as our ideas of" human nature" as it comes out of the hands of its creator, are somewhat différent from those entertained by Mr. C. we do not despair of the amelioration of our country, and of the world at large. From the Preface we proceed to the Introduction, which in our opinion is the best part of the work. It abounds with just observations enforcing the importance of a knowledge of the constitution on all descriptions of people. "A competent knowledge of the fundamental principles of the constitution, is not only an essential accomplishment of every English gentleman and scholar, but is also a desirable acquisition for all ranks of men amongst us, from the highest to the lowest. ***************** "Gentlemen of rank and fortune are particularly inexcusable if they remain ignorant of the laws of their country; without a certain knowledge of which, they cannot properly discharge the duties of their respective stations. For let it be remembered, that rank, and riches, and learning, and influence, are all talents committed to individuals by a kind Providence for the public good. These great advantages are not bestowed to enable their possessors to squander them in expensive dissipation, or waste their own -time in splendid idleness. On the contrary, where much is given, much will be required! Persons, therefore, distinguished by the bounties of Providence, should enquire how they may best employ the gifts with which they are favoured, for the good of their fellow creatures and the honour of God. The far greater part of gentlemen, indeed, must be content with doing what good they can within the sphere of their influence, as private men. A few, however, will be called upon to appear as public characters. Some will be appointed to the magistracy. But how can they distribute justice to their fellow subjects without such a knowledge of the laws as they had opportunities of acquiring, and which it was their duty to have obtained. Ignorance of the constitution and laws will be peculiarly disreputable to him who aspires to the honour of a seat in parliament. A candidate thus disqualified, can, in fact, desire to fill so responsible a situation only from the low motive of gratifying his vanity and ambition; and the obtaining of it would probably produce no better effect than to increase that self-importance which induced him to add one to the phalanx of a party. And surely he must be unworthy of the dignified name of a senator who is so incompetent to act as a public counsellor. How can he with any propriety consent to a new law, who is ig norant of the old one which it is meant to alter or repeal? The physician who is unacquainted with the qualities and effects of the medicines in daily use, must be a very unfit person to consult about a new remedy for any disorder." An attentive reader of this work cannot but perceive the inconsistencies, and contradictions which not unfrequently occur. When the compiler follows his guides, and is the mere copyist, we are presented with those sound principles and just reasonings naturally to be expected from such writers as Blackstone, Furneaux, &c. but these are too often followed by comments, which we may plainly perceive flow from a mind shackled by prejudices, poli tical and religious. Thus on the important subjects of laws in general, and the natural and equal rights of men, we have the following statement:-"The weight of all human laws rests upon the two laws of revelation and nature; that is they are not binding upon the conscience is suffered to contradict them. . . . The natural rights of individuals are such of nature, and which every man is as belong to their persons in a statę entitled to enjoy, whether out of society or in it. . . . The absolute rights of Englishmen, usually called their liberties, are founded upon nature and reason, and coeval with our form of government; and are usually included in one general ap pellation (viz.) the natural liberty of mankind. . . . This natural liberty consists properly in a power of acting as one thinks fit, without any re straint but from the law of nature: but that every man who is a member of a civilized society, gives up a part of his natural liberty in consideration of the advantages he derives from such wholesome laws as the community shall establish so that political, or civil liberty, is in short, nothing more or less than natural liberty, laid under such restraint, as benefits both the individual who gives up a part of it, and likewise the community whose safety requires that he should do so." These rational, sound, constitutional principles are closely copied from Blackstone. Let us now hear Mr. Custance. "Much has been said of late years about equality. All men, it is said, are by nature equal; and from this proposition a conclusion has been drawn, that all have equal rights. Every man, indeed, is born in sin, and is at first a helpless creature; and in that sense, all men come into the world upon a level. But in no other respect can they be said to be equal. From our earliest moments we manifest an inequality of disposition, capacity, and inclination; which, "growing with our growth," necessarily leads to that distinction of honour, wealth, and power, which we see obtains in the world. To assert any other kind of natural equality than that of sinfulness and imbecility, is to resist the plainest evidences of reason and revelation, and to falsify the experience of all nations in every age of the world." Thus according to our author, men have no natural rights, except the right of being " born in sin, and imbecility," to which we are assured for our comfort, we are all "equally entitled!" The wretched inferences drawn by this writer from his favourite doctrine of original sin, we shall presently have occasion more particularly to notice. The absurdities in the above quotation are more than sufficiently refuted by the preceding quotation from Black such political theories, as a right inherent in the people either to choose or set aside their own governors .... That to exclude for ever the doctrine of such a right in the people a clause in the Declaration of Right declares, that the "Lords spiritual and temporal, and commons do in the name of all the people aforesaid, most humbly submit themselves their heirs and their posterity for ever, &c. Is is it not then" adds our author, very surprising that any sensible person can infer the doctrine of a right to choose our own governors from the revolution of 1688, since if we had possessed it before, it is clear that the English nation did at that time most solemnly renounce, and abdicate it, for themselves and all their posterity for ever!!!—Our ancestors wisely considered that howciple of such a right might appear ever speciously the abstract prinin theory, it could never in the nature of things be reduced to practice." Our readers will at once recollect that these sentiments are borrowed from Mr. Burke's infuriated philippic against the French revolution. On this subject the conduct of the revo lutionists of 1688 is the best inter preter of their language: those great men cashiered one king for gross misconduct; they settled the crown on a prince who had no claim from hereditary right: they, on the part of the people dictated their conditions; and in the most effectual and exemplary manner reduced to practice the right which can never be alienated from a free people" that of choosing their own governors." This right has been since exercised on the part of the people, by one legislature, which settled the crown in a particular line, to the exclusion of two elder branches; and has been confirmed by another legislature in 1800, on the union of the two kingdoms England and Ireland, when it was agreed that the crown should continue settled" as by a former act By perusing the whole of the of parliament; and that to maintain exercised. When a writer thus displays his attachment to the doctrine of hereditary claim to govern, and his enmity to the inalienable right of freemeu to choose their own governors, it need not excite surprise, that, although professedly treating of the peculiar rights of his countrymen, he should handle the subject in so partial and so superficial a manner, as evidently to shew the little respect he entertains for those rights. Such conduct is, however, the less excusable in our author, as the book laying before him afforded such admirable instructions on this part of the subject: and here we must complain of the unfair representation of the language of Blackstone, contained in the following paragraph. "In a free state every man, who is supposed to be a free agent, ought to be in some measure his own governor; and therefore one branch of the legislative power very properly resides in the people, or HOUSE OF COMMONS. The commons consist of all such men of property in the kingdom as have not seats in the house of lords; every commoner having a voice in parliament, either personally or by his representative." Let us now turn to Blackstone. "The commons consist of all such men of any property in the kingdom, as have not seats in the house of lords; presentative. In a free state, every man every one of which has a voice in parlia ment, either personally, or by his rewho is supposed a free agent, ought to be, in some measure, his own governor, and therefore a branch at least of the legislative power should reside in the WHOLE BODY OF THE PEOPLE: and this power, when the territories of the states are small, and its citizens easily known, should be exercised by the people in their aggregate or collective capacity, as was wisely ordained in the petty republics of Greece, and the first rudiments of the Roman state. But this will be highly inconvenient when the public terdegree, and the number of citizens inritory is extended to any considerable creased.-In so large a state as ours it is therefore very wisely contrived, that the people should do that by their representatives, which it is impracticable to perform in person; representatives, chosen by a number of minute and separate districts, wherein all the voters ale, or easily may be distinguished.-In our constitution, only such voters are entirely excluded, as can have no will of their own: there is hardly a free agent to be found, but what is entitled to a vote in THIS IS THE SPIRIT OF OUR CONSTITUsome place or other in the kingdom. TION: not that I assert it is in fact so perfect as I have endeavoured to describe it; for if any alteration might be wished or suggested in the present frame of parliaments, it should be in favour of a more complete representation of the people." "The principle," says Mr. Custance upon which the constitution of suffrages is framed in this country, "is to combine as much as possible "both numbers and property; so "that there is scarcely an individual "who has real property but who has "also a vote in elections in some part . 66 * Blackstone's Commentaries, book I. chap. 2. Montesquieu has a variety of observations similar to the above in his Spirit of Laws, book XI. It was the opinion of a distin guished senator, who flourished in the last reign (Sir J. St. Aubyn,) "That the act declaring the right of the people to triennial parliaments, stands a part of the original contract under which the constitution was settled at the revolution; that his Majesty's title to the crown is primarily derived from that contract, and that any deviation from it ought to be treated as so many injuries done to that title". Now, as Mr. C. Is so ready to "shed his blood" in defence of the "fundamental principles of our admirable constitution," the of the kingdom or other." If this parliament from seven to fourteen, be true in theory, we may remark, or twenty one years. As to the plea that in practice the case is totally respecting the popish rebellion," different. Mr. C. must be perfectly if those who made it were sincere, conscious, that thousands and tens of they would have been anxious to do thousands of Britons who possess away the innovation as soon as the considerable property have no vote professed reason for adopting it no for representatives: a vast majority longer existed. No one will pretend of the people have, as is acknow- the shadow of danger arising from ledged by Dr. Paley, "no represen- "popish" or any other rebellion, to "tative at all, nor more power or have existed for the past half cen"concern in the clection of those who tury. are to make the laws, than if they "were the subjects of the Grand Sig"nior!" and yet, notwithstanding this glaring defect in our representation, we are gravely told by Mr. C. that "this is the era of liberty in Britain!" The author repeats in the body of the work the sentiments he so courageously advanced in the preface." The history of our liberties was written in letters of blood, which our fathers shed; and we should be ready, if called upon, to transmit a continuation of it in the same indelible characters down to posterity." After these repeated declarations we were somewhat curious to learn the opinion of such a champion of British rights, respecting those scandalous innovations by which we have been deprived of some of the most valuable of those rights. One of the most notorious of these innovations annihilates our right of electing representatives once in three years, and prohibits us from the exercise of it for seven years. On this subject Mr. C. contents himself with coldly remarking 66 most fundamental" of which are pure and frequent representation, we have a right to expect from this high spirited Briton, all the assistance he can possibly afford to those who are zealous to bring about, by legal and peaceable means, a REFORM OF PARLIAMENT; and if our countrymen will but constitutionally, firmly, and perseveringly exert themselves in so glorious a cause, we are persuaded it may be accomplished, and at the same time the "blood" That formerly the parliament of Mr. Custance, may continue to “۔ was triennial; but now the period of its existence is seven years. This alteration was effected by statute 1. Geo. I. in order professedly to avoid the frequent recurrence of expence at elections, and to preserve the peace and security of government, just then recovering from popish rebellion." These miserable pretences might as well have been urged for prolonging the duration of flow in his veins, as freely, and pleasantly, as his " corrupt nature," about which he is so perpetually grumbling, will permit! But our hopes on this subject, as they respect our author, are alas! very faint, when we find him the apologist of those corruptions, so alarming to every real friend of the constitution, and which are arrived at such a height as, to use the em phatic language of the Right hon. the Speaker of the house of Commons, "would have STARTLED our ancestors!" Respecting the most flagrant of those corruptions our author in the first edition of his work, expresses himself as follows: "Pensions and sinecures are liable to be greatly abused; yet the bestowing of them even where no service has been performed or implied, is not always improper, but may sometimes be strictly politic and wise. Every man thinks more highly of himself than he ought to think; and is inore or less under the influence of vanity, pride, selfishness, and ambition. It is, indeed, very easy to raise a cry of bribery and corruption against ministers of state; but a disinterested patriot is a very rare character, at all times, in all countries, and under all forms of government. The scriptures represent every unrenewed man, as proud, and disposed to resist all authority over him. Yet most men in civilized states are so sensible of the benefits of subordination, that they are ready to defend every ordinance of man," provided they themselves may but have a share of the ruling power. They will even be obedient for wrath, but none but the real christian will be so for conscience' sake. If then many of those who, from their talents and rank, have great influence in the country, were not by some means gratified, and thus engaged to support the government for their own advantage: it would soon be overthrown by the united efforts of ambition, and avarice, and pride, and revenge. The minister, therefore, who has the address, seasonably to confer a favour to avoid a greater evil, ought no more to be charged with BRIBERY, than the physician does with POISONING, when he administers an opiate, to allay the irritation of his patient. Doubtless, it is the bounden duty of the government to adopt the strictest economy; but the total abolition of pensions and sinecures would not be politic, if practicable. The burdens of the state, indeed, would probably be no more lightened by such a measure, than a firstrate ship distressed in a storm would be, by the officers throwing overboard their pocket money and trinkets." For this apology for bribery and corruption, Mr. Custance deserves an address of thanks from the united 1 VÒL. VI. bodies of borough jobbers, buyers and sellers of seats in parliament, and from all ministers and their agents who are in the habit of practising bribery in all its various forms. We find this most abominable passage well exposed, by the editors of the Monthly Review, who amidst the apostacy and venality of the times, have preserved their characters as the champions of our civil and religious rights unsullied." That this corrupt cant" (say the Reviewers) "should be circulated among the middling and lower ranks is one of the most alarming symptoms in the present state of the country. Where is the reasoning to stop? Bribing in voters at an election may be preachcd up as a religious duty; and why may not the same or similar means be adopted for preserving the peace of corporations, parishes, mercantile partnerships, and even domestic associations? We are here enabled to contemplate Methodism" [rather the professor of Methodism]" in a new character,-as the avowed advocate and slave of Mammon, endeavouring to throw the cloak of evangelical christianity over the foulest and meanest abuses of worldly wisdom.*" Justice however to Mr. C.requires that the obnoxious passage as altered in the second edition, should be presented to the reader. "Pensions and sinecures bestowed personally or relatively for services to the state, cannot be objected to when they are granted with discretion; but they are greatly abused when given without any regard to real merit. A free government is endangered, whenever the loy alty of its subjects is purchased and probably no state has ever recovered that has been once generally infected with the fatal diste nper of bribery. It is, however, in a moral view, that the evil with us is chiefly to be dreaded. The specious patriot may indeed inflame the popular feelings by an outcry about an increase of taxes for pensioners and placemen; but it is probable that were * Monthly Review for July. |