Second Treatise of Government

John Locke (1690)

Chapter 9

Of the Ends of Political Society and Government

123. IF man in the state of Nature be so free as has been said, if he be absolute lord of his own person and possessions , equal to the greatest and subject to nobody , why will he part with his freedom, this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of Nature he hath such a right, yet the enjoyment of it is very uncertain and constantly exposed to the invasion of others; for all being kings as much as he, every man his equal , and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very insecure. This makes him willing to quit this condition which, however free, is full of fears and continual dangers ; and it is not without reason that he seeks out and is willing to join in society with others who are already united , or have a mind to unite for the mutual preservation of their lives, liberties and estates, which I call by the general name — property.
124. The great and chief end, therefore, of men uniting into commonwealths, and putting themselves under government, is the preservation of their property; to which in the state of Nature there are many things wanting.

Firstly, there wants an established, settled, known law, received and allowed by common consent to be the standard of right and wrong, and the common measure to decide all controversies between them. For though the law of Nature be plain and intelligible to all rational creatures, yet men, being biased by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases.

125. Secondly, in the state of Nature there wants a known and indifferent judge, with authority to determine all differences according to the established law. For every one in that state being both judge and executioner of the law of Nature, men being partial to themselves, passion and revenge is very apt to carry them too far, and with too much heat in their own cases, as well as negligence and unconcernedness, make them too remiss in other men’s.
126. Thirdly, in the state of Nature there often wants power to back and support the sentence when right, and to give it due execution . They who by any injustice offended will seldom fail where they are able by force to make good their injustice. Such resistance many times makes the punishment dangerous, and frequently destructive to those who attempt it.
127. Thus mankind, notwithstanding all the privileges of the state of Nature, being but in an ill condition while they remain in it are quickly driven into society. Hence it comes to pass, that we seldom find any number of men live any time together in this state. The inconveniencies that they are therein exposed to by the irregular and uncertain exercise of the power every man has of punishing the transgressions of others, make them take sanctuary under the established laws of government, and therein seek the preservation of their property. It is this that makes them so willingly give up every one his single power of punishing to be exercised by such alone as shall be appointed to it amongst them, and by such rules as the community, or those authorised by them to that purpose, shall agree on. And in this we have the original right and rise of both the legislative and executive power as well as of the governments and societies themselves.
128. For in the state of Nature to omit the liberty he has of innocent delights, a man has two powers. The first is to do whatsoever he thinks fit for the preservation of himself and others within the permission of the law of Nature ; by which law, common to them all, he and all the rest of mankind are one community, make up one society distinct from all other creatures, and were it not for the corruption and viciousness of degenerate men, there would be no need of any other, no necessity that men should separate from this great and natural community , and associate into lesser combinations. The other power a man has in the state of Nature is the power to punish the crimes committed against that law . Both these he gives up when he joins in a private, if I may so call it, or particular political society, and incorporates into any commonwealth separate from the rest of mankind.
129. The first power — viz., of doing whatsoever he thought fit for the preservation of himself and the rest of mankind, he gives up to be regulated by laws made by the society, so far forth as the preservation of himself and the rest of that society shall require; which laws of the society in many things confine the liberty he had by the law of Nature.
130. Secondly, the power of punishing he wholly gives up, and engages his natural force, which he might before employ in the execution of the law of Nature, by his own single authority, as he thought fit, to assist the executive power of the society as the law thereof shall require. For being now in a new state, wherein he is to enjoy many conveniencies from the labour, assistance, and society of others in the same community, as well as protection from its whole strength, he is to part also with as much of his natural liberty, in providing for himself, as the good, prosperity, and safety of the society shall require, which is not only necessary but just, since the other members of the society do the like.
131. But though men when they enter into society give up the equality, liberty, and executive power they had in the state of Nature into the hands of the society, to be so far disposed of by the legislative as the good of the society shall require, yet it being only with an intention in every one the better to preserve himself, his liberty and property (for no rational creature can be supposed to change his condition with an intention to be worse), the power of the society or legislative constituted by them can never be supposed to extend farther than the common good, but is obliged to secure every one’s property by providing against those three defects above mentioned that made the state of Nature so unsafe and uneasy. And so, whoever has the legislative or supreme power of any commonwealth, is bound to govern by established standing laws , promulgated and known to the people, and not by extemporary decrees, by indifferent and upright judges, who are to decide controversies by those laws; and to employ the force of the community at home only in the execution of such laws, or abroad to prevent or redress foreign injuries and secure the community from inroads and invasion. And all this to be directed to no other end but the peace, safety, and public good of the people.

John Campbell, Earl of Loudoun, “Excerpt of Letter to the Duke of Cumberland” (1756)

John Campbell, Earl of Loudoun, commander of the British North American forces, arrived in New York City on July 22, 1756. Upon his arrival he was met with an unfamiliar situation—provincial soldiers under his command were challenging his authority. They held to “their rights as Englishmen” and the “contractual agreement” on which they enlisted. Loudon complained about the colonists in letters to the  Duke of Cumberland:

“The delays we meet with in carrying on the Service, from every parts of this country, are immense. They have assumed to themselves, what they call Rights and Priviledges, totaly unknown in…[England]….

[O]pposition to royal authority seems to come not from the lower People, but from the leading People, who raise the dispute…by defending their Liberties, as they call them… I know it has been said in London, that this is not the time [to change how the colonies are governed]; [but] if You delay it …You will not have a force to Exert any British Acts of Parliament here, for …it is not uncommon, for the People of this Country to say, they would be glad to see any Man, that dare exert a British Act of Parliament here.”

“Another Race of White Men Come Amongst Us” : Native American Views as British Replace the French in the Lower Mississippi Valley, 1765

Because most early-eighteenth century European colonization occurred in coastal areas, Native Americans living in interior regions maintained greater control over their lands and culture. In the lower Mississippi Valley (as in the Great Lakes region), the contest between European imperial rivals for control of North America strengthened the natives’ hand. No group—European or Indian—held sovereign power, and diplomatic, military, trading, and social exchanges continued for much of the eighteenth century. But the treaties that concluded the Seven Years’ War and ended French colonization of North America changed that situation. The lower Mississippi valley was partitioned between the British colony of West Florida and the Spanish colony of Louisiana. Native occupants perceived the dramatic consequences as Alibamon Mingo, elderly leader of the Choctaw nation, indicated in his meetings with the British in Mobile in 1765. Mingo remembered the French fondly and spoke of his expectations of fair trade and just treatment from the British.

When I was Young the White Men came amongst us bearing abundance along with them, I took them by the hand & have ever remained firm to my Engagements, in return all my wants & those of my Warriors & Wives & Children have been Bountyfully Supplied. I now See another Race of White Men Come amongst us bearing the Same abundance, & I expect they will be equally Bountyfull which must be done if they wish equally to gain the affection of my people.

I and my Men have used the Guns of France these Eighty Winters Back, I wish I was Young to try the English Guns & English Powder both of which I hope will flourish & rejoice the Heart of the Hunters thro’ the Land and Cover the Nakedness of the Women.

With respect to the Land I was not Consulted in it, if I was to deliver my Sentiments evil disposed People might impute it to Motives very different from those which actuate me, it is true the Land belonged chiefly to those who have given it away; that the Words which were Spoken have been written with a Lasting Mark, the Superintendant marks every word after word as one would count Bullets so that no variation can happen, & therefore the words have been Spoken and the eternal marks traced I will not Say anything to contradict, but, on the Contrary Confirm the Cession which has been made. What I have now to Say on that head is, to wish that all the Land may be Settled in four years that I may See it myself before I die.

I Listned to all the parts of the Talks and Liked them exceeding well, except that part from the Superintendant, where he reported that those Medal Chiefs who did not behave well Should be broke & their Medals given to others. The Conversation I have held with Faver, in private, has rung every Night in my Ear, as I laid my Head on the bear Skin & as I have many Enemies in the Nation, I dreamed I should be the Person, which would break my heart in my Old Age, to Loose the Authority I have so long held.

I cannot Immagine the Great King could Send the Superintendant to deceive us. In case we deliver up our French Medals & Commissions we expect to receive as good in their place, and that we Should bear the Same Authority & be entitled to the Same presents, If you wish to Serve your Old Friends you may give New Medals & Commissions & presents, but the worthy cannot bear to be disgraced without a fault , Neither will the Generous Inflict a Punishment without a Crime.

There was one thing I would mention tho’ it cannot concern myself, & that is the Behaviour of the traders towards our Women, I was told of old by the Creeks & Cherokees, w herever the English went they caused disturbances for they lived under no Government and paid no respect either to Wisdom or Station. I hoped for better things, that those Old Talks had no truth in them. One thing I must report which has happened within my own knowledge, that often when the Traders sent for a Basket of Bread & the Generous Indian sent his own wife to Supply their wants instead of taking the Bread out of the Basket they put their hand upon the Breast of their Wives which was not to be admitted, for the first maxim in our Language is that Death is preferable to disgrace.

I am not of opinion that in giving Land to the English, we deprive ourselves of the use of it, on the Contrary, I think we shall share it with them, as for Example the House I now Speak in was built by the White people on our Land yet it is divided between the White & the Red people. Therefore we need not be uneasy that the English Settle upon our Lands as by that means they can more easily Supply our wants.

Source: Mississippi Dept. of Archives and History, Mississippi Provincial Archives: English Dominion , compiled and edited by Dunbar Rowland (Nashville, Tenn: Brandon Printing Co., 1911), 240–41.