which that destiny is to be accomplished; 2. That it is their common right to use these means without let or hinderance for the accomplishment of that destiny. And as all are to unfold and perfect, if at all, under the divine government by obedience to the same laws, all have a natural and unalienable right to be permitted to obey those laws, physically, intellectually, morally and religiously.

$15. From these considerations it follows, that all men are created equal; equal in coming from the hand of the same Creator; equal in being possessed of the same natures, physical, intellectual, social, moral and religious; equal in having before them the same destiny to seek, to wit, the perfection of each of these natures; equal in deriving with their existence, from the hand of their Creator, the right to use the means provided for all for the unfoldment and perfection of these natures.

S 16. The natural equality of all men does not imply that all have the same advantages which depend upon adventitious circumstances. Under the divine government, the constitution of the son is derived through the constitution of the sire; and the effect not unfrequently extends to the third and fourth generations, called in the decalogue, "visiting the iniquities of the fathers upon the children." This must be so under that government by which individualization is carried forward. It is in obedience to that law by which the individual can progress from the less perfect to the more perfect. If the sire could not transmit his infirmities, he could not transmit his excellencies to his child. The susceptibility to improvement implies the susceptibility to retrogression, which is simply susceptibility to change of condition.1

1 Under the divine government, the laws of generation seem to be uniform, which are, that the offspring shall be begotten into the likeness of the parent; that is, every element, attribute and faculty of the parent is imparted to the offspring. This principle is manifest in the production of individuality in the several kingdoms.

The child necessarily derives its vital and mental constitution through its parents, and especially its mother. When there are no influences to compel a deviation, its vital and spiritual constitution must be in harmony with that of

S17. The doctrine of the natural equality of all men implies, that, however weak, feeble or imperfect may be the physical constitution of the individual at birth, there are natural means by which it may be improved; and the individual has the natural right to the use of those means for its improvement and perfection. The same implication is to be made also in respect to the intellectual, social, moral and religious constitution of the individual. He has a natural right to the use of all his powers and faculties to improve his condition, and to seek a perfect destiny. If they are naturally weak owing to unfavorable conditions attending parentage and infancy, so much greater the necessity that he enjoy all the means at hand, and that he be permitted to exercise all the faculties and powers with which he has been endowed to seek his better condition and higher destiny. The doctrine is, that, however unequal the advantages at the commencement of the race, each has an equal right to use the means God has given him, to win the prize.1

the mother; for, during the period of gestation, no influence can reach the infant except through her. Hence, ordinarily, the new-born infant is a record of the influences controlling the mother during the period of gestation. When the influence is of a marked character, it is recognized by ordinary observers. Such are instances termed "marking children." In families the differences which characterize children of the same parents, may be accounted for by the difference of condition in parents, and of influencing circumstances attending the respective periods of the generation, gestation and birth of their children. This susceptibility to influences affecting the character of the offspring is incident to the law of progress. All individualities are produced under general and special conditions and relations to outward influences. General conditions and relations mark their general character; and special conditions and relations mark their specific character. Thus arise classes, orders, genera, species and varieties of individuals in the several kingdoms, each gradually. advancing toward perfect individuality. From the lowest to the highest these advancing forms can be traced, perfecting in individuality at every step. Along the mighty chain, connecting the lowest with the highest, no link is absent; the chain is unbroken. Each individuality is developed under conditions peculiarly its own, and advances only with advancing conditions. It follows, necessarily, that in respect to physical and mental constitution, in respect to specific endowments, those only can be born equal who are equal in all these accidents of parentage, ante-natal and natal conditions and influences. But these only affect state and degree of endowment, which are not counted in the scale of natural rights. They belong to education and acquirement.

1 "For, as in well ordered commonwealths, one subject may exceed another in riches, or in honor, but all are equal sharers in the common liberty; so,

CHAPTER II.

Life, liberty and the right to seek one's own happiness, are gifts from God to man; and therefore the natural and unalienable right of all.

$ 18. This proposition necessarily follows the conclusion, that life, liberty and the right to seek a perfect destiny are incident to the right to exist. It also follows the conclusion, "that all men are created equal," and, hence, are equally entitled to that which is essential to their well-being and destiny. The proposition itself is so self-evidently true, that it cannot be made more certain by argument. It belongs rather to that class of conscious affirmations called axiomatic truths, than to that other class which are ascertained through a process of ratiocination.

$ 19. If, however, one were disposed to deny or question man's natural right to life, liberty, etc., and to set up an authority to the contrary, he would be obliged to show in some other being a superior right which must necessarily be sacrificed or endangered, by the existence of this right in man. For if this right be essential to the existence, well-being and final destiny of man, and if it does not conflict with any equal or superior right in another being, it cannot be denied or questioned.

$20. Whatever is the natural and unalienable right of one man, is the natural and unalienable right of all men. For when it is demonstrated that one man is immortal, it is to be assumed that all men are so, unless exceptions can be pointed out. When it is admitted that life, liberty, &c., are the natural and unalienable rights of one man, there appearing to be no exception, it is to be assumed that they are, likewise, the natural and unalienable rights of all men.

under this regulation of nature, how much soever a man may surpass his neighbors as to bodily or intellectual endowments, he is still obliged to pay all natural duties as readily and fully as he expects to receive them; nor do those advantages give him the least power or privilege to oppress his fellows." (PufFENDORF, B. 3, ch. 2, ¿ 2.)

$ 21. Again, whoever asserts that one man has natural rights superior to another, and before which the rights of others must yield, assumes an affirmative which cannot be admitted, until it is clearly and logically proved. If he has any special claim to the natural provisions which God has made for supplying the needs of his creatures not possessed in common by his fellows, he must produce his charter from the Almighty, and show by evidence that cannot be questioned, his superior origin, aim and destiny.

$22. The natural necessities of all men being the same, their natural rights are likewise the same. And, until it can be shown that a particular man has natural necessities not common to the race, it cannot be claimed that he has natural rights not common to all. In short, until it can be demonstrated that one man has a different origin from another, and is sustained by different means, and has a different destiny to accomplish, it cannot be claimed that he has been endowed with different and superior rights to others.

$ 23. The natural rights of man, as indicated by his natural necessities, are limited only by the equal rights of others; and the limit can generally be ascertained by the inquiry, "Should all others claim and exercise the same natural rights, would there necessarily be any conflict?” For no one can justly claim a natural right so broad that he cannot accord the same to all others; and when he does so, he is trespassing upon the common rights of the race; and he thereby authorizes them, in that respect, to trespass upon him. Therefore, in defining the sphere of individual rights, care must be observed to make the definition broad enough to meet the needs of the individual, and yet not so broad as to conflict with the like rights in others. RIGHT CANNOT CONFLICT WITH RIGHT, NOR CAN TRUTH CONTRADICT TRUTH.1

1 Nothing is conformable to the rules of wisdom which, being practiced by every one, becomes hurtful and evil. (Barbeyrac's note on Puf., B. III, ch. 2, 24, quoting Lactantius' Inst., Div. 1, 3, ch. 23.)

$24. Man has that natural right to his life which can, under the same circumstances, be accorded to all other men. And where he has a right to the prolongation of his life, he has, as an incident thereto, the right to seek and use all proper means to support and defend it. When, under what circumstances, and upon what principle, man may forfeit the right to prolong his life, will be fully discussed when the social and governmental problems are under consideration.

$25. Liberty is the right to exercise all the faculties and powers with which man is endowed that he may protect himself and provide for his natural necessities; and also to do and perform whatsoever he pleases, so that he does not, in any way, interfere with, or violate the equal rights of, others, or endanger the well-being of society.

$ 26. The extent of man's natural liberty as an individual, is to be ascertained by considering his individual necessities as a physical, intellectual, social, moral and religious being. Whatever these natures may require for their proper development and perfection, he is at liberty so to provide for, as not to interfere with the like right in others. He is at liberty, naturally, to appropriate to his own use so much of that which nature has provided, without the labor of man, as his necessities require. He is at liberty so to bestow his labor, as by the aid of natural forces, to convert to his own use, not only that which is immediately necessary to supply his own wants, and the needs of those dependent upon him, but also to lay up in store for their future necessities. In short, his personal liberty gives him the right to use all his faculties and powers, and to possess himself of all the productions thereof, to the extent that the same right can be accorded to all others without necessitating conflict. $27. Man's right to the enjoyment of perfect liberty as above defined also implies the right to possess himself of the means for defending and maintaining that liberty; and also the right to use the same for that purpose. For the right to enjoy is of no value unaccompanied