t of all bills of rights is to assert the rights of individuals
and the people, _as against the government_, and not as against private
persons. It would be a matter of ridiculous supererogation to assert, in
a constitution of government, the natural right of men to defend their
lives and liberties against private trespassers.
Many of these bills of rights also assert the natural right of all men
to protect their property--that is, to protect it _against the
government_. It would be unnecessary and silly indeed to assert, in a
constitution of government, the natural right of individuals to protect
their property against thieves and robbers.
The constitutions of New Hampshire and Tennessee also declare that "The
doctrine of non-resistance against arbitrary power and oppression is
absurd, slavish, and destructive of the good and happiness of mankind."
The legal effect of these constitutional recognitions of the right of
individuals to defend their property, liberties, and lives, against the
government, is to legalize resistance to all injustice and oppression,
of every name and nature whatsoever, on the part of the government.
But for this right of resistance, on the part of the people, all
governments would become tyrannical to a degree of which few people are
aware. Constitutions are utterly worthless to restrain the tyranny of
governments, unless it be understood that the people will, by force,
compel the government to keep within the constitutional limits.
Practically speaking, no government knows any limits to its power,
except the endurance of the people. But that the people are stronger
than the government, and will resist in extreme cases, our governments
would be little or nothing else than organized systems of plunder and
oppression. All, or nearly all, the advantage there is in fixing any
constitutional limits to the power of a government, is simply to give
notice to the government of the point at which it will meet with
resistance. If the people are then as good as their word, they may keep
the government within the bounds they have set for it; otherwise it will
disregard them--as is proved by the example of all our American
governments, in which the constitutions have all become obsolete, at the
moment of their adoption, for nearly or quite all purposes except the
appointment of officers, who at once become practically absolute, except
so far as they are restrained by the fear of popular resistance.
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