The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1809-05-31

10 the Printers efsae Boston Patriot.


olkS, tI..is
A FEW words more on the subject of
pressing. In strictncss, we have nothing to
Go with the question, whether impressments
OF seamen in England are legal or ilegak-
Whatever iniquity or inhumanity that gov
ernment may infiict on their own subjects,
we have no authority to call them to AN ac-
count for IT. But when they extend that pow
,>r to us, foreign nation, it is natural for us,
ant 1t is our duty as we'll as interest to consid-
er wet it is among themselves.
The Aost remarkable case in which this
subject has been touched in Westminster
Hsh, IS IN CcyPer,s Reports, page sl2, Rex
VS.. John Tubbss The report of the case is
very long, and shall only observe, that the,
question of the Legality of the power Of inn
pressmens was not before the Court. The
question was, whether the Lord Mayor had
right to exempt thirty or forty waterman
for his barges. Lord Mansfield sufficiently
expresses his alarm and his apprehension of
the consequences of starting question rcla-
tive to this subject, in the following words g.
am very sorry that either of the respecta-
bic parties before the Court, the city of Lon
don on the one hand, or the Lord Commits
sioners Of the Admiralty on the other, have
been prevailed upon to agitate this questions"
SC.
I" was in hopes the Court would have had
an opportunity OF investigating this point to
the bottom, instead of being urged to discuss
IT SO instantaneously," sc. own wished
tor more deliberate consideration upon this
subject; but being prevented of that, am
bound to say what my present sentiments are.
The fosvcr Of Pressing is founded upon inn
memorial usage, allowed for ages. fit be
SO founded, and allowed FOR ages, it can have
no ground to stand upon, nor can it be vindi-
Gated or justified by any reason but the safety
OF the state: and the practice is detlucet from
that trite. maxim Of the constitutional law of
England, that private mischief had better be
submitted to, than pnblick detriment and in
convenience should ensuc. TO be sure there
are instances where private men must give
way to the publick good. In every case of
pressing, every man must be very sorry tor
the act, and for the necessity which gives rise
to 1t. 1t ought therefore to be exercised with,
the greatest moderation and only upon tho.
most cogent necessity, and though it be a le-
gal hosvcr, it may, like many others, be abus.
ed in the exercise of it,"
The case is too long to transcribc but it
isworth reading. My remarks upon it shall
be short.
/. Lord Mansfield most manifestly dreaded
the question, probably on account Of the in
Vulnerable difficulties attending it, as well as
the national uproar it would most certainly
excite.
q His Lor.lship carefully avoided the use
OF the word right. He knew the sense, force
and power of words too well 70 profanc that
sacred expression, by applying it to practice
SO loose and underlined, SO irregular and ca
PRECIOUS, so repugnant to the inherent, here
ditary, unalienable andindefcasible birth rights
of British subjects.
8. He calls it f,ractice and hower, but
he does not even venture to call il prcroga-
tive of the crown.
A. He does not even affirm that there ex.
lists such an immemorial usage, allowed for
ages. He says, " if it be SO founded and all
lowed for ages" The existence of such an
immcmorial usage, allowed for ages, was
probably one of the principal points he wish
ed to investigate.
S. He does not affirm hiat such custom,
usage, power or practice could be pleaded or
given in evidence against Magma Charta. If
has Lordship had been allowed time to inves-
ugate the subject to the bottom, he perhaps
would not have found evidence of any such
imrncmorial usage allowed for ages. He GER.
tainly would not have found it aAoryed by any
national act or legal authority, and without
one or the other, how can it be said to have
been allowed Allowed by whom! By those
who committed the trcspass, and no others.
His Lordship moreover might have found,
that no custom, usage, power or practice
could be alledged, pleaded or given in ,eyi-
dcnce, in any court of justice against Magma
Charta.
6. All the judges allow that exemptions,
badges and projections against imprcssment
have been given by Peers, Commons, Lord
Mayors, Lords and Officers of the Admiralty,
and ss understand Lord Mansfield, by Off
GERS of the navy. Now what loose, undc6n-
ed, arbitrary power is this to be legally cs-
tablishcd as an im,nemorial usuape allowed