convened for the declared purpofe of fettling the terms of their political union, and a future constitution of government. The whole body is fuppofed, in the first place, to have unanimously consented, to be bound by the refolutions of the majority; that majority, in the next place, to have fixed certain fundamental regulations; and then to have conftituted, either in one person, or in an affembly (the rule of fucceffion or appointment being at the same time determined) a ftanding legislature, to whom, under these pre-established reftrictions, the government of the ftate was thenceforward committed, and whofe laws the feveral members of the convention were, by their firft undertaking, thus perfonally engaged to obey.—-This tranfaction is fometimes called the focial compact, and these supposed original regulations compose what are meant by the conftitution, the fundamental laws of the conftitution; and form on one side, the inherent indefeafible prerogative of the crown; and on the other, the unalienable birthright of the fubject.

Secondly, A tacit or implied compact, by all fucceeding members of the ftate, who, by accepting its protection, confent to be bound by its laws; in like manner as whoever voluntarily

enters into a private fociety, is understood, without any other or more explicit ftipulation, to promise a conformity with the rules, and obedience to the government of that fociety, as the known conditions, upon which he is admitted to a participation of its privileges.

This account of the subject, although specious, and patronized by names the most respectable, appears to labour under the following objections; that it is founded upon a fuppofition falfe in fact; and leading to dangerous conclufions.

No focial compact, fimilar to what is here defcribed, was ever made or entered into in reality; no fuch original convention of the people was ever actually held, or in any country could be held, antecedent to the existence of civil government in that country. It is to fuppofe it poffible to call favages out of caves and deferts, to deliberate and vote upon topics, which the experience, and ftudies, and refinements of civil life alone fuggeft. Therefore no government in the univerfe began from this original. Some imitation of a focial compact may have taken place at a Revolution. The prefent age has been witnefs to a tranfaction, which bears the nearest resemblance to this political idea,

of

of any of which history has preferved the account or memory. I refer to the establishment of the united states of North-America. We faw the people affembled to elect deputies, for the avowed purpose of framing the conftitution of a new empire. We faw this deputation of the people deliberating and refolving upon a form of government, erecting a permanent legislature, diftributing the functions of fovereignty, establishing and promulgating a code of fundamental ordinances, which were to be confidered by fucceeding generations, not merely as laws and acts of the ftate, but as the very terms and conditions of the confederation; as binding not only upon the fubjects and magiftrates of the ftate, but as limitations of power, which were to control and regulate the future legislature. Yet even here much was prefuppofed. In fettling the conftitution many important parts were presumed to be already fettled. The qualifications of the conftituents who were admitted to vote in the election of members of congress, as well as the mode of electing the reprefentatives, were taken from the old forms of government. That was wanting from which every focial union fhould fet off, and which alone makes the refolutions of the fociety the act of the individual,

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dividual, the unconftrained confent of all to be bound by the decifion of the majority; and yet, without this previous confent, the revolt, and the regulations which followed it, were compulfory upon diffentients.

But the original compact, we are told, is not propofed as a fact, but as a fiction, which furnishes a commodious explication of the mutual rights and duties of fovereigns and subjects. In answer to this representation of the matter we obferve, that the original compact, if it be not a fact, is nothing; can confer no actual authority upon laws or magiftrates, nor afford any foundation to rights, which are supposed to be real and exifting. But the truth is, that in the books, and in the apprehenfion of those who deduce our civil rights and obligations a pactis, the original convention is appealed to and treated of as a reality. Whenever the difciples of this system speak of the constitution; of the fundamental articles of the conftitution; of laws being conftitutional or unconftitutional; of inherent, unalienable, inextinguishable rights, either in the prince, or in the people; or indeed of any laws, ufages, or civil rights, as transcending the authority of the fubfifting legiflature, or poffeffing a force and fanction fu

perior to what belong to the modern acts and edicts of the legislature, they fecretly refer us to what paffed at the original convention. They would teach us to believe, that certain rules and ordinances were established by the people, at the fame time that they fettled the charter of government, and the powers as well as the form of the future legislature; which legiflature confequently, deriving its commiffion and existence from the confent and act of the primitive affembly (of which indeed it is only the standing deputation), continues fubject in the exercise of its offices, and as to the extent of its power, to the rules, refervations, and limitations which the fame affembly then made and prescribed to it.

"As the firft members of the state were bound

by exprefs ftipulation to obey the government "which they had erected, so the succeeding in"habitants of the fame country are understood "to promife allegiance to the conftitution and government they find established, by accepting its protection, claiming its privileges, and acquiefcing in its laws; more especially, by "the purchase or inheritance of lands, to the "poffeffion of which, allegiance to the state is "annexed, as the very service and condition of "the tenure." Smoothly as this train of argu