invento & divino & humano jure moenibus sepserunt.  Atque inter hanc vitam, perpolitam humanitate, & llam immanem, nihil tam interest quam jus atque vis.  Horum utro uti nolimus, altero est utendum.  Vim volumus extingui.  Jus valeat necesse est, idi est, judicia, quibus omne jus continetur.  Judicia displicent, ant nulla sunt.  Vis dominetur necesse est.  Haec vident omnes.’  Pro Sext. sec. 42.]

Whether such a condition of human nature could ever exist, or if it did, could continue so long as to merit the appellation of a state, may justly be doubted.  Men are necessarily born in a family-society, at least; and are trained up by their parents to some rule of conduct and behaviour.  But this must be admitted, that, if such a state of mutual war and violence was ever real, the suspension of all laws of justice, from their absolute inutility, is a necessary and infallible consequence.

The more we vary our views of human life, and the newer and more unusual the lights are in which we survey it, the more shall we be convinced, that the origin here assigned for the virtue of justice is real and satisfactory.

Were there a species of creatures intermingled with men, which, though rational, were possessed of such inferior strength, both of body and mind, that they were incapable of all resistance, and could never, upon the highest provocation, make us feel the effects of their resentment; the necessary consequence, I think, is that we should be bound by the laws of humanity to give gentle usage to these creatures, but should not, properly speaking, lie under any restraint of justice with regard to them, nor could they possess any right or property, exclusive of such arbitrary lords.  Our intercourse with them could not be called society, which supposes a degree of equality; but absolute command on the one side, and servile obedience on the other.  Whatever we covet, they must instantly resign:  Our permission is the only tenure, by which they hold their possessions:  Our compassion and kindness the only check, by which they curb our lawless will:  And as no inconvenience ever results from the exercise of a power, so firmly established in nature, the restraints of justice and property, being totally useless, would never have place in so unequal a confederacy.

This is plainly the situation of men, with regard to animals; and how far these may be said to possess reason, I leave it to others to determine.  The great superiority of civilized Europeans above barbarous Indians, tempted us to imagine ourselves on the same footing with regard to them, and made us throw off all restraints of justice, and even of humanity, in our treatment of them.  In many nations, the female sex are reduced to like slavery, and are rendered incapable of all property, in opposition to their lordly masters.  But though the males, when united, have in all countries bodily force sufficient to maintain this severe tyranny, yet such are the insinuation, address, and charms of their fair companions, that women are commonly able to break the confederacy, and share with the other sex in all the rights and privileges of society.