This may truly be denominated the corner-stone of
republican government; for so long as they are excluded, there can never
be serious danger that the government will be any other than that of the
people.
To the second that is, to the pretended establishment of the common and
state law by the Constitution, I answer, that they are expressly made
subject "to such alterations and provisions as the legislature shall
from time to time make concerning the same." They are therefore at any
moment liable to repeal by the ordinary legislative power, and of course
have no constitutional sanction. The only use of the declaration was to
recognize the ancient law and to remove doubts which might have been
occasioned by the Revolution. This consequently can be considered as no
part of a declaration of rights, which under our constitutions must be
intended as limitations of the power of the government itself.
It has been several times truly remarked that bills of rights are, in
their origin, stipulations between kings and their subjects,
abridgements of prerogative in favor of privilege, reservations of
rights not surrendered to the prince.
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