The Statesman.
London, England, 1814-02-26 00:00:00

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THE STATESMAN.

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been said-64 Witb humility, but with a confidence be ruined but by a Parliantog " and yet, to our
of rectitude, we hold that the English Constitulastonishment, the sole prevention he suggests is,
tion duty be thus defined and explained ; namely, 66 that ouch Members be delegated to this important
a Constitution, whereof the spiarr consists of all i trust, as are most eminent for their probity, their
those principle, on which political liberty depends ;
thetas:fortude," and their knowledge." Yes, to be sure,
anti the RIMY, or material form whereoficonsists of inks of corruption, will send forth 6' Mem-
the four institutions, which, for the State's self pre- bers" to rescue us from the 66 absolute power" of
serration, fur the means of necessary legislation, for ' the accursed borough faction!
the purposes of neagistraey, and for the security of Before we lose sightthe absolute rights of
personal
,freedom, are equally indispensable; these I ever) Englishman," or of the pre-eminence of RIO
four institutions being as follows : namely, lit, A i PRESENTATION, allow me to quote.the well-known
NATURAL MILITI A, that consists of the Whole I on
that' 66 a greater inheritance descends to
physical strength of the community, from the duke , every one of us from itiuttr and the laws, than from
Ably or inised : the same being ! our parents ;" on which Sir EDWARD Cl:me re-
birth-right
_the
_subject

unwritten, Oren the learned are thereby misled ;
error is abundantly disseminated forlrutli, and igno-
rance for loose ledge; the, foctions are taught how
to cavil and misrepresent : while profligate plotters
tre furnished with meatissof undermining and sub-
v..rting our libertieg, %bile they pretend to explain
or to support the Constitution.
As immediately connected with English eneca.
Titre, I know but of two political works particular-
ly in use; the Commentaries on the Laws of Ea;-
land, by OLACKSToNE; and The Principles of
Mo-
rut and Political Philosophy, by PALEY. On these
winks I shall submit to you it few such remarks as
relate to the subject of these Letters. Those on
BescerroNe I subjoin • those on PALEY must be
reForcril for my next andi last Letter.
When it is recollected how voluminous had been
Vt ritings of some on the lairs of Eugland, and
bow many had likewise written on its celebrated
Constitution; when, in particular, it is observed,
how much attention had been paid to both, in his
Spirit of Lairs, by MONTESQUIEU,: whom our Au-
thor had diligently studied ; it was truly surprising,
and greatly to be lamented, that, ellen first medi-.
tating on the composition of his Cominesdarics. he
had not asked himself this simple question—llave-li
tile words CONSTITUTION and Len• only one and Ike
s rine identical meaning ;or do theyexpress two different
i errs? had he fortunately asked himself this ques-
tieo, the train of reflection that, in a mind sodiscri-
minating, so well-stored, and so powerful, as his,
must have followed, would del-listless have prevented
some great blemishes is a work of otherwise extra-
ordinary excellence.
flere I particularly allude to a radical error at the
very threshold of his edifice—in his definition of
LAW ; as well as to his iiiaccurate ideas of " su-
preme power," of '4 sovereignty," and of en abso-
lute despotic authority in Parliament. The first-
mentinned of these inaccuracies we may consider as
a prolific seed, from which the other errors have
; and we are much indebted to a vigilant and
virtuous constitutional watchman, who, under the
si nature of Tatrenks, in the STATESMAN '
News-
paper, has, on the sound authority of BaActos, re-
cently pointed it out.
11tAcatTous defines law to be " a rule of action,
which is prescribed by some superior, and which the
:Inferior is bound to obey t" whereas BRAXTON
says—" Lex est sponsio Reipublicm."—ln English,
6' Leiria the common of the Republic," that is,
of the community or nation, as a state*. On an-
other occasion, BRACTON says, " Law is a rule set
up by the consent of those who use it;" that is,
for whose use it is made law. BLACKsToNE, stilt
'lilt-ler the influence of his first error, and with
I;nglatiti of course in his mind, calls municipal law
" a rule of civil conduct, prescribed by the supreme
power in a state, commanding what is right, and pro-
hibiting what is w song t;" and this " supreme
pawn" he, without due consideration, and incon-
sistently with his own words in various itistar.
places in time " legislature," or 4' Parliament."
• ,To " Parlientent," he therefore attributes " ab-
solute despotic power," so " transcendent and
absolute, that it cannot be confined, her for causes
sr porvOns, slay bounds ." But how does
this extraysgattenntiiii agree vt what he elsewhere
says, in refei*eirto-Vhit has been written on " an
original contract?". " And this," says he, " is
what we mean by the original contract of society,
which, though peihaps in no instance it has ever
been formally expressed at the first institution of a
State, yet in nature and reason must always be un-
derstood and implied, in the very act of associating
together : namely, that the whole should protect all
its parts, and that every part should pay obedience
to the will of the whole s."
Ilad he attended to BRAGTON'S definition of laza,
and consulted, in the outset, his own strong under-
standing, his Commentaries would have been as satis-
factory as they are eloquent • he would have seen
that in the NATION alone resides a true, literal so-
vereignty ; that the sovereignty of PARLIAMENT, for
practical kgislution, is fiduciary and figurative ;and
the sovereignty of the KING, as the highest Execu-
tive Magii.trate, for executing the law, is likewise
.ligurativv, and stilt Merit's to the other two ; being
subordinate to that of Parliament.
lie would then have seen his error, in talking of a
61 despotic power" in Parliament ; and that' it was
not even a legitimate authority at all, unless it con-
tained an actual reprecentation of the people, accord-
ing to 64 nature and reason ;" he himself tells us,
that 44 a statute is placed among the eccords of the
kingdom ; there neeiliug no .formal promulgation to
give it the force of law, becawee,..te:ery man in Eng-
land is, in judgment of law, party to the making of
an Aced Parliament, being present thereat by his
rtprfsentatives
A gresiislfto Offs principle, and to BRACTOte'II de.
finition.ollaw, be, in another place, says, " the DA:
gine power of judicature, by the fundamental prin.
ciplee of society, Is lodged in the society at large II"
anti for explaining the ground on which legal pu.
nishments are indicted, he remarks, that " the I
temporal magistrate is empowered to inflict coercive
penalties for transgressions ; and this by the consent'
of individuals, who, in forming societies, did either
tacitly, er expressly, invest the" [legislative] " sore-
reign power with a right of making laws."—" The
inufniness, therefore, of punishing such criminals is
tesiided upon this principle, that the law by which
they suffer, was made by their ozvn Consent**."
here, then, seeing that in every free state there
tire three species of sovereignty ; the Ist) original,
inherent, and literally such, in the NATION ; the 94,
derivative, fiduciary, and only figuratively such, hi
the Lsoiss. eructs ; and the 3d, still farther deriva-
.." tiro, fiduciary, and also
,fsgarafieelg such, in the
- CRIES MAGISTRATE; and seeing that both a con-
stitution and oidfnory law is " a rule, which a na-
tio,' sets op for its own use;" and that a Legislature
and a Chief Magistrate, who officiate only in trust,
require to be held to their respective duties, by
bowls sufficiently strong, we come to see what is
meant by a CONSTITUTION, in contradistinction to
tin terry Lt.w.
In An Appeal to the Nation +t, it has, therefore,

EASt:INDI4I-110USE.
A special general Meting of Proprietors was yes-
terday held, to take into consideration the Resolu-
tions of the Committee, to whom had been referred
the question as to the propriety of- granting any in-
crease to the salaries of the Directors.
After sotne preliminary discussion, the Chairman,
Mr. R. THORNTON) stated the question to be, whether•
the Court would agree with the first Resolution,
viz.:—That all the documents and evidence deli-
vered
as that of *l►lich i Proprietors.

for here we are

At
ind

rit ten

- - -
Itißjority

pegtheitet
Engllsid
• See bir W.. 1 vt.. Intel means of Itemleivelett flints: Also
an Appeal, Civil ..J.ll ou the English Catertitutio• 3 tied
England's
t lhid. $ 1. IS.
lb A . r— C•ir,atimi IVII
T. H 7. •• 1111 rUg. Coo. 425. •
- Ste fatter '
ft 1.110, lb. gi 1. M. • ‘.

Mr. PETER Moons then read several Resolutions
respecting the increase of salary to the Directors,
and gave notice that he should take an early oppor-
tunity of calling the attention of the Court to the
consideration of them.
. Mr. DIXON expressed his hope, that grant Wen.
Ilion would be paid to the wording of the advertise;

* The Government of Ersglaintoilitionscli It tualw a King and
yet. a; rounded iii freedom, having for its object the
common trent, it is nevertheless prnporly commonwealth g and
formerly war so bt)ledt even la Royal Priselassistions Aos
of Porliz.ment.
+I. 41. 122. tl. 160. fY. 47. 1. 185.
11. *** 11f. 8. It rablieled 1815.

0

-h,,S+«

meuts intended for the public Prints. In several4n. • \
stances, he said, but more especially in that of thii -- •
debate upiits the remuneration to Gen. llislop, they
halt through 'sortie inadvertetreyrbeen drawn lip p•
negligently as to render it uncertain whether 30001.
or 15001. was the sum proposed.
The CHAIRMAN was extremely sorry that the lion.
Proprietor should think that proper iattentiou was
not paid to the advertisements in the Public Prints.
lie could assure him that the Court of Directors al..
ways paid the greatest attention to the preparation oil
them.
Mr. PETER Moonx then moved that the papers
which he had laid upon the table be taken into consi.
i Aeration this day three weeks, the 18th of March,

to- the peasant, suitably orga, -, .. .
from its übiquity and resistless force all potent ;*lia ; marks,
44 RIGHT is the best firth
_
the possibility of dangerous bath ; (Cr, thereby his
goods, lands, wife, children, - which was agreed to. . e
police, by preventing
riots ;in government, by preventing the possibility : his body, lite, honour, and estimation, areyrotected M. It..JACKSON moved, " That there be laid be.
of serious iesurreetien or rebellion ; and in war, by I, from wrong+ -" a property in RIGHT, which cad fore this Court at, account of all pensions above2ool.
preventing the possibility of successful ineasioo*, ! only be true o'f the right of REPRESENTATION, with- 1 per annum, now payable by the East India COm.
" 2d. A LEGISLATURE of King, Lords, and ;out which there is NO LIBERTY. It matters not truly, with the terms and conditions upon which they
Representatives of the C.:commons ; the authority of . that Coax, as a lawyer, took, like BLACKSTONE, a were respectively granted, in order that this Court P
the latter being incapable of a duration beyond one ,mistaken view of Cheep re-eminent limier, think- . may judge how far the same will he fltected by the I
year ; such Legislature, for securing a right ma. 'lug be found it in th ordinary LAW, whereas expiration of the present Charter.--'Ordered. .
.
1 nagement of public affairs, being entrusted with a;it is only to be found in the CONSTITUTION, which is HERTFORD COLLEGE.
magistracy, and the guardianship 1' a law to the Legislature ; a law which may no !CourtMr. Hustu again begged the attention of the .
' ront.oul over all
Itcommupstanbye
hkadno
foundedw n tothattmall,
College he
lof the public purse ; and with authority also, as more be transgressed by that Body, than the,sta- 1 for a very few minutes to a subject of great
,circumstances may require, of enacting such statute tutes enacted by itself may be transgressed by the I IL
fora
law+, and such only, as shall not have the nature of Peoples ;" for " a free People agree upon a Con- t said,
a felo.de-se, by violating any fundamental principle : stitetion, by which, as a criterion of political- rec- : liertforA 'or the instruction of young men intend.
of the Constitution, the conservation of which (Rude, as a law to the Legislature as a limit which 'ed for the Company's service in India, and that it
youngnot
keptman
f-storuld termsgo
attothlitsul
Constitution is the sum of the duties of the Legisla..! that Legislature is never to pass, and, as on all occa- ; was enacted b an express clause in the new Char-
ture. !Mons, an indispemible rule of Government, they i
writerrth at
honohadCollege.asa
44 3d. An EXECUTIVE MAGISTRACY IN TIIE Ktno, ;consent their affairs shall be maneged§."—And we
his person being inviolable, his Ministers responsio isle to keep in mind, that the Legislature being only • Now, he had understood that several departure,!wen
ble. la derivative, fiduciary sovereignty, in trust for spe. ; were at this moment preparing for their
64 4th. TRIAL BY JURY, that public liberty may I dfic purposes, deriving trot only its power, but its i without ever haring-been at College at all.
, not be stabbed through the sides of the private citi- , existence, from the will of the original, l
aabsoute I The CHAIRMAN here interrupted Mr. Host;
' zen, by any injustice which might endanger his pro- sovereignty, inherent in the People, " the end nd and said, he thought he could fully explain this
perty, his personal freedom, his life, or reputation ; object of the Constitution therefore is, that liberty,
matte!. A letter was written some time ago by
and that the individual, equally with the aggregate general and vidual, of the community, and of . Lord Minto to the Court of Directors, requesting
of the community, may repose itt.tranquillity, pro- 1 the citizens, shall ever be held sacredit." ' them to sCnd out immediately not less than seventy
tested by the Constitution and the Law." I remain, dear, Sir, writers. The Directors, however, thought that a
.
As a definition and explanation, the foregoing, ' Truly your friend and servant, much more limited number would be found sufficient,
condensed as ,it is, will, as I conceive, be found i JOHN CARTWRIGHT. and zecerdingly selected from the young gentlemen
sufficiently ample ;I am not aware that more can * 1.1.61. ; then at College such as had made the greatest pro•
i gross in their studies; and after a strict examination
be introduced as an essential part of the Constitu- t Ali., Civ. and Mil., on Eng. Con. 22.
t typenl to the Nation in ICI2, p. 2.
lion, since, were all the powers and authorities ne- s but. p ibid. I sent them to India, though they had uot kept the
cessary, in the first place, for the conservation of
_______
the Constitution itself ; and, in the second place, 1 the origin of the report stated by the Honourable
for supplying laws, either declaratory of funda- 1 • proprietor.
for prietor.
declared himself satisfied. It was then
mental princlioles, or for the convenient conduct of M Hume
public affairs. BLACKSTONE not having discovered moved by Mr. Hume, that no sums of money should
that the Coro-moms/ought to be contradistinguish- ' ever be voted, excepting the usual dividends, by
ed from ordinary LAW ; nor being aware within . fewer than 40 Proprietors.
what a tinrrow compass the former was contained, 1 Mr. Netts moved, as an amendment, that the
words, excluding the Directors, or, 64. including
,nor apprised of its beautiful simplicity, fell, of
them, be inserted.
course, itif, , very confused and incorrect mode of
expressi,.,: its nature; when lie says, °° 'That Consii- This amendment was carried, and the Court ade
journed.
lotion.: I flame of Government, that system of laws,
is 110,,• calculated to maintain civil liberty," &c.t. ;
referred, in fact, to the mass of

pOLICE.

oar laws, written aL, .unw
our Constitution Contists. i Mr. 131.0ME11 expressed his regret that a paper 1
Marlow nousc—W. Wi,ittiegstall. who wasegamined an
" But, under so monstrous a suppositiop, Oef ! which he had sent in the form of a letter to the :l
n fernier day ria a ritor.te of settint; lire milts house, was arch,
Constitution, which •le in truth the standard of ail ; Chairman of the Committee, of which he was him- ! i
as-might All OH Friday. wisest Mr. fi A num attended as
legal rectitude, rectitude, and therefore ought ever to be eine. I self -11 Member, should have beets excluded by the 1Voll;perPi;41,11 i's:prlchutipvi!, and 61.atd^!(1;:ill
not ali urnheziatVi hnnsr
laii"
templated as something fixed and certain, would; to 1 unexpected conclusion which hed beep put to' their I had acluallnssestaken Sete, rlll:ll7;iintielof4;healT'erisrottiear, niesetting
our inexpressible misery, be the most fluctuation; labours. He was friendly to their object, but he tiAlit to hi- beg-dothes, whatever might hare been his ultimns
thing be' onging to us, absolutely changing ise idea-,I had objections to one of the Resolutions, and he cer- zetwinteor
aitaccapatiltaant.,,lemeencere.iolved itself into a misdetrisn our, aid
tity, not only with every new statute, but even every I tainly thought that a greater latitude of discussion All the witnesses who were examined on a forinet exate-
new decisiun of the Judgesr If such were our Con- i ought to have been allowed. He would now, there.-
rhino.'.lre It erillitisJamoemnSiadehrw)ikt;tmi,t
will
bt
cher: tagentteldo itidr lir:.
siltation, " what a wretches! lot would be ours I.— ; fore, propose, if it should not be deemed too late, bed with the Prisoner, said ohr—would et swear tit her for-
If the ABRIDGMENT of our law, by VI NEB., fill five- that it should's, printed, together with thedocumeuts utter esiden she had been drinking before she tvs (*x-
i amine& awns, in consequence, re-eintnined, whets she de-
and-twenty volumes in folio, or thereabout, and oc- I presented by the Committee. nied she ha ever said she sn.spected the Prisoner intended to set
cupied more than half a century of that laborious I Mr. Hume cordially concurred with the last fire to his house, although she had said she thought be intended
Author's time, such a Constitution must needs re- 1 speaker in reprobating the abrupt termieation with to make away with himself. She admitted she lino pat water
quire nine times as many volumes to contain, it, at 'which- the Committee had closed the business. He tiikethbeesstioudrk-ebroxaituid tblitaitt
chi,the rer irandetrotadhbeird
thiserdotaofetnawa
the leasq." • hold in his hand a Minute containing all the re- rere.—The Prisoner wa. fully committed far trial.
1 BLACKSTONE'S notion of political liberty, as an : suits of experience and reflection as far as they sp.
ni
iiiieArwTreNc Grin
a,ipeßrN .11—nIl‘lovvoeiteeca,s,,hveinz. --
were Pahiteanrd.derba,
effect of the Constitution, was also narrowed by the !plied to the present subject. This document hehad sent the two. Reads andl 'Matthews, on suspicion of makingp and seal
influence of his professional studies, as a lawyer. :to the Committee, who had .rejected it on the ground ing counterfeit Bank-token, a great enema, of %shish are is
In his Chapter on " The Rights of Perseus," be, that it was not received until an hour after the final
theMPr I;twiltomfdthheaeboSvolieniatirleor dt,?ffithe:"fittoh, attended wiles
inderd, very properly premises, that " the absolute Resolution had been agreed to. Ile should likewise they were hronght up. hut it appearing that the Prisoners Wee
'' RIGHTS of every Englishman (which, Wien is * t propose, therefore, that this Minute be printed with Vprehended its linundsrlitchatal-Petticuatme, thcy "'ere art,
dered to he taken before the Lord Mayor fur examination.
political and extensive sense, are usually called their 1 the other Papers.
tatenTies), as they are formed on nature and tea- I A long conversation now took place, after which
1
! ion, so they are coeval with our form of govern- the original question-was put and carried.
1 menti. After enumerating these "LI DERTIES" under Mr. RAxur.E JACKSON then rose, and, after a
three heads, namely, " personal security, personal; few introductory remarks, moved that the supple-
' liberty, and the absolute right of private. property," tnentary papers tendered by Mr. Plomer and Mr.
i
ihe goes on to say, " so long as these remain invi- Hume be printed for the use of the proprietors.
' olate, the subject is perfectly free." Now it is most Mr. WHALEY and a gentleman whose name we
certain, that, under any wise and benevolent despot, could not leans objected to the motion, as establish-
who should adopt the doctrines of this chapter, his ing a dangerous precedent.
I slaves, in the enjoyment of all these advantages, Mr. Lowstues highly approved of it, and declared
might have complete legal protection, without a par- that he liked to see individual members of a Commit-
s
tide of political liberty. tee opposing the body. Ile would not have a Corn-
Wherefore the great Commentator, in not having mittee act as one wheel, lint as so many independent
lenumerated among " the absolute rights of every wheels, each moving round its own axis. [A laugh.]
' Englishman," the right to li'gislative I.I.EPRESEN. Mr. PLosisat was desirous of receiving nothing
TATION, which is only another word for .POLL- from the Court but what WAS just in itself and sanc-
TLCALLIIIERTY, is here lamentably deficient, tioned by precedent. Ile had lamented much that
as tenablell-these Other boasted -i . out either the Committee had not prepared a regular report;
foundation or fence. Without TRW greatest of he had drawn up The skeleton of one, but finding that
all rights, 61 personal liberty," and 46 private pro- it would not be entertained by the Committee, he
pesty,"•oreinopty* attends. It is TIIIS, and Tuts had subsequently transmitted it in the form of a let-
tale, thatitamps on those a sterling value, by,im- ter to the Chairman.
parting to ;Sheen. assuratea3 and stability. Unless-a I Mr. ELPHINSTONE) the Thputy Chairman, opposed
Peopleiledividually and collectively, annually en- the motion.
joy an ettitel election of national representatives, so Mr. Hume and Mr. PETER M OGRE both disap-
that /aro, according to the Constitution, and to the preyed of the premature conclusion to which the
venerable BItACTON, be " the common will of the Committee had arrived, which had offended even
community," to talk of " personal liberty," and 1 sQme who were zealous in their support of the
4 private property," is mere delusion. Of what' measure.
value are these, if Sir GEORGE SAvII.E spoke car- Mr. RANDLE Jacesost replied, and made some
I
rectty, when he told the House.of Commons " they pointed remarks on the fallacy of the arguments by
might as well call themselves the representatives:di which his motion had been resisted. Ile hoped it
France as of the people of England**-;" and it, as ;_would appear who among the Directors had favoured
BLACKSTONE says, " the power and jurisdiction offend who 'did been adverse to the measure sehich the
Parliament is so transcendent and absolute, that it i Committee had been appointed to consider.
cannot be confined, either for causes dr persons,' Mr. Imams, the Director, conceived it would be
within any bounds ++;" that it possesses 44 absolute. altogether Irregular to add to the opinions of a
despotic poWertt ;" that " it can, in short, de overy-!Committee the private sentiments of individual Mem-
thing that is not naturally impossible§§." • I bens.
Such a picture thus drawn of an English Praia! The Court was then cleared for a division :
meta, not failing to impress on him who drew it the For Mr. .Tackson's Motion - . gg
extreme danger to be apprehended, he immediately . Against it - - 63
19
remarks—" It wale known at. - of the great
-...._
Lord Treasurer IkBLEIGII, that 'could never

Francis Tuite was found guilty, at the Sessions in
Dublin, on Monday last, of the murder of Mr.
Goulding, by shooting him with a pistol on the
South Circular Road, when walking with his wife,
Mrs. Goulding, on the 11th of September last.' The
Prisoner, it will be recollected, was apprehended
immediately after the offence, and, committed to
Newgate, from which he made his escape, disguised
in woman's clothes. .lie was ordered for execution
on Wednesday.
The magnificent Castle of Carlow fell on the more•
ing of the 13th instant ; fortunately there was not a
single soul hurt, though the noise terrified the neigh.
boiirbood almost as much as the shock of an earth.
'quake. This accident was occasioned by the gentle-
man who has lately become the proprietor of the
Castle, haring undermined the foundation for the
purpose of making it a more convenientl'esidence.--
1 There had been a large sum laid out lattrift:in 'the
Ist] pposed improvements Of thirrederelthe e f bet
1 alas all is now levelled with the dest'. This castle
; was the residence of Sir John di Varner.; e little
before the usurpation of Cromwell, who, during 141
ris;t to Ireland, attacked it, and after a spirited re.
sistance from Sir Thomas Lougfield, then Governor,
lit was obliged to surrender to the potent item of the
renowned Oliver, and has since been iu a dismantled
state, until Dr. Middleton, by expending a vast
deal of money *wit, within these last two years, had
restored the noble building to more than its erigiall
splendour.

.
MARRIED.
On Soaday last, at the Parish Church of •Epsom, Felix Or
to
O'Neil O'HAitlon, of Newry, in the county of Downe,
to Eliza tieorgiana, fourth daughter of Samuel Hawkins, og.
Mead-house, Epsom. Esq.

DIEI/.
On the 15th inst. in Grosvenor-plare, Mrs. Long Kingsmati,
wife of William long Klayman, Fig.
In _llarley-street, Mrs. Walker, wife of MajerAltem Walltar.
On Wednesday, Feb. efl. after a most pain el and long-coati-
need illness, winch she bore with exemplary resignation, Alm
Vuutiet cern the wife of J. F. Vanderentn, h.q. at his house,
is
Bash-lane, il;annon-street, London.
On the lath instant, at Winchester-place, Pentonville, in
her 534 year, Mrs. Bell, wife of Mr. Bell, of Bow Church-
yard.
At his residence, Bearsted-house, Kant, Francis Armstrong,
Esq. in his stith yeAr.

LONDON! Printed and Published hZD. Levitt., 1I I`w
STIATIONAN ovilcl, 97, neet4thwt. .

N • •
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