Thursday 21 June 2018
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1791 - James Wilson, Of Government, The Legislative Department, Of Citizens and Aliens, Lectures on Law

Habits contracted before the late revolution of the United States, operate, in the same manner, since that time, though very material alterations may have taken place in the objects of their operations.

Before that period, the executive and the judicial powers of government were placed neither in the people, nor in those, who professed to receive them under the authority of the people. They were derived from a different and a foreign source: they were regulated by foreign maxims: they were directed to foreign purposes. Need we be surprised, that they were objects of aversion and distrust? Need we be surprised, that every occasion was seized for lessening their influence, and weakening their energy? On the other hand, our assemblies were chosen by ourselves: they were the guardians of our rights, the objects of our confidence, and the anchor of our political hopes. Every power, which could be placed in them, was thought to be safely placed: every extension of that power was considered as an extension of our own security.

At the revolution, the same fond predilection, and the same jealous dislike, existed and prevailed. The executive and the judicial as well as the legislative authority was now the child of the people; but, to the two former, the people behaved like stepmothers. The legislature was still discriminated by excessive partiality; and into its lap, every good and precious gift was profusely thrown.

Even at this time, people can scarcely devest themselves of those opposite prepossessions: they still hold, when, perhaps, they perceive it not, the language, which expresses them. In observations on this subject, we hear the legislature mentioned as the people's representatives. The distinction, intimated by concealed implication, though probably, not avowed upon reflection, is, that the executive and judicial powers are not connected with the people by a relation so strong, or near, or dear.

But it is high time that we should chastise our prejudices; and that we should look upon the different parts of government with a just and impartial eye. The executive and judicial powers are now drawn from the same source, are now animated by the same principles, and are now directed to the same ends, with the legislative authority: they who execute, and they who administer the laws, are as much the servants, and therefore as much the friends of the people, as they who make them. The character, and interest, and glory of the two former are as intimately and as necessarily connected with the happiness and prosperity of the people, as the character, and interest, and glory of the latter are. Besides, the execution of the law, and the administration of justice under the law, bring it home to the fortunes, and farms, and houses, and business of the people. Ought the executive or the judicial magistrates, then, to be considered as foreigners? ought they to be treated with a chilling indifference?


The pyramid of government--and a republican government may well receive that beautiful and solid form--should be raised to a dignified altitude: but its foundations must, of consequence, be broad, and strong, and deep. The authority, the interests, and the affections of the people at large are the only foundation, on which a superstructure, proposed to be at once durable and magnificent, can be rationally erected.

Representation is the chain of communication between the people and those, to whom they have committed the exercise of the powers of government. If the materials, which form this chain, are sound and strong, it is unnecessary to be solicitous about the very high degree, to which they are polished. But in order to impart to them the true republican lustre, I know no means more effectual, than to invite and admit the freemen to the right of suffrage, and to enhance, as much as possible, the value of that right. Its value cannot, in truth, be enhanced too highly. It is a right of the greatest import, and of the most improving efficacy. It is a right to choose those, who shall be intrusted with the authority and with the confidence of the people: and who may employ that authority and that confidence for the noblest interests of the commonwealth, without the apprehension of disappointment or control.

This surely must have a powerful tendency to open, to enlighten, to enlarge, and to exalt the mind. I cannot, with sufficient energy, express my own conceptions of the value and the dignity of this right. In real majesty, an independent and unbiassed elector stands superiour to princes, addressed by the proudest titles, attended by the most magnificent retinues, and decorated with the most splendid regalia. Their sovereignty is only derivative, like the pale light of the moon: his is original, like the beaming splendour of the sun.

The benign influences, flowing from the possession and exercise of this right, deserve to be clearly and fully pointed out. I wish it was in my power to do complete justice to the important subject. Hitherto those benign influences have been little understood; they have been less valued; they have been still less experienced. This part of the knowledge and practice of government is yet, as has been observed, in its childhood. Let us, however, nurse and nourish it. In due time, it will repay our care and our labour; for, in due time, it will grow to the strength and stature of a full and perfect man.

The man, who enjoys the right of suffrage, on the extensive scale which is marked by our constitutions, will naturally turn his thoughts to the contemplation of publick men and publick measures. The inquiries he will make, the information he will receive, and his own reflections on both, will afford a beneficial and amusing employment to his mind. I am far from insinuating, that every citizen should be an enthusiast in politicks, or that the interests of himself, his family, and those who depend on him for their comfortable situation in life, should be absorbed in Quixote speculations about the management or the reformation of the state. But there is surely a golden mean in things; and there can be no real incompatibility between the discharge of one's publick, and that of his private duty. Let private industry receive the warmest encouragement; for it is the basis of publick happiness. But must the bow of honest industry be always bent? At no moment shall a little relaxation be allowed? That relaxation, if properly directed, may prove to be instructive as well as agreeable. It may consist in reading a newspaper, or in conversing with a fellow citizen. May not the newspaper convey some interesting intelligence, or contain some useful essay? May not the conversation take a pleasing and an improving turn? Many hours, I believe, are every where spent, in talking about the unimportant occurrences of the day, or in the neighbourhood; and, perhaps, the frailties or the imperfections of a neighbour form, too often, one of the sweet but poisoned ingredients of the discourse. Would it be any great detriment to society or to individuals, if other characters, and with different views, were more frequently brought upon the carpet?

Under our constitutions, a number of important appointments must be made at every election. To make them is, indeed, the business only of a day. But it ought to be the business of much more than a day, to be prepared for making them well. When a citizen elects to office--let me repeat it--he performs an act of the first political consequence. He should be employed, on every convenient occasion, in making researches after proper persons for filling the different departments of power; in discussing, with his neighbours and fellow citizens, the qualities, which ought to be possessed by those, who enjoy places of publick trust; and in acquiring information, with the spirit of manly candour, concerning the manners and characters of those, who are likely to be candidates for the publick choice.

A habit of conversing and reflecting on these subjects, and of governing his actions by the result of his deliberations, would produce, in the mind of the citizen, a uniform, a strong, and a lively sensibility to the interests of his country. The same causes will effectuate a warm and enlightened attachment to those, who are best fitted, and best disposed, to support and promote those interests. By these means and in this manner, pure and genuine patriotism, that kind, which consists in liberal investigation and disinterested conduct, is produced, cherished, and strengthened in the mind: by these means and in this manner, the warm and generous emotion glows and is reflected from breast to breast.

Investigations of this nature are useful and improving, not to their authors only; they are so to their objects likewise. The love of honest and well earned fame is deeply rooted in honest and susceptible minds. Can there be a stronger incentive to the operations of this passion, than the hope of becoming the object of well founded and distinguishing applause? Can there be a more complete gratification of this passion, than the satisfaction of knowing that this applause is given--that it is given upon the most honourable principles, and acquired by the most honourable pursuits? To souls truly ingenuous, indiscriminate praise, misplaced praise, flattering praise, interested praise have no bewitching charms. But when publick approbation is the result of publick discernment, it must be highly pleasing to those who give, and to those who receive it.

If the foregoing remarks and deductions be just; and I believe they are so; the right of suffrage, properly understood, properly valued, and properly exercised, in a free and well constituted government, is an abundant source of the most rational, the most improving, and the most endearing connexion among the citizens.


When a man acts as one of the numerous party to the agreements, of which I have taken notice; it is his right, according to the tenour of his agreements, to govern; he is one of the people. When he acts as the single party to that agreement, which he has made with all the other members of the society; it is his duty, according to the tenour of his agreement, to obey; he is a single citizen. Of this agreement, indeed, it is impossible to ascertain all the articles. From the most obvious deduction of reason, however, one article may be specified, beyond all possibility of doubt. This article, of prime importance, is--that to the publick will of the society, the private will of every associated member must, in matters respecting the social union, be subordinate and submissive. The publick will of the society is declared by the laws. Obedience, therefore--civil obedience--obedience to the laws and to the administration of the laws--this is a distinguishing feature in the countenance of a citizen, when he is seen from this point of view.

That men ought to be governed, seems to have been agreed on all hands: the reason is, that, without government, they could never attain any high or permanent share of perfection or happiness. But the question has been--by whom should they be governed? And this has been made a question, by reason of two others--by whom can they be governed?--are they capable of governing themselves?

To this last question, Mr. Burke, in the spirit of his late creed, has answered in the negative. "Society," says he, "requires not only that the passions of individuals should be subjected, but that even in the mass and body as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves." This negative answer has been, from time immemorial, the strong hold of tyranny: and if this negative answer be the true one, the strong hold of tyranny is, in fact, impregnable to all the artillery of freedom. If men should be governed; and if they cannot govern themselves; what is the consequence? They must be governed by other masters.

An opinion, however, has, by some, been entertained, that the question, which I last mentioned, may receive an answer in the affirmative. Men, it has been thought, are capable of governing themselves. In the United States, this opinion, which heretofore rested chiefly on theory, has lately been put in a train of fair practical experiment. That this experiment, to human happiness so interesting, may be crowned with abundant and glorious success, is, of all things in this world, the "consummation most devoutly to be wished."

But to its glorious and abundant success, the obedience of the citizens is of a necessity, absolute and supreme. The question, which has been proposed--the question, in the negative answer to which, tyranny has triumphed so long and so generally--the question, concerning which philosophers and patriots have indulged, and been pleased with indulging, a contrary sentiment--the question, which, in the United States, is now put upon an experiment--this all-important question is--not merely nor chiefly--are men capable of governing? Of this, even tyrants will admit the affirmative; and will point to themselves as living proofs of its truth. But the question is--are men capable of governing themselves? In other words; are they qualified--and are they disposed to be their own masters? For a moral as well as an intellectual capability is involved in the question. In still other words; are they qualified--and are they disposed to obey themselves? For to government, the correlative inseparable is obedience. To think, to speak, or to act, as if the former may be exercised, and, at the same time, the latter may not be performed, is to think, to speak, or to act, in a manner the most contradictory and absurd.