Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/486

476 Criticks, to good writers, are friends; to bad, foes. Bad writers call them malicious demons; good, court their examination, because they consider the praise of ignorance as ridicule. Good and bad governments, regard free discussion, as good and bad writers do criticks; being the only impartial judge of governments which can exist, one kind preserves, the other destroys it, for the same quality. Some governments which do not avow despotism, are not so hardy as to deny the right of free discussion; they only defeat it. They allow or punish criticisms upon themselves by their own will and pleasure. A criminal who makes the law, selects the jury, settles the evidence, and pronounces the judgement, may safely come to trial. A subordinate member of a government, cannot be made an impartial judge of his superior's merits. A king of England boasted, that he could have what law or gospel he pleased, because he could appoint, promote and translate judges and bishops. Would these judges and bishops impartially try such kings?

A judge of the United States, possessed of an embassage, or capable of receiving one, would be an English bishop holding in commendam, or expecting translation An instance of such a bishop, uninfluenced by the government, is regarded with admiration. Sedition laws subject publick discussion to this species of holiness; are its decisions infallible, because they may be always foretold?

It is obvious that nations are the only juries qualified to try governments. Can they decide justly without discussion, and without facts, except those admitted by the culprit? Will the ambition and avarice of factions be recited in their own laws? or will these factions enact their frauds into justice, as they do idols into gods? When laws pretend to make gods or truth, we may certainly expect idols and falsehood. Factions will never make truth by law, for the sake of detecting or punishing themselves. The instant a government is guided by avarice or ambition, it degenerates into a faction, which makes laws to punish the opinions of