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AF

FTER the adoption of the principles, which I have already endeavoured to establish, it would evidently exceed the intent and purport of this publication, to enter into hiftorical researches, in order to trace the antiquity, and delineate the gradual and progreffive improvements of our constitution; for it is not to be fuppofed, that the community of this ifland paffed, uno faltu, from their firft agreement to enter into fociety, immediately into a conftitution and government of that perfection, which diftinguishes the conftitution and government, that we happily enjoy. Could we even clear of those remote hiftories from

now

the dark

pages

Our conftituupon principle.

tion founded

doubt and uncertainty, the information might
gratify the curiofity of the mind, but would
bring
no conviction to the understanding.
Principle alone is the true compafs, by which
we can steer fteadily and fafely through the
treacherous perils of this fea of politics.

If

If any of my countrymen have been deluded, by these modern pfeudo-evangelifts, into their practical leffons," to confider the world as new to them, as to the first man, that existed, and their natural rights in it of the fame kind; † that there is no political Adam, who has a power or right to bind all pofterity for ever; that the rights of the living cannot be willed away, and controuled, and contracted for by the manufcript affumed authority of the dead, there being no authority in the dead over the freedom and rights of the living; and that, therefore, we are not to refer to mufty records and mouldy parchments for the rights of the living; and confequently, § that they are in error, who reason by precedent drawn from antiquity respecting the Rights of Man," I fhall certainly make little impreffion upon them by the quotation of any written, historical, philofophical, or even legislative authority whatever. I must, however, in justice, remind thefe docile difciples of modern liberty of the lenient palliative, which their demagogue has thrown into his inftructions, left they may swallow the envenomed

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binding effect

draught too haftily, without the application What gives of the corrective folvent. *« * "It requires to laws. but a very fmall glance of thought to perceive, that although laws made in one generation often continue in force through fucceeding generations, yet that they continue to derive their force from the confent of the living. A law not repealed continues in force, not because it cannot be repealed, but because it is not repealed, and the non-repealing paffes for confent." Thefe written authorities, or, in the fashionable phrafe, these affumed ufurpations of the dead over the living, may be referred to by thofe, who will derive from them the fatisfaction of example, illustration, and reafon.

In order to humour thefe neophites to modern liberty, I fhall follow and argue upon their own avowed principles and doctrines; and I certainly fo far go with them, that I do not admit, that the truth of any principle can be proved merely from its antiquity, or that every right can be established merely by its length of poffeffion. "For as time can make nothing lawful or juft, that is not fo of itself (though men are unwilling to change,

* Payne's Rights of Man, p. 13.

Algernoon Sydney's Difcourfes concerning Government, 380..

that

The truth of

principles not

to

be proved

from its anti

quity.

The firft dele

gation of power

election.

that, which has pleased their ancestors, unless they discover great inconveniences in it) that, which a people does rightly establish for their own good, is of as much force the first day, as continuance can ever give to it; and, therefore, in matters of the greatest importance, wife and good men do not fo much enquire, what has been, as what is good, and ought to be; for that, which of itself is evil, by continuance is made worse, and upon the first opportunity is juftly to be abolished." Without, therefore, attempting to trace the origin, progrefs, and establishment of our conftitution and government, through the intricate mazes of historical darknefs, confufion, and uncertainty, I fhall keep conftantly in view the principles of civil liberty, which I have already laid down, and thereby endeavour to eftablish, in application to them, the force and energy of our prefent form of constitution and government.

It is because the fovereignty of civil or politiin this iftand by cal power originates from the people, and conftantly and unalienably refides in the people, that we find, from the earliest credible accounts of our ancestors, that the political community of this ifland firft delegated their power to an individual, by the actual election of the reprefentative body or common council of the nation:

nation: Summa imperii bellique adminiftrandi communi concilio permiffa eft Caffivellano. Upon this principle, and in exercise of the indefeafable right and power, upon which it is grounded, did our ancestors continue this form of elective monarchy, till they became a province under the Romans; the diffolution then of that government was effected, as Mr. Locke expreffes, † "by the inroad of a foreign force making a conqueft upon them. For in that cafe, not being able to maintain and fupport themfelves as one entire and independent body, the union belonging to that body, which confifted therein, must neceffarily cease." In execution of the fame

Cæfar's Commentaries.

† Locke of Civil Government, c. xix. p. 227.

1 No free exercife of a people's right can be fuppofed to exift under the compulfive controul of a foreign enemy. Thus Mr. Locke (ibid, p. 217), "Though governments can originally have no other rife, than that before mentioned, nor polities be founded on any thing, but the confent of the people; yet fuch have been the diforders ambition has filled the world with, that, in the noise of war, which makes fo great a part of the history of mankind, this confent is little taken notice of; and therefore many have mistaken the force of arms for confent of the people, and reckon conqueft as one of the originals of government. But conqueft is as far from fetting up any government, as demolishing a house is from building a new one in the place; indeed, it often makes way for a new frame of commonwealth, by de

ftroying

The govern

ment diffolved

by force of

arms.

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