This argument would prove, were it valid, much more than they who allege it apprehend or defire. It would prove the inherent injuftice not only of hereditary Government, but of all Government. Generations of men, fimilar as the individuals who compose them may be to the leaves (f) of the forest in short-lived glory, are not like them swept away together by the fudden defolation of autumn, and replaced by a new fucceffion bursting at once into life in the fpring. According to the fixed order of nature, they decay, and are renewed, by a gradual and almost imperceptible change; the parent disappears, but his offspring already fupplies his place: death feizes every indivi

Government, but folely against the language of fome of the Acts of Parliament by which it is established in this kingdom, it must be admitted that a reply would have been difficult. Statutes which defcribe the people of a country as "most humbly and faithfully fubmitting themselves, "their heirs and pofterity for ever," to any particular family; or as "binding themselves, their heirs and pofterity, to that 'family, its heirs and pofterity," or to any particular form of government whatever, " to the end of time;" profess to dispose of the rights of fucceeding generations, which are beyond the reach of their control; and afford an example of language equally extravagant and nugatory. 6) Οι η περ φυλλών γενεη, τοιηδε και ανδρων. Ηom. C4

dual

ravages

dual in his turn, but in the midst of his the fociety continues to exift in undeclining vigour. It would follow then from the principle on which the injuftice of hereditary power is attempted to be proved, that on the very firft moment after the establishment of any Conftitution, when a fingle individual of the country, who at the time of its being established was a child under the control of his parent, fhould attain to years of difcretion, and become entitled to the common rights of men, the injuftice of the Government would commence. To him the Government, had it been fettled but a week or a day, would be hereditary; "it would operate to preclude his confent, and would be a

(6

defpotifm." Not neceffarily fo, it may perhaps be replied; the young man might freely confent to accept the form of government with which he would fee all around him fatisfied. Undoubtedly he might; but does not this conceffion furnish a complete anfwer to the charge of injuftice urged against the institution of hereditary power? Does it not point out the way by which the juftice of our own Government, though hereditary, is rendered incontestable, on the very principle on which it is queftion

ed?

ed? Confent given by every native of Great Britain in his turn, when he arrives at the age of difcretion, to the government which he finds adopted by his countrymen; and expressed by his continuing in the land, and voluntarily accepting the protection of the State, with entire consciousness that it is afforded to him only on the reciprocal condition of obedience to the laws; conftitutes him fully and justly a British fubject. No compulsion was used or threatened; the act was entirely his own. Had he been averse to acquiefce in the Conftitution fanctioned by his countrymen, the world was before him, and he was at liberty (g) to depart. He is not fubject to the Government because his ancestors obeyed it; but because he has voluntarily engaged to obey it himself.

The

(g) There is at prefent no act of parliament in force prohibiting any perfon whatever from going out of the kingdom at his own difcretion; the laft ftatute to that effect having been repealed in the reign of James I. Blackstone's Comm. 15th edition, vol. i. p. 266. And "by the com"mon law every man may go out of the realm for what"ever caufe he pleaseth without obtaining the king's leave, "provided that he is under no injunction of ftaying at "home; which liberty was exprefsly declared in king (( 'John's

The true fate of the matter is this. The inftitution of any particular form of government, hereditary or otherwife, lays before each fucceeding member of the community a confiderable inducement to accept it, from the very circumftance of its being established, and from the inconveniences which would attend a removal to another country. The more excellent the Conftitution, the ftronger will the inducement be; but compliance with it is a voluntary act. Similar inducements are infeparably connected with every human inflitution, whether public, private, or domeftic. And he who on that ground charges his ancestors with. injuftice in thus fetting before him an hereditary Government, might with equal reafon complain, that by the erection of houses and the introduction of agriculture they had “de

"John's Great Charter." Blackstone, vol. i. p. 265. And though "because every man ought of right to defend the "king and his realm, therefore the king at his pleasure

may command him by his writ that he go not out of "the realm without licence;" (Blackstone, ibid.) no man will think it probable that individuals diffatisfied with the eftablished Conftitution of their country will ever be conftrained to ftay that they may be employed in defending

it.

"fpotically

fpotically precluded him" from living in a cave and feeding on acorns.

2. Political wisdom requires the existence of a legislative body; and that some efficient part of the Legislature be appointed by the people, and ultimately speak their sense.

If there be no legislative body, the government is the defpotifm of an individual. If there be a legislative body wholly appointed by an individual, he is ftill defpotic, though cir cuitoufly. If the legislative body be hereditary, or felf-appointed, where there is no monarch, it is a defpotic ariftocracy; where there is a monarch, it becomes exclusively despotic by enflaving him, or partaker of a joint defpotism by confederating with him.

These evils are precluded by affigning to the people, as is the cafe in Great Britain, the appointment of one branch of the Legislature, formed in fuch a manner as that it fhall finally speak their sense, whenever that fenfe is decided and permanent; and armed with fufficient powers ultimately to enfure fuccefs, under thofe circumftances, to its determination.

To