The Sun.
London, England, 1810-05-29 00:00:00

quoted as authority in any outer instance. Far be r It will now be worth our attention briefly to con-
it. from tue-to endeavour to lessen the reapea_ due to sidei whether thee rigAi ' clainted by the House :of
't a thing so sacred as the just security of the dwelling CoMmons, be so repugnant to the received lass/ as
Site, • . • of a British subjea : but lam desirous that no man has been represented. It is well known - that- the'
!I aen irs to me, that those who have espoused should allow himself to be imposed on by words, or 'admirable statute of Habeas Corpus was purposely,
Gale Jones, and of Sir Francisßurdett,' believe that breaking open the door of Sic Francis framed to he, and actually is, an easy and certain re-
,,ii ?ea' :iir• dto support the Matter upon a •basis Burdett was an unwarrantable a&, merely because tnedy in all cases of- illegal imprisonment. Why
e saa,der and confined. ['hey merely contend, the late Meeting at the London Tavern, with the then did not Gale Jones, if he really believed that he
v,-;th satisfied confidence, that ‘imprisonment by a , genuine irisolence.of democratic hardihood, stigma- Was unlawfully committed, move for a writ of Ha-
-
vote of the House.ot Commons, is not san&ioned by tized•it asthe outrage ofa house-breaker. The men- beas Corpus to be issued on his part ? The Four
any stated law. Now Sir, 1 will readily allow, that , tion of this Meeting has brought to my mind an ob- Courts of Westminster Hall, or, if they were not
neither Magna Charts, nor the Bitl of Bights, nor . servation suggested by-perusing the derail of its pro- sitting, each of the twelve Judges in succession,
the Aef of Settlement, nor-any other law among the ceedings in the public prints. Mr. Whitbread seems were ready to receive his complaint and yield him
Pges scripts' or the leges non scriptce contains a to entertain a firm belief that he has really served all lawful.redress. Yet he did-not apply to them,
specific clause fot granting this discretional), power his country, or sincerely endeavoured to serve it.— J and why, I repeat did he not? Let the abettors of
to that branch oi, the • Legislature. ,B. it is flow then could a man of his. apparent good sense Gale Jones answer this question it they can. The
to be remembered, that these laws, however venera- dteam of seeking fur applause 'from such an assem- Judges would be fully justified, in _withholding the
ble for their antiquity, validity or wisdom, are built blage as this wasat the LondooTavera? He ought writ in this case, for they might safely regard the
upon, are amenable to, and derive all their real to have known that to render a 'solid benefit to his Lex et consuetudo Parliaments as the law of the land,
worth and efficacy floor,- that sovereign rule of `toentry could never procure him the applause of the and therefore no infringement of Magna Charta;
aaion, public, expediency; which if any law shall of the followers of Sir Francis Burdett,. In vain did which says that no freeman shall be imprisoned, des-
be found in any res Pea inconsistent with or made- ! Mr. Whitbread condescend to flatter Mr.... Widt- j troyed, or condemned, except par leal jugement de
grime to, it must not stand in the way of this sn- man ; Mr. Waithrean Clio.not condescend to flatter ses Pers, o par la lei de la terre, by the lawful judge.
. him. No; if Mr, Whitbread cannot be content Ment of his Peers, or by the law of the land. They
preme and universal obligation. Thus then, the
first question is not whether there be an express law with the approbation of his own conscience; but are also_ hOund to- consider that their, interference
recognizing the authority Of the Commons of this must teed upon the " mouth-honour" of a tavern , with the proceeding in Parliament would be a direa
kingdoth ..to judge and punish offences committed convention in London-or Westminster, let him in- i violation of the Bill of Rights.. In a country In
against their body, but whether it be expedient for cessantly talk' against bribery and corruption, rotten which a large part of the acknowledged law has, ac-
the public that they should possess that, right. i boroughs, and 'bet-gage-tenure, with the usual este- cording to Sir Matthew Hale, " obtained its force.by
In the investigation of this subject, I have.little -
,blished phrasesOf con.empt and gestures of indigna- immemorial usage or custom," ii.oannot be deemed
hope of candid attention from the leaders of the tion. Let him have in his ' mouth nothing but pu- a forced
.construaion to hold that a branch 'of the
-
.
rity and disinterestedness, and in his heart nothing
Westminster Eleaors or the Livery of London, those -supreme:legislative power, lower than the other two
men distinguished only by that turbulent and noisy but the most ambitious designs of personal exalta- departments 'Only in the individual rank 'of its
patriotism, which is ever loudest from the hollowest tion upon the ruin of the existing 'Government. Members, and not inferior to them (as Sir Fran-
heart and the emptiest head; who have but lately Let him declaim against party, and harangue, withs cis Burdett would ' have us believe) in weight
cease from their long continued-malignint attempts out ceasing, for RefOrm in the Representation, or efficacale should continue to'exercise the authoa
to degrade the King and his Family in the public under the
,pretext of zeal for the public welfare, rity which it has enjoyed for centuries from its ear-
estimation,.'but in reality for the purpose of Opening a dor into •
and have now begun to oppose andfirst institution, that of judging,and.puoishing those '
vilify another department of the Legislature, and to Parliament for all fa6tious demagogues pf his own . who would obsrrua its proceedings, or libel, abuse,
political creed. . Let him also loudly complain that
attack the Whole frame of the Constitution through : or-threaten its members. - But .however we may in-
theh
te country is reduced to a state of slaYery and bond- House of Commons. From such as these, I i.'terpret the meaning of this article of Magna Charm,
age, labile he himelf and all' his partizans are exer- ; -
turn to address myself to the understanding of un-it must not be allowed to operate against the Bill
'
biassed and moderate men, who set a proper value : cising the most daring'- licentiousness of sneech of Rights, which was promulgated not only long
on the House of Commons, and who are satisfied, and language.. Let him d eall this, and Mr. Whit- - after the granting of Magna Ch'trta, but after all the
-
that, notwithstanding the insertion of some excep- bread may be assured, that at all future similar tavern
varions confirmations of- the Great Charter. • The
• eetivocatitins, he will be, notcoldly ;ss on the late
tionable members, and themanysconfessed anomaliestine h -clause of the Bill of Rights declares exaaly as-
inoccasion, but rapturously and ottaliiiiiously applaud- •
the mode of representation*, yet, on the entire follows:—" fliefreedonz of speech, and debates or pro-
(the true measure of every thing human) it is, what ed and toasted by the appellation of-an infleXtble foe ceedings in Parliament, ought not to -be impeached or
it ought to be, a selection orthe abilities, knowledge tncorruption and abuse, a tried patriot,. or any oilier questioned in am, Court or. place out qf Put liament."
,
integrity, and property of the nation. Assuming title that may best please his ear. , This law is clear and luminous a's the light of ,Nee-
-Butnot in England alone, does the wisdom
then the- general worth of the House of Commons, i . Ven. .It is plain English in-the' words, and. plain
of praaical utility appear to be deemed unworthy of
it is obvious, that not only its dignity, but its exista English in the constrnaiion. NQ artifice can dis-
ence, depends.on its possessing sufficient : grateful remembrance. In, the course of the last '
means toguise its meaning. Its import needs oo subtlety to
of Parliament, Mr. Foster, the Chancellor defend itself from insult-and obstruction. The slow Session discover, no definition to explain ; arid 'the obvious .
of tse. Irish, Excliegeer, procured a ',parliamentary
;legitimate
and dubious process
,ef ;ndiament, would he anirrefragable inference to be drawn from
grant to encourage the saving Of flak-seed in Ire it preventive.. ' The ptonietitude -and' drci.:it is this, that if any men or -set of men,• in any •
aid, and a parliamentary appoint Mentoci survey its .
sion of a discretionary power vested in tile House Icourt or place out of Parliament, impeach or queso
,
itself, would alone answer thebogs ; and near the end of same
spurpo,e•. • Such is the Session, SiT ' lion the debates or proeeedings in Parliament, lie or
ex-unceasing and sometimes excessii o, t•3'alousy of their Francis Borden made a long speech on the subject , they do thereby violate the Bill of Rights.
e •
liberty in the British Pedple ; such also their readiness of reterm, in which he introduced innumerable
I am unwilling to conclude without making a few
to behave, that they aresnot so well governed as they proisions of - pretended aompassioe towards Ireland ' remarks on the quotation from Shakespeare, intro-
and of sad!), virtuous 'iodigna:ion against the British
ought to, he; and from- botlithese causes, such their .duced by Sir 'F. Burdett into'hisenswer to the Elec--
easiness to be mislead for the moment, h Government for neglecting her. The plans of Mr. .by-the olive-tors of 'Westminster, amid which, in the play of
Foster have 'been quietly left to make 'themselves presentations of fatuous wrongs and see=thes, t hat it - Richard 11.. is supposed to be spoken by John of
is.. highl : probable a British 'Jury would in this in- known by their beneficial etrects, which indeed one Gaunt, inimed.ately before his death, which-took
Of taein. has iasgun already to produce e wile the
stance soon forfeit its hitherto universal charaCter ofplace in the year 1309. It is as follows—.
impartial justice • and the, Pa the wordy d- ciamatioes of the Hon. Baronet have
rliament would often
find, in the adjudica,ion of its rights, a prejudiced been approvad at adm " This dear,ired by the.inconSiderate and . Dear for her reputation through the world,
the d ssatioled in this country. The tendency and Is now leas'dput,—
and inconsiderate triatral. A single example of this • -
Like to a tenement or pelting farm.
the design of Mr. Feste'r's endeavours'was to banefit.
kind might had to the most dangerous consequences.
E.nglarid, humid in with the triumphant sea, • Ireland in tis o most important points, . The teud-
Theprecedent would be quoted without en.l. . The• tv hose rocky shore beats back the envious serge
chance of impunity would embolden the artful and ti ecy, no matter whether the design or no!, Of Sir Illf .Of wat'ry Neptune, is bouniul with shame;
'
Francis Burdett's animadversiona was to in Ire-
With inky blots and rotten parchment bonds."
maticionS to menace and calumny, from which, the j
facility of transition to contemptuous defiance and
Sir F.
land, by couotenancing and . fomenting that un- In his eager desire to.find apt, and forcible tan-
resistance is. too
happy spirit of discontent which has long been a . guage to-express his sense of the exishng state of manifest
af-
dation. There is also under this head another con- to require. a further elucia
source of woe anti evil to a country so highly favour- fairs in England,"
Burdett
seems to have for-
sideration which Lcannot help Averting to. The ,
•
ed by nature, arid cannot in any one demonstrable gotten that those ' beautiful verses were applied
Jury in such cases would feel - itself less interested into her
t, instance be advantageous. . - . by their author to delineate a certain - period
, I will not let this opportunity pass of also no- of those ancient times,. which Sir ,Francis pro-
being impartial. .
6 , , meeting
withof -the Westaiinstar fesses so. , much to admire-, and that, if they ex-
conscienceticin s that, at the
ID aaions or indiaments at Common Law, the ' Elettors Mr Wardle dared matchless effro - Inbit a lust maure of former days, no rational En-
of the, jurors, and their regard for. them- ' ' ' • n just picture .
tery to ridicule the Government for liavingattem t- .glishman would wish-to exellange the present pow-
theselvesi go hand in hand; and ' they are aware that . -
: ed, as he termed it, to puzzle a British Jury. Did erful, happy;
.and. prosperous 'condition of his
greatest good they can do themselves is to dis-
' this "shameless, melt " man forget the decisions country- for a situation so wretched and degraded.
pence that perfea measure of justice, which they . - e' Y a '
of two British Juries against himself in the course of Shakespeare very exealy followed - history in his
-know not how soon they may require, to protea
thselve's or their friends in their property, their
last yell- -?or, did he forget - his own attempt to historical dramas, aid that he did not deviate froth
- .
personal ,or whatever is most valuable in the
puzzle a British Jury by his letter to Leta Ellenbo- • recorded trails in the above instance, will appear
safety
rough ?, But a few months since Mr. Wardle re- from the following description- of the same period
esteem of men. -On the other hand, where a pub- ' • •
tendecf,to beliese that a. British Jury was so deficient-L taken from Smollett, vol.. '4, p. 205.—" He, (Ri-
lic and powerful body, the House of Commons Y wisdom or integrity, as to be influenced by the 1 chard II.) plunged'into all manner of effeminate de-
is a party against a private person, 'his identity '.'s. .
Judge to form an. on ust determination concerning bauchery and profligate- profusion, and took the
of the„general good with individual: interest does his
with.
unjustifiable methods to raise money for the
. reputation and his purse ; yet: admirable, mo-t
ofhis
not appear to exist in the same degree. The con-
consistency he now presumes to, recommend that support
aion seems wore remote, and strikes with less.
the character ancialigility of the Commons of Great great subsidies granted by a corrupt Parliament, he •
fnoerce. In fact, the bias, though unconsciously, !
Britain and Ireland should be intrusted tosser un- extorted loans under the name of benevolence, •.he
ao-ould be apt to tun wholly -in favour of the De- ;
stable a tribunal. Reverting to our original subject,
.trumped up a charge of high treason against seven
fendant, whose cause . would seem to be the corn- '
it may not be irrelevant to remark that some have' ascounties for having sided with the Duke of Glou-
mon cause of the' people, who are ever inclined, as i •- .
'"'
tried to impugn the force of .the Attorney-General's c est er and the Lords of the Opposition, .so that the_ ,
remarked above, to be jealous of their superiors, •
opinion concerning the Speaker's warrant, by shew- inhabitants were obliged to redeeM their lives • amid
and little Oisposed to :admit of their encroachments .. ,• -
ine in wnat .respects that instrument does'not re- estates with exotbitant stims of money, by the '•
whether real or imaginary. But it may be urged
'''setnbteKing's
i . the warrant. But it is necessary to
.payment of which -they were utterly. impoverished.
that, in trials for Treason, in which the King,,.a pub-
t consider that the Attorney-General did not assert an Ile imposed new oaths upon the Sheriffs of counties,
tic personage possessed of greater power, and still ; • .. • - -
' entire similant between the trio a ers, be merel by which they bound themselves to obey him in-all
more distantly separated from the people, is the party y " ' y his -
soppoed that they were equally deli ►the arbitrary and illegal commands, &c."
,--The
interested and the prosecutor, the jury has adhered
to the same rule of justice as in ordinary cases. To public good ; and that single analogy, if just; is'suf- giddy and (ripest reign of this unfortunate Prince
this. I would answer that Treason Holt only involvesout.
ficient to bear him • • was at length terminated by his deposition, his crown
the safety. of the King, but, more obvicasly than ' Still
it may ,
De urged .
that the power- in question i being assumed by the Duke of Lancaster, under the
is .
itle of HenrylV, an usurpation which laid the foun--
liable to be abused by the House of Cornmoris.— ►1 . y . .
other crime, endangers the peace and security
any
This stale and trite argument forms yet a principal . dation of those dreadful civil wars , between the
-of all his subjeas, '
part of the substance, "it substance it might be Houss of York and Lancaster,-WhiCh for many
The power,Of the Speaker's Warrant to enforce part
of the leen], and absurd though 'libellous years polluted and devastated the Kingdom. Such
an entry into a house stands precisely on the seine
footing as its authority to commit at all. It would and mischievous pamphlet of Sir Francis 'Burdett, were the
_tunes under the blessed influence of Sir
and roaV be disproved b • heequally common though Francis Burdet\t's beloYed " Magna Charta and the
he impossible to show, in the cage of Sir Francis . ‘ .)
just observation, that ti, san-,e reasoning would re- Ancient Statures," and such the annual Parliaments'
Burdett for example, if the Serjeant at Arms could
e the abolition of all au-rit • exercised at dis- which
justifiably arrest him in the street, why Sir Francis's quir .'
• "- 3-he and the Reformers pretend to uphold as-
cretion, of the King's prerogative for example, and . made's for our imitation and obje?.sts of our praise !
entering his house Should cancel that authority,
-
What is there in shutting a door, and fastening a indeed of the power of . the Legislature, which, hid), as JA. MER. GRAVES.
est - a
well as. under the general d•• bolt, that necessarily,and naturally abrogates a right w.e prerogative, comes g Toucrhall, Ireland, May
8, 1810.
nation of a discretionary power Of aaing for the ,:'
that existed.before the'door was shut, or the bolt
public gc id. Sir Francis Burdett has laboured much -f• The flouse of Commons, besides that it'represenls a
-
fastened ? To this plain question it' will not be suf-
to mark the distinction between prerogative and pri- very considerable portion of population and property, may laq
ficient to answer, that.the law arms a man with fullesteemed the most efficient branch of the "Legislature. All
vilege, and seems to plume himself on his success.--- money-bills are wholly regulated by it in their form and
-power to take the person of his -debtor outside his
But (4 what real consequence is it to determine un- amount ; the other two departments exercising only a bare
threshold, but will not suffer him to make, even in
der which of these denominations the claim 'of the, description,ii e ti ve or !b
e authority affirmatives a and
theitt ,
ieveryilg otherextends law,
n o of
farther,`vila t eve
r .
the slightest construaive degree, a forcible entrance
H, use of Commons is to beclassed ? If the public • cept, perhaps, in such as might afflict his prerogative. The
ex-
for the same purpose into his house. This I repeat
good be best promoted byallowieg them somewhat King iTs
islup;:fme Mrtigietralte,
inbtiirt he is not supreme, Legisla-
can be no solution of the difficulty, for be it remema
of that thing called prerogative, can Sir Francis strew v ,wwhich
chs tli el
ee icloamt i vuelocnatadcoo
not
isp ions: tiered that the public regulations concerning debtoil toers.ted with no jsneriscliCtiOnis
any' reasou why it should be withheld ? It is at least seas.
are laws merely positive, charged with no inherent ,
• '
certain that they ouge po,ver sufficient —, ••••••••••mmommma ft...1...a.m. •
and naturhlobligation, owing all their force to the ht to have
to prutea their, priiilegeS, this is all they want, and
Legislature that enacted them, and applied by it to About 300 French prisoners, paft of DopoNt's
without this privilege is but an 'empty name. Ina
certain specific purposes, and therefore not to bearmy' and the seamen under the command of the
word, however long and however variously this a• renc i.l Admi •ral ' la ()UGLY, wt 1 o surrendered •
to t ile
See• Dr. Paley's
+
, * excellent description, and unanswerable matter may be discussed, it will be found even-.
&knee of the existing forM of representation, in the'7th Soaniaros, are arrived at Portsmouth, in the -6:nn,
tua re o ve
Ilv to s 1 itself •
into this sirni,
le question - •
chapter of the 6th book of Principles of Modein and Poli- ; a iCaldicot Castle, Fume, Three Sisters, and Aaun,
veal Thil'osophy. See also the Earl of Selkirk's Letter lo i whether the probable good would outweigh tile pro- transports—the latter transport, No. 44, Was falsely
ilajorCartwriglit On the subject of Parliamentary Reform. ' bable evil. ' .

;..) 1 LIE EDITOR OF 5 HE SUN.

: t