ical
disquisition is not absolute, but comparative good. Of two systems of
government, or two laws relating to the same subject, neither will ever
be such as theoretical nicety would desire, and, therefore, neither can
easily force its way against prejudice and obstinacy; each will have its
excellencies and defects; and every man, with a little help from pride,
may think his own the best.
It seems to be the opinion of many, that expulsion is only a dismission
of the representative to his constituents, with such a testimony against
him, as his sentence may comprise; and that, if his constituents,
notwithstanding the censure of the house, thinking his case hard, his
fault trifling, or his excellencies such as overbalance it, should again
choose him, as still worthy of their trust, the house cannot refuse him,
for his punishment has purged his fault, and the right of electors must
not be violated.
This is plausible, but not cogent. It is a scheme of representation,
which would make a specious appearance in a political romance, but
cannot be brought into practice among us, who see every day the towering
head of speculation bow down unwillingly to groveling experience.
Governments formed by chance, and gradually improved by such expedients,
as the successive discovery of their defects happened to suggest, are
never to be tried by a regular theory. They are fabricks of dissimilar
materials, raised by different architects, upon different plans. We must
be content with them, as they are; should we attempt to mend their
disproportions, we might easily demolish, and difficultly rebuild them.
Laws are now made, and customs are established; these are our rules, and
by them we must be guided.
It is uncontrovertibly certain, that the commons never intended to leave
electors the liberty of returning them an expelled member; for they
always require one to be chosen in the room of him that is expelled, and
I see not with what propriety a man can be rechosen in his own room.
Expulsion, if this were its whole effect, might very often be desirable.
Sedition, or obscenity, might be no greater crimes in the opinion of
other electors, than in that of the freeholders of Middlesex; and many a
wretch, whom his colleagues should expel, might come back persecuted
into fame, and provoke, with harder front, a second expulsion.
Many of the representatives of the people can hardly be said to have
been chosen at all. Some, by inheriting a
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