It will perhaps be objected, that these doctrines, if practised, would prevent all improvements, in science, religion and government. By no means; but they point out the method in which all improvements should be made, when opinion and fixed habits are to be overthrown, or changed. They show that all reformation should be left to the natural progress of society, or to the conviction of the mind. They show the hazard and impracticability of making changes, before the minds of the body of the people are prepared for the innovation. I speak not of despotic governments, where the will of the prince is enforced by an army; and yet even absolute tyrants have been assassinated for not attending to the spirit and habits of their subjects.
In vain do rulers oppose the general opinion of the people. By such opposition, Philip IId, of Spain, kept one part of his subjects, for half a century, butchering the other, and in the end, lost one third of his dominions. By not regarding the change of habits in the nation, Charles Ist, of England, lost his head. By carrying his changes too far, Cromwell began to oppose the spirit of the nation, and had he lived to prosecute his system, that spirit would, in a few years, have brought his neck to the block. The general spirit of the nation restored to the throne, the son of the prince, whom that spirit had but a few years before arraigned and condemned. By opposing that spirit, James was obliged to leave his kingdom, and the sense of the nation still excludes the family which, by their own law of succession, has the best title to the throne. But there is no prescription against general opinion; no right that can enter the list against the sense of a nation; that sense, which after all our reasoning, will forever determin what is best.
The truth of these remarks is proved by examples in this country. An immense revenue might have been drawn from America without resistance, in almost any method but that which the British parliament adopted. But their first attempts were made upon articles of common necessity; the attempts were too visible; the people felt and resisted. Their apprehensions were alarmed; their fears, whether well founded or imaginary, were multiplied and confirmed by newspaper rhapsodies, and finally produced a combined opposition to all British taxation. Then Great Britain should have compounded; she did not; she opposed the general sense of three millions of her subjects, and lost the whole.
A dispute existed between Connecticut and Pensylvania, respecting a tract of land; a federal court decided the jurisdiction, or State claim, in favor of Pensylvania; five thousand inhabitants, seated on the lands, acknowlege the jurisdiction, but contend that their original purchase, and subsequent labor, entitle them to the lands. Notwithstanding the invalidity of their State claim, the settlers determin to maintain their lands. The question of right is at once suspended, and the only inquiry is, which is the best policy, to indemnify a few individuals by a pecuniary composition, or sacrifice five thousand subjects. This question, left to the commonwealth, would be decided by a great majority, in favor of the settlers, and against the very principles of right on which the State holds the jurisdiction.
I am not competent to judge of the merits of the dispute between New York and Vermont; but if the usurpation of Vermont were a conceded fact, and that usurpation to be defended by arms, and the question of granting them independence were left to the State of New York, I am confident that nine tenths of the people would decide for the independence of Vermont against their own rights.
Thus it often happens, that a general opinion, grounded on rational expediency, will, and ought to decide political questions, contrary to the strict principles of justice and equity.
I would, by no means, be understood to defend, by such doctrines, the insurrections of a neighboring State. I reprobate every thing that wears the least appearance of opposition to lawful authority. It is evident however, that the Legislature of Massachusetts were too inattentive to the general spirit of the State. The murmurs of the people were heard long before they broke out into rebellion, and were treated with too much neglect. They were a proof at least that something was wrong. This the Legislature acknowleged in their late acts, and the complaints of the populace might once have been silenced by such conciliatory measures.
But an opposition so violent must suddenly cease, or acquire system. In the latter case, the demands of the insurgents will rise in proportion to their strength; they will ask unreasonable concessions, and the sword must decide their claims. The insurgents took wrong steps to obtain redress; they should have rested their agrievances on petitions, and the event of an election; but one rash step leads to a second, and to a third. These fatal effects of popular discontent afford one useful lesson, that rulers should not attempt to carry a measure against the general voice of a people.[35] But a question will arise, how far may the people be opposed, when their schemes are evidently pernicious? I answer, this can never happen thro design; and errors, even of the populace, may gradually be removed. If the people cannot be convinced, by reason and argument, of the impolicy or injustice of a favorite scheme, we have only to wait for the consequences to produce conviction. All people are not capable of just reasoning on the great scale of politics; but all can feel the inconveniencies of wrong measures, and evils of this kind generally furnish their own remedy. All popular Legislatures are liable to great mistakes. Many of the acts of the American Legislatures, respecting money and commerce, will, to future generations, appear incredible. After repeated experiments, people will be better informed, and astonished that their fathers could make such blunders in legislation.
If the people of this State[36] are not already convinced, they certainly will be, that the addition of 150,000l. of paper, to the current specie of the State, did not increase the permanent value of circulating medium a single farthing. They were perhaps told that such a sum of paper would shut up the specie, or enable the merchant to export it; but their jealousy made them believe these the suggestions of interest; and nothing but the experiment could satisfy their wishes. Every man of reflection must regret that he is subject to the evils consequent on popular mistakes in judgement; but this is the price of our independence and our forms of government.
Let us attend to the immediate and necessary consequences of the American revolution.