fect of popular tumults consists in this, that they discover to the insurgents the secret of their own strength, teach them to depend upon it against a future occasion, and both produce and diffuse sentiments of confidence in one another, and assurances of mutual support. Leagues thus formed and strengthened, may overawe or overset the power of any state; and the danger is greater, in proportion as, from the propinquity of habitation and intercourse of employment, the passions and counsels of a party can be circulated with ease and rapidity. It is by these means, and in such situations, that the minds of men are so affected and prepared, that the most dreadful uproars often arise from the slightest provocations.-When the train is laid, a spark will produce the explo

sion.

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CHAPTER III.

THE DUTY OF SUBMISSION TO CIVIL GOVERNMENT EXPLAINED.

THE subject of this chapter is sufficiently distinguished from the subject of the last, as the motives which actually produce civil obedience may be, and often are, very different from the reasons which make that obedience a duty.

In order to prove civil obedience to be a moral duty, and an obligation upon the conscience, it hath been usual with many political writers (at the head of whom we find the venerable name of Locke), to state a compact between the citizen and the state, as the ground and cause of the relation between them; which compact, binding the parties for the same general reason that private contracts do, resolves the duty of submission to civil government into the universal obligation of fidelity in the performance of promises. This compact is twofold:

First, An express compact by the primitive founders of the state, who are supposed to have convened for the declared

purpose of

settling the terms of their political union, and a future constitution of government. The whole body is supposed, in the first place, to have unanimously consented to be bound by the resolutions of the majority; that majority, in the next place, to have fixed certain fundamental regulations; and then to have constituted, either in one person, or in an assembly (the rule of succession, or appointment, being at the same time determined), a standing legislature, to whom, under these pre-established restrictions, the government of the state was thenceforward committed, and whose laws the several members of the convention were, by their first undertaking, thus personally engaged to obey.-This transaction is sometimes called the social compact, and these supposed original regulations compose what are meant by the constitution, the fundamental laws of the constitution: and form, on one side, the inherent, indefeasible prerogative of the crown; and, on the other, the unalienable, inprescriptible birthright of the subject.

Secondly, A tacit or implied compact, by all succeeding members of the state who, by accepting its protection, consent to be bound by its laws; in like manner as who

ever voluntarily enters into a private society is understood, without any other or more explicit stipulation, to promise a conformity with the rules and obedience to the govern ment of that society, as the known conditions upon which he is admitted to a participation of its privileges.

This account of the subject, although specious, and patronised by names the most respectable, appears to labour under the following objections: That it is founded upon a supposition false in fact, and leading to dan gerous conclusions.

No social compact, similar to what is here described, was ever made or entered into in reality; no such original convention of the people was ever actually holden, or in any country could be holden, antecedent to the existence of civil government in that country. It is to suppose it possible to call savages out of caves and deserts, to deliberate and vote upon topics which the experience, and studies, and refinements, of civil life, alone suggest. Therefore no government in the universe began from this original. Some imitation of a social compact may have taken place at a revolution. The present age has been witness to a transaction which bears

the nearest resemblance to this political idea, of any of which history has preserved the account or memory: I refer to the establishment of the United States of North America. We saw the people assembled to elect deputies, for the avowed purpose of framing the constitution of a new empire. We saw this deputation of the people deliberating and resolving upon a form of government, erecting a permanent legislature, distributing the functions of sovereignty, establishing and promulgating a code of fundamental ordinances, which were to be considered by succeeding generations, not merely as laws and acts of the state, but as the very terms and conditions of the confederation; as binding not only upon the subjects and magistrates of the state, but as limitations of power, which were to control and regulate the future legislature. Yet even here much was presupposed. In settling the constitution, many important parts were presumed to be already settled. The qualifications of the constituents who were admitted to vote in the election of members of congress, as well as the mode of electing the representatives, were taken from the old forms of government. That was wanting, from which every