HKB
handled, nor upon one side, in my opinion, more satisfactorily; they who are not convinced by what is already written would not receive conviction though one arose from the dead.
I too have thought on this subject; but my purpose here, is only to consider it as a part of the favourite project of Government; to observe on the motives which led to it; and to trace its political consequences.
A violent rage for the punishment of Mr. Wilkes was the pretence of the whole. This gentleman, by setting himself strongly in opposition to the Court Cabal, had become at once an object of their persecution, and of the popular favour. The hatred of the Court party pursuing, and the countenance of the people protecting him, it very soon became not at all a question on the man, but a trial of strength between the two parties. The advantage of the victory in this particular contest was the present, but not the only, nor by any means, the principal, object. Its operation upon the character of the House of Commons was the great point in view. The point to be gained by the Cabal was this: that a precedent should be established, tending to show, That the favour of the people was not so sure a road as the favour of the Court even to popular honours and popular trusts. A strenuous resistance to every appearance of lawless power; a spirit of independence carried to some degree of enthusiasm; an inquisitive character to discover, and a bold one to display, every corruption and every error of Government; these are the qualities which recommend a man to a seat in the House of Commons, in open and merely popular elections. An indolent and submissive disposition; a disposition to think charitably of all the actions of men in power, and to live in a mutual intercourse of favours with them; an inclination rather to countenance a strong use of authority, than to bear any sort of licentiousness on the part of the people; these are unfavourable qualities in an open election for Members of Parliament.
The instinct which carries the people towards the choice of the former, is justified by reason; because a man of such a character, even in its exorbitancies, does not directly contradict the purposes of a trust, the end of which is a control on power. The latter character, even when it is not in its extreme, will execute this trust but very imperfectly; and, if deviating to the least excess, will certainly frustrate instead of forwarding the purposes of a control on Government. But when the House of Commons was to be new modelled, this principle was not only to be changed, but reversed. Whist any errors committed in support of power were left to the law, with every advantage of favourable construction, of mitigation, and finally of pardon; all excesses on the side of liberty, or in pursuit of popular favour, or in defence of popular rights and privileges, were not only to be punished by the rigour of the known law, but by a discretionary proceeding, which brought on the loss of the popular object itself. Popularity was to be rendered, if not directly penal, at least highly dangerous. The favour of the people might lead even to a disqualification of representing them. Their odium might become, strained through the medium of two or three constructions, the means of sitting as the trustee of all that was dear to them. This is punishing the offence in the offending part. Until this time, the opinion of the people, through the power of an Assembly, still in some sort popular, led to the greatest honours and emoluments in the gift of the Crown. Now the principle is reversed; and the favour of the Court is the only sure way of obtaining and holding those honours which ought to be in the disposal of the people.