house of commons, relative to the Middlefex election; and the confequent illegality of an impofition, levied on a county in which the people were not duly reprefented. His conduct, on this occafion, was influenced by no fordid motives, and proceeded folely from a patriotic zeal to fecure the rights of election. Yet a jury of Middlesex men gave a verdict against him, without fcruple or hefitation. And their decifion was reasonable and proper, because the bonds of the state are not to be rafhly loofened by every temporary error or misconduct of statesmen. Candid allowances will and ought to be made for the paffions, prejudices, and imperfections incident to our governors, provided their general conduct evinces wisdom and rectitude. Indeed there is fo much veneration for power, fo great a fear of present fuffering, and fuch habitual regard to the forms of civil jurifdiction in the bulk of the people, that maxims of paffive obedience are not neceffary to their fubjection; whilst they are highly injurious to their rulers; of which the history of the Stuarts affords the fulleft evidence. (D) For the temptations to abuse power are, at all times, greater than thofe of oppofition to it; and the abufe is attended with more permanent evils to fociety. An equitable and well established legislature can, therefore, be under no neceffity of inflicting heavy penalties on breaches of the laws of

revenue;

revenue; and punishments of a different nature are seldom, if ever, to be juftified. We read, with horror, that in the empire of Japan, death is inflicted on the fmuggler. And our fentiments of equity and humanity are almost equally shocked with the account given by M. Necker, that more than three hundred men, of the province of Bretagne alone, are annually configned to flavery in the gallies of France, for carrying on an illicit commerce in the two articles of falt and tobacco. The truth is, this political crime makes little. impreffion on the moral feelings of the mind, till its nature, extent and confequences have been examined and recognized by reason. And to fuch investigation the generality of men have neither leisure nor ability to apply themselves. Turpitude in human actions is marked either by the grofs defect of good principles, or the prevalence of bad ones. Fraud, dishonesty, perfidy, and cruelty neceffarily involve in them a consciousness of guilt; and, therefore, indicate a mind devoid of rectitude, or overborne by the predominance of malignant paffions. But the retention of what is the acknowledged property of the individual, before it is claimed by the state, though, at all times culpable, and deferving of punishment, in ordinary cafes, when the nature of the obligation is not fufficiently understood, implies no high degree of crimina

C 2

lity.

lity. And he, who avails himself; without the fcruples which he ought to feel, of the carelefness or mistake of a tax-gatherer, to evade the proportional payment exacted from his neighbors, would blush to take advantage of the tradefman, who, by fimilar carelesness or mistake, hath omitted, in his bill, fome part of the debt which is owing to him. But, when invafion threatens a country, or public calamity calls forth the exertions of every member of the state, the fentiments of the mind being reversed, breach of allegiance, under fuch circumstances, would be deemed almost equal to the crime of parricide. We may illuftrate this obfervation by a cafe in military fervice, with refpect to our feelings, fomewhat parallel. No one, but the officer on guard, would punish the fleeping centinel with feverity, during the season of peace. But, on fome critical and very important conjuncture, in time of war, the fame offence would merit death, in the estimation of the most humane fpectator. To eftablifh a fcale of crimes, with exact precifion, fo as to affign to each its due degree of punishment, is beyond the extent of human ability; and can be accomplished only by the omnifcient Searcher of hearts. But the penal

* On this fubject confult Montefquieu, Beccaria, Black stone, Lord Kaims, Dr. Adam Smith, &c.

laws

laws of government should be founded on a like discrimination, so far as it is practicable, clear, and obvious; and, in all doubtful cafes, fhould incline more to mildnefs than feverity. For it is juftly obferved, in the preamble of the ftatute before referred to, that laws, made for the prefervation "of the commonwealth, without great penalties, " are more often obeyed and kept, than laws made " with extreme punishments."

I have thus endeavored, with great brevity, to trace the origin, to explain the principles, and to determine the extent of a duty, which, though effential to the being of fociety, and of equal importance to the governors and governed, in every community, has not hitherto, I believe, received a fpecific denomination in any language. Nothing tends more to the establishment of just authority, than the free and temperate investigation of the reasons on which it is founded. And, from what has been advanced, I prefume, it may be inferred, that a tax can be of no moral obligation, when the claim to allegiance is abfolutely forfeited; that it is of imperfect obligation from mere general allegiance; and that, to give it full and complete validity, it fhould be A LEVY MADE ON THE COM

MUNITY, BY LAWFUL AUTHORITY; ACCORDING TO PRESCRIBED FORMS; IN AN EQUITABLE MODE AND PROPORTION; and FOR THE PUBLIC WEAL.

In Britain, the LAWFUL AUTHORITY, competent to impofe a fubfidy, can only be that of the king, lords, and commons, in parliament affembled. The king is reprefentative of the majesty of the people, from them he derives his dignity; to their deputies, his minifters and counsellors are amenable; and his prerogatives* confift only in a difcretionary power of doing good. And, if the regal office be a delegation, the peerage, which flows from it, muft participate of its nature. The three eftates, therefore, though in different modes of truft, feverally and collectively, act in behalf of, and are virtually responsible to the community; who poffefs, and frequently exercise, towards each of them, the right of petition and remonftrance, But much circumfpection is required in applying practically the ideas of REPRESENTATION to the regal and ariftocratical branches of our conftitution. These indeed are delegates, "but in a qualified fenfe; and fhould be reforted to only, in this view, on preffing emergencies. For the commons are the deputed guardians of the people's rights; commiffioned, by them, to act according to, and to exprefs their united fuffrage; and renewing their truft and accountablenefs, on every fucceffive election. It is derogatory, therefore, of their importance and dignity, and

Locke, Blackftone,

muft