Eclectic Magazine of Foreign Literature, Science, and Art, May 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, May 1885
Various
American literature -- Periodicals; Literature -- Periodicals
He had an opportunity of gaining experience as a politician, but
in the House of Commons he learned nothing, and succeeded only in
tarnishing his legal reputation. He entered it in 1762, and sat first
for the rotten borough of Hindon, and afterwards for Westbury till
1770. For the first six years his name scarcely ever occurs in the
debates. The only fact, indeed, known of this part of his political
life, is a proposal which he made when the repeal of the Stamp Act was
carried, that “it should not be of force in any colony where any votes,
resolves, or acts had passed derogatory to the honor or authority
of Parliament, until such votes, etc., were erased or taken off the
records,” The second stage of the Wilkes case, after the elections
of 1768, raised him to an unfortunate notoriety. Every circumstance
combined to make Blackstone the most bitter of Wilkes’s opponents. He
had committed himself to strong opinions on the absolute supremacy
of Parliament; he was solicitor-general to the Queen; he was shocked
at Wilkes’s blasphemy; and Lord Mansfield had been maligned. He
had only one moment of merely formal hesitation. When De Grey, the
Attorney-General moved that the comments on Lord Weymouth’s letter were
an insolent, scandalous, and seditious libel, Blackstone argued that
the courts were open, and that the House of Commons was not the place
to try the question. The other acts of the persecution had his complete
approval. He himself took the lead in moving that the charge against
Lord Mansfield was “an audacious aspersion on the said Chief Justice;”
he advocated the expulsion of Wilkes; he supported the motion which
declared that Wilkes being expelled was incapable of sitting in the
existing Parliament; and he delivered an able speech, in which he put
forth all his strength, in favor of the validity of Colonel Luttrell’s
election. He was rash enough in that speech to give it as his firm and
unbiassed opinion that the law and custom of Parliament on a matter of
privilege is part of the common law, that the House had acted according
to that law and custom, and that Wilkes was therefore disqualified by
common law from sitting as a member of Parliament. He paid heavily for
his “firm and unbiassed opinion.” In the _Commentaries_ he had given
what was, no doubt, intended to be a complete list of the causes of
disqualification; and none of them applied to Wilkes. Twice during
the remainder of the debate, first by Mr. Seymour and afterwards by
Grenville, “the gentle shepherd,” was this passage effectively turned
against him. “It is well known,” according to Junius, “that there was
a pause of some minutes in the House, from a general expectation that
the doctor would say something in his own defence; but it seems, his
faculties were too much overpowered to think of those subtleties and
refinements which have since occurred to him.” A paper war ensued in
which Junius, Sir W. Jones, Dr. Johnson, and Blackstone himself took
part.
Public-domain text, read in full here on John Shaqi.
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