Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 158. Salus populi suprema lex, is certainly so just and
fundamental a rule, that he, who sincerely follows it, cannot
dangerously err. If therefore the executive, who has the power of
convoking the legislative, observing rather the true proportion, than
fashion of representation, regulates, not by old custom, but true
reason, the number of members, in all places that have a right to be
distinctly represented, which no part of the people however incorporated
can pretend to, but in proportion to the assistance which it affords to
the public, it cannot be judged to have set up a new legislative, but to
have restored the old and true one, and to have rectified the disorders
which succession of time had insensibly, as well as inevitably
introduced: For it being the interest as well as intention of the
people, to have a fair and equal representative; whoever brings it
nearest to that, is an undoubted friend to, and establisher of the
government, and cannot miss the consent and approbation of the
community; prerogative being nothing but a power, in the hands of the
prince, to provide for the public good, in such cases, which depending
upon unforeseen and uncertain occurrences, certain and unalterable laws
could not safely direct; whatsoever shall be done manifestly for the
good of the people, and the establishing the government upon its true
foundations, is, and always will be, just prerogative, The power of
erecting new corporations, and therewith new representatives, carries
with it a supposition, that in time the measures of representation might
vary, and those places have a just right to be represented which before
had none; and by the same reason, those cease to have a right, and be
too inconsiderable for such a privilege, which before had it. ’Tis not a
change from the present state, which perhaps corruption or decay has
introduced, that makes an inroad upon the government, but the tendency
of it to injure or oppress the people, and to set up one part or party,
with a distinction from, and an unequal subjection of the rest.
Whatsoever cannot but be acknowledged to be of advantage to the society,
and people in general, upon just and lasting measures, will always, when
done, justify itself; and whenever the people shall chuse their
representatives upon just and undeniably equal measures, suitable to the
original frame of the government, it cannot be doubted to be the will
and act of the society, whoever permitted or caused them so to do.
CHAPTER. XIV.
OF PREROGATIVE.
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