visited it a fourth time, in the usual will become cruel, wicked, tyrannical, and customary way in which any other and oppressive. Inan might have visited it, by a written An American judge lately had a order from one of the magistrates, that controversy with the governor of his I never visited alone; and that several province, in which the former congentlemen, some of them members of ducted himself with that manly firmthis House, can inform the House what ness, which in some instances have my conduct was upon this occasion. done honour to the bench in EngSir, declare upon my honour, as I land. The governor bad siezed a have declared before, that I never saw citizen, and denied him the benefit of the face of any man in that prison, ex- the Habeas Corpus. State necessity cest Colonel Despard, until the day was alleged, as a sufficient plea for I first visited the prison. At the same this deviation from the constitution: time, I say this only to caution gentle- but the judge viewed the subject in a men not to give too rash a credit to different light." The evil of the ty ninisterial misrepresentations,and not ranny in question," he said, "cannot from any anxiety upon the score of be duly estimated by the number of being supposed to be acquainted with its victims. When the personal these men; for, I believe, there are rights of any individual are violated some among these men as honest and with impunity, those of every memas virtuous as any of those I am now ber of the state become insecure. addressing. Sir, I have witnessed From that moment the proud confitheir courage and their constancy, dence, the manly, liberal, upright under sufferings almost beyond hu- self possession, which government, man endurance-I have seen them ex- by law, inspires, must yield to the depose themselves to additional suffer- grading sentiment of dependence and ings and additional insults, by per- subjection." forming those duties which in their This is the American language of situation they might well have stood the nineteenth century; it was the excused from, but which justice and language of Englishmen before the humanity, in their opinion required." American war. That fatal war made Howard has been celebrated for his dreadful havock of principle in this humanity in inspecting prisons, and country, and the French revolution despotic sovereigns ordered their gates made cowards of us all. These to be opened to his enquiries. It re- manly sentiments became obsolete mained for Britain to shew a very dif- during the administration of Mr. Pitt; ferent example. A high spirited, and the suspension of the Habeas generous young man, with a noble Corpus act took place, as a mere matardour in the cause of virtue, visits a ter of course, whenever that prating prison, where he finds the most abo- minister commanded his myrmidons minable abuses. In return for this to call for it. Sir Francis would not, energy, it is ordered, that he shall not however, countenance the delusion. be permitted to enter again into that The act for securing the liberty of the or any other prison. But his efforts subject was not in his opinion to be were not lost. The eyes of the pub- triffed with: and nothing can be lic were now turned to the prison: more absurd, than to make an act of various juries made it the object of parliament to take away the liberty their enquiries; many abuses were of the subject; for that is in fact the corrected; but still, we repeat it, that meaning of the act for suspending the prison is of such an extraordinary Habeas Corpus act. No less manly structure, that without the utmost at- were his sentiments on the liberty of tention of the Sheriffs of Middlesex, the press; and he was not to be duped and the juries, the magistrates who by the minister, who assured the commit to that prison, and the jailers House of certain success, if he was will become the instruments of the but supplied with sufficiency of momost horrible oppression. This is the ney. Beaucoup d'argent was the state of human nature; whether men whole talk of Mr. Pitt: for knowing are magistrates of Middlesex, or how successful it was in the corrup monks of St. Dominick, let them but tion of his own countrymen, be vainhave power uncontrouled, and they ly dreamed, that it would be equally efficacious against the arms of the French. Against this extravagant reliance of the minister on the effects of his paltry money system, Sir Francis exclaimed with great spirit in the house: "We seem to imagine that we have only to assemble within these walls to devise ways and means for extracting large sums of money from the country; then we are told our embarrassments will be relieved, and our eneLies will be dismayed. "But, Sir, we must first cleanse away those foul corruptions which the present minister has carried beyond any former example; which unnerves every heart and every arm, and deprives us of that vigour and courage, "A good and free government," said Sir Francis, "had nothing to apprehend, and every thing to hope from the liberty of the press. But de-potism courted shade and obscurity; it dreaded the scrutinizing eye of liberty; and, if an arbitrary-disposed prince, supported by an unprincipled minister, and backed by a corrupt parliament, were to cast about for means to secure such a triple tyranny, no means better could be devised than the bill on the table. "The present ministers endeavoured to frighten us into measures, holding out the dread of a revolution, whilst themselves were the greatest and the only revolutionists froin whom we had suffered much, and had still more to any thing to fear; from whom we had expect. They had already completed a "Sir, money is not the sinew of great revolution, not in favour of, but He then reminded war. If money were as all-powerful against liberty. once characteristic of this now degraded nation. as most persons, in spite of experi- the House of the unconstitutional ence, continue to believe; I say in measures daily introduced, one of spite of experience, for the whole te- which he could not forbear mentionnor of history serves to prove the con- ing; the infamous practice, by which the whole law of imprisonment was trary, the extravagance of our own minister must have entitled him to changed, of sending men to those basevery advantage, and the people of tiles which disgraced the country; France would long since have been those private prisons where, under exterminated." Sir Francis then enu- pretence of regulations, punishments merated the methods by which the were inflicted upon men as illegal as they were cruel. And what were money raised from the people was squandered away; and concluded with those regulations so called? To keep saying "It is not on account of the men in dismal, heart-sickening soliheavy pressure which this mode of tude, to feed them on bread and waraising supplies must occasion: it is ter, and that scanty too; to sentence not on account of the unjust and ty- them to hard labour, exacted by rannical principle of the bill now be- stripes, at the will, perhaps, of a merfore you: it is not on account of the ciless jailor. If this were not tyranny, it was impossible to define the term. waste and extravagance of government, enormous as it is, that I now It was natural for such a government raise my voice against granting the supplies demanded by the minister: it is because I never will, at any time, or under any circumstances, become an accomplice in the guilt of supporting a system, which, if it can be supported, and is to be persisted in, must eventually destroy the freedom of the country." On the introduction of a bill for regulating the newspapers, he placed in a clear point of view the system of Mr. Pitt, a man, who began his career of life, by a pretended zeal for every thing good in the constitution, but left no step unturned in his power to subvert it. to complain of the pres; it was part of that revolution which had been brought about, and which the present bill would secure; the seeds of which had long been sown, and the effects had been foreseen by the wise Lord Chatham, who had warned the coun try of the danger and magnitude of the evil. But ministerial corruption blinded the nation then as it did now; and there was reason to fear it would end, as that great statesman foretold, in the subversion of our old, free constitution, and the establishment of a German government." The boldness and integrity of Sir Francis had now made him a popular character in the country, but he was years of age, and well known for his by no means so in the House of Com- steady attachment to the liberties of inons. The ministerial party, of the country. We cannot pass by the course, hated him; the whigs, as they second, Mr Michael Pearson, withwere called, feared him, for he evi- out paying the due tribute of respect dently went further than they ever to his memory. He had been an intended to go; and, whilst they were apothecary for upwards of fifty years looking to a change of the ministry in Spital-square, and by liberal pracand a succession to their places, he tice had obtained an ample compewas bent on a restoration of the old tency for the decline of life. During the constitution, by giving a true repre- whole of his practice, the enemies of sentation to the people, by the shorten- his political sentiments always loved ing of the duration of parliament, and the man, and nothing could induce him by the exclusion of placemen and pen- to swerve from those constitutional sioners from the House of Commons. sentiments which were once the He saw, however, little prospect of pride of Englishmen. He foresaw, accomplishing any of these objects, in the American war, the tendency in and his mind was nearly made up to the country to corruption; and he laretire from public life at the dissolu- mented, that the French revolution tion of parliament. A few days only before that dissolution he received the following letter: should be the means of promoting and encouraging it, that it would be made a handle by the worst of men to countenance the worst of measures. "To Sir Francis Burdett, Bart. He was one of the first members of "SIR,--Having heard, from various the constitutional society, and was quarters, of an intention in many free never wanting, when there was the holders to offer you their votes at the least probability of recalling his coungeneral election, as a fit person to re- trymen to the principles of the conpresent the county of Middlesex in stitution. Firm in his conduct, he the next parliament, we are anxious to was placid, and gentle, and kind in know whether, in such event, you all the relations of life; and he rewill stand forward, in compliance with signed his breath into the hands of his their wishes. Our own votes, as well Creator, true to the principles of as our exertions among our friends, depend on your answer; for, assure yourself, we feel as you feel, with respect to the late ministers and their measures. As Englishmen, we concur in your abhorrence of the use and management of such a prison as that in Cold Bath Fields. A freeholders we desire christianity, as delivered in scripture, and not perverted by the traditions of man. He left to his friends the pain of parting, for death stole upon him in the easiest manner; and he died, as he had lived, calm, serene, and perfectly resigned to every dispensation of providence. To the letter so calling upon him an occasion to express the sentiments to represent the first county in Engwe entertain of your manly opposition land, Sir Francis sent the following to the establishment in Middlesex. answer: In any case, we trust a majority "Gentlemen, of our fellow freeholders will agree "I will freely acknowledge to you, with us, that Sir Francis Bundt is that I have for some time past relinmore worthy than Mr. Mainwaring to quished all thoughts of a seat in Parrepresent the interests, deliver the lament, and have consequently desense, and support the rights of the clined very many overtures for that first county in England. 66 We remain, Sir, "M. PEARSON, &c." purpose. If the people of England are pleased and contented with what has passed, with their present situation, and with the terrible changes which have been made in the laws, This letter was signed by a number constitution, and manner of govern of freeholders. The first on the list ing this country, let statues be erected was a veteran in politics, being at in each county through the land, to that time between eighty and ninety Lord Liverpool, Mr. Pitt, and Mr. 44 Dundas, to whom principally they are from both parties, he did not shew indebted for these blessings. I shall that reprobation of the ministerial not desire to overturn them; but will cause which the times required. remove from such odious and dis- The popular cry was "Burdett, graceful objects, confessing myself and no Bastille!" The people were not fit for the society of such a nation. universally on the side of Burdett; Yet, though disgusted I do not but his canvass was begun too late, despair, I think our country may still and too many votes had been probe saved, but by one means onlyy mised before his name appeared. a fair representation of the people in The inconsistency of promising a parliament. By that alone can we vote, before the names of all the canpossibly obtain the restoration of those didates are known, need not be invaluable rights which have been a pointed out: yet nothing is more vished from us, or the security of what common in England. and nothing little good remains. more shews how imperfectly the Eng"If the county of Middlesex, lish are acquainted with their rights, which, from circumstances, is likely and in how mean estimation they are to be more free, informed, and inde- held. As to those unhappy beings pendent, than any other county in who have only nominally votes, since England, shall be pleased, upon this the giving of them depend upon a principle, (and I wish for no support landlord, or a good customer, or a upon any other principle, holding all public office, they are the objects of palliations nugatory and destructive) our pity; but those persons who are if upon this principle the county of independent, and desert the trust reMiddlesex shall be pleased to intrust posed in them, by giving a vote, within my hands a portion of their present out reflection on its importance, and small and inadequate share of repre- without any view to the public cause, sentation, I will cheerfully and zea- they merit the severest censure. The lously devote myself, my life, and my fortune to their service. I am, Gentlemen, Your obedient humble servant, 78, Piccadilly, FRANCIS BURDETT. June 26, 1802. poll continued for fifteen days, and at the end of each day Sir Francis addressed the people on some topic that rose up with the circumstances of the election, connecting it always with those grand constitutional motives, Thus commenced the arduous con- by which he was actuated. The entest for Middlesex, a county in which thusiasm in his favour cannot be depopular opinion is completely tried, scribed. All the arts used by the and in which ministerial influence too court and the Middlesex magistracy often prevails. The other candidates were unavailing. In times of elecwere Mr. Byng and Mr. Mainwaring; tion Englishmen speak their sentithe former a country gentleman of ments. This privilège still remains; considerable property in the county; and the bastille system received so sethe latter a banker, of Lombard- vere a blow, that it is not likely that, street, of no great extent of business, at least for some time, the same iniquiand of very little landed property: ty should be practised as then called but he was chairman of the bench of out, and received public indignation, justices, and the main-stay of the sys- namely, the treating of freemen untem, which was now under so much tried and uncondemned in the same reprobation, under the name of the manner as if they had been felons. Bastile system. The opposition lay The contest was not decided till the entirely between this gentleman and fifteenth day. At the end of the Sir Francis. Mr. Byng was neutral, eleventh, Mr. Mainwaring had a maand this conduct in a whig not only jority of five hundred and three: but created much surprise, but was the the poll closed with giving to Sir mean of making his seat in future Francis a majority over him of two very precarious. Had he joined Sir hundred and seventy-one. The triFrancis, the ministerial candidate umphal return of Sir Francis from would without any trouble have been Brentford to London declared the joy driven out; but, by keeping aloof of the people at this event, and proved that they were not so cowed by the the poll closed, there were for Sir dastardly arts of Mr. Pitt, as to have Francis Burdett 2823 votes, and for lost entirely those feelings which were Mr. Mainwaring 2828; the objected formerly the pride of Englishmen. votes remaining undecided, not being The ministers had supported the bas- at that time taken into the account: tille system, the people saw it in all but the decision on the objected votes its horrors; and, however low the changed the state of the poll, giving nation may sink in this respect, we to Sir Francis Burdett 2833, to Mr. shall always retain the same senti- Mainwaring 2832, and thus Sir ment; that every nation in which the Francis had a majority of one. The liberty of an individual depends on poll was not declared on that day, the caprice of a minister, and his but the declaration was adjourned to person may be placed under differ- the next, when the sheriff was called ent modes of chains and imprison- upon by some of the freeholders to ment, at the pleasure of a magistrate, make the return by the poll as it without any sentence of law; every stood exactly at three o'clock. The such nation has lost the feeling be- case was argued with the usual sublonging to man, and must sink low tilty by the lawyers on both sides; in the scale of human existence, un- and, as the sheriff's mind was most less by some circumstance it is probably made up by the deliberaroused, and breaks its chains on the tions of the preceding night, the necks of its oppressors. election was declared in favour of Mr. Mainwaring. The success of Sir Francis Burdett was not of very long duration. A This was a great mortification to petition was presented to parliament, the popular party. The night before, and on examining the votes, which on Sir Francis coming from Brentstruck out several on both sides, the ford, a procession followed, reaching balance turned towards Mr. Main- from the hustings to London : innuwaring, and a new election took merable crowds congratulated each place on the 23d of July, 1804. other on the supposed triumph of Mr. Mainwaring, the candidate on their favourite candidate; and the the former occasion, was rendered towns through which it passed, and by the vote of the house incapable the streets of London to the Crown of coming forward, and it was diffi- and Anchor, were illuminated. On cult to find any one willing to come the following day all was gloom, on forward, till his son determined to the news of the sheriff's determinastep in his father's shoes, and receive tion. Sir Francis had, however, tried the countenance of his father's ad- the popular pulse, and the election, herents and patrons. The battle was though unfavourable to him, was not now very severely fought. There considered as any triumph by the were only two combatants, Sir Francis ministerial party. The two elections Burdett and Mr. Mainwaring, jun. had, however, cost a very large sum On this occasion, Sir Francis Bur- of money, which, though it might be dett had the majority for the three easily retrieved by the prudent habits first days; but, on the following days of Sir Francis Burdett, was of bad it was in favour of the other candi- example. The way to have a fair date, with varying numbers, which, trial of the people was to come forat one time, amounted to a hundred ward, and to leave the election to and twenty-two. The last day of their free, unsolicited votes. Unforthe election presented a very curious tunately, this is not a fair trial, for scene. It had been the custom, and we cannot expect so much virtue in a very improper custom it is, for the freeholders of small incomes, that sheriff to examine objected votes at they should lose a day's employment his box, and to leave the decision of for the sake of giving a vote to their some of them to the next day. At favourite candidate, three o'clock in the afternoon, when [To be concluded in our next.] |