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 next day was spent in hearing precedents of general warrants, in
which there appeared but too much countenance for the practice, yet
founded on no law. The greater part had been issued against Jacobites,
on the accession of the present Royal Family, when their establishment
was new, and precarious. The Lord Viscount Townshend,[429] a zealous,
bold, and authoritative Minister, had made free with the practice. It
had been used even in cases of libels, but always in those of Jacobite
tendency. Many in times of rebellion had been issued by the Duke of
Newcastle, and three by Mr. Pitt himself, but against persons suspected
of treasonable practices. These documents had Carteret Webbe now
collected: he printed them, too, in his justification. But the case
of Wilkes was not only dissimilar, but was important enough to call
for redress of a power so obnoxious and liable to abuse. At one in the
morning Sir William Meredith commenced the debate, and to what I have
said added the history of those warrants. Fifty persons, he owned, had
been taken up on such warrants; and then Wilkes on a like indefinite
warrant. His very pocket-book had been seized to find evidence against
him. The gentlemen who apprehended him were mere ministerial officers.
The first warrant quoted was of 1662, for then was passed the first act
for licensing the press: and as that act was temporary, and has not
been revived, it is a proof that there is no law since to authorize
such restraint. The warrants themselves have been found by the Court
of Common Pleas to be illegal. He then read the two resolutions he
proposed to move; the first, that _a general warrant for seizing
authors and papers is not law_. The second, that _seizing Members of
Parliament by general warrant is contrary to privilege_. Breach of
privilege, he added, might be committed _in the manner_, even where
there is no privilege. These warrants had never been used but in times
of danger, and then were followed by Acts of Indemnity, and thence
never came to be questioned. They were suspended from 1675 to 1690, and
then were resumed to protect the Revolution. Again in 1715 and 1745,
the years of the Scottish rebellions. They were now used for such a
trifle as a libel, that was in every man’s hand. The licentiousness of
the people had been checked: it was time now to quiet their minds by
checking the licentiousness of power.
Public-domain text, read in full here on John Shaqi.
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