Memoirs of the Reign of King George the Third, Volume 1 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 1 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
The Legislature consists of the three branches of Kings, Lords, and
Commons. Together they form our invaluable Constitution, and each
is a check on the other two. But it must be remembered, at the same
time, that while any two are checking, the third is naturally aiming
at extending and aggrandizing its power. The House of Commons has not
seldom made this attempt, like the rest. The Lords, as a permanent
and as a proud body, more constantly aim at it: the Crown always. Of
liberty, a chief and material engine is the liberty of the Press: a
privilege for ever sought to be stifled and annihilated by the Crown.
The ministers of the Crown and its lawyers must misrepresent the
liberty of the Press before they can presume to request the suppression
of it. Every grievance set forth in print is misnamed a libel; and
grave laws necessarily disapprove libels. If the Crown can arrive
at precluding Members of Parliament from complaining in print of
grievances, no doubt the Crown could debar all other men, who are of
less importance, and whose persons are guarded by no sacred privilege.
Liberty of speech and liberty of writing are the two instruments by
which Englishmen call on one another to defend their common rights.
Liberty of speech is communicated but a little way; the Press gives
wings to that voice, and all men may read what all cannot hear. Freedom
of speech in Parliament is not so valuable as freedom of writing. A
man may hazard many necessary truths in print, when he may conceal
his name, which he might not venture to utter in open Parliament.
If discovered, his privilege used to be his security. Nor is this
a vindication of libels, properly so called; but a Court will call
a libel the most just censure of tyranny. Yet could it not wrest
from Members of Parliament the safety of their persons without their
own consent--and in what instance did the Court ask this?--in what
instance did the House of Commons yield it? Mr. Wilkes, one of their
own members, had been taken up by a _General Warrant_, in which his
name had not so much as been mentioned. Contrary to all precedent,
he had been committed _close_ prisoner to the Tower--a proceeding
so arbitrary, that a Court of Law had set him free. The House of
Commons sacrificed him and their own privileges, and yet shame--I mean
disgrace, so soon overtook them, that _General Warrants_, such as that
on which Wilkes was arrested, were given up, condemned, exploded--but
half the wound remains, for this scandalous vote was never rescinded!
Public-domain text, read in full here on John Shaqi.
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