stipulated d agreed, that certain classes of persons, which classes should be accessible to all, should have greater powers, or should be exempted from certain public burthens. There is nothing unfair or unequal in this, in reality.

Neither would it be a violation of this principle, if a law should be passed, making men liable to certain common burthens for the benefit of society, as soon as they arrive at a certain age, and to exempt them from such burthens, as soon as they arrived at a certain other age, as in the case of military service. Because the law is general in its application, and the difference of condition occasioned by it, is merely temporary. Since every inan, however aged, has once been young; and the young, if they live, will certainly arrive at an age, at which they too will in like manner be exempted. But, it would be a violation of this principle, if the legislature should attempt to alter by law, the requirements of individuals made in the constitution in order to qualify them for the exercise of certain civil rights, either by adding to or taking from them; or, by imposing new conditions, or removing old ones. And therefore a disqualification of individuals by law, grounded on distinctions not recognized in the constitution, is a violation of this principle.

For the same reason, a sacrifice of the interests of particular individuals, or inhabitants of particular districts, either in favor of other individuals or classes, or, even in favor of the public at large, is a violation of this right. But the government is generally considered as having authority to apply private property to public uses, if an adequate compensation is made to the proprietor, especially in cases of great emergency.

Where the operation of a law is, to prefer one class of citizens over another, the question, whether the law is to be considered as a violation of the natural right of equality, will depend upon the previous question, whether this effect is one of the principal inducements to pass the law; in which case it is tyrannical, as emanating from an usurped power; or, whether, without having such inducement, the principal operation or effect of the law, is to give such a preference; in which case, it is unjust because unequal in its operation, and if con

tinued after notice of its effects, is also arbitrary and oppressive; or whether this unequal effect was wholly 'overlooked by the legislature, and is a necessary attendant upon some great public advantage, the obtaining of which, was the sole object which the legislature had in view in the passing of the law; in which case, it will be no violation of private right. But, as one class of citizens ought not to be sacrificed for the benefit of another, or, even of the public, the latter, out of the great advantage which they derive from the law, ought to make satisfactory compensation to those persons, who are sufferers by its enactment; the loss to be ascertained by impartial appraisers or assessors. If the public are not willing to make this compensation, the wrong to the property of the suffering class or individuals, is neither more nor less than a robbery under pretence of law. But, if the public cannot afford, out of the benefit which they derive from the passage of such law, to make such compensation, it is conclusive proof, that the law is inexpedient as well as unjust; since it will occasion more disadvantage than benefit. Where the principal operation of a law is to give a preference to one class of citizens over another, this is not a case for compensation; but is a direct violation of the right of equality, to be waived by the injured class alone. As soon as this effect is ascertained, therefore, the law should be immediately repealed.

5. The right of freely discussing public measures, &c.. Another right, which, it must necessarily be presumed, the people mean to reserve to themselves in every free elective government, is that of discussing the qualifications and characters of all candidates for public offices, who consent to stand for them, as well as the character, conduct, and general measures of all public officers. This subject will be considered more at large in Part II. Chapters 1 and 2.

But in governments so framed, that misconduct in the chief ruler or magistrate, does not by their constitutions, involve his disqualification for office, or his removal from it, whether it be elective or hereditary, it would be of no advantage to the people, for each citizen to have a right to comment harshly upon him, for the purpose of bringing him into hatred

or contempt with the people; since it could have but little tendency to correct public grievances, but might lead to public disorders and disturbances, and thus, instead of removing evils, might aggravate some and occasion others. For, it would be impossible to prevent the right of animadversion on the conduct of a bad prince, from being perverted to an unjust vituperation of the character and conduct of an excellent one. On the contrary, is it not very possible, that under a good prince, there might be thousands of factious demagogues, who, under the pretence of patriotism, the public good, and freedom and the rights of man, and other topics of popular declamation, might asperse and vilify their rulers; while under a cruel and merciless tyrant, whose public life was a disgrace to human nature, and whose administration of public affairs, was impolitic, unjust and ruinous, those same pretended patriots, from fear would have remained in perfect silence and perhaps have been most conspicuous for abject sycophancy and fawning servility? Under all arbitrary governments, therefore, seditious speeches and writings are considered but little short of treason, to which they directly tend.

6. The right of petition and remonstrance. Another right retained by the people in all free governments, and which it is believed, is seldom denied under the most arbitrary and tyran nical, is that of representing to the government any particular

1 Such conduct is perfectly natural, when it is considered, that demagogues and false patriots are actuated by the same motives, as the courtiers and flatterers of kings. For, it is to power, wherever placed, that each class equally bows. In monarchies, they are induced to pay court to the opinions and wishes of the king, if they would rise to employment in the state. With the same object in view, in democracies, they suffer neither honor, conscience, truth, justice, decency, nor religion, to stand in competition with popular notions, prejudices, or selfish interests. With such, the voice of the people, right or wrong, is the voice of God; and whatever is unpopular, is unpardonable. If they have sagacity enough to foresee in what direction the majority of the people will incline, it is there such persons will always be found, justifying or recommending in advance, measures which the people would blush to commit individually, as private citizens; and, instead of using the information which a superior education has given them, in endeavoring to remove popular errors, mistakes and prejudices, and settling the public opinion on true principles of religion, justice and morality, prostituting their superior advantages and influence, in confirming such errors, opinions and prejudices, rather than incur the risk of the displeasure of the people, by attempting to set them right.

evil or grievance, which the petitioner suffers from any law or other public measures, and requesting its removal, or that suitable compensation be made him for the damage, which he sustains in consequence of it. It should not be considered any infringement of this right, that the petition should be made in decent and respectful terms, however contrary it may seem to the opinions of those persons, who from a mistaken idea of the true principles of democracy, think there can be no freedom, where the private citizens may not affront and insult with impunity their superiors in office.

7. The right to reform the government. On this critical and dangerous subject, it seems difficult to establish any certain principles of general application, which will not be liable to be abused and misapplied, and which consequently may not involve in their operation, if injudiciously carried into practice, the most lamentable and disastrous results. A profound historian indulging in some reflections upon the American Revolution, makes the following observations. To overset an established government, unhinges many of those principles which bind individuals to each other. A long time and much prudence, will be necessary to reproduce a spirit of freedom, without which, society is a rope of sand. The right of the people to resist their rulers, when invading their liberties, forms the corner stone of American Republics. This principle, though just in itself, is not favorable to the tranquillity of present establishments. The maxims and measures, which in the years 1774 and 1775, were successfully inculcated and adopted by American patriots, for oversetting the established government, will answer a similar purpose, when recurrence is had to them by factious demagogues for disturbing the freest governments that were ever devised.'

It should not be overlooked, though it may seem to imply a contradiction in terms, that the strict enforcement or assertion of our most perfect rights, under peculiar circumstances may sometimes constitute a crying sin, as being a violation of some duty, which though of the strongest obligation in a religious and moral point of view, is usually called or defined a duty of imperfect obligation, because those persons who are the objects of it, have no right themselves to compel its per

formance. This is true in relation to our rights in a state of nature, and towards individuals; and is equally so in relation to our civil and political rights in a state of society, and towards the public. But, in the latter case, the consequences may be infinitely more disastrous, and wholly remediless. The following remarks are to be taken, subject to this qualification.

No government can have any legitimate foundation but in the good of the people; for, the people were not made to be governed for the interest or pleasure of the rulers; but rulers were set up and established to protect the people, and direct them by salutary laws and regulations, in the pursuit of their welfare and true interests. Where the people have good sense, and the virtues of self-denial, and the love of justice, as a nation, so as to know how to redress their wrongs on other nations, if any should be offered, and so as to be contented to do without, what they cannot gain without wrong to others, they have no need of arbitrary rulers, whose powers, in a political point of view, originate with themselves. But, if they have not this good sense and these virtues, they will soon fall a prey to usurpation, as a punishment for their folly and injustice. What nations have, and what nations have not, this intelligence and these virtues to a sufficient extent, may be conjectured, but can only be certainly determined by experience. To think so, and to be able to do it, are different things. To overthrow a monarchy is one thing; to establish a permanent, free, popular government is another. The characteristic qualities of a people, which may lead them to the former, are not of themselves sufficient to enable them to effect the latter. The form of general government established by American sages, though most admirable, is not perfect; and will stand no longer than while a portion of the same wisdom, patriotism and disinterestedness, which actuated them, shall continue to animate the public councils.

Governments were established at first, in days of ignorance violence and injustice. In most cases the strong, crafty and bold, reduced the weak, timorous, simple and defenceless to a state of subjection. The latter, in this way, became slaves to the former, in the first instance; and afterwards, by a grad