ing the people of a state subject to a law, although the entire organ of their will should dissent therefrom. And if
self preservation requires that this entire popular mind,
should be able by its whole representative to repeal a law,
the reason is equally cogent to prove, that each of the distinct minds composing the union, should be able to exercise
the same power by its similar organ. A power which
holds another to law against its will, is dominant, and inequality or war must ensue.
The danger from making law by form, contrary to principle, is greatest to the popular mind. It ought to be less; because that is a natural being having natural rights, whereas the states are artificial beings having artificial rights only. But law is the engine of usurpation upon natural rights, to which the factitious beings called aristocracies, constantly resort. The contest between artificial and natural rights is never equal. One band of these combatants may win rich and substantial booty; the other can win nothing. The reciprocity is as unequal in relation to the chance, as to the stake. The duration and small number of the Senate, affords room for more concert and dexterity, in procuring and sustaining laws favourable to factitious interests, than can be practised by the house of representatives against them.
A strict computation of chances is unnecessary to the argument. It is enough to shew, that out of an unprincipled form, the great social evils of disordering the equilibrium of the general government, and of quartering artificial burdens upon natural industry, may grow; and that these evils are unattended by a chance of equivalent benefits.
As law is the machine used by all factions and aristocracies of interest, for boarding and capturing both social and natural rights, an easy mode of recapture will discourage, whereas a difficult one excites efforts, never fraught with good to human happiness. An advertisement informing a nation, that whatever can be gotten by legal frauds shall be sacred, will tend as much to the encouragement of
