[[195]]despotic to those beneath them as they felt the tyranny of the king they sought to humble. It was the invasion of their own power and possessions by John that fired their resentment and animated their public spirit, and hence ensued Magna Charta. But, with the exception of the single clause that forbids arbitrary and vexatious imprisonment, it scarcely adds, either in spirit or letter, any thing to the liberties of the people. Not so, however, with the compact as settled at the revolution,—not so with the Bill of Rights and the Act of Settlement. The prerogative of the crown was by these measures curtailed, and the liberty of the people greatly extended and more clearly defined; the purity of the elective right was provided for, as also the short duration of parliaments, the discretionary power of the crown was prohibited, and standing armies in time of peace declared to be illegal! The pretended right of suspending or of carrying into execution the laws, at the pleasure of the crown, was done away with; the levying of money for the use of the crown, by pretence of prerogative, without the consent of parliament, was forbidden; the right of the subject to petition the king was established; all elections of members of parliament were declared ought to be free; excessive bail and excessive fines were declared should neither be required nor enforced, nor cruel punishments inflicted; and for amending, strengthening, and preserving the laws, it was declared that parliaments ought to be held frequently. The further wise provisions and
[[196]]legislative enactments of that period are proofs that the liberties and happiness of the nation were the chief objects contemplated by our ancestors.
But as all the wise limitations imposed by the friends of liberty on the power of the crown would be rendered ineffectual and useless, without a pure and freely-elected House of Commons, it had long been the chief design of the Tories to destroy this sacred palladium by bribery and corruption. How fatally they succeeded is well known. Thus all the hazards which our forefathers had incurred, all the treasures which they had expended, and all the blood that was shed to establish the freedom of themselves and their posterity, were rendered useless by Mr. Pitt, the Earl of Liverpool, Lord Castlereagh, Mr. Canning, and their mercenary adherents. When this lamentable state of the power of the Tories is considered, and which had been produced by fifty bitter years of misrule, the difficulty of any other ministry being kept together will be apparent. The cabinet of Lord Goderich was a confused mixture of Whigs and Tories, and as the latter possessed a corrupted House of Commons, it were easy to prophesy which party would gain the ascendency, at least for a time; though it were equally observable, that
"The PEOPLE, by and by, would be the stronger!"
In the month of September, the House of Commons lost one of its worthiest members in the Right Hon. Lord Archibald Hamilton, who died in the
[[197]]fifty-eighth year of his age, after a long and painful illness. His lordship was more than twenty years the representative of the county of Lanark, and one of his constituents publicly declared, that "the noble lord had conducted himself, throughout that long period, so much to the satisfaction of the county and honour to himself, that he was justly considered the pride of Clydesdale and the glory of Scotland." The name of his lordship was always to be found among those who supported the people's rights. His virtues and his talents placed him at the head of civil and religious liberty; he advocated every measure, both in and out of parliament, which had for its object the welfare of man,—of the meanest peasant as well as of the greatest lord. His affability and kindness of heart secured to him a numerous circle of friends, and his unwearied opposition in parliament to corruption and grants to pamper royal libertines gained for him the proud and inestimable title of PATRIOT.
In November, the unfortunate creditors of the late Duke of York were informed that the assets of his royal highness would not furnish means to pay more than one shilling in the pound! We know that the duke, in his dying hours, declared himself solvent. Whether he went out of the world with a falsehood in his heart and on his tongue, whether he was kept in ignorance of his affairs by those around him, or whether his estate had been foully dealt with by his family or others, are points which ought to have been better elucidated. We cordially pity
[[198]]the creditors, many of whom have been more grossly defrauded than in any case which has been punished in the Insolvent Court. The conduct of the royal family and the executors of the Duke of York must have appeared to the public in a very unamiable light; for why was not a thoroughly clear account of every thing laid before the creditors? Nothing, however, was said about the duke's jewels and the valuable diamond necklace belonging to his duchess!!! We impute nothing to the executors, Sir Herbert Taylor and Sir Benjamin Stephenson, both, doubtless, honourable men,—good Tory placemen; but if people will not make executorship accounts clear and public to all concerned in them, they are liable to be complained of. The wills and affairs of dead princes are always smuggled over and hushed up; but the creditors surely have a right to demand, because they have an interest in demanding, that the wills and executorship accounts of the royal family should be made as public as those of other individuals.
During the session of parliament this year, Mr. Hume made a motion to repeal one of the odious "Six Acts" against the liberty of the press, which subjected to a stamp-duty those cheap periodical tracts that formed the most powerful instruments against the oppression of Toryism. The treatment which Mr. Hume received on this occasion will ever reflect the greatest disgrace on the pretended Whig government and their friends. All those members who had opposed the passing of this act now either
[[199]]purposely absented themselves or advocated its utility, and the honourable member for Aberdeen had the mortification to see his good intentions frustrated at a time when he calculated upon certain success.