The following is an excerpt from a sermon preached by John Leland (1754-1841) titled The Rights of Conscience inalienable; and therefore Religious Opinions not cognizable by Law
Suppose a man to remove to a desolate island and take a peaceable possession of it without injuring any, so that he should be the honest inheritor of the isle. So long as he is alone he is the absolute monarch of the place, and his own will is his law, which law is as often altered or repealed as his will changes. In process of time from this man’s loins ten sons are grown to manhood and possess property. So long as they are all good men each one can be as absolute, free, and sovereign as his father; but one of the ten turns vagrant, by robbing the rest; this villain is equal to if not an overmatch for any one of the nine—not one of them durst engage him in single combat: reason and safety both dictate to the nine the necessity of a confederation to unite their strength together to repel or destroy the plundering knave. Upon entering into confederation some compact or agreement would be stipulated by which each would be bound to do his equal part in fatigue and expence; it would be neccessary for these nine to meet at stated times to consult means of safety and happiness; a shady tree or small cabin would answer their purpose; and in case of disagreement four must give up to five.
In this state of things their government would be perfectly democratical, every citizen being a legislator.
In a course of years, from these nine there arises nine thousand; their government can be no longer democratical, prudence would forbid it. Each tribe or district must chuse their representative, who (for the term that he is chosen) has the whole political power of his constituents. These representatives, meeting in assembly, would have power to make laws binding on their constituents; and while their time was spent in making laws for the community each one of the community must advance a little of his money as a compensation therefor. Should these representatives differ in judgment the minor must submit to the major, as in the case above.
From this simple parable the following things are demonstrated:
1. That the law was not made for a righteous man, but for the disobedient.
2. That righteous men have to part with a little of their liberty and property to preserve the rest.
3. That all power is vested in and consequently derived from the people.
4. That the law should rule over rulers, and not rulers over the law.
5. That government is founded on compact.
6. That every law made by the legislators inconsistent with the compact, modernly called a constitution, is usurpive in the legislators and not binding on the people.
7. That whenever government is found inadequate to preserve the liberty and property of the people they have an indubitable right to alter it so as to answer those purposes.
8. That legislators in their legislative capacity cannot alter the constitution, for they are hired servants of the people to act within the limits of the constitution.
Paul makes clear in his letter to the Romans that the purpose of government is to bear the sword, which is to punish evildoers.
13 Every person is to be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God. 2 Therefore whoever resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves. 3 For rulers are not a cause of fear for good behavior, but for evil. Do you want to have no fear of authority? Do what is good and you will have praise from the same; 4 for it is a minister of God to you for good. But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath on the one who practices evil. 5 Therefore it is necessary to be in subjection, not only because of wrath, but also for conscience’ sake. 6 For because of this you also pay taxes, for rulers are servants of God, devoting themselves to this very thing. 7 Render to all what is due them: tax to whom tax is due; custom to whom custom; fear to whom fear; honor to whom honor.
Romans 13:1-7 NASB