History Of Methodist Reform, Volume I - Media Sabda Org

Art. 4th. As all men are essentially equal, in their rights, wants, and interests, it follows from
these, that representative government, is the only legitimate human rule, to which any people can
submit. It is the only kind of government that can possibly reconcile, in any consistent way, the
claims of authority, with the advantages of liberty. A prescriptive legislative body, making laws
without the knowledge or consent of the people to be governed by them, is a despotism. Legislators
without constituents, or peers and fellows, deputing them, as their representatives and actors — thus
constituting themselves a legislature beyond the control of the people, is an exhibition of tyranny in
one of its most dangerous forms. In the momentous affairs of government, nothing should be made
the exclusive property of a few, which by right, belongs to all, and may be safely and advantageously
used by the rightful proprietors. The justice of every government, depends essentially upon the
original consent of the people; — this privilege belongs to every community, in right of the law of
nature; and no man or multitude of men, can alter, limit, or diminish it. Constitutional law is an
expression of the will of the people, and their concurrence in its formation, either personally, or by
representation, is essential to its legitimate authority.
Art. 5th. No community can be said, without mockery, to have a constitution, where there is a
consolidation of the different powers of government in the hands of the same men, and the remaining
portion are left of course, without any security for their rights. Such a case, presents an absolute
government; a government of men not principles. A constitution is not the creature of government;
the nature of things renders it impossible that it should be an act of government. In strict propriety,
it exists anterior to government; — government is based upon, proceeds from, and is the creature of
the constitution. A constitution contains the elements and principles of government, and fixes the
nature and limits of its form and operations; but is an instrument distinct from government, and by
which government is controlled. It is a preliminary act of the people, in the creation of government.
It sustains to government the same relation that laws do to the judiciary; the latter is not the source
of law, cannot make laws, or annul them, but is subject to, and governed by law. A constitution
recognizes the rights of the people, and provides for their assertion and maintenance. It settles the
principles and maxims of government. It fixes the landmarks of legislation. It is the sovereign voice
of the people, giving law and limit, to themselves and their representatives.
Art. 6th. A government uniting the legislative, judicial, and executive powers in the hands of the
same men, is an absurdity in theory, and in practice, tyranny. The executive power, in every
government, should be subordinate to the legislative, and the judicial independent of both.
Whenever, therefore, it happens, that these three departments of government, are in the hands of the
same body of men, and these men not the representatives of the people, first making the laws, then
executing them, and finally the sole judges of their own acts, there is no liberty, the people are
virtually enslaved, and liable to be ruined at any time. In a government, civil or ecclesiastical, where
the same men are legislators, administrators, and judges, in relation to all the laws, and every
possible application of them, the people, whether well or ill-treated, are in fact slaves; for the only
remedy against such a despotism, is revolt. No constitution can be presumed a good one, embodying
the principles of correct government, which does not sufficiently guard against the chances and
possibility of mal-administration. All absolute governments owe their character to the manner in
which they are administered, whereas, in a representative government, with proper checks and
balances, it is the interest, even of the vicious, to promote the general welfare, by conforming to the
laws. The greater the equality, established among men by governments, the more virtue and