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Polar ftar, not only to direct and regulate in all cafes of difficulty and danger, but to be our conftant and invariable guide through every part of our political course. We fhould cautiously guard and preferve the constitutional independence of each diftinct part of our government, and confider every infringement upon any of their regular functions (whether deliberative or executive) as deranging the balance, and as tending to the deftruction of the whole machine. Above all, we fhould be both vigilant and honeft in the exercife of the important duties of electors; and by obferving and enforcing the many falutary regulations which the Legiflature has interpofed to check the too prevalent fpirit of bribery and corruption, we fhould do all in our power to preferve the purity and independence of the popular part of our Government. And if, in spite of all our care, evils and abufes fhould creep in, we fhould refort to conftitutional remedies alone for their correction ; and confider as our worst foes all who advise the application of any means which are not so authorized and prescribed.

It may also be of ufe to bear in mind, that the best of all poffible inftitutions, operating upon a fubject so defective as human nature, muft ever in point of practice fall fhort of abfolute theoretical perfection. Such a confideration will not only preferve us from vifionary and romantic wishes for what is really unattainable (than which nothing can more pervert the proper and useful bias of the mind), but it will alfo guide to the real fource of defects, and to the moft natural means both of preventing and of counteracting them. Nothing can be more obvious, than that the beneficial energy even of our own excellent Conftitution will ever be checked, in proportion to the prevalence of diffipation and depravity in the manners and in the minds of the people. Inftead, therefore, of imputing blame where none is deferved, let us trace evils to their actual caufe, and there apply the remedy. Let every real friend to his Country and its Conftitution do all in his power, by precept and by example, to inculcate and recommend a spirit of order, œconomy, temperance, and induftry, and the practice of those duties which are prefcribed by morality and religion.-Let him refift as much as he can the increafe of luxury and diffipation, which enervate the mind, degrade the character, difqualify for manly and noble exertions, and open. all the fources of corruption.---Let him, in short, exeit humfelf in aid of magiftracy and the police to check the baneful contagion of vice and immorality, remembering

that an independence of mind, fo congenial to freedom; is alfo nearly allied to purity and fimplicity of manners, -While the Throne exhibits fo excellent a pattern of all the virtues which ornament humanity and benefit mankind, how fhould the influence of the bright and useful example be communicated from rank to rank; till it pervade the utmost recefles of fociety!---Then; indeed, would civil liberty be invigorated and adorned by private virtue and domestic happiness.

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I am not now affecting to fermonize, or even to moralize I am viewing the matter in a political light only. The moral and religious difplay of these topics is the peculiar province of the pulpit. But their civil importance calls for the attention of the ftatefman, the philanthropist, and the citizen. It is poffible that the depraved manners of a people may not only endanger their freedom, but render it a curfe instead of a bleffing and liberty, by degenerating into licentioufnefs, becomes its own certain deftroyer. But without carrying our apprehenfions fo far, it is a truth which concerns us moft nearly, and which cannot be too often repeated, that the benefits derived from our CONSTITUTION will exift in greater or less perfection, in proportion to the prevalence of a virtuous principle among ourfelves: thofe, therefore, who wish for the continued and complete enjoyment of that great and invaluable bleffing will neglect nothing that can tend to preferve it in purity and vigour, to enforce its true fpirit, or to promote the genuine operation of its falutary influence. They will venerate it themselves, and recommend it by their own example to the veneration of others. They will inculcate in their children an early and habitual acquaintance with its hiftory, its nature, and its excellencies, together with a fteady and a rational attchment to its principles.-They will fupport it, at all times, by a firm and refolute, though a decent and orderly adherence; knowing that irregularity and violence would involve a direct violation of its fpirit: and they will, if occafion fhould require, be ready with cheerfulness to tifk their lives in its defence.

So fhall the BRITISH CONSTITUTION, the fuitable and happy portion of those who deferve to be free, remain firm, immoveable, and unimpaired for fucceeding ages; fecure against the attacks of vifionary theorifts and of wicked incendiaries; and uniting within. itfelf the fecurity and energy of a well-regulated Government, and the utmoft attainable degree of real political LIBERTY.

THE EN D.

PUBLICATIONS

Printed by Order of

THE SOCIETY

FOR PRESERVING

LIBERTY AND PROPERTY

AGAINST

REPUBLICANS AND LEVELLERS.

NUMBER IV.

CONTAINING

An Anfwer to the Declaration of the Friends of the Liberty of the Prefs." Speech of the Lord Prefident of the Seffion, addreffed to the Lord Provoft of Edinburgh,

LONDON:

Printed and Sold by J. DOWNES, No. 240, Temlpe bar, Strand; where, the Bookfellers in Town and Country' may be ferved with any Quantity.

PRICE, ONE PENNY.

AN ANSWER TO THE DECLARATION OF THE PERSONS CALLING THEMSELVES, FRIENDS OF THE LIBERTY OF THE PRESS.

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Ta critical moment, when Britons from one corner of the kingdom to the other, have judged it neceffary to form themselves into affociations, for the maintenance of the conftitution, which had been most daringly insulted and menaced, the public fee with furprize, but not without indignation, a counter affociation rifing up, protesting against the other affociations, and endeavouring to counteract their effect. The gentlemen thus affembling themselves in fo fingular and extraordinary a manner, have thought fit to affume the appellation of Friends to the Freedom of the Press. But those who obferve the licentious excess to which the Freedom of the Prefs is ftill daily carried, will be of opinion that the prefs ftands in no great need of the proffered protection of this new formed Phalanx of defenders.

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At the fecond meeting of thefe gentlemen they entered their formal proteft, by way of declaration, against those asfociations which had been formed for the prefervation of the public tranquillity, and for the continuance of the profperity, and of the conftitutional rights of this free and happy. country. There is but little danger that this proteft fhould iniflead any one who is at all acquainted with the principles and practice of the British conftitution, particularly in that important part of it which relates to the administration of criminal juftice. But as the work in question affumes the form of argument, it may not be amifs to fuggeft a few obfervations (though perhaps fufficiently obvious in themfelves) tending to point out the fallacy of the principles on which it is founded.

The fundamental principle of this performance, that the power of accufation againit offenders who have violated the laws is confined to the fupreme executive magiftrate, is in direct contradiction both to the principles and the daily practice of the judicial polity of this country in criminat cafes. In point of fact, every individual Fas been, from time immemórial, admitted, in his private capacity, and in the character of a prosecutor, though in the name of the King, to call for the execution of the laws upon thofe who have violated them. In point of law, it is the undoubted conftitutional privilege of every individual to exercise that right. In point of principle, fuch a right is infeparable from a free ftate, where the laws are the birthright of every one, and the violation of the laws is an injury to the people at large, of which every one has a right to complain. The maxim of thefe pretended friends to liberty might be admitted under a defpötic government, where it is convenient, and perhaps neceffary, that the executive power may either adminifter or withhold juftice at its difcretion. But in a free country, the execution of the laws, according to prescribed forms,. must be ever at the call of the people; and it would be deftructive of all liberty and fecurity, if the crown, or its agents, could, either by defign or neglect, refufe, prevent, or retard, the adminiftration of juftice. It is therefore one of the greatest advantages derived from the Britifh Constitution, that while the admirable inftitutions of Grand and Petit juries afford the inoft abfolute fecurity that juftice fhall be faithfully and impartially adminiftered, the executive power is bound to lend its agency to every one who demands it in the purfuit of fo important an object. Nor

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can any juft caufe of complaint arife from hence; fince every one ftanding forward in the character of a profecutor, is refponfible to the accufed perfon, and to the public at large, for the purity of his motives, and the regularity of his conduct. It never yet, I believe, occurred to any one, to object to a profecution because it was fet on foot by private individuals:-fuch a ground of objection was referved for the difcovery of the Friends of the Liberty of the Prefs. But if, at their fuggeftion, it fhould occur to any culprit to avail himself of fuch a mode of defence, he will only find himself deceived, and his objection will certainly be over-ruled, unless the whole frame and system of criminal juftice in this country fhould be fubverted.

Particular care is taken in the protest alluded to, to deny the right of accufation to uninjured individuals, fuggefting thereby a diftinction with which the criminal law is unacquainted: for that branch of our laws knows nothing of the private and feparate injuries of individuals, but denounces punishment only upon offences against the community; therefore it is totally immaterial in the character and fituation of a profecutor, whether he has fuftained any private injury or not but as every one is fuppofed to be injured by a violation of the laws; every one is intitled to call for juftice. And private wrongs are merged in the more important confideration of the public welfare.

In fhort, the fundamental principle of the proteft, negativing the right of individual accufation is fo glaringly fallacious, that it is impoffible to account for its being adopted by intelligent men, on any other fuppofition, than that they confidered it as a neceffary ground on which to cavil at thofe Affociations which are now formed in every quarter of the kingdom for the prefervation of the public fecurity, and of the conftitution itself. It is undoubtedly a principal object of thefe affociations to unite, and engage to lend affiftance to the civil magiftrate, in discovering and bringing to juftice offenders of the most dangerous defcription; those who endeavour to fubvert the very basis of our civil rights, and of our focial happiness. But the right of individual accufation against public offenders being once eftablished, it follows as a neceffary confequence, that private perfons may act either feparately or jointly in promoting, by regular means, the due execution of the violated laws. And on particular occafions, it is a duty they owe to themselves, and to fociety, to co-operate and affift each other in detecting and denouncing offenders to the civil magistrate,

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