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liament had given to their former of useless spots, where our army measures, it was ft that they should may be divided, and our hospitals repeat their operations at all events filled. There wanted but one cirin Spain. But it was desirable, al- cumstance to make the history of So, that they should present the these events complete ; and that too same design upon an enlarged scale has been added by the combined elsewhere, both for the purpose of force of genius and fortune. The showing that their forte was not balance of force between Austria and confined to Spanish campaigns, and France was, for the first time since to exhibit a specimen of the art, 1800, alınost egual; and half the where the motit was entirely their disposeable force of England would, own, and could not be divided with it seasonably and judiciously direct their allies. It was further proper, ed, not, indeed, in the beautiful Bay that after the approbation expressed of Naples, or against the iron wall by parliament, of the system of frit- of the Netherlands, but in the Gulph tering down our immense resources, of Trieste, have sufficed to turn iss und attempting many unattainable in favour of our ancient ally, and uf things at once, the whole power of European independence. England should be drawn forth and. The parliament of England is aenployed at once in three distinct bout to assemble once more; and and simultaneous failures. To de- the authors of our calamities cannot monstrate, therefore, that, if the new prevent their conduct from being at Spanish campaign was undertakon least brought before that illustrious with inadequate forces, it was not tribunal. llitherto they have not owing to the want of a suficient are made any defence; nor have they my, they sent, at the same moment, even hinted that they had any to an expedition of a few thousand make. They have admitted all their men against the body of tho French failures to be complete and fatal; power in Italy; and dispatched ano- they have confessed, that the opporther armament to invade France in tunities they have lost will in all the Netherlands ;-- thus contriving, prohability never return. After a with that superior talent which is few wretched attempts to divide the ever aiming at combined operations, blame among themselves, in shares that comprehension of mind which different from those in which the makes all its movements mutually country is disposed to apportion it, dependent, and forms of the whole they have been compelled to avow line of its operations one vast and that among themselves it must all solid plan;-contriving, in a word, he divided, and upon them alone with that last reach of genius, which must the responsibility rest. They they had caught from their enemy, have not dared to deny, that the to make Sir J. Stuart's failure sup- prospects of the continent are become port Sir A. Wellesley's, and to com- more dismal than ever; that its conbine both those movements with the fidence in England is gone; that the failure of Lord Chatham, to cover map of Europe, from Moscow to and give effect to the whole !
Paris, and from Lapland to Calabria, The diversion at Procida and Is- vífers to the eye only a collection of chia is now finished; but trophies states, aggrandized by her hostility, still remain from the other parts of or ruined by the perilous bounty of the plan. We retain an unhealthy her alliance. Abroad and at home marsh in Estremadura, and keep a which way soever the eye can pestilential island in Holland, be- turn, our rulers have amply admitcause the whole of the West Indies ted, that our affairs are only not is not furnish a sufficient number desperate, and have themselves come VOL. VI.
forward to declare, that the empire representative of the country; in the is reduced to a state of difficulty, other, we shall have a conclusive from which there can be no prece- proof that the ministers of the crown dent of its ever havingescaped in for are irremoveable. The responsibi. mer times.-And after all these con- lity of our rulers, that fairest fea. fessions, their only excuse, the only ture in the theory of the constituattempt they make to regain the 'tion, will be no longer even a name, confidence of the people, is to tell wherewithal to round parliamentary us, ' that the King has reigned fifty periods; and the people will thenceyears” They have ruined our allies; forward recognize, in the great counthey have failed in every plan; they cil of the nation, not the guardian of have brought us through slaughter their interests, and the champion of and disgrace, loaded with ignominy, their rights, but a well contrived inand weighed down with almost in- strument of taxation! tolerable burthens--to the very brink . The consequences of such a deciof destruction :--but the King is sion, therefore, will be productive very old,' and he has reigned above of incalculable mischief; it will comhalf a century !
plete the alienation of the country It now remains to be seen, whe- from the government, and shame ther that parliament, which stands away the boldest defenders of the in no need of reformation—which is present system. In the mean time, a fair representative of the people of the pressure of the war, and of the England—which speaks the senti- public burthens, will rapidly inments of the country will be satis- crease. The scene of hostilities will fied with this set off; and once more approach to our own shores; and acquit the ministers of all blame for the taxes, which, like the war, have their recent mismanagement. Hold- as yet only been felt at a distance, ing, in common with the parliament will at length come home to every itself, the doctrine of its purity and man. This truth will then break of its sufficiency to sure the stute, we upon the minds of all, even of the cannot anticipate such a decision. But most confiding and inconsiderate, if, unhappily, we should find ourselves the truth with which we opened the mistaken ; if, again, every measure present discussion that there is an and every minister be covered over intimate and necessary connexion with its approbation, then we will between the foreign policy of the venture to predict, not that the go- state, and the happiness of each invernment is acquitted, but that the dividual within its boundaries; that parliament stands condemned ; and every man who pays taxes- every we shall MOST UNWILLINGLY BE man who values the security of his COMPELLED TO APPEAR IN THE property, or his own future safety FOREMOST RANK OF THOSE WHO from foreign dominion, is immediMUST ACKNOWLEDGE THAT THEY ately affected by the inismanagement ARE CONVINCED AND CONVERTED! of the war; that not a plan falls to --For it is needless to disguise the the ground, not a bad appointment matter. A refusal to punish the of commander or ambassador is made authors of our misfortunes can only at court, not an opportunity of beamean one of two things- either that ting the enemy in councils, or in there has been no blame incurred arms, is lost, without our being, or that it is incxpedient to declare little sooner, or a little later, indiit, because such a resolution would vidually sensible of it. What will drive the guilty persons from the go- then remain for the people to do, vernment. In the one case, the par we need scarcely point out. If they lianient will show that it is not the value their personal happiness and
national independence, they will until their efforts shall have restored watch over their rulers with redoub- the indisputable connexion between led jealously, and never rest satisfied misrule and retribution !
IR EDINBURG! REVIEWERS
one of whom thus expresses himself: LETTER II.
" What topicks of reasoning have
“ they left unessayed? What texts of MR. EDITOR,
“ scripture have they left unpervert. My first letter in reply to the rea “ ed? What histories and writings sons or rather the objections against " of foreigners, and foreign nations, Reform, stated by the Edinburgh, “ have they left unsearchedl? And Reviewers, was of a general and in- " whatinconsistencies in nature have troductory nature; it consisted, in- « they left unattempted, to collect deed, of little more than a plea put « materials, partly to batter and beat in, on behalf of the people, against w down, and partly to sap and unthe nefarious attempt of these gen- dermine this constitution and haptlemen to deprive them of their an- “ py forın of government?"* The tient and undoubted right to a third friends of liberty' will be unanimous part of the legislature.--I am sorry in the opinion that it is worth conthat an unavoidable absence of six tending for: they will not scruple to weeks rendered it impossible for me hold it by military service, if the to continue my observations on this, wayward passions of men, and the according to my estimation, importeinptation produced by so great 'a. tant cause, in which I shall now prize will not permit them to retain proceed to call evidence, and bring it by a more peaceable tenure. In it to a hearing before the grand tri this contest, however, which it is to bunal of the public. '
be feared is too closely interwoven, The evidence, Sir, in this case, with the condition of human nature. consists of the fundamental laws and to have a speedy termination, if any, institutions of our ancestors, toge- the parties stand upon very different ther with such authorities, as it was grounds: the one are upheld by impossible for me, before my return laws, custoins, charters, and other to my own library, to have recourse documents of unquestionable authoto: these Sir, will establish, beyond rity; the other depend totally upon all question, the right of the party their own ingenuity, on cavilling, on whose cause I espouse a cause so the art of mis-stating, and sometimes good that it need fear no danger of ridiculing facts too stubborn to be even in the hands of so feeble an ad- gainsayed, or frittered away by finevocate; lest, however, I should not spun metaphysical arguments. What do it the justice it deserves, I shall is there Sir, in this world, so sacred endeavour, as much as possible, in- and so well established, as to be pers stead of my own words, to make use fectly shielded from such kind of atof the words of those who on former tacks? But this, permit me to say, iş occasions, have had the honour of a sort of warfare I equally. detest defending it: for as it has had bott'. * Acherley's Britannic Constitution. vits secret and avowed enemies in P. 154.
and despise. I scora to return sq- . importance, not only to-themselves, phistry for sophistry, or waste the but to us their descendants. seader's time and my own, in detec “ The freedom of an Englishman ting the specious and flimsy covering (says the learned and acute Bacon) with which these literary resurrec- " consisteth in three particulars: tion-men have vamped ap many of "First, in the ownership of what he their skeleton arguments, which are" hath : secondly, in voting any law indeed but the rotten relicks of those « whereby that ownership is to be forces with which the Bradys, the “ maintained; and, thirdly, in haHumes, and the Paleys of former" ving an influence upon that Judi. days attacked in vain the citadel of “ ciary power that must apply that British freedom: my wish, Sir, is law."**. not to confound the subject by sub- Now, Sir, as these points comprise tle disputation, but to illustrate it the freedom of an Englishman, I by matters of fact; the plan therc- beg leave to ask, if more efficacious fore according to which I shall pro- means could be devised even by ceed is, to ascertain, first of all, the modern wisdom, for insuring them, elementary principles of our constitu- than the following institutions, which tion, which will furnish such of your will constitute the subject of this readers as have not the leisure, or enquiry: That no money should be the means of engaging in these stu- taken from an Englishman in the dies, with a true standard, and an way of taxes or otherwise, but by infalible criterion, by which they his own free consent;--that no law themselves will be enabled to detect should be imposed upon him as a the visionary fights, and extravagant rule of conduct to which he had not aberrations of these northern cri- given, by himself or his delegate, a tics, and measure to a nicety how solemn approbation and that na far they have deviated from the judicial proceedings should be put straight line of the constitution. in force against his person or pro
It is an observation made and ap- perty, to which twelve men, imparplied to this very subject by the au- tially chosen from among his peers thor I have already quoted, that or equals, had not giveni, upon oath, “the essence of a thing is best known a conscientious and awful sanction! " and discovered by the properties of Permit me, Sir, to repeat in this " that thing." This is the point of place a remark made in my former view in which it is proposed to con- letter. “That is not mine which I sider the English constitution. What “hold only so long as apother per: purpose was it intended to answer? "son shall forbear to take it from The purpose, Mr. Editor, that it “me."--Now, the fact is, that 154 was intended to answer, and forborough-mongers do, exercise that which we shall find it adınirably a- taxative controul over the property dapted, was to secure the property of the people of England, which they of the people: and, says the just quo- themselves ought alone to exercise, fed writer," it is impossible not to according to the principles of the
see, and conclude, and acknow- constitution; and therefore that oth“ ledge, that every part of the peo- ership which was the main object in & ple had a great share in the first tended to be secured by our forefa"formation of it, and that they were thers in the government that they “ rational and thinking men." established, is subverted, violated,
Let us see, then, what means these “ rational and thinking men" * Discourse of the Laws and Governs took, to insure a point of such vast ment of England, folic, p. 84
and destroyed; and therewith the we find it from the most antient constitution itself must be, by a na times, to have been a popular righ tural consequence, subverted, viola- recognised and asserted by the com ted, and destroyed also: this I main- mon law, and confirmed by various tain; but the Edinburgh Reviewers charters. do, on the contrary maintain, that The most antient book that we can the present system of parliamentary refer to, for the purpose of informing representation is consistent with the ourselves respecting the laws and cus principles of the constitution; and toms of our ancestors, is THE MIR that a reform, in which the people ROUR; it was written, as its title-page would be truly represented, would be expresses, before the conquest, and much more likely to prove a violar some of the customs detailed in it tion of the constitution, than the have even a strong tincture of Pacontinuance of corruption and bo ganism.* In the Mirrour we have rough-traffick: on this point we are an account of all the judges hanged at issue, and the decision must dee. by Altred: this account furnishes us pend upon authority, not upon the, with two very important facts; the reasonings or assertions of either the one is, that no money or goods (for one or the other of us; and there- payments were antiently made even fore, if I can establish the points al, to the exchequer in goods, and by ready adverted to, as the elementary the Saxons called cattle Live-money). principles of our constitution, I could be taken for the King's use shall expect, from the candour of without the consent of the subject; the Reviewers, an acknowledgement and the other fact is the existence of of their error; but should they not Boroughs. Hale was the 17th judge possess sufficient liberality to induce that Alfred hanged, and his crime them to make such acknowledgment, is thus expressed. “ He hanged I shall at least accomplish among "Hale because he saved Tristram your readers the purpose for which “ the sheriff from death, who took I have taken up the pen.
" to the King's use from another's I need not tell the informed reader, “ goods against his will, for as much that our fundamental laws are the “ as any such taking from another aLeges non scriptæ, or unwritton laws" gainst his will, and ROBBERY, hath 10 which our law books often refer. " no difference! He hanged the For instance, if any man should “suitors of Dorchester, because they ask where is the law by which the judged a man to death by jurors in trial by jury was first instituted; the “ their liberty for a felony which he answer would be, that we kpow of “ did out of the liberty, and whereof po law enacting such a mode of trial; that it is a custom primeval In the right of appeal for murder, with the institution of our govern- that is the right of prosecuting the murment, ard referred to by many laws
derer, it is said, that this shali helong to as a thing already known and esta
the wife of the person murdered, but not
- to any of his wives, to her only who lay blished, but originating in none, and in his arms when he was murdered, for for that reason it is properly called she had the seizin of his person. This an" unwritten law." What is here right was of importance, because the apa said of this institution, which is the pellant received part of the fine, and this third in the list just enumerated, regulation respecting it, shews that our may also be said of the first.“ that no ancestors had not yet quite forsaken their
Pagan custom of polygamiy,or repudiation " money shall be taken from an En
when that ancient book was written; a " glishman without his own free con- fact which I believe has not been 10" sent.” We find no law in which this ticed by any of the modern writers who principle inay be said to originate, but have consulted it.