Proper Sphere of Government: Letter XII
A brief review of the arguments that have been set forth in the foregoing letters may serve to place the general question more distinctly before the mind.
Having shown that the proposed definition of state duties was in exact accordance with the primitive requirements of society—was, in fact, theoretically derived from them, and that its derivation did not countenance the universal interference now permitted; an attempt was made to exhibit some of the chief advantages that would arise out of the restoration of our various social institutions to their original freedom from legislative control; in the course of which it was argued:
1. That all commercial restrictions have been proved, both by past and present experience, to be eminently inimical to social prosperity; that necessity is fast forcing us towards free trade, and that we must ultimately return to the perfect commercial liberty dictated by nature, from which we should never have diverged, had there been a proper limitation of state power.
2. That a national church is to be deprecated, not only as being unnecessary to the spread of religion, but as opposing, by its worldliness, corruption, and uncharitableness, a barrier to its progress; that, on the showing of its own ministers, it is totally incapable of Christianising the nation, seeing that by the vital importance they attach to a state-paid priesthood, they practically admit that they have themselves imbibed so little Christian spirit that their own ministry would cease were it not for it emoluments; and hence in so far as the definition involves the disseverment of church and state, it is advantageous.
3. That a poor law, though apparently a boon to the working classes, is in reality a burden to them; that it delays the rectification of social abuses; that it discourages the exercise of genuine benevolence; that compulsory relief is degrading alike to the giver and to the receiver; that voluntaryism is equally applicable in the practice of religion as in its ministry; and that the blessings of charity would be secured un-accompanied by the evils of pauperism were the legislature prevented from meddling.
4. That war is universally admitted to be a great evil; that it is our duty as Christians to adopt all feasible means of putting an end to it; and that restricting governments, to the fulfilment of their primitive functions, and thereby depriving them of the power of invasion, would be the most effectual means of preventing it.
5. That artificial colonisation is injurious in each of its several influences; that colonial trade has always been turned into a monopoly for the benefit of the aristocracy; that the pretended protection given to the settlers has generally proved a great curse to them; that the original possessors of the soil have ever been cruelly persecuted in state-established colonies; and that the case of Pennsylvania affords satisfactory evidence of the superiority of that voluntary, unprotected, emigration, that must follow from the recognition of the proposed principle.
6. That a national education would tend to destroy that variety and originality of mind so essential to social progress; that it would discourage improvement by annihilating healthy competition, and by placing in the way of reform the difficulties of institutional changes, in addition to the obstacles arising from natural prejudice in favour of existing modes of instruction; that we have no guarantee for its future efficiency, and have every reason to believe that it would ultimately become as corrupt as a national religion; that the mode of its support, involving as it must, the taxation of the whole community, consentients and dissentients, would be manifestly unjust; and that a constitution which necessarily excludes it, thereby commends itself to our adoption.
7. That the zealous advocacy, by certain medical men, of enactments for the preservation of the public health, arises from interested motives; that the health of the people is no more a subject for legislation than their religion; that no man can reasonably require the state to take that care of his body which he will not take himself; and that in this case as in every other, to do for the people what the Almighty has intended them to do for themselves, is infallibly to lower them in the scale of creation.
8. That by confining the attention of government to the preservation of order, and the protection of person and property, we should not only avoid the many injuries inflicted on us by its officious interferences, but should likewise secure the proper performance of its all-important, though now neglected duties.
Such are the evidences which have been adduced in favour of the theorem, that the administration of justice is the sole duty of the state. Others might be added, did it seem desirable. It is hoped, however, that those already set forth, if not of themselves sufficient to create in candid minds the conviction of its truth, will at least so far serve to exhibit its probability, as to beget for it a serious examination.
In conclusion, it will be well to remind the reader, that whatever may be the result of his deliberations upon this momentous question—whether he agrees with the arguments that have been brought forward, or dissents from them—whether he acknowledges the legitimacy of the deductions, or decides against them—one thing is certain. A definition of the duty of the state there must be. It needs no argument to prove that there is a boundary beyond which no legislative control should pass—that there are individual and social requirements whose fulfilment will be better secured by moral stimulus and voluntary exertion, than by any artificial regulations—that between the two extremes of its possible power, the everything and the nothing with which a government might be entrusted, there must be some point which both principle and policy indicate as its proper limitation. This point, this boundary, it behoves every man to fix for himself; and if he disagrees with the definition, as above expressed, consistency demands that he should make one for himself. If he wishes to avoid the imputation of political empiricism, he must ascertain the nature and intent of that national organ called the legislature, ere he seeks to prescribe its actions. Before he ventures to entertain another opinion upon what a government should do, he must first settle for himself the question—What is a government for?