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.
Sec. 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; whatsoever
shall be done manifestly for the good of the people, and the
establishing the government upon its true foundations, is, and
always will be, just prerogative, The power of erecting new
corporations, and therewith new representatives, carries with it
a supposition, that in time the measures of representation might
vary, and those places have a just right to be represented which
before had none; and by the same reason, those cease to have a
right, and be too inconsiderable for such a privilege, which
before had it.
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