their own right, and by the commons by their representatives, both being assembled in convention expressly to meet the exigency. "For," says Blackstone, "whenever a question arises between the society at large, and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of that society itself. There is not upon earth any other tribunal to resort to."[1]
§ 346. This was precisely the view entertained by the great revolutionary whigs in 1688. They did not declare the government dissolved, because the king had violated the fundamental laws and obligations of the constitution. But they declared, that those acts amounted to a renunciation and abdication of the government by him; and that the throne was vacant, and must be supplied by a new choice. The original contract with him was gone. He had repudiated it; and lost all rights under it. But these violations did not dissolve the social organization, or vary the existing constitution and laws, or justify any of the subjects in renouncing their own allegiance to the government; but only to King James.[2] In short, the government was no more dissolved, than our own would be, if the president of the United States should violate his constitutional duties, and, upon an impeachment and trial, should be removed from office.
§ 347. There is no analogy whatsoever between that case, and the government of the United States, or the social compact, or original constitution of government- ↑ 1 Black. Comm. 211.
- ↑ 1 Black. Comm. 212, 213.—The same doctrines were avowed by the great whig leaders of the house of commons on the trial of Doctor Sacheverill, in 1709. Mr. Burke, in his Appeal from the New to the Old Whigs, has given a summary of the reasoning, and supported it by copious extracts from the trial.
