THE AUSTIN PAPERS. 569 Misery, the bare contemplntion of which overwhelms every reflecting and philanthropic mind with sorrow. In this stnte of things it is the duty of all, and more especially of the Junta Instituyente to avert the impending evils, [if prac]ticable nnd rescue the nation from the dreadful anarchy which threatens it. The individual interest and safety, as well as the collective happiness nnd prosperity of the Mexican people imperiously call upon the Junta Instituyente, if they consider themselves to be the representa- tives of the People, to take that firm and [deci]sive stand which the high and sacred responsibility of their stations as legislators im- poses upon them. If they are not the legal representatives of the .People, they can have no legislatiye powers except provisional ones, in which case the only justification for the exercise of them at all, is the force of circumstances and the necessity of the case. But in either situation they are charged with duties of the most sacred and serviceable nature, duties the violation of which may involve crimes of the deepest die, for it may involve the ruin and dessolation of their country, the loss of its liberty, and the misery and slaughter of its inhabitants. New Governments are established either [by] force, or by common consent. In the former case the result is despotism, for it must be evident that the only object of employing force in the formation of the Government, after all foreign enemies are expelled, and inde- pendence secured, is to establish a particular system in opposition to the wishes of the nation and the will of the People. In the latter case, where the Government is formed by common consent, it must be free, for we cannot suppose that a whole people., when left to their own free will would ens[lave] themselves. "Which of these two would be most just or most condusive to the Ge 1 good~ lt is a principle founded in natural justice, and natural law, and which therefore originated at the creation ns an imprescriptable in- heritance given by the great God of truth and justice to man and can only Ce:l_Se when all [subl]unary things shall have been swept from existence and lost in the vast ocean of eternity. "That all Government of right originates " from the People-is founded on consent--and is instituted "for the general good and happiness of the whole" The people then, and they alone, have the right, and the sole riglit of electing their form of Government, and forming their Constitu- tion, and any intervention of force or power in opposition to their will, is an unjust usurpation of their rights. .Taking this principle for a basis, let the question be asked have the Mexican People chosen their form of Government~-have they formed their Constitution 1 The Congress Constituyente, declared that the form of Government should be a Constitutional, limited, heredita1·y illonarc/1:y. And that 25067°-24-WL 2, PT 1---87
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