Part 7

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_ The next great blessing which we owe to the Revolution is the purification of the administration of justice in political cases. Of the importance of this change no person can judge who is not well acquainted with the earlier volumes of the State Trials. Those volumes are, we do not hesitate to say, the most frightful record of baseness and depravity that is extant in the world. Our hatred is altogether turned away from the crimes and the criminals, and directed against the law and its ministers. We see villanies as black as ever were imputed to any prisoner at any bar daily committed on the bench and in the jury-box. The worst of the bad acts which brought discredit on the old parliaments of France, the condemnation of Lally, for example, or even that of Calas, may seem praiseworthy when compared with the atrocities which follow each other in endless succession as we turn over that huge chronicle of the shame of England. The magistrates of Paris and Toulouse were blinded by prejudice, passion, or bigotry. But the abandoned judges of our own country committed murder with their eyes open. The cause of this is plain. In France there was no constitutional opposition. If a man held language offensive to the Government, he was at once sent to the Bastile or to Vincennes. But in England, at least after the days of the Long Parliament, the King could not, by a mere act of his prerogative, rid himself of a troublesome politician. He was forced to remove those who thwarted him by means of perjured witnesses, packed juries, and corrupt, hardhearted, browbeating judges. The Opposition naturally retaliated whenever they had the upper hand. Every time that the power passed from one party to the other, there was a proscription and a massacre, thinly disguised under the forms of judicial procedure. The tribunals ought to be sacred places of refuge, where, in all the vicissitudes of public affairs, the innocent of all parties may find shelter. They were, before the Revolution, an unclean public shambles, to which each party in its turn dragged its opponents, and where each found the same venal and ferocious butchers waiting for its custom. Papist or Protestant, Tory or Whig, Priest or Alderman, all was one to those greedy and savage natures, provided only there was money to earn, and blood to shed.

Of course, these worthless judges soon created around them, as was natural, a breed of informers more wicked, if possible, than themselves. The trial by jury afforded little or no protection to the innocent. The juries were nominated by the sheriffs. The sheriffs were in most parts of England nominated by the Crown. In London, the great scene of political contention, those officers were chosen by the people. The fiercest parliamentary election of our time will give but a faint notion of the storm which raged in the city on the day when two infuriated parties, each bearing its badge, met to select the men in whose hands were to be the issues of life and death for the coming year. On that day, nobles of the highest descent did not think it beneath them to canvass and marshal the livery, to head the procession, and to watch the poll. On that day, the great chiefs of parties waited in an agony of suspense for the messenger who was to bring from Guildhall the news whether their lives and estates were, for the next twelve months, to be at the mercy of a friend or of a foe. In 1681, Whig sheriffs were chosen; and Shaftesbury defied the whole power of the Government. In 1682 the sheriffs were Tories. Shaftesbury fled to Holland. The other chiefs of the party broke up their councils, and retired in haste to their country seats. Sydney on the scaffold told those sheriffs that his blood was on their heads. Neither of them could deny the charge; and one of them wept with shame and remorse.

Thus every man who then meddled with public affairs took his life in his hand. The consequence was that men of gentle natures stood aloof from contests in which they could not engage without hazarding their own necks and the fortunes of their children. This was the course adopted by Sir William Temple, by Evelyn, and by many other men who were, in every respect, admirably qualified to serve the State. On the other hand, those resolute and enterprising men who put their heads and lands to hazard in the game of politics naturally acquired, from the habit of playing for so deep a stake, a reckless and desperate turn of mind. It was, we seriously believe, as safe to be a highwayman as to be a distinguished leader of Opposition. This may serve to explain, and in some degree to excuse, the violence with which the factions of that age are justly reproached. They were fighting, not merely for office, but for life. If they reposed for a moment from the work of agitation, if they suffered the public excitement to flag, they were lost men. Hume, in describing this state of things, has employed an image which seems hardly to suit the general simplicity of his style, but which is by no means too strong for the occasion. "Thus," says he, "the two parties actuated by mutual rage, but cooped up within the narrow limits of the law, levelled with poisoned daggers the most deadly blows against each other's breast, and buried in their factious divisions all, regard to truth, honour, and humanity."

From this terrible evil the Revolution set us free. The law which secured to the judges their seats during life or good behaviour did something. The law subsequently passed for regulating trials in cases of treason did much more. The provisions of that law show, indeed, very little legislative skill. It is not framed on the principle of securing the innocent, but on the principle of giving a great chance of escape to the accused, whether innocent or guilty. This, however, is decidedly a fault on the right side. The evil produced by the occasional escape of a bad citizen is not to be compared with the evils of that Reign of Terror, for such it was, which preceded the Revolution. Since the passing of this law scarcely one single person has suffered death in England as a traitor, who had not been convicted on overwhelming evidence, to the satisfaction of all parties, of the highest crime against the State. Attempts have been made in times of great excitement, to bring in persons guilty of high treason for acts which, though sometimes highly blamable, did not necessarily imply a design falling within the legal definition of treason. All those attempts have failed. During a hundred and forty years no statesman, while engaged in constitutional opposition to a government, has had the axe before his eyes. The smallest minorities, struggling against the most powerful majorities, in the most agitated times, have felt themselves perfectly secure. Pulteney and Fox wore the two most distinguished leaders of Opposition, since the Revolution. Both were personally obnoxious to the Court. But the utmost harm that the utmost anger of the Court could do to them was to strike off the "Right Honourable" from before their names.

But of all the reforms produced by the Revolution, perhaps the most important was the full establishment of the liberty of unlicensed printing. The Censorship which, under some form or other, had existed, with rare and short intermissions, under every government, monarchical or republican, from the time of Henry the Eighth downwards, expired, and has never since been renewed.

We are aware that the great improvements which we have recapitulated were, in many respects, imperfectly and unskilfully executed. The authors of those improvements sometimes, while they removed or mitigated a great practical evil, continued to recognise the erroneous principle from which that evil had sprung. Sometimes, when they had adopted a sound principle, they shrank from following it to all the conclusions to which it would have led them. Sometimes they failed to perceive that the remedies which they applied to one disease of the State were certain to generate another disease, and to render another remedy necessary. Their knowledge was inferior to ours: nor were they always able to act up to their knowledge. The pressure of circumstances, the necessity of compromising differences of opinion, the power and violence of the party which was altogether hostile to the new settlement, must be taken into the account. When these things are fairly weighed, there will, we think, be little difference of opinion among liberal and right-minded men as to the real value of what the great events of 1688 did for this country.

We have recounted what appear to us the most important of those changes which the Revolution produced in our laws. The changes which it produced in our laws, however, were not more important than the change which it indirectly produced in the public mind, The Whig party had, during seventy years, an almost uninterrupted possession of power. It had always been the fundamental doctrine of that party, that power is a trust for the people; that it is given to magistrates, not for their own, but for the public advantage--that, where it is abused by magistrates, even by the highest of all, it may lawfully be withdrawn. It is perfectly true, that the Whigs were not more exempt than other men from the vices and infirmities of our nature, and that, when they had power, they sometimes abused it. But still they stood firm to their theory. That theory was the badge of their party. It was something more. It was the foundation on which rested the power of the houses of Nassau and Brunswick. Thus, there was a government interested in propagating a class of opinions which most governments are interested in discouraging, a government which looked with complacency on all speculations favourable to public liberty, and with extreme aversion on all speculations favourable to arbitrary power. There was a King who decidedly preferred a republican to a believer in the divine right of kings; who considered every attempt to exalt his prerogative as an attack on his title; and who reserved all his favours for those who declaimed on the natural equality of men, and the popular origin of government. This was the state of things from the Revolution till the death of George the Second. The effect was what might have been expected. Even in that profession which has generally been most disposed to magnify the prerogative, a great change took place. Bishopric after bishopric and deanery after deanery were bestowed on Whigs and Latitudinarians. The consequence was that Whiggism and Latitudinarianism were professed by the ablest and most aspiring churchmen.

Hume complained bitterly of this at the close of his history. "The Whig party," says he, "for a course of near seventy years, has almost without interruption enjoyed the whole authority of government, and no honours or offices could be obtained but by their countenance and protection. But this event, which in some particulars has been advantageous to the State, has proved destructive to the truth of history, and has established many gross falsehoods, which it is unaccountable how any civilised nation could have embraced, with regard to its domestic occurrences. Compositions the most despicable, both for style and matter,"--in a note he instances the writings of Locke, Sydney, Hoadley, and Rapin,--"have been extolled and propagated and read as if they had equalled the most celebrated remains of antiquity. And forgetting that a regard to liberty, though a laudable passion, ought commonly to be subservient to a reverence for established government, the prevailing faction has celebrated only the partisans of the former." We will not here enter into an argument about the merit of Rapin's History or Locke's political speculations. We call Hume merely as evidence to a fact well known to all reading men, that the literature patronised by the English Court and the English ministry, during the first half of the eighteenth century, was of that kind which courtiers and ministers generally do all in their power to discountenance, and tended to inspire zeal for the liberties of the people rather than respect for the authority of the Government.

There was still a very strong Tory party in England. But that party was in opposition. Many of its members still held the doctrine of passive obedience. But they did not admit that the existing dynasty had any claim to such obedience. They condemned resistance. But by resistance they meant the keeping out of James the Third, and not the turning out of George the Second. No radical of our times could grumble more at the expenses of the royal household, could exert himself more strenuously to reduce the military establishment, could oppose with more earnestness every proposition for arming the executive with extraordinary powers, or could pour more unmitigated abuse on placemen and courtiers. If a writer were now, in a massive Dictionary, to define a Pensioner as a traitor and a slave, the Excise as a hateful tax, the Commissioners of the Excise as wretches, if he were to write a satire full of reflections on men who receive "the price of boroughs and of souls," who "explain their country's dear-bought rights away," or

"whom pensions can incite,
To vote a patriot black, a courtier white,"

we should set him down for something more democratic than a Whig. Yet this was the language which Johnson, the most bigoted of Tories and High Churchmen held under the administration of Walpole and Pelham.

Thus doctrines favourable to public liberty were inculcated alike by those who were in power and by those who were in opposition. It was by means of these doctrines alone that the former could prove that they had a King de jure. The servile theories of the latter did not prevent them from offering every molestation to one whom they considered as merely a King de facto. The attachment of one party to the House of Hanover, of the other to that of Stuart, induced both to talk a language much more favourable to popular rights than to monarchical power. What took place at the first representation of Cato is no bad illustration of the way in which the two great sections of the community almost invariably acted. A play, the whole merit of which consists in its stately rhetoric sometimes not unworthy of Lucan, about hating tyrants and dying for freedom, is brought on the stage in a time of great political excitement. Both parties crowd to the theatre. Each affects to consider every line as a compliment to itself, and an attack on its opponents. The curtain falls amidst an unanimous roar of applause. The Whigs of the Kit Cat embrace the author, and assure him that he has rendered an inestimable service to liberty. The Tory secretary of state presents a purse to the chief actor for defending the cause of liberty so well. The history of that night was, in miniature, the history of two generations.

We well know how much sophistry there was in the reasonings, and how much exaggeration in the declamations of both parties. But when we compare the state in which political science was at the close of the reign of George the Second with the state in which it had been when James the Second came to the throne, it is impossible not to admit that a prodigious improvement had taken place. We are no admirers of the political doctrines laid down in Blackstone's Commentaries. But if we consider that those Commentaries were read with great applause in the very schools where, seventy or eighty years before, books had been publicly burned by order of the University of Oxford for containing the damnable doctrine that the English monarchy is limited and mixed, we cannot deny that a salutary change had taken place. "The Jesuits," says Pascal, in the last of his incomparable letters, "have obtained a Papal decree, condemning Galileo's doctrine about the motion of the earth. It is all in vain. If the world is really turning round, all mankind together will not be able to keep it from turning, or to keep themselves from turning with it." The decrees of Oxford were as ineffectual to stay the great moral and political revolution as those of the Vatican to stay the motion of our globe. That learned University found itself not only unable to keep the mass from moving, but unable to keep itself from moving along with the mass. Nor was the effect of the discussions and speculations of that period confined to our own country. While the Jacobite party was in the last dotage and weakness of its paralytic old age, the political philosophy of England began to produce a mighty effect on France, and, through France, on Europe.

Here another vast field opens itself before us. But we must resolutely turn away from it. We will conclude by advising all our readers to study Sir James Mackintosh's valuable Fragment, and by expressing our hope that they will soon be able to study it without those accompaniments which have hitherto impeded its circulation.

[THE END]
Thomas Babington Macaulay's essay: Sir James Mackintosh

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