Newspaper Page Text
Vol. nr.)
ATHENS, GEORGIA: PRINTED BT ALEXANDER M'DONNELL, SATURDAY, JUNE 23, iSxo.
SIR FRANCIS BUKDSTT.
Th- foMq vying extraordinary oub
lkaiion appeared in Ccbbc/s
Regifter of Mar<?h 24.
Sir Francis Burdett to his Corf-itu
ents ; denying the Power of the
linijs of Comment to imprijon the
People of England.
Gentlemen— The Ho life cf
Commons having palLd a vote,
vh eh amounts to a decia adon, that
i\ r-rder of theirs $ to be of more
weight than*Magna C vatta and the
laws of the Land, I think it my
duty to lay my lend menu thereon
before toy couftituents, whole cna
rad if. £.g freemes, and even whole
perfonal faiety, depend in lb great
- degree upon the decifion cf this
q potion —a qurftion cf no lefs ini*
y r anee than this - whether our
fberty be Bill to be fecured by the
laws of our forefathers, or be to >*e
at the abfclute orrey of z part of
cur cdllefttd toge
ther by means which it is not >ie
ctiTary for me deferibe.
In order to give ro this fubt 6b
si] the attention to which it is enti
tled, %c,d to avoid the danger to be
apprehended from partial views and
f crfcnal feelings, it will be advda-
Lle to a-guc the queft on on its own
men's, putting the individual ( now
cver we may deplore his pieieat
futTrHngs) cut of View’ j though at
thd fime time, every man ought to
con Oder the cafe his own j be auk,
(hbuM the principle upon which th*
pmiiSrDsn of the Houc of G> tn
nors have thought proper to a&
hi this inftaiKc, be ones admitted,
it U impoffible to conje&ure how
fry©n he hirafdf may be lumen on ed
from his dwelling, hurried,
without trial, and without oath
ins'd*v agamft him, from tut boE-tn
©f h s fam’dy, into the clutches ot a
gioLr. It is, therefore, new the
tfin* to re flit Ihe dedt / ine, upon
wiih Mr. Jones has b*tn feat to
Newgate; or, his high time to
deaf*’ all pretenfions to thole liber
ties, which were acquired by cur
tbrefa'-hers, after fo many ttruggks,
and fo 512 any facrifices.
Higher the Houle cf Commons
k a jit ho fifed to difpenie v,i..a .he
Laws of the Land or it is not. If
the Conftitution be cm fo delicate a
to x cure, fo weak a fra roe, to fragile
a fubftance, that ft is only to be
fpuken of in teims cf admiration,
tad to be viewed merely as a piece
cf cud, us, but unprofitable work
msnfhin , if Magna Charts, and ail
th§ whokfome Law's ci England,
b* a dead letter i in that caie the
affl/rnarive of the prcpofßion may
be a knitted ; but 11 the Confttu
t’on lives, and Vs applh&ole to its
end, ham'lf, the happineis or the
community, the perfect fecurity of
the life, liberty, and property of
ea'h member, and all the members
Cf the f mice;, then the affirmative
foreign correspondent
gkp
GEORGIA EXPRESS.
K MAHV SHALL RUN TO ASCD FRO, AND K.N3WL3DG2 SMALL SE INCRBA32FM*’
of the proportion car. never be aci
ni.tied ; then mud w t be freemen j
for we need no better fecurity, no
more powerful or© e&ion for our
rights and liberties, than the Laws
and Conftitution. We feek for,
and we need feek for, nothing new i
we jlk for no more than what our
forefathers infilled upon as their
own j we a(k for n > more than
what they, bequeathed unto us $ we
alk for no more than what they, in
the Teftament which fume of tiu m
had fealed, and which the reft of
them were reedy to fcal, with their
blood, exprefsiy declared to be
“ the birth-right of the people of
England, ** namely, u the Laws of
England.” To theft laws we have
a right to lock, with cork ience,
for Security j to thrfe laws the In
dividual now imprifoned has, thro*
me, applied -for red refs in vain.—-
Tnole who have imprifoned him,
have refufed to iiften to my voice,
weakly expreffing the ftrong prin
ciples of the Law', the under able
claims of this Er;giilhman*s “ birth
right.” Your voice may come
with more force, may command
greater refpect ad, lam not w ith
out hope, tha: it may prove irre
fift.ble, if it proclaim to the Houle
of Ccrnosona in the fame tone as
the torgues of our anctft&rs pro
claimed to d'e Kings off id, ftNo
lumus Leges Angi as Mutari j” or
in our own more clear and not lefs
forcible language, “ The Laws of
England (kali not be changed.”
The principle, fellow z* ?,
for which we are now contending,
is the fame principle for whi:h rcc
people of England have con.en id
from the eafi.cft s, and th ir
glorious fuccefs, in which cont-iis
are now upon record in the G. a'.
Charter of our Rights and L b n -Vs,
and in divers other fubf.q 1 jL
Statutes, of fcarcciy kfs imp -
ance. It was this fame g-ea: , r -
cipie, which was again t’a k-d by
Charles the Firft, in the rn afo e of
fhip monies, when aga n thi. peo
ple of England, ai dan u con up ed
irioufe of Commons, renewed the
con eft ; a coateft which ended In
the imprifonment, the dl l, tne
condemnation, and the execution of
that i 1 advifed K ng. The fell
fame principle it was, that was i >
daringly violated by h s fan, James
the Second ; for which viola ion h®
was compelled to fl t from the juft
indignation of the peopk, who net
only ftript nimof h scrown, but who
prevented that crown from deLend
ing to his family. In ali thefecoa
tcits, the courage, pcrfeveranc?,
and fortitude of our ccn
lpicuous as they were, were not
more lo than their w idem ; icr
talk as long as we will about rights,
liberties, franchifts, privileges and
tmmunuies, of what avail are any,
or all of thefe together, if our per
fjr.s can, at iks iois will and com-
mand of any man, or let of men, be
feized on, thrown into pnfon, and
there kept during the pieafure of
that man, or let of men ? II every
one of you be liable at any time to
be fent ro gaol without trial, and
without oath made againft you, and
there to he detained as long as it
pleak3 the parties fending you
there, (perhaps to the end of your
life) without any court to appeal to,
without any means of ret!refs. If
this b? the cafe, foall we Bill boafl
of the Jaws and 1 bercks ot Eng
land ? Volumes have b on writetn
by foiflgnetf?, as wdl as by our
own ccuatrymea, in pra L of that
part of our law, which, in fo ad
m rabb a manner, provides for our
perlonil lafety againft any attacks
of me j in power. This has, ir>-
de<d,-bcn, in all ages, the pride
of ur country ; and it is the rnain
tenancs 1 f tlvs principle which en
abled us to efcaoe that bondage, in
whirh all the llires and kingdoms
i Europe were enthralled, by aban
don-. gand yielding it op ; and, w t
m'i y be a IT-j , caa; if weno .7 a
-on it, the birth oa s of Eng
land’s gbry will it., in the r got of
her difgrace.
But 1 would Gin believe thar fu-:h
is not to be cur fv.e. Our ferrta
tbers made Hern grim-vi aged Pre
f'.tivie hide his head -they broke
ieces his fliarp ami .m'affy (word.
iKhd fliall we, th< ir 1 0ns, be afraid
to freer the lifts with undefined
Privilege, affutriir,g the powers cf
Prerogative ?
I &uil be told, perhaps, that there
is not much danger of this power
being very frequently exercifed.-
The fame apology mav be mads
for the exerciie of any power what
ever. I do rot fuppole th?t the
go tlemen of the Houle a Com
t&jßS will/lend any of you to gaol,
when v nu do not (if. leak them.—
M . Ywrke did not move for the
lending of Mr. Jones co gaol, until
Mr. Jones dsfplealed hi n ; bu* it
is riot a verv great compliment to
pay any.conlh-ution, to lay mat it
and h-s not permit * rn -ia to be irapri
foned, unit Is he his done 1 rne
thing to and fpioak* per Tons in power.
It would be diffirult, i llioui i Sup
pole, to find any man upon earth,
however cielpotic his diipontion,
who would not be contented with
tae power of fend.ng to prifon,
during his pleafure, every one vro
fnauid dare to do any thing to dil
p.cife him B: filer, when Tarn
Cold, that there is little danger that
t~e gentlemen of the iLufe of
Commons wiil iJv.tu exerc;iet :s
power, I cannot help ©bferving,
that, though the examples may be
fc-v their cff.d: wiU nam rally be
gi>2: and gensr h At this r> >-
inert, it is true, we fee bur cac am
actoiiiy in gi'-l, for d*iple.-ii wOo.s.
gentlemen i but the fate ot tiv.a one
mar-, is the aif-d. gi aU^pun;i*i-
(Nd. 105.
menrs) will defer others from ex
po fling their opinions of the con
dud of thole who have the power
to punifh them. Arud, moreover,
ir is in the nature of all power, and
efpecialiy of aiTumed and undtfi .ed
power, to increale es it advances ia
age ; and, as Mrgna Chasta and the
law of the land has not been ioffic’-
ent to proreef Mr. Jones; as we
have Teen him fent to gad for hav
ing deferibed the conduct and one of
the ,members as an eucrsg* upon
public f.elirg, what fecuricy have
we, unleis the pow-r of imorT n
meflt br given up, that we ftnli not
fee other men fent to 1 for ftat
ir.g their opinions of rotten bo
roughs, refpedi’'g placemen and
penltiners fiicii g n the H life - 3 or,
in fhorr, for n*aking any declara
tion, giving any opinion, fti'w g
any Lcl, betraying any feeling,
whether by writ ng, by word of
mouth, or by gefture, which may
difplrsfe £ny of the gentlemen af
fembled in St. Stephen's chapel ?
Then again as to the kind of pu-
Liftmaent ; Why fhould ftop
at Ending perfons to gaol ? If they
can fend whom they pleale ro gaol i
if they can keep the perfons* fo
Lnr, in gaol, as long £9 the - pi cafe ;
if they can lrc their priToners fee ?z
the end of the firft hour, r r la ep
them cor.fiaed for feveri years ; >r,
in fhor", their abfolute will is to
have the force cf law,, what fecu- T.y
can ynu have that they will {Top at
imprifo men: ? If they have the
abfolute power of impr’.fonir.g ar.d
releafmg, why may they not fend
their pnfoners to York gaol, as
well as to a gaal in London ? Why
rot confine men in lolitary cells, or
lo<d tfeetn with chains and boles ?
They have not gone thek lengths
yet; but what is there to ri ftrain
them, E they are to be f E* ju Ig a
of the extent of their own powers,
ad it they arc fo cxerciie thofer
powers without any control, ani
without leaving th-a parties, whom
they choofe to puni/h, any rnea s
of appeal, any means of redref. ?
d’hfit a power Rich as this ffnnM
cx’ft in any country, it Ts Amenta*
hie to be ob! g and to believe j btr,
that it fliuui 1 be ft tTered to ex ft,
and that its exiftence Iho ’ld be o
per.iy and even boaftcdly avowed,
in a country, who (It chief glory has
been its free ccnftiiucion of govern
ment, is fomerhing too m j-.ftrbus
to be believed, h the proof were
mt b*fore cur eyes. lEd the lenft
doubt hung on tnv mind, of the ft
legality cf the proceed-og* in
p'eknt cak, ic vjouH have beei
altogether removed by the anfWti*
given to the references made by vko.
to the great luin nt.de* of our L •/,
a?si to the Saws OamC-tves. T
argument, by which I endeavored
to convince the gentlemen < l ■""t
Ilat-fe of Comm .ns, ?ha: tl-'k n:t*
i i ‘.iia C u.C 0 j WAI :iL