p.

8

The general proposition then that all men are born free,
is the reverse of the truth, for no person is born free, in the
general acceptation of the word free.

In what sense then are men born equal? Is it true that
all men are furnished with equal force of constitution, or
physical strength? Is it true that all men are endowed by
the Creator with equal intellectual powers? No person
will contend for an affirmative answer to these questions.
Men are not formed with equal powers of body or mind;
and if they were, the race would be an exception from all
other works of the Creator, in which a prominent feature is
diversities without end, even in the same genus and spe-
cies.

Equally indefinite is the proposition that all men are en-
titled to the enjoyment of life and liberty. They are enti-
tled to life, unless it has been forfeited; but even life is to
be enjoyed, upon the conditions prescribed by law, for the
enjoyment of life must be in consistency only with the pub-
lic safety. The enjoyment of liberty is subject to a like
restriction. No society can exist without restricting the
liberty of every member by the laws or will of the commu-
nity; for it is a first principle of the social state, that every
member must so use his own liberty, as not to injure or im-
pair the rights of another.

It would seem then to be clearly proved that the general
principles assumed by the framers of our government, are
too indefinite to be the basis of constitutional provision.
The natural freedom of men must be restrained by regu-
lations which are essential to the public safety, and to that of
every individual. This freedom is civil liberty, that is, the