The Statesman.
London, England, 1821-10-29 00:00:00

~

Burtou Crescent, Oct.
Sin,—As by certain violent proceet
14th of August last at Cninberlived‘ga,
fellow-subjects were illegally put to dent
consequence of those
‘proceedings, Sir
has beer, as I conceive, illegally treated
being too infirm for attending you meet
you my mite towards a national subscl
damnifying Sir Robert, and consoling tl
HoNST and FneNcls, in whose cases J
one instance, brotight in a verdict of
and in the other, of even Wilful Murder
Respecting Sir llosewr Wt Lark, his
fold, pecuniary and political. So far !
cuniary nature, it is confined to his
far as its character is political, his
common injury of all Englishmen ; and,
ran doubt that it will by the nation be
English people are not yet so degradc
Ministers to insult then' by any tyraw
power, without a suitable expression of i
When I speak of a tyrannical stretch
not forget that Sir Robert Wilson w;
the Army, which Sir William .lonel
" is under a different commaad and silk
eat law" from the rest of the peop!e.• I
Wilson, while attending the funeral pi
late Queen, was acting, not as a member . ay,
but, as one of the people : whence it follows, that on
that occasion, he was not amenable to the military law,
but to the common and statute only.
I will not here inquire into the authority by which
the Ministers of the Crown are in the habit of as-
suming, at their pleasure and discretion, a, power of
dispensing with all the forms and checks of even that
military law which Parliament annually enacts; and
of inflicting punishment where there has been no trial.
At all events, a power of punishing, implies a prior
existence of crime. When, therefore, we t-ee an in-
fliction of punishment where there is no crime, we be-
hold naked despotism, and see it is high time that it
should be put down.
Now, Sir, the military law, as a rule of conduct to
the Army, bath, or it ought to have for its object, the
good of the nation and the conservation of the national
free polity ; for, otherwise, instead of a rule to be ob-
served, it would be a corruption to be get rid of :
Because the Legislature is necessarily limited in its
authority to the enacting of" such statute law only as
shall not have the nature of a /do de se, by violating
any fundamental principle of the Constitution."
Should we be told of prerogative, let as not be im-
posed on by an ambiguous word. According to John-
son, that word means "an exclusive or pseuliar privi-
lege ;" but, without knowing the foundation of a par-
ticular claim, we have here no satisfaction. The pre-
rogative we have to do with, is political prerogative,
and, therefore, fur an explanation we must resort to
the best writers on Government. Consulting Locke,
(B. 11. s. 166.) we find that he expressly says, " Pre-
rogative is nothing but the power of doing public
good without a rule." Conscious, however. that his
definition-was loCo 'abstraet to be clearly 'understood.
without ffittiteration, lie dilates upon the lupus in re-
spect, first, of the relation between the Kin; and the
Parliament, and secondly, of the relation between the
Parliament and the people.
In s. 163, he observes, "The old question will be
asked, in this matter of Prerogative.--fflo shall
Page when this power is made a right use of"' lie
then answers—" Between an Exeiutive Power in
" being, with such a Prerogative, and a Legislative
" that depends upon his will for their conveniency,
" there can be no judge on earth ; as there can be none
" between the Legislative and the People. Should
" either the Legislative or the Executive, where, they
" have got the power in their hands, design, or p
" about to enslave, or destroy them, the people have
" no other remedy in this, as in all other cases, where
" they have no judge on earth, but to appeal to 1
" Heaven. For the rulers, in such attempts, exercising
" a power the people never put into their hands, (who
" can never be supposed to consent that any body
" should rule over them fur their learn.,) dime rulers
"do that which they have not a right to do. And
" where the body of the people. or any single man, is
" deprived of their right, or is under the exercise qfai
" power without right, and have no appeal on earth,
" then they have a liberty to appeal to Heaven, when-
" ever they judge the cause of suffizient moment."
After some additional arguments, he thus con-
cludes :—" Let not any one thick, this lays a perpe-
" teal foundation for disorder ; for this operates not,
" till the inco»veniency is so great that the majority
"feel it, and find a necessity to have it amended. But
" this, the Executive Power. or wise Princes, never
" need come in danger of, and it is the thing of all
" others the most perilous." So far Mr. Locke ; but,
Sir, notwithstanding this obvious peril, the present
seem to seek occasions for " the exercise-ofs
power without right," as means of gradually estab-
lishing on the neck of Englishmen, a despotism as
odious and intolerable as that of Morocco.
Blackstone, in his Commentaries, (I. 252.) says,
" Prerogativeconsisting (as Mr. Locke bas well defined
" it,) in the discretionary power of acting for the pub-
" lic good, where the positive law is silent. if that dis-
" cretionary power be abused to the public detriment.,
" such prerogative is exerted in an ntmonstitutionah
" manner."
Suffice it then to remark. that there is no mystery it
the word pferogetice, and that when we contemplate
its nature and its use, we arrive at two. concln4ont :
First, that prerogative is limited to the doing of some
good, fur whicb the law has not made provision ; and,
secondly, that where law can prescribe a rule of action,
there is not any sphere for the establishment of a pros
Irogative ; as, in such cases, to prescribe, would be t•
usurp a legislative authority.
But, in a discretionary exercise of Prerogative,'
there west always be so much danger of evil, that'
such exertions of power ought as necessarily to be fel-
lowed by a solemn. formal Parliamentary investiga-
tion; as the loss of any vessel in the Navy, whether in
battle or otherwise. whether attrnaed with or without
Asa imputation of blame. is necessarily followed by I
Court-martial, for investigating the cause of the Ur-

cumstance.

~.

• Leg. Mo. of Stapp. Riots. 14.
t App. to Na. Is 181 Y, p. 3.

e. I.

sion ; He is galled to see the union of feci

exists between the higher classes and the torrerorders.
In drawing a parallel, however, between this subscrip
don, and the one fur the me;•itorions Life-guards, he
appears somewhat consoled to think, that the num-
ber of loyal subscribers, exceeded that of the
Radical. Ile affects too to feel pleasure, when
dwelling web the anonymous contributions, such as
a Yorkshirealin 1091. a friend 100!. and others
elnally ifieiontiderable. Now in reply to these, we
would just refer him to his own list of bribes to
the soldiers, and ask him how many pensioners of
Government appear in it; bow many bangers-on,
how many expectants, how many parsons, how many
of those who fatten on the taxes? We will then ask
him what is the amount of the individual subscriptions
of the would-be baskers in Ministerial favour; of
those who get themselves advertised as very loyal
men, and of those who are known to be receiving of
the public money thousands annually? Let him then
tell us how many sovereigns were divided for the
sake of effect into half a-guinea, seven shillings, and
half-a-crown. By that trick it was designed to make
believe thatthe middling and lower orders had counte-
nanced the conduct of those who had appeared particu-
larly exasperated against them ! It would be less
surprising, however, if the middling and lower orders
could contribute little or nothing to Sir RONICRT
sus! or to any one else. The difference in ability is
great between those who pay the taxes, and such as
are supported by them.

When men in exalted situations of life for im
proper purposes, presume upon that character to which
their wealth is supposed to entitle them in society, it must
proceed from motives sot the most creditable to their
understandings. They become despicable by lending
their name to a demoralizing junta, devoid of every
principle which forms good subjects of any Govern-
ment, and whose business is to drill informers, and
employ spies to stimulate the weak and the ignorant to
l
crime. This becomes a wanton corruption of public{
morals, by leading the unfortunate involuntarily into
error. The blackest acts of human nature has been
committed by such means, and by such direlietion of
principle men are taught to debase their nature.—
They learn the most corrupt maxims. Rewards tuake
them amends, and the expectation of blood-money
tempts tbem on. Those who wish to retain ill gotten
power, care little about the means to preserve it, how-
ever cruel or dishonest.
Let the man who will lend himself to such a cause,
be a Peer, a Prelate, or a private Gentleman, he con-
tributes to destroy the social intercourse between man,
and to dissolie the valuable enjoyments in private life.
The necessities of the times are pleaded in extenu-
ation, we may ask who caused those necessities? no
one can say it was the people ; that question is easily
solved. Swirl. said," the greatest te-- had rirtrie
always appermost in her discourse :" so is is with
the, parties alluded to. The most barefaced depre-
dators are the loudest ranters on morality. • The
employment of spies and informers is reprobated by
all sloe Statesmen and experienced Politicians, like
listeners, those who set tLein loose on society are sure

ItIll'•

Brussels papers to the 27th instant bring a erf.t
of a new Finnan, said to have been issued by re
Grand Signior, in which lie openly charges " Peri
dions Russia," with being the author of all the tree.
hies in Greece and Moldavia. To her money and het
secret intrigues he attributes all the Isaattsetiotv
which have taken place against his 'power,
calls upon his " faithful Mussclmanns to he
night on their guard and io arms, that their perfidies
enemy may not surprise them." He states
eyes have been opened by the demand of Russia
the Greeks should be made independent, and
presses himself ready " to support a war,
long or sanguinary it may be," rather than to
to the concessions required. If such a document
the present has really been issued by the Porte,
may expect that the next intelligence will
the opening of the cont. st. A letter from
tinople states, that massacres there continue,
another manner. Greeks front Moldavia, Walachia,
the villages round Constantinople, peaceal
against whom no reproach can be made. and is
labourers, are brought thither accused by the'
conspiracy, and dragged by executioners aweigh
the quarters of the'city.—Accounts from Vienna,
October 14th, announce that it had been learnt
then, that the Russian Ambassador has made •
nettnication to our Cabinet of the highest i
and which is supposed to be decisive. The
which Russia has received the Insurgent.
Prince Suzzo, formerly Hospodar of Moldavia,
stood to have displeased the Divan, especial!,
tria was far from acting with the same i[
Al article from Berlin says, that since the
Carlsbad, we heard no more of the plan of a
tion ; a little before that Congress, the King
stifled to the Diet at Frankfort, by his Minister,
Golz, that comforusable to the 13th article of
the German Confederation. a Constitution
given to Prussia; but we have not heard
Diet has pressed his Majesty to realise the
the tenor of the article excited. On the contrary. ir
known that the committee appointed to draw 51)
of the Constitotion,has suspended its labours.
great change Vas just taken place;
his Majesty
appointed a new Commission for the pittpale I Jelk
Iterating on the Constitution which it may be Ptyto introduce into Prussia.
By Spanish papers which have arrived to tbz 161
it appears that in Murcia, some arrests have Os
place, and that the Political Chief has 011441
Proclamation, in which he says he is perseadolliit
the painful measure is founded on very seders rolet::,
and hints that plans hostile to the constitution ore'
agitation. The Cortes are still engaged ia the st/
division of the Spanish territory. The deaths g
tit
celona seem to be, at last, on the decrease.
• :.
The Paris papers still assert that his Britsagc
.. the 6r
jetty was expected in Paris on the :stls of .1,1
and that be intended to alight at the hotel of
*tit
tisk Ambassador. This assertion. though ttsads
most confident manner, seems hardly row
with the official annoancensent in Wardell Co

..,1 .

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44
id,teonntin:onesmi:ch'icet; gel, „-:-.tii
TI-!1i: !..0-ATESNIAN:
_ ... .. .., ... ... .. .
'ttse tnu:rsre
.. ._. —.L.—.. _. _
. .—_ • 11l ‘4ll TO
''O THE if, however, according to a prevailing fashion o
boecsome
CHAT off, the)! RETINd AT THE
CITY OP LONDON 7wriroN, perverting good words to an ill meaning, we are to II
sheer de-
'Oß PROMOTING A SUBSCRIiOTION .T 9 INDEM- understand the word prerogative to signify think there are sufficie • Sti let 41
NIFY SIR ROBERT WILII4II, &Ir. i - ..s 'potions, then? would not the Midisters of such a system nt Laws, sufficient Lawyers eel s..
Law Officers t 3 stem the torrentof ' • a
_ ........-,e,_ • thin!: they had hronglit their army to the climax of per popu.ar meow,. lei
,
Curtest Crescent, Oct. 23. Int. fection for their purpose, when day saw it to oeii_sist4if went, and should such neglect their duties, •
st thrill" ..1
SIR,—As by certain violent proceedings on the privates, subject to the degrading brutality of having comes imperious upon their employers t s • ~1
14th of August last at Cninheilaudsgate, two of our the flesh torn from their bones by a Ithotted eat-o'-nine- them by others better calculated to • : o rei-„„..
L:
fellow-subjects were illegally put to death;- and as, in 011. s—regimental officers, having no income but' for -the a Rive an teiniejcst
The enormous saiaries and perittisit
consequence of those
‘proceedings,
.§ir Robert Wilton their pay, reduceable at any moment to beggary; and es seersti
has beer, as I conceive, illegally treated; I beg leave, their office
its Generals, whose commissions had cost them thou-- to . . .
as, No subsidiary, insulionlistate, wit -I
being too infirm for attending you meetimg, to inclose sands, liable, at the capric.• of some malignant wretch elected
,tribunals are known to the law or the critic. e.
You my mite towards a national subscription for In- in the dark, to be fleeced of his property, as well as lotion. If these do their duty and the 1.;;le,
demnifying Sir Robert, and consoling the families of cut off from the possibility of any longer gathering sources of just' hi ;W,
justice be not polluted, the 2 .;-op.'s sm., .
Hostels and FRANCIS, in whose rases Juries have, in the fruit of their studiesi their toils, and services?
be well-governed. They want nothing more • 1
one instance, brought in a verdict of Manslaughter ; What a picture of slavery have we here ! Could• lb.: •
and in the other, of even Wilful Murder. any earthly condition be more degrading, or more an want only those rights all otted by that l' ' -mishit.
Respecting Sir Roemer Wit-snit, his injury is two- object of poignant commisseration, than such an army lion which their enemies wantonly call the adosirok
fold, pecuniary and political. So far as it is of ape- as here imagined.—l have the honor to be, Sir, your of the world, at the moment they are end • '
eayounez
cuniary nature, it is confined to himself; but so obedient, JOHN CARTWRIGHT• to render its mast valuable privileges nn
gatose„
fee as its character is political, his injury is the
men ; and,heing so, who o'Ci OCK
PRICE OF STOCKS THIS DAY
SAS' ONE . . , nettrrection of I i9S, in lieland,th;*
common injury of all English•
can doubt that it will by the nation be felt ?—for the fig ank Stock India tk abominable gangs were seen parading t' ae streets ti t.
err
Cent. Red 76 R 1 Dattoßnnda —4 ''''s 694' P"' Dublin,
English people are not yet so degraded, as to suffer • per Cent. Con. 774114 South-Sea Stock privately armed. In London, they are • it
Ministers to insult them by any tyrannical stretch of et per Cert. 87 South Ss* Old inn. smaller parties, in twos, threes, and fours. 'f twy
power, without a suitable expression of public opinion. 6 per Cents. 05 13)( Ex S'ilv2d. 10001.45. Os. p• u• the t.,
• ------5001. os. 4s. M. pat. dispatched to e different at mg pubiie.houses• 1 ,to,
When I speak of a tyrannical stretch Of power, I do :1):rr ectt•nNtavY 1101 111
—Small ss. is. pm. and through the booksellers' by day. They seems
not forget that Sir Robert Wilson was a member of dm A. a 1911 India for ditto
the Army. which Sir William Jones has observed. iMp.iperCent. Con. tar Aect 77iii before they go in, and, if any thing happens, thee ese. .77
is under a different cumnasad and subject to a dip.- Irish b per Cent. Lott. Tuesets ltti. Iris. pare notes, and take care to be in the same lIIDr.
eat law" from the rest of the peop!e.• But Sir Robert HIGH WATER AT LON UUN-Bitintili TiNII.OItROW. Their repart is heard, and entered in the minntes st
Wilson, while attending the funeral procession of the Morning 15min. after 4.—Evening 33 min after 4.
their employers. They are encouraged—are
toil, I,s a.,
late Queen, was acting, not as a member of the Army, THIRTY THOUSAND POUNDS WILL BE DRAWN
but, as one of the people: whence it follows, that on TO-MORROW MORN INUt AT NINE O'CLOCK. contribute to the same cause: they are Nisi, even,i4,
that occasion, he was not amenable to the military law, _
_______
_IIIPP.MNIETMINI.WOMI10100•0•1.
but to the common and statute only. et) ar fotattginan, tect them. should they become act ive and efficient. Aye.,
I will not here inquire into the authority by which
" THR DOLTISH 'TAUBMAN" Is INCORPORATED MITI " THE then, With restraint, the game is in view, and must Sere
the Ministers of the Cr.•wn are in the hahit of as- STATRRHAN." down. Dexter*, bookstalls. and private firesides,ate ON
sumiog, at their pleasure and discretion, a, power of - - ._.—_ -- - - . - --••=ss••••••=s•=...'" fit:vied by these Tigers in human
dispensing with all the forms and cheeks of even that shape, the organ oftle
LONDON:
military law which Parliament annually enacts ; and Gang eulogizes their ma nceurres and abuses therie
MONDAY EVENING, OCIODER 29, 1921. time of their monstrosities.
of inflicting punishment where there has been no trial.
--ease-.
At all events, a power of punishing, implies a prior The pestion has become, how is this harbaron
STOCK EXCIL•tYGE, TWELVE O'CLOCK.
ay ten of misrule to be got rid of ? If the ministers of
existence of crime. When, therefore, we see an in-
There was snitch
fiction of punishment where there is no crime, we be- bustle in the Market this morn-
the crown allow it to become a part of their own me•
hold naked despotism, and see it is high time that it ing, at the commencement of the business, and Con-
sures, it is only by public exposition, that the relith
should be put down. , sole were dune at the opening of the Market at various .
Now, Sir, the military law. as a rule of conduct to prices, 77# for Money ;
.771 for the Account ; Mit is to he sonelst and in the of e i
ii , honesty FAO sh duties
the Army, bath, or it ought to ',eve for its object, the
for the Account ; at the latter of which prices they an II;•
good of the nation and the conservation of the nationalh prover, or one who came before a Court in a pre
free polity ; for, otherwise, instead of a rule to be ob- remain. There were a number of buyers, with tunc .
tsonahle shape, is not entitled to credit, miles
served, it would be a corruption to be gut rid of : business transacting.
Because the Legislature is necessarily limited in its __.---.....—. his evidences is corroborated, in circumstance at
authority to the enacting of" such stetute law only as With what zeal and ingenuity the apostate Slop la- least, by a good and responsible witness. To there
shall not have the nature of *Po de se, by violating hours, to convince his readers, that the successful sub- Juries the people of the United Kingdom must lei
any fundamental principle of the Constitution." scription list for the indemnification of. Sir Rote Wm. for protection, and for the breaking up of one of the
Should we be told of prerogative, let lIA not be im-
son, is no indication of the public feeling on the occa- worstAssociations,except that of the Grait;-c If arreeke'rs
posed on by an ambiguous word. • According to John-
_,:__ __!....: *inn ! He is trailed to see the union of feeling which that ever disgraced any country.

ULM) all./ Inc
iamtection
slyer, Lad bt
he day al
eir perfidies,
fates that lon
of au soil titst
t, and he w•
war, boom
han to accede
i document $
the Porte, re
Rill announce
from Condit
it i n ne, bat is
Walachia, sal
peaceable tile
and in rent
y the larks tf
ra through all
Vienna, dial
cca learnt jig
made a ce . t
est importance,
The manna
.ents, espetiall!
dicta, is ander.
secislly as A*
iodulgearte
the Cosgrew
of a Coate&
e King loaLl
di
de of the Add
tion wadi*
that the Gets"
the hope' which
contrary, it we
draw sp a plw
I.iumrS. Bare