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fon for this, appears almost impoffible. The ge nerality of the people in America, especially the poor, are more able to pay taxes, than the generality of people, either in France or England, and perhaps under any monarchical government in the world.

The cafe is, that the reprefentative fyftem, diffuses fuch a body of knowledge throughout a nation on the subject of government, as to explode ignorance, and preclude impofition. The craft of courts cannot be acted on that ground. There is no place for mystery-no where for it to begin. Those who are not in the reprefentation, know as much of the nature of business, as those who are. An affectation of myfterious importance would there be fcouted. Nations can have no fecrets-and the fecrets of Courts, like thofe of individuals, are always their defects.

In the reprefentative fyftem, the reason for every thing muft publicly appear. Every man is a proprietor in government, and confiders it a neceffary part of his business to understand. It concerns his intereft, because it affects his property. He examines the cost, and compares it with the advantages; and, above all, he does not adopt the flavish custom of following what, in other governments, are called LEADERS.

It can only be blinding the understanding of man, and making him believe that government is fome

fome wonderful myfterious thing, that exceffive revenues are obtained. Monarchy is well calculated to enfure this end. It is the popery of government—a thing kept up to amuse the ignorant, and quiet them into taxes.

The government of a free country, properly speaking, is not in the perfons, but in the laws. The enacting of those requires no great expence; and, when they are adminiftered, the whole of civil government is performed-the rest is all court contrivance.

CHAP. VIII. 1

OF CONSTITUTIONS.

THAT men mean distinct and separate things, when they speak of Conftitutions and of Governments, is evident; or why are thofe terms diftinctly and feparately used? A Conftitution is not the act of a government, but of a people conftituting a government; and government without a Conftitution, is power without a right.

All power exercised over a nation, must have fome beginning. It must be either delegated or affumed: there are no other fources. All delegated power is truft; and all affumed power is ufurpation. Time does not alter the nature and quality of either.

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In

In viewing this fubject, the cafe and circumftances of America prefent themselves, as in the beginning of a world; and our enquiry into the origin of government is fhortened, by referring to the facts that have arifen in our own day. We have no occafion to roam for information into the obfcure field of antiquity, nor hazard ourselves upon conjecture. We are brought at once to the point of feeing government begin, as if we had lived in the beginning of time. The real volume, not of history, but of facts, is directly before us, unmutilated by contrivance, or the errors of tradition.

I will here, concifely, ftate the commencement of the American Conftitutions, by which the difference between conftitutions and governments will fufficiently appear.

It may not be improper to remind the reader that the United States of America consist of thirteen separate States; each of which eftablished a government for itself, after the declaration of independence. Each State acted independently of the reft, in forming its government; but the fame general principle pervades the whole. When the feveral state-governments were formed, they proceeded to form the federal government, that acts over the whole in all matters which concern the interest of the whole, or which relate to the intercourfe of the feveral States with each other, or

with

with foreign nations. I will begin with giving an inftance from one of the state-governments that of Pennsylvania-and then proceed to the federal government.

The State of Pennsylvania, though nearly of the fame extent of territory as England was, then, divided into only twelve counties. Each of thofe counties had elected a committee at the commencement of the difpute with the English Government; and, as the city of Philadelphia, which also had its committee, was the moft central for intelligence, it became the centre of communication to the feveral county committees. When it became neceffary to proceed to the formation of a government, the committee of Philadelphia propofed a conference of all the county committees, to be held in that city, and which meeting did take place.

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Though these committees had been elected by the people, they were not elected expressly for the purpose, nor invefted with the authority of forming a Constitution; and, as they could not, confiftently with the American idea of rights, affume fuch a power, they could only confer upon the matter, and put it into a train of operation. The Conferees, therefore, did no more than state the cafe, and recommend to the several counties to elect fix reprefentatives for each county, to meet in convention at Philadelphia, with powers to form a Confti

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a Constitution, and propose it for public confideration.

This convention having met and deliberated, and agreed upon a Conftitution, they next ordered it to be published, not as a thing established, but for the confideration of the whole people, their approbation or rejection, and then adjourned to a ftated time. When the time of adjournment was expired, the convention re-affembled; and, as the general opinion of the people in approbation of it was then known, the Conftitution was figned, fealed, and proclaimed on the authority of the people, and the original inftrument depofited as a public record. The convention then appointed a day for the general election of the reprefentatives who were to compofe the Government, and the time it should commence; and, having done this, they diffolved, and returned to their feveral homes and Occupations.

In this Conftitution were laid down, first, a Declaration of Rights. Then followed the form which the Government fhould have, and the powers it should poffefs; the authority of the courts of judi- cature, and of juries; the manner in which elections fhould be conducted, and the proportion of reprefentatives to the number of electors; the time which each fucceeding affembly fhould continue, which was one year; the mode of levying and of ac

counting