What has
been said seems a sufficient solution of this difficulty; but there is
another that follows: for it seems absurd that the power of the state
should be lodged with those who are but of indifferent morals, instead
of those who are of excellent characters. Now the power of election
and censure are of the utmost consequence, and this, as has been said,
in some states they entrust to the people; for the general assembly is
the supreme court of all, and they have a voice in this, and
deliberate in all public affairs, and try all causes, without any
objection to the meanness of their circumstances, and at any age: but
their treasurers, generals, and other great officers of state are
taken from men of great fortune and worth. This difficulty also may be
solved upon the same principle; and here too they may be right, for
the power is not in the man who is member of the assembly, or council,
but the assembly itself, and the council, and the people, of which
each individual of the whole community are the parts, I mean as
senator, adviser, or judge; for which reason it is very right, that
the many should have the greatest powers in their own hands; for the
people, the council, and the judges are composed of them, and the
property of all these collectively is more than the property of any
person or a few who fill the great offices of the state: and thus I
determine these points.
The first question that we stated shows plainly, that the supreme
power should be lodged in laws duly made and that the magistrate or
magistrates, either one or more, should be authorised to determine
those cases which the laws cannot particularly speak to, as it is
impossible for them, in general language, to explain themselves upon
everything that may arise: but what these laws are which are
established upon the best foundations has not been yet explained, but
still remains a matter of some question: but the laws of every state
will necessarily be like every state, either trifling or excellent,
just or unjust; for it is evident, that the laws must be framed
correspondent to the constitution of the government; and, if so, it is
plain, that a well-formed government will have good laws, a bad one,
bad ones.
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