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James Wilson: Founder and Constitutional Visionary
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While he acknowledged that there may be some benefit to the people to be ruled by the “best,”
he makes sure to reiterate his belief that all me are created politically equal. In his law lecture
“Of Man, As an Individual” he argued that: “In civil society, previously to the institution of civil
government, all men are equal. Of one blood all nations are made; from one source the whole
human race has sprung.”
58
While he admitted that all men are not created equal when it comes to
“virtues, talents, or acquirements,” he believed all men possess an equal right to govern
themselves.
59
Wilson did not think the elite had any moral right to rule though the people would
benefit from their talents.
The third possible foundation for one to be chosen to prescribe laws for society he
identifies, and ultimately rejects, is the supreme, or sometimes divine, right to rule. He believed
people have an “indispensable duty” to obey the laws of God and that God has the supreme right
to prescribe laws for our conduct.
60
Wilson believed that, because God possesses infinite power,
infinite wisdom, and infinite goodness, humans could be assured that His laws will always be
beneficial. However, he rejected the idea of divine right as having been established by princes so
they could rule arbitrarily and tyrannically.
61
Considering Wilson’s statement that “Consent is the sole principle, on which any claim,
in consequence of human authority, can be made upon one man by another,” it is instructive to
examine his 1774 pamphlet Considerations on the Nature and Extent of the Legislative Authority
of the British Parliament, 1774. In this pamphlet he denied the legitimacy of the authority of the
Parliament over the colonies in all instances.
62
He summarized his reasoning as follows, as once
again we see his emphasis on the happiness of the people:
58
, v1, 137
59
, v1, 137.
60
, v1, 55.
61
, v1, 35.
62
, v3, 91-99.
13
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| | Authors: Alcorn, J. Mark. |
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While he acknowledged that there may be some benefit to the people to be ruled by the “best,”
he makes sure to reiterate his belief that all me are created politically equal. In his law lecture
“Of Man, As an Individual” he argued that: “In civil society, previously to the institution of civil
government, all men are equal. Of one blood all nations are made; from one source the whole
While he admitted that all men are not created equal when it comes to
“virtues, talents, or acquirements,” he believed all men possess an equal right to govern
Wilson did not think the elite had any moral right to rule though the people would
benefit from their talents.
The third possible foundation for one to be chosen to prescribe laws for society he
identifies, and ultimately rejects, is the supreme, or sometimes divine, right to rule. He believed
people have an “indispensable duty” to obey the laws of God and that God has the supreme right
to prescribe laws for our conduct.
Wilson believed that, because God possesses infinite power,
infinite wisdom, and infinite goodness, humans could be assured that His laws will always be
beneficial. However, he rejected the idea of divine right as having been established by princes so
they could rule arbitrarily and tyrannically.
Considering Wilson’s statement that “Consent is the sole principle, on which any claim,
in consequence of human authority, can be made upon one man by another,” it is instructive to
examine his 1774 pamphlet Considerations on the Nature and Extent of the Legislative Authority
of the British Parliament, 1774. In this pamphlet he denied the legitimacy of the authority of the
Parliament over the colonies in all instances.
He summarized his reasoning as follows, as once
again we see his emphasis on the happiness of the people:
58
, v1, 137
59
, v1, 137.
60
, v1, 55.
61
, v1, 35.
62
, v3, 91-99.
13
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