The Continental Monthly, Vol. 5, No. 5, May, 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 5, No. 5, May, 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
the end of that period he was brought before the Court of Common Pleas
upon a writ of _habeas corpus_. Three points were raised in his favor,
namely, whether the warrant was legal, whether the particular passage in
the libel complained of ought not to have been specified, and whether
his privileges as a member of Parliament did not protect him from
arrest. The celebrated Lord Camden, then Chief Justice Pratt, presided,
and ruled against Wilkes on the first two points, but discharged him
from custody on the third. Wilkes hereupon reprinted the article. Both
Houses of Parliament now took up the cudgels in behalf of the
Government, and resolved that privilege of Parliament did not extend to
arrest for libel. The House of Commons also resolved 'that the _North
Briton_, No. 45, is a false, scandalous, and seditious libel, containing
expressions of the most unexampled insolence and contumely toward his
Majesty, the grossest expressions against both Houses of Parliament, and
the most audacious defiance of the authority of the whole legislature,
and most manifestly tending to alienate the affections of the people
from his Majesty, to withdraw them from their obedience to the laws of
the realm, and to excite them to traitorous insurrection against his
Majesty's Government.' They also ordered the libel to be publicly burned
by the common hangman, in front of the Royal Exchange. The authorities
attempted to carry out this order, but an enormous mob assembled, drove
off the officers, rescued the journal from the flames, and, in revenge,
built a huge bonfire at Temple Bar, into which they threw the jackboot,
the favorite emblem for expressing the public dislike of Lord Bute. It
was now Wilkes's turn, and he brought an action in the following year
against the under secretary of state, for the illegal seizure of his
papers. Judge Pratt summed up in his favor, directing the jury that
general warrants were 'unconstitutional, illegal, and altogether void.'
As being the instrument in eliciting this memorable exposition of the
laws, Wilkes deserves the gratitude of every Englishman who cares one
jot for his constitutional rights, and of every lover of freedom
throughout the world. He was not without immediate and substantial
rewards, for the jury found a verdict for him, with L1,000 damages. The
corporation of the city of London, who had taken his part throughout,
eventually chose him sheriff, lord mayor, and chamberlain, and presented
the lord chief justice with the freedom of the city, in token of their
admiration for his conduct. On the other hand, Wilkes was expelled the
House of Commons, on account of the libel, and on the very same day
which witnessed his triumph in the Court of Common Pleas, he was tried
in the Court of the King's Bench, for its republication, and found
guilty. He refused to surrender to judgment, and was accordingly
outlawed. He then proceeded to the Continent, from whence, some three or
Public-domain text, read in full here on John Shaqi.
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