He tells them, and he
tells the world to come, that a certain body of men who existed a
hundred years ago made a law, and that there does not exist in the
nation, nor ever will, nor ever can, a power to alter it. Under how
many subtilties or absurdities has the divine right to govern been
imposed on the credulity of mankind? Mr. Burke has discovered a new
one, and he has shortened his journey to Rome by appealing to the
power of this infallible Parliament of former days, and he produces
what it has done as of divine authority, for that power must
certainly be more than human which no human power to the end of time
can alter.
But Mr. Burke has done some service- not to his cause, but to his
country- by bringing those clauses into public view. They serve to
demonstrate how necessary it is at all times to watch against the
attempted encroachment of power, and to prevent its running to
excess. It is somewhat extraordinary that the offence for which James
II. was expelled, that of setting up power by assumption, should be
re-acted, under another shape and form, by the Parliament that
expelled him. It shows that the Rights of Man were but imperfectly
understood at the Revolution, for certain it is that the right which
that Parliament set up by assumption (for by the delegation it had
not, and could not have it, because none could give it) over the
persons and freedom of posterity for ever was of the same tyrannical
unfounded kind which James attempted to set up over the Parliament
and the nation, and for which he was expelled. The only difference is
(for in principle they differ not) that the one was an usurper over
living, and the other over the unborn; and as the one has no better
authority to stand upon than the other, both of them must be equally
null and void, and of no effect.
From what, or from whence, does Mr. Burke prove the right of any
human power to bind posterity for ever? He has produced his clauses,
but he must produce also his proofs that such a right existed, and
show how it existed. If it ever existed it must now exist, for
whatever appertains to the nature of man cannot be annihilated by
man. It is the nature of man to die, and he will continue to die as
long as he continues to be born. But Mr. Burke has set up a sort of
political Adam, in whom all posterity are bound for ever. He must,
therefore, prove that his Adam possessed such a power, or such a
right.
The weaker any cord is, the less will it bear to be stretched, and
the worse is the policy to stretch it, unless it is intended to break
it. Had anyone proposed the overthrow of Mr. Burke's positions, he
would have proceeded as Mr. Burke has done. He would have magnified
the authorities, on purpose to have called the right of them into
question; and the instant the question of right was started, the
authorities must have been given up.
It requires but a very small glance of thought to perceive that
although laws made in one generation often continue in force through
succeeding generations, yet they continue to derive their force from
the consent of the living. A law not repealed continues in force, not
because it cannot be repealed, but because it is not repealed; and
the non-repealing passes for consent.
But Mr. Burke's clauses have not even this qualification in their
favour. They become null, by attempting to become immortal. The
nature of them precludes consent. They destroy the right which they
might have, by grounding it on a right which they cannot have.
Immortal power is not a human right, and therefore cannot be a right
of Parliament. The Parliament of 1688 might as well have passed an
act to have authorised themselves to live for ever, as to make their
authority live for ever. All, therefore, that can be said of those
clauses is that they are a formality of words, of as much import as
if those who used them had addressed a congratulation to themselves,
and in the oriental style of antiquity had said: O Parliament, live
for ever!
The circumstances of the world are continually changing, and the
opinions of men change also; and as government is for the living, and
not for the dead, it is the living only that has any right in it.
That which may be thought right and found convenient in one age may
be thought wrong and found inconvenient in another. In such cases,
who is to decide, the living or the dead?
As almost one hundred pages of Mr. Burke's book are employed upon
these clauses, it will consequently follow that if the clauses
themselves, so far as they set up an assumed usurped dominion over
posterity for ever, are unauthoritative, and in their nature null and
void; that all his voluminous inferences, and declamation drawn
therefrom, or founded thereon, are null and void also; and on this
ground I rest the matter.
We now come more particularly to the affairs of France. Mr. Burke's
book has the appearance of being written as instruction to the French
nation; but if I may permit myself the use of an extravagant
metaphor, suited to the extravagance of the case, it is darkness
attempting to illuminate light.
While I am writing this there are accidentally before me some
proposals for a declaration of rights by the Marquis de la Fayette (I
ask his pardon for using his former address, and do it only for
distinction's sake) to the National Assembly, on the 11th of July,
1789, three days before the taking of the Bastille, and I cannot but
remark with astonishment how opposite the sources are from which that
gentleman and Mr.
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