The Statesman.
London, England, 1820-02-21 00:00:00

" The Cause for which lIAMPDSN fell is the Field, afid SYDNICY died oft the Scaffold!"

TO THE LIVERY OF LONDON.

OhwTttNlN
HAVING accepted the flattering invitation of
numerous and most respeetabie Body of the Users to
become • Candidate for the honour of represeurieg the City
of London, at the ensiling Klection, (wooded upon a ma-
nifestation of their approbation of to) public roudeet in
six successive Parliaments. I take the liberty of re-
spectfully ',Meiling the favour of sour Vote and In-
terest to rrplare me in that distinguished and responsible
situation, the envious and arduous duties of which
(should I have the gratification of being elected) I pledge
myself to diseheree with the same faithfel seal. indus-
try. and independence, which nelptired and retained the
confidence of my fellow Citizens during twenty-seven
%cursor the most eventful period of the history of my coun-
try. The considerate indolence of my Prised. ',using in-
duced them to request me not to undertake the dot) of •
personal Canvass, will. I trust. be accepted as a wildest
apology for that omission : should, however, the time per-
mit, went of my Family will have the satisfaction of waiting
upon sou, to offer that twatlesonial of respect on in) lichalf.
I remeori. Genttemen,
Your obedieot act faiddhl servant.
T.ondon TAlrell. Feb. 17, If w cunTus.
The Committee for eoedueting the Eleetion meet daily, at
the shove place, where all communications rrspectine it are
requested to be addressed.
TO

THE WORTHY ANT) INDEPENDENT LIVERY
OF LONDON.

Griretrwer,
%TOUR frenerons and spontaneous exertions at
the late Election, which succeeded in placing me in
the Important Wootton of one of your Rrpnesent*ives in
Parliament. have never ceased to operate upon liry mind.
and I hare been envious upon °matins to prove my-
self worthy of the ecaldenee sue lien reposed in me.
My utmost esertioes have been devoted at peoteot the Inc.!
and commercial interests of this great city. and .to defend
against all encroachments its ancient rights sod privileges.
Upon the various important political questions which have
(*opted the attention of Parliament. I have pursued that
Use of conduct which appeared most consistent with the opi-
blau, uniformly expressed by the greet body of the livery.
alai best ealeniateel to maintain inviolate those greet prim-
deists of liberty which foga tte bask of our excellent Con-
stitution.

In full sysarance. therefore. of the eastiounaeit of your
favour, snit elicoarairs-1 by the numerous promises of sup-
port I am daily receiving, it is with coalblenee I again re-
'petrol]) solicit ) our votes sad interest on the sppetiathing
Eleetton.

I have the honour lobe.
Yonr (OM! and devoted servant.
ROBERT WAMLNI AN.
New Rridoulltreet. Feb. 18,

THE OBSERVER OFFICE.
're Alevevr, Feuer tar 11.
,IVEINTERDAY's OBSERVER published a de-
I. tailed ALIOUNT. leaking Twelve Folio Columns.
of the Pertiessisre wad Mein& Verasonalse which took place
at the FUNERAL of his' labs Majesty GEORGE the
THIRD, including 116 Seriptare Tests, adopted on the oc-
casion by the Divines at the Churches and Chapels in
London aid its environs. To those persons who may have
G The Observer of Snaday, the Bib instant. this
'Number will be very desirable. as the two Peron contain
all
_the 011021. FEwts and Doettoweies wear) r« preser-

cornier).
N. R. The price of The Observer is senso-posse.

THE LORDS of the TREASI RY love issued
their Warrant for the FINAL DRAWING e( the
LOTTERY, to take place NEXT FRIDAY. 23th Feb.
when the fen remaining Tickets (hating an EXCESS of
"13S). forming the ()olden Lottery. ssith two of E 10.000!
and 1.01111 Prices. must all he drawn, sad paid in Gold or
Rank Notes. by J. and J. SIVEWRIGHT,

37. enn•nizz; II I. linzsone:
3s, II ts
Who Sold in this Lottery. Nn. 1.6315. Prize of Is`o,ooo. end

Save,. CAPITALS.

W ATER-PROOF ROOTS. te.

HOBI,EY, VI, James-street, Covent-garden.
A 7• solicits the attention of the Public to his superior
invention for making Boots and Shows Water-proof, by pre-
•enting the peselhility of any moisture penetrating through
Mem.

HORLEY hu not only to bust of an Inveetlnn that
will avert the many evils attending wet fret. but that the
Roots and !(hoes made by him are unrivalled in quality,
workmanship, and fashion; for the truth of which assertion
he ran refer to Gentlemen of the first respectability, whn
have honoured him with their decided approbation.

SOME OBSERVATIONS ON MAGNA CIL4RTA.

There has never been a collection of laws nt which
more interest has been excited and continued than Mag-
na Charts. For six or seven hundred years it would
seem that there had been no period when popular feeling
was roused—when the privileges of Englishmen were in
the smallest degree railed in question—in which this
most important document has net been proudly referred
to as the bond and safeguard of English freedom. This
recognition, or confirmation of liberties, we all know was
signed by King John, in conseque;:..e of the remonstran-
ces and resistance lot the Barons to his usurpations, and
his making Erglanil, emit were, a papal pros-owe. It may
t-e of use to observe here, that had the Barons of the
kingdom been more or less powerful than they were, it
is probable that Magna Charts would never have existed.
Had they been more powerful, they might have been
able to stand out against the tyrant without seeking any
connexion with the people ; had they been less so, the
people themselves Haight not have hail force enough to
obtain from the King any promise, mill less any charter
in their favour. Either way we shouts' have been much
more likely to have had a despotic liovernment, which
would perhaps have made us at this day subservient to
some continental power. Bat though the people were
not of equal importance with the Barons, it is plain that
they were just behind, avid that the Barons themselves
feared and wished to conciliate them. It is evident the
Barone had assembled to compel the King to grant that.
certain privileges, hat they found they timid- not carry
the people with them, without some concessions for the
interest of the community.
' Magna Charts receives a formal confirmation in the
ninth year of Henry 111., as well as in the reign of Ed-
ward i. Indeed it stands upon the statute hook of the
realm as a law or collection of laws, hearing the former
date. But it was not made at any of those periods ; in-
deed the greatest lawyers in this kingdom &safes' that it
is net original, but chicly a confirmation of the continuo
or unwritten law. Sir H. C•ke, speaking of the advice
which Hubert tie Bergh is said to have given for the can-
cellieg of this charter, says. " it was too* end to cancel
its provisions; when they were. for the meet part, hot dr.
olarstories of the rimiest ereversee laws of England, to
the observation and beepier whereof the King was bound
std swona." Magna Charts was semospossiell be a char-
ter respeceieg the forests, which was fur the benefit of

the Barons. To show how much the liberty of the sub-
hect WAS regarded in these times (and it will be seen
ereafter, Obeli we come to discuss its articles, that Mag-
na Chute MAW m at valuable manual of the liberties of
the sabject)„ we mar mention some acts of Parliament
that were made for its being observed and remembered,
Thetith Edward I. chapter 2. says, " And we will that if
any judgweat be given from henceforth, contrary to the
points of the charter aforesaid, by the justices, or by any
of our ministets that hold plea before them, against the
point% of the charters, it radii Ile redone mad Aoldtm for
nought." The very stet act of Parliament is the book
commands that the said charters shall be read in the ca-
thedral churches twice in the year; the next, that ex-
coruniunication shall be pronounced against the breakers
of the said charters, and an act of Edward 111. distincil)
states," At the Parliament of our Lord the King, holden
at Westminster, the best day of May, the two and forti-
eth year of his trim it is &emoted and accorded that the
great charter and t saner of the forest, be holden and
kept is an points, mod dug ettitste be made So the coil-
every, thoi-glail be far *wee."
Naylor theommels et the olateiaing-of this
charter, and of asses in which it was held, we
shall raved to r the articles it contains on the
liberties of the
It coinsoeneeetthrt; firmness of manner that allows
equally that it wm executed for no common purpose,
and that it was to for posterity:—
" First we have granted to God, and by this nor pre-
sent charter, have confirmed for us and for our heirs for
ever, that the (hutch of England shell be free, and shall
have her a hole tights and liberties inviolable. Ws
WITS OSANTRD 11.att •ND GIISX TO ALL TM& PRIM-
MIN OF OUR RCAIJJ, FOR US AND OUR sties FOR STIR,
TOUR LINRITIRS UNIMIRWSITTIN, TO NAV& ANY TO
MOLD TO TORII 1100 TO TI IS MRS, or US AND oca
name roe tem.'
The next grant point of the charter is one which ought
to be written se letters of gold :
" rasa MIN SHALL SR TAKEN OR asealsonan,
OR OR oissatseitoor MIS FRIRROLD, OR LIIIRRTIRS, OR
PRIM CUSTOMS, 00 OR OUTLAWRY OS RIMED, OR ANT
°THROW'S, Miatlinvia, NOR WI WILL NOT PASS UPON
Will, NOR COMMOIN RIM, OUT IT LAITIPVL JIMMINSPIT
OF MIS ream, eic ST LAW Of TER LAND. WS WILL
alma TO NO MA/St WI WILL NOT DENT OR DRIRR TO ANT
MAN, MIMS 001101 ca oa aitiaT."
Besides these, Alvin Charts contains, on general li-
berty, as article against the payment of any thing for
inquisition of lifs/ or member, one for the regular holding
of courts, one to prevent officers of the crown front
taking horses, mots, and wood, without the consent of
the owner; owler the succeeding of a man's heirs to
his property, if be die intestate, and for the falfilmeot
of his will, if he make one • and a provision that a free-
man shall be amerced (ha), saving to him his content.-
ment —a merchaut, saving to him his merchandise; and
a villain (or rustic), saving his wainage, e. his carts,
ploughs, and itopkments of husbandry. The last, in
reality, is intended to establish, as a constitutional
principle, that so man shell be fined to his otter ruin.
There are some other minor provisions which will
come to be compidered while we are discussing other
sa is pereitmlar, for the protection of
irtnett wTlhiH tisamima-along wish

the alien laws.

There is a principle, without which we reckon the
English Constitution as nothing but a name, and to
which oar ancestors adhered with even greater attach-
ment than to their laws. That principle is recognized
in the Act of Parliament we have quoted, that say sta-
tute onsets ~teary to Magna Charts shall le Aolleafor
acme. We know it is a common doctrine with the un-
thinking or the willingly corrupt of the present day,
that when an Act is passed in the House of Commons,
it is paramount to all others, though they were thought
more consonant with propriety. With them, in the
words of George Alexander St , in his Lecture on
Heads, "lent is law ;" and with them, of course, all the
Acts of which men have complained, the Septennial
Act, the Suspensioa Act, and every other Parliamentary,
or rather Ministerial, measure are to be considered valid
sad peremptory; the last, the most corostiirrione/ and
the best. This arises from the folly of confounding
law and constitution. They conceive the constitution
to be whatever is constituted, whereas it is what ought
to constitute; it is not the action, hut the motive ; tint
the deed, but the regulating spirit. We should have
hut a sorry Constitution if it were to be cot and squares
according to the fancy of every State declaimer or Mi-
nisterial designer ; if it were to give way to the inroads
of every silly mania for legislation, without any standard
or beacon whereby men might know how to avert or
remedy the encroachments of ignorance or time. When
we talk of &constitutional spirit, we do not mean a spirit
which should direct and pervade the laws of England
only, bet one which must exist in every country whilst
it possesses liberty. This spirit is wind we rail the
Constitution, and Magna Charts is merely a recognition
of its influence. The best part of that glorious charter.
'• no free loan," Ike. is only a more particular way of
saying, "all men shall be tree." It is not so much a
law itself, as a rule for laws.

" No free mos shall be taken," &c. In examining the
peruse this portion of the charter it would be useful to
onowelletiocily whether it was intended that " or by the
Iww of the hind," was a mere explanatory clause for
" lawful judgment of his peers." Certain it is, however,
that own are both taken and imprisoned without any
judgment of their peers. If a man he apprehended for
felony, sir for a crime of any kind, he is esamineil be-
fore a magistrate, sent, if the examination be not satis-
factory to him who took it, to a place generally worse
than a gaol, which is called being remanded, and when
a magistrate or two are are agreed in his guilt, he is
transmitted for some months, perhaps, to lie in prison,
lin many instances; in fetters, and then discharged, it' ac-
quitted when kr comes before his countrymen, without
recompense for his pains, or remuneration for his losses.
I We are afraid there are many evils here which were not
contemplated at the time when Magna ('harts was
agreed upon. We are convinced at any rate, that there
are things in the mode of committal and imprisonment
before trial, and while yet deemed innocent, in this
country, which require the most careful investigation.
" We will sell to no man," &c. Upon this VP? scarcely
know bow to observe, considering how barfacedly jet-
tice is sold in our most civilised and honourable age.
Sir Edward Coke says on this—" an.l therefore every
subject of this realm for injury done him in goods, lands,
or person, by any other subject, be he or she ecclesiasti-
cal or temporal, free or bond, man or woman, old or
rang, or ho bo outlawed, excommunicated, or any
other without exception, may take his remedy by the
course of the law, and have justice and right for the in-
jury done to him, freely without sale, folly without any
denial, and speedily without delay." This is one proof
oat of the heap, which the uncompromising integrity of
our forrfatbers have left us, that English justice ivas na-