but was, as far as it went, of the nature of
a re-conquest, and not a constitution; for could the nation have totally
expelled the usurpation, as France has done its despotism, it would then
have had a constitution to form.
The history of the Edwards and the Henries, and up to the commencement
of the Stuarts, exhibits as many instances of tyranny as could be acted
within the limits to which the nation had restricted it. The Stuarts
endeavoured to pass those limits, and their fate is well known. In
all those instances we see nothing of a constitution, but only of
restrictions on assumed power.
After this, another William, descended from the same stock, and claiming
from the same origin, gained possession; and of the two evils, James
and William, the nation preferred what it thought the least; since, from
circumstances, it must take one. The act, called the Bill of Rights,
comes here into view. What is it, but a bargain, which the parts of
the government made with each other to divide powers, profits, and
privileges? You shall have so much, and I will have the rest; and with
respect to the nation, it said, for your share, You shall have the right
of petitioning. This being the case, the bill of rights is more properly
a bill of wrongs, and of insult. As to what is called the convention
parliament, it was a thing that made itself, and then made the authority
by which it acted. A few persons got together, and called themselves by
that name. Several of them had never been elected, and none of them for
the purpose.
From the time of William a species of government arose, issuing out
of this coalition bill of rights; and more so, since the corruption
introduced at the Hanover succession by the agency of Walpole; that can
be described by no other name than a despotic legislation. Though the
parts may embarrass each other, the whole has no bounds; and the only
right it acknowledges out of itself, is the right of petitioning. Where
then is the constitution either that gives or restrains power?
It is not because a part of the government is elective, that makes it
less a despotism, if the persons so elected possess afterwards, as a
parliament, unlimited powers. Election, in this case, becomes separated
from representation, and the candidates are candidates for despotism.
I cannot believe that any nation, reasoning on its own rights, would
have thought of calling these things a constitution, if the cry of
constitution had n
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