What rights do citizens hold by nature?

OCR: 8 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (1787-11-26; reporter's paraphrase): James Wilson believed that the people never part with their power in a government like the proposed one, implying that rights are retained by the people and not surrendered to the government. He also questioned the feasibility of enumerating all the rights of men, suggesting that such rights are inherent and not fully definable by any one body. "On the other hand, when general legislative powers are given, then the people part with their authority, and, on the gentleman's principle of government, retain nothing. But in a government like the proposed one, there can be no necessity for a bill of rights, for, on my principle, the people never part with their power." [1]
• BELIEF (1787-11-26; reporter's paraphrase): James Wilson believed that the rights of the people as men and citizens are not fully enumerated in any political writing, implying that these rights are natural and inherent. He argued that all the political writers, including Grotius, Puffendorf, and Vattel, have not provided a complete enumeration of these rights. "I consider that there are very few who understand the whole of these rights. All the political writers, from Grotius and Puffendorf down to Vattel, have treated on this subject; but in no one of those books, nor in the aggregate of them all, can you find a complete enumeration of rights appertaining to the people as men and as citizens." [2]
• BELIEF (undated): James Wilson believed that life, liberty, and property are natural rights of man, with liberty and life being gratuitous gifts of heaven and property needing to be purchased. He also emphasized that reputation must always be protected. [3]
• BELIEF (undated): James Wilson believed that natural liberty includes the right to exert one's intellectual and active powers for one's own happiness and the happiness of others, provided no injury is done to others and provided some public interests do not demand one's labors. "This right is natural liberty." [4]
• BELIEF (undated): James Wilson believed that rights such as private property, personal liberty, health, reputation, and life flow from a human establishment and not from a higher natural source. He viewed these rights as civil privileges provided by society in lieu of natural liberties given up by individuals. "He says indeed, ^ that they are ^' either that residuum of natural liberty, which is not required by the laws of society to be sacrificed to public convenience ; or eke those civil privileges, which society has engaged to provide, in lieu of the natural liberties so given up by individuals.'" [5]
• BELIEF (undated): James Wilson believed that natural liberty includes the right to exert one's intellectual and active powers for one's own happiness and the happiness of those for whom one has tender affections, provided no injury is done to others and provided public interests do not demand one's labours. [6]
• BELIEF (undated): James Wilson believed that citizens hold natural rights, which may be increased and secured in a good and wise government. He argued that natural rights and civil rights are not incompatible and should not be removed from the foundation of nature. "As it is with regard to his natural liberty, so it is with regard to his other natural rights." [7]
• BELIEF (undated): James Wilson believed that a man has natural rights to his property, to his character, to liberty, and to safety. He also discussed the distinction between absolute and relative rights, and how rights of persons include personal liberty, personal security, and private property. (key quote above) [8]
• BELIEF (undated): James Wilson believed that citizens hold natural liberty and other natural rights by nature, which are protected and potentially enhanced by a wise and good government. He argued that natural liberty is not abridged by such a government but may be increased and secured, and that these rights are distinct from municipal laws. [9]
• BELIEF (undated): James Wilson believed that under civil government, individuals have given up or surrendered their natural rights, and that these rights are no longer the basis for their civil privileges. He argued that in civil society, the connection between man and his natural rights is intercepted by the institution of civil society, and that man is made by the government and can claim nothing but what society provides. [10]

What cuts against it

• BELIEF (undated): James Wilson believed that in civil society, man is not only made for, but made by the government: he is nothing but what the society frames: he can claim nothing but what the society provides. "He is nothing but what the society frames : he can claim nothing but what the society provides." [10]

2. HOW IT APPLIES (reasoning; inference is marked)

1. James Wilson believed that citizens hold natural rights, including the right to property, to his character, to liberty, and to safety. (key quote above) [8]

2. He argued that these rights are not abridged by a wise and good government but may be increased and secured. "Upon the whole, therefore, mau*s natural liberty, instead of being abridged, may be increased and secui-ed in a govern-ment, which is good and wise." [9]

3. Wilson believed that natural rights and civil rights are not incompatible and should not be removed from the foundation of nature. "As it is with regard to his natural liberty, so it is with regard to his other natural rights." [7]

4. However, he also suggested that under civil society, the connection between man and his natural rights is intercepted by the institution of civil society, and that man is made by the government and can claim nothing but what society provides. "The connexion between man and his natural rights is intercepted by the institution of civil society." [10]

5. This implies a tension in Wilson's views, as he both affirms the existence of natural rights and suggests that these rights are not inherent under civil society. This tension is not resolved in the record, and competing readings are possible.

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the specific rights that citizens hold by nature beyond property, liberty, and safety. It does not provide a comprehensive list of natural rights, nor does it clarify the extent to which these rights are retained or surrendered in civil society.

Extrapolation: James Wilson believed that citizens hold certain natural rights, including the right to property, liberty, and safety. He argued that these rights are not abridged by a wise and good government but may be increased and secured. However, he also suggested that under civil society, the connection between man and his natural rights is intercepted by the institution of civil society, and that man is made by the government and can claim nothing but what society provides.

Competing readings: One reading is that Wilson believed natural rights are inherent and should be protected by government. Another reading is that he believed these rights are not inherent under civil society and are instead provided by society. The record itself states both views, but the competing readings are supported by different passages.

Confidence: Moderate

The confidence is moderate because the record provides both affirmations of natural rights and suggestions that these rights are not inherent under civil society. The source quality is also a factor, as many passages are from old edited collections and may contain misreadings.