T 3.2.8.3

But tho' it be possible for men to maintain a small uncultivated society without government, 'tis impossible they shou'd maintain a society of any kind without justice, and the observance of those three fundamental laws concerning the stability of possession, its translation by consent, and the performance of promises. These are, therefore, antecedent to government, and are suppos'd to impose an obligation before the duty of allegiance to civil magistrates has once been thought of. Nay, I shall go farther, and assert, that government, upon its first establishment, wou'd naturally be suppos'd to derive its obligation from those laws of nature, and, in particular, from that concerning the performance of promises. When men have once perceiv'd the necessity of government to maintain peace, and execute justice, they wou'd naturally assemble together, wou'd chuse magistrates, determine their power, and promise them obedience. As a promise is suppos'd to be a bond or security already in use, and attended with a moral obligation, 'tis to be consider'd as the original sanction of government, and as the source of the first obligation to obedience. This reasoning appears so natural, that |it has become the foundation of our fashionable system of politics, and is in a manner the creed of a party amongst us, who pridevalue themselves, with reason, on the soundness of their philosophy, and their liberty of thought. All men, say they, are born free and equal: Government and superiority can only be establish'd by consent: The consent of men, in establishing government, imposes on them a new obligation, unknown to the laws of nature. Men, therefore, are bound to obey their magistrates, only because they promise it; and if they had not given their word, either expressly or tacitly, to preserve allegiance, it would never have become a part of their moral duty. This conclusion, however, when carried so far as to comprehend government in all its ages and situations, is entirely erroneous; and I maintain, that tho' the duty of allegiance be at first grafted on the obligation of promises, and be for some time supported by that obligation, yet it quicklyas soon as the advantages of government are fully known and acknowledg'd, it immediately takes root of itself, and has an original obligation and authority, independent of all contracts. This is a principle of moment, which we must examine with care and attention, before we proceed any farther.