occasional will to permanent reason, and to the steady
maxims of faith, justice, and fixed fundamental policy,
are perfectly intelligible, and perfectly binding upon
those who exercise any authority, under any name,
or under any title, in the state. The House of
Lords, for instance, is not morally competent to dissolve
the House of Commons,—no, nor even to dissolve
itself, nor to abdicate, if it would, its portion
in the legislature of the kingdom. Though a king
may abdicate for his own person, he cannot abdicate
for the monarchy. By as strong, or by a stronger
reason, the House of Commons cannot renounce its share
of authority. The engagement and pact of society,
which generally goes by the name of the Constitution,
forbids such invasion and such surrender. The
constituent parts of a state are obliged to hold their
public faith with each other, and with all those who
derive any serious interest under their engagements,
as much as the whole state is bound to keep its faith
with separate communities: otherwise, competence
and power would soon be confounded, and no law be
left but the will of a prevailing force. On this
principle, the succession of the crown has always been
what it now is, an hereditary succession by law:
in the old line it was a succession by the Common
Law; in the new by the statute law, operating on the
principles of the Common Law, not changing the substance,
but regulating the mode and describing the persons.
Both these descriptions of law are of the same force,
and are derived from an equal authority, emanating
from the common agreement and original compact of the
state,
communi sponsione reipublicae, and as
such are equally binding on king, and people too,
as long as the terms are observed, and they continue
the same body politic.
It is far from impossible to reconcile, if we do not
suffer ourselves to be entangled in the mazes of metaphysic
sophistry, the use both of a fixed rule and an occasional
deviation,—the sacredness of an hereditary
principle of succession in our government with a power
of change in its application in cases of extreme emergency.
Even in that extremity, (if we take the measure of
our rights by our exercise of them at the Revolution,)
the change is to be confined to the peccant part only,—to
the part which produced the necessary deviation; and
even then it is to be effected without a decomposition
of the whole civil and political mass, for the purpose
of originating a new civil order out of the first
elements of society.
A state without the means of some change is without
the means of its conservation. Without such means
it might even risk the loss of that part of the Constitution
which it wished the most religiously to preserve.
The two principles of conservation and correction operated
strongly at the two critical periods of the Restoration
and Revolution, when England found itself without
a king. At both those periods the nation had
lost the bond of union in their ancient edifice: