Open main menu

Page:United States Reports, Volume 2.djvu/461

This page needs to be proofread.

Swann: Count of the United state.-. 4, gg which I make of the latter. In doing this, Ilhall have»oc· 179;. cation incidently toevinoe, how true it is, that States and Go- vvsl vernments were made for man; and, at the fame time, how true iris, that his ereonem andfenxmlr have lirll deceived, next

 and, at lah, sppyed their mgfer and ruler.

Mau, fearfully and wonderfully made, is the workmanlhip of his all perfc£tCnn·ron: A State; ufeful and valuable as ` the contnvance is, is the infirior contrivance of man; and from his native dignity derives all its acquired importance. When] fpeak of aState as an inferior contrivance, I mean that it is a contrivance inferior only to that, which is divine : Of all bumnn contrivances, it is certainly mol} tranfcendantly excellent. It is concerning this contrivance that Cicero fays fo fiiblimely, •• Nothing, which is exhibited upon our globe, is more acceptable to that divinity, which governs the whole uni- verfc, than thofe communities and affemblages of men, which, lawfully afoeiated, ar·e denominated S·rarss'”. Leta State be coalidered as fubordinateto the rsorm; : But let every thing elfe be fubordinate to the State. The luster part of this pofition is equally necclfary with the former. For . in the praélice, and even at length, in the fcience of politic! therehas very frequentlyibeen a firong current againll the natural order of things, and au inconliderate or an intercfled dilpolition to facrilice the end to the mem. As the State has claimed precedence of the people; fo, in the fame- inverted courfe of things, the Gawrrmient has often claimed precedence nf the State; and to this pcrvcrfion in the _/Second degree, many of the volumes of confulion concerning fovereignty owe their exiiienee. The minylerr, dignified very properly by the ap- _ pcllation of the mngylrater, have wiihed, and have fucceeded ` in their wiih, to be conlidcred as thef¤wrei_gr:.r of the State. This _/Emu.! degreecf pcrvcrlion is confined to the old world, and begins to diminifh even there: but thc fg} degree is flill too prevalent, even in the feveral States, of which our union is compofedl By aStatel mean, at complete body of free perfons united together for their common benefit, to enjoy peaceably what is their own, and to do jullice to othersf It is an n»·!yf.·in1 perfon. V lt has its affairs and its intcrcffs: lt has its rules: lt has its rights: And it has its obligations. It may acquire property diflinél from that of its members: It may incur debts to be difchargcd out of the public flock, not out of the private fortunes of individuals. It may be hound by contrails ; and for damages ariiing from the breach of their contraiis. ln all our contemplnions, lm·s·crer, concerning this ftigncd ' Sum. $°:·_£*. .‘ _2.