This strangers stand amazed at, and every one must confess
needs a remedy; though most think it hard to find one, because the
constitution of the legislative being the original and supreme act
of the society, antecedent to all positive laws in it, and depending
wholly on the people, no inferior power can alter it. And,
therefore, the people when the legislative is once constituted, having
in such a government as we have been speaking of no power to act as
long as the government stands, this inconvenience is thought incapable
of a remedy.
158. Salus populi suprema lex is certainly so just and fundamental a
rule, that he who sincerely follows it cannot dangerously err. If,
therefore, the executive who has the power of convoking the
legislative, observing rather the true proportion than fashion of
representation, regulates not by old custom, but true reason, the
number of members in all places, that have a right to be distinctly
represented, which no part of the people, however incorporated, can
pretend to, but in proportion to the assistance which it affords to
the public, it cannot be judged to have set up a new legislative,
but to have restored the old and true one, and to have rectified the
disorders which succession of time had insensibly as well as
inevitably introduced; for it being the interest as well as
intention of the people to have a fair and equal representative,
whoever brings it nearest to that is an undoubted friend to and
establisher of the government, and cannot miss the consent and
approbation of the community; prerogative being nothing but a power in
the hands of the prince to provide for the public good in such cases
which, depending upon unforeseen and uncertain occurrences, certain
and unalterable laws could not safely direct.
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