certain great fixed principles which
from time to time have been observed, through many ages, until their
observance has become a law, from which the government cannot depart,
and they take the form of maxims and rules."
"I think I understand what you mean; but to me everything is in
cloud-land, vague and shifting, and the fact that nobody has ever
attempted to put in writing these principles, or even to enumerate
them, leads one to doubt whether really there are such things. When
king, lords and commons are, in theory and practice, absolutely
omnipotent, I can't comprehend how there can be any other
constitution. When they enact a law, nobody can question it, nobody
can be heard against it; no court can pronounce it unconstitutional.
What may have been thought to be unconstitutional they can declare
to be law, and that ends it. So they can annihilate any one of the
so-called constitutional maxims. When a party in power wants to do a
thing, it is constitutional; when a minister or great noble is to be
got rid of, he is impeached for a violation of the constitution, and
constitutionally beheaded."
"Well," said the General, smiling, "but this, for instance: the great
palladium of British liberty, taxation, must be accompanied with
representation."
"Yes; that, if adhered to, would protect property and its owners;
but then it never has been carried out, even in England, while the
non-taxpayer is wholly out of its reach; and my recollection is, that
the constitutional violation of this palladium of the Constitution by
king, lords and commons, produced a lively commotion, some sixty-odd
years ago."
"Yes, I've heard of that; but the attempt to tax the colonies was
clearly unconstitutional; they were without representation in the
Parliament that enacted the law."
"But then, General, you are to remember that, according to Blackstone,
Parliament was and is, by the English Constitution, omnipotent. The
fact is, we took one part of the constitution, and George the other;
we kept our part, and all our land, and George maintained his, on his
island, strong as ever; and yet there, property-owners always have
been and always will be taxed, who do not vote. I fear that it will be
found that all the other maxims have from time to time suffered in the
same way."
"You must admit, however," said the General, "that the maxims in favor
of personal freedom have usually been adhered to in England proper."
"Yes, the sturdy eleme
|