The Farmer Refuted

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THE FARMER REFUTED 95

The Farmer Refuted


Alexander Hamilton (17551804)

When Loyalist writings began to appear in New York newspapers in


1775, nineteen-year-old Hamilton responded with an essay defending the
colonists right of revolution. Still a student at Kings College, he followed
up with this second pamphlet, expanding his argument on the purpose of
legitimate government.
February 23, 1775
I shall, for the present, pass over to that part of your pamphlet, in which you
endeavor to establish the supremacy of the British Parliament over America.
After a proper eclaircissement of this point, I shall draw such inferences, as will
sap the foundation of every thing you have offered.
The first thing that presents itself is a wish, that I had, explicitly, declared to 5
the public my ideas of the natural rights of mankind. Man, in a state of nature
(you say) may be considered, as perfectly free from all restraints of law and
government, and, then, the weak must submit to the strong.
I shall, henceforth, begin to make some allowance for that enmity, you have
discovered to the natural rights of mankind. For, though ignorance of them in 10
this enlightened age cannot be admitted, as a sufficient excuse for you; yet, it
ought, in some measure, to extenuate your guilt. If you will follow my advice,
there still may be hopes of your reformation. Apply yourself, without delay, to
the study of the law of nature. I would recommend to your perusal, Grotius,
Puffendorf, Locke, Montesquieu, and Burlemaqui. I might mention other 15
excellent writers on this subject; but if you attend, diligently, to these, you will
not require any others.
There is so strong a similitude between your political principles and those
maintained by Mr. Hobb[e]s, that, in judging from them, a person might very
easily mistake you for a disciple of his. His opinion was, exactly, coincident 20
with yours, relative to man in a state of nature. He held, as you do, that he was,
______________________
Alexander Hamilton, The Farmer Refuted, February 23, 1775, in Harold Coffin Syrett, ed.,
The Papers of Alexander Hamilton, 17681778, Vol. 1 (New York: Columbia University Press,
19611987), 8689, 12122, 13536. Reproduced with permission of Columbia University
Press in the format Textbook via Copyright Clearance Center.
95
96 NATURAL RIGHTS AND THE AMERICAN REVOLUTION

then, perfectly free from all restraint of law and government. Moral obligation,
according to him, is derived from the introduction of civil society; and there is
no virtue, but what is purely artificial, the mere contrivance of politicians, for
the maintenance of social intercourse. But the reason he run into this absurd
5 and impious doctrine, was, that he disbelieved the existence of an intelligent
superintending principle, who is the governor, and will be the final judge of
the universe.
As you, sometimes, swear by him that made you, I conclude, your sentiment
does not correspond with his, in that which is the basis of the doctrine, you
10 both agree in; and this makes it impossible to imagine whence this congruity
between you arises. To grant, that there is a supreme intelligence, who rules
the world, and has established laws to regulate the actions of his creatures; and,
still, to assert, that man, in a state of nature, may be considered as perfectly free
from all restraints of law and government, appear to a common understanding,
15 altogether irreconcileable.

Good and wise men, in all ages, have embraced a very dissimilar theory. They
have supposed, that the deity, from the relations, we stand in, to himself and to
each other, has constituted an eternal and immutable law, which is, indispensibly,
obligatory upon all mankind, prior to any human institution whatever.
20 This is what is called the law of nature, which, being coeval with mankind, and
dictated by God himself, is, of course, superior in obligation to any other. It is
binding over all the globe, in all countries, and at all times. No human laws are
of any validity, if contrary to this; and such of them as are valid, derive all their
authority, mediately, or immediately, from this original. Blackstone.
25 Upon this law, depend the natural rights of mankind, the supreme being gave
existence to man, together with the means of preserving and beatifying that
existence. He endowed him with rational faculties, by the help of which, to
discern and pursue such things, as were consistent with his duty and interest, and
invested him with an inviolable right to personal liberty, and personal safety.
30 Hence, in a state of nature, no man had any moral power to deprive another of
his life, limbs, property or liberty; nor the least authority to command, or exact
obedience from him; except that which arose from the ties of consanguinity.
Hence also, the origin of all civil government, justly established, must be a
voluntary compact, between the rulers and the ruled; and must be liable to such
35 limitations, as are necessary for the security of the absolute rights of the latter;
for what original title can any man or set of men have, to govern others, except
their own consent? To usurp dominion over a people, in their own despite, or
THE FARMER REFUTED 97

to grasp at a more extensive power than they are willing to entrust, is to violate
that law of nature, which gives every man a right to his personal liberty; and
can, therefore, confer no obligation to obedience.
The principal aim of society is to protect individuals, in the enjoyment of those
absolute rights, which were vested in them by the immutable laws of nature; 5
but which could not be preserved, in peace, without that mutual assistance,
and intercourse, which is gained by the institution of friendly and social
communities. Hence it follows, that the first and primary end of human laws,
is to maintain and regulate these absolute rights of individuals. Blackstone.
If we examine the pretensions of parliament, by this criterion, which is evidently, 10
a good one, we shall, presently detect their injustice. First, they are subversive
of our natural liberty, because an authority is assumed over us, which we by
no means assent to. And secondly, they divest us of that moral security, for our
lives and properties, which we are entitled to, and which it is the primary end
of society to bestow. For such security can never exist, while we have no part 15
in making the laws, that are to bind us; and while it may be the interest of our
uncontrolled legislators to oppress us as much as possible.
To deny these principles will be not less absurd, than to deny the plainest axioms:
I shall not, therefore, attempt any further illustration of them....
Thus Sir, I have taken a pretty general survey of the American Charters; and 20
proved to the satisfaction of every unbiased person, that they are entirely,
discordant with that sovereignty of parliament, for which you are an advocate.
The disingenuity of your extracts (to give it no harsher name) merits the severest
censure; and will no doubt serve to discredit all your former, as well as future
labors, in your favorite cause of despotism. 25

It is true, that New-York has no Charter. But, if it could support its claim to
liberty in no other way, it might, with justice, plead the common principles
of colonization: for, it would be unreasonable, to seclude one colony, from
the enjoyment of the most important privileges of the rest. There is no need,
however, of this plea: The sacred rights of mankind are not to be rummaged 30
for, among old parchments, or musty records. They are written, as with a sun
beam, in the whole volume of human nature, by the hand of the divinity itself;
and can never be erased or obscured by mortal power.
The nations of Turkey, Russia, France, Spain, and all other despotic kingdoms,
in the world, have an inherent right, when ever they please, to shake off the yoke 35
of servitude, (though sanctified by the immemorial usage of their ancestors;)
and to model their government, upon the principles of civil liberty....
98 NATURAL RIGHTS AND THE AMERICAN REVOLUTION

Had the rest of America passively looked on, while a sister colony was subjugated,
the same fate would gradually have overtaken all. The safety of the whole
depends upon the mutual protection of every part. If the sword of oppression
be permitted to lop off one limb without opposition, reiterated strokes will
5 soon dismember the whole body. Hence it was the duty and interest of all the
colonies to succour and support the one which was suffering. It is sometimes
sagaciously urged, that we ought to commisserate the distresses of the people of
Massachusetts; but not intermeddle in their affairs, so far, as perhaps to bring
ourselves into like circumstances with them. This might be good reasoning, if
10 our neutrality would not be more dangerous, than our participation: But I am
unable to conceive how the colonies in general would have any security against
oppression, if they were once to content themselves, with barely pitying each
other, while parliament was prosecuting and enforcing its demands. Unless
they continually protect and assist each other, they must all inevitably fall a
15 prey to their enemies.

Extraordinary emergencies, require extraordinary expedients. The best mode


of opposition was that in which there might be an union of councils. This was
necessary to ascertain the boundaries of our rights; and to give weight and dignity
to our measures, both in Britain and America. A Congress was accordingly
20 proposed, and universally agreed to.

You, Sir, triumph in the supposed illegality of this body; but, granting your
supposition were true, it would be a matter of no real importance. When the
first principles of civil society are violated, and the rights of a whole people
are invaded, the common forms of municipal law are not to be regarded. Men
25 may then betake themselves to the law of nature; and, if they but conform
their actions, to that standard, all cavils against them, betray either ignorance
or dishonesty. There are some events in society, to which human laws cannot
extend; but when applied to them lose all their force and efficacy. In short,
when human laws contradict or discountenance the means, which are necessary
30 to preserve the essential rights of any society, they defeat the proper end of all
laws, and so become null and void....

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