The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-08-20

and OF people Wherever the powers to be exer csed
are not expressly defined, and the legitimate objects
OF those powers expressly pointed out; with given
degree OF tendency towards abuse in the rulers the
character OF the government viii depend on that of
the particular peoPle,-on the ideas which prevail
among that people OF what po~o-s ought TO be ex
crcised, and what ends they ought to be APPLIED
and on the other hand, the greatest possible degr.
OF oppress,on which will be tolerated by Them being
Determined BY the character Of the people; the ex
tent, within chat degree. which oppression will be
carrisaSSePends on the peisonal qualities of the par
icolaNRes The character of every arbitrary gov
eminent always las been, aud, from the nature of
man, always mast be, compound or public opinion
The ideas entertained by the governed, about
proper objects and the proper of government
and ofthc qualities moral and Intellectual Of the ru
'efs From these data, whatever be the name OF the
government or the GNes Of its officers may its cha
racter be deduccd, with very satisfactory degree OF
accuracy may it be ascertaned how near it ap
Proaehes, or how far it departs from, the objects OF
all government From these data could be deduced,
with near approach to accuracy, the char acter Of
any government, at any period. In the fifth centu-
ry, from that Of the manly and free Saxon on the
Baltic ITO that Of the elTcinnate aud cnsayed Ro
ma" on the Eosphorus and in the ninete enth from
that OF the erect and independent elector and Juror
VI westminster: to that OF the prostr worshipper
OIL the Sultan and the bow string, Of Constantine
pie Or all these nations, the government was and
u.s. a'0rdy; that is to say, not expressly defined
In each oil them there was, and there is, a point,
(and that point Grea by pa6ic opinion, and fuctu
dfns with P"0lic Opmion) to .shich abuse Of the
power OF government would be tolerated, but be
yond which it would be resisted: and, within this
limit, the character Of the government would de.
pend on the accidental qualities of the individ.
uals into whose hand, chance might throw i,+
Du' p"ohc oIfaion is, at best, but imperfect
censor over government. In the most enlightened
community, the ideas of the mass, on is proper
ENDS and means, are necessarily few, vague and i'm
perfect. ~ small number Of great landmarks NAV
be fixed in their minds between the ,ipM and the
trrong exercise of power but these ks are
at best, rough and inaccurate; and even such as
they are, so long as their permanence depends on
on the vague and ever iuctuating IDEAS OF the peo
PIE they also will be vague and fluctuatng.-
80 long as the established powers of government are
not expressly Gsfned; and the people trust their
own knowledge of its proper limits for keeping il
within bounds It never can be properly restr
Fortunately however, there is a wiser course thf
TINS, that every people who tpiH, can pursue. I'll
course is marked out by the folio wing truth, viii
sine basis OF a form OF government, first attemH
IN ms community, the conception of which is "A
badly destined to prove the most important to
welfare OF man, that was ever brought forth by
intellect with which his creator has gifted him
This truth is that is iascpara6Ie from tie rerv
'aea o. government, that IT'S ENDS, and consequent
fyMe POWERS necessary TO attain those ends, are
| Susceptible or definition. To say that any power
ought to exist within state is really to say that
there are certain ends, the attainment whereo is,e
qnired by the welfare Of the state and REQUIRES that
power.
The plan Of government founded on it is this In
stead Of committing a vague, underlined mower of
government the first step of the people is consti
'u'e body Tor the sole purpose Of defining what
powers shall be exercised what ends they shall be
applied TO; and how the individuals to whom they
shall be entrusted, shall be designated This form
OF government is the CONSTITUTIONAL
IL is the greatest safeguard of the happiness of
nations ever devised indeed, it renders OF casv
attainment degree of perfection in government
which, without 1t, was impossible. In no nation are
the people acquitted with the minute of govern
ment; and, in nation, under the arbit,ar form
can pubic opinion guard the people excep, from the
very Syossest and most int oerabic abuses Ruf,hc
constitutional form plants between the powers which
ought and those which ought not to be exercised.
between the ends which should and those which
IL might at first be supposed that / had los,
slSh OF the very important effect which narticnIr
forms and laws really have on the character of 100
N''he"'S' OUT tnlS IS not The case. IL he
collected that am speaking Of the ar6ifrnrv form
OF government, OF governments where the nc..o,.
&c are not strictly defined In sncn eovernmcnts
II is obvious that if any of the established Laws mr.
forms ahcct The character OF the government. IN
o'neT words are IN the way of the rulers: thew
would be Immediately repealed and abolished. bn,
or the prot ecion Of pubic opinion The great use
uhaer an arbitrary government, OF such good Ia ws
aho happy forms as chance to be once ordained -
'hat from that Time, they as land matLs In Il;
,ec' public opinion Every such law, once es,ah
shed and understood by the people becomes from
mat moment, stronghold OF liberty, into which
puohc opinion Immediately throws itself and which
'he rulers no longer dare 10 demolisb IL is moi as
1dio, THAT 1t rs useful to the cause OF Gbertv bnt
as an iaed added TO the stock which NH
"c oP'nfoH IL rs not as lars that the TsI.I nv m
nv and the HABEAs CORPUS are so valuabIe IN Eno
ishnen; TIT were only as laws, those laws wouid
long ago have been repealed but as n mari nj nbI;c
opiH'on, as part OF the ideas which EneIi.hnfn moo
ses: with regard to what government on hit tn he
ms IS he great service which which those l,ws
csmmonly termed the BRTTtsH CoNsrtrurIos
nave rendered to the people of Bltain, and to man
KIND a constitution, in the sense which in ,b;s
essay &c anneGes 20 trr word, they do not possc.s
The dr61tTary form Of gov crnmept prevails ~ IT.,
island By the avowcd theory Ct their poy .rnnnrn,
their parliament, (tbe body in whom the inmedafe
direction is vested,) is above all controi om.,yn
Test: This is the theory. but not the fact and !,
IS the fact 1otoherc The true STATE Of the cas-. :;
Il.l ..l Il.