§. 161. This power, whilst employed for the benefit of the community and
suitably to the trust and ends of the government, is undoubted prerogative, and
never is questioned. For the people are very seldom or never scrupulous or nice
in the point or questioning of prerogative whilst it is in any tolerable degree
employed for the use it was meant — that is, the good of the people, and
not manifestly against it. But if there comes to be a question between the
executive power and the people about a thing claimed as a prerogative, the
tendency of the exercise of such prerogative, to the good or hurt of the
people, will easily decide that question.