The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-05-22

| sure OF that man. or set OF men! If ever
one OF you be Liable at any time to be Sci,
TIC Jail without trial, and without oath n,d
against YOU, and there 20 &c detained as Ion,
as 1t p!eases the parties sending YOU Their,
| (perhaps to the end of your life) withou
any court 10 appeal To. without any mean.
OF redress: if this be the case. shall we still
boast ct the laws and liberties OF EAgland
Volumes nave been written by Foreigners as
well as by our own conntrymen in praise OF
that part of our law, which, in SO admirable
manner, provides for our personal sa fety
against any attacks of men in power, This
has, indeed. been, in nj. ages. the pride Of cur
country; and it is the maintenance of this
principle which enabled us to escape that
bondage, in which all the States and King
doms in Europe were enthralled by aban i.
don'ng and yielding it up; and. we may be
assured. that if we now abandon it, the
bright days Of England's glory will set in the
night OF her disgrace.
Bat would lain believe that such is not
to be onr fate. Our Forefathers made
stern grim-visaged Prcr2gGtiUc hide his
mead: they broke in pieces his sharp and
massy sword. And shall we, their Sons be
afraid 10 enter the lists with undse ned Pri
uleSe, assuming the powers OF Preroga-
tive
she'll be told. perhaps. that there is not
much danger CT Ibis power being very fire.
quently exercised. The same apology may
be made for the exercise of any powei what.
tver. do not suppose that the Gentle.
men of the House of Commons will send any
OF you to jail, when you do not displease them
MIR. Yoke did not move for the sensling of
Mr. Jones 10 jail, until Mr. Jones displeased
him but IT IS not very great compliment
to pay any Constitution, to say, that it does
noe permit man to be imprisoned, unless nc
has done something to dsplease persons in
power. 1t would lie difficult, should sup
pose to- find any man upon earth, however
despotIc his disposition, who would no. be
'con'ented with the power OF sending 70 pr-
son during his pleasure, every one who
should dare 10 do any thing to displease
him. Besides, when am told. that there is
ittle danger that the Gentlemen Of the House
OF Commons will often exercise thi, power.
Il cannot help observing, that, though the
examples may be few, their effect will, ma
turaily, be great and general. At this mo
men, It's true, We see but one man actually
N jail for displeasins those gentlemen, but
~le tate ot this one man Gas is che effect OF
ali punshments) will deter others from ex
pressing their opinions Of the conduct of those
who have the power to punish him. And
moreover, 1T IS III the nature Of all power,
and especially of assumed and underlined
power, to increase as it advances il ace and
as Magma Charta and the law uf the Land
nave not been sufficient to protect Mr.. Jones ::
rs we have seen him seat to Jail for having
described the Conduct of one Of the members
IS an outrage upon public feeling, what Sc.
curity have we unless this power of impri-
sonment be given up, that we shall not see
other men sent to jailifor stating their opin
ons OF Rotten Boroughs, respecting PIacemen
and pensioners sitting In the House or, in
short. for making any declaration giving any
opinion, stating any fact, betray ing any fee
ing, whether by yrting. by word of mouth
or BY gesture, which nay disp.eaSe any of
the gentlemen assembled in st. Stephens
Chapel
Then again, as to the kind of pun ishment,
why should they stop at sending persons 20
al! If ,hey can send whom they please to
lJail If they can Keep the persons, SO sent,
IN jan as long as they please; if they can
set their prisoners free a. the end of the first
hour, or keep them confined for seven wears );
If. IL short their absolute will is 10 have
the force oflaw, what security can you have,
that they will stop at imprisonment If they
have the absolute power ofimprisoning & re
leasing, why may they not send their pri-
soners TO York Jail, as well as to Jail III
London. Why not confine men in solitary
cells, or load them with chains and bolts {?
They have not gone these lengths yet but
what is there TO restrain them, if they are
to be sole judges OF the extent of their own
powers, and if they are to exercise those
powers without any control, and without
leaving the parties, whom they Choose to
punish, any mode of appeal, any means of
redress?
That power snch as this, should exist
in any country, 1t is lamentabIe 60 be OBJ
| liged to believe but, that it should DC suf-
Eered to exist, and that It's existence should
be openly and even boastfuliy avowed, in a
country, whose chief glory has been It's free
constitution Of government, is something too
monstrous to be believed, If the proof were
not before our eyes. Had the least doubt
hung upon my mind of the illegality of the
proceedings in the present case, il would
have been altogether removed by the an.
swers given to the references made by me
to the Great Luminaries of our Law, ana
to the laws themselves The argument, by
which / endeavored to convince the gentle
men of the House of commons, that their
acts, in the case of Mr. Jones, were illegal.
l shall now lay before you, in more full and
connected way, than it could possibly be
done by the Parliamentary Reporters and
| i'm doing this, ] shall do ali that now re-
mains in my power towards the Correction
| of this, as i deem it most enormous abuse
of power, and most dangerous of all en-
croachments upon the rights and liberties o.
Englishmen.
! Iremain,
| Gentlemen,
| Your most obedient humble ser.