enamoured of your fair and equal representation, which being once obtained, the same effects might follow. You see they consider our House of Commons as only "a semblance," "a form," "a theory," "a shadow," "a mockery," perhaps "a nuisance." These gentlemen value themselves on being systematic; and not without reason. They must therefore look on this gross and palpable defect of representation, this fundamental grievance (so they call it) as a thing not only vicious in itself, but as rendering our whole government absolutely illegitimate, and not at all better than a downright usurpation. Another revolution, to get rid of this illegitimate and usurped government, would of course be perfectly justifiable, if not absolutely necessary. Indeed their principle, if you observe it with any attention, goes much further than to an alteration in the election of the House of Commons; for, if popular representation, or choice is necessary to the legitimacy of all government, the House of Lords is, at one stroke, basterdised and corrupted in blood. That House is no representative of the people at all, even in "semblance or in form." The case of the crown is altogether as bad. In vain the crown may endeavour to screen itself against these gentlemen by the authority of the establishment made on the Revolution. The Revolution which is resorted to for a title, on their system, wants a title itself. The Revolution is built, according to their theory, upon a basis not more solid than our present formalities, as it was made by a House of Lords, not representing any one but themselves; and by a House of Commons exactly such as the present, that is, as they term it by a mere "shadow and mockery" of representation. Something they must destroy, or they seem to themselves to exist for no purpose. One set is for destroying the civil power through the ecclesiastical; another for demolishing the ecclesiastic through the civil. They are aware that the worst consequences might happen to the public in accomplishing this double ruin of church and state; but they are so heated with their theories, that they give more than hints, that this ruin, with all the mischiefs that must lead to it and attend it, and which to themselves appear quite certain, would not be unacceptable to them, or very remote from their wishes. A man amongst them of great authority, and certainly of great talents, speaking of a supposed alliance between church and state, says :— "Perhaps we must wait for the fall of the civil powers before this most unnatural alliance be broken. Calamitous no doubt will that time be. But what convulsion in the political world ought to be a subject of lamentation, if it be attended with so desirable an effect?" You see with what a steady eye these gentlemen are prepared to view the greatest calamities which can befall their country. It is no wonder, therefore, that with these ideas of everything in their constitution and government at home, either in church or state, as illegitimate and usurped, or, at best as a vain mockery, they look abroad with an eager and passionate enthusiasm. Whilst they are possessed by these notions, it is vain to talk to them of the practice of their ancestors, the fundamental laws of their country, the fixed form of a constitution, whose merits are confirmed by the solid test of long experience, and an increasing public strength and national prosperity. They despise experience as the wisdom of unlettered men; and as for the rest, they have wrought under ground a mine that will blow up, at one grand explosion, all examples of antiquity, all precedents, charters, and acts of parliament. They have "the rights of men." Against these there can be no prescription; against these no argument is binding: these admit no temperament, and no compromise: anything withheld from their full demand is so much of fraud and injustice. Against these their rights of men let no government look for security in the length of its continuance, or in the justice and lenity of its administration. The objections of these speculatists, if its forms do not quadrate with their theories, are as valid against such an old and beneficent government, as against the most violent tyranny, or the greenest usurpation. They are always at issue with governments, not on a question of abuse, but a question of competency, and a question of title. I have nothing to say to the clumsy subtlety of their political metaphysics. Let them be their amusement in the schools." Illa se jactet in aula-Eolus, et clauso ventorum carcere regnet. But let them not break prison to burst like a Levanter, to sweep the earth with their hurricane, and to break up the fountains of the great deep to overwhelm us. Far am I from denying in theory, full as far is my heart from withholding in practice (if I were of power to give or to withhold) the real rights of men. In denying their false claims of right, I do not mean to injure those which are real, and are such as there pretended rights would totally destroy. If civil society be made for the advantage of man, all the advantages for which it is made become his right. It is an institution of beneficence; and law itself is only beneficence acting by a rule. Men have a right to live by that rule; they have a right to do justice; as between their fellows, whether their fellows are in politic function or in ordinary occupation. They have a right to the fruits of their industry; and to the means of making their industry fruitful. They have a right to the acquisitions of their parents; to the nourishment and improvement of their offspring; to instruction in life, and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill and force, can do in his favour. In this partnership all men have equal rights; but not to equal things. He that has but five shillings in the partnership has as good a right to it as he that has five hundred pounds has to his larger proportion. But he has not a right to an equal dividend in the product of the joint stock; and as to the share of power, authority, and direction which each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other. It is a thing to be settled by convention. If civil society be the offspring of convention, that convention must be its law. That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislature, judicial, or executory power, are its creatures. They can have no being in any other state of things; and how can any man claim, under the conventions of civil society, rights which do not so much as suppose its existence ?-rights which are absolutely repugnant to it? One of the first motives to civil society, and which becomes one of its fundamental rules, is, that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that is, to judge for himself, and to assert his own cause. He abdicates all right to be his own governor. He inclusively, in a great measure, abandons the right of self-defence, the first law of nature. Men cannot enjoy the rights of an uncivil and of a civil state together. That he may obtain justice, he gives up his right of determining, what it is in points the most essential to him. That he may secure some liberty, he makes a surrender in trust of the whole of it. Government is not made in virtue of natural rights, which may and do exist in total independence of it; and exist in much greater clearness, and in a much greater degree of abstract perfection; but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves; and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances, and admit of infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle. The moment you abate anything from the full rights of men, each to govern himself, and suffer any artificial, positive limitation upon those rights, from that moment the whole organization of government becomes a consideration of convenience. This it is which makes the constitution of a state, and the due distribution of its powers, a matter of the most delicate and complicated skill. It requires a deep knowledge of human nature and human necessities, and of the things which facilitate or obstruct the various ends, which are to be pursued by the mechanism of civil institutions. The state is to have recruits to its strength, and remedies to its distempers. What is the use of discussing a man's abstract right to food or medicine? The question is upon the method of procuring and administering them. In that deliberation I shall always advise to call in the aid of the farmer and the physician, rather than the professor of metaphysics. The science of constructing a commonwealth, or renovating it, or reforming it, is, like every other experimental science, not to be taught à priori. Nor is it a short experience that can instruct us in that practical science; because the real effects of moral causes are not always immediate; but that which in the first instance is preju |