even to deal out pain for
guilt at all, but simply to protect the members of society, and _secure
the general good_. The general good is the sole and sufficient
consideration which justifies the State in taking either the life or the
liberty of its subjects.
Hence, if we would determine in any case whether society is justified in
depriving any of its members of civil freedom by law, we must first
ascertain whether the general good demands the enactment of such a law.
If it does, then such a law is just and good--as perfectly just and good
as any other law which, for the same reason or on the same ground, takes
away the life or liberty of its subjects. All this talk about the
inalienable rights of men may have a very admirable meaning, if one will
only be at the pains to search it out; but is it not evident that, when
searched to the bottom, it has just nothing at all to do with the great
question of slavery? But more of this hereafter.[141]
This great problem, as we have seen, is to be decided, not by an appeal
to the inalienable rights of men, but simply and solely by a reference
to the general good. It is to be decided, not by the aid of abstractions
alone; a little good sense and _practical sagacity_ should be allowed to
assist in its determination. There are inalienable rights, we
admit--inalienable both because the individual cannot transfer them, and
because society can never rightfully deprive any man of their enjoyment.
But life and liberty are _not_ "among these." There are inalienable
rights, we admit, but then such abstractions are the edge-tools of
political science, with which it is dangerous for either men or children
to play. They may inflict deep wounds on the cause of humanity; they can
throw no light on the great problem of slavery.
One thing seems to be clear and fixed; and that is, that the rights of
the individual are subordinate to those of the community. _An
inalienable right is a right coupled with a duty; a duty with which no
other obligation can interfere._ But, as we have seen, it is the _duty_,
and consequently, the _right_, of society to make such laws as the
general good demands. This inalienable right is conferred, and its
exercise enjoined, by the Creator and Governor of the universe. All
individual rights are subordinate to this inherent, universal, and
inalienable right. It should be observed, however, that in the exercise
of this paramount right, this supreme authority, no societ
|