itution they are limited to
certain seasons, or by an act of their supreme power they have adjourned
to a certain time; and when that time comes, they have a right to
assemble and act again.
Sect. 154. If the legislative, or any part of it, be made up of
representatives chosen for that time by the people, which afterwards
return into the ordinary state of subjects, and have no share in the
legislature but upon a new choice, this power of chusing must also be
exercised by the people, either at certain appointed seasons, or else
when they are summoned to it; and in this latter case the power of
convoking the legislative is ordinarily placed in the executive, and has
one of these two limitations in respect of time: that either the
original constitution requires their assembling and acting at certain
intervals, and then the executive power does nothing but ministerially
issue directions for their electing and assembling, according to due
forms; or else it is left to his prudence to call them by new elections,
when the occasions or exigencies of the public require the amendment of
old, or making of new laws, or the redress or prevention of any
inconveniencies, that lie on, or threaten the people.
Sect. 155. It may be demanded here, What if the executive power, being
possessed of the force of the common-wealth, shall make use of that
force to hinder the meeting and acting of the legislative, when the
original constitution, or the public exigencies require it? I say, using
force upon the people without authority, and contrary to the trust put
in him that does so, is a state of war with the people, who have a right
to reinstate their legislative in the exercise of their power: for
having erected a legislative, with an intent they should exercise the
power of making laws, either at certain set times, or when there is need
of it, when they are hindered by any force from what is so necessary to
the society, and wherein the safety and preservation of the people
consists, the people have a right to remove it by force. In all states
and conditions, the true remedy of force without authority, is to oppose
force to it. The use of force without authority, always puts him that
uses it into a state of war, as the aggressor, and renders him liable to
be treated accordingly.
Sect. 156. The power of assembling and dismissing the legislative,
placed in the executive, gives not the executive a superiority over it,
but is a fiduciary trus
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