were published, and the people concurring therein,
they were established.
In forming those constitutions, or in altering them, little or no
inconvenience took place. The ordinary course of things was not
interrupted, and the advantages have been much. It is always the
interest of a far greater number of people in a nation to have things
right, than to let them remain wrong; and when public matters are open
to debate, and the public judgment free, it will not decide wrong,
unless it decides too hastily.
In the two instances of changing the constitutions, the governments then
in being were not actors either way. Government has no right to make
itself a party in any debate respecting the principles or modes of
forming, or of changing, constitutions. It is not for the benefit of
those who exercise the powers of government that constitutions, and the
governments issuing from them, are established. In all those matters the
right of judging and acting are in those who pay, and not in those who
receive.
A constitution is the property of a nation, and not of those who
exercise the government. All the constitutions of America are declared
to be established on the authority of the people. In France, the word
nation is used instead of the people; but in both cases, a constitution
is a thing antecedent to the government, and always distinct there from.
In England it is not difficult to perceive that everything has a
constitution, except the nation. Every society and association that is
established, first agreed upon a number of original articles, digested
into form, which are its constitution. It then appointed its officers,
whose powers and authorities are described in that constitution, and the
government of that society then commenced. Those officers, by whatever
name they are called, have no authority to add to, alter, or abridge the
original articles. It is only to the constituting power that this right
belongs.
From the want of understanding the difference between a constitution
and a government, Dr. Johnson, and all writers of his description, have
always bewildered themselves. They could not but perceive, that there
must necessarily be a controlling power existing somewhere, and they
placed this power in the discretion of the persons exercising the
government, instead of placing it in a constitution formed by the
nation. When it is in a constitution, it has the nation for its support,
and the natural and the poli
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