CHAP. XXVI.

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THE GREAT
CONSTITUTION
OF
LIBERTY,

Founded upon the Principles of Justice,
and the Laws of Humanity
.

Every constitution and system of laws ought to be constructed upon the principles of justice and humanity, which will ensure the rights of a king, and the peace, liberty, and happiness of his subjects. I shall therefore beg leave to observe:

1. That every man has a legal right to perform religious worship according to the dictates of his conscience, at such times and places as shall be most agreeable to himself; providing he doth not injure others in their persons, characters, or properties.

2. That it is unlawful to persecute any of the human race, for a difference of opinion in matters of religion or modes of worship.

3. That public teachers are needful to instruct people in the principles of religion and morality.

4. That good rulers, both in church and state, ought to be reasonably rewarded for their services, out of the public funds; and impowered to remove officers for malconduct; and, by and with the advice and consent of the body corporate, to expel members for vicious practices.

5. That the freedom of speech, and the liberty of the press, are the natural rights of every man, providing he doth not injure himself nor others by his conversation, or publications.

6. That legislative and executive officers, consisting of kings, counsellors, governors, judges, magistrates, representatives, and other rulers, are necessary to make and execute laws for the preservation of the public tranquillity in empires, kingdoms, and states.

7. That it is unlawful for rulers to make and execute laws repugnant to those of the great Governor of the universe, or destructive to the peace and prosperity of the community at large.

8. That the people have a right to chuse and send delegates, to represent their state and condition in a legislative assembly.

9. That a legislative body ought to consist of a mixture of monarchical, aristocratical, and democratical governments, and be divided into three branches, as that of a king, lords, and commons.

10. That each branch ought to have a negative voice on the other branches; and no bill ought to be passed into a law without the advice and consent of, at least, two-thirds of the members of two of the branches of the legislature.

11. That legislators ought to meet once in a year, and as much oftener as the circumstances of the nation may require, at such times and places as may be most convenient.

12. That the people have a right to petition the legislature for a redress of grievances.

13. That every branch of an empire ought to be subject to the supreme legislative head of a nation: To render all proper honour and obedience to the king, and to all in authority, and to be subordinate to the good and wholesome laws of the land.

14. That a king ought to be considered as the first supreme legislative and executive officer in a kingdom, and to be empowered to grant pardons to criminals whenever it may be needful. He has a right to a free liberty of conscience; to protection in his person, character, and property; to rule and govern his people according to the constitution, statutes, laws and ordinances of his realm; to that honour and obedience that is due to personages in such an exalted station; and to such a revenue as his circumstances may require, and his subjects be able to raise.

15. That no man ought to be chosen into office, unless he is endowed with wisdom and knowledge, and can be well recommended for good works and pious actions.

16. That it is lawful to confer titles of honour upon, and to give rewards to such persons as may merit them, by their vigorous exertions and good conduct.

17. That legislators ought to be exempted from being arrested for debt, whilst they are passing to, remain at, and are returning from the legislative assemblies, because an arrestment would impede the public service.

18. That courts of justice ought to be established, and justice administered to all, without respect of persons.

19. That every man ought to be allowed a trial by jury.

20. That those under confinement ought to know what they are confined for; who their accusers are; not be compelled to bear witness against themselves; be allowed to bring evidence, with the benefit of counsel; and should not be condemned, unless found guilty by the testimony of two or three credible witnesses.

21. That excessive bail ought never to be demanded, excessive fines required, nor excessive punishments inflicted.

22. That criminals under confinement, ought to have no punishment laid upon them, but that which is requisite for the securing of their bodies; unless after they have been found guilty, it is ordered by the judges, agreeable to the laws of the land.

23. That no man ought to be imprisoned for debt, providing he gives up his property to his creditors, and has not waited his time in idleness, nor his estate by intemperance, gaming, or any other vicious practice.

24. That persons falsely imprisoned, ought to be immediately liberated, and to have ample satisfaction for the injuries they have received; and those guilty of the abomination of confining the innocent, ought to be severely punished for their atrocious conduct.

25. That every one who is a subject of taxation, ought to be allowed to vote for a representative.

26. That every man ought to be taxed in proportion to his abilities.

27. That the power of levying and collecting taxes, duties, imposts, &c. with that of coining money, emitting bills of credit, borrowing money for the public use, entering into treaties and alliances with foreign powers, appointing, commissioning, and sending of ambassadors, ministers, consuls, messengers, &c. belongs to the legislature.

28. That such treaties ought to be esteemed as a part of the law of the land; kept inviolate; and whenever they are broken, restitution ought to be made to the party injured.

29. That as money is a defence as well as wisdom, a circulating medium ought to be established, consisting of gold, silver, copper, and bills of exchange. Its credit should be kept up, and but one currency established in a kingdom.

30. That churches ought to be built for the accommodation of the people when they perform religious worship; public schools, colleges, academies, and universities erected, for the promotion of literature; hospitals founded for the reception of the sick; work-houses for the employment of idle persons; and prisons for the securing of thieves, robbers, murderers, and other felons;—and societies instituted, for the purpose of making further discoveries and improvements in the liberal and mechanical arts and sciences.

31. That custom-houses, post-offices, and post-roads, ought to be established in every kingdom and state.

32. That weights and measures ought to be alike in every part of an empire, if not through the world.

33. That all foreigners ought to be treated with hospitality, and protected by the laws of the land.

34. That the heirs of an estate ought not to be disinherited by reason of the ill conduct of their parents; nor thrown out of their posts of honour and profit, in consequence of the unlawful behaviour of their relations.

35. That every author ought to have the benefit of his own productions, whether they be upon theological, mathematical, philosophical, physical, mechanical, or any other subject.

36. That all officers, whether ecclesiastical, civil, or military, with every other person, ought to guard against sedition, treason, rebellion, and every thing that may tend to sow discord amongst brethren, destroy the public tranquillity, and make mankind unhappy.

Thus have I framed a CONSTITUTION, which appears to me to be according to the law of reason, and the dictates of sound policy. Perhaps some things have escaped my observation, that might justly be added. However, I believe that one calculated and established upon these principles, would secure the rights of kings and those of their subjects, which is all that any rational person can desire.


                                                                                                                                                                                                                                                                                                           

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