f the person or party be
disposed.

The right of the legislature to ordain laws binding on the people, gives
them a power to make bad laws.

The right of the judge to inflict punishment, gives him both power and
opportunity to oppress the innocent; yet none but crazy men will from
thence determine that it is best to have neither a legislature nor judges.

If a power to promote the best interest of the people, necessarily implies
a power to do evil, we must never expect such a constitution in theory as
will not be open in some respects to the objections of carping and jealous
men. The new Constitution is perhaps more cautiously guarded than any
other in the world, and at the same time creates a power which will be
able to protect the subject; yet doubtless objections may be raised, and
so they may against the constitution of each state in the union. In
Connecticut the laws are the constitution by which the people are
governed, and it is generally allowed to be the most free and popular in
the thirteen states. As this is the state in which I live and write, I
will instance several things which with a proper coloring and a spice of
jealousy appear most dangerous to the natural rights of the people, yet
they have never been dangerous in practice, and are absolutely necessary
at some times to prevent much greater evil.

The right of taxation or of assessing and collecting money out of the
people, is one of those powers which may prove dangerous in the exercise,
and which by the new constitution is vested solely in representatives
chosen for that purpose. But by the laws of Connecticut, this power called
so dangerous may be exercised by selectmen of each town, and this not only
without their consent but against their express will, where they have
considered the matter, and judge it improper. This power they may exercise
when and so often as they judge necessary! Three justices of the quorum
may tax a whole county in such sums as they think meet, against the
express will of all the inhabitants. Here we see the dangerous power of
taxation vested in the justices of the quorum and even in selectmen, men
whom we should suppose as likely to err and tyrannize as the
representatives of three millions of people in solemn deliberation, and
amenable to the vengeance of their constituents, for every act of
injustice. The same town officers have equal authority where personal
liberty is concerned, in a matter more sacred than all the p