OCR Text |
Show 18 LIBERTY AND SLAVERY. deplorable that a Christian jurist should, even for a moment, bave forgotten the great central light of his own system, and drawn his arguments from such an abyss of darkness? Blackstone has thus lost sight of truth, not only in regard to his general propositions, but also in regard to particular instances. " The law," says he, "which restrains a man from doing mischief to his fellow-citizens diminishes the natural liberty of mankind." Now, is this true? The doing of mischief is contrary to the law of nature, and hence, according to the definition of Blackstone himself, the perpetration of it is not an exercise of any natural right. A.s no man possesses a natural right to do mischief, so the law which forbids it does not diminish the natural liberty of mankind. The law which forbids mischief is a restraint not upon the natural liberty, but upon the natural tyranny, of man. Blackstone is by no means alone in the error to which we have alluded. By one of the clearest thinkers and most beautiful writers of the present age,* it is argued, "that as government 1mplies restraint, it is evident we give up a cer- *Robert Hall. NATURE OF CIVIL LIBERTY. 19 tain portion of our liberty by enteling into it." This argument would be valid, no doubt, if there were nothing in the world beside liberty to be restrained; but the evil passions of men, fwm which proceed so many frightful tyrannies and wrongs, are not to· be identified with their lights or liberties. As government implies restraint, it is evident that something is restrained when we enter into it; but it does not follow that this something must be our natural liberty. The argument in question proceeds on the notion that government can restrain nothing, unless it restrain the natural liberty of mankind; whereas, we have seen, the law which forbids the perpetration of mischief, or any other wrong, is a restriction, not upon the libe~·ty, but upon the tyranny, of the human will. It sets a bound and limit, not to any light conferred on us by the Author of nature, but upon the evil thoughts and deeds of which we are the sole and exclusive originators. Such a law, indeed, so far from restraining the natural liberty of man, recognises his natural rights, and secures his freedom, by protecting the weak against the injustice and oppression of the strong. The way in which these authors show that natural liberty is, and of right ought to be, |