Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 155. It may be demanded here, What if the executive power, being
possessed of the force of the commonwealth, 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 trust placed in him, for the safety of the people, in
a case where the uncertainty and variableness of human affairs could not
bear a steady fixed rule: for it not being possible, that the first
framers of the government should, by any foresight, be so much masters
of future events, as to be able to prefix so just periods of return and
duration to the assemblies of the legislative, in all times to come,
that might exactly answer all the exigencies of the commonwealth; the
best remedy could be found for this defect, was to trust this to the
prudence of one who was always to be present, and whose business it was
to watch over the public good. Constant frequent meetings of the
legislative, and long continuations of their assemblies, without
necessary occasion, could not but be burdensome to the people, and must
necessarily in time produce more dangerous inconveniencies, and yet the
quick turn of affairs might be sometimes such as to need their present
help: any delay of their convening might endanger the public; and
sometimes too their business might be so great, that the limited time of
their sitting might be too short for their work, and rob the public of
that benefit which could be had only from their mature deliberation.
What then could be done in this case to prevent the community from being
exposed some time or other to eminent hazard, on one side or the other,
by fixed intervals and periods, set to the meeting and acting of the
legislative, but to intrust it to the prudence of some, who being
present, and acquainted with the state of public affairs, might make use
of this prerogative for the public good? and where else could this be so
well placed as in his hands, who was intrusted with the execution of the
Public-domain text, read in full here on John Shaqi.
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