Another question remains. How are the contributed rights to be managed? The resolution has been in great measure anticipated, by what has been said concerning the system proposed. Some few reflections may perhaps finish it.
If it be considered separately, a constitution is the organization of the contributed rights in society. Government is the exercise of them. It is intended for the benefit of the governed; of course can have no just powers but what conduce to that end: and the awfulness of the trust is demonstrated in this—that it is founded on the nature of man, that is, on the will of his Maker, and is therefore sacred. It is then an offence against Heaven, to violate that trust.[42]
[27] If the organization of a constitution be defective, it may be amended.
A good constitution promotes, but not always produces a good administration.
The government must never be lodged in a single body. From such an one, with an unlucky composition of its parts, rash, partial, illegal, and when intoxicated with success, even cruel, insolent and contemptible edits, may at times be expected. By these, if other mischiefs do not follow, the national dignity may be impaired.
[28] Several inconveniences might attend a division of the government into two bodies, that probably would be avoided in another arrangement.
The judgment of the most enlightened among mankind, confirmed by multiplied experiments, points out the propriety of government being committed to such a number of great departments, as can be introduced without confusion, distinct in office, and yet connected in operation. It seems to be agreed, that three or four of these departments are a competent number.
[29] Such a repartition appears well calculated to express the sense of the people, and to encrease the safety and repose of the governed, which with the advancement of their happiness in other respects, are the objects of government; as thereby there will be more obstructions interposed; against errors, feuds, and frauds, in the administration, and the extraordinary interference of the people need be less frequent. Thus, wars, tumults, and uneasinesses, are avoided. The departments so constituted, may therefore be said to be balanced.
But, notwithstanding, it must be granted, that a bad administration may take place.—What is then to be done? The answer is instantly found—Let the Fasces be lowered before—the supreme sovereignty of the people. It is their duty to watch, and their right to take care, that the constitution be preserved; or in the Roman phrase on perilous occasions—to provide, that the republic receive no damage.