance of it, has expofed them to every fpecies of danger, infult, and injury, and has rendered neceffary for their preservation, that social principle which is wifely implanted in the human mind.

Man when alone, is a feeble defencelefs being-incapable of afferting his rights, and redreffing his wrongs. The Leity has therefore instamped on his nature the love of his fellow men, invested him with focial feelings, and impelled him by the strong principle of felf-prefervation, to enter into a flate of fociety. The inftant we contemplate man as a fcocial being, we behold the germination of that principle that prompts him to adopt and obferve those rules and regulations which are neceffary to fecure the rights of individ uals, and preferve the peace and good order of fociety. Thofe rules constitute the civil law, and are the fubject of these researches. A more complete and accurate definition will be given of law, as foon as we have confidered civil fociety, and civil government.

Such is the extent of the globe, that it is impracticable to unite all mankind under one government. A number of distinct and independent

dependent communities have been erected.

Their relation to each other is the fame as that of individuals in a flate of nature. Where a community has fuftained an injury from another, it must be its own judge with refpect to the recompence to be demanded, and muft depend on its own refources to procure redrefs. In the intercourfe of nations, by common and univerfal confent, certain general rules and principles have been adopted, that are founded on the law of nature, and denominated the laws of nations.

This is defined to be the fcience of the law fubfifting between nations or states, and of the obligations which flow from it. Juftinian fays," the law of nations is common to the whole human race." The exigences and neceffities of mankind, have induced all nations to conftitute certain rules of right.

When man opens his eyes upon the wonderful, fublime and magnificient objects that furround him, he is convinced that there is fome fupreme intelligent power that called them into existence, and that governs univerfal nature. A confcioufnefs of his own weakness and dependance, the pain and mifery to which he is fubjected, lead him to implore the mercy and favour of the invifible power by the fragrant incenfe of facrifice, by the humble ftrains of adoration, or the pious fupplications of a penitent heart and contrite fpirit. Man is a religious being. In every ftage of focicty, and in every country on the globe, this truth has been demonstrated. From the Tartar who roams through the wilds of Afia, and the Indian who traverses the woods of America, to the philofopher who with his telescope surveys the ftellary worlds, or in his labaratory, explores the occult qualities of matter, the power of religion encreases, in proportion to the encreafe of knowledge. Human laws, can nei ther create or annihilate it. Mankind will never ceafe to be religious, till they ceafe to exift. It would be a curious fubject to inveftigate the wild fyftems of mythology, which have been adopted by nations guided by the light of nature, unaided by divine infpiration. But it is fufficient for our purpose to remark, that in this country we have the bleffing of a religion, that while it opens the door of falvation, and guides to immortal felicity, is fupported by fuch indubitable proof, that we muft difiegard human teftimony,

VOL. I.

and

a Vattel, Law of Nations, 2. Jus autem gentium omni humano generis commune eft, nam ufit exigente et humanis neceffitatibus gentes humanæ jura quædam fibi conftituerint. Just. Inft. L. 1. T. 2.

and reject the evidence on which all our knowledge of paft tranfactions is grounded, if we doubt its truth, or deny its divinity. The christian religion derives the highest credibility from containing a fyftem of morality, infinitely fuperior in point of excellence and purity, to the theology of Greece and Rome, and the philofophy of Plato and Cicero. From this religion, is derived the revealed or divine law, and the obfervation of it, is fanctioned by future rewards and punishments.

SECTION THIRD.

OF CIVIL SOCIETY.

WE have confidered man as a fentient, rational, active, and

moral being. We are now more efpecially to confider him in his focial capacity. To obtain a thorough knowledge of this fubject, it is neceffary to view mankind when connected with each other, but independent of any government; which political writers call a state of nature.

It cannot be expected that we can find any nation in a state of nature, tho some favage clans and tribes, are but little removed from it. But for the purposes of the prefent enquiry, it is immaterial whether this ftate be ideal, or actually exifting. We can eafily imagine what mankind would be, in fuch a state, and thence infer their rights and privileges.

In a state of nature, all men poffefs the ineftimable privilege of freedom. They are equal in point of rank. They know no diftinction, but what arifes from fuperiority of bodily ftrength, and intellectual capacity. They are bound to yield obedience to the commands of no fuperior, and to conform their actions to the laws of no government. The moral law only, has any obligation upon them, and to this they owe the moft perfect obedience. They have an indifputable right to do every act which they please, in the purfuit of their own happiness, that does not contravene the moral law, nor injure any of their fellow creatures. The rights of perfonal fecurity, perfonal liberty, and private property, they are entitled

entitled to in their fullest extent. When any perfon fuftains an injury, he appeals to no tribunal for redress, he is the fole judge of the injury, tho his own cafe; his own arm avenges the wrong, and chastises the offender. If mankind were under the perpetual influence, and invariable direction of the moral law, how happy would their situation be in a state of nature: there would be no neceffity of the interpofition of human laws. But while confcience dictates to them to purfue the paths of virtue, and warns them against the practice of vice, there are many individuals who are actuated by certain propenfities, to wrong their fellow-men, and infringe the rules of morality. To check, refrain, and punish this injuftice, every individual is left to the strength of his arm, and the powers of his mind. So great is the difference among mankind in this respect, that the conflict is very unfair and unequal. The weak will always fall a prey to the strong; the cause of justice will be difregarded, the powerful will triumph in the practice of mifchief, and injustice,-the weak muft fuffer a conftant repetition of injuries without a poffibility of redrels. This points out the miferable condition of man in a ftate of nature, and we may rationally expect to find him endowed with fome principle to fupply the defect.

Why immutable laws were not inftamped upon the mind of man, that should certainly direct him to a course of conduct productive of the greateft poffible happiness, is a myftery far beyond human comprehenfion. It is however probable, that in the fyftem of nature, and in the eternal plan conceived in the divine mind, for the difplay of his glory, it became neceflary to create fuch an or der of beings as man, to compleat that infinite variety that diftinguishes the works of creation. He is endowed with all the principles that are neceflary to conftitute his character. While he applauds the practice of virtue, we find that the unguarded impulfe of paffion, the profpect of temporary pleasure, or the inclination. of a wicked heart, may lead him to do wrong to his fellow creatures, and disturb their peace and repose. But left this perpetual warfare should put an end to the human race, they are inspired with a love for each other, and are endowed with principles, that lead to unite in fociety for mutual protection, and defence. The mutuality of affection between individuals, the fear of danger, the incapacity

C 2