UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE DUTY OF CITIZENS IN THE PRESENT CRISIS. THE SECOND EDITION. The real Enemies of a free State, are fuck of its own ' Citizens as undermine its Liberties. LONDON: .PRINTED FOR R. H, WESTLEY, NO. 2OI, OPPOSITB ST, CLEMENT'S CHURCH. STRAND. t 082 6 JN S ADVERTISEMENT. THE Addrefs which forms the firft pages of this work, was writ ten for one of the late po- pular meetings. As many Gentlemen who then defired to become fubfcribing parties, havefwce requeued copies, it is now prefented to them with elucidations. I 301315 THE DUTY OF CITIZENS, &c. SECTION I. ADDRESS TO THE PEOPLE OF ENGLAND. ~\\ 7"E who now addrefs ourfelves, -to the People of England, as an ar- gument for a j uft claim to attention, begin by declaring, that we are not men enlifted under any political banner, or pofleiTed of either place, penfion, or emolument from Government; confequently, we cannot be actuated by motives of private intereft, or political influence ; but pride ourfelves on having a nobler ftake depending than either politics or patronage can beftow, our un- alienable Rights as Englimmen ; fecurity of Perfon and Property Liberty our Kin- dred, and our Country ! B Thefe Thefe it is our duty to protect againft lawlefs invaders. Such a flake is indeed fa- cred ! and although it be ours only in cdm- rnon with every individual, yet our being the Fathers of numerous Families, by giv- ing us a manifold and important rifque in the ferenity and profperity of the State, in veils us with the more indifputable right to exert our utmoft abilities, and to invite all reafonable perfons to join with us, in con- ducing to the peace and good order of the Kingdom ; and in fupporting, with united efforts, its prefent Conilitution of King, Lords, and Commons, thoroughly convin- ced, as we are, from the experience of ages, and the furvey of furrounding States, that no other Conftitution, of whatever denomina- tion, found in the page of hiftory, has been more effectually calculated to afford the fame Bleflings of Liberty, Security, and Pro- tection ! Perfection is not the lot of human nature, but as near it as human inftitutions can ( a ) tan, the well digefted Theory of our Con- ftitution has approached : a Conftitution, which Britons have contemplated, with an honeft pride, as the juft obje6l of their own glory, and the envy of the European world ! This Fabric of Liberty, ^this Monument of our Security, we well know to have been the progreiTive work of ages, effected by men of profound wifdom, and unfullied integrity. Thefe Statefmen, fo able, and diftinguifhed, did alfo adopt every wife precaution to furnifh individuals, in cafes of wrong, with the means of redrefs : And, therefore, as political defects arife, or abufes are introduced, by the excellence of a Con- ftitution, formed of three equal Eftates, re- lief may be always at hand. Thefe three Eftates, of dijlinft intereft, and of equal power, were deliberately formed to acl: on a Syftem eftablifhed on the jealous prin- B 2 ciple ( 4 ) ciple of " Check upon Check/' that in all cafes of encroachment, error, or abufe, each might correct the other ; and preferve the well balanced order of the State. And, by which means, we poflefs the valuable Right of always controuling the PRACTICE of this our beautiful THEORY ; a Right, which, in all emergencies, has been hap- pily exercifed, and can be effectually re- forted to ; a Right, from which we ever have, and muft always find relief ; equally \vell adapted to repel injury, and to court the improvements of wifdom and expe- rience. And, here, let us remind our Countrymen, (of what nothing but a mif- taken infatuation can ever caufe them to lofe fight) that, out of three, the People al- ready poflefs one equal part of the national So- vereignty ; confequently, are in themfelves, through the medium of their Reprefenta- tives, the Houfe of Commons, one perfect branch of the Government, equal in power, dignity, ( 5 ) dignity, and influence, with each of the other two e dates feparately taken, and en- titled, on all occafions, even to put a ne- gative on the proceedings of either or both. By thefe wife precautions are our Liber- ties, Lives, and Property, fectired from the invafion of tyranny or defpotifm : bleffmgs that are not enjoyed under any other form of Government ! Let not, therefore any clafs of Britons fuflfer themfelves to be de- ceived into an opinion, that they are def- pifed as Cyphers in the STATE, it being the PEOPLE only whom the Legiflature can acknowledge in the perfons of their Reprefentatives the WHOLE HOUSE OF COMMONS, from amongft whom, even the MINISTERS of the COUNTRY, are ge- nerally appointed for the exprefs duty of guarding and preferving their Rights and Privileges : and fo long as this important B 3 branch branch of the Legiflature the Houfe of Commons, fhall preferve its own Dignity, and Independence, by faithfully adhering to the true principle and fpirit of its infti- tution, it is morally impofiible, even admit- ting that at intervals they may be fubjecl to foine partial invafion, that the RIGHTS of the PEOPLE can ever be annihilated. Such is the admirable Conftitution be- queathed to us by our anceftors, under the moft facred injunctions to preferve it : and as human efforts were infufficient to fecure it from the ravages of time, and the encroachment of error, and abufe, they wifely and exprefsly provided the People with the power of correcting them, through the medium of the Houfe of Commons, who are not only perfectly competent, but muft feel it to be their firft duty, and trueft intereft, to preferve the facred and effential balance of the State, Let . t 7 ) ,";. ; r Let us now advert to fome of the ftrong Pillars of our protection, the Safeguards of our Freedom. -We have Magna Charta for the Bafis of our Liberty. The Habeas Cor- pus A61 to preferve us from unjuft imprifon- ment. A Grand Jury, formed from among OURSELVES, to fecure us from unfair, or unneceflary profecutions. And petty Ju- ries, formed alfo from among OURSELVES, to protect us againft unjuft punimment in Criminal Cafes, and againft wanton depriva- tion of property in Civil. If diflatisfied with the decifions of thefe Juries fo chofen, we have the means of appealing to other tri- bunals equally well calculated for Relief againft oppreflion, and even againft error : and, laft of all, we have the benefit of ap- plying to the Benignity of a Throne which we OURSELVES have conftituted, for that mercy that inexorable Juftice could never grant : yet, this mercy, this power of par- doningthis laft Refuge of unhappy Crimi- B 4 ( 8 ) nals, is the only judicial inequality or fu- periority which the monarch poffeffes over either of the other two Eftates. Let not, therefore, anyjealoufy or tenaci- oufnefs of power, (feelings but too natural to human nature,) delude the good fenfe of Englifhmen to deceitful Phantoms artfully placed between us and the folid blefiings in our poneffion ! The power of the mo- narchical branch of the Legiflature over the other two, and that wifely created by OURSELVES is no more than the Power of HUMANITY, of BENEVOLENCE, and of REWARD the Power of doing GOOD ! Whence then any apprehenfion of Injury ? Yet, great pains have been taken, and alarm induftrioufly propagated to fet the King and the People at variance with each other ! And the example of a neighbouring Nation has been held out to us for this very purpofe. We prefume neither to queftion, or to con- demn, ( 9 ) demn, where we cannot poffibly have a right to judge. As Citizens of the world, we wilh Peace and Profperity to France, and to all Nations ! But, one great truth muft be ob- vious to ALL ; and that is, the utter impojji- bility of the example of France being ever Jilted to England. The French did not, like our- felves, poflefs the bleffings of Freedom : the Yoke of defpotic Laws, the interpretation of which was committed to Judges who cor- ruptly purcjiafed their places by public auc- tion, had galled them to DESPERATION ; and they have the inexhauftible Refource of an immenfe Territory, which may poffibly prove competent to the Support of their whole Nation ; and on their own principles. Whereas ours, is fo limited and circumfcrib- ed, as to dictate the abfolute Neceffity of re- forting to NAVIGATION, COMMERCE, ARTS, and MANUFACTURES for SUP- PORT ! It is then manifeft, that were thefe pur neceffary refources neglected, or deftroy- ed cd by convulfion, tumult, or any other caufe, we muft be driven to the favage, naked con- dition of our anceftors : and ranging the foreft for food, muft fubftitute Paint for Ckaihing ; and become a helplefs prey to the firft foreign tyrant who might chufe to in- vade our little Ifiand, and fix our doom ! Ye, therefore, who are Fathers, or mean to befo, facrifice not your rifing generation, nor endanger the peace and future happinefs of our much envied nation under its prefent provident and protecting Conftitution, to any temporary delufion, or vifionary fchemes of reftlefs individuals, whom jealoufy , pafllon, or envy, render blind to the focial benefits which they attempt to interrupt ! We learn with grief, the prefent anxie- ty and alarm. We truft that they are not only premature, but will appear to be whol- ly without caufe. However they may have been diffufed, when we find the peace of Society t n ) Society difttirbed, and domeftic fecurity threatened, it becomes the duty of all good citizens to unite in exertions to preierve them : and to endeavour, by an union of minds and interefts, to form a ftrong and pro- tecting fhield againft growing Virulence and eventful Convulfion. We, therefore, moil folemnly invite, All the REASONABLE and WELL-DISPOSED PEOPLE OF ENG- LAND, to join in fupport of the KING AND CONSTITUTION, as fettled at the Revolution. In this cafe,we know no diftinc- tion of Party: for, however Parties may differ on fubordinate points, we are confi- dent there cannot be a difference on thefe fundamental Principles. Our liberal-minded Countrymen will not fuppofe, that we have any other induce- ment to make this invitation to " UNION AND GOOD ORDER," than that of hav- ing ing a fimilar Interefl in the State \vith themfelves : but, they will remember, that it is the call of Britons, proud and tenaci- ous of their Liberties jealous of their Birth- rights affectionate to their Kinfmen and hofpitable to all mankind ! That it is a call to incite them to preferve thofe refour- ces, which have produced fo many ineftima- ble Bleflings, fo much real Liberty and true happinefs to Britons, and have made them the admiration and envy of the whole world : that it is, in fact, the Call of THEM- SELVES: the Call of their KING and COUNTRY : that it is the Call of their CHILDREN, and all who look up to them for PROTECTION; of every pledge they hold moft facred ! It is indeed a Call fo facred, that were our Anceftors to arife from the Grave, it would be to fet the ex- ample of OBEDIENCE, and to reproach thofe who mould fail in that indefpenfable duty. Surely it mult have been their laft awful ( '3 ) awful injtm(5lion, to preferve this holy Be- queft of liberty perfect and unfullied to the lateft pofterity ! Thefe are the prin- ciples on which we apply to your feel- ings as Britons, and to your allegiance as Citizens and Subjects. SECTION ( H ) SECTION II. OF THE GENERAL SUBJECT. E foregoing Addrefs was intended for the Prefs previous to the meeting of Par- liamentj when the public mind laboured tinder much dark agitation, and every individual was tempted to regard his neighbour as a traitor to his Country, and an enemy to the good order of fociety. That alarm has now fubfided, and appears to be followed by a general amazement, that the caufe (hould fo fuddenly have vaniihed : but, every true friend to the Conftitution muft rejoice to obferve, that it has dempn- ftrated what never ought to have been fe- rioufly doubted, that neither contrivance nor plot can fhake the loyalty of Britons ; that their fpirits once rouzed and united, they dread not a combination of the whole world ; that to difturb the welfare of thefe united Kingdoms, is, internally, as diffi- cult ( '5 ) cult, as externally* the attempt would be formidable and hazardous ! that Great Bri- tain is inhabited by good Citizens, whofe character for moderation, firmnefs, and good fellowfliip, are not to be diverted from the true interefts of the State, of which they are the real fupport ; that their loyal- ty and attachment to the Houfe of Hano- ver bid defiance to fulpicion ; and that his Majefty reigns in the affections of the peo- ple, notwithftanding the pains which have induftrioufly been taken to fet them both at variance. Such is the conftruclion of the late ru- moured infurreclions of the people ! Such is the tower of ftrength on which his Ma- jefty can always fafely rely in the hour of doubt, difficulty, and danger ! Such too are the true features and delineations of the faithful Citizens of thefe united Kingdoms ; and on which I have the happinefs to congratulate congratulate my country ! Fidelity thus tramples on fufpicion, and real attachment inftantly extinguifhes imaginary difaffeclion ! Thus we ftigmatize all fuch flanderous imputations, and expofe the dark defigns of hypocrify and corruption, and openly declare to the world, " that the PEOPLE, can never have an intereft in diforder." With forrow, I afterwards learnt, that under a falfe impreffion, and as if this declared fenfe of the people were ftill doubt- ed, one of our Reprefentatives in Parliament, had fignified an intention of moving for a partial fufpenfion of the Habeas Corpus A 61, an intention juftly reprobated by that firm admirer and fupporter of our Constitution , that vigilant and incorrupt Statefmen, the FRIEND OF THE PEOPLE," whofe pride is to merit their efteem, and whofe life ( '7 ) life has been devoted to the defence of their Liberties* The bare fuggeftion of fuch meafures, and the general {late of the Empire, in- duces me to obtrude on my Fellow Ci- tizens, a few admonitions refpec~ling the duties the Common-weal impofe, and which, in my opinion, the fociety, in which we live has a right to require at the hands of each of us, being all equally interefted to maintain and preferve the blefllngs we derive from it: duties, which it is not mere- ly neceflary to acknowledge ; we mould a6l up with ardour to the principles they profefs. I have already endeavoured to attract an attention to fome of the ftrong pillars of our conftitution, which form the fafeguards of our liberties. Thefe are, C l. One 1. One equal part of the National Sove- reignty of this Nation compofed of the People in the WHOLE HOUSE OF COMMONS. 2. The HABEAS Corpus Aft, to pre- ferve us from wrongful imprifon- ment. 3. TRIAL BY JURY to fecure us from unnecefTary profecution, and to- pped!: usagainfl injurious deeifions. To them I (hall now fubjoin as infepara- bly connected, 4. THE LIBERTY OF THE PRESS : and as far as I can colle6l from the ge- neral declarations lately publifhed by aflbciations, what the mind of the people is moil directed to, 5. The revifion and fimplification of the LAWS OF ENGLAND. It ( '9 ) It is not my intention to enter into an hifto- rical detail of thei'e feveral articles, of their origin and progrefs, or the means by which they have been gradually matured into ele- mentary principles, forming, as they now do> the Conftitution. My defign is only to in- duce my fellow-citizens to give their own aid to perform thofe individual duties, on the punctual and faithful difcharge of which, the veryprefervation of thofe bleffings which our conftitution diffufes among us fo materially depends. Thefe duties are fo important to every order of fociety and each department of the ftate, that no good citizen ought ever to decline them : yet, it is to be apprehend- ed, that many of the abufes, or inconvenien- cies, now ailed ged to have crept into the practice of Government, may be fairly traced to our own indifference and neglect. As to a defign, that furely is impoffible ; fince the very people who feel thefe alledged in- conveniencies are to be found in each exe- C 2 cutive ctitive department of the Hate ; and without whofe knowledge and connivance, the en- croachments now thought to be injurious, or to bear hard on the fubjecl, could not pof- fibly have continued. It is only by the af- fiftance of the people that the refponfible executive officers of the ftate are enabled to perform their important functions ; and were they to \vithold their fervices, which com- mon inter eft and honefty forbid, there muft foon be an annihilation of the Government. Therefore, as the happinefs and welfare of our country, and the domeftic comforts we pofTefs, abfolutely depend on the faithful fervices of the people, my confcience tells me, I am not only juftified, but that it is a duty which allegiance to the conftitution de- mands, to offer the following obfervations. SECTION SECTION III. HOUSE OF COMMONS. TT has been already ftated, " that nothing *- " but a miftaken infatuation can ever caufe " us to forget, that out of three, the people " already poflefs one equal part of the na- " tional Sovereignty, through the medium " of their reprefentatives the WHOLE " HOUSE OF COMMONS/' This is clearly, as great a (hare of the legiflature as they can, confident with their own hap- pinefs defire: and, when properly under- ilood, their good fenfe cannot fail to convince them, that their true interefts pofitively for- bid more. This Houfe of Commons is wholly compofed of the people, whofe free choice of its members individually, certified under their own act, is the onlyjiat under which the folemn oaths of allegiance, fupremacy, and fidelity, can be adminftered ; or any mem- ber admitted to a poflible means of neglecl- C 3 & ing, or betraying the truft of the people, or differing any encroachment of the trnftees of the executive authority on the privileges of the fubjedt. Nothing can conftitute an acl of the legiflature which has not this con- fent of the people : no tax or money can bo levied : no military or naval armaments main- tained, nor mutiny and defertion punimed, without fuch confent exprefsly and annually obtained : or, in other words, without their verdict as a national Jury of the People, ' that it is right and ought to be done .*" And thus in every queftion which can be agi- tated either in that houfe, or by the other branches of the legiflature, this national jury muft firft approve the meafure before it can be adopted : and if for argument fake, we admit their judgment on any point to be er- roneous, it muft then undergo the rigid fcru- tiny of the other two co-ordinate branches, pofleffing alfo the diftincl property of Juries which our conftitution has wifely defigned, to to correct : fo that by the vigilant exercife of this principle of each jealoufly check- ing and controuling the other, the indivi- dual branches poffefs as much power, as can be exercifed with fafety and benefit ei- ther to themfelves, or to the whole. And hence my conclufions, that the true intereil of the people of England pofitively forbids their poiTefling a larger fhare in the legifla- ttire than the happy conftruction of our pre- fent conftitution allots them" and fo long 44 as their Houfe of Commons (hall preferve 4( its own dignity and independence, by " faithfully adhering to the true principle *' and fpirit of its institution, it is morally ' impoffible that the rights of the people can *< ever be annihilated."* This naturally induces the queftion,What is the end of this Inftitution, and in what does its principle and fpirit confift ? That it fbould be compofed wholly of the people, and C be be a pure, unbiafTed, and independent con- troul in behalf of the people, neither encroach- ing on, nor fuflfering encroachment ; and, in its actions, neither knowing nor being known, by either of the other two eftates ; neither fub- mitting its conduct to influence, nor permit- ting interference ; but, affiduoufly and tin- ceafingly watching, guarding, and preferv- ing this valuable and dignified fpirit, founded on the natural rights of the people. It is the firft duty of our Reprefentatives in their truft, rigidly to preferve this independent and well balanced order, under a fixed fyftem of diftincl and jealous dignity, which forms re- pellants little fhort of declared hoftility to- wards the other two efiates : for the moment they fuflfer this vital principle to be ufurped or infringed, the defign of the institution is fubverted and difordered ; their independence and dignity are loft ; the whole fabric of the conftitution, by the defertion of its appointed guardians, is in danger of being facrificed ; and and under a continuance of mere form, the .people no longer reprefented, are reduced to filent fubmiffion under arbitrary authority. Thus, I conceive, the end of this Inftitu- tion is, a general guardianfhip for the peo- ple againft arbitrary power, as dictated by wicked, tyrannical, and fanguinary ufurpa- tions, during the fuperftition and ignorance of paft ages ; and which our patriotic an- ceftors determined it wife, pofitively, and for ever, to prohibit, by eftablifhing an Houfe of Reprefentatives with power, not only competent to its own functions, but qua- lified, as every body knows, by withholding pecuniary fupplies, to dictate to the other two Eftates, whenever the condition of the State fhall demand it. And, on the other hand, all the acts of this branch of the Legiflature being aflented to by the other two (provided they are fuch as do not militate againft the conftitution), are ( 6 ) are binding on the people; and, thencefor* ward, it becomes their duty, rigidly, faith- fully, and implicitly to fubfcribe obedience, and to render their perfonal fervices for the accomplifhment of the compact. Hence, the importance of this Houfe to the People, and the necefiity of the free, and judicious, choice of its members : hence, the fource of that jealoufy with which their conduct is fo accurately fcrutinized ; and of the expedience of fuch vigilance being incefiant in its ope- ration ; hence too fhould be decifion of judgment; fevere and unrelenting refent** ment towards fuch of their national Repre-* fentatives as fail in their duty. How far our Houfe of Reprefentatives is at prefent, what the fpirit of the conftitution demands, or whether it requires an immedi- ate Reform, is a fubject, of which I fhall not enter into minute difcuflion, as that would be encroaching on a department already engag- ing ing the moft diftinguifhed characters of this kingdom, whofe brilliant talents, and politi- cal integrity, can only be equalled by their ardent zeal for the public good ; and by that exemplary moderation with which they pro- ceed in afliiming a duty of fuch eflential mo- ment to the liberties of the people ; and which too had been before inoft folemnly promifed by others, yet neverthelefs, preci- pitately abandoned, as foon as the means were obtained of fulfilling the engagements they had entered into. On this point therefore, I fhall only add, my mite of applaufe to the " FRIENDS OF THE PEOPLE," for their honeft and afli- duous fervices in the prefer vat ion and main- tenance of our happy conflitution ; nor is it 9. fmall ftep towards their fuccefs, that the elective franchife poflefles one advantage over all other property, that its benefits are pot leflened by being diffufed to plurality of of objects ; for no one man can be in- jured in his privilege of voting by its being extended to another. By thus multiply- ing the right, and by limiting elections to one and the fame day throughout the king- dom, a fair profpecl is afforded of dimi- nifhing conteft, of annihilating bribery and corruption, and other undue influence, and of fatisfying the public mind, that our HOUSE OF COMMONS a6hially iswhat it ought to be, the REAL and GENUINE REPRESENTATION of the PEOPLE. SECTION IV. HABEAS CORPUS ACT, TO PRESERVE US FROM WRONGFUL IMPRISONMENT, A RBITRARY imprifonment has, in all ages,been afummary mode of difpofmg of individuals, whether obnoxious through popularity, or any other caufe. It has been been found convenient to promote the dark purpofes of men perverting difcretionary authority, into minifterial intrigue ; and for the moft part finds a veil in a blind fubmiflion to general confidence. The hif- tory of all ftates furnifhes but too many ex- amples of fo nefarious a practice. And this general hoftility againft human liberty has pointed out the neceflity of providing ftrong entrenchments to fecure it. Our anceftors, afflicted and tortured by the feverities of oppreffion, were early rotifed to feek a re- medy, and they have left us the valuable pri- vilege of Habeas Corpus, as the glorious mo- nument of a triumph over defpotifm. From that moment it has been decided, that the perfonal liberty of Britons fliould no longer be at the difpofal of difcretionary power. It is, therefore, our duty to preferve this glo- rious reftitution made us for all the blood and treafure expended in the conteft. Our laws fo amply afford us the means of doing fo ( 3 ) jfo, that no caufes, fhort of that extreme ne* ceffity created by an actual foreign invafion, or internal rebellion, in which the fafety of the ftate is likely to be fhaken, can at any time juftify its fufpenfion. There is at pre- ient not a ihadow of the appearance of any in- teftine difturbance; toairertotherwife,would be a libel on the people ; and the grofleft calumny. State neceflity never dictates but on a prin- ciple of felf prefervation : to remedy or pro- vide againft exifting evils, not to create them ; nor can any ftate be interefted in the deftruction of itfelf. The Liberty of Britain is her only bafis founded on Magna Charta : and any doctrine to perfuade Britons, that the Conftitution would ftand when Liberty was defiroyed, would be an infult. That Liberty muft be lafting and immutable ; alike facred to all men, but more efpecially fo to thofe in power, who are purpofely placed ( 31 ) placed on duty to guard it even from the breath of invafion : nor would Britons en- dure a law, rendering it liable to inftability, or fuch occafional modification as the crook- ed policy of any exifting adminiftration might capricioufly determine : if it were fo, this only diftinclion between a free ftate and a land of flavery, might foon be removed, and Liberty reduced to a mere infulting pafs- word for treacherous impofition. In this light, the privilege of Habeas Corpus mult be more zealoufly guarded againft contin- gent modification than any other, becaufe more liable to fall a facrifice to the inroads of power. The other component parts of the Conftitution pofleffing repellants, contribute to fupporteach other againft injury or inva- fion : but the Habeas Corpus (lands, as it were, fmgle and detached, and finds no af- fiftance from the reft but in the precarious ilTue of the law ; after a mifchievous aflault has been fuftained* The The fufpenfion of the Habeas Corpus act, is an explicit declaration, that the falutary law which prefer ves perfonal liberty againft wrongful imprifonment, fliall be temporarily repealed ; and that any citizen may be deprived of his Liberty at the difcretion of an officiat- ing magiftrate; and, however flagrant the in- juftice, without the power of reforting to the Habeas Corpus for relief, or as the means of knowing the offence alledged againft him. It is true there is no appearance of fuch a declaration at prefent : but a partial fufpen- fion has been in agitation when it was wrong and unneceflary. For if a falfe alarm is to occafion a diminution of our privileges, what may not be juftly apprehended, fhould a con- vulfion take place in the flate, through un- wife, erroneous, or unfuccefsful meafures, in times too portending events of which no human judgment can forefee the end ? Any partial fufpenfion wantonly refolved on, can only ( 33 ) | only foretell a general one ; the next gra- dation would be a total abrogation. It is our indifpen fable duty to avert this. It (hould too be the firft care of our agents in parlia- ment to guard not that alone, but all our liberties, with vigilance and unceafmg jea- loufy. We depute them to reprefent us with limited powers, and thefe are exprefsly re- ftricted to our benefit. We have no where given them an authority, either directly or implied, to deprive us of our franchifes*^ It was with fevere ftruggles they were * Blackftone. VOL. I. p. 161, Ninth Edition, fpeaking of Parliament " It can change or create afrefh, even the " Conftitution of the Kingdom, and of Parliaments them- (t felves as was done by the act of Union, and the feveral " Statutes of triennial and feptennial Elections." As the celebrated author of the Commentaries was too conftitu- tional to infmuate a charge of public coercion or ufurpation againft any of the three Eftates, he could only mean to veft fuch extraordinary powers in the parliament, certain that they would never be enforced but at the exprefs inftance and un- equivocal fenfe of the nation at large ; and mufl wholly con - eentre in that exclufive privilege which enables the People, by their Houfe of Commons, to dictate to the other two Eflates. D acquired, ( 34 ) acquired, and our laws have ordained, that they fhall not be eafily parted with. This can only be done by the general and unanimous confent, not only of the whole people of thefe united Kingdoms, but by the concurrence of the other two co-or- dinate Eftates, equally the truftees of the People. To fufpend the Habeas Corpus unneceflarily, therefore, would be to be- tray us, and difgrace themfelves. It would be impofmg a moil ferious and alarming grievance ; and one that the laft neceffity only, arifing from fome public con- vulfion, could juftify ; a neceffity which does not at prefent exift. Are the good peo- ple in a ftate of Rebellion, as has been moft wickedly infmuated, who daily ma- nifeft their loyalty by open and declara- tory acls ? Or are we invaded by a foreign enemy ? In order to be enabled to at up to the principles of veneration which we profefs for the ( 35 ) the Conftitution, we ought not to fuffer any indifference for it, tinder a blind confi- dence in men, infenfibly to poffefs us *. It belongs to us, to fee that they perform their functions. And it may be confidered as a misfortune, that the generality of the world, pleafed with indolent fecurity, arefa- tisfied to partake of the benefits of fociety * The Decemviri of Rome were chofen from among the mod difpaflionate, unambitious citizens, to compile a code of laws for the ufe of v the people, and were entrufted with ab- folute power over the Commonwealth. In private life they were men of auftere morals, rigid integrity, and mild dif- pofitions ; and it was with much difficulty, and not without apparent reluctance that they could be prevailed on to accept the truft : yet foon afterwards, inebriated with power and the advantages of office, they openly threw off the maflc, and became fo odious for their tyranny, that in the third year after their creation, the people were fo highly exafperattd as to demand them from the Senate in order to burn them alive." This was no more than the ordinary effecT: of a too ready confidence in their intentions and fervices, and a blind re- liance on their integrity and moderation ; and it teaches us at lead, that we ought not always to fleep, becaufe we have a ftationary watch on duty. D 2 without ( 36 ) \vithout any participation of the hazards and fervices by which they are acquired, or interefting themfelves in the means by which they are to be preferved. This indolent fe- curity and unfufpecYmg confidence, has pro- ved one of the fharpeft thorns in the fide of human happinefs. For power not lefs the inftrument of general mifchief than the guardian of public benefit, mould be confi- dered only as the facred ftock of the com- munity ; and even when moft neceflary, but temporarily delegated to individuals for a fpecial fervice ; and like arms diftributed a- mong citizens for the occafional defence of a ftate, to be returned as foon as a fpecific duty has been performed. In a crifis like the prefent, when it is difficult to afiume an al- ternative between civil confufion and abje6l humiliation, it becomes the duty of every good citizen and well-wifher to the Confti- tution, to watch the moment of error or dan- ger ; and when we behold meafures adopted which ( 37 ) which threaten to break down the ftrongeft barriers of human fecurity, it behoves us to confult and aflbciate for general protection, as the only means of averting convulfion. It has been obferved, that when we depute our Reprefentatives to parliament, we do not inveft them with an authority to difpofe of or even to weaken our privileges. Were that au- thority to be granted in any in fiance, it might be practiced in all ; and that conftitution we fo much revere, and the Liberties emanating therefrom, might in one day be facrificed to defign or neglect, and this region of freedom, be converted into a land of flavery and def- potifm. While the Habeas Corpus retains its virtue, we fleep in fecurity : if not happy and contented, who can we reproach when we feel ourfelves placed beyond the reach of ar- bitrary difpofitions ? But, this a6l once fuf- pended (which may be ferioufly apprehend- ed Ihould we be hurried into HoftilitieS* with D 3 France) ? r (51315 ( 38 ) France) who is fecure ? Or what man can rife in the morning and be certain, that he fhall not pafs the enfuing night in a dungeon, or within the walls of an inquifition, fecreted from his family, not knowing where or how to call for relief? What father of a family is there to be found, whofe chearful fire-fide might not be fuddenly turned into a fcene of horror, fhrieks, and mourning ; their na^ tural protector torn from his endearing ftation ? The extreme of neceflity can only warrant fo violent an outrage on the conftitution, Let us, therefore, admonilh our Reprefenta- tives in parliament, and recommend to them, as they value their own liberties, and revere our Conftitution ; as they regard their duty, and bear in remembrance the folemn oaths which enabled them to enter on their functions ; and as they may expect to receive the future confidence of their Conftituents, not C 39 ) not to confent on any confideration fhort of *he laft neceflity , that the Habeas Corpus A61 mould be even for a moment fufpended. The right of Ele<5lors to inftrucl: their re- prefentatives in parliament has been often debated, though the doubt of its exiftence muft afluredly be unfounded. Elfe, what means the privilege of a free-poftage ? Whence its origin ? But that the correfpond- ence on the duties of their deputation, ihould not be fubje<5l to impediment ? Were it other wife, how could Members conduct themfelves,who are probably ftrangers in the places they reprefent, and whofe avocations in life have never afforded them the oppor- tunity of attaining a knowledge of thofe particular interefts, which it is the object of their miflion to promote ? An elegant wri- ter whofe principles and philanthropy are as fuperior to fufpicion, as to praife, fpeaking of our Houfe of Reprefentatives, lays it down D as ( 4 ) as an axiom, " that the virtue, fpirit, and ef- " fence of it confifts in its being the exprefs " image of the feelings of the nation/' What does this import, but, that, in the true fenfe and fpirit of a delegated truft, our feelings are to be their feelings ; our in- terefts, their inter efts ; and our inftru&ions, their particular duty ? Let us not then, at any time, be deterred from offering either nfeful inftru6lion, or feafonable admoni- tion ; or from motives of cenfurable delica- cy, fee them run wildly into error, or ex- tremes ; and, in the exercife of their func- tions, act with as much indifference to- wards their Conftituents, as if they were treating about the private property of an eftate, the live ftock,and all its appurtenances. Every reprefentative, who knows his duty, and contemns not the hand from whence he derived his commidion, will court our aid, and pride himfelf on his obedience and his fervices. And, I truft, every good citi- zen ( 4' ) ten who venerates the Conftitution, will unite with me in deprecating any injury to this bulwark of our perfonal liberty, fince his tranquillity and fafety are more or lefs involved in it ; and fince the throne of thefe realms is never fo fecurely eftablifhed, as when fupported by public freedom, and voluntary affection. SECTION I 42 ) SECTION V. TRIAL BY JURY, TO SECURE US FROM UNNECESSARY PROSECU- TION, AND TO PROTECT US AGAINST INJURIOUS DECISIONS. WHILST the eloquent and undifmayed DEFENDER of the LIBERTY of the PRESS (hall continue to plead : Whilft the faithful FRIEND OF THE PEOPLE, by defending our rights, continues to ftrengthen our Conftitu- tion ; to enlighten, and to charm his cotemporaries into the emulation of his example; and, whilft we mentally contemplate that glorious monument, erefted for the benefit of the people at the fhrine of virtue, on which ftands infcribed, The REDEMPTION OF THE RIGHTS OF THE PEOPLE, FROM LONG INSIDIOUS USURPATION, THE PROUD REWARD OF INTEGRITY UNSUSPECTED, AND TALENTS UNSURPASSED, TRIAL ( 43 ) TRIAL by JURY, though long familiar to the willing ear of Britons, muft continue to generate new veneration, even among them, and to imprefs diftant nations with its purity, dignity, and importance ; nay, even pofterity will be induced to rival each other in admiration, until the iron arm of fome new found tyranny fhall deface its beauty, or time fhall be no more ! The tribute of applaufe being paid to the reftorers of our long alienated right" the * s Power of juries to decide on both Law ft and Facl, in profecutions for Libel ;" and this brilliant conqueft recorded in our hearts ; our next object of confideration is, the means of preferving and handing the facred pledge down to pofterity, as perfect and untainted, as, in its prefent pu- rified ftate, we now receive it. Beautiful as we behold trial by jury, in theory ; ( 44 ) theory ; and competent as it is to afford us all the bleffings and advantages it promifes ; yet without our farther aid and fupport, even this alluring fabric cannot long with- ftand the infidious attack the undermining fap, which defigning men may, and, in all human probability, will attempt againft it. We ought, therefore, not only to be thankful for its attainment,but gratitude requires that we fhould deferve it by our conduct. Had Mr. Fox's Act been obtained thirty years ago, or had its principles been under- flood, and firmly acted up to, as became the duty of a People tenacious of their birth- rights and privileges, how much poignant diftrefs, undeferved punifhment, exorbitant fine, and loathfome imprifonment, would have been unfelt how many unhappy Vic- tims had not, in that period, fallen under thefe fevere afflictions a period, poffibly of more importance to the Liberty of tl^e Prefs, the ( 45 ) the ftate of civil government, and the general diflemination of knowledge, than any of the fame duration within the annals of Hiftory? Though this may be a reflection more par- ticularly applicable to men in the habit of committing their thoughts to the prefs, it is not, however, of fmall importance for us to confider the wounds which civilization has fuftained, as a means of preventing them in future. Some attentions and fupport this tran- fcendant fabric muft ever require ; not the lead of which is an occafional attendance to ferve on juries. This is fo eafy to ind- ividuals, fo reafonable in itfelf, that a good citizen will blufli at any remiflhefs of which he may be confcious. Judge Blackftone has told us, " that it is " the tranfcendent privilege of every Englifh- " man, that he cannot be affected in either " hb ( 46 ) " his Property, his Liberty, or his Perfon, " but by the unanimous confent of twelve of his " Neighbours and Equals" What benign comfort, what fecurity of Liberty, Perfon, and Property, does the abftracl imprefiion of this doctrine imperceptibly inftil into our minds ; and how ftiperior does it teach us to value ourfelves over the inhabitants of other regions of the world, where trial by jury is unknown ! Happy had now been diftracled France, inhabited by twenty-five millions of people, could a Frenchman formerly, like ourfelves, have faid " my Liberty, my Per- " fon, my Property are facred, until at leaft " twelve Frenchmen can be found unani- " moufly of opinion, that fact and law " demand that I (hould fubmit to a depriva- " tion of them/' If, then, the prefent mi- feries of Europe may be attributed to the want of that formidable rampart of the peo- ple's rights, the trial by jury, which I moft cordially believe : If we behold defpotifm exercifed ( 47 ) exercifed in every ftate throughout the world where trial by jury has not ere<5ted a ftand- ard ; and, if even in our own, where it is known " to be almoft coeval with the coun- " try, and its very inftitution to have given " birth to an imperfect conftitution ;" we find, that the mind of man, naturally prone to tyranny and ufurpatioo, had, in the courfe of time, fo completely undermined its veryefience,as almoft to have reduced an em- pannelled jury to the mere fkeleton of abject obedience to the expounder of the law .--How glorious then ought to be the exultation of Britons ; and how perfonally grateful fhould they feel towards their fellow-citizens, whofe -integrity, eloquence, and undifmayed per- feverance, have reftored to us this blefling ; with the fplendor and purity of its original intention ! ! -Such feelings fhould convince us, that it is beneath the dignity of our character to (hew an indifference, or a difm- clination to ferve on juries ; evafions from which which have been to my own knowledge, fo frequent, as even to have afforded the opportunity and fpecious plea for thofe ufur- pations of which we have hitherto had rea- fon to complain. To be fatisfied that this is not an occafional opinion, or fome newly adopted principle, I hope it will not be deemed impertinent to aflert, that ever fmce I have attained the age of qualification, I have never declined acting either as a grand or petty juror ac- cording to the citations I may have received ; and though for many years entrufted with important public duties, I have never fuffer- ed either thofe, or my own private concerns, of whatever nature they may have been, ferve as pleas for the evafion of this my firft duty as an Englifhman. Next to the difmclination of ferving on juries, is another evil which has lately ap- peared ( 49 ) peared of no lefs dangerous tendency : I mean, that of the voluntary, though unin- tentional difqualificationsj to act as jurors, by means of fignatures to parochial decla- rations, moft loyally intended, and fo far laudable ; but certainly, in many particulars, infringing violently on our privileges ; and even fatally propagating thofe evils, which a miftaken zeal might have hoped to diffi- pate. It did not perhaps at firft occur, that fuch combinations violated the confti- tution by the erection of tribunals, inquifi - *ions, and inquifitors, as odious in name every where, as arbitrary and illegal in practice, Who would not fhudder, if but for a moment, confidered as an inquifitor ? And yet, how many have voluntarily af- fumed that office ! I will endeavour to illuf- trate this by adverting to fome of the leading points of the declarations in .queilion. fcu.- -iui ^J
under a fyftem of protecting laws, her in- dependence is eftablifhed. Neither can it be, becaufe all thefe bleffings are happily diffiif- ed among the people by a gracious Sove- reign ! ! whofe manifold virtues, whether contemplated as a hulband, a fathej, or a friend, both in his public and private cha- racter, are undeniable, and whofe fole mo- tives are unbounded humanity and affec- tion ! An idea has been induftrioufly circulat- ed, that the people are defpifed as a multi- tude and cyphers in the ftate. The pofi- G 2 tion ( 84 ) tion I fhould hope to be impoffible ; and the face of the country ftamps it fo. A view of the government evidently manifefts that, although the eftablifhed plan of its adminiftration delegates authority to fepa- rate eftates, in the character of truftees for the community, there can actually be but one, and, politically, only two parties, the KING and the PEOPLE ; and that there does not exift a middle clafs. For, what are the nobility but a fmall number fup- pofed to be frlected and dignified by their virtues and fervices, and politically entruft- ed, for the BENEFIT of the PEOPLE, with the intermediate fituation of a COUNCIL and JURY of the NATION ? The People are the real and folid fupport of the (late ; and inftead of not exifting any where, they are to be feen in all Rations, as the prominent figure in the fcene. Are they in the management of the government ? there there can be no government without them. Are they poflefled of power ? They are, as being the national truftees conftitutionally appointed by their popularity. Do they make laws for the State ? They wholly pof- fds, in their Houfe of Commons, the depart- ment which can dictate laws. Do they judge of the breaches of thofe laws ? We find them in the chara6ter of JURORS interpreting and fupporting what they themfelves have en- a61ed as LEGISLATORS. Are their deci- fions to be fulfilled ? We find the people at once obeying and executing ; and that with- out their fervices, breaches of the laws would render laws inefficient. Are the people ag- grieved ? We fee them appealing to thcm- felves in that department of the ftate in which they are purpofely .ftationed to defend their liberties, to redrefs their own grievances'; and by checking the popular truftees in the abufe of power, and upholding the other two Eftates, as the certain means of G 3 averting ( 86 ) averting oppreffion and difcontents, we be- hold the people preferving that conftitution which is the bafis of all. Are the people in all the public offices and departments of the ftate? Without them the doors of no aflem- bly would be unlocked. Are they employed in the army and navy ? Without them, there could be neither. Do they cultivate the land and employ .the manufactures for their own benefit? Without fuch affiftance the firft would be unproductive, and the latter fall into decay. POPULARITY \ . is another term for the GOOD-WILL of the PEOPLE, is indeed the proud prize of all men : the great ftruggle of ftatefmen : the only CONSTI- TUTIONAL method by which they can or ought to become the minifters of the people entrufted with the management of the Hate. When grievances are felt, the conftitution which which tells us, " that the King can do no wrong," teaches us alfo, that the caufe is only to be looked for, and can be found but among the PEOPLE : and in order to af- certain, in what clafs of them, we have but to enquire of OURSELVES, who, among us, has the power to inflicl grievances ? Or, who, being in pofleffion of power, has the op- portunity of abufmg it ? And, in this en- quiry we are, firft, directed to thofe indivi- duals of the people, whofe POPULARITY created them the TRUSTEES of the execu- tive power; and we fhall next advert to fuch part of them as have been felecled to fill that department of the ftate, whofe infti- tution was defigned as a CONTROUL FOR THE PEOPLE. And, it is here we fhall difcover the fource of the evil. By thus inveftigating the caufe, we have new reafons to admire the well defigned or- der of our conftitution ; and fhall find our G 4, fyftem ( 88 ) fyftem fo perfect, that thefe departments cannot err feparately : they can only do fo together and by connivance: for, if the truftees of the executive power abufe their truft, the controuling power, with no lefs wickednefs, muft betray theirs. If each per- form its controuling functions, neither can be wrong ; and no caufe of grievance or dif- content can poffibly exift. For, when they do exift, they can only proceed from fuch a collufion and combination of the executive and reftraining truftees againft the people at large, as fubverts the fabric of government. It is here therefore, whenever the ftate be- comes difordered, that the people muft direct their attention ; and, as they with the confti- tution to be preferved, muft apply the re- medy : to effectuate which, they have the choice of two conftitutional alternatives ; one of which refers to their reprefentatives ; and the other to the crown. They may admo- nifh their refpeclive members individually or or apply to them, in their collective capacity, by petition : and they can alfo legally, en- treat his majefty, to refer the remedy to the people at large, by putting an end to the truft of their reprefentatives by a diffolution of the parliament The well known principle of our confti- tution, " that the King can do no wrong," can never be too often repeated, or too feri- oufly inculcated : no fyftem of ethics ever contained a ftricler truth : for, our conftitu- tion is fo wifely founded on popular princi- ples, that the king has but the power of doing GOOD. Minifters only are jefponfi- ble to the nation at large for every thing that is wrong, be the caufe what it may ; their truft and nomination meaning this or no- thing. And thus they enter on their duties, under the fevered penalties to which men can poflibly be fubjecled. It is, however, to be lamented, as perhaps the leading caufe of national ( 9 ) national calamities, that authority once ob- tained, minifters do not always recollect, ei- ther that they are the fervants of the com- munity, or even remenjber the objects which induced the people to truft them. Some men poffibly confider confiftency of conduct as incompatible with the dignity of general confidence: and few, indeed, are the inftan- ces where the allurement of ftationhas been deliberately rejected on a rigid principle of duty. Were the minifters of the people more faithful, or as upright as they muft be when dependant on popular fupport, con- vulfion would have been lefs known, calamity fcarcely felt, and animofity among nations had long fubfided. The Britifh government can alone infpire the hiftorian with pride to communicate to pofterity, that amid fcientific corrup- tion, when the reprefentatives of nations virtually acted on a fyftem of defection, the people ( 9' ) people of England had the glory to ele<5l a minifter, who, faithful to VIRTUE and HIM- SELF ! apprehending a confpiracy among the other truftees againft thofe interefts which the vox-popuH had ftationed him to defend, and fcorning to become a party, he honour- ably founded the alarm, and refigned a func- tion that could only prove advantageous to himfelf *. How oppofite to this is the condu6l of minifters in general, be their country or the nature of their government what it may. Poflefled of power, they foon become willing to confider it as committed to them for their * In March 1782, Mr. Fox was chofen Secretary of State. In July following, finding a majority of the cabinet oppofing the expectations of the Nation, he refigned. In April 1783, the voice of the People replaced him. With the lofs of his India Bill, he again quitted his ftation. That Bill would alone immortalize him ! Though fupported by the almoft unanimous applaufes of the Houfeof Commons, it was overruled in the Honfe of Lords. It is now feen, that the operation of that Bill would have produced a relief of the burthens of the People to the amount of three millions annually. own ( 9* ) own private advantage, and the fupport of their partialities and friendfhips. Their ex- ertions no longer defcending to the relief of public burthens, are converted into a fyftem of finance. And merit alone confifts in ex- tent of the Excife, afieffment, and contribu- tion. Treafure is amafled from the labours and induftry of the people. And, the monf- ter thus torn from their bowels and exhi- bited to view ! they are taught to admire and to adopt it, as the happy fruit of minifterial talent. Minifters have, however, thefe trea- liires at their difpofal, and ufe them but as the means of their own fupport. When we furvey a Houfe of Reprefentatives, whole duty it mould be to prohibit abufe of power, and wafte of money, we fee men with views and paflions to gratify : and who even go into the aflembly in purfuit of places, penfions, and honours. The application of thefe four- ces of corruption, fupported by extenfiye armed eftablifhments, frequently conftitute the ( .93 ) the whole fcience of government. And the power to conduct it thus left indefinite, its operation will ever be directed to create fin- ance, in order to multiply patronage, and fo perpetuate its own exigence. It is thus that minifters too often become thefole arbiters of tleir own conduct, and like the Decemviri of Rome, hefitate not to un- made and maintain their fituations at all hazards. It is thus, that callous to remon- ftrance, they revile and employ hirelings to decry the condu6l of men capable of expo- fing them as a means of removing oppofition. They ftrive to blind the People againft their true friends, and to fow diflention among them, by obloquy, invective, and falfe impu- tations. Individuals of them are fometimes feen threatening the cabinet with retiring on their thus acquired popularity, as a means of commanding acquiefcence to obnoxious meafures: fometimes terrifying the people with with the force of prerogative. And even under portending conflict -to the country, flipulating and contending among them- felves for the feleclion of places or the ex- tent of corrupt influence ! Such practices in any ftate only warn us to be circumfpect in our own, and to feel the happinefs of being able to avert them. Whenever, therefore, attempts are occafion- ally made to fet the King and the People at variance ; by inducing the King to doubt the fidelity of the people and the people to be jealous of the royal prerogative, we (hall be juftified in our conftruclion of the motives of fuch conduct, in our intermediate agents ; and thus trace with certainty the fource of our wrongs. Whatever may be the caufe of our fufferings, we are directed by the con- flitution to look for it among minifters, with whom alone our controverfies muft be. To what elfe can we attribute all the mileries and ( 95 ) and blood [hed with which England has at any time been afflicted ? Our hiftory indeed affords but one inftance of any conteft really and wholly between the King and the Peo- ple. I refer to the fecond James ; and here the inequality was fo great (which it will always be under fimilar circumftances) that in order to decide it, the people had but to declare their determination, and to leave the King a free paflage by which quietly to ef- fect his efcape. The cafe of Charles the firft was different. It was not a conteft between the King and the People. It was a ftruggle between the vicious part of the community, and individuals feeling and acting like men determined on freedom. The former par- took of, and, therefore, were attached to a fyftem of tyranny and flavery , concealed un- der the difguife of divine right, pafllve obe- dience, and non-refiftance. To thefe there fprangupa third, and ultimately the pre- vailing party. This, which had been enabled to to ere6l a ftandard with the inftruments and from the difcords of the other two, was, through the ignorance of the People, fcan- daloufly fuffered to ftab the confutation, by pardoning, or rather overlooking thofe mi- nifters and abettors of the deceived King, \vhofe lives fhould have been the juft forfeit ; and inhumanly butchering the Sovereign in defiance of his inviolability. The people at large were doomed unavailingly to repine until the period of the Revolution. I repeat, therefore, what I fliould feel myfelf happy if I could fo engrave on the heart of every one, that it fhould extend it- felf with time, fpurn at all infidious and cor- rupt attempts to create a jealoufy of our be- loved fovereign. In every inftance of the kind, his exemplary virtues fhould ftigma- tize fuch efforts with the odium of treafon- able falfehood. It is only the intermediate truftees of power appointed by ourfelves and accountable ( 97 ) accountable to us for their conduct, of whom \ve have to be jealous; who when we enable them to fulfil their mod folemn pledges for our benefit, fcornfully forget the hand which foftered them, and the return due to it ; and, thenceforward, only devife means beft calcu- lated to fcrengthen themfelves under fuch pretences and fubterfuges, as the undefined branches of our conftitution may furnifh to their ingenuity. Confide, then, in your King, he is the conftitutional defender of liberty; and the watchful guardian of your happinefs : but, fuffer not your attention to be afleep to the condu6l of fuch of your intermediate agents Rationed as his Minifters: they alone have the power to injure; and equally poflefs the means of deceiving the King, and of im- pofing on you. Were thefe agents always as vigilant, faithful and difinterefted, as you are aclive in encouraging them by your con- H fidence, fidence, domeftic tranquillity would not be liable to violation, or furprize ; nor could any impudent intrigue, or coarfe, infulting impofition be attempted to fow difcord ; to profcribe fome as rebels ; and brand all with difaffeclion, infurrection, and fedition. In a free ftate, a general fearch warrant, incomplete only in legality, is backed by the terrific influence of office, and the hover- ing menaces of military force, while the people themfelves indignantly defy the teft! And at the fame time prove them- felves good citizens throughout the na- tion, ftruggling who (hall be the firft to ex- hibit the pureft loyalty, the moft exemplary attachment to the conftitution, and the moft rigid fubordination to legal magiftrates and to the exiting laws ! Artifices of the grofleft complexion, when fanctioned by authority, eafily command the credulity of the people. The extraordinary and ( 99 ) and abrupt manner in which parliament was convened, countenanced the late delufion: and, judging by events, individuals might be induced to conceive the whole as a pre-con- certed plan infidioufly contrived to operate as a cover for fecret purpofes, which, confid- ently with the public pledge of neutrality, dared not to be avowed, but which diftant continental connections might eafily lead us to conjecture. It is eafy to deceive, -difficult to undeceive ; and this difficulty encreafes in proportion as the original artifice has fpread. But, in this inftance ,what expofes the delufion, is a review of the meafures which have been adopted ; the fhort fitting of parliament ; the failure of an houfe when it had been appoint- ed to meet ; the almoft inftant adjournment in the midft of alledged danger ; and that too for as long a period as in times of uninterrupted tranquillity ; had there been any real foundation for an apprehend- ed convulfion, the fteps taken were in- H 2 fufficient fufficient to the avowed object. But the adjournment of parliament, has, unequi- vocally declared to us, that more was not requifite. If the alarm had not been previ- oufly ftipprefied, or the political feint ex- ploded, the removal of which was the avowed object of our national conftituents afTem- bling, furely they would never have ad- journed themfelves. Safety of the ftate, and duty, had forbidden it. The fitting of parliament always infpires the nation with confidence ; it is the Stationary /^z/gvz/ from whence the people take their motions ; and the late fudden call of it was wholly in that fpirit. And its early adjournment clearly manifelled, that thejlorms of the ftate were not alarming. Although the general tremor of ap- prehenfion has fubfided, the mifchievous impreffion it has left on the public mind is much to be deplored ; and it is more than ever ever incumbent on us to be circumfpect in performing our refpeclive duties, by which alone the people can effectually recover their wonted weight and dignity ; and the proper balance of government can be reftored. It is an evil peculiar to a popular government, that in all extraordinary cafes it is liable to be hurried into extremes by the artifices of de- figning men, who deriving confidence from fuppofed probity, whenever they depart from that character to fuit the necefilty of the moment, it is under an artful difguife only that they prevail, and it is fo long before the confirmation fubfides, that the correction of the mifchief becomes next to impracticable. Under fuch an undue in- fluence, a middle way, between licentious oppofition and flavifh fubfervience, is diffi- cult. For as the one party acquires, the other proportionably lofes ftrength ; and the re- fult generally is fuch an abfolute preponder- ance on one fide, as to be little fhort of an- nihilation ( 102 ) nihilation on the other. In fuch a conjunc- ture, thofe who exert themfelves to correct a fyftem fo deftruclive in its operation to the order of the ftate, are the true friends of both, and merit diftinguifhed rewards from their country. Our late agitation evinces this truth. We have feen attachment to the conftitution teftified at the expence of freedom ; and we have feen the cenfure of a fmgle book, even before its merits had been decided on by the law, confidered as a fjgnal for a fyftematic exertion to annihilate the liberty of the prefs, that grand luminary, which has already refcued, and which only can preferve the world from ignorance and flavery. By this outrageous attack the rights of mankind have received a wound, to be healed only by the foftering hand of juries, and by an accurate and nice difcrimination of their duties and jurifdiclion. BRITONS ! We cannot too facredly ve- nerate nerate our prefent conftitution, the govern- ing principles of which are in full vigour and luftre, and only vulnerable when we neglecl: to perform our duty in defend- ing the true balance between liberty and prerogative, as eftablifhed by law. We never can too highly value our now unlimited right of trial and decifion by Jury, which it depends on ourfelves to maintain ; and fo long as we preferve it in its purity, it will fup- port our liberties, though every other branch of the conftitution fhould perifh . We never can atone, either to the prefent, or to genera- tions yet unborn, for fuffering an injury to be committed againft our juftly-boafted birth-right the liberty of the prefs. And our unbounded power as jurors, purpofely created for its protection, will render us the more criminal, if we betray that facred truft. We cannot be too watchful over the truftees of power, nor too fcrupuloufly con- traft their engagements to obtain our confi- dence, ( 104 ) dence, \vith their manner of fulfilling their obligations. We never can too ferioufly refent any unconftitutional interference of ;; mili- tary power, which ought to have no ftrength but againft the enemies of our country. Nor can \ve be too tenacious of public free- dom, which is but a temporary bequeft to be tranfmitted undiminifhed to our children. We can never be too confident in a King, who fteadfaftly refts his throne on the affections of the People ; nor too zealoufly maintain the LIBERTY of BRITAIN ; the protection of which, fays Judge Blackftone, " is a duty " which the People owe to themfelves, who " enjoy it ; to their anceftors, who tranf- mitted it down; and to their pofterity, " who will claim at their hands, this, the " beft birthright, and nobleft inheritance of " mankind." FINIS. 082 6 UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below REC'D OF CA fiiliioliiHii 000000100 8