The Statesman.
London, England, 1820-09-08 00:00:00

FOR THE STAIES.VAN.

To • BRITIAN SIN As you may probably
be moon required in your senatorial capacity, to decide
on the necessity of passing the Hill of Pains and Penal-
ties against the Queen. I feel it niv duty as a British
subject, anal one of your cosistiteitrters, ru ,utmoit the fol-
lowing observations to your most syrinum ctin•iiirtatinn ;
far if a initiate and dispassionate init....fixation of cii-
cunistances be requisite in matters of IrgaT adjudication
before an ordinary tribunal, how touch more dots an
to post facto Bill of Pains anal Penalties, am eting the
liberties of the subject, deserve an impartial and earnest
inquiry by the Legislative assembly of the people I
shall first direct your attention to what is considered as
the concurrent opinion of the authors who have written
on the subiret of laws made to regulate the actions of
mankind in a state of civil society. Their opinion is,
that law is rule of condo' t preserioiag what is right to
be done.
Porysteponr, the celeftrated Jnrist, in lib. 42, r. 3, s. 4
insisty. that no actions are in themselves good or bad,
honest or vile, till they are matte so by some law and
in another place he asserts. that Allteretirlltly to the im-
position of any law all actions are to hr ritrrotr4l
terent." 81.40114T0NE in I cony .16, tells us, that law
is a rule prescribed." For, he says, a li•,rr n. 444111.011
ronfined in the breast of thr Ir; i•l.ttor without manifest-
ing itself by some external .47.11, can never be property
a law. It is requisite that this resolution he notified to
the people who are to obey it : all laws should be there-
fore be made to commence in/sal:re. awl be not:tied be-
fore their commencement. which is implied in the term
"prescribed."
It has been admitted by the Judges, that the Quern
has aot violated the Statute or Coniston Law of the
hand, and is not therefore punishable by it. But say
the Ministers, she has committed p.m. (fence which
raises a necessity for an ex post facto law to degrade
her, and we have already determined the quality wad
qaantity of the punishment. Let us, therefore, examine
what Put-Festoons says. He lays it down in fl lib. r. 3,
s. 10, " that in commonwealths which have no written
laws, the lusts turtute serve instead of riri laws, and
justice is administered according to !hem, anti persons
transgressing them, are punished at the pleasure of the
Judge : and even where the laws are written, yet sine,
it is impossible they should be in expressed and particular
as to rumpromise all that variety and compass of action
in which men's impieties may be discovered, it la nnees-
,l sire that reason and the laws of nature shiiuld supply
the defects of the civil law, and it must be left to the his
cretion of the Judge to determine the penalty," but, uu
the other)baad, we read in tirotios, 2 lib. c. 21;1. fl, " that

a HMI ought not to he punished by one who is comedy
guilty with Aitoseq:'! tidal St. Paul, in: Rout. i. says.
•• Therefnre thou art inelttanists (1 Man, whosnesterthos
art, that judges', for wherein thou judgest also her,
thou condeniiiim thyself, for thou that judgest, thrth
the same things.
in ilk. 2. r. 13. s. 5. asserts, " That in eases*
of Necessity, all things ret urn into a state of. nature.-
Hence it twist follow that an action which raises such
necessity, n.u‘t be construed as having been done in a
state of nature, and com.eqiwistly upon the Ministers'
lawn arguments, the Queen's actions statist hr referable
to the liberty of nature, uncroitronlable by human insti-
h ltimo.. and she must he eo•tsolere,l art...041g to the
language of the aricielits, as shining in all the splendour
of natural right. I am not raf nist enough to com:nce
myself how a person so placed, eau trul br ellsjected to
thr operations of all c.r polt facto hilt or eirel bur
without some presnmeli (fume's,. PUVPIOgnOt: in-
deed, in !I lib. r. " salt :f I .n,fr.q.
a criminal action in a fittest!, eff amino e, I n.:ty (lemma
,atisf.iit. fur the inlarr, and caption for the future, in
a trap o/ war. lint he i4baerces, it toe action sloes not
Alert mr, halt some other person, r. how I ant cot par-
licithrly oblige(' to defend, I can have tee noire pretence
to rttgat:r ourself in his rause, than I have iti prescribe
laws to those that owe me no whjeetios.-
It appears tlierefore manifest, that a sweettsity for an
powtitrre law east only prier where WI oitrishnirnt is
:preveribtfl by written law few In elltene*. etc where tha
law is defective. But it Is an inenntrovertible truth,
that in a civil state, whey.• an eliencr is punishable l'v
any written reeeitssd late, whether it be I:nown by tlw
wore of Contra. Civil, ow Vesture Law, as acceerki can-
not be ene'ett. t plat, the airender, being a Meioticr of
the Civil State, in the liberty of nature or witur.il *tate,
for liar se of estahlisha wsg an ea pest facto la tat
willies aPiluirrent penalty.
will now explain in what 1113:11• Siete statteeisita may
be raked to justify aetions by whirl the properties and
per•osis of ishtividuals may sustain injury.
When an enemy inrailes a estuary, self preservation
urges the necessity of breaking down sea hanks, deatrny
log cairn anal rattly, and burning bowies. in order to
impede the enemy'- march, and percent his receiving
Any assistance or acentionoodation.

Ike destruction of Moro is :4 no tearable
tivri-
d:ttiva of a state Ncressife.
let case of isestilencr there is a date rscres,:P.st. to de-
prive the inhabitants sit a city or towel, of 'bets- liberty
01 loess motion. lest the contagion •Insislil lie toll,-
urouicated to distant parts; and thi• is cosknstant to
reason, awl Ike opinion of PUNY, in his. 1. r. 12. who
• sys ' that the best and Isi??.hest reason rag4ells tur arces-
city with giro' use's.' But linourss, in Ms. 2. cis. 2.
4. 10. lays shown this proposition, that what,stc‘rr ill
Ilse slighteet tlegr.ss deviates front acces'rif: i. issjustie.• ."
implying that etre:cif" sotto he urgent anJ irresistible.
(70 I.e c6orieseel.)