O u_ ?3 O iS^ EUBRARYfc- Ur" ^ r^> OC ^3- fie APOJLOGY FREEDOM OP THE PRESS, TO WHICH ARE PREFIXED REMARKS ON BISHOP HORSLEY's SERMON, Preached on the Thirtieth of January, 1793. BY ROBERT HALL, A. M. Shall Truth be silent, because Folly frowns ? YOUNG. THE FOURTH EDITION. HUDDERSFIELD: Printed at the Office of William Moore, West -gate. 1819. Stack Annex CONTENTS. SECTION I. Pag* On the Right of Public Discussion, . . 17 SECTION II. On Associations, 24 SECTION III. On a Reform of Parliament, .... 30 SECTION IV. On Theories and the Rights of Man, . . 40 SECTION V. On Dissenters, 50 SECTION VI. On the Causes of the present Discontents, 60 ADVERTISEMENT TO THE THIRD EDITION. SINCE this pamphlet was first published, the principles it aims to support have received confirmation from such a train of disastrous events, that it might have been hoped we should have learned those lessons from misfortunes, which reason had failed to impress. Uninstructed by our calamities, we still persist in an impious attack on the li- berties of France, and are eager to take our part in tjie great drama of crimes which is acting on the continent of Europe. Meantime the violence and injustice of the inter- nal administration keeps pace with our iniquities abroad. Liberty and truth are silenced. An unrelenting system of prosecution prevails. The cruel and humiliating sen tence passed upon Mr. Muir and Mr. Palmer, men of un- blemished morals and of the purest patriotism, the outra- ges committed on Dr. Priestley, and his intended removal to America, are events which will mark the latter end of the eighteenth century with indelible reproach. But what has liberty to expect from a minister, who has the audacity to assert the King's right to land as many foreign troops as he pleases, without the previous consent of Parliament ! If this doctrine be true, the boasted equilibrium of the constitution, all the barriers which the wisdom of OUT ancestors have opposed to the encroachments of arbitrary power, are idle, ineffectual precautions. For we have only to suppose for a moment, an inclination in the royal breast to overturn our liberties, and of what avail is the nicest internal arrangement against a foreign force. Our constitution, on this principle, is the absurdest system that was ever conceived ; pretending liberty for its object, yet providing no security against the great antagonist and Vl ADVERTISEMENT. destroyer of liberty, the employment of military power by the chief magistrate. Let a foreign army be introdu- ced into this or any other country, and quartered upon the subject without his consent, and what is the,re want- ing, if such were the design of the prince, to complete the subjection of that country ? Will armed foreigners be overawed by written laws or unwritten customs, by the legal limitations of power, the paper lines of demarkation ? But Mr. Pitt contends, that though the sovereign may land foreign troops at his pleasure, he cannot subsist them without the aid of Parliament. He may overrun his domi- nions with a mercenary army it seems, but after he has subdued his subjects, he is compelled to have recourse to them for supplies. What a happy contrivance ! Unfor- tunately, however, it is found that princes with the unli- mited command of armies, have hit upon a nearer and more efficacious method of raising supplies than by an act of Parliament. But it is needless any farther to ex- pose the effrontery, or detect the sophistry, of this shame- less apostate. The character of Pitt is written in sun beams. A veteran in frauds- while in the bloom of youth, betraying first, and then persecuting his earliest friends and connexions, falsifying every promise, and violating every political engagement, ever making the fairest pro- fessions a prelude to the darkest actions, punishing with the utmost rigour the publisher of the identical paper he himself had circulated*-, are traits in the conduct of Pitt, which entitle him to a fatal pre-eminence in guilt. The qualities of this man balance in an extraordinary manner, and sustain each other : the influence of his station, the extent of his enormities "invests with a kind of splendour, and the contempt we feel for his meanness and duplicity, is lost in the dread of his machinations, and the abhorrence of his crimes. Too long has he insulted the patience of his countrymen ; nor ought we when we observe the in- * Mr. HOLT, a printer, at Newark, is now imprisoned in Newgate for two years, for reprinting verbatim, An Address to the People on Reform, which was sanctioned for certain, and probably written by the Duke of RICHMOUB and Mr. PITT. ADVERTISEMENT. vii difference with which the iniquities of Pitt's administra- tion are viewed, to reproach the Romans for tamely sub- mitting- to the tyranny of Caligula or Domitian. We hafl fondly hoped a mild philosophy was about to diffuse over the globe, the triumph of liberty and peace. But, alas! these hopes are fled. The Continent presents little but one wide picture of desolation, misery, and crimes: " on the earth distress of nations and perplexity, men's hearts failing 1 "them for fear, and for looking after those things which are coming on the earth. " That the seeds of public convulsions are sown in every country of Europe (our own not excepted) it were vain to deny, seeds which without the wisest precautions, and the most conciliating counsels, will break out, it is to be feared, in the overthrow of all governments. How this catastrophe may be averted, or how, should that be impos- sible, its evils may be mitigated and diminished, demands the deepest consideration of every European -statesman. The ordinary routine of ministerial chicanery is quite un- equal to the task. A philosophic comprehension of mind, which, leaving the beaten road of politics, will adapt itself to new situations, and profit by the vicissitudes of opinion, equally removed from an attachment to antiquated forms, and useless innovations, capable of rising above the emer- gency of the moment, to the most remote consequences of a transaction ; combining the past, the present, and the future, and knowing how to defend with firmness, or con- cede with dignity ; these are the qualities which the situa- ation of Europe renders indispensible. It would be a mockery of our present ministry to ask whether they possess those qualities. With respect to the following apology for the freedom of the press, the author begs leave to claim the reader's indulgence to its numerous imperfections, and hopes he will recollect, as an excuse for the warmth of his expres sions, it is an eulogium on a dead friend. PREFACE. THE accidental detention of the following pamphlet in the press longer than was expected, gave me an oppor- tunity before it was published, of seeing Bishop Horsley's Sermon, preached before the House of Lords, on the 30th of January; and as its contents are relevant to my subject, a few remarks upon it may not be ill-timed or improper. His Lordship sets out with a severe censure of that " free- dom of dispute," on matters of " such high importance as the origin of government, and the authority of sovereigns," in which he laments, it has been the "folly of this country for several years past," to indulge. If his Lordship has not inquired into those subjects himself, he can with little propriety pretend to decide in so imperious and peremp- tory a manner ; unless it be a privilege of his office to dog- matise without examination, or he has discovered some nearer road to truth than that of reasoning and argument. It seems a favourite point with a certain description of men, to stop the progress of inquiry, and throw mankind back into the darkness of the middle ages, from a persua- sion, that ignorance will augment their power, as objects look largest in a mist. There is in reality no other foundation for that alarm, which the Bishop expresses. Whatever is not comprehended under revelation, falls un- der the inspection of reason ; and since from the whole course of providence, it is evident, all political events, and all the revolutions of government, are effected by the in- strumentality of men, there is no room for supposing them too sacred to be submitted to the human faculties. The more minds there are employed in tracing their principles and effects, the greater probability will there be of the science of civil policy, as well as every other, attaining to perfection. PREFACE. ix Bishop Horsley, determined to preserve the character of an original, presents us with a new set of political prin- ciples, and endeavours to place the exploded doctrine of passive obedience and non-resistenceupon a new founda- tion. By a curious distinction between the ground of authority and obedience, he rests the former on human compact, the latter on divine obligation. " It is easy to understand, " he says, " that the principle of the private citizen's submission, must be quite a distinct thing from the principle of the sovereign's public title. And for this plain reason ; The principle of submission to bind the con- science of every individual, must be something universally known." He then proceeds to inform us, that the kingly title in England is founded on the act of settlement; but that as thousands and tens of thousands of the people have never heard of that act, the principle which compels their allegiance, must be something distinct from it, with which they may all be acquainted. In this reasoning, he evidently confounds the obligation of an individual to submit to the existing authority, with that of the community collectively considered. For any particular number of persons to set themselves by force to oppose the established practice of a state, is a plain violation of the laws of morality, as it would be productive of the utmost disorder ; and no go- vernment could stand, were it permitted to individuals, to counteract the general will, of which in ordinary cases, legal usages are the interpreter. In the worst state of political society, if a people have not sufficient wisdom or courage to correct its evils and assert their liberty, the at- tempt of individuals to force improvements upon them, is a presumption which merits the severest punishment. Social order would be inevitably dissolved, if any man de- clined a practical acquiescence in every political regulation which he did not personally approve. The duty of sub- mission is, in this light, founded on principles which hold under every government, and are plain and obvious. But the principle which attaches a people to their allegiance, collectively considered, must exactly coincide with the X PREFACE. title to authority; as must be evident from the very meaning; of the term authority, which as distinguished from force, signifies a right to demand obedience. Authority and obe- dience are correlative terms, and consequently in all res- pects correspond, and are commensurate with each other. " The divine right," his Lordship says, " of the first magistrate in every polity to the citizen's obedience, is not of that sort which it were high treason to claim for the sovereign of this country. It is a right which in no coun- try can be denied, without the highest of all treasons. The denial of it were treason against the paramount au- thority of God." To invest any human power with these high epithets, is ridiculous at least, if not impious. The right of a prince to the obedience of his subjects, where ever it exists, may be called divine, because we know the divine Being is the patron of justice and order ; but in that sense, the authority of a petty constable is equally divine; nor can the term be applied with any greater propriety to supreme than to subordinate magistrates. As to " submis- sion being among the general rules which proceed from the will of God, and have been impressed upon the conscience of every man by the original constitution of the world," nothing more is comprehended under this pomp of words, .than that submission is, for the most part, a duty a sub- lime and interesting discovery ! The minds of princes are seldom of the firmest texture; and they who fill their heads with the magnificent chimera of divine right, prepare a victim, where they intend a God. Some species of government is essential to the well-being of mankind ; submission to some species of government is consequently a duty ; but what kind of government shall be appointed, and to what limits submission shall extend, are mere human questions, to be adjusted by mere human reason and contrivance. As the natural consequence of divine right, his Lordship proceeds to inculcate the doctrine of passive obedience and non-resistence, in the most unqualified terms; assu- ming it as a principle to be acted upon, under governments PREFACE. *1 the most oppressive, in which he endeavours to shelter himself under the authority of Paul. The apostolic ex- hortation, as addressed to a few individuals, and adapted to the local circumstances of Christians at that period, ad- mits an easy solution; but to imagine it prescribes the duty of the Roman empire, and is intended to subject millions to the capricious tyranny of one man, is a reflection as well on the character of Paul, as on Christianity itself. On principles of reason, the only way to determine the agreement of any thing- with the will of God, is to consider its influence on the happiness of society; so that in this view, the question of passive obedience is reduced to a simple issue : Is it best for the human race that every tyrant and usurper be submitted to without check or contronl ? It ought likewise to be remembered that if the doctrine of passive obedience be true, princes should be taught it, and instructed, that to whatever excesses of cruelty and ca- price they proceed, they may expect no resistence on the part of the people. If this maxim appear to be conducive to general good, we may fairly presume it concurs with the- will of the Deity ; but if it appear pregnant with the most mischievous consequences, it must disclaim such support. From the known perfections of God, we conclude he wills the happiness of mankind ; and though he condescends not to interpose miraculously, that that kind of civil polity is most pleasing in his eye, which is productive of the greatest felicity. On a comparison of free with arbitrary governments, we perceive the former are distinguished from the latter, by imparting a much greater share of happiness to those who live under them ; and this in a manner too uniform to be imputed to chance or secret causes. He who wills the end must will the means which ascertain it. His Lordship en- deavours to diminish the dread of despotic government, by obserying, that in its worst state, it is attended with more good than ill, and that the " end of government under all its abuses is generally answered by it. " Admitting this to be true, it is at best but a consolation proper to be applied Xil PREFACE. where there is no remedy, and affords no reason why we should not mitigate political as well as other evils, when it lies in our power. We endeavour to correct the diseases of the eye, or of any other organ, though the malady be not such as renders it useless. The doctrine of passive obedience is so repugnant to the genuine feelings of human nature, that it can never be completely acted on : a secret dread that popular ven- geance will awake, and nature assert her rights, imposes a restraint, which the most determined despotism is not able to shake off. The rude reason of the multitude may be perplexed, but the sentiments of the heart are not easily perverted. In adjusting the different parts of his theory, the learned Bishop appears a good deal embarrassed. " It will be readily admitted," he says, (p. 9.) "that of all sovereigns, none reign by so fair and just a title, as those who derive their claim, from some such public act (as the act of set- tlement) of the nation which they govern." That there are different degrees injustice, and even in divine right, (which his Lordship declares all sovereigns possess) is a very singular idea. Common minds would be ready to imagine, however various the modes of injustice may be, justice were a thing absolute and invariable, nor would they conceive, how " a divine right, a right the denial of which is high treason against the authority of God, " can be increased by the act of a nation. But this is not all. It is no just inference (he tells us) that the obligation up- on the private citizen to submit himself to the authority thus raised, arises wholly from the act of the people con- ferring it, or from their compact with the person on whom it is conferred. But if the sovereign derives his claim from this act of the nation, how comes it that the obligation of the people to submit to his claim, docs not spring from the same act? Because " in all these causes," he affirms "the act of the people is only the means which Providence em- ploys to advance the new sovereign to his station." In the hand of the Supreme Being, the whole agency of men PREFACE! Xlii may be considered as an instrument ; but to make it ap- pear that the right of dominion, is independent of the people ; men must be shown to be instruments in political affairs, in a more absolute sense than ordinary. A divine interposition of a more immediate kind, must be shown, or the mere consideration of God's being the original source of all power, will be a weak reason for absolute submission. Anarchy may have power as well as despot- ism, and is equally a link in the great chain of causes and effects. It is not a little extraordinary, that Bishop Horsley, the apologist of tyranny, the patron of passive obedience, should affect to admire the British constitution, whose freedom was attained by a palpable violation of the princi- ples for which he contends. He will not say the Barons at Runnymead, acted on his maxims, in extorting the magna charta from King John, or in demanding its con- firmation from Henry the Third. If he approve of their conduct, he gives up his cause, and is compelled at least to confess the principles of passive obedience were not true at that time ; if he disapprove of their conduct, he must, to be consistent, reprobate the restraints which it imposed on kingly power. The limitations of monarchy, which his Lordship pretends to applaud, were effected by resistance ; the freedom of the British constitution flowed from a departure from passive obedience, and was there- fore stained with high treason " against the authority of God." To these conclusions he must inevitably come, unless he can point out something peculiar to the spot of Runnymead, or to the reign of King John, which confines the exception of the general doctrine of submission, to that particular time and place. With whatever colours the advocates of passive obedience may varnish their theories, they must of necessity be enemies to the British constitu- tion. Its spirit they detest; its corruptions they cherish; and if at present they affect a zeal for its preservation, it is only because they despair of any form of government being ever ejected in its stead, which will give equal per- X JV PREFACE. manence to its abuses. Afraid to destroy it at once, they take a malignant pleasure in seeing it waste by degrees under the pressure of internal malady. Whatever bears the semblance of reasoning in Bishop Horsley's discourse, will be found, I trust, to have received a satisfactory answer ; but to animadvert with a becoming severity on the temper it displays, is a less easy task. To render him the justice he deserves in that respect, would demand all the fierceness of his character. We owe him an acknowledgment for the frankness with which he avows his decided preference of the clergy of France to the dissenters in England ; a sentiment we have often suspected, but have seldom had the satisfaction of seeing openly professed before. " None," he asserts, " at this season, are more entitled to our offices of love, than those with whom the difference is wide in points of doctrine, discipline, and external rites ; those venerable exiles the prelates and clergy of the fallen church of France." Far be it from me to intercept the compassion of the humane from the unhappy of any na- tion, tongue, or people ; but the extreme tenderness he professes for the fallen church of France, is well con- trasted by his malignity towards dissenters. Bishop Hors- ley is a man of sense ; and though doctrine, discipline, and external rites, comprehend the whole of Christianity.; his tender, sympathetic heart is superior to prejudice, and never fails to recognize, in a persecutor, a friend and a brother Admirable consistence in a Protestant Bishop, to lament over the fall of that antichrist whose overthrow is represented by unerring inspiration, as an event the most splendid and happy ! It is a shrewd presumption against the utility of religious establishments that they too often become seats of intolerance, instigators to persecu- tion, nurseries of Bonners and of Horsleys. His Lordship closes his invective against dissenters, and Dr. Priestley in particular, by presenting a prayer in the spirit of an indictment. We are happy to hear of his Lordship's prayers, and are obliged to him for remember- PREFACE. XV ing us in them ; but should be more sanguine in our expec- tation of benefit, if we were not informed, the prayers of the righteous only avail much. " Miserable men," he tells us, we " are in the gall of bitterness, and in the bond of iniquity." With respect to the first, we have plenty of that article, since he has distilled his own ; and if the bonds of iniquity are not added, it is only because they are not within the reach of his mighty malice. When we reflect on the qualities which distinguish this prelate, that venom that hisses, and that meanness that creeps, the malice that attends him to the sanctuary, and pollutes the altar, we feel a similar perplexity with that which springs from the origin of evil. But if we recollect on the other hand, that instruction may be conveyed by negatives, and that the union in one character of nearly all the dispositions human nature, ought not to possess, may be a useful warning, at least, we shall cease to wonder at the existence and elevation of Dr. Horsley. Characters of his stamp, like a plague or a tempest, may have their uses in the general system, if they recur not too often. It is time to turn from this disgusting picture of sancti- monious hypocrisy and priestly insolence, to address a word to the reader on the following pamphlet. The poli- tical sentiments of Dr. Horsley are in truth of too little consequence in themselves, to engage a moments curiosity, and deserve attention only as they indicate the spirit of the times. The freedom with which I have pointed out the abuses of government, will be little relished by the pusillanimous and the interested, but is, I am certain, of that nature, which it is the duty of the people of England never to relinquish, or suffer to be impaired by any human force or contrivance. In the present crisis of things, the danger to liberty is extreme, and it is requisite to address a warning voice to the nation, that may disturb its slum- bers, if it cannot heal its lethargy. When we look at the distraction and misery of a neighbouring country, we be- hold a scene that is enough to make the most hardy repub- lican tremble at the idea of a revolution. Nothing but an Xvi PREFACE. obstinate adherence to abuses, can ever push the people of England to that fatal extremity. But if the state of things continues to grow worse and worse, if the friends of re- form, the true friends of their country, continue to be overwhelmed by calumny and persecution, the confusion will probably be dreadful, the misery extreme, and the calamities that await us too great for human calculation. What must be the guilt of those men, who can calmly contemplate the approach of anarchy or despotism, and rather choose to behold the ruin of their country, than re- sign the smallest pittance of private emolument and advan- tage. To reconcile the disaiFected, to remove discontents, to allay animosities, and open a prospect of increasing happiness and freedom, is yet in our power. But if a con- trary course be taken, the sun of Great Britain is set for ever, her glory departed, ahd her history added to the cata- logue of the mighty empires which exhibit the instability of all human grandeur, of empires which after they rose by virtue to be the admiration of the world sunk by corrup- tion into obscurity and contempt. If any thing shall then remain of her boasted constitution, it will display magnifi- cence in disorder, majestic desolation, Babylon in ruins, where, in the midst of broken arches and fallen columns, posterity will trace the monuments only of our ancient freedom ! AN APOLOGY,