UNIVERSITY OF CALIFORNIA AT LOS ANGELES A N APPEAL THE N E W THE OLD WHIGS, [ PRICB 3 s. f 8 2 A N APPEAL FROM THE NEW T O THE OLD WHIGS, IN GONSEQJJENCE OF SOME LATE DISCUSSIONS IN PARLIAMENT, RELATIVE TO THE Reflexions on the French Revolution. THE THIRD EDITION. LONDON: PRINTED FOR J. DODSLEY, PALL-MALL, M.DCC.XCI. fHERE are Jome corrections in this Edition, which tend to render the Jenje lejs objcurs in one or two places. The order cf the two laft members is alfo changed, and I believe for the better. This change was made on the Juggeftion of a very learned perfon> to the partiality of whoje friendship I owe much j to the feverity of whoje judgment I owe more. 2FH T Mr. Burke's time of life, and in his difpo- fitions, pet ere honeflam dimiffionem was all he had to do with his political aflbciates. This boon - they have not choien to grant him. With many ex- prefllons of good-will, in effeft they tell him he has |j loaded the ftage too long. They conceive it, tho' g an harfh yet a neceffary office, in full parliament to ~ declare to the prefent age, and to as late a pofteri- ty, as fhall take any concern in the proceedings of our day, that by one book he has diigraced the whole tenour of his life. Thus they difmifs their oo old partner of the war. He is advifed to retire, ^ whilft they continue to ferve the public upon wifer <= principles, and under better aufpices, ^ . Whether Diogenes the Cynic was a true phi- => lofopher, cannot eafily be determined. He has written nothing. But the fayings of his which are handed down by others, are lively; and may be eafily and aptly applied on many occafions by thofe whofe wit is not fo perfect as their me- & mory. This Diogenes (as every one will recollefl) 5 was citizen of a little bleak town fituated on the ^ coaft of the Euxine, and expofed to all the buffets of that unhofpitable fea. He lived at a great diftance from from thofe weather-beaten walls, in eafe and indo- lence, and in the midft of literary leifure, when he was informed that his townfmen had condemned him to be banifhed from Sinope ; he anfwered coolly, "And I condemn them to live in Sinope." /The gentlemen of the party in which Mr. Burke has always acted, in palling upon him the fentence I of retirement *, have done nothing more than to \ confirm the fentence which he had long before palTed upon himfelf. When that retreat was choice, which the tribunal of his peers inflict as puniih- ment, it is plain he does not think their fentence intolerably fevere. Whether they who are to con- tinue in the Sinope which fliortly he is to leave, will fpend the long years which, I hope, remain to them, in a manner more to their fatisfaction, than he Ihall flide down, in filence and obfcurity, the flope of his declining days, is belt known to him who meafures out years, and days, and for- tunes. * News-paper intelligence ought always to be received with Come degree of caution. I do not know that the following pa- ragraph is founded on any authority; but it comes with an air of authority. The paper is profefledly in the intereft of the modern Whigs, and under their direction. The para- graph is not difclaimed on their part. It profefles to be the decifion of thofe whom its author calls " The great and firm body of the Whigs of England." Who are the Whigs of a different competition, which the promulgator of the fentence confiders as compj>fed of fleeting ard unfettled particles, I know not, nor whether there be any of that defcription. The definitive fentence of" the great and firm body of the Whigs of England" (as this paper gives it out) is as follows : " The great and firm body of the Whigs of England, true to their c principles, have decided on the difpnte between Mr. Fox and Mr. " Burke; and the former is declared to have maintained the pure doc- " trines by which they are bound together, and upon which they have " invariably acted. Ths confequence is, that Mr. Burke retires from parliament." A/cmng- Chronicle, May it, tygr. ~~* *"""** The ( 3 ) The quality of the fentencc does not however decide on the juftice of it. Angry friendfhip is fometimes as bad as calm enmity. For this rea- fon the cold neutrality of abftraft juftice, is, to a good and clear caufe, a more defirable thing than an affection liable to be any way difturbed. When the trial is by friends, if the decifion fhould happen to be favorable, the honor of the acquittal is leflen- edj if adverfe, the condemnation is exceedingly embittered. It is aggravated by coming from lips profeffmg friendfhip, and pronouncing judgment with forrow and reluctance. Taking in the whole view of life, it is more fafe to live under the jurif- diction of fevere but Heady reafon, than under the empire of indulgent, but capricious paffion. It is certainly well for Mr. Burke that there are impartial men in the world. To them I addrefs myfelf, pending the appeal which on his part is made from the living to the dead, from the mo- dern Whigs to the antient. The gentlemen, who, in the name of the party, have palled fentence on Mr. Burke's book, in the light of literary criticifm are judges above all challenge. He did not indeed flatter himfelf, that as a writer, he could claim the approbation of men whole talents, in his judgment and in the public judgment, approach to prodigies ; if ever fuch perfons fliould be difpofed to eftimate the merit of a compofition upon the ftandard of their own ability. In their critical cenfure, though Mr. Burke may find himfelf humbled by it as a writer, as a man and as an Englifhman, he finds matter not only of con- folation, but of pride. He propofed to convey to a j foreign people, not his own ideas, but the prevalent opinions and fentiments of a nation, renowned for wifdom, and celebrated in all ages for a well under- B 2 ftood ( 4 ) ftood and well regulated love of freedom. This was the avowed purpofe of the far greater part of his work. As that work has not been ill received, and as his critics will not only admit but contend, that this reception coulH not be owing to any excellence fn the compofition capable of perverting the public judgment, it is clear that he is not disavowed by the nation whofe fentiments he had undertaken to defcnbe. His reprefcntation is authenticated by the verdict of his country. Had his piece, as a work of fkill, been thought worthy of commenda- tion, fome doubt might have been entertained of the caufe of his fuccefs. But the matter (lands exaftly as he wiflies it. He is more happy to have his fidelity in reprefentation recognized by the body of the people, than if he were to be ranked in point of ability (and higher he could not be ranked) with thofe whofe critical cenlure he has had the misfortune to incur. It is not from this part of their decifion which the author wiflies an appeal. There are things which touch him more nearly. To abandon them would argue, not diffidence in his abilities, but treachery to his caufe. Had his work been recognized as a pattern for dextrous argument, and powerful eloquence, yet if it tended to eftablifli maxims, or to infpire fentiments, adverfe to the wife and free conftitution of this kingdom, he would only have caufe to lament, that it pofTerTed qualities fitted to perpetuate the memory of his offence. Oblivioa would be the only means of his efcaping the re- proaches of pofterity. But, after receiving the com- mon allowance due to the common weaknefs of man, he wiflies to owe no part of the indulgence of the world to its forgetfulnefs. He is at uTue with the party, before the prefent, and if ever he can reach it, before the coming, generation. The ( 5 ) The author, feveral months previous to his pub- lication, well knew, that two gentlemen, both of them pofieffed of the moft diftinguiihed abilities, and of a moft decifive authority in the party, had differed with him in one of the moft material points relative to the French revolution ; that is in their opinion of the behaviour of the French foldiery, and its re- volt from its officers. At the time of their public declaration on this fubject, he did not imagine the opinion of thefe two gentlemen had extended a great way beyond themfelves. He was however well aware of the probability, that perlbns of" their juft credit and influence would at length difpofe the greater number to an agreement with their fentiments; and perhaps might induce the, whole body to a tacit acquieicence in their declara- tions, under a natural, and not always an improper diflike of {hewing a difference with thofe who lead their party. I- will 'not deny, that in general this- conduct in parties is defenfible ; but within what li- mits the practice is to be circumlcribed, and with what exceptions the doctrine which fupports it is to be received, it is not my prefent purpofe to define. The prefent queftion has nothing to do with their motives j it only regards the public expreffion of their fentiments. The author is compelled, however reluctantly, to receive the fentence pronounced upon him in the Houfe of Commons as that of the party. It pro- ceeded from the mouth of him who muft be regard- ed as its authentic organ. In a difcuffion which con- tinued for two days, no one gentleman of the oppofi- tion interpofed a negative, or even a doubt, in favour of him or of his opinions. If an idea confonant to the doctrine of his book, or favourable to his conduct, lui ks in the minds of any perfons in that defcription, it is to be confidered only as a peculiarity whjcn they B 3 indulge indulge to their own private liberty of thinking. The author cannot reckon upon it. It has nothing to do with them as members of a party. In their public capacity, in every thing that meets the public ear, or public eye, the body muft be confidered as una- nimous. They muft have been animated with a very warm zeal againft thofe opinions, becaufe they were under no necejfity of acting as they did, from any juft caufe of apprehenfion that the errors of this writer fhould be taken for theirs. They might difap- prove i it was not neceffary they fhould difaiiow him, as they have done in the whole, and in all the parts of his book ; becaufe neither in the whole nor in any of the parts, were they, directly, or by any implication, involved. The author was known in- deed to have been warmly, ftrenucufly, and affec^ tionately, againft all allurements of ambition, and all pofiibility of alienation from pride, or perfonal picque, or peevilh jealoufy, attached to the Whig party. With one of them he has had a long friend- fliip, which he muft ever remember with a me- lancholy pleafure. To the great, real, and ami- able virtues, and to the unequalled abilities of that gentleman, he lhall always join with his country in paying a juft tribute of applaufe. There are others in that party for whom, without any fhade of forrow, he bears as high a degree of love as can enter into the human heart; and as much veneration as ought to be paid to human creatures ; becaufe he firmly believes, that they are endowed with as many and as great virtues, as the nature of man is capable of producing, joined to great clearnefs of intellect, to a juft judgment, to a wonderful temper, and to true wifdom. His fenti- ments with regard to them can never vary, with- out fubjecting him to the juft indignation of man- kind,, ( 7 ) kind, who are bound, and are generally difpofed, to look up with reverence to the beft patterns of their fpecies, and fuch as give a dignity to the na- ture of which we all participate. For the whole of the party he has high refpect. Upon a view indeed of the compofition of all parties, he finds great fatisfaction. It is, that in leaving the fer- vice of his country, he leaves parliament without all comparifon richer in abilities than he found it. Very folid and very brilliant talents diftinguifh the minifterial benches. The oppofite rows are a fort of feminary of genius, and have brought forth fuch and fo great talents as never before (amongft us at leaft) have appeared together. If their owners are difpofed to ferve their country, (he trufts they are) they are in a condition to ren- der it fervices of the higheft importance. If, through miftake or paffion, they are led to contribute to its ruin, we fhail at leaft have a confolation denied to the ruined country that adjoins us we fhall not be deftroyed by men of mean or fecondary capacities. All thefe confiderations of party attachment, of perfonal regard, and of perfonal admiration, rendered the author of the Reflections extremely cautious, left the flighteft fufpicion fhould arife of his having undertaken to exprefs the fentiments even of a {ingle man of that description. His words at the outfet of his Reflections are thefe : " In the firft letter I had the honour to write to the childifh futility of fome of their maxims ; the grofs andftupidabfurdity,andthe palpable falfity of others ; and the mifchievous tendency of all fuch declara- tions to the wellbeing of men and of citizens, and to the fafety and profperity of every juft commonwealth. He was prepared to fhew that, in their conduct, the aflembly had directly violated not only every found principle of government, but every one, without exception, of their own falfe or futile maxims ; and indeed ( 14 ) indeed every rule they had pretended to lay down for their own direction. In a word, he was ready to fhew, that thofe who could, after fuch a full and fair expofure, con- tinue to countenance the French infanity, were not miflaken politicians, but bad men -, but he thought that in this cafe, as in many others, ignorance had been the caufe of admiration. Thefe are ftrong affertions. They required ftrong proofs. The member who laid down thefe pofitions was and is ready to give, in his place, to each po- fition decifive evidence, correfpondent to the na- ture and quality of the feveral allegations. In order to judge on the propriety of the interrup- tion given to Mr. Burke, in his fpeech on the com- mittee of the Quebec bill, it is necefiary to enquire, firft, whether, on general principles, he ought to have been fuffered to prove his allegations ? Secondly, whether the time he had chofen was fo very unieafonable as to make his exercife of a par- liamentary right productive of ill effects on his friends or his country ? Thirdly, whether the opi- nions delivered in his book, and which he had begun to expatiate upon that day, were in contra- diction to his former principles, and inconfiftent with the general tenor of his publick conduct ? They who have made eloquent panegyrics on the French Revolution, and who think a free difcuflion fo very advantageous in every cafe, and under every circumftance, ought not, in my opinion, to have pre- vented their eulogies from being tried ' on the teft of facts. If their panegyric had been anfwered with an invective (bating the difference in point of eloquence) the one would have been as good as the other : that is, they would both of them have been good for nothing. The panegyric and the fatire ought to be fuffered to go to trial j and that which which fhrinks from it, muft be contented to (land at bell as a mere declamation. I do not think Mr. Burke was wrong in the courfe he took. That which feemed to be recom- mended to him by Mr. Pitt, was rather to extol the Englifh conftitution, than to attack the French. I do not determine what would be beft for Mr. Pitt to do in his fituadon. I do not deny that be may have good reafons for his referve. Perhaps they might have been as good for a fimilar referve on the part of Mr. Fox, if his zeal had fuffered him to liften to them. But there were no motives of minifterial prudence, or of that prudence which ought to guide a man perhaps on the eve of being minifter, to reftrain the author of the Reflections. He is in no office under the crown j he is not the organ of any party. The excellencies of the Britifh conftitution had already exercifed and exhaufted the talents of the beft thinkers, and the moft eloquent writers and fpeakers, that the world ever faw. But in the pr- fent cafe, a fyftem declared to be far better, and which certainly is much newer (to reftlefs and un- ftable minds no fmall recommendation) was held out to the admiration of the good people of Eng- land. In that cafe, it was furely proper for thofe, who had far other thoughts of the French conftitu- tion, to fcrutinize that plan which has been recom- mended to our imitation by active and zealous fac* tions, at home and abroad. Our complexion is fuch, that we are palled with enjoyment, and ftimu- lated with hope; that we become lefs fenfible to a long-pofferTed benefit, from the very circum- fiance that it is become habitual. Specious, un- tried, ambiguous profpects of new advantage re- commend themfelves to the fpirit of adventure, which more or lefs prevails in every mind. From this temper, men, and factions, and nations too, have have facrifked the good, of which they had been in allured poilefilon, in favour of wild and irrational expectations. What fliould hinder Mr. Burke, if he thought this temper likely, at one time or other, to prevail in our country, from expofing to a mul- titude, eager to game, the falfe calculations of this lottery of fraud ? I allow, as I ought to do, for the effufions which come from a general zeal for liberty. This is to be indulged, and even to be encouraged, as long as the queftion is general. An orator, above all men, ought to be allowed a full and free ufe of the praife of liberty. A common place in favour of ilavery and tyranny delivered to a popular afiembly, would indeed be a bold defiance to all the princi- ples of rhetoric. But in a queftion whether any particular conftitution is or is not a plan of ra- tional liberty, this kind of rhetorical flourifh in favour of freedom in general, is furely a little out of its place. It is virtually a begging of the queftion. It is a fong of triumph, before the battle. " But Mr. Fox does not make the panegyric of " the new conftitution ; it is the deftruction only of " the ablblute monarchy he commends." When that namelefs thing which has been lately fet up in France was defcribed as " the moft ftupendous and * glorious edifice of liberty, which had been erecl- " ed on the foundation of human integrity in " any time or country," it might at firft, have led the hearer into an opinion, that the con- ftruction of the new fabric was an object of ad- miration, as well as the demolition of the old. Mr. Fox, however, has explained himfelf; and it would be too like that captious and cavilling fpirit, which I fo perfectly deteft, if I were to pin down the language of an eloquent and ardent mind, to the punctilious exactnefs of a pleader. Then Mr. Fox did not mean to applaud that monftrous thing, which, Which, by the courtefy of France, they call a con- ftkution. I eafily believe it. Far from meriting the praifes of a great genius like Mr. Fox, it can- not be approved by any man of common fenfe, or common information. He cannot admire the change of one piece of barbarifm for another, and a worfe. / He cannot rejoice at the deftruction of a monar- chy, mitigated by manners, refpectful to laws and ufages, and attentive, perhaps but too attentive to public opinion, in favour of the tyranny of a licen- tious, ferocious, and favage multitude, without laws, manners, or morals, and which fo far from refpect- ing the general fenfe of mankind, infolently endea- vours to alter all the principles and opinions, which have hitherto guided and contained the world, and to force them into a conformity to their views and actions. His mind is made to better things. That a man fhould rejoice and triumph in the deftruction of an abfolute monarchy -, that in fuch an event he fhould overlook the captivity, dif- grace, and degradation of an unfortunate prince, and the continual danger to a life which exifts only to be endangered ; that he fhould overlook the utter ruin of whole orders and clafTes of men, extending it- felf directly, or in its neareft confequences, to at leaft a million of our kind, and to at leaft the temporary wretchednefs of an whole community, I do not de- ny to be in fome fort natural : Becaufe, when people fee a political object, which they ardently defire, but in one point of view, they are apt extremely to pal- liate, or underrate the evils which may arife in ob- taining it. This is no reflection on the humanity of thofe perfons. Their good-nature I am the laft man in the world to difpute. It only fhews that they are not fufficiently informed, or fufficiently confiderate. When they come to reflect ferioufly on the tranfaction, they will think themfelves bound to examine what the object is that has been ac- quired by all this havock. They will hardly afifert , C that ( 18 ) that the deltr notion of an abfolute monarchy, is a thing good in itfelf, without any fort of reference to the antecedent ftate of things, or to confequences which refult from the change ; without any confider- ation whether under its ancient rule a country was, to. a confiderable degree, flourifhing and populous,; highly cultivated, and highly commercial ; and whe- ther, under that domination, though perfonal liberty, had been precarious and infecure, property at leaft ' was ever violated. They cannot take the moral fym- pathies of the human mind along with them, in ab- ftractions feparated from the good or evil condition of the {late, from the quality of actions, and the cha- racter of the actors. None of us love abfolute and uncontrolled monarchy ; but we could not rejoice at the fufferings of a Marcus Aurelius, or a Trajan, who were abfolute monarchs, as we do when Nero is condemned by the fenate to be punifhed more major urn : Nor when that monfter was obliged to fly with his wife Sporus, and to drink puddle, were men affected in the fame manner, as when the ve- nerable Galba, with all his faults and errors, v/as 'murdered by a revolted mercenary foldiery. With fuch things before our eyes our feelings contradict our theories ; and when this is the cafe, the feel- ings are true, and the theory is falfe. What I con- tend for is, that in commending the deilruction of, an abfolute monarchy, all the circumftances ought j not to be wholly overlooked, as confiderations fitj only for fhallow and fuperficial minds. The fubverfion of a government, to deferve any praife, muft be confidered but as a ftep preparatory to the formation of fomething better, either in the fcheme of the government itfelf, or in the peribns who adminifter in it, or in both. Thefe events can- not in reaion be feparated. For inftance, when we praife our revolution of 1688, though the nation, in that act, was on the defenfive, and was juftified in ( '9 ) in incurring all the evils of a defenfive war, we do not reft there. We always combine with the fub- verfion of the old government the happy fettlement which followed. When we eftimate that revolt , tion, we mean to comprehend in our calculation f both the value of the thing parted withy and the / value of the thing received in exchange. The burthen of proof lies heavily on thofe who tear to pieces the whole frame and contexture of their country, that they could find no other way of fettling a government fit to obtain its rational ends, except that which they have purfued by means unfavourable to all the prefent happinefs of millions of people, and to the utter ruin of feveral hundreds of thoufands. In their political arrangements, men have no right to put the well-being of the prefent generation wholly out of the queftion. Perhaps the only moral truft with any certainty in our hands, is the care of our own time. With regard to futurity, we are to treat it like a ward. We art not fo to attempt an improvement of his fortune, as to put the capital of his eftate to any hazard. It is not worth our while to difcufs, like fophifters, whether, in no cafe, fome evil, for the fake of fome benefit is to be tolerated. Nothing univerfal can be rationally affirmed on any moral, or any politi- cal fubjecl. Pure metaphyfical abftraction doe* not belong to thefe matters. The lines of morality are not like the ideal lines of mathematics. They arc broad and deep as well as long. They admit of ex- , ceptions ; they demand modifications. Thefe ex- ceptions and modifications are not made by th / procefs of logic, but by the rules of prudence. Pru- dence is not only the firft in rank of the virtues poli- tical and moral, but fhe is the director, the regu- lator, the ftandard of them all. Metaphyfics can- not live without definition; but prudence is cau- tious how foe defines. Our courts cannot be more C a fearful fearful in fuffering fictitious cafes to be brought be- fore them for eliciting their determination on a point of law, than prudent moralifts are in putting ex- treme and hazardous cafes of confcience upon emer- gencies not exifting. Without attempting there- fore to define, what never can be defined, the cafe of a revolution in government, this, I think, may \ be fafely affirmed, that a fore and prefilng evil is to be removed, and that a good, great in its amount, and unequivocal in its nature, mud be probable almoft to certainty, before the ineflimable price of our own morals, and the well-being of a number of our fellow-citizens, is paid for a revolution. If ever we ought to be ceconomifls even to parfimony, it is in the voluntary production of evil. Every \ revolution contains in it fomething of evil. ' It muft always be, to thofe who are the greateft /amateurs, or even profeffors of revolutions, a matter very hard to prove, that the late French government was fo bad, that nothing worfe, in the infinite devices of men, could come in its place. 'They who have brought France to its prefent con- dition ought to prove allb, by fomething better than prattling about the Baftile, that their fubverted government was as incapable, as the prefent cer- tainly is, of all improvement and correction. How dare they to fay fo who have never made that expe- riment? They are experimenters by their trade. They hare made an hundred others, infinitely more hazardous. ,~- The Englifh admirers of the forty-eight thoufand republics which form the French federation, praife them not for what they are, but for what they are to become. They do not talk as politicians but as prophets. But in whatever character they choofe to found panegyric on prediction, it will be thought a little fmgular to praife any work, not for its own merits, but for the merits of fomething elfe which may may fucceed to it. When any political inftitution is praifed, in fpite of great and prominent faults of every kind, and in all its parts, it muft be fuppofed to have fomething excellent in its fundamental prin- ciples. It muft be fhewn that it is right though imperfect; that it is not only by poflibility fufcep- tible of improvement, but that it contains in it a principle tending to its melioration. Before they attempt to fhew this progreflion of their favourite work, from abfolute pravity to finifhed perfection, they will find themfelves engaged in a civil war with thofe whofe caufe they maintain. What! alter our fublime conftitution, the glory of France, the envy of the world, the pattern for man- kind, the mafter- piece of legiflation, the collected and concentrated glory of this enlightened age ! Have we not produced it ready made and ready armed, ma- ture in its birth, a perfect goddefs of wifdom and of war, hammered by our blackfmith midwives out of the brain of Jupiter himfelf? Have we not fworn our devout, profane, believing, infidel people, to an allegiance to this goddefs, even before Ihe had burft the dura mater, and as yet exifted only in embryo ? Have we not folemnly declared this conftitution unalterable by any future legiflature ? Have we not bound it on pofterity for ever, though our abettors have declared that no one generation is competent to bind another ? Have we not obliged the members of every future aflembly to qualify themfelves for their feats by fwearing to its con- fcrvation ? Indeed the French conftitution always muft be (if a change is not made in all their principles and fundamental arrangements) a government wholly by popular reprefentation. It muft be this or nothing. The French faction confiders as an ufurpation, as an atrocious violation of the indefeafible rights of man, every other defcription. of government. Take it C 3 or or leave it ; there is no medium. Let the irrefra- gable doctors fight out their own controverfy in heir own way, and with their own weapons j and when they are tirecj let them commence a treaty of peace. Let the plenipotentiary Ibphifters of Eng- land fettle with the diplomatic fophifters of France in what manner right is to be corrected by an infu- jfion of wrong, and how truth .may be rendered more true by a due intermixture of falfhood. Having iuffitiently proved, that nothing could make it generally improper for Mr. Burke to prove what he had alledged concerning the object of this difpute, I pafs to the fecond queihien, that is, whe- ther he was juftified in clioofijig the committee on the Quebec bih as the field for this difcuf- fion ? If it were neceflary, it might be fhewn, that he was not the firft to bring thefe difcufllons into parliament, nor the firft to renew them in this feffion. The fact is notorious. As to the Quebec bill, they were introduced into the debate upon that fubject for two plain reafons ; firft, that as he thought it then not advifeable to make the proceedings of the factious focieties the fubject of a direct motion, he had no other way open to him. Nobody has attempted to fhew, that it was at all admifiible into any other bufmefs before the houfe. Here every thing was favourable. Here \ was a bill to form a new constitution for a French ; province under Englifh dominion. The queftion, 1 naturally arofe, whether we fhould fettle that con-^ ftitution upon Engliih ideas, or upon French.! This furnifhed an opportunity for examining into the value of the French cqnftitudon, either confider- ed as applicable to colonial government, or in its own nature. The bill too was in a committee. By the privilege of fpeaking as often as he pleafed, he hoped in fome meafure to fupply the want of fupport, which he had but too much reafon to apprehend. JTI a committee it was always in his power to bring the the queftions from generalities to fafts ; from de- i clamation to difcuffion. Some benefit he actually received from this privilege. Theie are plain, ob- vious, natural reafons for his conduct. I believe they are the true, and the only true ones. They who juftify the frequent interruptions, which at length wholly difabled him from proceeding, attri- bute their conduct to a very different interpretation of his motives. They fay, that through corruption, or malice, or foliy, he was acting his part in a plot to make his friend Mr. Fox pafs for a republican ; and thereby to prevent the gracious intentions of his fo- vereign from taking effe6t, which at that time. had began to difclofe themielves in his favour *. This is- f.ariv/ -ji r * To explain this, it will be neceflary to advert to a para-, graph which appeared in a paper in the minority interefl Tome time before this debate. " A very dark intrigue has lately been " difcovered, the authors of which are well known to us.; brtt " until the glorious day fhall come, when it will not be a " LIBEL to tell the TRUTH, we muft not be fo regardlefs of " our own fafety, as to publifh their names. We will, how- " ever, ftate the fad, leaving it to the ingenuity of our readers' " to diicover what we dare not publifh. " Since the bufmefs of the armament againft Rufiia has been " under difcufiion, a great perfonage has been heard to fay, " that " he was not fo wedded to Mr. PITT, as not to be very willing " to give his confidence to Mr. Fox, if the latter mould be " able, in a crifis like the prefent, to conduct: the government " of the country with greater advantage to the public." " This patriotic declaration immediately alarmed the fwarm " of courtly infects that live only in the funfhine of minifterial " favour. It was thought to be the forerunner of the difmif- " fion of Mr. PITT, and every engine was fet at work for the. " purpofe of preventing fuch an event. The principal engine " employed on this occafion was CALUMNY. It was whif- " pered in the ear of a great perfonage, that Mr. Fox was the " laft man in England to be truiled by a KING, becaufe he " was by PRINCIPLE a REPUBLICAN, and consequently an " enerny to riONARCHY. " In the difcuflion of the Quebec bill which flood for yefter- " day, it was the intention of fome perfons to conneft with this " fubjedl the French Revolution, in hopes that Mr. Fox would " be warmed by a coliifion with Mr. Burke, and induced tode- C 4. fen4 is a pretty ferious charge. This, on Mr. Burke's part, would be fomething more than miftakej fomething worfe than formal irregularity. Any contumely, any outrage is readily paflfed over, by the indulgence which we all owe to fudden paffion. Thefe things are foon forgot upon occafions in which all men are fo apt to forget themfelves. De- liberate injuries, to a degree muft be remembered, becaufe they require deliberate precautions to be fecured againft their return. I am authorized to fay for Mr. Burke, that he confiders that caufe affigned for the outrage offered to him, as ten times worfe than the outrage itfelf. There is fuch a ftrange confufion of ideas on this fubjecl, that it is far more difficult to underftand the nature of the charge, than to refute it when underftood. Mr. Fox's friends were, it feems, feized with a fudden panic terror left he Ihould ' fend that revolution in which fo much power was taken " from, and fo little left in, the crown. " Had Mr. Fox fallen into the fnare, his fpeech on the occa- fion would have been laid before a great perfonage, as a " proof that a man who could defend fuch a revolution, might " be a very good republican, but could not poffibly be a friend ' to monarchy. " But thofe who laid the fnare were difappointed ; for Mr. f ' Fox, in the fhort converfation which took place yefterday in " the houfe of commons faid, that he confeffedly had thought te favorably of the French revolution ; but that moft certainly ' he never had, either in parliament or out of parliament, pro r " feffed or defended republican principles." ^Argus, April azd, 1791. Mr. Burke canr.ot anfwer for the truth, nor prove the falfe- hood of the ftory given by the friends of the party in this paper. He only knows that an opinion of its being well or ill authen- ticated had no influence on his conduft. He meant only, to the beft of his power, to guard the public againft the ill defigns of factions out of doors. What Mr. Burke did in parliament could hardly have been intended to draw Mr. Fox into any declara- tions unfavourable to his principles, fmce (by the account of thofe who are his friends) he had long before effectually prevented the fuccefs of any fuch fcandalous defigns. Mr. Fox's friends have themfelves dene away that imputation on Mr, Burke. pafs C *5 ) pafs for a republican, I do not think they had any ground for this apprehenfion. But let us admit they had. What was there in the Quebec bill, ra- ther than in any other, which could fubject him or them to that imputation ? Nothing in a difcuffion of the French conftitution, which might arife on the Quebec bill, could tend to make Mr. Fox pafs for a republican ; except he ihould take oc- cafion to extol that ftate of things in France, which affects to be a republic or a confederacy of re- publics. If fuch an encomium could make any unfavourable impreftlon on the king's mind, furely his voluntary panegyrics on that event, not fo much introduced as intruded into other debates, with which they had little relation, muft have produced that effect: with much more certainty, and much greater force. The Quebec bill, at worft, was only one of thofe opportunities, carefully fought, and in- duftrioufly improved by himfelf. Mr. Sheridan had already brought forth a panegyric on the French fyftem in a ftill higher ftrain, with full as little de- mand from the nature pf the bufmefs before the houfe, in a fpeech too good to be fpeedily forgot- ten. Mr. Fox followed him without any direct call from the fubject matter, and upon the fame ground. To canvafs the merits of the French conftitution on the Quebec bill could not draw forth any opi- nions which were not brought forward before, with no fmall oftentation, and with very little of ne- ceflity, or perhaps of propriety. What mode, or what time of difcuffmg the conduct of the French faction in England would not equally tend to kindle this enthufiafm, and afford thofe occafions for pane- gyric, which, far from fhunning, Mr. Fox has always induftrioufly fought ? He himfelf faid very truly, in the debate, that no artifices were neceffary to draw from him his opinions upon that fubject. But to fall upon Mr, Burke for making an ufe, at worft not ( 26 ) not more irregular, of the fame liberty, is tan-- tamount to a plain declaration, that the topic of France is tabooed or forbidden ground to Mr. Burke, and to Mr. Burke alone. But furely Mr. Fox is not a republican; and what fhould hinder him, when fuch a difcuflion came on, from clearing him- felf unequivocally (as his friends fay he had done near a fortnight before) of all fuch imputations ? Inftead of being a difadvantage to him, he would have defeated ail his enemies, and Mr. Burke, fmce he has thought proper to reckon him amongft them. But it feems, fome news-paper or other had im- puted to him republican principles, on occafion of his conduct upon the Quebec bill. Suppofing Mr. Burke to have feen thefe news-papers (which is to fuppofe more than- 1 believe to be true) I would afk, when did the news-papers forbear to charge Mr. Fox, or Mr. Burke himfelf, with republican principles, or any other principles which they thought could render both of them odious, fometimes to one defcription of people, fometimes to another ? Mr. Burke, fmce the publication of his pamphlet, has been a thoufand times charged in the news-papers with holding de- fpotic principles. He could not enjoy one moment of domeftic quiet, he could not perform the leaft particle of public duty, if he did not altogether difregard the language of thofe libels. But how- ever his fenfibility might be affected by fuch abufe, it would in him have been thought a moil ridicu- lous reafon for {hutting up the mouths of Mr. Fox, or Mr. Sheridan, fo as to prevent their delivering their fentiments of the French revolution, that forfooth, " the news-papers had lately charged Mr. " Burke with being an enemy to liberty." I allow that thole gentlemen have privileges to which Mr. Burke has no claim. But their friends ought to plead thofe privileges -, and not to affign bad i reafons, reafons, on the principle of what is fair between man and man, and thereby to put themfelves on a level with thofe who can Ib eafily refute them. Let them fay at once that his reputation is of no value, and that he has no call to aflert it -, but that theirs Js of infinite concern to the party and the public ; and to that ccnfkleration he ought to facrifice all his opinions, and all his feelings. In that language I fhould hear a ftyle corre- fpondent to the proceeding ; lofty, indeed, but plain and confident. Admit, however, for a moment, and merely for argument, that this gentleman had as good a right to continue as they had to begin thefe difcufiions, in ctndour and equity they muft allow that their voluntary defcant in praife of the French constitution was as much an oblique attack on Mr. Burke, as Mr. Burke's enquiry into the foundation of this encomium could poffibly be conftrued into an imputation upon them. They well knew, that he felt like other men ; and of courfe he would think it mean and unworthy, to decline afferting in his place, and in the front of able adverfaries, the principles of what he had penned in his clofet, and without an opponent before him. They could not but be convinced, thac declamations of this kind would rouze him ; that he muft think, coming from men of their calibre, they were highly mif- chievous ; that they gave countenance to bad men, and bad defigns; and, though he was aware that the handling fuch matters in parliament was delicate, yet he was a man very likely, whenever, much againft his will, they were brought there, to refolve, that there they Ihouid be thoroughly lifted. Mr. Fox, early in the preceding fefTion, had public notice fiom Mr. Burke of the light in which he con- jQdered every attempt to introduce the example j of France into the politics of this country ; and I of his refolution to break with his belt friends^ and / and to join with his word enemies to prevent it. He hoped, that no fuch neccffity would ever exiil. But in cafe it fhould, his determination was made. The party knew perfectly that he would at leaft defend himfelf. He never intended to attack Mr. Fox, nor did he attack him directly or indirectly. His fpeech kept to its matter. No perfonality was employed even in the remoteft allufion. He never did impute to that gentleman any republican prin- ciples, or any other bad principles or bad conduct whatfoever. It was far from his words; it was far from his heart. It mufl be remembered, that not- wkhftanding Mr. Fox, in order to fix on Mr. Burke, an unjuftifiable change of opinion, and the foul crime of teaching a fet of maxims to a boy, anq afterwards, when thefe maxims became adult in his! mature age, of abandoning both the difciple anc$ the doctrine, Mr. Burke never attempted, in any one particular, either to criminate or to recrimi- nate. It may be faid, that he had nothing of the kind in his power. This he does not controvert. He certainly had it not in his inclination. That fentleman had as little ground for the charges which e was fo eafily provoked to make upon him. The gentlemen of the party (I include Mr. Fox) have been kind enough to confider the difpute brought on by this bufmefs, and the confequent reparation of Mr. Burke from their corps, as a matter of regret and uneafinefs. I cannot be of opinion, that by his exdufion they have had any lofs at all. A man whofe opinions are fo very ad- verfe to theirs, adverfe, as it was expreffed, " as * ( pole to pole," fo mifchievoufly as well as fo di- rectly adverfe, that they found themfelves under the / neceffity of folemnly difclaiming them in full parlia-. J ment, fuch a man muft ever be to them a moil im4f feemly and unprofitable incumbrance. A co-opera- tion with him could only ferve to embarrafs them in ati all their councils. They have befides publickly re- prefented him as a man capable of abufing the doci- lity and confidence of ingenuous youth ; and, for a / bad reafon, or for no reafon, of difgracing his whole/ public life by a icandalous contradiction of every onef of his own acts, writings, and declarations. If thefc charges be true, their excluiion of fuch a perfon from their body is a circumflance which does equal honour to their juftice and their prudence. If they cxpn is a degree of fenfibility in being obliged to execute this wife and juft fentence, from a conli- deration of fome amiable or fome pleafant quali- ties which in his private life their former friend may happen to poflefs, they add, to the praife of their wifdom and firmnefs, the merit of great tendernefe of heart, and humanity of difpofition. /"On their ideas, the new Whig party have, in my /opinion, acted as became them. The author of | the Reflections, however, on his part, cannot, with- out great fhame to himfelf, and without entailing \ cverlafting difgrace on his pofterity, admit the truth or juftice of the charges which have been made upon him ; or allow that he has in thofe Reflections difcovered any principles to which honeft men are bound to declare, not a fhade or two of difient, but a total fundamental oppofition. He muit believe, if he does not mean wilfully to abandon his caufe and his reputation, that principles fundamentally at variance with thofe of his book, are fundamentally falfe. What thofe principles, the antipodes to his, really are, he can only difcover from that contrariety. ,He is very unwilling to fuppofe, that the doctrines / of fome books lately circulated are the principles I of the party ; though, from the vehement declara- ' tions againtl his opinions, he is at fome lofs how to judge otherwife. For the prefent, my plan does not render it ne- ctary to fay any thing further concerning the me- rits ( 30 ) rits cither of the one fet of opinions or the other. The author would have difcuffed the merits of both in his place, but he was not permitted to do fo. I pafs to the next head of charge, Mr. Burke's inconfiftency. It is certainly a great aggravation of his fault in embracing falfe opinions, that in doing fo he is not fuppofed to fill up a void, but that he is guilty of a dereliction of opinions ;' that are true and laudable. This is the great gift of the charge againft him. It is not fo much that he is wrong in his book (that however is alledged alfo) as that he has therein belyed his whole life. I believe, if he could venture to va- lue himfelf upon any thing, it is on the virtue o confiftency that he would value himfelf the moft. Strip him of this, and you leave him naked indeed. In the cafe of any man who had written fome- thing, and fpoken a great deal, upon very multifa- i rious matter, during upwards of twenty-five years \ public fervice, and in as great a variety of import- ant events as perhaps have ever happened in the fame number of years, it would appear a little hard, in order to charge fuch a man with inconfiftency, to fee collected by his friend, a fort of digeft of his fayings, even to fuch as were merely fportive and jocular. This digeft, however, has been made, with equal pains and partiality, and without \ bringing out thofe paflages of his writings which j might tend to fhew with what reftrictions any ex-/ prefllons, quoted from him, ought to have beeri underftood. From a great ftatefman he did not quite expect this mode of inquifition. If it only appeared in the w >rks of common pamphleteers, Mr. Burke might fafely truft to his reputation. When thus urged, he ought, perhaps, to do a little more. It fhall be as little as poffible, for I hope not much is wanting. To be totally filent on his charges charges would not be refpectful to Mr. Fox. Ac- culations fometimes derive a weight from the per- fons who make them, to which they are not en- tided from their matter. He who thinks, that the Britifh conftitntion ought to confift of the three members, of three very dif- ferent natures, of which it does actually confift, and , thinks it his duty to preferve each of thofe mem- ' bers in its proper place, and with it's proper pro- portion of power, mufl (as each lhall happen to be attacked) vindicate the three feveral parts on the feveral principles peculiarly belonging to them. He cannot uflert the democratic part on the princi- ples on which monarchy is fupported ; nor can he fupport monarchy on the principles of democracy; nor can he maintain ariftocracy on the grounds of the one or of the other, or of both. All thefej he muft fupport on grounds that are totally differ- ent, though practically they may be, and happily! with us they are, brought into one harmonious body./ A man could not be confiftent in defending fuch// various, and, at firft view, difcordant parts of ai/ mixed conftitution, without that fort of inconfift-/] ency with which Mr. Burke (lands charged. As any one of the great members of this conftitu- tion happens to be endangered, he that is a friend to all of them choofes and prefles the topics necefiary for the fupport of the part attacked, with all the ftrength, the earneftnefs, the vehemence, with all the power of ftating, of argument, and of colouring, which he happens to poflefs, and which the cafe demands. He is not to embarrafs the minds of his hearers, or to encumber, or overlay his fpeech, by bringing into view at once (as if he were reading an aca- demic lecture) all that may and ought, when a juft occafion prefents itfelf, to be faid in favour of the other members. At that time they are out of the ourt ; there Js no queftion concerning them. Whilft Whilft he oppofes his defence on the part where the attack is made, he prefumes, that for his regard to the juft rights of all the reft, he has credit in every candid mind. He ought not to apprehend, that his raifmg fences about popular privileges this day, will infer that he ought, on the next, to concur with thofe who would pull down the throne : becaufe on the next he defends the throne, it ought not to be fup- pofed that he has abandoned the rights of the people. A man who, among various objects of his equal regard, is fecure of fome, and full of anxiety for the fate of others, is apt to go to much greater lengths in his preference of the objects of his imme- diate folicitude than Mr. Burke has ever done. A man fo circumftanced often feems to undervalue, to vilify, almoft to reprobate and difown, thofe that are out of danger. This is the voice of nature and truth, and not of inconfiftency and falfe pretence. The danger of any thing very dear to us, removes, for the moment, every other affection from the mind. When Priam had his whole thoughts em- ployed on the body of his Hector, he repels with indignation, and drives from him with a thoufand reproaches, his furviving fons, who with an officious piety crouded about him to offer their affiftance. A good critic (there is no better than Mr. Fox) would fay, that this is a mafter-ftroke, and marks a deep understanding of nature in the father of poetry. He would defpife a Zoilus, who would conclude from this paffage that Homer meant to reprefent this man of affliction as hating or being indifferent and cold in his affections to the poor reliques of his houfe, or that he preferred a dead carcafe to his living children. Mr. Burke does not ftand in need of an allowance of this kind, which, if he did, by candid critics ought to be granted to him. If the principles of a mixed conftitution ( 33 ) conftitution be admitted, he wants no more to juftify to confiftency every thing he has faid and done during the courfe of a political life juft touchiag to its clofe. I believe that gentleman has kept him- felf more clear of running into the fafliion of wild vifionary theories, or of feeking popularity through every means, than any man perhaps ever did in the lame fituation, He was the firft man who, on the huftings, at a\ popular election, rejected the authority 'of inftruc- ) tions . from conftituents j or who, in any place,/ has argued fo fully againft it. Perhaps the dif- credit into which that doctrine of compulfive in- ftructions under our conftitution is fince fallen, may be due, in a great degree, to his oppofing himfelf to it in that manner, and on that occafion. The reforms in reprefentation, and the bills for} fhortening the duration of parliaments, he uniformly / and fteadily oppofed for many years together, inf contradiction to many of his belt friends. Thefe friendsj however, in his better days, when they had more to hope from his fervice and more to fear from his lofs than now they have, never chofe to find any inconfiftency between his acts and ex- preflions in favour of liberty, and his votes on thofc queftions. But there is a time for all things. Againft the opinion of many friends, even againft the folicitacion of fome of them, he oppofed thofe of the church clergy, who had petitioned the Houfe of Commons to be difchnrged from the fubfcrip- tion. Although he fupported the diffenters in their petition for the indulgence which he had refufed to the clergy of the eftablifhed church, in this, as he was not guilty of it, fo he was not reproached with inconfiftency. At the fame time he promoted, and againft the wifh of feveral, the claufe that gave the diflenting teachers another fubfcription in the D place ( 54 ) place of that which was then taken away. Neither at that time was the reproach of inconfiftency brought againft him. People could then diftinguifh between a difference in conduct, under a variation of circumftancesj and an inconfiftency in principle. It was not then thought neceffary to be freed of him as of an incumbrance. Thefe inftances, a few among many, are pro- duced as an anfwer to the infmuation of his having purfued high popular courfes, which in his late book he has abandoned. Perhaps in his whole life he has never omitted a fair occafion, with whatever rifqne to him of obloquy as an indivi- dual, with whatever detriment to his intereft as a member of oppofition, to affert the very fame doc-^ trines which appear in that book. He told the Houfe, upon an important occafion, and pretty early in his fervice, that " being warned by the ill effect " of a contrary procedure in great examples, he " had taken his ideas of liberty very low ; in order " that they fhould ftick to him, and that he might " ftick to them to the end of his life." At popular elections the moft rigorous cafuifts will remit a little of their feverity. They will allow to a candidate fome unqualified effufions in favour of freedom, without binding him to adhere to them in their utmoft extent. Bvt Mr. Burke put a more ftrict rule upon himfelf than moft moralifts would put upon others. At his firft offering himfelf to Briftol, where he was almoft fure he Ihould not obtain, on that or any oc- cafion, a fmgle Tory vote, (in fact he did obtain but one) and refted wholly on the Whig intereft, he thought himfelf bound to tell to the electors, both before and after his election, exactly what a repre- fentative they had to expect in him. " The diftinguijhing part of our conftitution (h/* " faid) ( 35 ) e{ faid) is its liberty. To preferve that liberty in- " violate, is the peculiar duty and proper truft of f. member of the houfe of commons. But the li- " berty, the only liberty I mean, is a liberty con- \ <( nedbed with order, and that not only exifts with " order and virtue, but cannot exift at all without " them. It inheres in good and fteady govern- " ment, as in itsfubftance and vital principle." The liberty to which Mr. Burke declared him- felf attached, is not French liberty. That liberty is nothing but the rein given to vice and confuiion. Mr. Burke was then, as he was at the writing of his Reflections, awfully imprefied with the difficulties arifmg from the complex ftate of our conftitution and our empire, and that it might require, in dif- ferent emergencies different forts of exertions, and the fucceffive call upon all the various principles which uphold andjuftify it. This will appear from what he faid at the clofe of the poll. " To be a good member of parliament is, let me n which he/ itain and hen /'but whether they were to give up fo hap^y a fitua- \tion without a ftruggle ? Mr. Burke had feveral other converfations with him about that time, in none of which, foured and exafperated as his mind certainly was, did he difcover any other wilh in favour of America than for a fecurity to its ancient condi-/ tion. Mr. Burke's converfation with other Ameri- cans was large indeed, and his enquiries extenfive and diligent. Trufting to the refult of all thefe means of information, but trufling much more in the pub- lic preemptive indications I have juft referred to, and to the reiterated folemn declarations of their affemblies, he always firmly believed that they were ji purely on the defenfive in that rebellion. He con- fidered the Americans as Handing at that time, and in that controverfy, in the fame relation to Eng- land, as England did to king James the Second, in 1688. He believed, that they had taken up arms from one motive only ; that is our attempting to tax them without their confent; to tax them for the purpofes of maintaining civil and military eftablifhments. If this attempt of ours could have been practically eftablifhed, he thought with them, that their aflemblies would become totally ufelefs ; that under the iyftem of policy which was then frfued, the Americans could have no fort of fe- rity for their laws or liberties, or for any part of ^m ; and, that the very cireumftance of our free- m would have augmented the weight of their flavery. Confidering the Americans on that defenfive foot- ing, he thought Great Britain ought inftantly to have clofed wkh them by the repeal of the taxing act. He was of opinion that our general rights over that country would have been preferved by this timely conceflion*. When, inflead of this, * See his fpeech on American taxation., the i pth of April, 1 774. a Bfofton X 39 ) a Bofton port bill, a MafTachufet's charter bill, a Filhciy bill, an Intercourfe bill, I know not how many hcftile bills rufhed out like Ib many tempefts from all points of the compafs, and were accompanied firft with great fleets and ar- mies of Englifh, and followed afterwards with great bodies of foreign troops, he thought that their caufe grew daily better, becaufe daily more defen- five ; and that ours, becaufe daily more offenfive, grew daily worfe. He therefore in two motions, in two fucceflive years, propofed in parliament; many concefiions beyond what he had reafon toj think in the beginning of the troubles would everj be ferioufly demanded. So circumftanced, he certainly never could and never did wifh the colonifts to be fubdued by arms. He was fully perfuaded, that if fuch fhould be the event, they muft be held in that fubdued ftate by a great body of {landing forces, and per- haps of foreign forces. He was ftrongly of opinion, that fuch armies, firft victorious over Englifhmen, in a conflict for Englifh coriftitutional rights and privileges, and afterwards habituated (though in America) to keep an Englifh people in a ftate i of abject fubjection, would prove fatal in the end j to the liberties of England itfelf ; that in the mean ' time this military fyftem would lie as an oppreffive 1 burthen upon the national finances j that it would \ conftantly breed and feed new difcuflions, full of , heat and acrimony, leading poffibly to a new feries of wars ; and that foreign powers, whilft we con- tinued in a ftate at once burthened and diffracted, muft at length obtain a decided fuperiority over us. On what part of his late publication, or on what exprefllon that might have efcaped him in that work, is any man authorized to charge Mr. Burke with a contradiction to the line of his conduct, , and to the current of his doctrines on the American j D 4 war ? ( 40 ) war ? The pamphlet is in the hands of his accufers, let them point out the paflage if they can. Indeed, the author has been well fifted and fcru- tinized by his friends. He is even called to an account for every jocular and light expreffion. A ludicrous picture which he made with regard to a pafiage in the fpeech of a * late minifter, has been brought up againft him. That paflage con- tained a lamentation for the lofs of monarchy to the Americans, after they had feparated from Great Britain. He thought it to be unfeafonable, ill judged, and ill forted with the circumftances of all the parties. Mr. Burke, it feems, confidered it ridiculous to lament the lofs of fome monarch or other, to a rebel people, at the moment they had for ever quitted their allegiance to theirs and our fovereign; at the time when they had broken off all connexion with this nation, and had allied them- felves with its enemies. He certainly muft have thought it opeli to ridicule : and, now that it is recalled to his memory, (he had, J believe, whol- ly forgotten the circumftance) he recollects that he did treat it with fome levity. But is it a fair infe- rence from a jeft on this unfeafonable lamentation, that he was then an enemy to monarchy either in this or in any other country ? The contrary per- haps ought to be inferred, if any thing at all can be- argued from pleafantries good or bad. Is it for this reafon, or for any thing he has laid or done re- lative to the American war, that he is to enter into an alliance offenfive and defenfive with every rebellion, in every country, under every circum- ftance, and raifed upon whatever pretence? Is it "becaufe he did not wifli the Americans to be fub- dued by arms, that he muft be inconfiftent v;ith Jiimfelf, if he reprobates the conduft of thofe fo- * Lord Lanfclown. tieties ( 4! ) cietics in England, who alledging no one act of ty T \ ranny or oppreffion, and complaining of no hoftile ] attempt againft our antient laws, rights, and ulages, \ are now endeavouring to work the ckltruction of the j crown of this kingdom, and the whole of its con- ftitution? Is he obliged, from the concefiions he wilhed to be made to the colonies, to keep any terms with thofe clubs and federations, who hold out to us * as a pattern for imitation, the proceedings inJFrance, in which a king, who had voluntarily and formally di- \ vetted himieif of the right of taxation, and of all |J other fpecies of arbitrary power, has been dethroned ? / Is it becaufe Mr. Burke wilhed to have America rather conciliated than vanquifhed, that he muft wifh well to the army of republics which are fet up in France; a country wherein not the people, but the monarch was wholly on the defend ve (a poor, indeed, and feeble defenfive) to preferve Jome fragments of the royal authority againft a determined and defpe- rate body of confpirators, whofe object it was, with whatever certainty of crimes, with whatever hazard of war and every other fpecies of calamity, to anni--, hilate the whole of that authority; to level all ranks, > orders, and diftinctions in the flate ; and utterly to ; deftroy property, not more by their acts than in/ their principles ? Mr. Burke has been alfo reproached with an in- confiflency between his late writings and his former conduct, becaufe he had propofed in parliament feveral ceconomical, leading to feveral conftitutional reforms. Mr. Burke thought, with a majority of the Houfe of Commons, that the influence of the crown at one time was too great ; but after his Ma- jeity had by a gracious mefTage, and feveral fubfe- quent acts of parliament, reduced it to a ftandard which fatisfied Mr. Fox himfelf, and, apparently at leaft, contented whoever wifhed to go fartheft in that reduction, is Mr. Burke to allow that it would be right for C 41 ) for us to proceed to indefinite lengths upon that fub- ject? that it would therefore bejuftifiable in a people owing allegiance to a monarchy, and profefiing to\ maintain it, not to reduce, but wholly to take away all \ prerogative, and // influence whatfoever ? Muft his having made, in virtue of a plan of oeconomical re- gulation, a reduction of the influence of the crown, compel him to allow, that it would be right in the French or in us to bring a king to fo abject a ftate, as in function not to be fo relpectable as an under fhcrifF, but in pe-rfon not to differ from the condi- tion of a mere prifoner ? One would think that fuch) a thing as a medium had never been heard of in tlW moral world. This mode of arguing from your having done any thing in a certain line, to the neceffity of do- ing every thing, has political ccnfequences of other moment than thofe of a logical fallacy. If no man can propofe any diminution or modification of an invidious or dangerous power or influence in go- vernment, without entitling friends turned into adverfaries, to argue him into the deftruction of all prerogative, and to a fpoliation of the whole patronage of royalty, I do not know what can more effectually deter perfons of fober minds from engaging in any reform ; nor how the worft enemies to the liberty of the fubject could contrive any me- thod more fit to bring all correctives on the power of the crown into fuipicion and difrepute. If, fay his accufers, the dread of too great influence in the crown of Great Britain could juftify the degree of reform which he adopted, the dread of a return under the defpotifm of a monarchy might juftify the people of France in going much further, and reduc- ing monarchy to its prefent nothing. Mr. Burke does pot allow, that a furrlcient argument ad hominem is inferable from thefe premifes. If the horror of the exceffes of an abfolute monarchy furnifhes a reafon for abolifhing ( 43 ) abolifKing it, no monarchy once abfolute (all have been fo at one period or other) could ever be limited. It mult be deftroyed ; otherwife no way could be found to quiet the fears of thofe who were formerly fub- jected to that fway. But the principle of Mr. Burked proceeding ought to lead him to a very different conclufion ;- to this conclufion, that a monar-X chy is a thing perfectly fufceptible of reform ; per- V fectly fufceptible of a balance of power ; and that, i; when reformed and balanced, for a great country, it / is the belt of all governments. The example of our" country might have led France, as it has led him, to perceive that monarchy is not only reconcila- ble to liberty, but that it may be rendered a great and ftable fecurity to its perpetual enjoyment. No correctives which he propofed to the power of the crown could lead him to approve of a plan of a republic (if fo it may be reputed) which has no correctives, and which he believes to be inca- pable of admitting any. No principle of Mr. Burke's conduct or writings obliged him, from confiftency, to become an advocate for an ex- change of mifchiefs ; no principle of his could . compel him to juftify the fetting up in the place j of a mitigated monarchy, a new and far more/ defpotic power, under which there is no trace of? liberty, except what appears in confufion a*id iri crime. Mr. Burke does not admit that the faction pre- dominant in France have aboiilhed their monarchy and the orders of their flate, from any dread of arbi- trary power that lay heavy on the minds of the peo- ple. It is not very long lince he has been in that country. Whilft there he converfed with many de- fcriptions of its inhabitants. A few perfons of rank did, he allows, difcover ftrong and manifeft tokens of fuch a fpirit of liberty, as might be expected one day to break all bounds. Such gentlemen have fincc ( 44 ) /mce had more reafon to repent of their want of forefight than I hope any of the fame clafs will ever have in this country. But this fpirit was far from general even amongft the gentlemen. As to the lower orders and thofe a little above them, in whofe name the prefent powers domineer, they were far from difcovering any fort of diflatisfaflion with the power and prerogatives of the crown. SThat vain people were rather proud of them : they rather defpifed the Englifh for not having a mo- narch pofieffed of fuch high and perfect authority. : men who had ftudied a free conftitution only in its anatomy, and upon dead fyftems. They knew it alive and in action. In this proceeding, the Whig principles, as ap- plied to the Revolution and fettlement, are to be E 4 found, found, or they are -to be found no where. I wifli the Whig readers of this appeal firft to turn to Mr. Burke's Reflections from p. 20 to p. 50 ; and then to attend to the following extracts from the trial of Dr. Sacheverel. After this, they will confider two things; firft, whether the doctrine in Mr. Burke's Reflections be confonant to that of the Whigs of that period j and fecondly, whether they choofe to abandon the principles which belong- ed to the progenitors of fome of them, and to the . predecefTors of them all, and to learn new principles \ of Whiggifm, imported from France, and diiTemi- nated in this country from diflenting pulpits, from federation focieties, and from the pamphlets, which (as containing the political creed of thofe fynods) are in- duftrioufly circulated in all parts of the two king- doms. This is their affair, and they will make their option. Thefe new Whigs hold, that the fovereignty, whether exercifed by one or many, did not only ori- ginate/re^ the people (a pofition not denied, nor worth denying or afienting to) but that, in the people the fame fovereignty constantly and unalien- ably refides ; that the people may lawfully depofe kings, not only for mifconduct, but without any mif- conduct at all ; that they may fet up any new fafhion of government for themfelves, or continue without any government at their pleafure ; that the people are eflentially their own rule, and their will the meafure of their conduct ; that the tenure of ma- giftracy is not a proper fubject of contract; becaufe magiftrates have duties, but no rights : and that if a contract de faffo is made with them in one age, allowing that it binds at all, it only binds thofe who were immediately concerned in it, but does not pafs to pofterity. Thefe doctrines concerning the people (a term which they are far from accurately defining, but by which, from many circumftances, it is plain enough ( 57 ) I enough they mean their own faction, if they fhould \grow by early arming, by treachery, or violence, into the prevailing force) tend, in my opinion, to the utter fubverfion, not only of all government, in all modes, and to all ftable fecurities to rational freedom, but to all the rules and principles of morality itfelf. k I arTert, that the ancient Whigs held doctrines, totally different from thole I have laft mentioned. I aflert, that the foundations laid down by the Com- mons, on the trial of Doctor Sacheverel, for jufti- fying the revolution of 1688, are the very fame laid down in Mr. Burke's Reflections ; that is to fay, a breach of the original contraft, implied and exprefled in the conftitution of this country, as a fcherne of government fundamentally and invio- lably fixed in King, Lords, and Commons. That the fundamental fubverfion of this antient conftitu- tion, by one of its parts, having been attempted, and in effect accomplifhed, juftified the Revolu- tion. That it was juftified only upon the neceffity of the cafe; as the only means left for the reco- very of that antient conftitution, formed by the ori- ginal contract of the Britifh ftate ; as well as for the future prefervation of the fame government. Thefe are the points to be proved. A general opening to the charge againft Dr. Sache- verel was made by the Attorney General, Sir John Montagu; but as there is nothing in that opening fpeech which tends very accurately to fettle the prin- ciple upon which the Whigs proceeded in the pro- fecution (the plan of the ipeech not requiring it) I proceed to that of Mr. Lechmere, the manager who fpoke next after him. The following are ex- tracts, given, not in the exact order in which they ftand in the printed trial, but in that which is thought moft fit to bring the ideas of the Whig Commons diftinctly under our view. i MR. ( 58 ) * MR. LECHMERE. c It becomes an indifpenfable duty upon us, who appear in the name and on the behalf of all the Commons of Great Britain, not onlj to demand your lordfhips juftice on fuch a criminal [Dr. Sa-r cheverel] but dearly and openly to ajfert our foun- dat ions' < The nature of our conflitution is that of a //- m * te l monarchy ; wherein the fupreme power is communicated and divided between Queen, Lords, anc * Commons ; though the executive power and adminiftration be wholly in the crown. The terms O f f uc fa a conftitution do not only ftippofe, but ex- r . . 01, prefs, an original contract between the crown and fa c people : by which that fupreme power was r r / r r . (by mutual conient, and not by accident) limited, an ^ lodged in more hands than one. And the uniform frefervation of fuch a conftitution for Jo. man y a?es* without any fundamental cLatt?e, demon- /, 71/7-7 r 7 / jtratcs to your Icrajhips the continuance of the Jame contraft.' ' The conlequences of fuch a frame of govern- ment are obvious. That the laws are the rule to ..... r both ; the common meaiure of the power or the crown, and of the obedience of the fubjecl ; and if the executive part endeavours fac.Jubvcrjion and tota ^ deftruttion of the government l , the original con- tract is thereby broke, and the right of allegiance ceafes ; that part of the government, thus funda- mentally injured, hath a right to fave or recover that conftitution, in which it had an original in- s The necejfary means (which is the phrafe ufed f by the Commons in their firft article) are words State Trials, vol. v. p. 651. made ( 59 ) ' made choice of by them with the greatefl caution. c Thofe means are defcribed (in the preamble to 4 their charge) to be, that glorious enterprize, which ? his late majefly undertook, with an armed force, f to deliver this kingdom from popery and arbitrary ' power ; the concurrence of many fubjeclis of the ( realm, who came over with him in that enterprize, c and of many others of all ranks and orders, who ' appeared in arms in many parts of the kingdom 5 in aid of that enterprize. c Thefe were the means that brought about the c Revolution ; and which the act that pafTed foon s after, declaring the rights and liberties of the fubjeff, c and fettling the JucceJJion of the crown, intends, f when his late majefty is therein called the glorious f inftrument of delivering the kingdom ; and which the f Commons, in the laft part of their firft article, * exprefs by the word rejiftance. f But the Commons, who will never be unmind- Regard of c ful of the allegiance of the fubiects to the crown of the Com " ... . j j i i i i mons to f this realm, judged it highly incumbent upon their aiie- * them, out of regard to thefafety of her majefty' s f^"^ ,, c perfon and government, and the antient and legal a d to the* < conftitution of this kingdom, to call that refiftance *"[.,,_ ' the necejfary means; thereby plainly founding that tion. * power, right, and refiftance, which was exercifed ' by the people at the time of the happy Revolu- f tion, and which the duties of felf-prefervation and ( religion called them to, upon the NECESSITY ' of the cafe, and at the fame time effectually fe curing < her majefty' s government, and the due allegiance of aUberfabjeSs.' * The nature of fuch an original contratt of go- AH ages vernment proves, that there is not only a power I^e'inte. in the people, who have inherited this freedom, to reft in p- aflert their own title to it ; but they are bound in 7S?^ duty to tranfmit the fame conftitution to their pof- tiadl > and terity alfo.' Mr. Mr. Lechmere made a fecond fpeech. Notwith- ftanding the clear and fatisfactory manner in which he delivered himfelf in his firfl upon this arduous queftion, he thinks himfelf bound again difti nelly to affert the fame foundation j and to juftify the Re- volution on the cafe of ' necejjity only, upon principles perfectly coinciding with thofe laid down in Mr. Burke's Letter on the French affairs. MR. LECHMERE. c Your lordfhips were acquainted, in opening the charge, with how great caution, and with what un- feigned regard to her majefly and her govern- ment, and the duty and allegiance of her fub- jects, the commons made ufe of the words ne- ceflary means., to exprefs the refiftance that was made ufe of to bring about the Revolution, and with the condemning of which the Doctor is charged by this article; not doubting but that the honour and juftice of that refiftance, from the ne- cejjity of that cafe, and to which alom we have fir iff ly confined eur/ehes, when duly confidered, would confirm and ftrengthen j-, and be underitocd to be an effectual fecurity for an allegiance of the fubject to the crown of this realm, in every other cafe where there is not the fame necejjity ; and that the right of the people to Jelf-defence, and pre- fer-vation of their liberties, by ref flame, as their loft remedy, is the rejult of a cafe of Juch neceflity only, and by which the original contract between king and people, is broke. I'bis was the principle laid down and carried through all that was J aid with rejpeft to allegiance ; and on which foundation, in the name and on the behalf of all the commons of 1 Great ( 61 ) Great Britain, we ajfert and juftify that refiftance by which the late happy revolution was brought about' f It appears to your lordfhips and the world, that breaking the original contrail between king and people y were the words made choice of by that Houfe of Commons, [the Houfe of Commons which had originated the declaration of right,] with the greateft deliberation and judgment, and approved of by your lordfhips, in that firft and fundamental ftep towards the re-eftablifoment of the government, which had received ib great a fhock from the evil counfels which had been given to that unfortunate prince.' Sir John Hawles, another of the managers, fol- lows the fteps of his brethren, pofitively affirming the doctrine of non-reliftance to government to be the general, moral, religious, and political rule for the fubject; and juflifying the Revolution on the fame principle with Mr. Burke, that is, as an ex- ception from neceffity. Indeed he carries the doctrine on the general idea of non-refiftance much further than Mr. Burke has done; and full as far as it can perhaps be fupported by any duty ofperfeft obliga- tion j however noble and heroic it may be, in many cafes, to fuffer death rather than difturb the tran- quillity of our country. * SIR JOHN HAWLES. c Certainly it muft be granted, that the doctrine f that commands obedience to the fupreme power, c though in things contrary to nature, even to fuffer * death, which is the higheft injuftice that can be * P. 676. * done ' done a man, rather than make an oppofition to the 5 ' fupreme power * [is reafonablej] becaufe the c death of one, or fome few private perfons, is a ( lefs evil than difturbing the whole government ; that c law muft needs be underftood to forbid the doing ' or faying any thing to difturb the government ; c the rather becaufe the obeying that law cannot c be pretended to be againft nature : and the Doc- ' tor's refufing to obey that implicit law, is the c reafon for which he is now profecuted; though he c would have it believed, that the reafon he is now c profecuted, was for the doctrine he aflerted of f obedience to the fupreme power > which he ' might have preached as long as he had pleafed, ' and the Commons would have taken no offence c at it, if he had flopped there, and not have taken * upon him, on that pretence or occafion, to have c caft odious colours upon the Revolution.' General Stanhope was among the managers: He begins his fpeech by a reference to the opinion of his fellow managers, which he hoped had put beyond all doubt the limits and qualifications that the Commons had placed to their doctrines con- cerning the Revolution; yet not fatisfied with this general reference, after condemning the principle of non-refiftance, which is aflerted in the fennon without any exception, and ftating, that under the fpe- cious pretence of preaching a peaceable doctrine, Sacheverel and the Jacobites meant in reality to excite a rebellion in favour of the Pretender, he explicitly limits his ideas of refiftance with the * The words neceflary to the completion of the fentence are wanted in the printed trial but the conftru&ion of the Sentence, as well as tl.e foregoing part of the fpeech, juiHfy the infertion of fome fuch fupplemental words as the above. boundaries boundaries laid down by his colleagues and by Mr. Burke. GENERAL STANHOPE. f The conftitution of England is founded upon c compatt ; and the fubjeils of this kingdom have, R; hts of c in their feveral public and private capacities, as the fubje ' legal a title to what are their rights by law, as a JrownV f prince to the poffefiion of his crown. q*iiy le- f Your lordfhips, and mod that hear me, are wit- gal " f nefies, and muft remember the neceffities of thofe f times which brought about the Revolution : that jufticeof f no other remedy was left to preferve our religion JoniS c and liberties ; that refiftance was neceffary and con- neceffity. { Jeqttently juft. * Had the Doctor, in the remaining part of his f fermon, preached up peace, quietnefs, and the f like, and fhewn how happy we are under her f maj city's adminiftration, and exhorted obedience c to it, he had never been called to anfwer a f charge at your lordfhips bar. But the tenor of all 4 his fubfequent difcourfe is one continued invective c againft the government.' Mr. Walpole (afterwards Sir Robert) was one of the managers on this occafion. He was an honourable man and a found Whig. He was not, as the Jacobites and difcontented Whigs of his time have reprefented him, and as ill-informed people flill reprelent him, a prodigal and corrupt miniiter. They charged him in their libels and feditious converfa- tions as having firft reduced corruption to a fyftem. Such was their cant. But he was far from governing by corruption. He governed by party attachments. The charge of fyftematic corruption is lefs appli- cable to him, perhaps, than to any minifler who ever ferved -the crown for fo great a length of time. ( 64 ) time. He gained over very few from the Oppo- fition. Without being a genius of the firft clafs, he was an intelligent, prudent, and fafe minifteK. He loved peace -, and he helped to commu- nicate the fame difpofition to nations at leaft as warlike and reftlefs as that in which he had the chief direction of affairs. Though he ferved a matter who was fond of martial fame, he kept all the eftablifhments very low. The land tax continued at two fhillings in the pound for the greater part of his adminiftration. The other impofitions were moderate. The profound re- pofe, the equal liberty, the firm protection of juft laws during the long period of his power, were the principal caufes of that profperity which afterwards took fuch rapid ftrides towards per- fection; and which furniihed to this nation abi- lity to acquire the military glory which it has fince obtained, as well as to bear the burthens, the caufe and confequence of that warlike reputation. With many virtues, public and private, he had his faults ; but his faults were fuperficial. A carelefs, coarfe, and over familiar ftyle of difcourfe, without fufficient regard to perfons or occafions, and an almoft total want of political decorum, were the errours by which he was moil hurt in the public opinion: and thofe through which his enemies obtained the greateft advantage over him. But juflice muft be done. The prudence, fteadinefs, and vigilance of that man, joined to the greateft poflible lenity in his character and his politics, preferved the crown to this royai family ; and with it, their laws and li- berties to this country. Walpoie had no other plan of defence for the Revolution, than that of the othtr managers, and of Mr. Burke j and he gives full a* little countenance to any arbitrary at- tempts, , n the pait of reftlefs and factious men, for framing new governments according to their fancies. MR. t 65 ) MR. WALPOLE. ? Refiftance is no where enafted to be legal, but Cafe of fubjefted, by all the laws now in being, to the " u f j of"the greateft penalties. It is what is not, cannot, nor iaw;*d 1 t J /- M j i the higlieft ought ever to be defcnbed, or affirmed, in any oOneL pofitive law, to be excu fable : when> and upon what nevtr-to-bt-expffftd occafions, it may be exercifed, no man can forefeej and it ought never to he thought of, but when an utter fubverfion of the laws of the realm threatens the whole frame of our conftitution, and no redrefs can other-wife be hoped for. It therefore does, and ought for ever, to ftand, in the eye and letter of the law, as the highejl offence. But becaufe any man. or party of men, may not^ out of folly or wantonnefs, commit treafon, or make their own difcontents, ill prin- ciples, or difguifed affections to another intereft, a pretence to refift the fupreme power, will it fol- utmoft low from thence that the utmoft neceffity ought JSSte not to engage a nation, in its own defence, for the prefervation of fly e whole T Sir Jofeph Jekyl was, as I have always heard and believed, as nearly as any individual could be, the very ftandard of Whig principles in his age. He was a learned, and an able man ; full of honour, integrity, and public fpirit; no lover of innovation; nor difpofed to change his Iblid principles for the giddy fafhion of the hour. Let us hear this Whig. SIR JOSEPH JEKYL. * In clearing up and vindicating the juftice of the * Revolution, which was the fecond thing propofel, it F < is ( 66 ) Commons < is far from the intent of the Commons to ftate the ?heTm te c I* m **s an d bounds of the fnbject's fubmiflion to the of fubmif- fovereign. That which the law hath been wifely c filent in, the Commons defire to be filent in too ; c nor will they put any cafe of a juftifiable refiftance, ' but that of the Revolution only; and they perfuade f themjehcs that the doing right to that refiftance will ( be Jo far from promoting popular licence or confufion-, ' that it ivill have a contrary effeft> and be a means of 'fettling men's winds in the love of, and veneration for ' the laws - t to refcue and fecure which, was the c ONLY aim and intention of thofe concerned in re- 'Jijlance.' lion. To feciirfe the laws, the only aim of the Revolu- tion. Dr. Sacheverel's counfel defended him on this principle, namely that whilft he enforced from the pulpit the general doctrine of non-refiftance, he was not obliged to take notice of the theoretic limits which ought to modify that doctrine. Sir Jofeph Jekyl, in his reply, whilft he controverts its application to the Doctor's defence, fully admits and even enforces the principle itfelf, and fupports the Revolution of 1 68 8, as he and all the managers had done before, exactly upon the fame grounds on which Mr. Burke has built, in his Reflections on the French Revolution. SIR JOSEPH JEKYL. c If the Doctor had pretended to have ftated the particular bounds and limits of non-refiftance, and told the people in what cafes they might, or might not refift, be would have been much to blame ; nor was one word faid in the articles, or by the managers, as if that was expected from him: but, on the contrary > we have infifted, that in NO * tare i afe can refinance b? lawful, but in cafe of extreme neceffity, and where the conftitution cannot ether- neceflity. f wife be preferred; and fuch neceffity ought to be c plain and obvious to the fenfe and judgment of ( the whole nation > and this was the cafe at the Re- ' volution.' The counfel for Doctor Sacheverel, in defend- ing their client, were driven in reality to abandon the fundamental principles of his doctrine, and to confefs, that an exception to the general doctrine of paffive obedience and non-refiftance did exift in the cafe of the Revolution. This the ma- nagers for the Commons confidered as having gained their caufe ; as their having obtained the whole of what they contended for. They con- gratulated themfelves and the nation on a civil victory, as glorious and as honourable as any that had obtained in arms during that reign of tri- umphs. Sir Jofeph Jekyl, in his reply to Harcourt, and the other great men who conducted the cauie for the Tory fide, fpoke in the following memorable terms, diftinctly Hating the whole of what the Whig Houfe of Commons contended for, in the name of all their constituents : * SIR JOSEPH JEKYJ. c My lords, the concefiions [the conceffions of Ne Sacheverel's counfel] are thde: That, neceffity ^""^JJ creates an exception to the general rule of /ubmif- and the/ fion to the prince j that fuch exception is under- f JJ'JJI ^ on ftood or implied in the laws that require fudi necrjr, iubmiffionj and that the cafe of the Revolution ^e?' wa: a cafe of ncceflity. th demand ^^ , TM r F 2 * Thefe ( 68 ) 1 Thefe arc conccfllons Jo ample, and do fo fully anfwer the drift of the Commons in this article, and are to the utmoft extent of their meaning in it, that I can't forbear congratulating them upon this fuccefs of their impeachment ; that in full parliament, this erroneous doctrine of unlimited non-refiftance is given up, and difclaimed. And may it not, in after ages, be an addition to the glories of this bright reign, that fo many of thofe who are honoured with being in her majefty's fervice have been at your lordlhips bar, thus fuc- cefsfully contending for the national rights of her people, and proving they are not precarious or remedilefs ? * But to return to thefe conceflions j I muft ap- peal to your lordlhips, whether they are not a total departure from the Doctor's anfwer.' I now proceed to fhew that the Whig managers for the Commons meant to preferve the government on a firm foundation, by aflerting the perpetual vali- dity of the fettlement then made, and its coercive power upon pofterity. I mean to fhew that they gave no fort of countenance to any doctrine tending , to imprefs the people, taken feparately from the legif- lature which includes the crown, with an idea that they had acquired a moral or civil competence to alter (without breach of the original compact on the part of the king) the fuccefiion to the crown, at their pleafure; much lefs that they had acquired any right, in the cafe of fuch an event as caufed the Revolution, to fet up any new form of govern- ment. The author of the Reflections, I believe, thought that no man of common understanding could oppofe to this doctrine, the ordinary fove- reign power* a"s declared in the act of queen Anne. That is j that the kings or queens of the realm, with with the confent of parliament, are competent to regulate and to fettle the fuccefiion of the crown. This power is and ever was inherent in the fupreme fovereignty ; and was not, as the political divines vainly talk, acquired by the revolution. It is de- clared in the old ftatute of Queen Elizabeth. Such a power muft refide in the complete fovereignty of every kingdom $ and it is in fact exercifed in all of them. But this right of competence in the legiflature, not in the people, is by the legiflature itfelf to be exer- cifed \v\t\\found difcretion ; that is Ito fay, it is to be exercifed or not, in conformity to the fundamental principles of this government ; to the rules of moral obligation ; and to the faith of pacts, either con- tained in the nature of the tranfaction, or entered into by the body corporate of the kingdom j which body, in juridical construction, never dies; and in fact never loies its members at once by death. Whether this cfoctnne is reconcileable to the modern philofophy of government, J believe the author neither knows nor cares ; as he has little refpect for any of that fort of philofophy. This may be becaufe his capacity and knowledge do not reach to it. If fuch be the cafe, he cannot be blamed, if he acts on the fenfe of that incapacity ; he cannot be blamed, if in the moil arduous and critical queftions which can poflibly arife, and which affect to the quick the vital parts of our conftitu- tion, he takes the fide which leans moft to fafety and fettlement $ that he is refolved not " to be wife " beyond what is v-ritten" in the legiflative recor4 and practice j that when doubts arife on them, he endeavours to interpret one ftatute by another j and to reconcile them all to eftablifhed recognized morals, and to the general antient known policy of the laws of England. Two things are equally Evident, the firft j$, that the legiflature polMes the F 3 power ( 70 ) power of regulating the fucceflion of the crown; the fecond, that in the exercife of that right it has uniformly acted as if under the reftraints which the author has ftated. That author makes what the antients call mos majorum, not indeed his fole, but certainly his principal rule cf policy, to guide his judgment in whatever regards our laws. Unifor- mity and ?.:;:ilogy can b>" pjcfeived in them by this procefs only. That point bang fixed, and laying fafl. Iv-'.l of a flrong bottom, our fpecula- tions may fwir.gin all directions, without public de- triment; becaufe they will ride with fure anchorage. In this manner thefe things have been always confidered by our anceftors. There are fome in- deed who have the art cf turning the very acts of parliament which were made for fecuring the here- ditary fucceffbn in the prefent royal family by ren- dering it penal to doubt of the validity of thofe acts of parliament, into an inftrument for defeating all their ends and purpofes : but upon grounds fo very foolifH, that it is not worth while to take further notice of fuch fophiftry. To prevent any unneceflaiy fubdivifion, I ihall here put together what may be neceflary to fhew the perfect agreement of the Whigs with Mr. Burke, in his affertions, that the Revolution made no " eflential change in the conftitution of the mo- " narchy, or in any of its ancient, found, and " legal principles; that the fucceflion was fettled .rddr cf the royal martyr, jo iujJly detefledby the ' It is plain that the Doctor is not impeached c for preaching a. general doctrine, and enforcing * L,e general duty of obedience, but for preaching * againft an excepted cafe, after he has flat ed the ex- f cepfion. He is not impeached for preaching the * genera] doctrine of obedience, and the utter ille- f gality of refiftance upon any pretence whatfoever ; c but becaufe, having firft laid down the general ' doctrine as true, without any exception, he flatss ' the excepted cafe, the Revolution, in exprefs terms, ' as an objection ; and then afTuming the confide- ' ration of that excepted cafe, denies there was any c refiftance in the Revolud: n ; and afferts, that to ' impute refiftance to the Revolution, would caft ' black and odious colours upon it. This is not * preaching the doctrine of non-re fiftance, in the ' general terms ufed by the homilies, and the fa- * thers of the church where cafes of neceflity may ' be underftcod to be excepted by a tacit implication, as ' the counjel have allowed-, but is preaching directly ' againft the refiftance at the Revolution, which, in * the courfe of this debate, has been all along ad- c mitted to be neceffary and juft, and can have ' no other meaning than to bring a dishonour * upon the Revolution, and an odium upon thofe. ( great and illuftrious perfons, thofe friends to the f monarchy and the church, that ajjifled in bringing it ( about. For had the Doclor intended any thing elfe, * he would have treated the cafe of the Revolution ' in a different manner, and have given it the true ( and fair anfii-er j he would have faid, that the re- < fiftance ( 7J ) fiftance at the Revolution was cf abjolute neceffity, Revolution , , , , r i a on abfolutc ' and the only means left to revive the conjtitution j nec eiruy. ' and muft therefore be taken as an executed cafe, * and could never come within the reach and inten- * tion of the general doctrine of the church. ' Your lord (hips take notice on what grounds the c Doftor continues to affert the fame pofition in his 4 anfwer. But is it not moft evident, that the ge-. * neral exhortations to be met with in the homilies ' of the church of England, and fuch like decla- c rations in the ftatutes of the kingdom, are meant * only as rules for the civil obedience of the fubjeft 4 to the legal adminiftration of the fupreme power in 4 ordinary cafes ? And it is equally abfurd, to con- * ftrue any words in a pofitive law to authorize the * deftruftion of the whole, as to expect that king, 4 lords, and commons fhould, in exprefs terms of 4 law, declare fuch an ultimate refort as the right of 4 refinance t at a time when the cafe fuppofes that the f force of all law is ceajed *. ( The Commons muft always refent, with the ut- Commons 4 moil deteftation and abhorrence, every pofition aveMhlSj * that may fhake the authority of that aft of par- thefubmif- 4 liament, whereby the crown is fettled upon her SritjftotM 4 majefty, and whereby the lords fpiritual and temporal fettiement 4 and commons do, in the name of. all the people of Eng- crolin. 4 land, moft humbly and faithfully Jubmit them/elves, f their heirs and pofteritiss, to her majejiy, which this 4 general principle of abfolute non-refiftance muft f certainly fhake. c For, if the refiftance at the Revolution was ille- e gal, the Revolution fettled in ufurpation, and this 4 aft can have no greater force and authority than f an aft pafied under an ufurper. 4 And the Commons take leave to obierve, that 4 the authority of the parliamentary fettiement is a * See Reflexions, p. 42, 43. ' matter ( 76 ) matter of the greateft confequence to maintain,, in a cafe where the hereditary right to the crown is contefted. ' It appears by the feveral inftances mentioned in the act declaring the rights and liberties of the fubject, and fettling the fuccefilon of the crown, that at the time of the Revolution there was A total ' fubverfion of the conftitution of government both in church and ft ale, which is a cafe that the laws cf England could ne^jerfuppoje^ provide for, or have in view.* Sir Jofeph Jekyl, fo often quoted, confidered the prefervation of the monarchy, and of the rights and prerogatives of the crown, as eiTential objects with all found Whigs ; and that they were bound, not on- ly to maintain them when injured or invaded, but to exert themfelves as much for their re-eftabliftiment, ifthey fhould happen to be overthrown by popular fu- ry, as any of their own more immediate and popu- lar rights and privileges, if the latter fhould be at any time fubverted by the crown. For this reafon he puts the cafes of the Revolution and the Reftora- Kion y exactly upon the fame footing. He plainly marks, that it was the object cf all honeft men, not to facrifice one part of the conftitution to an- other; and much more, not to facrifice any of them to vifionary theories of the rights of man ; but to preferve our whole inheritance in the conftitution, in all its members and all its relations, entire, and unimpaired, from generation to generation. In this Mr. Burke exactly agrees with him. SIR JOSEPH JEKYL. iat 3 re * Nothing is plainer than that the people have ri S ht it did " not " not compofe a body of hereditary legiflators. It: Eat t ftraWy we eat ft raw.' " God help that country, " thought I, be it England or elfe where, whole li- " berties are to be protected by German principles " of government, and princes of Brunfivick ! " " It is fomewhat curious to obferve, that although of nature are not of our making. But out: of phyfical caufes, unknown to us, perhaps un- knowable, arife moral duties, which, as we are ab>e perfectly to comprehend, we are bound indif- penfably to perform. ChikLen are not confenting to their relation, but their relation, without their actual confent, binds them to its duties; or rather it implies their confent, becaufe the prefumed confent of every rational creature is in unifon with the predif- po fed order of things. Men come in that manner into a community with the focial ftate of their pa- rents, endowed with all the benefits, loaded with all the duties of their fituation. If the focial ties and ligaments, ipun out of tliofe phyfical relations which are the elements of the commonwealth, in moft cafes begin, and .always continue, independently of our will, fo does that relation called our country, which comprehends (as it has been well faid) " * all the charities of all," bind us to it without any fti- pulation on our part. Nor are we left without powerful inftincts to make this duty as dear and grateful to us, as it is awful and coercive. Our country is not a thing of mere phyfical locality. It confifts, in a great meature, in the antient order into which we are born. We may have the fame geographical fituation, but another country ; as we may have the fame country in another foil. The place that determines our duty to our country is a focial, civil relation. Thefe are the opinions of the author whofe caufe I defend. I lay them down not to enforce them upon others by difputation, but as an account of his proceedings. On them he acts ; and from them he is convinced that neither he, nor any man, * Omnes omnium charitates patria una comple&itur. Cic. or or number of men, have a right (except what ne~ cefiity, which is out of and above all rule, rather impofes than beftows) to free themfelves from, that primary engagement into which every man born into a community as much contracts by his being born into it, as he contracts an obligation to certain parents by his having been derived from their bodies. The place of every man determines his duty. If you afk, Quern te Deus effejiiffit? You will be anfwered when you refolve this other quef- tion, Humana qua parte locatus es in re* ? I admit, indeed, that in morals, as in all things elfe, difficulties will fometimes occur. Duties will fometimes crofs one another. Then queftions will arife, which of them is to be placed in fubordina- tion ; which of them may be entirely luperfeded ? Thefe doubts give rife to that part of moral fci- ence called cafuiftry, which, though necefTary to be well ftudied by thofe who would become expert in that learning, who aim at becoming what, I think Cicero fomewhere calls, artifices officiorum -, it re- quires a very folid and difcriminating judgment, great modefty and caution, and much fobriety of mind in the handling ; elfe there is a danger that it may totally fubvert thofe offices which it is its object only to methodize and reconcile. Duties, at their extreme bounds, are drawn very fine, fo as to become almoft evanefcent. In that ftate, fome fhade of doubt will always reft on thefe queftions, when they are purfued with great fubtilty. But the * A few lines in Perfius contain a good fummary of all the objeds of moral inveftigation, and hint the refult of our en- quiry : There human will has no place. QuidfuMus ? et quidnam iiiduri gignimur ? ordo Quis datus? et metre qui moilis rlexu e et uncle ? Quis modus argento ? Quidy/n of tare ? Quid afpcr Utile nummus habet ? Patn occa- fion can pofllbly occur which may juftify their re- fumption of it ? This queftion, in this latitude, is very hard to affirm or deny : but I am fatisfied that no occafion can juftify fuch a refumption, which wculd not equally authorize a difpenfation with any other moral duty, perhaps with all of them together. However, if in general it be not eafy to determine concerning the lawfulnefs of fuch devious proceedings, which muft be ever on the edge of crimes, it is far from difficult to forefee the perilous confequences of the refufcita- tion of fuch a power in the people. The practical confequences of any political tenet go a great way in deciding upon its value. Political problems do not primarily concern truth or falfehood. They relate to good or evil. What in the refult is likely to produce evil, is politically falfe : that which is productive of good, politically is true. Believing it therefore a queftion at leaft ar- duous in the theory, and in the practice very critical, it would well become us to afcertain, as well as we can, what form it is that our incantations are about to call up from darknefs and the fleep of ages. When the fupreme authority of the people is in queftion, before we attempt to extend or to confine it, we ought to fix in our minds, with fome degree of of diftinftnefs, an idea of what it is we mean when we fay the PEOPLE. In a (late of rude nature there is no fuch thing as a people. A number of men in themfelves have no colle6tive capacity. The idea of a people is the idea of a corporation. It is wholly artificial ; and made like all other legal fictions by common agreement. What the particular nature of that agreement was, is collected from the form into which the particular fociety has been caft. Any other is not their covenant. When men, there- fore, break up the original compact or agreement which gives its corporate form and capacity to a ftate, they are no longer a people; they have no longer a corporate exiftence ; they have no longer a legal coactive force to bind within, nor a claim to be recognized abroad. They are a number of vague loofe individuals, and nothing more. With them all is to begin again. Alas ! they little know how many a weary flep is to be taken before they can form themfelves into a mafs, which has a true politic perfonality. We hear much from men, who have not ac- quired their hardinefs of aflertion from the profun- dity of their thinking, about the omnipotence of a majority, in fuch a diflblution of an ancient fociety as hath taken place in France. But amongft men fo difbanded, there can be no fuch thing as majority or minority; or power in anyone perfon to bind another. The power of acting by a majority, which the gentle- men theorifts feem to afTume fo readily, after they have violated the contract out of which it has arifen, (if at all it exifted) muft be grounded on two aflump- tions; firft, that of an incorporation produced by unanimity; and fecondly, an unanimous agreement, that the a<5t of a mere majority (fay of one) ihall pafs with them and with others as the acl: of the whole. H 4 We We are fo little affected by things which are habi- tual, that we confider this idea of the decifion of a ma- jority as if it were a law of our original nature : But fuch conftruclive whole, refiding in a part only, is one of th.e mofl violent fictions of pofitive law, that ever has been or can be made on the principles of artifi- cial incorporation. Out of civil fociety nature knows nothing of it ; nor are men, even when arranged ac- cording to civil order, otherwife than by very long training, brought at all to fubmit to it. The rrind is brought far more eafily to acquiefce in the pro- ceedings of one man, or a few, who act under a general procuration for the ftate, than in the vote of a victorious majority in councils in which every man has "his fhare in the deliberation. For there the beaten party are exafperated and four- ed by the previous contention, and mortified by the conclufive defeat. This mode of decifion, where wills may be fo nearly equal, where, ac- cording to cjrcumftances, the fmaller number may be the {banger force, and where apparent reafon may be ail upon one fide, and on the other little elfe than impetuous appetite ; all this muft be the refult of a very particular and ipecial convention, confirmed afterwards by long habits of obedience, by a fort of difcipline in fociety, and by a ftrong hand, vefted with ftationary permanent power, to enforce this fort of conftruclive general will. What oigan it is that fliall declare the corporate mind is fo much a matter of pofitive arrangen ent, that feveral dates, for the validity of feveral of their acts, have required a pro- portion of voices much greater than that of a mere majority. 1 hefe proportions are fo entirely governed by convention, that in ibme cafts the minority decides. The laws in many countries to condemn require more than a mere majority ; lefs than an equal number to acquit. In our judicial trials we require unani- mity either to condemn or to abfolve. In fome in- corporations ( 105 ) corporations one man fpeaks for the whole ; in others, a few. Until the other day, in the confti- tution of Poland, unanimity was required to give validity to any a6t of their great national council or diet. This approaches much more nearly to rude nature than the inftitutions of any other country. Such, indeed, every commonwealth muft be, with- out a pofitive law to recognize in a certain number the will of the entire body. If men diflblve their antient incorporation, in or- der to regenerate their community, in that ftate of things each man has a right, if he pleafes, to re- main an individual. Any number of individuals, who can agree upon it, have an undoubted right to form themfclves into a ftate apart and wholly inde- pendent. If any of thefe is forced into the fellow- fhip of another, this is conqueft and not compacl:. On every principle, which fuppofes fociety to be in virtue of a free covenant, this compulfiye incorpo- ration muft be null and void. As a people can have no right to a corporate ca- pacity without univerfal confent, fo neither have they a right to hold exclufivelv any lands in the name and title of a corporation On the fcheme of the pre- fent rulers in our neighbouring country, regenerated as they are, they have no more right to the ter- ritory called France than T have. I have a right to pitch my tent in any unoccupied place I can find for it ; and I may apply to my own maintenance any part of their unoccupied foil. I may purchafe the houfe or vineyard of any individual proprietor who refufes his confent (and moft proprietors have, as far as they dared, refulcd ir) to the new incorpo- ration. I ftand in his independent place. Who are thefe infolent men calling themfelves the French nation, that would monopolize this fair domain of nature ? Is it becaufe they fpeak a certain jargon ? Is it their mode of chattering, to me unintelli- gible, gible, that forms their title to my land? Who are they who claim by prefcription and defcent from certain gangs of banditti called Franks, and Burgundians, and Vifigoths, of whom I may have never heard, and ninety-nine out of an hundred of themfelves certainly never have heard; whilft at the very time they tell me, that prefcription and long poffeffion form no title to property ? Who are they that prefume to aflert that the land which I purchafed of tke individual, a natural perfon, and not a fiction of flate, belongs to them, who in the very capacity in which they make their claim can exift only as an imaginary being, and in virtue of the very prefcription which they reject and difown r This mode of arguing might be pufhed into all the detail, fo as to leave no fort of doubt, that on their principles, and on the fort of footing on which they have thought proper to place themfelves, the crowd of men on the other fide of the channel, who have the impudence to call themfelves a people, can never be the lawful exclufive pof- fefTors of the foil. By what they call reafoning without prejudice, they leave not one ftone upon another in the fabric of human fociety. They fub- vert all the authority which they hold, as well as all that which they have deftroyed. As in the abftract, it is perfectly clear, that, out of a ftate of civil fociety, majority and minority are re- lations which can have no exiftence ; and that in civil fociety, its own fpecific conventions in each incor- poration, determine what it is that conftitutes the people, fo as to make their act the fignification of the general will , to come to particulars, it is equally clear, that neither in France nor in England has the ori- ginal, or any fubfequent compact of the ftate, ex- prefTed or implied, conftituted a majority of men, told by the bead, to be the acting people of their feveral communities. And I fee as little of policy or uti- * 5 %> Jity, as there is of right, in laying down a principle that a majority of men told by the head are to be confidered as the people, and that as fuch their will is to be law. What policy can there be found in arrangements made in defiance of every political principle ? To enable men to act with the weight and character of a people, and to anfwer the ends for which they are incorporated into that capacity, we mult fuppofe them (by means immediate or confe- quential) to be in that Hate of habitual focial difci- pline, in which the wifer, the more expert, and the more opulent, conduct, and by conducting enlighten and protect the weaker, the lefs knowing, and the lefs provided with the goods of fortune. When the mul- titude are not under this difcipline, they can fcarcely be faid to be in civil fociety. Give once a certain conftitution of things, which produces a variety of conditions and circumftances in a ftate, and there is in nature and reafon a principle which, for their own (benefit, poftpones, not the intereft but the judgment, of thofe who are niimeroplures,to thofe who are wr- Jufe et honore majores. Numbers in a ftate (fuppofing, which is not the cafe in France, that a ftate does exift) are always of confideration but they are not the whole confideration. It is in things more ferious than a play, that it may be truly faid,/^//V eft equitem mibi plaitdere. A true natural ariftocracy is not a feparate intereft in the ftate, or feparable from it. It is an effential integrant part of any large people rightly confti- tuted. It is formed out of a clafs of legitimate preemptions, which, taken as generalities, muft be admitted for actual truths. To be bred in a place of eftimation ; To fee nothing low and fordid from one's infancy ; To be taught to refpect one's felf; To be habituated to the cenforial infpection of the public eye ; To look early to public opinion ; To ftand upon fuch elevated ground ground as to be enabled to take a large view of the wide-fpread and infinitely diverfified combinations of men and affairs in a large fociety ; To have lei- fure to read, to reflect, to convert ; To be enabled to draw the court and attention of the wife and learned wherever they are to be found ; To be ha- bituated in armies to command and to obey ; To be taught to defpife danger in the purfuit of honour and duty ; To be formed to the greateft degree of vigilance, forefight, and circum- fpection, in a ftate of thing, in which no fault is committed with impunity, -md the flighted mif- takes draw on the moft ruinous confequences To be led to a guarded and regulated conduct, from a fenfe that you are confidered as an inftri^ctor of your fellow-citizens in their higheft concerns, and that you aft as a reconciler between God and man To be employed as an administrator f law and juftice, and to be thereby amongft the firft benefac- tors to mankind To be a profeffor of high fcience, or of liberal and ingenuous art To be amongft rich traders, who from their fuccefs are prefumed to have iharp and vigorous understandings, and to p f- iefs the virtues of diligence, order, conftancy, and regularity, and to have cultivated an habitual regard to commutative juftice Thefe are the circum- ftances of men, that form what I fhould call a na- tural ariftocracy, without which there is no rution. The ftate of civil fociety, which neceflarily ge- nerates this ariftocracy, is a ftate of nature j and much more truly fo than a favage and incoherent mode of life. For man is by nature reafonable; and he is never perfectly in his natural ftate, but when he is placed where reafon may be beft cultivated, and moft predominates. Art is man's nature. We are as much, at leaft, in a ftate of nature in formed manhood, as in immature and helplefs infancy. Men qualified in the manner I have juft defcribed, form in nature, nat',:re as fhe operates in the common modification of fock'ty,the leading, guiding, and governing part. It is the foul to the body, without which the man does not exift. To give therefore no more impoi tance, in the focial order, to fuch defer iptions of men, than that of fo many units, is an horrible ufurpation. When great multitudes aft together, under that difcipline of nature, I recognize the PEOPLE. I acknowledge fomething that perhaps equals, and ought always to guide, the fovercignty of conven- tion. In all things the voice of this grand chorus of national harmony ought to have a mighty and decifive influence. But when you diiturb this har- mony j when you break up this beautiful order, this array of truth and nature, as well as of habit and prejudice ; when you feparate the common fort of men from their proper chieftains fo as to form them into an adverfe army, I no longer know that venerable objeft called the people in fuch a dif- banded race of deferters and vagabonds. For a while they may be terrible indeed ; but in fuch a manner as wild beads are terrible. The mind owes to them no fort of fubmiffion. They are, as they have always been reputed, rebels. They may law- fully be fought with, and brought under, whenever an advantage offers. Thofe who attempt by outrage and violence to deprive men of any advantage which they hold under the laws, and to deilroy the natural order of life, proclaim war againft them. We have read in hiftory of that furious infurrec- tion of the common people in France called the Jacquerie ; for this is not the firft time that the people have been enlightened into treafon, murder, and rapine. Its objeft was to extirpate the gentry. The Capial de Buche, a famous foldier of thofe days, dishonoured the name of a gentleman and of a man by taking, for their cruelties, a cruel vengeance on thefe deluded wretches : It was, however, his right j and and his duty to make war upon them, and after- wards, in moderation, to bring them to punifhment for their rebellion ; though in the fenfe of the French revolution, and of fome of our clubs, they were the people $ and were truly fo, if you will call by that appellation arty majority of men told by the head. At a time not very remote from the fame pe- riod (for thefe humours never have affected one of the nations without fome influence on the other) happened feveral rifings of the lower commons in England. Thefe infurgents were certainly the ma- jority of the inhabitants of the counties in which they refided; and Gade, Ket, and Straw, at the head of their national guards, and fomented by certain traitors of high rank, did no more than exert, accord- ing to the doctrines of ours and the Parifian focieties, the fovereign power inherent in the majority. We call the time of thofe events a dark age. Indeed we are too indulgent to our own profici- ency. The Abbe John Ball underftood the rights of man as well as the Abbe Gregoire. That reverend patriarch of fedition, and prototype of our modern preachers, was of opinion with the national affem- bly, that all the evils which have fallen upon men had been caufed by an ignorance of their " having been born and continued equal as to their rights." Had the populace been able to repeat that profound maxim all would have gone perfectly well with them. No tyranny, no vexation, no oppreffion, no {are, no forrow, could have exifted in the world. This would have cured them like a charm for the tooth-ach. But the loweft wretches, in their moft ignorant ftate, were able at all times to talk fuch fluff; and yet at all times have they fuffered many evils and many oppreflions, both before and fmce the republication by the national affembly of this Ipell of healing potency and virtue. The enlighten- ed Dr. Ball, when he wilhed to rekindle the lights and ( III ) and fires of his audience on this point, chofe for 1 the text the following couplet : When Adam delved and Eve fpan, Who was then the gentleman ? Of this fapient maxim, however, I do not give him for the inventor. It feems to have been handed down by tradition, and had certainly become pro- verbial; but whether then compofed, or only ap- plied, thus much muft be admitted, that in learning,, fenfe, energy, and comprehenfivenefs, it is fully equal to all the modern diflertations on the equality of mankind -, and it has one advantage over them, that it is in rhyme *. There is no doubt, but that this great teacher of the rights of man decorated his difcourfe on this valuable text, with lemmas, theorems, fcholia, corollaries, * It is no fmall lofs to the world, that the whole of this en- lightened and philofophic fermon, preached to t^.vo hundred thoufand national guards affembled at Blackheath (a number probably equal to the fublime and majeftic Federation of the I4th of July 1790, in the Champs de Mars J -is not preferved. A fhort abftrad is, however, to be found in Walfingham. I have added it here for the edification of the modern Whigs, who may pof- libly except this precious little fragment from their general contempt of antient learning. Ut fua doftrina plures inficeret ad le Blackheth (ubi ducenta millia hominum communium fuere iimul congregata) hujufce- modi fermonem eft exorfus. Whan Adam dalfe, and Eve fpan, who was than a gentleman ? Continuanfque fermonem inceptum nitebatur per verba pro- verbii quod pro themate fumpferat, introducere & probare, ab initio omnes pares creates a natura, fervitutem per injuftam oppreffionem nequam hominum imroduclam contra Dei volun- tatem, quia fi Deo placuiflet lervos creafle, utique in principio mundi conftituiflet, quis fervus, quifve dominus futurus fuiffeu Confiderarent igitur jam tempus a Deo datum eis, in quo (depofito fervitutis jugo diutius) poflent fi vellent, libertate diu concupita gaudere. Quapropter monuit ut eflent viri cordati, & amore boni patrisfamilias excolentis agrum fuum & extirpantis ac refecantis uoxia gramina qu that they who applaud profperous folly, and adore triumphant guilt, have never been known to fuc- cour or even to pity human weaknefs or offence when they become fubject to human viciffitude, and meet with puniihment inftead of obtaining power. Abating for their want of fenfibility to the fufferings of their affbciates, they are not fo much in the wrong: for madnefs and wickednefs are things foul and deformed in themfelves ; and (land in need of all the coverings and trappings of fortune to recommend them to the multitude. Nothing can be more loathfome in their naked nature. Aberrations like thefe, whether antient or mo- dern, unluccefsful or proiperous, are things of pa- fage. They furnifh no argument for fuppofmg a multitude told by the head to be the -people. Such a multitude can have no fort of title to alter the feat of power in the fociety, in which it ever ought to be the obedient, and not the ruling or pre rid- ing part. What power may belong to the whole mafs, in which mafs, the natural ariftccracy y or what by convention is appointed to reprefent and ftrengthen it, acts in its proper place, with its proper weight, and without being fubjected to violence, is a deeper queftion. But in that cafe, and with that concurrence, I Ihould have much doubt whether any rafh or defperate changes in the ftate, fuch as we have feen in France, could ever be effected. I have faid, that in all political queftions the confequences of any afTumed rights are of great moment in deciding upon their validity. In this point of view let us a little fcrutinize the effects of a right in the mere majority of the inhabitants of any I 2 country country of fuperfeding and altering their government at pleq/ure. The fum total of every people is compofed of its units. Every individual muft have a right to ori- ginate what afterwards is to become the aft of the majority. Whatever he may lawfully originate, he may lawfully endeavour to accomplifh. He has a right therefore in his own particular to break the ties and engagement which bind him to the country in which he lives ; and he has a right to make as many converts to his opinions, and to obtain as many affociates in his defigns, as he can pro- cure : For how can you know the difpofitions of the majority to deftroy their government, but by tampering with fome part of the body ? You muft begin by a fecret conipiracy, that you may end with a national confederation. The mere pleafure of the beginner muft be the fole guide ; fmce the mere pleafure of others muft be the fole ultimate fan&ion, as well as the fole actuating prin- ciple In every part of the progrefs. Thus arbi- trary will (the laft corruption of ruling power) ftep by ftep, poifons the heart of every citizen. If the undertaker fails, he has the misfortune of a rebel, but not the guilt. By fuch doctrines, all love to our country, all pious veneration and at- tachment to its laws and cuftoms, are obliterated 'from our minds ; and nothing can refult from this opinion, when grown into a principle, and animated by difcontent, ambition, or enthufiafm, but a feries of confpiracies and feditions, fome- times ruinous to their authors, always noxious to the ftate. No fenfe of duty can prevent any man from being a leader or a follower in fuch en- terprizes. Nothing reftrains the tempter ; nothing guards the tempted. Nor is the new ftate, fabri- cated by fuch arts, fafer than the old. What can prevent the mere will of any perfon, who hopes to % unite ( "7 ) unite the wills of others to his own, from an attempt wholly to overturn it ? It wants nothing but a dif- pofition to trouble the eftablifhed order, to give a tide to the enterprise. When you combine this principle of the right to change a fixed and tolerable conflitution of things at pleafure, with the theory and practice of the French affembly, the political, civil, and moral ir- regularity are if pofiible aggravated. The aflembly have found another road, and a far more commo- dious, to the deftruction of an old government, and the legitimate formation of a new one, than through the previous will of the majority of what they call the people. Get, fay they, the poflefiion of power by any means you can into your hands 3 and then a fubfequent confent (what they call an addrefs of ad- hefion) makes your authority as much the act of the people as if they had conferred upon you origi- nally that kind and degree of power, which, without their permiffion, you had feized upon. This is to give a direct fanction to fraud, hypo- crify, perjury, and the breach of the moft facred trufts that can exift between man and man. What can found with fuch horrid difcordance in the mo- ral ear, as this pofition, That a delegate with limited powers may break his fworn engagements to his conftituent, affume an authority, never committed to him, to alter all things at his pleafure; and then, if he can perfuade a large number of men to flatter him i the power he has ufurped, that he is abfolved in his own confcience, and ought to ftand acquitted in the eyes of mankind ? On this fcheme the maker of the experiment miift begin with a determined per- jury. That point is certain. He muft take his chance for the expiatory addrerTes. This is to make the fuccefs of villainy the itandard of innocence. Without drawing on, therefore, very fhocking CQnfequences a neither by previous confent, nor by I 3 fubfequent ( "8 ) iubfequent ratification of a mere reckoned majority y can any fet of men attempt to diffolve the ftate at their pleafure. To apply this to our prefent fub- ject. When the feveral orders, in their feveral bailliages, had met in the year 1789, fuch of them, I mean, as had met peaceably and conftitutionally, to choofe and to inftruct their reprefentatives, fo organized, and fo acting, (becaufe they were or- ganized and were acting according to the conventions which made them a people) they were the people of France. They had a legal and a natural capacity to be confidered as that people. But obferve, whilft they were in this ftate, that is, whilft they were a people, in no one of their inftructions did they charge or even hint at any of thofe things, which have drawn upon the ufurping affembly, and their ad- herents, the deteftation of the rational and thinking part of mankind. I will venture to affirm, without the leaft apprehenfion of being contradicted by any perfon who knows the then ftate of France, that if any one of the changes were propofed, which form the fundamental parts of their revolution, and com- pofe its moft diftinguifhing acts, it would not have had one vote in twenty thoufand in any order. Their inftructions purported the direct contrary to all thofe famous proceedings, which are defended a$ the acts of the people. Had fuch proceedings been expected, the great probability is, that the peo- ple would then have rifen, as to a man, to prevent them. The whole organization of the aflembly was altered, the whole frame of the kingdom was changed, before thefe things could be done. It is long to tell, by what evil arts of the confpirators, and by what extreme weaknefs and want of fteadinefs in the lawful government, this equal ufurpation on the rights of the prince and people, having firft cheated, and then offered violence to both, has been able to triumph, and to employ with fuccefs the forged fignature ( "9 ) fignature of an imprifoncd fovereign, and the fpu- rious voice of dictated addrefles, to a fubfequcnt ratification of things that had never received any previous fanction, general or particular, exprefled or implied, from the nation (in whatever fenfe that word is taken) or from any part of it. After the weighty and refpectable part of the peo* pie had been murdered, or driven by the menaces of murder from their houfes, or were difperfed in exile into every country in Europe; after the foldiery had been debauched from their officers ; after pro- perty had loft its weight and consideration, along with its fecurity ; after voluntary clubs and aflbcia- tions of factious and unprincipled men were fubftitu- ted in the place of all the legal corporations of the kingdom arbitrarily diflblved; after freedom had been banifhed from * thofe popular meetings, whofc fole recommendation is freedom After it had come to that pafs, that no diflent dared to appear in any of them, but at the certain price of life ; after even diflent had been anticipated, and afTarfina- tion became as quick as fufpicion ; fuch pretended ratification by addrefies could be no aft of what any lover of the people would choofe to call by their name. It is that voice which every fuccefsful ufur- pation, as well as this before us, may eafily pro- cure, even without making (as thefe tyrants have made) donatives from the fpoil of one part of the citizens to corrupt the other. The pretended rights of man, which have made this havock, cannot be the rights of the people. For to be a people, and to have thefe rights, are things incompatible. The one fuppofes the pre- lence, the other the abfence of a ftate of civil fo- ciety. The very foundation of the French com- monwealth is falfe and felf-deftruftive ; nor can its * The primary aflemblics. I 4 principles principles be adopted in any country, without the certainty of bringing it to the very fame condition in which France is found. Attempts are made to introduce them into every nation in Europe. This nation, as pofieffing the greateft influence, they wifh moft to corrupt, as by that means they are allured the contagion muft become general. I hope, there- fore, I fhall be excufed, if I endeavour to ihew, as fhortly as the matter will admit, the danger of giving to them, either avowedly or tacitly, the fmalleft countenance. There are times and circumftances, in which not to fpeak out is at leaft to connive. Many think it enough for them, that the principles propagated by thefe clubs and focieties enemies to their country and its conftitution, are not owned by the modern Whigs in parliament, who are fo warm in condemnation of Mr. Burke and his book, and of courfe of all the principles of the ancient constitutional Whigs of this kingdom. Certainly they are not owned. But are they condemned with the fame zeal as Mr. Burke and his book are con- demned ? Are they condemned at all? Are they rejected or difcountenanced in any way whatfbever ? Is any man who would fairly examine into the de- meanour and principles of thole focieties, and that too very moderately, and in the way rather of ad- monition than of punifhment, is fuch a man even decently treated ? Is he not reproached, as if, in condemning fuch principles, he had belied the con- duel of his whole life, fuggefting that his life had been governed by principles fimilar to thole which he now reprobates ? The French fyftem is in the mean time, by many active agents out of doors, rap- tu rou fly praiied -, The Britifh conftitution is coldly tolerated. But thefe conftitutions are different, both in the foundation and in the whole fuperftructure; and jt is plain, that you cannot build up the one but on the ruins ruins of the other. After all, if the French be a fupe- rior fyftem of liberty, why fhould we not adopt it ? To what end are ourpraifes ? Is excellence held out to us only that we fhould not copy after it ? And what is there in the manners of the people, or in the climate of France, which renders that fpecies of re- public fitted for them, and unfuitable to us ? A ftrong and marked difference between the two nations ought to be fhewn, before we can admit a conftant affected panegyrick, a Handing annual commemo- ration, to be without any tendency to an example. But the leaders of party will not go the length of the doctrines taught by the feditious clubs. I am fure they do not mean to do fo. God forbid! Perhaps even thofe who are directly carrying on the work of this pernicious foreign faction, do not all of them intend to produce all the mifchiefs which muft inevitably follow from their having any fuccefs in their proceedings. As to leaders in par- ties, nothing is more common than to fee them blindly led. The world is governed by go-be- tweens. Thefe go-betweens influence the perfcns with whom they carry on the intercourfe, by (rating their own fenfe to each of them as the fenfe of the other ; and thus they reciprocally mafter both fides. It is firft buzzed about the cars of leaders, " that their friends without doors (f are very eager for fome meafure, or very warm " about fome opinion that you muft not be " too rigid with them. They are ufeful perfbns, and f zealous in the caufe. They may be a little wrong ; " but the fpirit of liberty muft not be damped ; and " by the influence you obtain from fome degree of Cf concurrence with them at prefent, you may be " enabled to fet them right hereafter." Thus the leaders are at firft drawn to a conni- vance with fentiments and proceeding?, often to- fally different from their ferious and deliberate notions. notions. But their acquiefcence anfwers every purpofe. With no better than luch powers, the go-be- tweens aflume a new reprefentative character. What at beft was but an acquiefcence, is magnified into an authority, and thence into a defire on the part of the leaders ; and it is carried down as fuch to the fubordinate members of parties. By this artifice they in their turn are led into meafures which at firft, perhaps, few of them wifhed at all, or at leaft did not defire vehemently or fyftematically. There is in all parties, between the principal lead- ers in parliament, and the loweft followers out of doors, a middle fort of men ; a fort of equeftrian order, who, by the fpirit of that middle fituation, are the fitteft for preventing things from running to excefs. But indecifion, though a vice of a totally different character, is the natural accomplice of vi- olence. The irrefolution and timidity of thofe who compofe this middle order, often prevents the effect of their controlling iituaticn. The fear of differing with the authority of leaders on the one hand, and of contradicting the defires of the multitude on the other, induces them to give a careleis and pafiive af- fent to meafures in which they never were confultcd : and thus things proceed, by a fort of activity of inertnefs, until whole bodies, leaders, middle men, and followers, are all hurried, with every appear- ance, and with many of the effefts, of unanimity, into fchemes of politics, in the fubftance of which no two of them were ever fully agreed, and the origin and authors of which, in this circular mode of communication, none of them find it poffible to trace. In my experience I have feen much of this in affairs, which, though trifling in compa- rifon to the prefent, were yet of fome importance to parties j and I have known them fuffer by it. The fober part give their fandion, at firft through 3 inattention ( "3 ) inattention and levity ; at laft they give it through neceflity. A violent fpirit is raifed, which the pre- Tiding minds, after a time, find it impracticable to flop at their pleafure, to control, to regulate, or even to direct. This Ihews, in my opinion, how very quick and awakened all men ought to be, who are looked up to by the public, and who deferve that confi- dence, to prevent a furprife on their opinions, when dogmas are fpread, and projects purfued, by which the foundations of fociety may be affected. Before they liften even to moderate alterations in the govern- ment of their country, they ought to take care that principles are not propagated for that purpofe, which are too big for their object. Doctrines limit- ed in their prelent application, and wide in their general principles, are never meant to be confined to what they at firft pretend. If I were to form a prognoftic of the effect of the prefent machinations on the people, from their fenfe of any grievance they fuffer under this conftitution, my mind would be at cafe. But there is a wide difference between the multitude, when they act againft their government from a fenfe of grievance, or from zeal for fbme opinions. When men are thoroughly poflefled with that zeal, it is difficult to calculate its force. It is certain, that its power is by no means in exact proportion to its reafonablenefs. It muft always have been difcoverable by perfons of reflection, but it is now obvious to the world, that a theory con- cerning government may become as much a caufe of fanaticifm as a dogma in religion. There is a boundary to men's pafiions when they act from feeling i none when they are under the influence of imagination. Remove a grievance, and, when men act from feeling, you go a great way towards uieting a commotion. But the good or bad con- of a government, the protection men have en- joyed, joyed, or the oppreffion they have fuffered under it, are of no fort of moment, when a faction proceeding upon Ipeculative grounds, is thoroughly heated againft its form. When a man is, from fyftem, furious againft monarchy or epifcopacy, the good conduct of the monarch or the bifhop has no other effect than further to irritate the adverlary. He is provoked at it as furnifhing a plea for preferving the thing which he wiflies to deftroy. His mind will be healed as much by the fight of a fceptre, a mace, or a verge, as if he had been daily bruifed and wounded by thefe fymbols of authority. Mere fpectacles, mere names, will become fufficient caufes to ftimulate the people to war and tumult. Some gentlemen are not terrified by the facility with which government has been overturned in France. The people of France, they fay, had no- thing to lofe in the deftruction of a bad confthu- tion; but though not the bed poflible, we have ftill a good flake in ours, which will hinder us from defperate rifques. Is this any fecurity at all againft thofe who feem to perfuade themfelves, and who labour to perfuade others, that our conftitution is an ufurpation in its origin, unwife in its contrivance, mifchievous in its effects, contrary to the rights of man, and in all its parts a perfect nuifance? What motive has any rational man, who thinks in that manner, to Ipill his blood, or even to riique a fhilling of his fortune, or to wafte a moment of his leifure, to preferve it ? If he has any duty relative to it, his duty is to deftroy it. A conftitution on fufferance is a ccnftitution condemned. Sentence is already pafled upon it. The execution is only delayed. On the principles of thefe gentlemen it neither has, nor ought to have, any fecurity. So far as regards them, it is left naked, without friends, partizans, afler- tors, or protectors. Let ( IlJ ) Let us examine into the value of this fecurity upon the principles of thofe who are more fober ; of thofe who think, indeed, the French conftitution better, or at lead as good, as the Britiih, without going to all the lengths of the warmer politicians in reprobating their own. Their fecurity amounts in reality to nothing more than this 5 that the dif- ference between their republican fyftem and the Britiih limited monarchy is not worth a civil war. This opinion, I admit, will prevent people not very enterprifing in their nature, from an active un- dertaking againft the Britiih conftitution. But it is the pooreft defenfive principle that ever was in- fufed into the mind of man againft the attempts of thofe who will enterprife. It will tend totally to remove from their minds that very terror of a civil war which is held out as our fole fecurity. They who think fo well of the French conftitution, cer- tainly will not be the perfons to carry on a war to prevent their obtaining a great benefit, or at worft a fair exchange. They will not go to battle in favour of a caufe in which their defeat might be more advantageous to the public than their viclory. They muft at leaft tacitly abet thofe who endeavour to make converts to a found opinion; they muft dif- countenance thofe who would oppofe its propaga- tion. In proportion as by thefe means the enter- prifing party is ftrengthened, the dread of a ftruggle is leffened. See what an encouragement this is to the enemies of the conftitution ! A few aflaffina- tions, and a very great deftrudtion of property, we know they confider as no real obftacles in the way of a grand political change. And they will hope, that here, if antimonarchical opinions gain ground, as they have done in France, they may, as in France, accomplifh a revolution without a war. They who think fo well of the French conftitu- tion cannot be ferioufly alarmed by any progrefs made made by its partizans. Provifions for fecurity arc not to be received from thofe who think that there is no danger. No ! there is no plan of fecurity to be liftened to but from thofe who entertain the fame fears with ourfelves ; from thofe who think that the thing to be fecured is a great blefiing; and the thing againft which we would fecure it a great mifchief. Every perfon of a different opinion muft be carelefs about fecurity. I believe the author of the Reflections, whe- ther he fears the defigns of that fet of people with reafon or not, cannot prevail on himfelf to defpife them. He cannot defpife them for their numbers, which, though fmall, compared with the found part of the community, are not inconfidera- ble : he cannot look with contempt on their influ- ence, their activity, or the kind of talents and tem- pers which they poflefs, exactly calculated for the work they have in hand, and the minds they chiefly apply to. Do we not fee their moft considerable and accredited minifters, and feveral of their party of weight and importance, active in fpreading mif- chievous opinions, in giving fanction to feditious writings, in promoting feditious anniverfaries ? and what part of their defcription has difowned them or their proceedings ? When men, circumftanced as thefe are, publickly declare fuch admiration of a foreign conftitution, and fuch contempt of our own, it would be, in the author of the Reflections, think- ing as he does of the French conftitution, infamou fly to cheat the reft of the nation to their ruin, to fay there is no danger. In eftimating danger, we are obliged to take into our calculation the character and difpofition of the enemy into whofe hands we may chance to fall. The genius of this faction is eafily difcerned by obferving with what a very different eye they have viewed the late foreign revolutions. Two have paffed be- fore. ( 1*7 ) fore them. That of France and that of Poland. The Hate of Poland was fuch, that there could fcarcely exift two opinions, but that a reformation of its conftitution, even at fome expence of blood, might be feen without much difapprobation. No confu- fion could be feared in fuch an enterprize ; becaufe the eftablilhment to be reformed was itfelf a ftate of confufion. A king without authority; nobles without union or fubordination ; a people without arts, induf- try, commerce, or liberty ; no order within ; no defence without ; no effective publick force, but a foreign force, which entered a naked country at will, and difpofed of every thing at pleafure. Here was a ftate of things which feemed to invite and might perhaps juftify bold enterprize and defperate experi- ment. But in what manner was this chaos brought into order ? The means were as finking to the imagination, as fatisfactcry to the reafon, and footh- ing to the moral fentiments. In contemplating that change, humanity has every thing to rejoice and to glory in ; nothing to be alhamed of, nothing to liiffer. So far as it has gone, it probably is the moil pure and defecated public good which ever has been conferred on mankind. We have feen anarchy and fervitude at once removed ; a throne ftrengthened for the protection of the people, with- out trenching on their liberties; all foreign cabal baniihed, by changing the crown from elective to hereditary; and what was a matter of pleafing wonder, we have leen a reigning king, from an heroic love to his country, exerting himfelf with all the toil, the dexterity, the management, the intrigue, in favour of a family of ftrangers, with which ambitious men labour for the aggrandifement of their own. Ten millions of men in a way of being freed gradually, and therefore fafely to themfelves and the ftate, not from civil or political chains, which, bad as they are, only fetter the mind, but from fubftantial per- fonal fonal bondage. Inhabitants of cities, before without privileges, placed in the confideration which belongs to that improved and connecting fituation of fo- cial life. One of the moft proud, numerous, and fierce bodies of nobility and gentry ever known in the world, arranged only in the foremoft rank of free and generous citizens. Not one man incurred lofs, or fuffered degradation. All, from the king to the day-labourer, were improved in their condi- tion. Every thing was kept in its place and order ; but in that place and order every thing was bet- tered. To add to this happy wonder (this unheard- of conjunction of wifdom and fortune) not one drop of blood was fpilled j no treachery ; no out- rage j no fyftem of (lander more cruel than the fword; no ftudied infults on religion, morals, or manners} nofpoil; no confifcation j no citizen beg- gared j noneimprifoned; none exiled: the whole was effected with a policy, a difcretion, an unanimity and fecrecy, fuch as have never been before known on any occafion; but fuch wonderful conduct was re- ferved for this glorious confpiracy in favour of the true and genuine rights and interefts of men. Happy people, if they know to proceed as they have begun ! Happy prince, worthy to begin with fplendor, or to ciofe with glory, a race of patriots and of kings: and to leave A name, which every wind to heav'n would bear, Which men to fpeak, and angels joy to hear. To finifti all this great good, as in the inftant it is, contains in it the feeds of all further improvement -, and may be confidered as in a regular progrefs, be- caufe founded on fimilar principles, towards the ftable excellence of a Britifh conftitution. Here was a matter for congratulation and for feftive remembrance through ages. Here moralifts and divines might indeed relax in their temperance to exhilarate their humanity. But mark the cha- rafter ( 1*9 ) rafter of our faftion. All their enthufiafm is kept for the French revolution. They cannot pretend that France had flood fb much in need of a change as Po- land. They cannot pretend that Poland has not ob- tained a better fyflem of liberty or of government than it enjoyed before. They cannot aflert, that the Polilh revolution coft more dearly than that of France to the interefts and feelings of multitudes of men. But the cold and fubordinate light in which they look upon the one, and the pains they tal^e to preach up the other of thefe revolutions, leave us no choice in fixing on their motives. Both revolutions profefs liberty as their objeft j but in obtaining this bjeft the one proceeds from anarchy to order: the other from order to anarchy. The firft fecures its li- berty by eftablifhing its throne -, the other builds its freedom on the fubverfion of its monarchy. In the one their means are unftained by crimes, and their fettlement favours morality. In the other, vice and confufion are in the very eflence of their purfuit and of their enjoyment. The circumftances in which thefe two events differ, muft caufe the dif- ference we make in their comparative eftimation, Thefe turn the fcale with the focieties in favour of France. Ferrum eft quod amant. The frauds, the violences, the facrileges, the havock and ruin of fa- milies, the difperfion and exile of the pride and flower of a great country, the diforder, the confu- fion, the anarchy, the violation of property, the cruel murders, the inhuman confifcations, and in the end the infolent domination of bloody, ferocious, and fenfelefs clubs. Thefe are the things which they love and admire. What men admire and love, they \ would furely aft. Let us fee what is done in France; and then let us undervalue any the flighteft danger of falling into the hands of fuch a mercilefs and favage faftion ! K But ' But the leaders of the factious focieties are too ' wild to fucceed in this their undertaking.' I hope fo. But fuppofing them wild and abfurd, is there no danger but from wife and reflecting men ? Per- haps the greateft mifchiefs that have happened in the world, have happened from perfons as wild as thofe we think the wildeft. In truth, they are the fitteft beginners of all great changes. Why en- courage men in a mifchievous proceeding, becaufe their abfurdity may difappoint their malice ? ( But ' noticing them may give them confequence.' Cer- tainly. But they are noticed ; and they are noticed, not with reproof, but with that kind of countenance which is given by an apparent concurrence (not a real one, I am convinced) of a great party, in the praifes of the object which they hold out to imitation. But I hear a language ftill more extraordinary, and indeed of fuch a nature as muft fuppofe, or leave, us at their mercy. It is this ( You know ' their promptitude in writing, and their diligence in ' caballing ; to write, Ipeak, or act againtt them, * will onlyftimulate them to new efforts/ This way of confidering the principle of their conduct pays but a poor compliment to thefe gentlemen. They pretend that their doctrines are infinitely beneficial to mankind j but it feems they would keep them to themfelves, if they were not greatly provoked. They are benevolent from fpite. Their oracles arc like thofe of Proteus (whom fome people think they refemble in many particulars) who never would give his refponfes unlefs you ufed him as ill as poflible. Thefe cats, it feems, would not give out their electrical light without having their backs well rubbed. But this is not to do them perfect: juftice. They are fufficiently communicative. Had they been quiet, the propriety of any agitation of to- pics on the origin and primary rights of government, in in oppofition to their private fentiments, might pof- fibly be doubted. But, as it is notorious, that they were proceeding as faft, and as far, as time and circumftan- tes would admit, both in their difcufiions and cabals -as it is not to be denied, that they had opened a cor- refpondence with a foreign faction, the moft wicked the world ever faw, and eftabliihed anniverfaries to commemorate the moft monftrous, cruel, and per- fidious of all the proceedings of that faction the queftion is, whether their conduct was to be re- garded in filence, left our interference fhould render them outrageous ? Then let them deal as they 1 pleafe with the conftitution. Let the lady be paf- five, leit the ravifher fhould be driven to force. Refiftance will only increafe his delires. Yes, truly, if the refiftance be feigned and feeble. But they who are wedded to the conftitution will not aft the part of wittols. They will drive fuch fe- ducers from the houfe on the firft appearance of their love-letters, and offered affignations. But if the author of the Reflections, though a vigilant, was not a difcreet guardian of the conftitution, let them who have the fame regard to it, fhew themfelves as vigilant and more fkilful in repelling the attacks of feduction or violence. Their freedom from jealoufy is equivocal, and may arife as well from indifference to the object, as from confidence in her virtue. On their principle, it is the refiftance, and not the afiault, which produces the danger. I admit, indeed, that if we eftimated the danger by the value of the writings, it would be little worthy of our attention : contemptible thefe writings are in every fenfe. But they are not the caufe; they are thedifgufting fymp- toms, of a frightful diftemper. They are not other- wife of confequence than as they fhew the evil habit of the bodies from whence they come. In that light the meaneft of them is a ferious thing. If however I fhould under-rate them ; and if the truth is, that K 2 they they are not the refult, but the caufe of the diforders I fpeak of, furely thofe who circulate operative poi- fons, and give, to whatever force they have by their nature, the further operation of their authority and ad -ption, are to be cenfured, watched, and, if pof- fible, reprefied. At what diftance the direct danger from fuch factions may be, it is not eafy to fix. An adapta- tion of circumftances to defigns and principles is ne- cefTary. But thefe cannot be wanting for any long time in the ordinary courfe of fublunary affairs. Great difcontents frequently arife in the beft-confti- tuted governments, from caufes which no human wifdom can forefee, and no human power ran pre- vent. They occur at uncertain periods, but at pe- riods which are not commonly far afuncler. Go- vernments of all kinds are adminiRered only by men ; and great miitakes, tending to inflame thefe difcontents, may concur. The indecifion of thofe who happen to rule at the critical time, their fupine neglect, or their precipitate and ill-judged attention, may aggravate the public misfortunes. In fuch a flate of things, the principles, now only fown, will fhoot out and vegetate in full luxuriance. In fuch circumftances the minds of the people become fore and ulcerated. They are put out of humour with all public men, and all public parties ; they are fatigued with their diffenfions ; they are irritated at their coali- tions j they are made eafily to believe, (what much pains are taken to make them believe) that all oppo- fitions are factious, and all courtiers bafe and fervile. From their difguft at men, they are foon led to quar- rel with their frame of government, which they prefume gives nourilhment to the vices, real or fuppofed, of thofe who adminifter in it. Mif- taking malignity for fagacity, they are foon led to caft off all hope from a good adrniniilration cf affairs, and come to think that all reformation depends, not on ( '33 ) on a change of actors, but upon an alteration in the machinery. Then will be feit the full effect of en- couraging doctiine;; which tend to make the citi- zens delpife caei, conltitution. Then will be felt the plenkuJe c,f the imlchicf of teaching the people to believe, that ail antient inftitutions are the relults of ignorance ; and that all prefcriptive government is in its nature ufurpation. Then will be felt, in all its energy, the danger of encouraging a fpirit of litigation in perfons >,f that immature and imper- fect ttate of kn wledgc which ferves to render them fufceptible of doubt out incapable of their folution. Then will be feit, in all its aggravation, the per- nicious confequence of deftroying all docility in the minds wf thofe who are not formed for rinding their own way in the labyrinths of political theory, and are made to reject the clue, and to difdain the guide, Then will be felt, and too late will be acknow- ledged, the ruin which follows the disjoining of re- ligion from the ftate ; the feparation of morality from policy ; and the giving confidence no concern and no coactive or coercive force in the moft mate- rial of all the focial ties, the principle of our obliga- tions to government. I know too, that befides this vain, contradic- tory, and feif-deftructive leclirity, which fome men derive from the habitual attachment of the peo- ple to this conftitution, whilft they fuffer it with a fort of fportive acquiefcence to be brought into contempt before their faces, they have other grounds for removing all apprehenfion from their minds. They are ofopinion, that there are too many men of great hereditary eftates and influence in the king- dom, to fuffer the eftablifhment of the levelling fyftem which has taken place in France. This is very true, if in order to guide the power, which now attends their property, thefe men poffefs the wifdom K 3 which ( 134 ) which is involved in early fear. But if through a fupine fecurity, to which fuch fortunes are peculiarly liable, they neglect the ufe of their influence in the feafon of their power, on the firft derangement of fociety, the nerves of their ftrength will be cut. Their eftates, inftead of being the means of their fe- curity, will become the very caufes of their danger. Inftead of beftowing influence they will excite ra- pacity. They will be looked to as a prey. Such will be the impotent condition of thofe men of great hereditary eftates, who indeed diflike the de- figns that are carried on, but whofe diflike is rather that of fpectators, than of parties that may be con- cerned in the cataftrophe of the piece. But riches do not in all cafes fecure even an inert and paffive re- fiftance. There are always, in that defer iption, men whofe fortunes, when their minds are once vitia- ted by paflion or by evil principle, are by no means a fecurity from their actually taking their part againft the public tranquillity. We fee to what low and defpicable pafiions of all kinds many- men in that clafs are ready to facrifice the patri- monial eftates, which might be perpetuated in, their families with fplendor, and with the fame of hereditary benefactors to mankind from generation to generation. Do we not fee how lightly people treat their fortunes when under the influence of the paflion of gaming ? The game of ambition or refentment will be played by many of the rich and great, as defperately, and with as much blindriefs to the confequences, as any other game. Was he a man of no rank or fortune, who firft fet on foot the diftuioances which have ruined France ? Paf- fion blinded him to the confequences, fo far as they concerned himfelf j and as to the confequences with regard to others, they were no part of his confi- deration - f nor ever will be with thofe who bear any refemblance ( '35 ) refemblance to that virtuous patriot and lover of the rights of man. There is alfo a time of infecurity, when in- terefb cf all forts become objects of fpeculation. Then it is, that their very attachment to wealth and importance will induce feveral perfons of opulence to lift themfelves, and even to take a lead with the party which they think moft likely to prevail, in order to obtain to themfelves confideration in fome new order or diibrder of things. They may be led to a6b in this manner, that they may fecure fome portion of their own property; and perhaps to be- come partakers of the fpoil of their own order. Thofe who fpeculate on change, always make a great number among people of rank and fortune, as well as amongft the low and the indigent. What fecurity againft all this ? All human fecu- rities are liable to uncertainty. But if any thing bids fair for the prevention of fo great a calamity, it muft confift in the ufe of the ordinary means of juft influence in fociety, whilft thofe means conti- nue unimpaired. The public judgment ought to re- ceive a proper direction. Ail weighty men may have their fhare in fo good a work. As yet, not- withftanding the ftrutting and lying independence of a braggart philofophy, nature maintains her rights, and great names have great prevalence. Two fuch men as Mr. Pitt and Mr. Fox, adding to their authority in a point in which they concur, even by their difunion in every thing elfe, might frown thefe wicked opinions out of the kingdom. But if the influence of either of them, or the influ- ence of men like them, fhould, againft their ferious intentions, be otherwife perverted, they may counte- nance opinions which (as I have faid before, and could wifh over and over again to prefs) they may in vain attempt to control. In their theory, thefe doflrines admit no limit, no qualification K 4 whatfoever. \ ( '36 ) whatfoever. No man can fay how far he will go, who joins with thofe who are avowedly going to the utmoft extremities. What fecurity is there for flopping fhort at all in thefe wild conceits ? Why, neither more nor lefs than this that the mo- ral fentiments of fome few amongft them do put fome check on their favage theories. But let us take care. The moral fentimcnts, fo nearly con-* neded with early prejudice as to be almoft one and the fame thing, will afluredly not live long under a difcipline, which has for^its bafis the deftruclion of all prejudices, and the making the mind proof againft all dread of confequences flowing from the pretended truths that are taught by their philofophy. In this ichool the moral fcntiments muft grow weaker and weaker every day. The more cautious of thefe teachers, in laying down their maxims, draw as much of the conclufion as fuits, not with their premifes, but with their policy. They truft the reft to the fagacity of their pupils. Others, and thefe are the moil vaunted for their fpirit, not only lay down the fame premifes, but boldly draw the conclusions to the deftrudtion of our whole conftitution in church and flate. But are thefe conciufions truly drawn ? Yes, mofl cer- tainly. Their principles are wild and wicked. But let juflice be done even to phrenfy and villainy. Thefe teachers are perfectly fyftematic. No man who aflumes their grounds can tolerate the Biitifh conftitution in chuich or ftate. Thefe teachers profefs to fcorn ail mediocrity ; to engage for per- fection; to proceed by the fimpleft and fhorteft course. They build their politics, not on conve- nience but on truth ; and they profels to condu6t men to certain happinefs by the afiertion of their undoubted rights. With them there, is no com- promife. All other governments are ufurpations, which juftify and even demand refiftance. Their ( '37 ) Their principles always go to the extreme. They who go with the principles of the ancient Whigs, \ which are thofe contained in Mr, Burke's book, never can go too far. They may indeed flop fhort of fome hazardous and ambiguous excellence, which they will be taught to poftpone to any reafonable degree of good they may actually polFefs. The opinions maintained in that book never can lead to an ex- treme, becaufe their foundation is laid in an op- pofition to extremes. The foundation of govern- ment is there laid, not in imaginary rights of men, (which at beft is a confufion of judicial with civil principles) but in political convenience, and in human nature j either as that nature is univerfal, or as it is modified by locakhabits and focial aptitudes. The foundation of government, (thofe who have read that book will recollect) is laid in a provifion for our wants, and in a conformity to our duties ; it is to purvey for the one; it is to enforce the other. Thefe doctrines do of themfelves gravitate to a mid- dle point, or to fome point near a middle. They fuppofe indeed a certain portion ofliberty to be eflfen- tial to all good government ; but they infer that this liberty is to be blended into the government; to harmonize with its forms and its rules; and to be made fubordinate to its end. Thofe who are not with that book are with its oppofite. For there is no medium befides the medium itfelf. That medium is not fuch, becaufe it is found there; but it is found there, becaufe it is conformable to truth and nature. In this we do not follow the author; but we and the author travel together upon the fame fafe and middle path. What has been laid of the Roman empire, is at lead as true of the Bricifli conftitution {c Offingen- " forum annorum fortuna, difciplinaque, compages h*c t( coaluit\ qu< conve/li fine convellenttum exitio non ." This Britifh conftitution has not been ftruck ( '3* ) ilruck out at an heat by a fet of prefumptuous men, like the aflembly of pettifoggers run mad in Paris. " 'Tis not the hafty produft of a day, ' But the well-ripen'd fruit of wife delay." It is the refult of the thoughts of many minds, in many ages. It is no fimple, no fuperficial thing, nor to be eftimated by fuperficial underftandings. An- ignorant man, who is not fool enough to meddle with his clock, is however fufficiently confident to think he can fafely take to pieces, and put together at his pleafure, a moral machine of another guife importance and complexity, compofed of far other wheels, and Tprings, and balances, and coun- teracting and co-operating powfrs. Men little think how immorally they act in rafhly med- dling with what they do not underftand. Their de- lufive good intention is no fort of excufe for their pre- fumption. They who truly mean well mud be fear- ful of acting ill. The Britifh conftitution may have its advantages pointed out to wile and reflecting minds ; but it is of too high an order of excellence to be adapted to thofe which are common. It takes in too many views, it makes too many combina- tions, to be fo much as comprehended by Ih allow and fuperficial underftandings. Profound thinkers will know it in its reafon and fpirit. The lefs enquiring will recognize it in their feelings and their experience. They will thank God they have a ftandard, which, in the moft effential point of this great concern, will put them on a par with the moft wife and knowing. If we do not take to our aid the foregone ftudies of men reputed intelligent and learned, we ihall be always beginners. But in effect, men muft learn fpmewhere ; and the new teachers mean no more than what they effect, that is, to deprive men of the benefit of the collected wifdom of mankind, and to make them blind difciples of their own particu- lar ( '39 ) lar prefumption. Talk to thefe deluded creatures, (all the difciples and moil of the mailers) who are taught to think themfelves fo newly fitted up and furnifhed, and you will find nothing in their houfes but the refufe of Knaves Acre ; nothing but the rotten iluff, worn out in the fervice of delufion and fedition in all ages, and which being newly furbifhed up, patched, and varniihed, ferves well enough for chofe who being unacquainted with the conflift which has always been main- tained between the fenfe and the qonfenfe of man- kind, know nothing of the former exiftence and: the antient refutation of the fame follies. It is near two thoufand years fmce it has been obferved, that thefe devices of ambition, avarice, and turbulence, were antiquated. They are, indeed, the mofl an- tient of all common places ; common places, fome- times of good and neceffary caufes ; more frequent- ly of the worft, but which decide upon neither. Eadem Jemper caufa, libido et avaritia t et mutan- darum rerum amor. Ceterum libertas et fyecioja no- mina pretexuntur -, nee qiiifquam alienum Jermtium^ et dominatiomm fibi conciiphit y ut non eadem ifta vocabula ufiirparet. Rational and experienced men, tolerably well know, and have always known, how to diftinguiih between true and falfe liberty ; and between the genuine adherence and the falfe pretence to what is true. But none, except thofe who are profoundly iludied, can comprehend the elaborate contrivance of a fa- bric fitted to unite private and public liberty with public force, with order, with peace, with juflice, and, above all, with the inftitutions formed for beilowing permanence and liability through ages, upon this invaluable whole. Place, for inilance, before your eyes, fuch a man as Montefquieu. Think of a genius not born in every country, or every time; a man gifted by nature with with a penetrating aquiline eye ; with a judgment prepared with the moft extenfive erudition ; with an herculean robuftnefs of mind, and nerves not to be broken with labour j a man who could fpend twenty year in one purfuit. Think of a man, like the univerfal patriarch in Milton (who had drawn up before him in his prophetic viiion the whole fmes of the generations which were to iffue from his loins) a man capable of placing in review, after having brought together, from the eaft, rhe weft, the north, and the fouth, from the coarfenefs of the rudeft bar- barifm to the moft refined and fu'otf -. civilization, all the fchemes of government which had ever prevailed amongft mankind, weighing, meafuring, collaring, and comparing them all, joining fact with theory, and calling into council, upon all this infinite aiicm- blage of things, all the fpeculations which have fa- tigued the underflandings of profound reafoners in all times ! Let us then confider, that all thefe were but fo many preparatory freps to qualify a man, and fuch a man, tinctured with no national preju- dice, with no domeftic affection, to admire, and to hold out to the admiration of mankind the conftitution of England ! And J(hall we Engiiihmen revoke to fuch a fuit ? Shall we, when fo much more than he has produced, remains flill to be under- ftood and admired, inftead of keeping ourfelves in the fchools of real fcience, choofe for our teachers men incapable of being taught, whofe only claim to know is, that they have never doubted ; from whom we can learn nothing but their own indocilityj who would teach us to fcorn what in the filence of cur hearts we ought to adore ? Different from them are all the great critics. They have taught us one effential rule. I think the excellent and philofophic artift, a true judge, as well as a perfect follower of nature, Sir Jofhua Reynolds has fomewhere applied it, or fomething like it, in his his own profeflioh. It is this, That if ever we fhoukl find ourfelves difpofed not to admire thofe writers or artifts, Livy and Virgil for inftance, Ra- phael or Michael Angelo, whom all the learned had admired, not to follow our osvn fancies, but to ftudy them until we know how and what we ought to ad- mire ; and if we cannot arrive at this combination ot admiration with knowledge, rather to believe that we are dull, than that the reit of the world has been im- pofed on. It is as good a rule, at lead, with regard to this admired conftitution. We ought to under- ftand it according to our meafure ; and to venerate where we are not able prefently to comprehend. Such admirers were our fathers to whom we owe this fplendid inheritance. Let us improve it with zeal, but with fear. Let us follow our anceftors,men not without a rational, though without an exclufive confidence in themfelves j who, by refpefting the reafon of others, who, by looking backward as well as forward, by the modefty as well as by the energy of their minds, went on, infenfibly drawing this conftitution nearer and nearer to its perfection by never departing from its fundamental principles, nor introducing any amendment which had not a fub- fifiing root in the laws, conftitution, and ufages of the kingdom. Let thofe who have the truft of political or of natural authority ever keep watch againft the defperate enterprizes of innovation : Let even their benevolence be fortified and armed. They have before their eyes the example of a mo- narch, infuked, degraded, confined, depofed ; his family difperfed, fcattered, imprifoned; his wife in- fulted to his face like the vileft of the fex, by the vileft of all populace j himfelf three times dragged by- thele wretches in an infamous triumph , his children torn from him, in violation of the firft right of nature, and given into the tuition of the moll defperate and impious of the leaders of defperate 9 and and impious clubs ; his revenues dilapidated and plundered ; his magiftrates murdered j his clergy profcribed, perfecuted, famifhed ; his nobility de- graded in their rank, undone in their fortunes, fu- gitives in their perfons ; his armies corrupted and ruined ; his whole people impoverifhed, difunitedj difiblved ; whilft through the bars of hL prifon, and amidft the bayonets of his keepers, he hears the tu- mult of two conflicting factions, equally wicked and abandoned, who agree in principles, in difpofitions^ and in objects, but who tear each other to pieces about the moft effectual means of obtaining their common end ; the one contending to preferve for a while his name and his perfon, the more eafily to deftroy the royal authority the other clamouring to cut off the name, the perfon, and the monarchy Together, by one facrilegious execution. All this accumulation of calamity, the greateft that ever fell upon one man, has fallen upon his head, be- caufe he had left his virtues unguarded by caution j becaufe he was not taught that where power is con- cerned, he who will confer benefits mud take fecu- rity againft ingratitude. I have ftated the calamities which have fallen upon a great prince and nation, becaufe they were not alarmed at the approach of danger, and be- caufe, what commonly happens to men furprifed, they loft all refource when they were caught in it. When I fpeak of danger, I certainly mean to ad- drefs myfelf to thofe who confider the prevalence of the new Whig doctrines as an evil. The Whigs of this day have before them, in this Appeal, their conftitutional anceftors : They have the doctors of the modern fchool. They will choofe for themfelves. The author of the ReBections has chofen for himfelf. If a new or- der is coming on, and all the political opinions mud pals away as dreams, which our anceftors x have ( 143 ) have worfhipped as revelations, I fay for him, that he would rather be the laft (as certainly he is the leaft) of that race of men, than the firft and great- eft of thofe who have coined to themfelves Whig \ principles from a French die, unknown, to the im J prefs of our fathers in the conftitution. FINIS. 9082 University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed.