130 



question. If any thin^ more be requisite to produce a 

 conviction of the expediency'of calling a convention at 

 a proper season to fix our form of government, let it be 

 the reflection : 



6. That the assembly exercises a power of determin- 

 ing the quorum of their own body which may legislate 

 for us. Al'ter the establishment of the new form they 

 adhered to the Lex 7naj oris partis, founded in* common 

 law as well as common right. It is thef natural law 

 of every assembly of men, whose numbers are not fixed 

 by any other law. They continued for some time to re- 

 quire the presence of a majority of their whole number, 

 to pass an act. But the British parliament fixes its own 

 quorum: our former assemblies fixed their own quorum: 

 and one precedent in favour of power is stronger than 

 an hundred against it. The house of delegates there- 

 fore havet lately voted that, during the present dan- 

 gerous invasion, forty members shall be a house to pro- 

 ceed to business. They have been moved to this by the 

 fear of not being able to collect a house. But this dan- 

 ger could not authorise them to call that a house which 

 was none : and if they may fix it at one mimber, they 

 may at another, till it loses its fundamental character of 

 being a representative body. As this vote expires with 

 the present invasion, it is probable the former rule will 

 be permitted to revive : because at present no ill is 

 meant. The power however of fixing their own quorum 

 has been avowed, and a precedent set. From forty it 

 may be reduced to fom*, and from four to one: from a 

 house to a committee, from a committee to a chairman 

 or speaker, and thus an oligarchy or monarchy be sub- 

 stituted under forms suj)posed to be regular. ' Omnia 

 mala exempla ex bonis orta sunt: sed ubi imperium ad 

 jgnaros aut minus bonus pervenit, novum illud exem- 

 plum ab dignis et idoneis ad indignos et non idoneos 

 fertur.' VV'hen therefore it is considered, that there is 



* Bio. abr. Coiporations, 31. 34. Hake well, 93. 

 t Huff. Off. hoin. 1.2, c. 6. }. 12. 

 :j: June 4, 1781. 



