Here it may be objected again, if this doctrine is true, then the rulers for the time being, will be the sole judges of the truth as well as the tendency of all avowed opinions, and open practices. Consequently if they chance to be in an error, the truth will be kept from the people. The answer is, it is no part of the duty of the government to regulate the consciences of individuals; but every person should be left at perfect liberty to form his opinions as he pleases, provided he does not disturb others with them. But, where the people and the government are agreed in the general grounds of their religious faith, it would be very extraordinary, if they had not a perfect right to exclude from their territory, any persons, who should disturb the public peace by attempting to introduce a new one.

These remarks, however, so far as they respect opinions on religious subjects, are not intended to apply to any organized society or government, where, on account of the great number of religious opinions, universal toleration is one of the fundamental articles of the constitution or social compact. Nor will they apply to persons, who profess to come as divine ambassadors, provided only they are furnished with those divine credentials, which furnish the only safe criterion, by which uninspired persons, can, in every case, distinguish between enthusiasm, fanaticism, or imposture, and true inspiration. But if, having no other evidence or assistance than other men, they undertake to disturb and revolutionize society, with the visions of their own imaginations or the mere deductions of their own understandings, without any other sanction or authority than enthusiastic reveries, or supported alone by the self-blandishing but fallacious supposition of their own intellectual superiority, and the ignorance and delusion of others, the government, having sufficient authority from the people for that purpose, will do no more than their duty in gently sending them out of the country without further molestation.

Neither are these remarks designed to apply in the slightest degree to missionaries, as if it were intended to deter them from what they consider their duty, in attempting to spread the divine revelation among the heathen. On the contrary,

this most benevolent intention, this attempt to comply with or fulfil the divine command, Go preach the gospel to all nations,' cannot in the fallible view of our narrow understandings, be too much applauded. Still, they should be careful not to disseminate as divine truths, any mere opinions or inventions of men. If unfortunately they should propagate error, what thanks can they deserve? Certainly nothing more than the praise of good intentions, accompanied with the discouraging abatement, of having done harm instead of good. In this case, it is obvious, there is ample room for an apparent conflict of rights and duties. For, the missionary may possibly mistake the peculiar tenets of the sect to which he belongs, for the only essential part of divine revelation, and esteem it his duty to spread them even at the risk of his life. On the other hand, the government of the country may consider those peculiar tenets, as nothing more than pernicious errors, and consider it their duty to put a stop to the dissemination of them.

Where a christian missionary goes among the heathen, thus exposing himself to toil, danger, hardships, and privation in the service of the great Master of our religion, there can be but one opinion, as to his merit and his reward. On the other hand, can there remain a doubt, that an enlightened christian community may adopt decisive measures, to prevent the propagation of delusion, fanaticism, or any doctrines of sufficient plausibility and having a tendency to disturb the public tranquillity, by subverting the true religion in the minds of the weak and defenceless, and introducing in its place, principles productive of confusion and numberless disorders?

Suppose, again, an enthusiast should be so zealous as to go to Rome for the purpose of converting the Pope, a case which history informs us has actually happened; what better treatment could he have a right to expect, than was given in the instance alluded to, viz. to be sent to a mad-house? Might not the Pope very properly answer his exhortation, by saying, Friend, it appears, that you have come hither, for the purpose of converting me to what you believe to be the true doctrine of the christian religion. Your design, though in

some measure vainglorious, is filled with benevolence; and if you have any new revelation, of the authenticity of which you can furnish satisfactory proof, I am ready to listen to it with the deepest veneration and humility. But, if you have not, what vanity can actuate you to suppose that I shall substitute your infallibility in the place of that, which is commonly ascribed to my office.

'If I am sincere in the profession of the Catholic doctrine, can you be so simple as to expect to convert me to your opinions without the advantage of any other revelation, than I have myself, by the superiority of your intellectual powers alone? Or, if I am not sincere, what occasion is there for your kind offices? Would you take up arms against a

shadow?'

3. The right of property. As society is organized for the security of property as well as life, this right remains in ful! force, and cannot be invaded without the grossest tyranny and oppression.

This right however is not infringed by equal taxes for public purposes, imposed by adequate legitimate authority. A misapplication or misappropriation of funds in the public treasury, however, must be considered as a violation of this right, though it is also a great breach of public trust. Any regulations introduced by law, for the transmission of property by descent, or directing the mode of transferring property on a sale, will be free from exception on this account; provided that no estate actually vested under a law, is divested by the operation of a law afterwards enacted. In any case, where an individual fails to receive what he had stipulated for, or what otherwise he would have a just right to expect, from an omission to comply with the laws of society, it must be ascribed to his own imprudence or negligence.

4. Right of equality. As men are naturally equal in their rights, there can be no doubt, as has been already remarked, that no individual would be willing to join in organizing a society, unless he were put on an equal footing with others, as to all the rights secured to him in the social compact, or constitution of the society. It would obviously be no violation of this principle, if, in the constitution itself, it had been

stipulated and agreed, that certain classes of persons, which classes should be accessible to all, should have greater powers, or should be exempted from certain public burthens. There is nothing unfair or unequal in this, in reality.

Neither would it be a violation of this principle, if a law should be passed, making men liable to certain common burthens for the benefit of society, as soon as they arrive at a certain age, and to exempt them from such burthens, as soon as they arrived at a certain other age, as in the case of military service. Because the law is general in its application, and the difference of condition occasioned by it, is merely temporary. Since every man, however aged, has once been young; and the young, if they live, will certainly arrive at an age, at which they too will in like manner be exempted. But, it would be a violation of this principle, if the legislature should attempt to alter by law, the requirements of individuals made in the constitution in order to qualify them for the exercise of certain civil rights, either by adding to or taking from them; or, by imposing new conditions, or removing old ones. And therefore a disqualification of individuals by law, grounded on distinctions not recognized in the constitution, is a violation of this principle.

For the same reason, a sacrifice of the interests of particular individuals, or inhabitants of particular districts, either in favor of other individuals or classes, or, even in favor of the public at large, is a violation of this right. But the government is generally considered as having authority to apply private property to public uses, if an adequate compensation is made to the proprietor, especially in cases of great emergency.

Where the operation of a law is, to prefer one class of citizens over another, the question, whether the law is to be considered as a violation of the natural right of equality, will depend upon the previous question, whether this effect is one of the principal inducements to pass the law; in which case it is tyrannical, as emanating from an usurped power; or, whether, without having such inducement, the principal operation or effect of the law, is to give such a preference; in which case, it is unjust because unequal in its operation, and if con

tinued after notice of its effects, is also arbitrary and oppressive; or whether this unequal effect was wholly overlooked by the legislature, and is a necessary attendant upon some great public advantage, the obtaining of which, was the sole object which the legislature had in view in the passing of the law; in which case, it will be no violation of private right. But, as one class of citizens ought not to be sacrificed for the benefit of another, or, even of the public, the latter, out of the great advantage which they derive from the law, ought to make satisfactory compensation to those persons, who are sufferers by its enactment; the loss to be ascertained by impartial appraisers or assessors. If the public are not willing to make this compensation, the wrong to the property of the suffering class or individuals, is neither more nor less than a robbery under pretence of law. But, if the public cannot afford, out of the benefit which they derive from the passage of such law, to make such compensation, it is conclusive proof, that the law is inexpedient as well as unjust; since it will occasion more disadvantage than benefit. Where the principal operation of a law is to give a preference to one class of citizens over another, this is not a case for compensation; but is a direct violation of the right of equality, to be waived by the injured class alone. As soon as this effect is ascertained, therefore, the law should be immediately repealed.

5. The right of freely discussing public measures, &c. Another right, which, it must necessarily be presumed, the people mean to reserve to themselves in every free elective government, is that of discussing the qualifications and characters of all candidates for public offices, who consent to stand for them, as well as the character, conduct, and general measures of all public officers. This subject will be considered more at large in Part II. Chapters 1 and 2.

But in governments so framed, that misconduct in the chief ruler or magistrate, does not by their constitutions, involve his disqualification for office, or his removal from it, whether it be elective or hereditary, it would be of no advantage to the people, for each citizen to have a right to comment harshly upon him, for the purpose of bringing him into hatred