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State of Public Affairs. 267
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Lit Various Period , Different Questions...
The Uttres de cachet were the most grievous part of the old French tyranny ; and who shall say , that a speaker ' s warrant , if allowed to the extent that * oni e people would grant it , may not in a future time inflict as great a terror in the people of England ! The spirit , therefore , that has been excited by the late events in several counties , cities , and towns , is nothing more than what Englishmen ought to possess : and it has led to the inquiry into the present constitution of the House of Commons , which , from the innovations of time , has departed widely from its original design , and calls imperiously for a reform .
Sir Francis Burdett took the earliest opportunity of defending his rights . His solicitor served the speaker and the serjeant of the House of Commons , and the governor of the Tower , with notices of the actions to be brought against them , and the damages were laid to a great extent , but by no means greater than
the case required . The intervention of the holidays prevented the House from examining into the case , and it was neglected for some time after the meeting , when at last the House found it necesary to come to a decision on the propriety
and means of defence . Very high language was used upon this occasion . One would have supposed , that several gentlemen , who spoke upon this subject , conceived themselves to be Popes , and that such was the transcendant nature of
their situation , that it was profaneness and impiety in vulgar mortals to call in question any of their acts and deed ? . To plead in a court of law was a degradation , and the solicitor and any man who served this warrant or future warrants , was to be committed , . A sounder judgment prevailed . A committee was appointed to examine precedents , and the
result of the whole was , that the speaker and Serjeant should be defended by the attorney-general , and the case is now entered in the courts , the speaker having obtained leave from the court to plead several matters , to wit , not guilty upon the whole declaration , and for farther plea to breaking and entering the plaintiff ' s messuages , a justification under the resolution of the House of Commons .
Thus the question will be ably argued . We . shall at least have the satisfaction of knowing , what learned men can say upon this subject , and parliamentary history will he developed on both sides .
Lit Various Period , Different Questions...
The main question is , the power of the House to take up a subject rof Britain , and to imprison him for writing a book displeasing to them ; and the next , the mode of executing the warrant . On the first head , we shall recommend our readers to the , 37 th and the 38 th chapter * of the prophet Jeremiah , in which they
will see what is the consequence of leaving men to be judge , prosecutor , and jury , in their own cause . A prophet of God was treated in the most shameful manner , for speaking the truth ; and we cannot expect that passion and prejudice will have less weight in
these than in former days . It is absolutely impossible for man to give just judgment , when he has self-interest prejudice and passion , to sway him on the one side , and he is controlled by do chect on the other , by no oath towards God , no fear of his fellow-creatures , and no regard for public opinion .
The outrages committed on the seizure of Sir Francis Burdett , have given rise to an inquiry by the Lord Mayor and the court of Aldermen ; but it is far from
being satisfactory as to the few points which they investigated , much less is the history of the eventful days properly explained . It is ascertained that a great number of persons were wounded , but the circumstances of the cases have not
been sufficiently developed . The verdict of the two coroners ' juries remains upon record , and though the culprits have hitherto escaped detection , it is not at all improbable , that they will be here * after brought to their trial . For the
sake of the corps , as well as of the men labouring under this stigma , it is desirable . If they are innocent , their innocence will be declared in the sight of the country : if guilty , we may be sure that their guilt will be modified by
existng . The city of Westminster was early in declaring its sentiments on these topics , which it did in very spirited resolutions , in an animated remonstrance to the House of Commons , and in a very affectionate address to Sir Francis Burdett ,
Their example has been followed in various places , and generally in the same manner , and the House of Commons has been put under the disagreeable necessity of hearing facts stated , at "which , according to the speakers expression , our ancestors would have startled with horror and indignation * Several petition g have been in consequence rejected , being
State Of Public Affairs. 267
State of Public Affairs . 267
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), May 2, 1810, page 267, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/mrp_02051810/page/51/
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