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TWO TRACTS ON CIVIL LIBERTY
TWO TRACTS ON CIVIL LIBERTY
Published by the same Author , And printed for T. Cadell , in the Strand. I. Observations on Reversionary Payments ; on Schemes for providing Annuities for Widows, and Persons in Old Age; on the Method of calculating the Values of Assurances on Lives; and on the National Debt. To which are added, Four Essays on different Subjects in the Doctrine of Life-Annuities and Political Arithmetic. Also, an Appendix, containing a complete Set of Tables; particularly four New Tables, shewing the Probabilit
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Account of the Customs for the last Six Years.
Account of the Customs for the last Six Years.
In the following tracts I have reckoned, among the destructive consequences of the war with America , the loss of a considerable part of our trade. In consequence of several accidental causes, particularly the demand created by the war, this effect has not yet been so much felt as was generally expected. The truth, however, is, that the war has operated in this way to a degree that is alarming, as will appear from the following account of the Customs for the last six years. It should be observed
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FIRST ADVERTISEMENT.
FIRST ADVERTISEMENT.
The present state of the public funds makes it necessary for me to acquaint the reader, that when the Supplement to the following Tracts was written, the 3 per cent. annuities were at the price which the calculations in it suppose, or nearly at 78. They have since fallen to 72, and once even below 69, which is a lower price than they were ever at during the whole last war, except just at the pinch of the loan of twelve millions in 1762.—The difference of price also between them and the new 4 per
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SECOND ADVERTISEMENT.
SECOND ADVERTISEMENT.
Since the foregoing Advertisement in January last, the price of the 3 per cent. annuities has fallen from 72 to 60½. But the difference of price between them and the 4 per cent. annuities created in 1777, has risen to near 18l. agreeably to the true comparative value of these annuities, as computed in page 14 of the Supplement.—It is necessary I should farther mention, that there has been a new loan of six millions for the service of the present year; but that, contrary to my hopes, the managers
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PREFACE TO The FIRST EDITION.
PREFACE TO The FIRST EDITION.
In the following Observations, I have taken that liberty of examining public measures, which, happily for this kingdom, every person in it enjoys. They contain the sentiments of a private and unconnected man; for which, should there be any thing wrong in them, he alone is answerable. After all that has been written on the dispute with America, no reader can expect to be informed, in this publication, of much that he has not before known. Perhaps, however, he may find in it some new matter; and i
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PREFACE TO The FIFTH EDITION.
PREFACE TO The FIFTH EDITION.
The favourable reception which the following Tract has met with, makes me abundant amends for the abuse it has brought upon me. I should be ill employed were I to take much notice of this abuse: But there is one circumstance attending it, which I cannot help just mentioning.—The principles on which I have argued form the foundation of every state as far as it is free; and are the same with those taught by Mr. Locke, and all the writers on Civil Liberty who have been hitherto most admired in this
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SECT. I. Of the Nature of Liberty in General.
SECT. I. Of the Nature of Liberty in General.
In order to obtain a more distinct view of the nature of Liberty as such, it will be useful to consider it under the four following general divisions. First, Physical Liberty.—Secondly, Moral Liberty.—Thirdly, Religious Liberty.—And Fourthly, Civil Liberty.—These heads comprehend all the different kinds of Liberty. And I have placed Civil Liberty last, because I mean to apply to it all I shall say of the other kinds of Liberty. By Physical Liberty I mean that principle of Spontaneity , or Self-d
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SECT. II. Of Civil Liberty and the Principles of Government.
SECT. II. Of Civil Liberty and the Principles of Government.
From what has been said it is obvious, that all civil government, as far as it can be denominated free , is the creature of the people. It originates with them. It is conducted under their direction; and has in view nothing but their happiness. All its different forms are no more than so many different modes in which they chuse to direct their affairs, and to secure the quiet enjoyment of their rights.—In every free state every man is his own Legislator. [11] —All taxes are free-gifts for public
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SECT. III. Of the Authority of one Country over another.
SECT. III. Of the Authority of one Country over another.
From the nature and principles of Civil Liberty, as they have been now explained, it is an immediate and necessary inference that no one community can have any power over the property or legislation of another community, which is not incorporated with it by a just and adequate representation.—Then only, it has been shewn, is a state free , when it is governed by its own will. But a country that is subject to the legislature of another country, in which it has no voice, and over which it has no c
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SECT. I. Of the Justice of the War with America.
SECT. I. Of the Justice of the War with America.
The enquiry, whether the war with the Colonies is a just war, will be best determined by stating the power over them, which it is the end of the war to maintain: And this cannot be better done, than in the words of an act of parliament, made on purpose to define it. That act, it is well known, declares, “That this kingdom has power, and of right ought to have power to make laws and statutes to bind the Colonies, and people of America , in all cases whatever.”—Dreadful power indeed! I defy any on
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SECT. II. Whether the War with America is justified by the Principles of the Constitution.
SECT. II. Whether the War with America is justified by the Principles of the Constitution.
I have proposed, in the next place, to examine the war with the Colonies by the principles of the constitution.—I know, that it is common to say that we are now maintaining the constitution in America . If this means that we are endeavouring to establish our own constitution of government there; it is by no means true; nor, were it true, would it be right. They have chartered governments of their own, with which they are pleased; and which, if any power on earth may change without their consent,
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SECT. III. Of the Policy if the War with America.
SECT. III. Of the Policy if the War with America.
In writing the present Section, I enter upon a subject of the last importance, on which much has been said by other writers with great force, and in the ablest manner [22] . But I am not willing to omit any topic which I think of great consequence, merely because it has already been discussed: And, with respect to this in particular, it will, I believe, be found that some of the observations on which I shall insist, have not been sufficiently attended to. The object of this war has been often en
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SECT. IV. Of the Honour of the Nation as affected by the War with America.
SECT. IV. Of the Honour of the Nation as affected by the War with America.
One of the pleas for continuing the contest with America is, “That our honour is engaged; and that we cannot now recede without the most humiliating concessions.” With respect to this, it is proper to observe, that a distinction should be made between the nation, and its rulers. It is melancholy that there should be ever any reason for making such a distinction. A government is, or ought to be, nothing but an institution for collecting and for carrying into execution the will of the people. But
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SECT. V. Of the Probability of Succeeding in the War with America.
SECT. V. Of the Probability of Succeeding in the War with America.
Let us next consider how far there is a possibility of succeeding in the present war. Our own people, being unwilling to enlist, and the attempts to procure armies of Russians , Indians , and Canadians having miscarried; the utmost force we can employ, including foreigners, does not exceed, if I am rightly informed, 40,000 effective men. This is the force that is to conquer half a million at least [41] of determined men fighting on their own ground, within sight of their houses and families, and
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CONCLUSION.
CONCLUSION.
Having said so much of the war with America, and particularly of the danger with which it threatens us, it may be expected that I should propose some method of escaping from this danger, and of restoring this once happy Empire to a state of peace and security.—Various plans of pacification have been proposed; and some of them, by persons so distinguished by their rank and merit, as to be above my applause. But till there is more of a disposition to attend to such plans; they cannot, I am afraid,
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INTRODUCTION.
INTRODUCTION.
Before the reader enters on the following tract, I shall beg leave to detain him while I give a general account of the contents of it, and make a few introductory observations. In the first part of the Observations on Civil Liberty , published last winter, I gave a brief account of the nature of Liberty in general, and of Civil Liberty in particular. That account appears to me, after carefully reconsidering it, to be just; nor do I think it in my power to improve it. In order, however, to be as
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SECT. I. Of the Nature of Civil Liberty, and the Essentials of a Free Government.
SECT. I. Of the Nature of Civil Liberty, and the Essentials of a Free Government.
With respect to Liberty in general there are two questions to be considered: First, What it is?—And Secondly, How far it is of value? There is no difficulty in answering the first of these questions.—To be Free , is “to be able to act or to forbear acting, as we think best;” or “to be masters of our own resolutions and conduct.”—It may be pretended, that it is not desirable to be thus free; but, without doubt, this it is to be free ; and this is what all mean when they say of themselves or other
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SECT. II. Of the Value of Liberty, and the Excellence of a Free Government.
SECT. II. Of the Value of Liberty, and the Excellence of a Free Government.
Having shewn in the preceding section “what Liberty is;” the next question to be considered is, “how far it is valuable.” Nothing need be said to shew the value of the three kinds of liberty which I have distinguished under the names of Physical , Moral , and Religious Liberty. They are, without doubt, the foundation of all the happiness and dignity of men, as reasonable and moral agents, and the subjects of the Deity.—It is, in like manner, true of Civil Liberty, that it is the foundation of th
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CONCLUSION.
CONCLUSION.
It is time to dismiss this subject. But I cannot take a final leave of it, (and probably of all subjects of this kind) without adding the following reflections on our own state in this kingdom. It is well known, that Montesquieu has paid the highest compliment to this country, by describing its constitution of government, in giving an account of a perfect government; and by drawing the character of its inhabitants, in giving an account of the manners and characters of a free people.—“All (he say
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SECT. I. Supplemental Observations on the Surplus of the Revenue; the Quantity of Coin in the Kingdom; and Paper-Credit.
SECT. I. Supplemental Observations on the Surplus of the Revenue; the Quantity of Coin in the Kingdom; and Paper-Credit.
It is well known, that the great minister who presides over our finances, took occasion, at opening the Budget in April last, to enter into a particular account of the state of the nation. In this account, he represented us as in a condition the most sound and happy; our trade and revenue flourishing; our common people well provided for; our debts and taxes light; our current specie sufficiently ample; our paper-circulation safe; and the Bank , in particular, as little less firm and durable than
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SECT. II. Of the State of the Nation; and the War with America.
SECT. II. Of the State of the Nation; and the War with America.
At the beginning of the preceding section, I have taken notice of the flattering account which was given, at opening the Budget in April last, of the state of the kingdom with respect to its commerce, revenue, and opulence. On that account I shall beg leave to offer the following reflections. First. The observations in the last section prove, I think, that it is not so well supported by facts, as there is reason to wish. I am sensible, indeed, that we never made a more gay and splendid appearanc
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SECT. III. Of Schemes for raising Money by Public Loans.
SECT. III. Of Schemes for raising Money by Public Loans.
The following observations were occasioned by the scheme for the public loan of last year, proposed to the House of Commons at opening the Budget , and afterwards agreed to. I have thought proper, therefore, to introduce these observations here; and, as they appear to me of some importance, I shall endeavour to explain them with as much care and perspicuity as possible. In order to raise two millions , the Legislature created last year a new capital in the 3 per cent. consolidated annuities, of
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SECT. I. Abstract of the Exports from and Imports to Great-Britain from 1697 to 1773, with Remarks.
SECT. I. Abstract of the Exports from and Imports to Great-Britain from 1697 to 1773, with Remarks.
This Abstract has been formed from the accounts delivered annually to the House of Commons , and lately published by Sir Charles Whitworth . In order to draw just inferences from it, the following particulars should be remembered.—First. The Exports in the Custom-House entries are, for reasons well-known, too high. This excess has, by some of the best judges, been reckoned at a million per ann. —Secondly. The Imports are too low, no smuggled commodities being included in them. This deficiency ha
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SECT. II. Historical Deduction and Analysis of the Public Debts.
SECT. II. Historical Deduction and Analysis of the Public Debts.
State and Amount of the National Debt , at Midsummer, 1775, with the Charges of Management. Capitals and Annuities transferable at the Bank of England . Notes containing an Explanation and History of the different Articles in the foregoing Account. Note (1)— Bank Old Capital . See Page 119 .—The Bank was established in 1694. Their original capital was 1.200,000 l. bearing 8 per cent. interest, charged on 5/7ths. of 9 d. per barrel excise, with 4000 l. per ann. for management.—In 1709, they lent
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SECT. III. Of the Debts and Resources of France.
SECT. III. Of the Debts and Resources of France.
Ministers have of late sought to remove the public apprehensions by general accounts of the weakness of powers, which, from the circumstances of former wars as well as national prejudices, have been felt by the people as jealous rivals or formidable enemies.—I wish it was possible for me to confirm these accounts; and by contrasting the preceding state of our own debts with a similar one of those of France , to shew, that from this power in particular we have nothing to fear. The following parti
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SECT. IV. Containing an Account of the National Income and Expenditure; the Surplus of the Revenue; and the Money drawn from the Public by the Taxes; with Remarks on Lord Stair’s Account.
SECT. IV. Containing an Account of the National Income and Expenditure; the Surplus of the Revenue; and the Money drawn from the Public by the Taxes; with Remarks on Lord Stair’s Account.
Appropriated Revenue at Midsummer, 1775. State of the Surplus of the Revenue for 11 years ended at 1775. Unappropriated Revenue. Produce of the Sinking Fund , reckoned to Christmas in every Year. The average of these five years is 2.655,759l. or, deducting 45,000l. (as directed in the last page), 2.610,759l. In 1775, the Sinking Fund was taken for 2.900,000l. including an extraordinary charge of 100,000l. on the Aggregate Fund; but it produced 2.917,869l. The average of six years, including 1775
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POSTSCRIPT.
POSTSCRIPT.
The following Postscript has been published only in a few of the last Editions of the Observations on Civil Liberty. It has been often referred to in the preceding work; and, therefore, it is necessary to give it a place here. Account of Public Debts discharged, Money borrowed, and Annual Interest saved from 1763 to 1775. In 1764, there was paid off 650,000 l. navy-debt; but this I have not charged, because scarcely equal to that annual increase of the navy-debt for 1764, 1765, and 1766, which f
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POSTSCRIPT.
POSTSCRIPT.
The following Postscript was published only in a few of the last Editions of the Observations on Civil Liberty . It has been often referred to in the preceding work; and therefore, it is necessary to give it a place here. Account of Public Debts discharged, Money borrowed, and Annual Interest saved from 1763 to 1775. In 1764, there was paid off 650,000l. navy-debt; but this I have not charged, because scarcely equal to that annual increase of the navy-debt for 1764, 1765, and 1766, which forms a
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Corrections and Additions.
Corrections and Additions.
In The Second Tract , ( page 120 ), after the words Lent at 4 per cent. in 1746, charged on licences for retailing spirituous liquors, and reduced to 3 per cent. by 23d of George II. 1749 , add, and consisting of old Exchequer Bills then cancelled and converted into a debt from Government to the Bank, for which the Bank was allowed to add to its capital an equal sum by 19th George II. Ch. 6 . In ( page 128 ), instead of the words, In 1751, certain Exchequer tallies and orders, amounting to 129,7
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A Summary View and Comparison of the different Schemes of Public Loans described in the Supplement.
A Summary View and Comparison of the different Schemes of Public Loans described in the Supplement.
N.B. The Sum borrowed is always supposed Five Millions ; and the Price of the 3 per cents. 78l. But all the Schemes may be accommodated to any other Price of the 3 per cents. and to Schemes for borrowing any greater or smaller Sums. [To be placed last of all, facing Page 216 .] [155] This Scheme may be altered to avoid the artificial Capital and 450,000l. Douceur (preserving nearly the same annual Charge) in the Manner directed in the 4th or 5th Scheme....
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