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<p* -
E i. One
( 5 )
i. One of the objects is declared to be, to
aid the civil authority in quelling riots, tu-
mults, &c. Is not this acknowledging, that
the Executive Government is either inade-
quate to its functions, or that they are fo
badly adminiftered, as to want the neceffity
of aid ? And, is it not an afllirance of the
exiftence of riot and tumult ; to the truth
of which, your declarations and fubfcrip-
tions are pledged. I muft affirm it as a truth,
that the powers poflefled by the Executive
Truftees of this country, are more than
competent to their duties ; and, were it
otherwife, I hope they are not fo unwife to
acknowledge fuch infufficiency by the ac-
ceptance of any fuch offers. To pretend
that the people are riotous and tumultuous,
is a foul imputation a grofs libel on them ;
and every one who loves the good order
which prevails, and is fatisfied of the com-
petency of the Executive Government ta
difcharge its functions, muft confider any
declaration
C 51 )
declaration to the contrary as deferving fe-
vere reprobation.
2. Denunciations are iflued againft the
circulators of all fuch publications as
have a tendency to fedition, and re-
wards are held out to informers. Here
again, zeal has ftrangely expofed pru-
dence ; and a mifchief is propagated by
a blind endeavour to avert it. Juft return-
ed from the triumph of a late victory in
eftablifhing the uncontrolled liberty of the
prefs, by an act fupported by the fuffrages
of the WHOLE NATION fave THREE OP-
POSING VOICES, there is now a precipitate
determination to violate it ; and a vir-
tual declaration that the nation fliall not
have that privilege. And, inftead of the
three individuals who officially declared
their hoftility to it ; and, therefore, had
the eyes of the whole nation directed
E a to
( 52 )
to their conduct, endeavours are now ufed fo
to multiply its enemies, that its true friends
may chance to be borne down and fuffocated
in the confufion, as will appear ;
3. When citizens are called on to unite
in this aflumed jurifdiclion, with defign to
profecute, punifh, reward, &c. Is it then
meant to be declared that the eftablifhed laws
of the empire, which are fo numerous as to
give employment and fortunes to one hun-
dred thoufand men engaged in the profeffion,
are, neverthelefs incompetent to punifh the
offences of which cognizance is thus uncon-
ilitutionally aflumed ; and as if there' were no
other jurifdidlion ? Under this imprefllon,
every man is qualified and capable of becom-
ing a vile corrupt informer and an incorrupt
judge of libel and fedition ; and in the very
fame breath, again dif qualified from acting
either as judge, juror, or witnefs, by fumma-
rily pre-judging and pre-determining offen-
ces
( 53 )
ces even before they have been committed.
Thus, unwarily, all the pains are taken which
ingenious men can take (and greater inge-
nuity was never more requifite) to undo thefe
extraordinary doings, by requiring every
body to aflbciate ; fo that the probability is,
that we may foon have offences to arraign
without an unprejudiced magiftrate before
whom to arraign them ; and offenders to try,
without an impartial jury to decide. Or, if
other wife, as all good citizens, not forefeeing
or reflecting on the confequences of thefe
implied evils, will have united in afTociations
which have for their object the pure fup-
port of the king and conftitution ; by rafh-
ly and injudicioufly mingling the difcordant
principles of jarring and reftlefs politics with
profeflions of loyalty, by a poifonous com-
pofition of loyalty, fedition, and libel, and
by a treafonable interference with the laws
of the ftate, we fhall leave only fuch of the
fufpicious and difaflfected who may not find
E 3 employment
( 54 )
employment as informers, to perform the
diftinct duties of magiftrate and juror ; and
thus become the fole arbiters and difpofers
of all the in formations, libels, feditions, riots,
and tumults, which the influence and en-
ticement of profered rewards, collufion and
fecret combination may excite.
4. Neither are extraordinary denuncia-
tions againft productions of feditious or li-
bellous tendency, calculated to obtain the end
which is promifed. So far from correcting
the mifchievous imprefllon, which fuch pro-
ductions are admitted to be capable of mak-
ing on the public mind ; by fulminatory de-
nunciations, it is avowed that there is no abili-
ty to over-rule their influence and reafoning ;
and, therefore, refort is to be had to violent
fuppreffion and fummary condemnation.
Thefe denunciations are fo general and un-
defined, that it is impoflible to fay precifely
what doctrines may or may not be the mark-
ed
( 55 )
ed objects of indignation and refentment.
If they go to queftion the fcheme of our con-
ftitution and government, lam decidedly of
opinion, that the eafieft and moft efficacious
way would have been to expofe the poifon
which the publications in queftion might
chance to contain ; and to inftru6t unin-
formed Britons in the principles of the
conftitution. It is not the conftitution
that is bad, but the extravagance and in-
trigues of the people in power, which de-
form its appearance, and render it hideous
tofuch as fee through a diftant medium ; and
perhaps only judge of it by the payment of
taxes. And this, poflibly, there may be a
greater defire of fuppreflTmg, than all the li-
bels and feditions, as well thofe which have
as thofe which have not appeared . Doubts of
our conftitution can only proceed from want
of knowledge ; while to explain what the
conftitution really is, would be the infallible
means of making thofe who live under it fen-
fible of the bleflings they derive from it ; and
E 4 i of
( 6 )
of increafing their attachment. Such is the
defign of this addrefs ; and if it fhould only
tend to render one milled citizen a convert to
the folid bleflings we poiTefs, the object will be
anfwered and my time amply requited. And
here I {hall conclude my obfervations on
trial by jury with a folemn exhortation to my
countrymen, to emulate each other in ful-
filling their duty, as Jurors, with alacrity,
patience and cheerfulnefs, as the certain
means of protecting each other againft op-
preffion when attempted ; of preferving the
dignity of our laws when offended ; and as
the infallible means, of maintaining the King
and the People in that uninterrupted affec-
tion and harmony which are the reciprocal
object and true intereft of both.
SECTION
( 57 )
SECTION VI.
THE LIBERTY OF THE PRESS.
obje6l is fo infeparably connected,
and interwoven with the general liber-
ties, and welfare of mankind, as to com-
mand our moft a6tive and lively protection.
The liberty of the prefs is indeed the grand
cement and organ of fociety ; the faithful
channel by which all good works are pro-
mulgated, and bad ones cenfured and expo-
fed. It is the induftrious and indefatigable
agent for the inftant circulation of particular
intelligence, and for the deliberate diflemi-
nation of general knowledge: the infallible
fupport of the honeft, and fafe refort of
the injured. It is the jealous avenger of
wrongs ; the vigilant guardian of rectitude.
It diftributes punifhment to vice and rewards
to virtue. It is an impenetrable fhield
againft
( 58 )
againft oppreflion, and the foul of inte-
grity. It is, as it were, the difcerning
eye of the public, and refpecls and dif-
tinguifhes men as their conduct intrinfically
merits. It is the fincere friend of freedom.
The implacable enemy of flavery. The in-
tellectual mirror of the univerfe defigned to
reflect happinefs on mankind, in which every
man has an inherent property. And it is fo
infeparably attached and affianced to trial
by jury, that they are the immutable fupport
of each other; and fo long as jurors fupport
the prefs, the prefs will fupport jurors. It
thus becomes the foul of all our perfonal li-
berties ; and the national fafeguard, without
which the dogmatical mandate of an ambiti-
ous minifter might be rendered the fole ar-
biter of civil government and freedom ; and
that conftitution which we fo enthufiaftically
venerate, foon become a dead letter.
Such are the virtues and diffufive proper-
ties
( 59 )
ties of the prefs : fuch the benefits it pro-
fefies to propagate throughout the world, to
the unlhackled exercife of which is commit-
ted the enviable conftitution of England !
How rigid, then, fhould we not be in main-
taining and preferving this univerfal vehicle
of human wifclom, in which the happinefs
of the world and of generations yet unborn
are fo eflentially involved ! With what deter-
mination and ardour fhould we not infift on
its free ufe; and, how refentful ought
we not to be on any abufe likely to en-
danger it !
Here again, my friends, let us paufe, and
unite in paying the grateful tribute of
fenfibility: Let us hail the GUARDIAN
GENIUS OF BRITAIN, to whofe fplendid
talents we are indebted for this lately ac-
quired ornament the corner ftone of that
heavenly attribute, to which nature gave
exiftence, but felected him to emanate its vir-
tue
tue and to interpret its intelligence, to the
glorious purpofe of encreafing the happinefs
of mankind ! Neither let us forget to ap-
plaud the valuable fervices which in defiance
of every difcouragement and encreafing dif-
ficulty, the caufe derived from the long and
u nr emitted exertions of the celebrated ora--
tor of the Englim bar, and which fo forcibly
contributed to its fuccefs !
As I have given my thoughts on the impor-
tant ufe of the prefs, I (hall offer fome obfer-
vations on the abufe of it. I am well aware
that fo extenfive a bleffing cannot be diffufed
in a world compofed of human beings, with-
out carrying along with it the misfortune of
partial evil : yet, where much muft neceflarily
be imperfect, we mould look only to the pre-
ponderance of the fcale ; and while that is
in the favour of virtue, we ought not to be
difcon tented. With regard to the evil, good
fenfe mould teach us, that violent coercion
cannot
( 61 )
cannot be the effectual mode of repreffing it.
Silence and contempt are the only weapons
with which abufes of the prefs in general
fhould be combated, and which never fail to
inflict a mortal blow. Should, however,
the depravity of the times fo much fway the
minds of men as to induce them to circulate
publications with a view to excite the people
to refill, the civil magiftrate, or to obftrucl:
the execution of the exifting laws, fuch pub-
lications are certainly deferving the cenfure
of fociety, and the feafonable punifhment of
the law : but, the degree of that punifh-
ment and that cenfure (liquid, in all cafes, be
determined by fociety in its two-fold delega-
tion of juries : I mean that the offences of
the prefs, called libels, like every outrage
of the laws of fociety, {hould be fubject
to a fimilar procefs. This, I conceive,
mttft have been the original meaning of our
conftitution. Whereas, fuch- offences of the
Prefs as are deemed obnoxious to govern-
ment,
ment, are now profecuted on ex-officio infor-
mation by the attorney general, who is an
officer of the crown, wherever or whenever
he may be ex-officio inftru&ed to carry his
procefs on ifTue direct, before a petty jury
only. So that the grand jury, that palla-
dium of the liberties of England, " formed
" from among ourfelves to fecure us from un-
" fair or unneceflary profecution," is in this
inftance fuperceded. Nor do I conceive the
alteration which I here fttggeft, at all op-
pofed by the conftitutional principles of Sir
William Blackftone, who fpeakingof ex-officio
profecutions (vol. 4. page 308) defcribes
them to be, " fuch enormous mifdemeanors
" as peculiarly tend to difturb or endanger
" the King's government, or to moleft or
" affront him in the regular difcharge of the
" royal functions : for offences fo high and
" dangerous in the punifhment or preven-
" tion of which a moment's delay would
" be fatal, the law has given to the
" crown
" crown the power of an immediate pro-
" fecution, without waiting for any pre-
" vious application to any other tribunal."
Here Sir William Blackftone clearly cannot
mean promifcuoufly to include profecutions
for every defcription of Libel, fortuitoufly
and conftruclively arifing in " the free dif-
" cuffion and examination of the principles
" of civil government, and of all matter of
" public opinion."
An entire alteration, or fome modifica-
tion of the prefent practice, was never more
necefiary than at this time of innovation
and unfettled opinion. The protection of
the fubject againft interefted fufpicion and
unprovoked oppreffion, is the more urgent-
ly called for, as fince the eftablifhment of
the aftociations to reward informers againft
the circulation of productions of feditious
tendency, &c. upwards of one hundred
informations, (as I have been told, though I
fliould
fhould hope the number is fornewhat exag-
gerated) have been preferred to the at-
torney general for ex officio profecution ;
even during the fitting of the GRAND
JURY OF MIDDLESEX, in the centre of this
metropolis ; before whom two or three
informations did however find their way. ;
as it was naturally conceived to be the
conftitutional jurifdiclion of the kingdom *.
* The time for profecutions of libels, like thofe on pe-
nal ftatutes, ought to be limited: for, if the profecution
is not immediate, the evil, which, in the firft inftance, a
jury might have arreded, is circulated beyond that reach
which is the object of preventative punifhment. And it is
doubtful, whether filence for a reafonable time does not
even fan&ion a libel. Nor, is the mifchief of long delay at
all confined to the original work, fince every vender in its
propagated ftate becomes unwarily involved. It is to be
hoped the aifociations for rewarding informers on this fub-
je&, do not mean their denunciations to extend to ven-
ders of copies, before the Country, in the capacity of a
Jury, have condemned the original : but, as I have be-
fore obferved, it is almoft impoflible to define, either the
objects of their difapprobation, the parties likely to be ex-
empt from their anger, or ta"e intended extent of fo deform-
ed a jurifdiclion.
Committing
Committing this fuggeftion to the judgment
of abler men, I ihall conclude the fubject
with an admonitory addrefs to fome of the
new formed afTociations ; in the hope of
awakening them to a fenfe of that unconfti-
tutional conduct into which their intem-
perate zeal has plunged them. As free Ci-
tizens of the fame ftate with myfelf, I truft
they will receive, without paffion or preju-
dice, what I prefume to offer.
The profefTed object of your aflbciations
was to declare an attachment to the king and
conftitution ; and, thus far, the inftitution
could not be too much commended. This
was all that the particular exigence requir-
ed ; this you accomplifhed. And had you
refted there, your conducl: would have
claimed the unanimous fupport of the na-
tion. But, this laudable object was no
fooner obtained, than you corrupted its pu-
rity ; and either overzealous, or ignorant,
F or
or regardlefs of the means by which the
defired end was to be maintained, you adul-
terated your loyalty by mingling with it
difcordant politics ; and undermined the
constitution, by direct attempts to deftroy
the very foul of thofe liberties, which are
its bed fupport.
By correfpondence with each other, and
by circulating fuch prints only as tend ta
fupport your own unfcrutinized doctrines :
by condemning indiferiminately all others
as " libellous, or feditious, exciting to riot
" or tumult/' you every where fet the mod
fubtile engines in motion fo far to deftroy
the liberty of the prefs, as to referve the
exclufive abufe of it to yourfelves. And
you ftill expect that thefe corrupted chan-
nels will poflefs fufficient virtue to render
every man a convert to the principles they
promulgate. The people of a free ftate are
however not to be dragooned into affection
and
and reverence for fuch opinions of " fedition
" and libel, riot, and tumult," as you may
wifli to eftablifh.
Be aflured, that the liberty of the prefs, the
" implacable enemy to flavery" is too firmly
rooted in the heart of the world, to be fhaken
by any fuch facrilegious efforts ; that the
happinefs of mankind is too deeply involved
in its prefervation to withhold their moft ac-
tive faculties in its defence ; and in branding
its opponents with all the opprobrium at-
tached to declared enemies of the human race.
Be advifed, and avert farther reprehenfion
from this " jealous avenger of wrongs."
Retire from impending difgrace ; and puri-
fy your adulterated loyalty. Remember,
that the liberties of thefe kingdoms are the
fole and infallible fupport of the confti-
tution ; and that all fbcieties tending to un-
dermine it are treafonably hoftile.
Haften then, though late, to reftore your-
F 2 felves
( 68 )
felves to the dignity of citizens of a free
flate.
SECTION VII.
THE REVISION AND SIMPLIFICATION OF THE
LAWS OF ENGLAND.
" LAW is nothing but REASON REFINED, or REASON
" REGULATED; the refults of Ccunfel and Wifdom,
" after long and mature deliberation."
HAKEWELL MOD. TENKXDI PARLIAMENT!.
A S the good order of fociety is the fup-
port of every ftate, fo good laws form
the eflence of fociety. Free governments
more efpecially inculcate thefe maxims.
The knowledge too of the laws mould be the
eflential ftudy of individuals, fince it is im-
poflible for them to be obeyed, or focie-
ty to be undifturbed by infringements,
whilft they are either unknown, or not
thoroughly underftood. Where the evil
of
( 69 )
of doubtful laws exifts, it is morally im-
poffible that a people can be free from
error. And hence arifes the expedience of
their fimplification. Laws fhould be re-
duced to the imderftandings of the mod un-
informed, who, in all populous dates, com-
prife the great mafs of the inhabitants.
The object of philofophical enquiry is the
happinefs and profperity of the human
race. But, what can fo materially affect
that happinefs as an ignorance of the means
by which it is to be promoted and fecured ;
an ignorance that progreffively encreafes
with population ; by which fociety gradu-
ally lofes the benefit of legal advantages, in
proportion as her exigencies encreafe ; and
the fame caufes too which fwell the evil,
augment the difficulty of the remedy.
/
On thefe principles it is my wifh to fugged
the neceflity of a revifion of the laws of Eng-
land. That they are wife and good ; have
F 3 been
( 7 )
been infpired by virtue, and framed by in-
tegrity, are truths univerfally acknowledged.
But they are known only to a few, and
perhaps not perfectly comprehended by
any. They are by time, incident, and the
precautions of paft ages to protect perfonal
liberty and fecure property, become foexten-
five, that the life of man is too (hort to obtain
a per feel: acquaintance with them. A fact
continually exemplified by frequent declara-
tions from the bench, and the doubts of
the moft able, learned, and profound law-
yers. Hence, it is evident that civil law,
which fhould be open to the under {land-
ing of all, is become an abftrufe fcience,
never wholly acquired by any ; and as far
as attainable, entirely confined to the fmall
circle of profeflional men, become fuch by ex-
penfive education. Another evil is, that our
code abounds with obfolete flatutes, which
prove ancient and modern practice to be fo
much at variance, as to dictate the neceffity
either
cither of expunging the one, or correcting
the other. Nor is the influence of thefe evils
confined to the profelfion of the law ; it
extends to each department of the ftate;
and every corner of the conftitution is more
or lefs fubjecl: to it. We fo often fee the law
called forth to interpret the conflitution,
that they are virtually at the mercy and dif-
pofal of the few profeffional gentlemen whom
fuccefs may have created general arbiters and
referees, with competency to decide what is
or is not law and conftitution. It is far
from my intention to infmuate, that they
are either unfit for the truft or have
facrificed their duty to their intereft:
but I am of opinion, that it is of too feri-
ous import to be fo confided : too facred
to be depofited with any but the people at
large ; and that it can never be too vigilantly
watched or too delicately handled. I con-
tend, therefore, that the law and conftitution
ihould be clearly and diftin6lly defined, and
F 4 fo
( 7* )
fo perfectly intelligible as to admit of ex-
planation by every man who either can or
cannot read ; that whoever becomes liable
to the penalties of infringement, fhould
at lead know how to avoid them ; and that
thole who are aggrieved in that property,
the lofs of which probably may precede the
the lofs of perfonal liberty, ihould poflefs the
means of legal defence in pleading their own
caufe if they chufe it, without the neceffity
of ruining themfelves by the refources of
precarious technical affiftance. Such was the
ancient rule of thefe kingdoms, and, without
doubt it ftill prevails in remote parts of them ;
and, as, in this we may trace the origin of
trial by jury, the difficulty of reftoring this
practice will appear lefs formidable. Trial
by jury, originated in the aflemblage of el-
ders and neighbours of the fame vicinage
where queftions arofe, to hear grievances and
to judge as their experience might direct :
and here parties were, confronted, each relat-
ing
( 73 )
ing his own tale in the language of unlet-
tered fimplicity. This was the ufage in
their own vicinage; and, when carried from
home to fair or market, (the general extent
of their foreign concerns), if in their deal-
ings, any difputes or difagreements arofe,
they immediately reforted to the court of
piedfpoudres (or dufty feet) at which the
lord's fteward, prefided ; that term imply-
ing that their differences muft be frem, and,
therefore moft likely to be diverted of deceit,
falfehood, or impolition. Thus, it may be
feen, that trial by jury, which originated
more in neceffity than defign, " is almoft
<c coeval with the country, and that its very
" inftitution gave birth to an imperfect
" conftitution/'
But, even in more modern times, and
long fubfequent to the difcovery of print-
ing, the fame cuftom of parties pleading
for themfelves continued, until printed
ilatutes,
( 74 )
ilatutes, introduced in a foreign language,
became fo multiplied that individuals were
no longer competent to conduct their own
caufes ; and it was this confufion and in-
competence that introduced fcientific plead-
ing. Hence, we may judge, how practi-
cable it would now be, fo far to revert to
the ancient cuftom, as for individuals un-
attended by counfel, to relate their own
wrongs before a jury of liberal Englifhmen ;
and for that jury to decide thereon. If, then,
this be poflible, where lies the objection ? The
impracticability indeed can only exift in the
number and abftrufenefs of our ftatutes ;
for, the people are not lefs competent
to relate, or juries to hear and under -
fland, than formerly. The advantages of
the prefs have been diffufed to all clafles
of fociety; for even thofe who cannot
read, have greater opportunities of hearing ;
and, confequently, the general underftand-
ing of the people muft be proportionably
enlarged :
( 78 )
enlarged : f b that it is evident complainants
as well as juries poflefs ftronger powers of
relating, comprehending, and deciding, than
in more fimple ages. Another advantage,
which this practice would indifputably pof-
fefs, is, that cafes would be perfectly ge-
nuine, and lefs liable to that miftatement,
\vhich is the inevitable confequence of a re-
cital running through many channels. An
individual, who has a cafe at law, muft, by
the prefent mode, firft: relate it to his Soli-
citor the Solicitor to Counfel and the
Counfel to the Jury. In each of thefe ft ages
the original ftory lofes fomething of its
energy : and the man who ftarts with a good
caufe, ultimately finds its fubftance fo waft-
ed or evaporated during a circuitous pro-
grefs, as to leave only its fliadow to be de-
cided on *,
Of
* A perfon neceflitated to appeal to the laws of hi*
country, is firft obliged to add to the eftablifliment of his
cxpcncc, that of a Solicitor, for whofe time and fervices
he
Of this, if prefent at the trial, he has
too frequently the mortification to be fen-
fible, and he is almoft the only one debar-
red from interference. Whereas, had he
been allowed to tell his own ftory to the
jury, this could never have happened ; con-
fequently, he retires indignantly, and with
forrow from the fcene, difcontented with
he muft pay, as well as for thofe of his clerjcs. He is next alfo
obliged to pay this Solicitor for the employment of two Bar-
rifters and their clerks. And, when his caufe is brought
into Court, he muft then contribute to the maintenance of
the officers of that Court. All this time he is unceafmgly
contributing to the purfe of the ftate by ftamps, paper du-
ties, &c. Terrified with this burthenfome expence, he will
be ftrongly prompted to afk himfelf, how long it is likely to
laft. He now finds, that all the preceding grievances
are comparatively trifling, and unworthy his uneafinefs ;
for, irretrievably involved, he perceives the caufe is no
longer his own, but entirely at the difpofal of his Solicitor,
as are pofllbly all his fortunes along with it. His intereft
indeed is become fecondary only ; and having no claim on
the] perfonal affection of his Solicitor, his reliance againft
impending deftruclion is folely on the ability and refponfibi-
lity, which may attach on the profeflional character he has
employed.
the
( 77 )
the law, and pofTibly ruined by its de-
cifion.
When a man muft have recourfe to the
laws of the fociety in which he lives, by the
fnnplicity of thofe laws he ought, at lead, to
be enabled to fee his way through them ;
inftead of involving himfelf, as at prefent he
inevitably muft, in a dark inextricable
labyrinth.
The fupport of all the liberal part of the
profefTion may at leaft be looked for, whofe
fuperior fenfe and integrity oppofe prejudice?
and whofe purfuits are confcientioufly regu-
lated by their profefllonal motto" for the
benefit of mankind."
By converfation with feveral of them on
the fubjecl;, I have the fatisfaclion from
authority to exprefs their unanimity of fen-
timent : " that a careful revifion of our laws
" is highly expedient, and would fo fimplify
legal
( 78 )
" legal procefs, as greatly to reduce theex-
" pence, and render it eafy of accefs to all ;
" though they confefs that fome impediment
" would arife in the branch of conveyancing,
" owing to the various exifting diftin6tions
" in the tenure of property." I fee encour-
agement then, on which to congratulate my
country on fome profpect of the accomplifh-
ment of their wifhes ; and am myfelf perfect-
ly per fuaded, that the branch of conveyancing
may be as fufceptible of concife modification
as any other part of our fyftem of jurifpru-
dence ; and that an eftate may be conveyed
as fecurely in one as in one hundred fkins of
parchment in ten lines as in ten thoufand ;
of which I have lately feen many inftances
under a fhort aflignment of title-deeds, pur-
pofely devifed and adopted to avoid the en-
ormous expence of a formal conveyance in
full legal extent ; cujlomarily , and, therefore I
fuppofe necejfarily, enumerating and recapi-
tulating pofieflbrs and deeds for a century
paft.
( 79 )
paft. Why the pofieffion of title-deeds, and
a receipt for the money, under a concife con-
veyance, fhall not fecure property as effectu-
ally, as iuch recapitulatory deeds now in ufe ;
and why an act of the legiflature fhould
not fanclion a fummary practice, I fubmit to
the confideration of the community*.
The extraordinary aflertions of fome of
the declaratory focieties, induced me to en-
* Let us advert to a deed of conveyance called an Englifh
POTTAH or title-deed, now in ufe in our fettlements in
India, the depofit of which,, under a form of mortgage,,
equally concife, is implicitly accepted as fecurity for money ,
The value of the land is known by its fituation. The deed
is regiftered, and runs as follows: " A Pottah is hereby
f{ granted unto John Doe, of Lincoln's Inn, for one
" hundred acres of land, fituate, lying, and being in the pa-
" rifh of Mimms in the county of Herts, the land-tax of
" which is 1 61. 6s. 8d. per ann. This land was the property
" of Richard Roe, of Gray's Inn,who acknowledges to have
" received the full confideration agreed on for it, and now
" relinquishes all claim unto the faid John Doe and his
" heirs for ever.* 1
The whole expence of conveyance and regiftering does
not exceed fifteen pence ! ! !
ter
ter on this fubje<5t, which is treated as a
caufe of extreme hardfhip, calling aloud for
reform : but from the difficulty of the fub-
jecl, it is, probably, the leaft likely to un-
dergo that deliberate and difpaffionate dif-
cuffion, which alone can effecl it. To that
end, I have however endeavoured to do,
\vhat, thus far, has appeared my duty as
an individual.
I mall now clofe this head with recom-
mending to the people of England, to fignify
their wifhes by inftru6iions to their refpeclive
reprefentatives in parliament, whofe imme-
diate province it is, to explore and revile all
the laws, for the purpofes of fupporting
the good, amending thofe that are bad, and
propoling new ones. To enable them to do
which, the nation allows a very competent
eftablifhment of law-officers. Till that de-
fir able end be accomplifhed, I fhall take the
liberty of reminding all my fellow-citizens,
whom
whom the formidable chaos of our laws
may difcourage, to feek redrefs by another
mode, and to refort to friendly and brotherly
references of arbitration, in a JURY of Two
or THREE, without the formal and expen-
five intervention of Courts, Judges, Coun-
fel, and Solicitors, inftead of a JURY of
TWELVE which cannot aflemble without
them. This is a condudl which the great
mercantile body of London aflbciated at
Lloyds have moft ftrongly recommended by
their example.
SECTION
SECTION VIII.
THE PEOPLE'S WEIGHT IN THE GOVERNMENT,
RESPONSIBILITY OF MINISTERS,
AND CONCLUSION.
TN endeavouring to perform what I deem
-* a duty, I fhall not apologize to my fel-
low-citizens for treflpafling on their time,
in the difcuflion of the prominent features
of the Britifh constitution. I fee fo many
real and folid advantages that I am con-
cerned to think they fhould not be better
understood. It was defigned by our an-
ceftors, and it can only be the intention,
that every citizen fhould alike feel and par-
take of them ; and if he does not, I am per-
fuaded that it mult proceed from a want of
the proper knowledge.
Why fhould ENGLAND, at this time, be
lefs
( 83 )
lefs the object of our admiration and affec-
tion than at any former period? Not on
account of her antiquity ; for years have
added to her value ! It cannot be, that {he is
no longer willing to adminifter relief to the
poor and helplefs, or to employ the young
and active in her arts, manufactures, navi-
gation, and commerce ! It cannot be that>
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
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