Page:Notes on the State of Virginia (1802).djvu/189

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NOTES ON VIRGINIA.
175

ſuch can be produced. Is it from any principle in our new conſtitution expreſſed or implied? Every lineament of that expreſſed or implied, is in full oppoſition to it. Its fundamental principle is, that the ſtate ſhall be governed as a commonwealth. It provides a republican organization, proſcribes under the name of prerogative the exerciſe of all powers undefined by the laws; places on this baſis the whole ſyſtem of our laws; and by conſolidating them together, chuſes that ſhould be left to ſtand or fall together, never providing for any circumſtances, nor admitting that ſuch could ariſe, wherein either ſhould be ſuſpended, no, not for a moment. Our ancient laws expresſly declare, that thoſe who are but delegates themſelves ſhall not delegate to other powers which require judgment and integrity in their exerciſe.—Or was this propoſition moved on a ſuppoſed right in the movers of abandoning their poſts in a moment of diſtreſs? The ſame laws forbid the abandonment of that poſt, even on ordinary occaſions: and much more a transfer of their powers into other hands and other forms, without conſulting the people. They never admit the idea that theſe, like ſheep or cattle, may be given from hand to hand without an appeal to their own will.—Was it from the neceſſity of the caſe? Neceſſities which diſſolve a government, do not convey its authority to an oligarchy or a monarchy. They throw back, into the hands of the people, the powers they had delegated, and leave them as individuals to ſhift for themſelves. A leader may offer, but not impoſe himſelf nor be impoſed on them. Much leſs can their necks be ſubmitted to his ſword, their breath to be held at his will or caprice. The