The first laws had no law to enforce them; the first authority was constituted by itself. The power exercised by the house of commons is of this kind; a power rooted in the principles of government, and branched out by occasional practice; a power which necessity made just, and precedents have made legal.
It will occur, that authority thus uncontroulable may, in times of heat and contest, be oppressively and injuriously exerted, and that he who suffers injustice is without redress, however innocent, however miserable.
The position is true, but the argument is useless. The commons must be controlled, or be exempt from control. If they are exempt, they may do injury which cannot be redressed, if they are controlled, they are no longer legislative.
If the possibility of abuse be an argument against authority, no authority ever can be established: if the actual abuse destroys its legality, there is no legal government now in the world.
This power, which the commons have so long exercised, they ventured to use once more against Mr. Wilkes, and, on the 3rd of February, 1769, expelled him the house, "for having printed and published a seditious libel, and three obscene and impious libels."
If these imputations were just, the expulsion was, surely, seasonable; and that they were just, the house had reason to determine, as he had confessed himself, at the bar, the author of the libel which they term seditious, and was convicted, in the King's Bench, of both the publications.
But the freeholders of Middlesex were of another opinion. They either thought him innocent, or were not offended by his guilt. When a writ was issued for the election of a knight for Middlesex, in the room of John Wilkes, esq. expelled the house, his friends, on the sixteenth of February, chose him again.
On the 17th, it was resolved, "that John Wilkes, esq. having been, in this session of parliament, expelled the house, was, and is, incapable of being elected a member to serve in this present parliament."
As there was no other candidate, it was resolved, at the same time, that the election of the sixteenth was a void election.
The freeholders still continued to think, that no other man was fit to represent them, and, on the sixteenth of March, elected him once more. Their resolution was now so well known, that no opponent ventured to appear.