Page:Sphere and Duties of Government.djvu/148

This page has been proofread, but needs to be validated.
128
SPHERE AND DUTIES OF GOVERNMENT.

For to put an end to strifes and dissensions among the citizens is the only true interest of the State; and to the promotion of this, the will of single citizens, even though they are themselves the parties injured, should never be allowed to oppose obstacles. If we suppose a community of enlightened men,—fully instructed in their truest interests, and therefore mutually well-disposed and closely united together,—we can easily imagine how voluntary contracts with a view to their security, would be entered into among them; contracts, for example, that this or that dangerous occupation or manufacture should be carried on only in certain places and at certain times, or even should be wholly prohibited. Agreements of this kind are infinitely to be preferred to any State arrangements. For as it is the very persons who enter into such contracts who are most conscious of their necessity, and feel directly the advantage or disadvantage accruing from them, it is clear that they will not be easily formed without an evident want of such agreements; that they will be far more rigidly observed, being voluntarily made; that however considerable the restrictions they entail, they will have a less hurtful influence on the character, being the results of spontaneous activity; and that, lastly, springing as they would from a certain spirit of benevolence and enlightenment, would still further contribute in their turn to increase and diffuse both. The best efforts of the State should therefore aim at bringing men into such a condition by means of freedom, that associations would arise with greater facility, and so supply the place of political regulations in these and manifold similar instances.

I have not made any mention here of such laws as impose positive duties on the citizens, or the sacrifice or performance of anything either for the State or for each other, though there are such laws everywhere among us. But, apart from that application of his powers which every citizen,