the same persons, who had ordered that it should at first be received with rejoicing, availed themselves of his Majesty's high authority to give a harsh reproof to the City of London for having prayed 'that an enquiry might be instituted into this dishonourable and unprecedented transaction.' In their petition they styled it also 'an afflicting event—humiliating and degrading to the country, and injurious to his Majesty's Allies.' And for this, to the astonishment and grief of all sound minds, the petitioners were severely reprimanded; and told, among other admonitions, 'that it was inconsistent with the principles of British jurisprudence to pronounce judgement without previous investigation.'
Upon this charge, as re-echoed in its general import by persons who have been over-awed or deceived, and by others who have been wilful deceivers, I have already incidentally animadverted; and repelled it, I trust, with becoming, indignation. I shall now meet the charge for the last time formally and directly; on account of considerations applicable to all times; and because the whole course of domestic proceedings relating to the Convention of Cintra, combined with menaces which have been recently thrown out in the lower House of Parliament, renders it too probable that a league has been framed for the purpose of laying further restraints upon freedom of speech and of the press; and that the reprimand to the City of London was devised by ministers as a preparatory overt act of this scheme; to the great abuse of the Sovereign's Authority, and in contempt of the rights of the Nation. In meeting this charge, I shall shew to what desperate issues men are brought, and in what woeful labyrinths they are entangled, when, under the pretext of defending instituted law, they violate the laws of reason and nature for their own unhallowed purposes.
If the persons, who signed this petition, acted inconsistently with the principles of British jurisprudence; the offence must have been committed by giving an answer, before adequate and lawful evidence had entitled them so to do, to one or other of these questions:—'What is the act? and who is the agent?'—or to both conjointly. Now the petition gives no opinion upon the agent; it pronounces only upon the act, and that some one must be guilty; but who—it does not take upon itself to say. It condemns the act; and calls for punishment upon the authors, whosoever they may be found to be; and does no more. After the analysis which has been made of the Convention, I may ask if there be any thing in this which deserves reproof; and reproof from an authority which ought to be most enlightened and most dispassionate—as it is, next to the legislative, the most solemn authority in the Land.
It is known to every one that the privilege of complaint and petition, in cases where the Nation feels itself aggrieved, itself being the judge, (and who else ought to be, or can be?)—a privilege, the exercise of which implies condemnation of something complained of, followed by a prayer for its removal or correction—not only is established by the most grave and authentic charters of Englishmen, who have been taught by their wisest statesmen and legislators to be jealous over its preservation, and to call it into practice upon every reasonable occasion; but also that this privilege is an indispensable condition of all civil liberty. Nay, of such paramount interest is it to mankind, existing under any frame of Government whatsoever; that, either by law or custom, it has universally prevailed under all governments—from the Grecian and Swiss Democracies to the Despotisms of Imperial Rome, of Turkey, and of France under her present ruler. It must then be a high principle which could exact obeisance from governments at the two extremes of polity, and from all modes of government inclusively; from the best and from the worst; from magistrates acting under obedience to the stedfast law which expresses the general will; and from depraved and licentious tyrants, whose habit it is—to express, and to act upon, their own individual will. Tyrants have seemed to feel that, if this principle were acknowledged, the subject ought to be reconciled to any thing; that, by permitting the free exercise of this right alone, an adequate price was paid down for all abuses; that a standing pardon was included in it for the past, and a daily renewed indulgence for every future enormity. It is then melancholy to think that the time is come when an attempt has been made to tear, out of the venerable crown of the Sovereign of Great Britain, a gem which is in the very front of the turban of the Emperor of Morocco.—(See Appendix D.)
To enter upon this argument is indeed both astounding and humiliating: for the adversary in the present case is bound to contend that we cannot pronounce upon evil or good, either in the actions of our own or in past times, unless the decision of a Court of Judicature has empowered us so to do. Why then have historians written? and why do we yield to the impulses of our nature, hating or loving—approving or condemning according to the appearances which their records present to our eyes? But the doctrine is as nefarious as it is absurd. For those public events in which men are most interested, namely, the crimes of rulers and of persons in high authority, for the most part are such as either have never been brought before tribunals at all, or before unjust ones: for, though offenders may be in hostility with each other, yet the kingdom of guilt is not wholly divided against itself; its subjects are united by a general interest to elude or overcome that law which would bring them to condign punishment. Therefore to make a verdict of a Court of Judicature a necessary condition for enabling men to determine the quality of an act, when the 'head and front'—the life and soul of the offence may have been, that it eludes or rises above the reach of all judicature, is a contradiction which would be too gross to merit notice, were it not that men willingly suffer their understandings to stagnate. And hence this rotten bog, rotten and unstable as the crude consistence of Milton's Chaos, 'smitten' (for I will continue to use the language of the poet) 'by the petrific mace—and bound with Gorgonian rigour by the look'—of despotism, is transmuted; and becomes a high-way of adamant for the sorrowful steps of generation after generation.
Again: in cases where judicial inquiries can be and are instituted, and are equitably conducted, this suspension of judgment, with respect to act or agent, is only supposed necessarily to exist in the Court itself; not in the witnesses, the plaintiffs or accusers, or in the minds even of the people who may be present. If the contrary supposition were realized, how could the arraigned person ever have been brought into Court? What would become of the indignation, the hope, the sorrow, or the sense of justice, by which the prosecutors, or the people of the country who pursued or apprehended the presumed criminal, or they who appear in evidence against him, are actuated? If then this suspension of judgment, by a law of human nature and a requisite of society, is not supposed necessarily to exist—except in the minds of the Court; if this be undeniable in cases where the eye and ear-witnesses are few;—how much more so in a case like the present; where all, that constitutes the essence of the act, is avowed by the agents themselves, and lies bare to the notice of the whole world?—Now it was in the character of complainants and denunciators, that the petitioners of the City of London appeared before his Majesty's throne; and they have been reproached by his Majesty's ministers under the cover of a sophism, which, if our anxiety to interpret favourably words sanctioned by the First Magistrate—makes us unwilling to think it a deliberate artifice meant for the delusion of the people, must however (on the most charitable comment) be pronounced an evidence of no little heedlessness and self-delusion on the part of those who framed it.
To sum up the matter—the right of petition (which, we have shewn as a general proposition, supposes a right to condemn, and is in itself an act of qualified condemnation) may in too many instances take the ground of absolute condemnation, both with respect to the crime and the criminal. It was confined, in this case, to the crime; but, if the City of London had proceeded farther, they would have been justifiable; because the delinquents had set their hands to their own delinquency. The petitioners, then, are not only clear of all blame; but are entitled to high praise: and we have seen whither the doctrines lead, upon which they were condemned.—And now, mark the discord which will ever be found in the actions of men, where there is no inward harmony of reason or virtue to regulate the outward conduct.
Those ministers, who advised their Sovereign to reprove the City of London for uttering prematurely, upon a measure, an opinion in which they were supported by the unanimous voice of the nation, had themselves before publickly prejudged the question by ordering that the tidings should be communicated with rejoicings. One of their body has since attempted to wipe away this stigma by representing that these orders were given out of a just tenderness for the reputation of the generals, who would
