I do not complain of this idea of a “social compact,” when the idea is presented merely as a justification of government, or as an explanation of the propriety, necessity and equity of Law. But when it is presented as the foundation on which civil government reposes, though it may satisfy a citizen, it ought not at all to satisfy a Christian. The truth is, there is no such “social compact.” The idea is only a fancy. Human government is not founded on any such “social compact” at all. It either exists by force, or it is founded on the will of God, in every case. Its just foundation is the will of God. And when men are submitting to human government, they are not to consider themselves as merely carrying out the implied conditions of a “social compact;” but their duty is, to consider themselves as submitting to an ordinance of their God and Maker. Human government is of a more high and sacred and solemn character, than the mere idea of a “social compact” would make it. God has something to do with it—much to do with it. His will is the solid foundation on which it rests, (even though at first it may have been established by force,) and every man is religiously bound to regulate his obedience or disobedience to human government on this divinely revealed principle. “The social compact” may be a very good idea to employ for convincing an infidel in respect to the right of Law; but it is too low and loose an idea for a Christian; it falls far below the truth, and below the just solemnity of obligation.
The necessity of human Law results very much, if not entirely, from the injustice of mankind. In no age since the fall of Adam, has any considerable body of men been found so just and upright, that civil Law could be dispensed with. The bad would do injustice to the good, if it were not for Law, and those magistrates appointed by Law, who are “a terror to evil doers.” Conscience is not effective in the breast of every sinner, and therefore Law must come in, to hinder that injustice, which, without it, would not be hindered by individual conscience, and to compel that righteousness which, without it, individual conscience would fail to enforce. As individual conscience becomes more stringent, civil Law may become more lax. If men would be just towards one another of themselves, there would be no necessity of human Law, to compel them to abstain from injury and to perform their duties to one another.
Consequently, Law is a friend to the human race. It is the protector of the good man; and it punishes the bad man, only for the purpose of securing rights,—property, liberty and life. And even the bad would be worse off a thousand fold than they are, if there were no efficient Law to restrain them by its authority and sanctions.