Miscellaneous Writings and Speeches — Volume 4 — John Shaqi
Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
is the country to be governed? I understand how the peace is kept at New
York. It is by the assent and support of the people. I understand also
how the peace is kept at Milan. It is by the bayonets of the Austrian
soldiers. But how the peace is to be kept when you have neither the
popular assent nor the military force, how the peace is to be kept
in England by a Government acting on the principles of the present
Opposition, I do not understand.
There is in truth a great anomaly in the relation between the English
people and their Government. Our institutions are either too popular or
not popular enough. The people have not sufficient power in making the
laws; but they have quite sufficient power to impede the execution of
the laws when made. The Legislature is almost entirely aristocratical;
the machinery by which the degrees of the Legislature are carried into
effect is almost entirely popular; and, therefore, we constantly see
all the power which ought to execute the law, employed to counteract the
law. Thus, for example, with a criminal code which carries its rigour
to the length of atrocity, we have a criminal judicature which often
carries its lenity to the length of perjury. Our law of libel is the
most absurdly severe that ever existed, so absurdly severe that, if it
were carried into full effect, it would be much more oppressive than
a censorship. And yet, with this severe law of libel, we have a
press which practically is as free as the air. In 1819 the Ministers
complained of the alarming increase of seditious and blasphemous
publications. They proposed a bill of great rigour to stop the growth
of the evil; and they carried their bill. It was enacted, that the
publisher of a seditious libel might, on a second conviction, be
banished, and that if he should return from banishment, he might be
transported. How often was this law put in force? Not once. Last year we
repealed it: but it was already dead, or rather it was dead born. It
was obsolete before Le Roi le veut had been pronounced over it. For any
effect which it produced it might as well have been in the Code Napoleon
as in the English Statute Book. And why did the Government, having
solicited and procured so sharp and weighty a weapon, straightway hang
it up to rust? Was there less sedition, were there fewer libels, after
the passing of the Act than before it? Sir, the very next year was the
year 1820, the year of the Bill of Pains and Penalties against Queen
Caroline, the very year when the public mind was most excited, the very
year when the public press was most scurrilous. Why then did not the
Ministers use their new law? Because they durst not: because they could
not. They had obtained it with ease; for in obtaining it they had to
deal with a subservient Parliament. They could not execute it: for in
executing it they would have to deal with a refractory people. These
are instances of the difficulty of carrying the law into effect when the
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