The Writings of Thomas Paine, Complete: With Index to Volumes I - IVPaine, Thomas
History
The Writings of Thomas Paine, Complete: With Index to Volumes I - IV
Paine, Thomas
Political science
But Mr. Burke has done some service--not to his cause, but to his
country--by bringing those clauses into public view. They serve to
demonstrate how necessary it is at all times to watch against the
attempted encroachment of power, and to prevent its running to excess.
It is somewhat extraordinary that the offence for which James II. was
expelled, that of setting up power by assumption, should be re-acted,
under another shape and form, by the Parliament that expelled him. It
shows that the Rights of Man were but imperfectly understood at the
Revolution, for certain it is that the right which that Parliament set
up by assumption (for by the delegation it had not, and could not
have it, because none could give it) over the persons and freedom of
posterity for ever was of the same tyrannical unfounded kind which James
attempted to set up over the Parliament and the nation, and for which he
was expelled. The only difference is (for in principle they differ not)
that the one was an usurper over living, and the other over the unborn;
and as the one has no better authority to stand upon than the other,
both of them must be equally null and void, and of no effect.
From what, or from whence, does Mr. Burke prove the right of any human
power to bind posterity for ever? He has produced his clauses, but he
must produce also his proofs that such a right existed, and show how it
existed. If it ever existed it must now exist, for whatever appertains
to the nature of man cannot be annihilated by man. It is the nature of
man to die, and he will continue to die as long as he continues to be
born. But Mr. Burke has set up a sort of political Adam, in whom all
posterity are bound for ever. He must, therefore, prove that his Adam
possessed such a power, or such a right.
The weaker any cord is, the less will it bear to be stretched, and the
worse is the policy to stretch it, unless it is intended to break it.
Had anyone proposed the overthrow of Mr. Burke's positions, he would
have proceeded as Mr. Burke has done. He would have magnified the
authorities, on purpose to have called the right of them into question;
and the instant the question of right was started, the authorities must
have been given up.
It requires but a very small glance of thought to perceive that although
laws made in one generation often continue in force through succeeding
generations, yet they continue to derive their force from the consent of
the living. A law not repealed continues in force, not because it cannot
be repealed, but because it is not repealed; and the non-repealing
passes for consent.
Public-domain text, read in full here on John Shaqi.
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