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The False Alarm 1770
by
What is urged by those who have been so industrious to spread suspicion, and incite fury, from one end of the kingdom to the other, may be known, by perusing the papers which have been, at once, presented as petitions to the king, and exhibited in print as remonstrances to the people. It may, therefore, not be improper to lay before the publick the reflections of a man, who cannot favour the opposition, for he thinks it wicked, and cannot fear it, for he thinks it weak.
The grievance which has produced all this tempest of outrage, the oppression in which all other oppressions are included, the invasion which has left us no property, the alarm that suffers no patriot to sleep in quiet, is comprised in a vote of the house of commons, by which the freeholders of Middlesex are deprived of a Briton’s birthright–representation in parliament.
They have, indeed, received the usual writ of election; but that writ, alas! was malicious mockery: they were insulted with the form, but denied the reality, for there was one man excepted from their choice:
“Non de vi, neque caede, nec veneno,
Sed lis est mihi de tribus capellis.”
The character of the man, thus fatally excepted, I have no purpose to delineate. Lampoon itself would disdain to speak ill of him, of whom no man speaks well. It is sufficient, that he is expelled the house of commons, and confined in gaol, as being legally convicted of sedition and impiety.
That this man cannot be appointed one of the guardians and counsellors of the church and state, is a grievance not to be endured. Every lover of liberty stands doubtful of the fate of posterity, because the chief county in England cannot take its representative from a gaol.
Whence Middlesex should obtain the right of being denominated the chief county cannot easily be discovered; it is, indeed, the county where the chief city happens to stand, but, how that city treated the favourite of Middlesex, is not yet forgotten. The county, as distinguished from the city, has no claim to particular consideration. That a man was in gaol for sedition and impiety, would, I believe, have been, within memory, a sufficient reason why he should not come out of gaol a legislator. This reason, notwithstanding the mutability of fashion, happens still to operate on the house of commons. Their notions, however strange, may be justified by a common observation, that few are mended by imprisonment, and that he, whose crimes have made confinement necessary, seldom makes any other use of his enlargement, than to do, with greater cunning, what he did before with less.
But the people have been told, with great confidence, that the house cannot control the right of constituting representatives; that he who can persuade lawful electors to choose him, whatever be his character, is lawfully chosen, and has a claim to a seat in parliament, from which no human authority can depose him.
Here, however, the patrons of opposition are in some perplexity. They are forced to confess, that, by a train of precedents, sufficient to establish a custom of parliament, the house of commons has jurisdiction over its own members; that the whole has power over individuals; and that this power has been exercised sometimes in imprisonment, and often in expulsion.
That such power should reside in the house of commons, in some cases, is inevitably necessary; since it is required, by every polity, that where there is a possibility of offence, there should be a possibility of punishment. A member of the house cannot be cited for his conduct in parliament before any other court; and, therefore, if the house cannot punish him, he may attack, with impunity, the rights of the people, and the title of the king.
This exemption from the authority of other courts was, I think, first established in favour of the five members in the long parliament. It is not to be considered as an usurpation, for it is implied in the principles of government. If legislative powers are not coordinate, they cease, in part, to be legislative; and if they be coordinate, they are unaccountable; for to whom must that power account, which has no superiour?