John Locke having defined what qualifies as a civil society in Chapter Seven. That it is not merely family groups, or master-slave relationships, but is a coming together of equals for mutual benefit and protection. He opened with this declaration which ought to be familiar to the people of New Hampshire.
“MEN being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own
consent.” (Paragraph 95).
The first half of this sentence is stated in several of the original Constitutions:
- Virginia, June 1776;
- Pennsylvania, September 1776;
- New Hampshire 1784;
- Vermont 1786.
The second half the sentence regarding consent is also included in the Constitutions of a few States:
- Maryland, November 1776;
- New York, April 1777;
- Massachusetts, 1779;
- New Hampshire 1784;
- Vermont, 1786.
New Hampshire was the first people to put the whole concept into the creation of their government in Article 1 of their Bill of Rights:
All men are born equally free and independent; Therefore, all government of right …, is founded in consent, …
Locke goes on to say that the only way people can divest themselves of their natural rights is to join with others to create a community for comfortable, safe and peaceable living and secure enjoyment of their property. This any number of people can do, and in doing so they injure no one because everyone else is free to remain in their state of nature.
In doing this, they incorporate creating one body politic in which the majority can act (create a law) and conclude for the rest (all members of the society are obligated to this law). This is stated in the Form of Government of the State of New Hampshire, Article 1: The people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent Body-Politic, or State, by the name of THE STATE OF NEW HAMPSHIRE. This form of language, of the people forming a body-politic, is only otherwise used in the Constitutions of New York (1777) and Massachusetts (1779).
Two important principles follow thereafter in Locke’s treatise. First, the power of the majority, and second, the surrender of power. Locke treats them in that order, though I think them best treated in the reverse.
When men enter into a state of civil society, they surrender that society the powers for which it was formed. This is stated quite precisely in the Constitution of the State of New Hampshire, Bill of Rights, Article 3:
When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.
If for example, a society is created to punish injustice, then that punishment is delegated to the society and cannot be exercised by the individual, except in those circumstances where the society is incompetent to intervene.
As was discussed previously. When be robbed the individuals life is threatened and due to timing and location, society cannot intervene. Similarly, if any powers are specifically retained they are reserved to the individual, We see this in Article 2, among others:
All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.; where the right of self defense is retained.
To Be Continued…