Government can have no more than two legitimate purposes, the suppression of injustice against individuals within the community, and the common defence against external invasion. The first of these purposes, which alone can have an uninterrupted claim upon us, is sufficiently answered by an association, of such an extent, as to afford room for the institution of a jury to decide upon the offences of individuals within the community, and upon the questions and controversies respecting property which may chance to arise. It might be easy indeed for an offender to escape from the limits of so petty a jurisdiction; and it might seem necessary, at first, that the neighbouring parishes, or jurisdictions, should be governed in a similar manner, or at least should be willing, whatever was their form of government, to co-operate with us in the removal or reformation of an offender whose present habits were alike injurious to us and to them. But there will be no need of any express compact, and still less of any common centre of authority, for this purpose. General justice, and mutual interest, are found more capable of binding men than signatures and seals. In the meantime, all necessity for causing the punishment of the crime, to pursue the criminal would soon, at least, cease, if it ever existed. The motives to offence would become rare: its aggravations few: and rigour superfluous. The principal object of punishment is restraint upon a dangerous member of the community;Chapter nd the end of this restraint would be answered by the general inspection that is exercised by the members of a limited circle over the conduct of each other, and by the gravity and good sense that would characterize the censures of men, from whom all mystery and empiricism were banished. No individual would be hardy enough in the cause of vice to defy the general consent of sober judgement that would surround him. It would carry despair to his mind, or, which is better, it would carry conviction. He would be obliged, by a force not less irresistible than whips and chains, to reform his conduct.
In this sketch is contained the rude outline of political government.
Controversies between parish and parish would be, in an eminent degree, unreasonable, since, if any question arose, about limits, for example, the obvious principles of convenience could scarcely fail to teach us to what district any portion of land should belong. No association of men, so long as they adhered to the principles of reason, could possibly have an interest in extending their territory. If we would produce attachment in our associates, we can adopt no surer method than that of practising the dictates,of equity and moderation; and, if this failed in any instance, it could only fail with him who, to whatever society he belonged, would prove an unworthy member. The duty of any society to punish offenders is not dependent upon the hypothetical consent of the offender to be punished, but upon the duty of necessary defence.
But however irrational might be the controversy of parish with parish in such a state of society, it would not be the less possible. For such extraordinary emergencies therefore, provision ought to be made. These emergencies are similar in their nature to those of foreign invasion. They can only be provided against by the concert of several district declaring and, if needful, enforcing the dictates of justice.
One of the most obvious remarks that suggests itself, upon these two cases, of hostility between district and district, and of foreign invasion which the interest of all calls upon them jointly to repel, is that it is their nature to be only of occasional recurrence, and that therefore the provisions to be made respecting them need not be, in the strictest sense, of perpetual operation. In other words, the permanence of a national assembly, as it has hitherto been practised in France, cannot be necessary in a period of tranquillity, and may perhaps be pernicious. That we may form a more accurate judgement of this, let us recollect some of the principal features that enter into the constitution of a national assembly.
