tary succession;
and of consequence hereditary succession can only follow on the death of
the first parties.
As, therefore, hereditary succession is out of the question with respect
to the first generation, we have now to consider the character in which
that generation acts with respect to the commencing generation, and to
all succeeding ones.
It assumes a character, to which it has neither right nor title. It
changes itself from a Legislator to a Testator, and effects to make
its Will, which is to have operation after the demise of the makers, to
bequeath the Government; and it not only attempts to bequeath, but to
establish on the succeeding generation, a new and different form of
Government under which itself lived. Itself, as already observed, lived
not under a hereditary Government but under a Government of its own
choice and establishment; and it now attempts, by virtue of a will and
testament (and which it has not authority to make), to take from the
commencing generation, and all future ones, the rights and free agency
by which itself acted.
But, exclusive of the right which any generation has to act collectively
as a testator, the objects to which it applies itself in this case, are
not within the compass of any law, or of any will or testament.
The rights of men in society, are neither devisable or transferable, nor
annihilable, but are descendable only, and it is not in the power of any
generation to intercept finally, and cut off the descent. If the present
generation, or any other, are disposed to be slaves, it does not lessen
the right of the succeeding generation to be free. Wrongs cannot have
a legal descent. When Mr. Burke attempts to maintain that the English
nation did at the Revolution of 1688, most solemnly renounce and
abdicate their rights for themselves, and for all their posterity for
ever, he speaks a language that merits not reply, and which can
only excite contempt for his prostitute principles, or pity for his
ignorance.
In whatever light hereditary succession, as growing out of the will
and testament of some former generation, presents itself, it is an
absurdity. A cannot make a will to take from B the property of B,
and give it to C; yet this is the manner in which (what is called)
hereditary succession by law operates. A certain former generation made
a will, to take away the rights of the commencing generation, and all
future ones, and convey those rights to a third person, wh
|