le and organ of legislative
omnipotence. Without this, it may be a theory to entertain the mind, but
it is nothing in the direction of affairs. The completeness of the
legislative authority of Parliament _over this kingdom_ is not
questioned; and yet many things indubitably included in the abstract
idea of that power, and which carry no absolute injustice in themselves,
yet being contrary to the opinions and feelings of the people, can as
little be exercised as if Parliament in that case had been possessed of
no right at all. I see no abstract reason, which can be given, why the
same power which made and repealed the High Commission Court and the
Star-Chamber might not revive them again; and these courts, warned by
their former fate, might possibly exercise their powers with some degree
of justice. But the madness would be as unquestionable as the competence
of that Parliament which should attempt such things. If anything can be
supposed out of the power of human legislature, it is religion; I admit,
however, that the established religion of this country has been three or
four times altered by act of Parliament, and therefore that a statute
binds even in that case. But we may very safely affirm, that,
notwithstanding this apparent omnipotence, it would be now found as
impossible for King and Parliament to alter the established religion of
this country as it was to King James alone, when he attempted to make
such an alteration without a Parliament. In effect, to follow, not to
force, the public inclination,--to give a direction, a form, a technical
dress, and a specific sanction, to the general sense of the community,
is the true end of legislature.
It is so with regard to the exercise of all the powers which our
Constitution knows in any of its parts, and indeed to the substantial
existence of any of the parts themselves. The king's negative to bills
is one of the most indisputed of the royal prerogatives; and it extends
to all cases whatsoever. I am far from certain, that if several laws,
which I know, had fallen under the stroke of that sceptre, that the
public would have had a very heavy loss. But it is not the _propriety_
of the exercise which is in question. The exercise itself is wisely
forborne. Its repose may be the preservation of its existence; and its
existence may be the means of saying the Constitution itself, on an
occasion worthy of bringing it forth.
As the disputants whose accurate and logical reason
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