let us not quarrel with the fact, but conform to it. Any complaint on this subject may be silenced by the reflection, that, after all, we are gainers by being men, rather than animals-by being noble and powerful in our worst condition, rather than low and mean. It is the part of wisdom to acquiesce in all this, and, with the philosophic bard, agree that, "Whatever is, is right!"-applying it, as intended, doubtless, to the constitution of nature, and not to the moral actions of men.

Government, then, is necessary in order that there may be imposed upon the actions of each individual in society such moral restraint as is felt by a man having the best moral and intellectual endowment and culture. In other words, government ought to prescribe such limits to individual action as are sanctioned by reason and natural morality.

The great precept of nature is conceded to be" that man shall pursue his own true and substantial happiness." And Blackstone in his Commentaries remarks, "that this law of nature, being coeval with mankind, and dictated by God * himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity if contrary to this-and such of them as are valid, derive all their force and all their authority, mediately or immediately, from this original."

Now the man of the highest mental endowment and culture naturally perceives and adopts that mode of moral and intellectual action which best subserves human happiness. His conduct is approved by reason and natural morality. But from this rule of action the man with an imperfect organization and culture departs; and thus mistakes the way to his own happiness, and injures the rights and impairs the happiness of others. Amid the diversities of human character, there will be found men whose animal propensities are strong, and who are wanting in the restraints and guidance of good moral and intellectual endowments. These are not "a law unto themselves ;" and if they are indulged with unlimited freedom, it is easy to perceive that the rights and happiness

of others will be endangered, while their own welfare is far from being promoted by a licentious gratification of their animal instincts.

Government must supply the restraints which the natures of these men fail to impose upon themselves. They must be controled by the superior intellectual and moral power of the social body. They must be constrained" to pursue their -own true and substantial happiness." They have failed to perceive it, by reason of their defective organization or imperfect culture, and government may restrain them until they are trained to a proper pursuit of happiness.

But, fortunately, this radically defective class of human beings is comparatively small; and the great mass of the civilized world are capable of appreciating and acting upon the true rule of human happiness: which is, to gratify all the desires of man's nature under the sanction of the moral sentiments, enlightened by the powers of the cultivated intellect. This is the fullest enjoyment of human rights-the true exercise of "the largest liberty."*

A just government will impose no restraint upon man which his own moral nature and enlightened intellect do not sanction. A good and proper man ought to feel no restraint under government, but that of his own enlightened nature. The law of government and the law of his own mind ought to present the same limit to his actions. Government no

* Mr. George Lyon, in an able "Essay on the Phrenological Causes of the different degrees of Liberty enjoyed by different Nations." and which was published several years ago in the Edinburgh Phrenological Journal, defines liberty to be "the exercise at will of the whole propensities, sentiments, and intellectual faculties, in so far as this exercise is not prejudicial to, nor inconsistent with, the legitimate exercise of all or any of these faculties in others."

I quote further from the same Essay: "When the propensities, sentiments, and intellectual faculties, are all amply developed, either in an individual or a nation, such an individual or nation is susceptible of liberty, because the excesses or abuses of the lower propensities are restrained by the possession and internal activity of the higher sentiments. Those, on the other hand, in whom the propensities greatly predominate, must have their excesses restrained from without, because the internal restraints are extremely deficient; and in exact proportion to that deficiency on the one hand, and to the power and strength of their propensities on the other, must be the degree and measure of the external restraint, or, in other words, the security of the laws by which they must be governed." "Perfect liberty, when there is a capacity of enjoying it, is not merely exemption from tyranny or inordinate government; nor is it even rational submission to rational rule: it is freedom from all external law or government whatsoever; because external law or government is, in the case supposed, unnecessa ry." "When the sentiments and intellect decidedly predominate over the

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more directs him, than he directs the government. The obligations of the law and those of humanity are to him one and the same. If the laws are just, they are the offspring of his moral nature. The obligation of the laws is derived from their moral fitness. His submission, then, is not to man, but to the Creator; not to government, but to himself -to his better, his superior self. If he make a sacrifice, it is upon the altar of his own happiness; he surrenders no right, but the right to do wrong; he gives up no privilege, but the privilege of erring. But he had no right to transgress a rule of action prescribed by his superior nature to effect his happiness. He surrenders no positive right, therefore, when he becomes a citizen of a just and free government. He is yet as free as his own true nature ever allowed him to be. Never could he indulge a low desire, without reference to the restraints of his own superior nature.Wheresoever he was, he carried his proper humanity with him. He never was a mere animal, with the freedom of sensual gratification. I have not intended to argue in favor of animal freedom, for man never was free in that sense. Reason always abides with him; conscience never deserts him; benevolence is his constant companion; and noble aspirations to the good, the beautiful, and perfect, ever abound in his nature. These great and dreadful restraints are bound up with the man; and be he where he may, they demand his obedience. The first murderer heard their awful voice in the depths of his soul, after he had slain his brother; and they will for ever cry out against brutal passion and animal excesses. The lower propensities may rage and destroy; but for all these things, man's own great and awful nature will bring himself to judgment. The tribunal is organized propensities, the individual would not require to be subjected to law or restraint of any kind. He would be a law unto himself; he would abstain from every crime, and practice every virtue, though penal laws were unknown; his absti nence from crime being dependant on a far higher authority than that of an en/actment of his Majesty, with the advice and consent of the Lords and Commons in Parliament assembled."

"Every man," says Mr. George Combe, "who does not recognise an obligation on himself, imposed by the law of God, to act nobly, honorably, and rationally, in proportion to his freedom from human tyranny, has not yet formed a conception of the first elements of liberty."-Combe's Lectures. By Dr. Boardman, 2d edition, page 362.

in his own mind. His loftier nature sits in judgment upon his lower, administering restraint upon low desire, and condemning mere sensual gratifications. If the laws do no more than this, then do they not unjustly restrain human liberty, nor abridge human rights.*

entire nature.

The laws, then, of a just government, will merely respond to the demands of humanity. They will emanate from the true wants and moral emotions of the human mind; they will prescribe such limits to human action as man's proper nature prescribes to itself; they will deny no gratification which it denies not to itself; they will bear the express image of human character, and have their foundation in the nature of man. But they will answer the demands of his They will sustain its great harmony, cherish its hopes, allay its fears, foster its benevolence, and carry out its justice. They will subdue the animal and exalt the man. They will point the high road to happiness, and close the gate of groveling instinct and base desire. They will prescribe that as the rule of human conduct which the enlightened intellect and high moral endowment write down in the inner man-sanctioning what these sanction, and forbidding what these forbid. The laws will thus be in perfect harmony with man's nature, and the statute-book become the enlightened expression of his will. It may then be truly said that the citizen, "although loyal, would still be free-obedient, and yet independent."

There is, then, a fundamental law, the law of man's mental

* "If a law," says Mr. Lyon, "should exist in any country restraining the intermarriage of one class of its citizens with another, such as obtained in ancient Rome in regard to the plebeians and patricians, such a law would outrage amativeness, adhesiveness, self-esteem, love of approbation, conscientiousness, &c.; and to this extent, such a people would not be free.". "If all places of trust,

power, and influence, were confined to a few, as in Rome, where a plebeian could not aspire to the honors of Consulship, such an order of things would be a restraint upon self-esteem, love of approbation, &c.; and here, also, the people would not be free.".. "Again: if the law should interfere with or prohibit the free accumulation of wealth, such as the Agrarian law of Rome, this would impose an arbitrary restraint on acquisitiveness and love of approbation; and would, of consequence, be inconsistent with liberty.". "And if such a law should exist as obtains in Hindostan, and more or less in all Catholic countries, where the great mass of the people are interdicted from perusing their sacred writings, such a law would be a restraint on the knowing and reflecting faculties and higher sentiments; and those nations who should submit to it could not be considered free, or, at least, completely so."

constitution, to which the framework of government and all human legislation must conform. The citizen under government has a right to look beyond the written constitution, to that higher, nobler, and diviner work, the constitution of man. Herein lies his protection against tyranny; and he is bound to seek it, lest by rendering blind fealty to government, he may become a traitor to humanity; for "resistance to Tyrants is obedience to God."

Written constitutions are often regarded with as profound reverence, as if they were the offspring of divine inspiration. The people are taught that they are sacred and inviolable, and are exhorted to bring all laws to their high test, and to note every departure from their principles. This is well, if those constitutions are well; otherwise, not. So that the first exhortation should be to bring the written constitution to the test of the natural laws, to compare the constitution of government with the constitution of man, and see whether the former is founded upon the latter. The charter of man's rights and liberties is stamped upon his nature by the Sovereign of the universe; and to this great charter man can never surrender the right of appeal, without being a traitor to himself, and to the Creator's laws.

What, then, is the fundamental right of man as a member of civil society? I answer-The right to adapt government to the constitution of his nature.

Government must result from the consent of those who are to be bound by its laws. It cannot be thrust upon a people withholding their consent. It is a matter of public and general concern. It flows from a general want, affects the general happiness, and all are alike concerned in its just adaptation to the wants and weal of the community. There will be a ready and cheerful acquiescence in wise and just legislation. If the laws are just and equitable, mankind would do as much violence to their natures as to the laws, in rebelling against them. A just government cannot be called a "necessary evil;" it is a necessary good. A good government is as precious to all well-constituted minds, as a good nature, or virtue. Its laws are written virtue. Its aims are