North American. [volume] (Swanton, Vt.) 1839-1841, 1839-07-31

iiv, the inestimabIe advantages Of fee
English constitution II government, which
it is the privilege Of al English subjects to
enjoy.
These hopes were confirmed by the
kings proclamation, issued in the year
l763, plghting the public faith for your
foil enjoyment of those advantages
Little did we imagine that any succeed
ing ministers would so andaciousIy and
cruelty abuse the royal authority, as TO
withhold from yon the frution Of the ire
vocabIe rights, TO which yon were thus
Justly entitled
But since we have lived to see the I'M
expected time, when ministers Of this fla
gitiouS temper, have dared to violate the
most sacred compactS and obligations, and
as you, educated under another form OF
government, have arluIy been kept from
discovering the unspeakable worth Of that
form YOU are now undoubtedly entitled to,
we esteem it our duty, for the weighty
reasons hereinafter mentioned, to explain
TO you some OF its most important branch
| eS
"In every human society,"" says the cell
ebrated Marquis Bcccaria, "lhere is an
effort continually tending to confer on one
part the heighth Of power and happiness,
and TO reduce the other to the extreme of
weakness and misery. The intent Of good
Jaws is to oppose this effort, and to diiiuse
theirinfluence universally and equally"
Rulers stimulated by this peInicious
effort" and subjects animated by the
just intent OF opposing good laws against
it," have occasioned that vast variety Of
events, that Gil the histories Of so many
nations. All these histories demonstrate
the truth of this simple position, that to
live by the will Of one man, or set Of men,
is the production Of misery TO all men,
On the solid foundation Of this principle,
EngIishmen reared up the fabrck Of their
constitution with such a strength, as for
ages to defy time, tyranny, treachery, in
lernal and foreign wars And, as an Illus
trious authors of your nation, hereafter
mentioned, observes, -" They gave the
people of their colonies, the form OF their
own government, and this government car
ryng prosperity along with il, they have
grown great nations in the forests they
were sent TO inhablt."
In this form, the first grand right, is that
Of the people having a share in their gov
eminent, by their representatives chosen by
themselves, and in consequence OF being
ruled by laws which they themselves APP
prove, not by edcts of men, over whom
they have no control This is a bulwark
surrounding and defending their property,
so that no portions of it can legally be tai
ken from them, but with their own foil and
free consent, when they in their judgment
deem it just aud necessary to give them
for public services, and precise Y direct the
easiest, cheapest, and most equal methods
in which they shall be collected.
The influence Of this right extends still
farther. If money is wanted by rulers,
who have in any manner oppressed the
people, they may retain it. until their grle-
vances are redressed and thus peaceably
procure relief, without trusting to despised
petitions, or disturbing the public tranquil
ity.
The next great right is that Of trial BY
jury. This provides, that neither life, lib
erty, nor property, can be taken from the
possessor, until twelve of his uneXcepton-
able countrymen and peers of his vicinage,
who from that neighborhood may reason
ably be supposed to be acquainted with his
character and the character Of the wit
nesses, upon fair trial, and full enquiry,
face to face, in open court, before as many
Of the people as choose to attend, shall pass
their sentence upon oath against him a
sentence that cannot injure him, without
iniuring their own reputation, and prOba
bly, their interest also as the question
may turn on points, that, IN some degree,
concern the general welfare and, if i,
does not, their verdict may form prece-
DEM, that, on a similar trial Of their own, |
may initiate against themselves.
Another right relates merely 10 the lib !
erty Of the person. If a subject is seized
and imprisoned, though by order OF gov
eminent, he may, by virtue OF this right,
Immediately obtain writ, termed a hGbeas
corpus, from a Judge, whose sworn duty it /
is to grant it, and thereupon procure any
illegal restraint to be quickly enquired into,
and redressed.
A fourth right, is that of holding lands
by the tenure Of easy rents, and not by |
rigorous and oppressive services, frequent /
" forcing the possessors from their families |
and their business. &c perform what ought /
TO be done, in all well regulated states, by 4
men hired for the purpose.
The last right we shall mention regards I
the freedom of the press. The Importance 4
Of this consists, besides the advancement Of