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Some found and in health, till these Doctors came to them, Felt fymptoms within, very like to undo them;

And others, by fympathy catching his madness,

Swore that Reason was flavish confinement and madness. Derry down,

c.

Oh! Britain, beware of this dreadful diforder,
Which rages they fay in a neighbouring border;
Nor e'er, to be reckon'd more free or more wife,
Plunge your Head in the Kennel, and fpurn at the skies.
Derry down, &c.

LIBERTY AND PROPERTY

PRESERVED AGAINST

REPUBLICANS AND LEVELLERS.

A COLLECTION OF TRACTS.

NUMBER IX.

CONTAINING

A Caution against the Levellers-The Rights of Man Hints to the People of England.

Printed and Sold by J. DOWNES, No. 240, Strand, near Temple-Bar; where the Bookfellers in Town and Country may be ferved with any quantity.

PRICE ONE PENNY.

THE

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HE Levellers are still ufing every art to excite the people against the Government, and particularly by working upon their paffions, and especially upon the pride and vanity which all men have in a greater or lefs degree. They talk much of the National Will, and endeavour to perfuade every man of his own perfonal importance, as having a right to bear a part in this National Will; and they tell people, " that the expreffion of the National Will, "fairly collected, conftitutes an authority to which all 56 ought to yield obedience."

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This has been the very language by which the people of France have been fo grofsly led aftray, and involved in miferies of which we cannot fee the end. In that country the property, the liberty, the lives of all, are at the mercy of this National Will;" or, in other words, of " the ❝ leaders of a few hired ruffians at Paris."

For, what is meant by "the National Will?" Is it the will of all the people in the country? If it is, there can be no fubmiffion to it. If all are of one mind, all will agree. No man can be faid to fubmit to what he himself defires. It can be no duty for a man to do what he pleases. The Levellers therefore mean fomething elfe by the National Will; and they have fairly told us, that they mean the will of the majority; and they boldly affert, that in all cafes, the majority has a right to govern the minority.--- The majority, indeed, may have the power to rule the minority; as, if four men are travelling together, and three of them determine to rób and murder the fourth, it is moft probable they will be able to do it, if no other perfon fhall interfere. But have these three wretches a right to rob and murder their companion, because they have the power to do it? And let us examine a little what is the right of the majority of a nation to govern, or, according to the French practice, to rob and murder the minority.

What is a nation ?---It is a number of people who have fubmitted to one Government for their mutual benefit, and particularly to enable them to enjoy in fafety the advantages which the country in which they happen to live, and their own acquifitions and industry, will afford them. It is a fort of partnership; and in England the partnership is at least of a thoufand years ftanding. In a partnership, the articles of partnership decide in what manner the partnerfhip fhall be conducted. By consent of all the partners the articles may be changed; but if there are five partners, three cannot change the articles without the confent of the other two. If the partnership is for a term of years, they muft all abide by the articles during the term. If it is for no term, the three partners, or two, or one, may diffolve the partnership, break up the bufinefs, and each man take his own fhare of the capital to himself; but as long as the partnership fhall continue, all muft abide by the articles, unlefs all fhall confent to alter the articles; the majority cannot alter them. It may be faid, this is a mere rule of municipal law; but it is the law of every

every country, because it is the rule which reafon dictate; in all mutual engagements.

What is the difference in this refpe&t between partnerfhips and governments? Suppofe five hundred men and five hundred women, of different countries in Europe, w re to agree to go to fome diftant uninhabited ifland and fettle there, and make a new nation; they must have “fome' articles for their government during their voyage, upon their landing, and after they had taken poffeffion of the country, and allotted the feveral parts to public and pri vate purposes; and they would probably fettle thofe articles before they fet out upon their voyage. A majority might by force compel the minority to fubmit to any alte rations in the articles; but they would have no right se to do; for the articles were the terms upon the faith of which they all engaged in their perilous undertaking, and therefore all would have a right to due obfervance of the articles. And fuch articles, for the fame reafon, never could be rightfully diffolved, except by mutual confent. A nation cannot, as partners in a trade may do, break up the bufinefs, and give each man his share of the capital. When once united in a nation, in one country, they are something like man and wife; they must take one another for better for worse, and if they jangle and quarrel, they will lead a life of mifery.

A due regard to felf-prefervation, indeed, may compel men, in fome extraordinary cafes, to do what they otherwife could not justify. The common inftance put is that of a fhipwreck, when two men have feized the fame plank, which cannot bear the weight of both. It is faid that either may push off the other to fave himfelf; but we fhudder at the thought, though compelled to admit that it is juft; and we must deplore the misfortune of a man reduced to the neceffity of deftroying an innocent fellowcreature to fave his own life. We cannot, however, think he would be juftified if he pushed his companion into the fea, merely that he might place himfelf more commodioufly; and ftill lefs would he be justified, if he acted out of caprice, or only because he was the ftrongeft. In the cafe before fuppofed, of people forming a Government in a defert ifland, upon the ground of articles entered into be fore they engaged in their expedition, it might happen that thofe articles were fo foolishly framed, that the Govern ment could not go on, which was nearly the cafe with the A 2

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firft Federal Conftitution formed by the Union of the Ame rican States after their Independency was established by the peace of 1783 and in fuch cafe undoubtedly the articles muft of neceffity be altered; and if the articles contained no previfion for the purpofe, and fome obftinate or abfurd men would not agree to the neceffary alterations, the reft perhaps must compel them by force, on the principle of felf-prefervation. But certainly the majority ought to be fure that there exifted a neceffity for altering the articles before they attempted to make the alteration by force; otherwife they could not juftify their act by any principles by which right can be diftinguished from wrong. In America the alte. ation of their firft Federal Government was made by confent. All were fenfible of its imperfection, though they differed in opinion with refpect to propofed alterations. To prevent the confufion which must have followed an attempt to change it by force, they agreed that the opinion of nine States out of thirteen fhould bind the reft; and confiderable alterations were made accordingly, which were found upon reflection to be wife, and were at length voluntarily adopted by all the thirteen States.

As long therefore as any Government continues (and it must continue until diffolved by confent of all, or by force), all ought to abide by the articles upon which the Government has been efstablished, unless altered by mutual confent, except in a cafe of abfolute neceffity, when due regard to felf-prefervation may fuperfede all other confiderations. If all fhall agree to alter the articles, if all fhall agree to diffolve the Government, they may do fo.. But this cannot be at the mere will of a majority. A majority may by force compel the minority to fubmit to any change; but the queftion is, what is the right, not what is the power of the mag jority.

If the majority of a nation can, by their mere will, juftly take from the reft the form of Government to which they have been used, why cannot the majority as juftly take from them their lands and their goods, and all their property?--For what is property? It is a right which the Government of a country gives to each man to enjoy certain things in a certain way. If the majority have a right to deftroy the Government, which gives the right of property, they have a right alfo to take away the property itfelf, which is only a confequence of Government. And in truth, the form of Government under which a man is born is his property;

and

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