"Colony,"—or "Free State"? "Dependence,"—or "Just Connection"? - An Essay Based on the Political Philosophy of the American - Revolution, as Summarized in the Declaration of - Independence, towards the Ascertainment of the Nature of - the Political Relati by Alpheus H. Snow
page 25 of 86 (29%)
page 25 of 86 (29%)
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The Declaration denies even to all the people of a free state the right to change their government when and how they will, and according to mere public sentiment, regardless of its justness. Their right "to alter or abolish" a "form of government" is declared to exist, according to the law of nature and of nations, only when that form of government "becomes destructive of these ends," that is, when a government, instead of securing the unalienable rights of the individuals governed, attempts to destroy these rights. Moreover, it is declared that when the people alter or abolish one form of government, their right of establishing a new government is not absolute, but is limited, according to the law of nature and of nations, so that in establishing a new form of government they are obliged to "lay its foundation on such principles and organize its powers in such form, as to them shall seem most likely to effect their safety and happiness,"--that is, to secure the unalienable rights of the individual to life, liberty and the pursuit of happiness. This limitation upon the powers of even the whole people of a state necessarily results from the fact that the law of nature and of nations is universal and governs so completely every human act and relationship that no act can be done and no relationship formed which violates the unalienable rights of any individual. How the law of nature and of nations is to be enforced, the Declaration does not say. Apparently the obligation to enforce it rests upon every individual, every community, every body corporate, every state and every nation, and the ultimate force which compels its application is the just public sentiment of the world, or, as Rivier called it, "the common juridical conscience." The declaration of the universal right of free statehood is not only |
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