The inquisition in Spain does not proceed from the religion originally professed, but from this mule-animal, engendered between the church and the state. The burnings in Smithfield proceeded from the same heterogeneous production; and it was the regeneration of this strange animal in England afterwards, that renewed rancour and irreligion among the inhabitants, and that drove the people called Quakers and Dissenters to America. Persecution is not an original feature in any religion; but it is always the strongly marked feature of all law-religions, or religions established by law. Take away the law-establishment, and every religion reassumes its original benignity. In America, a Catholic Priest is a good citizen, a good character, and a good neighbour; an Episcopalian Minister is of the same description: and this proceeds, independently of the men, from there being no law-establishment in America.

If also we view this matter in a temporal sense, we shall see the ill effects it has had on the prosperity of nations. The union of church and state has impoverished Spain. The revoking the edict of Nantes drove the silk manufacture from France into England; and church and state are now driving the cotton manufacture from England to America and France. Let then Mr Burke continue to preach his antipolitical doctrine of Church and State. It will do some good. The National Assembly will not follow his advice, but will benefit by his folly. It was by observing the ill effects of it in England, that America has been warned against it; and it is by experiencing them in France, that the National Assembly have abolished it, and, like America, have established UNIVERSAL RIGHT OF CONSCIENCE, AND UNIVERSAL RIGHT OF CITIZENSHIP.6   7   8

I will here cease the comparison with respect to the principles of the French constitution, and conclude this part of the subject with a few observations on the organization of the formal parts of the French and English governments.

The executive power in each country is in the hands of a person styled the King; but the French constitution distinguishes between the King and the Sovereign: It considers the station of King as official, and places Sovereignty in the nation.

The representatives of the nation, who compose the National Assembly, and who are the legislative power, originate in and from the people by election, as an inherent right in the people. — In England it is otherwise; and this arises from the original establishment of what is called its monarchy; for, as by the conquest all the rights of the people or the nation were absorbed into the hands of the Conqueror, and who added the title of King to that of Conqueror, those same matters which in France are now held as rights in the people, or in the nation, are held in England as grants from what is called the Crown. The Parliament in England, in both its branches, was erected by patents from the descendants of the Conqueror. The House of Commons did not originate as a matter of right in the people to delegate or elect, but as a grant or boon.

By the French constitution, the Nation is always named before the King. The third article of the Declaration of rights says, ‘The nation is essentially the source’ (or fountain) ‘of all sovereignty.’ Mr Burke argues, that, in England, a King is the fountain — that he is the fountain of all honour. But as this idea is evidently descended from the Conquest, I shall make no other remark upon it, than that it is the nature of conquest to turn everything upside down; and as Mr Burke will not be refused the privilege of speaking twice, and as there are but two parts in the figure, the fountain and the spout, he will be right the second time.

The French constitution puts the legislative before the executive; the Law before the King; La Loi, Le Roi. This also is in the natural order of things; because laws must have existence, before they can have execution.

A King in France does not, in addressing himself to the National Assembly, say, ‘My assembly,’ similar to the phrase used in England of my ‘Parliament;’ neither can he use it consistently with the constitution, nor could it be admitted. There may be propriety in the use of it in England, because, as is before mentioned, both Houses of Parliament originated from what is called the Crown by patent or boon — and not from


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