§. 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 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 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. It is not a change from the present
state which, perhaps, corruption or decay has introduced, that makes an inroad
upon the government, but the tendency of it to injure or oppress the people,
and to set up one part or party with a distinction from and an unequal
subjection of the rest. Whatsoever cannot but be acknowledged to be of
advantage to the society and people in general, upon just and lasting measures,
will always, when done, justify itself; and whenever the people shall choose
their representatives upon just and undeniably equal measures, suitable to the
original frame of the government, it cannot be doubted to be the will and act
of the society, whoever permitted or proposed to them so to do.
