which governments have a right to arise, and the only principle on
which they have a right to exist.

To possess ourselves of a clear idea of what government is, or ought
to be, we must trace it to its origin. In doing this we shall easily
discover that governments must have arisen either out of the people
or over the people. Mr. Burke has made no distinction. He
investigates nothing to its source, and therefore he confounds
everything; but he has signified his intention of undertaking, at
some future opportunity, a comparison between the constitution of
England and France. As he thus renders it a subject of controversy by
throwing the gauntlet, I take him upon his own ground. It is in high
challenges that high truths have the right of appearing; and I accept
it with the more readiness because it affords me, at the same time,
an opportunity of pursuing the subject with respect to governments
arising out of society.

But it will be first necessary to define what is meant by a
Constitution. It is not sufficient that we adopt the word; we must
fix also a standard signification to it.

A constitution is not a thing in name only, but in fact. It has not
an ideal, but a real existence; and wherever it cannot be produced in
a visible form, there is none. A constitution is a thing antecedent
to a government, and a government is only the creature of a
constitution. The constitution of a country is not the act of its
government, but of the people constituting its government. It is the
body of elements, to which you can refer, and quote article by
article; and which contains the principles on which the government
shall be established, the manner in which it shall be organised, the