A Collection of Essays and Fugitiv Writings. Noah Webster

A Collection of Essays and Fugitiv Writings

without the King's writ, which is the regular constitutional mode of summoning them, and by custom necessary to render the meeting a Parliament. But the powers of this assembly, whether denominated a Convention or a Parliament, have ever been considered as coextensive and supreme. I would just remark further, that the impossibility of establishing perpetual, or even permanent forms of government, is proved already by the experience of two States in America. Pensylvania and Georgia, have suffered under bad Constitutions, till they are glad to go thro the process of calling a new Convention. After the new forms of government have been tried some time, the people will discover new defects, and must either call a third Convention, or let the governments go on without amendment, because their Legislatures, which ought to have supreme power, cannot make altertations.–[1789.]

20

This is the date of the first writs now extant, for summoning the Knights and Burgesses.

21

In Pensylvania, after the late choice of Delegates to Congress by the people, one of the Gentlemen sent his resignation to the President and Council, who refered it to the Legislature then sitting. This body, compozed of the servants of the people, I suppoze, solemnly resolved, that there was no power in the State which could accept the resignation. The resolv was grounded on the idea that the power of the people is paramount to that of the Legislature; whereas the people hav no power at all, except in choosing representativs. All Legislativ and Executiv powers are vested in their Representativs, in Councilor Assembly, and the Council should have accepted the resignation and issued a precept for another choice. Their compelling the man to serve was an act of tyranny.

22

This pernicious error subverts the whole foundation of government. It resembles the practice of some Gentlemen in the country, who hire a poor strolling vagabond to keep a school, and then let the children know that he is a mere servant. The consequence is, the children despise him and his rules, and a constant war is maintained between the master and his pupils. The boys think themselves more respectable than the master, and the master has the rod in his hand, which he never fails to exercise. A proper degree of respect for the man and his laws, would prevent a thousand hard knocks. This is government in miniature. Men are taught to believe that their rulers are their servants, and then are rewarded with a prison and a gallows for despising their laws.

23

"In a democracy there can be no exercise of sovereignty but by suffrage: In England, where the people do not debate in a collective body, but by representation, the exercise of this sovereignty consists in the choice of Representatives." Blackstone's Com. b. 1. ch. 2. This is the sole power of the people in America.

24

The septennial act was judged the only guard against a Popish reign, and therefore highly popular.

25

Notes on Virginia, page 197. Lond. Edit. Query 13.

26

Contracts, where a Legislature is a party, are excepted.

27

Some jealous people ignorantly call the proposed Constitution of Federal Government, an aristocracy. If such men are honest, their honesty deserves pity: There is not a feature of true aristocracy in the Constitution; the whole frame of Government is a pure Representativ Republic.

28

Calvini Lexicon Juridicum.

29

See Laws of the Saxon Kings.

30

Such is the article, which excludes the clergy from a right to hold civil offices. The people, might, with the same propriety, have declared, that no merchants nor lawyers should be eligible to civil offices. It is a common opinion that the business of the clergy is wholly spiritual. Never was a grosser error. A part of their business is to inform the minds of people on all subjects, and correct their morals; so that they have a direct influence on government. At any rate they are subjects of law, and ought as freemen to be eligible to a seat in the Legislature; provided the people incline to choose them.

31

No. II. IV. V.

32

It is a capital defect in some of the States, that the government is so organized as not to admit subordinate acts of legislation in small districts. In these States, every little collection of people in a village must petition the Legislature for liberty to lay out a highway or build a bridge; an affair in which the State at large has very little interest, and of the necessity and utility of which the Legislature are not suitable judges. This occasions much trouble for the State; it is a needless expense. A State should be divided into inferior corporations, veiled with powers competent to all acts of local police. What right have the inhabitants of Suffolk to interfere in the building of a bridge in Montgomery?

[This was written in New York] Who are the most competent judges of a local convenience; the whole State, or the inhabitants of the particular district?

33

An error, originating in mistake, is often pursued thro obstinacy and pride; and sometimes a familiarity with falsehood, makes it appear like truth.

34

New York.

35

Some have suspected from these sentiments, that I favor the insurrection in Massachusetts. If it is necessary to be more explicit than I have been in the declaration, "I reprobate, &c." I must add, that in governments like ours, derived from the people, I believe there is no possible situation in which violent opposition to laws can be justified; because it can never be necessary. General evils will always be legally redressed, and partial evils must be borne, if the majority require it. A tender law, which interferes with past contracts, is perhaps the wickedest act that a Legislature can be guilty of; and yet I think the people in Rhode Island have done right, in not opposing their's, in a violent manner.

36

Pensylvania.

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