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or contempt with the people; since it could have but little tendency to correct public grievances, but might lead to public disorders and disturbances, and thus, instead of removing evils, might aggravate some and occasion others. For, it would be impossible to prevent the right of animadversion on the conduct of a bad prince, from being perverted to an unjust vituperation of the character and conduct of an excellent one. On the contrary, is it not very possible, that under a good prince, there might be thousands of factious demagogues, who, under the pretence of patriotism, the public good, and freedom and the rights of man, and other topics of popular declamation, might asperse and vilify their rulers; while under a cruel and merciless tyrant, whose public life was a disgrace to human nature, and whose administration of public affairs, was impolitic, unjust and ruinous, those same pretended patriots, from fear would have remained in perfect silence and perhaps have been most conspicuous for abject sycophancy and fawning servility? Under all arbitrary governments, therefore, seditious speeches and writings are considered but little short of treason, to which they directly tend.

6. The right of petition and remonstrance. Another right retained by the people in all free governments, and which it is believed, is seldom denied under the most arbitrary and tyran nical, is that of representing to the government any particular

1 Such conduct is perfectly natural, when it is considered, that demagogues and false patriots are actuated by the same motives, as the courtiers and flatterers of kings. For, it is to power, wherever placed, that each class equally bows. In monarchies, they are induced to pay court to the opinions and wishes of the king, if they would rise to employment in the state. With the same object in view, in democracies, they suffer neither honor, conscience, truth, justice, decency, nor religion, to stand in competition with popular notions, prejudices, or selfish interests. With such, the voice of the people, right or wrong, is the voice of God; and whatever is unpopular, is unpardonable. If they have sagacity enough to foresee in what direction the majority of the people will incline, it is there such persons will always be found, justifying or recommending in advance, measures which the people would blush to commit individually, as private citizens; and, instead of using the information which a superior education has given them, in endeavoring to remove popular errors, mistakes and prejudices, and settling the public opinion on true principles of religion, justice and morality, prostituting their superior advantages and influence, in confirming such errors, opinions and prejudices, rather than incur the risk of the displeasure of the people, by attempting to set them right.

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evil or grievance, which the petitioner suffers from any law or other public measures, and requesting its removal, or that suitable compensation be made him for the damage, which he sustains in consequence of it. It should not be considered any infringement of this right, that the petition should be made in decent and respectful terms, however contrary it may seem to the opinions of those persons, who from a mistaken idea of the true principles of democracy, think there can be no freedom, where the private citizens may not affront and insult with impunity their superiors in office.

7. The right to reform the government. On this critical and dangerous subject, it seems difficult to establish any certain principles of general application, which will not be liable to be abused and misapplied, and which consequently may not involve in their operation, if injudiciously carried into practice, the most lamentable and disastrous results. A profound historian indulging in some reflections upon the American Revolution, makes the following observations. To overset an established government, unhinges many of those principles which bind individuals to each other. A long time and much prudence, will be necessary to reproduce a spirit of freedom, without which, society is a rope of sand. The right of the people to resist their rulers, when invading their liberties, forms the corner stone of American Republics. This principle, though just in itself, is not favorable to the tranquillity of present establishments. The maxims and measures, which in the years 1774 and 1775, were successfully inculcated and adopted by American patriots, for oversetting the established government, will answer a similar purpose, when recurrence is had to them by factious demagogues for disturbing the freest governments that were ever devised.'

It should not be overlooked, though it may seem to imply a contradiction in terms, that the strict enforcement or assertion of our most perfect rights, under peculiar circumstances may sometimes constitute a crying sin, as being a violation of some duty, which though of the strongest obligation in a religious and moral point of view, is usually called or defined a duty of imperfect obligation, because those persons who are the objects of it, have no right themselves to compel its per

formance. This is true in relation to our rights in a state of nature, and towards individuals; and is equally so in relation to our civil and political rights in a state of society, and towards the public. But, in the latter case, the consequences may be infinitely more disastrous, and wholly remediless. The following remarks are to be taken, subject to this qualification.

No government can have any legitimate foundation but in the good of the people; for, the people were not made to be governed for the interest or pleasure of the rulers; but rulers were set up and established to protect the people, and direct them by salutary laws and regulations, in the pursuit of their welfare and true interests. Where the people have good sense, and the virtues of self-denial, and the love of justice, as a nation, so as to know how to redress their wrongs on other nations, if any should be offered, and so as to be contented to do without, what they cannot gain without wrong to others, they have no need of arbitrary rulers, whose powers, in a political point of view, originate with themselves. But, if they have not this good sense and these virtues, they will soon fall a prey to usurpation, as a punishment for their folly and injustice. What nations have, and what nations have not, this intelligence and these virtues to a sufficient extent, may be conjectured, but can only be certainly determined by experience. To think so, and to be able to do it, are different things. To overthrow a monarchy is one thing; to establish a permanent, free, popular government is another. The characteristic qualities of a people, which may lead them to the former, are not of themselves sufficient to enable them to effect the latter. The form of general government established by American sages, though most admirable, is not perfect; and will stand no longer than while a portion of the same wisdom, patriotism and disinterestedness, which actuated them, shall continue to animate the public councils.

Governments were established at first, in days of ignorance violence and injustice. In most cases the strong, crafty and bold, reduced the weak, timorous, simple and defenceless to a state of subjection. The latter, in this way, became slaves to the former, in the first instance; and afterwards, by a grad

ual melioration of their condition became subjects, while the companions of the leader or conqueror, became nobles. This however was not always the case. For, in some instances, it is probable, where the weak were not immediately overrun in the first invasion, they were able by uniting and forming themselves into an organized society, adopting an exact military discipline, and inventing armour as well as improved weapons of offence, as shields, darts and swords, to prevail over those, who, relying merely on their gigantic stature and resistless bodily strength, had never felt the necessity, and consequently had never thought of any such expedients, but at best, had never made use of any weapons more effective than the stone, the stake, or the war club. It is most probable, that it was in this way, that Chedorlaomer, the first conqueror on record, subdued the various tribes of giants, enumerated in the holy scriptures. For, he had no divine assistance, and no mention is made of the superior stature of his soldiers or subjects. But they dwelt in cities, and must therefore have made some considerable advances in civilization and the necessary arts. But the nations or tribes whom he conquered, it is apparent, lived in a savage state; and were most of them conspicuous for their lofty stature; viz. the Emims, who are compared to the sons of Anak, of whom it was said, Who can stand before the Anakims,' the Rephaims, or giants, of whom it is said in the scriptures Og, the King of Bashan, was the last survivor, and whose stature, according to the scripture account, could not have been far from fifteen English feet; the Horims, who dwelt in caves and holes in the ground on Mount Seir, and who, in this respect, were literally Troglodytes. These giants were in a great measure destroyed by Chedorlaomer, and it is most probable without any miraculous aid, by superior weapons, and military skill alone. But, when other nations of gigantic men succeeded, such as the Anakims and the Amorites, who were acquainted with warlike implements and defensive armour, and subject to military discipline, it was impossible for the Israelites to conquer them without divine assistance, and the three sons of Anak, who struck terror into the hearts of the Israelitish spies, with the exception of Caleb and Joshua, it is probable from the same ac

count, were not cut off, until they were upwards of fourscore years of age; there being no evidence that, under the divine. economy, the ordinary course of nature is ever disturbed by a miracle without necessity.

In later times, governments are chiefly grounded in the first instance on conquest or usurpation. For we see in history, Kings are dethroned and are succeeded for the most part by tyrants; Republics are conquered through delay or dissension, or corruption, and are annexed to the empire of the conqueror; monarchies are subverted and succeeded by anarchy and confusion, until the turbulent authors are cut off, one chief being left to trample on the people's liberties and reduce them to a more abject state than they suffered before. In a few instances, the people have rescued themselves from oppression, and have established a mild and free government.

Legitimate governments may be of any form whatever, whether a monarchy, an aristocracy, a democracy, or a combination of these. Where they are not established by divine appointment, they must be grounded, according to natural right, in the will of the people, express or tacit. A people, therefore, it is evident, without any government, when organizing a political society and forming a nation, may adopt any form of government which they think expedient, whether monarchy, aristocracy, democracy, or a republic. Whatever form they adopt, is a legitimate government, and no individuals in any succeeding generation, have a shadow of right to attempt to subvert it, or to excite the people to do so. Yet individuals who are dissatisfied, have a right to consult their bappiness and leave the country; but so long as they reside within it, they are bound to obey the laws. But, if the rulers should abuse their legitimate authority, and oppress the people by acts of tyranny and cruelty, the people, after petitioning for redress of grievances in vain, if unanimous, (otherwise not,) will have a natural right to remove their rulers, choose others in their room and reform the government, and adopt a new constitution if they see fit. A bare majority of the people, however, has no such right.

This extreme right, on account of the terrible consequences usually attending its exercise, notwithstanding the most tyran

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