Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/354

 314 § 344. The real point before them was upon a contract of a very different sort, a contract, by which the king upon taking upon himself the royal office undertook, and bound himself to the whole people to govern them according to the laws and constitution of the government. It was, then, deemed a contract on his part singly with the whole people, they constituting an aggregate body on the other part. It was a contract or pledge by the executive, called upon to assume an hereditary, kingly authority, to govern according to the rules prescribed by the form of government, already instituted by the people. The constitution of government and its limitations of authority were supposed to be fixed (no matter whether in fiction only, or in fact) antecedently to his being chosen to the kingly office. We can readily understand, how such a contract may be formed, and continue even to exist. It was actually made with William the Third, a few days afterwards; it has been recently made in France by King Louis Philippe, upon the expulsion of the old line of the Bourbons. But in both these cases the constitution of government was supposed to exist independent of, and antecedent to, this contract. There was a mere call of a particular party to the throne, already established in the government, upon certain fundamental conditions, which, if violated by the incumbent, he broke his contract, and forfeited his right to the crown. But the constitution of government remained, and the only point left was to supply the vacancy by a new choice.

§ 345. Even in this case a part of the people did not undertake to declare the compact violated, or the throne vacant. The declaration was made by the peers in