rts, have learned to speak only the primitive language of
the law, and not the confused jargon of their Babylonian pulpits.
As he is not to obey us, but we are to obey the law in him, our
Constitution has made no sort of provision towards rendering him, as a
servant, in any degree responsible. Our Constitution knows nothing of a
magistrate like the _Justicia_ of Aragon,--nor of any court legally
appointed, nor of any process legally settled, for submitting the king
to the responsibility belonging to all servants. In this he is not
distinguished from the commons and the lords, who, in their several
public capacities, can never be called to an account for their conduct;
although the Revolution Society chooses to assert, in direct opposition
to one of the wisest and most beautiful parts of our Constitution, that
"a king is no more than the first servant of the public, created by it,
_and responsible to it_."
Ill would our ancestors at the Revolution have deserved their fame for
wisdom, if they had found no security for their freedom, but in
rendering their government feeble in its operations and precarious in
its tenure,--if they had been able to contrive no better remedy against
arbitrary power than civil confusion. Let these gentlemen state who that
_representative_ public is to whom they will affirm the king, as a
servant, to be responsible. It will be then time enough for me to
produce to them the positive statute law which affirms that he is not.
The ceremony of cashiering kings, of which these gentlemen talk so much
at their ease, can rarely, if ever, be performed without force. It then
becomes a case of war, and not of constitution. Laws are commanded to
hold their tongues amongst arms; and tribunals fall to the ground with
the peace they are no longer able to uphold. The Revolution of 1688 was
obtained by a just war, in the only case in which any war, and much more
a civil war, can be just. "_Justa bella quibus_ NECESSARIA." The
question of dethroning, or, if these gentlemen, like the phrase better,
"cashiering kings," will always be, as it has always been, an
extraordinary question of state, and wholly out of the law: a question
(like all other questions of state) of dispositions, and of means, and
of probable consequences, rather than of positive rights. As it was not
made for common abuses, so it is not to be agitated by common minds. The
speculative line of demarcation, where obedience ought to end and
res
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