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; SIR FRANCIS BURDETT
TO HIS CONSTITUENTS.
. Dewing the Power cf the Houfe of
Commons to imprifon the People
of England.
Gentlbmen,
The houfe of Commons hav
ing pnlfed a vote, which amounts
to a declaration that an order of
theirs is to be of more weight
thah Magna Charta and the laws
of the land, I think it my duty
to lay my fentiments thereon be
fore mycondiluents, whofechar-
acter- as free men, & even whofe
pcrfonal fafety, depends in fo
great a degree, upon the decif-
ion of this queftion—a queftion
of no lefs importance than this:
whether our liberty be flil! to be
feeiufed by the laws of our fore
fathers, or be to lie at the abfo-
lute mercy of a part of our ft 1-
Io w-fubjefts collefted together by
means which it is not neceffary
for me to defcribc.
In order to give to this fubjeft
all the attention to which it is en
titled, and to avoid the danger
to be apprehended from partial
tiews and perfonalfeeling, it will
be advifable to argue the quef
tion on its own merits, putting
the individual (howet er we may
deplore his prefent bufferings)
out of view ; though at the fame
time, every man ought to confi-
ricr the cafe his own ; becaufe
fhould the principle upon which
the gentlemen of the Houfe of
Com nous have thought proper
to aft in i his inftance, be once
admitted it is impoffible for any
cne to conjefture how foon he
himfelf may be fummoned from
his dwelling, & be hurried with
out trial, and without oath made
againft him, from the bofotn of
'his family hro the clutches of a
jailor. It is, therefore, now the
time to refill: the doctrine upon
which Mr. Jones lias been lent to
Newgate ; or, it is high time to
ceafe all pretenfions to thofe Li
berties, which were acquired by
our forefathers, after fo many
druggies and fo many facrifioes.
Either the Iloufeof Commons
is authorifed to difpenfe with the
laws of the land, or it is not. If
thsoonflitution be offo delicate a
texture, fo weak a frame, fo fra
gile a fubft ince, that it is to be on
ly fpoken of in terms of admira
tion, &, to be viewed merely as a
piece of curious but unprofitable
workmanflvp ; if Magna Charta,
and all the wholefome laws of
England, be a dead letter; in that
cafe the affirmative of the propo
rtion may be admitted ; but if
tile conilhution lives, and is ap
plicable to its end, namely, the
( happinefs of the community, the
perfed fecurity of the life, liber
ty and property, of each mem-
ber, and all the members of the
lociety, then the affirmative of
the proportion can never be ad
mitted ; then muff we.be free
men ; for we need no better fecu-
rity, no more powerful protec
tion, for our lights and liberties
than the laws and conftitution.
We feek for, and we need let k
for, nothing new. We aik for no
more than what they bequeathed
tunto us ;—we afk for no more
than what they, in the Teftament
which fome of them had. foaled,
and which the reft of them were
jeady to feal, with their blood,
expresfly declared to be “ the
birth ri^Jt of the people of Eng
land,” namely, “ the laws of
England.” To thefe laws we
have a right to look with confi
dence, forfecurity : to thefe laws
• the individual now improfoned
lias, through me, applied for re-
drefs in vain. Ihofe who have
impriumed him, have refilled to
liften to my voice, weakly ex-
preffing the ftrong principles of
the law', the undeniable claims ol
this Engliftunan’s *.*. birth right”
Your voice may come with more tor the fending of Mr. Jones to f the gentlemen of the Houfe of
orce, may command greater rel- jail, until Mr. Jones difpleafed J Commons, that their afts, in the
pect; Sc, I am not without hope, him ; but it is not a very great ! cafe of Mr. Jones, were illegal 1
that it may prove irrefutable, if it compliment to pay to any confti- J fhall now lay before you, in a
proclaim to this Houle of Com- tution to fay, that it does not I more full & connected way than
mons, m the fame tone as the permit a man to be imprifoned, ! it could poffibly be done by the
tongues cf our anceftors pro- ; unlels he has done tomething | Parliamentary Reporters, and in
canned to the kings of old, to ddpleale perfons in pow r er *— doing this, I {lull do all that now
Mo.umus Leges Ang/iac hiut&- It would be difficult, I fliouid | remains in tny power, towards
rt: or, in our own more clear fuppoie, to find any man upon the correftion of this as I deem
and not lefs forcible language, the earth, however, defpotic his ! it, mod enormous abufe of pow
difpofition, who would not be
contented witluhe power offend
ing to paifon, during his pleaf-
ure, every one who (hould dare
the laws of England small
NOT BH CHANGED.”
'1 he principle, fellow citizens,
for which we are now contend.
record in the great charter ot
our Rights and Liberties, and in
divers other fubfcqtient ftatutes
of fcarcely lefs importance. It
was this fame great principle,
which was again attacked by
Charles the Firft, in the meafure
of Ship Money, when again the
people of England, and uncor
rupted Houfe ol Commons, re
newed the corned, a coated
which ended in the iniptifort-
ment, the trial, the condemnati
on, and th: execution of th it ill
advifed King. The felf fame
principle it was that was fo dar
ingly violated by his fon J t.ivs
the fecond ; for which violation
h
tr, and mod dangerous of all
encroachments upon the rights
and liberties of Eaglifhmen.—
I remain, gentlemen.
Ycur moll obedient humble
fervaut,
FRANCIS BURDETT.
Piccadilly, March iJ, i8i().
Prov*d Forsworn.
RICH T HILL of Randolph
county, in the hon. Inferior
court of Hancock county, who fired
at me in the Argus in the year 1808,
with a great many faife and malici
ous charges, which [ have no doubt
Fellow Citizens, but what you were
fatisSed by my replies, that they
were Faife and '.Malicious.—He then
flew to the Superior Court of Han
cock county for protection, com
menced a fait againff me for (lander
for One Phoufand Dollars dama
ing, is the fame principle lor \ to do any thing to dilpleafe him.
which the people of England BefiJes, when I am told, that
have contended from the ral lied there is little danger that thegen-
ages,- and their glorious fuccefs J tlemen in the Houfe of Com-
in which contells are now upon mons will often exercife this pow-
er, I cannot help obfet ving that,
hough the examples may be
few, their eflefts will, naturally,
be great and general. At this
moment, it is true, we fee but
one m in actually in jail for hav
ing diipleaftd thofe gentlemen,
but, the fate of this one man, (as
it is the effect of all punilhments)
will deter others from expreffing
their opinions of the conduit of
th>fe who h ive had the powers
to punilh him. And mortover,
it is in the nature of all power,
and elpeculiy of a (Tamed and! for faying that lie had fworn to a
undefined powers, to increase as Lye, ^nd I could prove it ; I non
it advances in age ; and as Mag- i lll ‘ te d him in Auguft 1809. He
, .v,. ,,,„. lMlll nt Charta and the law of the 1 ‘ henre ( new < ? 'l the Uit in the Inferior
lewas compelled to dee from 1 land h ive not been fuffijient to , T'l /’I" 1 ■ ? _ ime » which wascal-
th.? jaft indignation or rh ■ pea- protect Mr. Jones, as we have where he now (lands proven Perjured
p!e, who not only ftript niri of j leen him fent to jail for having by a number of refpeftable clur-
his crown, but who prev-.-nted j deferioed the conduct of one of afters ; for which reafon I caution
that crown from defcen li ig to j the members, as an outrage upon d' perfons to take care of the Perjur-
his Family. In all thofe contefts, public feeling, what fecurity have ed Culprit and his Protestors, par.
the cturage, peifcverance, and; we unlefs uus power of imprifon- ocularly thofe of Randolph cottnt-y,
fortitude of our anceftors, con-! ment be given up, that we fhall )} 'f. 1 ,' tJ,li P TIt now ; as 1
r - . ’ i f y V „ . • I .• thill for the future treat him with
ipicuous as they were, w.re not not leu other men lent to jail for £j| enc C0ntcm , )t
more fo, than thrir wifdo.n ; for dating their opinion refpefting i 1 Ezekiel F Smith
talk as long as we will ab ut Rotten Boroughs, idpeftirig j un0 ig ( 181o.'
rights, liberties, franchif s, priv Placemen ahd Buufioners fitting ! cw-The Edtor of the Georgia
ileges, immunities, of what avoil in the Houfe; or in lhort, for Journal, is roquefted to infe-rt the
arc any, or all of thefe together, making any declaration, giving, above in his paper once, and prefent
our perfons can, at the lole will any opinion, dating any fact, be- lm accoul,t to me icr payment,
and command of any trim, or traying any feeling, whether by
fet of men, be feizeJ on, thrown writing, by word of mouth, or
into prifon, and there kept du- by gefture, which may dilpleafe
ring the piesfure of that man or any ot the gentlemen allembled
fetof men ? If every one of you in St. Stephen’s Chapel ?
be liable at any time, to be fent Then again as to the kind of
to jail without trial, and without punilhmem ; why fhould they
oaih made agaiuft you, <x there itop at fending perfons to jnl ?
to be detained as long as it pieaf II they can lend who they pleale
es the parlies fending vou there to jut ; ii they can keep the per-
(perhaps to the end cf your life) 1’ons, to lent, in jail, as long as
without any court to appeal to, they pleale, il they can let their
without any means of redrefs, if priloners free at the end ol the
this bethe cafe, fhall we Hill boad tirft hour or keep them confined
of the laws and of the liberties of lor fevea years ; if, in lhort,
England? Volumes have been their abfolutewill is to nave the
written by Foreigners as well as force of law, what lecunty caa
by our own countrymen in praife you have that they will itop at
E. F. S.
Adminijiraloi's Safe.
WILL HE snt.D,
On the firfl Tee flay in OBober next,
ta the public Jq iare in the town
of hi ad fun,
Lot Number 258,
la the fourth dillritb of iormerly
Bald win now Morgin county, it be
ing the real eftate of David Weaks,
dec. Sold for the benefit of the heirs
and creditors. Terms of Sale will
be made known on the day by
Samp fen Gil fon, Adm’r.
June 20. 12—mtds
Now in Baldwin [ail,
NEGRO FELLOW about
- - - . ,, - | jfc. twenty years of age, fays Ids
of that part of cur law,, which in imprifonment ! It they have the j name is AB.\LA RD, & that he be-
fo admirable a manner, provides abiolute power of imprilouing longs to JofephSill, of Bryant conn-
for our pcrfonal fafety aguinft a- and releafmg, why may they j ty. The owner isrequefted to take
ny attacks of men in power. This now lend their priloners to York him away agreeable to law',
has indeed been, in all ages, the Jad, as well af to a jail in Lon- J°hn Mathews, Jailer,
pride of our couutry ; and it is don ? Why not confine men in Iune "°-
the maintenance ot this principle loluary cells, or load them with
which enabled us to efuape that chains and bolts ? They have
bondage, in which all the States not gone thole lengths yet, but
naufltBimiaat
POST SCRIP r.
By Lall Night’s Mail,
NOTICE.
LL perfons that have fulafcrib-
^ __ for Alethcdijl
and Kingdoms in Europe were i what is there to rcltrain tnem, it | ’Meeting-Houfe in Miiiedgeville, are
enthralled, by abondoning and they are to be lole judges of tne i requefted to make immediate pay-
yielding if up ; and we may be extent ot their powers wit ho it
affiiud, that it we now abandon any controui, leaving the pat
it, the bright day cf England’s. ties whom they chofe to puuifh,
glory will lit in the night of her , any mode ol redrefs.
difgrace. j Fhat a power luch as this
But, I would fain believe that ffiould exiit m any country, it is
fuch is not tube our late. Our , lamentable to be obliged to be
forefathers made derngrimvifag- heve ; but that it fltoulu belufier-
ed Prerogative hide his head : ed to exiit, and that its txiltence
ment; as the Ch>mmifliouers are now
fried for the balance of the money,
they will be Under the dtfagreeable
nectffity of commencing fuits againft
alt that dees i.nt avail thendelves
o;I this notice.
June 20. 12—tf
‘B^URSU AN F to an Order id the
^ Honorable the Superior Court
of Baldwin county of the 26ih of
they broke in pieces his fliarp & Ihouid be openly and even boaii- March, appointing Commiflioners
maffy Iword.—And fltall we lulry avow'ed in a country whole^
their fons, be afraid, to enter the chift glory has bven its Dee con-
lilts with undefined privilege, af- dilution ot government is lome f -
fuming the powers of Preroga- j thing too monftroua to be be>
fj V r ? j lieved, if the proof were not
1 dull be told, perhaps, that before our eyes. Had the leant
there is not much danger of this doubt hung upon tny mind (of | of'ThJa. H.’Kenan. Efq. at which
power being very frequently exer- ; the illegality of the proceedings j time and place the Juttices ot the
* * in the prelent C..ff , it would Wave Inferior Court, and all other oilicera
been altogether removed bf the and perfons are inquired to attend,
anlweis given to the references i 311:1 tive v ' llAt inforrna icn tl.ey may
made by me to the Great] Lu I P offel3 ‘ tottch,n 8 lhe P omt ia ^
to examine into the Funds of faid
county, and report the refult of their
enquiries oil the fubjeft, to the next
Grand Jury for the aforefa couniy;
the underfigued Commiflioners will
meet for that purpofe, on Tuefday
the I2rh of July next, at the office
0"j? No notice is taken of the re«
port of the rrriv.il of the Ji.hn A«
dams, in the Natiuiiai lutcllieencct
of the Uih June.
MASSACHUSETTS.
The Legiflature ol Mailacliufetts.
oonvened on the 30th ult. Th*
whole number of members cl eft id
to the ldoufs of Reprefinia ives is
Gif ! of whom 632 attended. Every
member of the Senate was prefent
but one.
The Houfe chafe Perez Morton,
Ffq. Speaker. The following w.S
the flatement of votes :
Mr. Me non, Republican, 22(?
Mr. Bigelow, Federal, 303
Scattering 2
In the Senate, feveral fucCcfliv*
baliotings took place without tfi'ift.
lor a Speaker ; and the Senate ad
journed without making a. choice —
The following was the uniform re-
fult of each lullot :
For Mr. Otis, Federalijl, T9
For Mr Dana> Republican, IS
Scattering 1
A majority of the whole number
prefent is iieccfl'ary to a choice
On the 3lit, the Senate rr.ado
cliice of the honorable Hah&tson G.
Otis, as Prefidenc Mr. Otis hail
19 votes and Mr. Dana 18 Natha
niel Coffin, l.tq was re-ilefted ch i k»
Brijlol Senator...The honorable
Nathaniel Morton, the Republican,
candidate for Btidoi county, was
chofento fill up the vacancy in thd
Senate. The Senate now confillo.
of 20 Republicans and 20 Federal-
itts ; previous to rite elcftion ot Mr»
Morton, the Federaltlls adopted a
rule that the prefident ihouid iptuk
and vote on every cuefliofl.
ENGLAND...The lad news front
England, (via New-York,) two days:
laicr than in our former papers, ia
confined to Sir Francis Burdett and.
the continued irritation of the popu
lace in and about l,om!c:n
SF AIN. ...Our latefiaccount from
Spain Rate, that it was the opinion
ot the Britifli officers that Cadiz will
be evacuated, as foon as the Eugiiitt
property was removed.
COUTII AMERICA.
Norfolk 'June I,
latheSpanifli brig Nuettra Seno*
ra del Pilar, arrived here on Wed
nesday, came the Governor and In-
tendant of Laguira and fuit. W e
learn, that the natives of La Guira,
on hearing of the fucceffes of the
French in Spain, and fearing that it
would fall under the domination of
Bonaparte, arrc-fled the Governor*
&c immediately appointed one from
among thSmfelves, and then put the
depoted on board the brig, under rt
guard of about forty foldiers, with
ilrift orders that he or hit fuit®
ihouid not be landed in the Spaniib
dominions. This looks like a com
mencement of declaring ihemltlvea
independent, and in the aceompUfh-
ment of this event we wifii fucctls.-—
The brig and foldiers leturu iir.medi*
ately to La Guita*
*
Philadelphia, June 4v
Captain Nickerfon, from La^ltlfir,
informs that when he left that place,
the 12th ult. evety thing remained
quite under the new govcmoient.
’['wo conmiifiioners or agents from
the new government, to that of the
United States failed on the nth uit.
in the fchooner Fame, Davis, for
Baltimore, on their way the city of
Wafhingtou.
Nowin Baldwin Jail.
A NEGRO FELLOW, about
five feet eight inches high, of
a yellow complexion, named Sll A-
DllACK; faya he belongs to Mu ml
Grofs, of Scvivcn county. The
owner is requelled to comply with
the law and take him away.
John Mathews, Juilcr.
Jane 18. tf
cifed. The fame apology may be
made for the exercife ol any pow.
erwhatever. Ido notfuppole that
the gentlemen of the Houfe of
Commons will fend any of you
to jail, when you do not difpleafe
, ihcm. - if. Verke did But move
min,tries ot our law, & the.laws
thcmi'elves. The argument, by 1
v-hKh { endeavored to eonkmet; 1
tioni
Augufin Harris, )
Sam 1 Cunningham, > Coni’tS.
pratieii H/anh. )
j HOLT’S FERRY.
1 0* A LL perfons travt Uing on
toifeback, tiiay ads at my
lERRY lor half price.
Tkaddeus Holt.
! Mtrch 13, ltUO, £0-0: