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
In an anonymous pamphlet, betraying its author, as Junius said,
by “its personal interests, personal resentments, and above all that
wounded spirit, unaccustomed to reproach, and, I hope, not frequently
conscious of deserving it,” Blackstone clung tenaciously and almost
angrily to his opinion, which he stated even more emphatically than he
had done in the House of Commons. There he expressly refrained from
saying whether expulsion necessarily involves incapacity; in his reply
to “the writer in the public press, who subscribes himself Junius,”
he said as expressly that incapacity is the necessary consequence of
expulsion. He retracted nothing. Sincere, no doubt, in his belief
that it was Wilkes the blasphemer, not Wilkes the demagogue, whom he
had helped to expel and incapacitate, he still held that the House of
Commons had acted not only legally but wisely. He gave a pledge of his
conviction by repairing the omission in his book. In its subsequent
editions appears, as if it were a well settled rule, the statement that
if a person is made a peer or elected to serve in the House of Commons,
the respective Houses of Parliament may upon complaint of any crime in
such person, and proof thereof, adjudge him disabled and incapable to
sit as a member. His earlier statement of the law, however, was not
forgotten, and “the first edition of Dr. Blackstone’s _Commentaries
on the Laws of England_” is said to have become a toast at Opposition
banquets. Nobody has now any doubt that Blackstone was in the wrong,
confounding, as was pointed out at the time, the independence of the
several parts of the legislature with the authority of the whole.
His tenacity and the prestige of his name gave him the support of
his party; but before long, had he lived, he would have suffered the
mortification of seeing the House of Commons expunge from its journals
all the declarations, orders, and resolutions respecting the election
of John Wilkes, Esquire, as “subversive of the rights of the whole body
of the electors of this kingdom.”
Public-domain text, read in full here on John Shaqi.
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