duties, which, as we are able perfectly to comprehend,
we are bound indispensably to perform. Parents
may not be consenting to their moral relation; but,
consenting or not, they are bound to a long train
of burdensome duties towards those with whom they
have never made a convention of any sort. Children
are not consenting to their relation; but their relation,
without their actual consent, binds them to its duties,—or
rather it implies their consent, because the presumed
consent of every rational creature is in unison with
the predisposed order of things. Men come in
that manner into a community with the social state
of their parents, endowed with all the benefits, loaded
with all the duties of their situation. If the
social ties and ligaments, spun out of those physical
relations which are the elements of the commonwealth,
in most cases begin, and always continue, independently
of our will, so, without any stipulation on our own
part, are we bound by that relation called our country,
which comprehends (as it has been well said) “all
the charities of all."[21] Nor are we left without
powerful instincts to make this duty as dear and grateful
to us as it is awful and coercive. Our country
is not a thing of mere physical locality. It
consists, in a great measure, in the ancient order
into which we are born. We may have the same
geographical situation, but another country; as we
may have the same country in another soil. The
place that determines our duty to our country is a
social, civil relation.
These are the opinions of the author whose cause I
defend. I lay them down, not to enforce them
upon others by disputation, but as an account of his
proceedings. On them he acts; and from them he
is convinced that neither he, nor any man, or number
of men, have a right (except what necessity, which
is out of and above all rule, rather imposes than
bestows) to free themselves from that primary engagement
into which every man born into a community as much
contracts by his being born into it as he contracts
an obligation to certain parents by his having been
derived from their bodies. The place of every
man determines his duty. If you ask, Quem
te Deus esse jussit? you will be answered when
you resolve this other question, Humana qua parte
locatus es in re?[22]
I admit, indeed, that in morals, as in all things
else, difficulties will sometimes occur. Duties
will sometimes cross one another. Then questions
will arise, which of them is to be placed in subordination?
which of them may be entirely superseded? These
doubts give rise to that part of moral science called
casuistry, which though necessary to be well
studied by those who would become expert in that learning,
who aim at becoming what I think Cicero somewhere
calls artifices officiorum, it requires a very
solid and discriminating judgment, great modesty and
caution, and much sobriety of mind in the handling;
else there is a danger that it may totally subvert