FREE BOOKS

Author's List




PREV.   NEXT  
|<   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166  
167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   >>   >|  
n was hardly marked by his usual force of argument. He was hampered by the impossibility of denying either the existence of the societies which the committee and the minister had mentioned, or the dangerous character of some of their designs; but he objected to the measures of repression which were proposed, partly on the absence of all attempts at concealment on the part of the promoters of these societies, partly on the contemptible character of the Convention which it was designed to summon, and the impossibility that such an assembly should have the slightest influence. He even made their avowed hostility to the constitution a plea for a panegyric on that constitution, and on the loyal attachment to it evinced by the vast majority of the people; and from that he proceeded to found a fresh argument against the proposed measure, contending that it made a fatal inroad on that very constitution which was so highly valued by the whole nation. He described it as a measure "of infinitely greater mischief than that which it proposed to remedy, since it would give the executive authority absolute power over the personal liberty of every individual in the kingdom." He did not deny that a similar measure had been enacted under William III., again in 1715, and again in 1745; but he contended that "the present peril bore no resemblance to the dangers of those times. This measure went to overturn the very corner-stone of the constitution, and if it passed, there was an end of the constitution of England." The bill was passed in both Houses by very large majorities.[124] It was originally enacted for six months only, but was from time to time renewed till the end of the century. If we take a general survey of all these measures together, as parts of one great defensive scheme for the preservation of the public tranquillity and the general safety of the empire, it may, probably, be thought that, though undoubtedly suspensions of the constitution, they are not open to the charge of being unconstitutional, since they were enacted, not only for the welfare of the people, but with their consent and concurrence, legitimately signified by their representatives in Parliament. It is scarcely consistent with sound reason to contend that the _habeas corpus_, which had been enacted by Parliament, could not be suspended by the authority which had enacted it; that the constitution, which exists for the benefit of the people, could not be suspen
PREV.   NEXT  
|<   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166  
167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   >>   >|  



Top keywords:

constitution

 
enacted
 

measure

 

proposed

 

people

 

authority

 
passed
 
general
 

argument

 
character

Parliament

 

measures

 

societies

 

partly

 

impossibility

 

resemblance

 

originally

 

months

 
renewed
 

century


majorities

 

England

 

dangers

 

Houses

 
corner
 

overturn

 
safety
 

legitimately

 

signified

 
representatives

concurrence

 

consent

 

unconstitutional

 

welfare

 

scarcely

 

consistent

 
suspended
 

exists

 

benefit

 

suspen


corpus

 

habeas

 

reason

 

contend

 
charge
 
defensive
 

scheme

 

preservation

 
survey
 

public