from every other, and from which no appeal can even be imagined, is too much hid, and kept out of sight by the present complex forms of government, which derive their authority from it. Hence hath arisen a want of clearness and consistency in the language of the friends of liberty. Hence the preposterous and slavish maxim, that whatever is enacted by that body of men, in whom the supreme power of the state is veiled, must, in all cases, be implicitly obeyed; and that no attempt to repeal an injust law can be vindicated, beyond a simple remonstrance addressed to the legislators. A case, which is very intelligible, but which can never happen, will demonstrate the absurdity of such a maxim.
Suppose the king of England, and the two houses of parliament, should make a law, in all the usual forms, to exempt the members of either house from paying taxes to the government, or to take to themselves the property of their fellow citizens. A law like this would open the eyes of the whole nation, and show them the true principles of government, and the power of governors. The nation would see that the most regular governments may become tyrannical, and their governors oppressive, by separating their interest from that of the people whom they govern. Such a law would show them to be but servants, and servants who had shamefully abused their trust. In such a case, every man for himself would lay his hand upon his sword, and the authority of the supreme power of the state would be annihilated.
So plain are these first principles of all government, and political liberty, that I will take upon me to say, it is impossible a man should not be convinced of them, who brings to the subject a mind free from the grossest and meanest prejudices. Whatever be the form of any government, whoever be the supreme magistrates, or whatever be their number; that is, to whomsoever the power of the society is delegated, their authority is, in its own nature, reversible. No man can be supposed to resign his natural liberty, but on conditions. These conditions, whether they be expressed or not, must be violated, whenever the plain and obvious ends of government are not answered; and a delegated power, perverted from the intention for which it was bestowed, expires of course. Magistrates therefore, who consult not the good of the public, and who employ their power to oppress the people, are a public nuisance, and their power is abrogated ipso facto.
This, however, can only be the case in extreme oppression; when the blessings of society and civil government, great and important as they are, are bought too dear; when it is better not to be governed at all, than to be governed in such a manner; or, at least, when the hazard of a change of government would be apparently the less evil of the two; and, therefore, these occasions rarely occur in the course of human affairs. It may be asked, what should a people do in case of less general oppression, and only particular grievances; when the deputies of the people make laws which evidently favour themselves, and bear hard upon the body of the people they represent, and such as they would certainly disapprove, could they be assembled for that purpose? I answer, that when this appears to be very clearly the case, as it ought by all means to do (since, in many cases, if the government have not power to enforce a bad law, it will not have power to enforce a good one) the first step which a wise and moderate people will take, is to make a remonstrance to the legislature; and if that be not practicable, or be not heard; still, if the complaints be general, and loud, a wise prince and ministry will pay regard to them; or they will, at length, be weary of enforcing a penal law which is generally abhorred and disregarded; when they see the people will run the risque of the punishment, if it cannot be evaded, rather than quietly submit to the injunction. And a regard to the good of society will certainly justify this conduct of the people.
If an over scrupulous conscience should prevent the people from expressing their sentiments in this manner, there is no method left, until an opportunity offers of chusing honester deputies, in which the voice of the lowest classes can be heard, in order to obtain the repeal of an oppressive law.
Governors will never be awed by the voice of the people, so long as it is a mere voice, without overt-acts. The consequence of these seemingly moderate maxims is, that a door will be left open to all kinds of oppression, without any resource or redress, till the public wrongs be accumulated to the degree above mentioned, when all the world would justify the utter subversion of the government. These maxims, therefore, admit of no remedy but the last, and most hazardous of all. But is not even a mob a less evil than a rebellion, and ought the former to be so severely blamed by writers on this subject, when it may prevent the latter? Of two evils of any kind, political as well as others, it is the dictate of common sense to chuse the less. Besides, according to common notions, avowed by writers upon morals on less general principles, and by lawyers too, all penal laws give a man an alternative, either to abstain from the action prohibited, or to take the penalty.
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