things, there is only one circumstance to be regretted; | danger amidst such laudable pleasures; and while that the poor strolling players would be entirely suthe Pretorian guards were massacring one emperor perseded in their calling. and setting up another, and the barbarians were threatThe effect which the example of these young gen-ening to knock at their gates, the stage still flourished, tlemen is likely to have upon the community at large, were observed about a twelvemonth ago, when the celebrated exhibitions at Chatham and elsewhere, so inflamed the ambition of the heroes of Bond-street and Rotten-row, that a competition was resolved upon, and the Pic-Nics promised to set Sheridan and Harris at defiance. The public were not however as yet properly prepared for this new improvement: they could not see why the professional actors should have their trade snatched out of their hands by those who hal Served no regular apprenticeship to it; and not a few husbands and fathers did not much relish the succession of plays, balls, crowded rooms, hot suppers and wines, till a late hour in the morning. The hue and ery was accordingly set up by the newspapers; and the pic-nics were actually written out of countenance, very much to the disgrace of our national refinement. If our young officers, however, persevere in their laudable pursuits, it is not to be doubted that this phenix will again arise from its ashes.

and the pic-nics of Rome were in the highest repute. Even after the Roman empire was confined to the walls of Constantinople, the passion for the theatre and its kindred exhibition the circus was in no degree || abated; and the green and blue factions, (in other words, the Circus, and Sadler's-wells,) by turns decided the claims of the candidates for the throne. It is to be hoped that Great Britain will pay due regard to those illustrious examples set before her; and prove her progress in refinement by turning a | play-acting nation. To the spirited young officers, who in defiance of prejudice, have led the way, we all owe the greatest obligations; and they will of course meet on all hands the honour they deserve. If we are destined to become the subjects of Bonaparte, why, we must even submit; but in all events, although he should cut the throats of our other soldiers, he will certainly spare those brilliant youths who have bestowed so much pains in qualifying themselves for his private company of English tragedians. Should they attain this high station, however, I must caution them to omit the poisoning scene in Hamlet, prince of Denmark, as it might cost them a voyage, along with the news-paper writers to Cayenne. I understand that Venice Preserved is at present in re

There is one part of the community, and that part whose advocate I always love to be, for whom it is necessary to offer an apology on this occasion. The fair sex have not come forward, as might surely have been expected of them, to second the efforts of our enterprising youths; and our barrack dramas havehearsal, I suppose to meet the arrival of our conqueror; still been obliged to draw for Queens and Confidantes but I fear a conspiracy will be too much for the nerves on the privileged theatres. I have indeed heard it ge- of his Consular Majesty. nerally urged in their behalf, that this backwardness was not so much to be attributed to their own inclinations; but that there are certain odd people who will not allow their daughters to exhibit their shapes on a stage; and who cannot patiently endure to see their wives languishing even in the chaste embraces of a hero.

POLITICAL ESSAYS.

On the Prerogative of the King to call out under Arms, all the Inhabitants of the Kingdom, in case of Invasion. (Continued.)

WE considered in our last Number, the foundation which is laid in our actual laws, for this claim of power in the crown; and found that there is no such

The question still remains, whether

it would be beneficial for such a power to be vested in the crown; and whether, therefore, its exercise should not be permitted, though it is not sanctioned by po sitive statute.

To remove the idle scruples of the prejudiced, and to urge forward the national refinement, it may be proper that I should mention the devotion paid to dra-foundation. matic entertainments by the ancient nations who arrived at the highest pitch of civilization. The Athenians, it is well known, spent the revenues of the state on their theatre; and forgot, amidst the applauses showered on their favourite actors, that the liberties of Greece were threatened, or that such a barbarian as Philip existed. Indeed, had it not been for that hoarse-power would be attended with great and manifold lunged fellow, Demosthenes, who kindled a barbarous thirst of carnage among them, they might long have continued to enjoy their pleasures; they would have saved many a bloody battle, enjoyed many a delightful play; and if Philip bad come at last, he would surely still have left them their theatre.

The Romans were not a whit behind their Grecian preceptors; and after the Emperors had kindly taken upon themselves the cares of government, and left the people nothing to do but to mind their pleasures, knights and senators, as well as officers of the guards, made no scruple of appearing publicly on the stage. The ladies soon followed their example; and even the empresses began to relish the sweets of a dramatic hug. The citizens of Rome forgot every care and

We shall explain our sentiments on this subject. In the first place, we think the exercise of such a dangers. It gives a king too unlimited a dominion over the lives and fortunes of the people. It is not a slight gift, to convey to him the power of suspending the exercise of the laws, as often as he pleases, and of putting the whole nation under martial law. When the whole people are carried out to oppose an invading enemy, they are not only withdrawn from their fanlies, and occupations, which is hardship enough: they are placed under martial law, "which is built upon no settled principles," as Blackstone says, "but is entirely arbitrary in its decisions ;" and thus the lives of the whole people are at once submitted to the absolute will of the reigning prince.

Indeed we cannot conceive that any thing more than such a privilege as this, would be wanting to

561

On his Majesty's Prerogative to call out the People under Arms-Continued.

562

trifling pretence on the score of invasion might be procured, setting the terrors of martial law out of the question, might be employed to the most pernicious. purposes.

We may easily conceive some of the dangerous purposes to which it might be directed. The king together with the power of calling the people to arms in general, must have the discretionary power of selecting what part of the people he thinks fittest to meet the occasion. If he has not this discretionary power, the general power is altogether nugatory and useless; for the whole people can never be called to

sudden emergence does not afford time to dispatch the summons to the whole nation, before part of it is urgently wanted; and to place the whole of a nation, in that state of society and manners which is found at present in Britain, under arms even for a few weeks, would be utterly impossible. The power therefore, of chusing what part should be so placed, and what not, is necessarily connected with that prerogative of the King which is now contended for.

enable an enterprizing and ill-designing monarch, to establish a military government, and unlimited despotism; except indeed, armed resistance, (which, if the prince should prove superior, would be called rebellion) should interfere. How easy would it be for a king, by an infamous paction with some neighbouring government, to procure a continual semblance of invasion; and thus to have a pretence for laying the people as often, and keeping them as long as he pleased, under the terrors and miseries of martial law? How easy would it be for him by this expedient, to cut off as many of the people as might be obnoxious to him? Whoever might be suspected of a disposi-gether to one point to resist any opposing force; a tion to resist the progress of arbitrary power could be quickly dispatched. This would be the certain fate in particular of all among the noble and powerful who should be suspected of an attachment to freedom. | The unlimited power which this state of things would give the King, of marshalling and ordering the people, would give him peculiar facilities in the work of despotism. In other situations, the people are naturally arranged in their several ranks; and certain individuals, from their place and fortune, possess an inde- But the power of placing one part of the people pendent influence in the community; which a con- under all the hardships of military service and of siderable part of them at least, will always be dis- martial law, and of exempting from them another, posed to exert for the good of the community, and in gives the King an opportunity and a temptation to resistance of every attempt against it, whether such gratify his partialities and dislikes, to the utter suban attempt proceed from the King, or from any other version of justice, and the misery of his whole people. quarter. By the exercise of his prerogative, as captain- From what has already been said, it is surely not difgeneral of the whole people called out under martial ficult to conceive how easily the pretence of invasion Jaw, the sovereign would have it in his power com- might be made a state engine. Our history, too, pletely to elude and baffle this salutary controul. He affords a considerable number of examples, of the would have it in his power to place every person whom facility with which the pretence of plots, and disafhe feared in a subordinate situation, where his efforts fection, a more delicate instrument, may be made a could be of little avail. He would assign to the places very powerful state engine. Suppose a King then to of power and influence none but the creatures about have conceived offence against any quarter of his dohim, the mean instruments of his gratification. A minions; a quarter which perhaps has opposed with combination of circumstances may be conceived, particular spirit his encroachments upon its liberties; which would enable him to continue this forced situa- how easily might the state engine we are considering tion of affairs a very considerable time. To a very be plied against it; and how easily might it be ha considerable degree, therefore, might be confirmed rassed with military duty, and martial law, till it were both the degradation of the people of natural conse- altogether ruined? A punishment would thus be alquence in the state, and the power and influence of ways in readiness for a county or a borough, which the minions of the despot; a mighty change might should send to parliament a refractory member; and thus be introduced in the affairs of the nation, by the it would soon be taught to look out for a representative very first essay of the effects of martial law extended of a more compliant and loyal disposition. A punishto the whole people capable of bearing arms; this ment too would always be ready for any individual, change would make the introduction of the same me who should render himself obnoxious to the court; measure still easier a second time, and its effects more and he might be sent, not to the galleys, or to Caypowerful; and thus, by no lingering process, might the enne, or to the Bastille, but to something milder, to work of despotism be accomplished. arms, and to martial law.

But without any longer extending our views to the distant consequences of this extraordinary power; it is evident that the exercise of martial law, over the whole people, as often as a prince of vicious inclinations might find a pretence for it in a sham invasion, would convey to him such a power over the dearest interests of every one in the nation, as no people, who have any regard to freedom or happiness, could bear -the thought of being subject to. And indeed the power itself of harassing the people by calling them off from their concerns, on which their subsistence depends, to an attendance upon arms, as often as any

VOL. III.

It might happen that a particular district should wish to procure exemption from the hated exercise of this prerogative by a sum of money; and secret contrivances might be procured for effecting the bargain. This practice once begun, it is evident to what an extent it might be carried. Thus a new and most formidable power would be created, by which the prince might effect his despotical purposes. He would possess the means of extorting money from his subjects to an unlimited extent. He would thus be exempted from the controul of parliament, for the supply of his pecuniary wants; and possessing, in the exercise 2 N

of martial law, unbounded power over the persons, and lives of the people; he could have no obstacles in his ambitious career.

of the inhabitants as necessary to be employed in its defence as their bodily powers? Is there any part of it which on a necessary occasion ought to be withheld? Whenever invasion happens, is there any donbt that all the property necessary to render effectual the efforts of resistance ought to be at command to the value of the last shilling in the kingdom? But do we say, for that reason, that whenever invasion happens, the King's

Men are not, in general, fond of looking at distant and disagreeable consequences. They are not easily brought to attend to them, and to value them at their true worth; and when it requires some exertion to resist the practice or change with which these effects are connected, they are too often, from this unwil-prerogative gives him an uncontrouled power over all lingness to consider the end, and from indolence and timidity, induced to permit the introduction of an evil, which afterwards levels them, or their posterity, with the ground. We do not deny that in such a state of society as that to which we are now brought in this country, a prince would in all probability find himself defeated in the nefarious design we have been describing; that is to say, the people being too enlightened not to perceive his object, would make sufficient shew of resistance to terrify him from its prosecution. We do not deny therefore that a prince, from the view of such a consequence as this, would be restrained from making the very worst use of the dangerous and extravagant power implied in the prerogative which we are now considering. But we say, it is possible, that even in such a state of society as that in which we live, the exercise of this prerogative might be so aided by circumstances, as to enable him to establish a firm system of arbitrary power.

the property in the kingdom? Could we bear to hear such a doctrine as this broached. Yet it is as necessary for the King to have the power of obtaining the property which is wanted to resist invasion, as to have the power of obtaining the men, who are requisite for resisting it. It is observable too, that a sudden emergence might render a sudden supply of money as necessary for the service of the state, as a sudden supply of armed men. But have we on that account left the measure of that supply, and the manner of procuring it to the discretion of the King, on any occasion whatever? By no means. For what reason? Because no emergence can be expected to happen when a legal provision for the necessities of the occasion cannot be procured with sufficient celerity; and because the permission to the King of a power to supply himself at his own discretion, would be attended with the most pernicious consequences. In like manner no emergence can be expected, especially when we consider the military force which even in peace is kept up in this country, and the militia whom even the prospect of war enables the King to call out, on which emergence a provision cannot be made by parliament with sufficient celerity for raising men to defend the country; and in this case too a power granted to the King of supplying himself with men at his own discretion would be attended with fatal

We were, from habit, about to say that it would enable him to overthrow the constitution, before we said that it would enable him to establish arbitrary power. But this was inadvertence. Where this prerogative exists there can be no constitution. Where it exists the King has all power. Apprehensions from the spirit of the people may make him afraid to exert it. But it is the fear of resistance in the people, not the bonds of law which can restrain him. For he has || consequences. it in his power, whenever he pleases, to make a law, Mr. Pitt tells us that the instruments by which this the martial, which he can dictate himself. power might be exercised would be responsible. A We are told however, that the exercise of this pre-fine retribution, truly! Why, the thing to be chiefly rogative is absolutely necessary; and that whatever || may be the dangers with which it is attended, we may indeed contrive the most effectual means in our power to prevent their being realized, but we must not think of dispensing with that delegation of power, since the benefits which it brings are of the greatest importance. Of this doctrine too Mr. Pitt is a patron. He declares that the power of calling out all the people to bear arms in case of invasion ought to be lodged in the King; because the King ought to have the power of compelling every man to contribute to the defence of his country; and the King's ministers he says, are awfully responsible for the transactions which take place in that dread period between the suspension of the laws, and the renewal of their exercise.

We doubt not that Mr. Pitt uttered this opinion without having thought very distinctly of the question. Undoubtedly the King ought to have the power of compelling every man to contribute his bodily efforts to the defence of his country. But is it not equally true that the King ought to have the power of compelling every man to contribute his means and possessions to the defence of the state? Is not the property

dreaded in the exercise of the power we talk of, is that it has a tendency to enable those who exercise it to place themselves above all the fears of responsibility. Mr. Pitt is very fond of this doctrine of responsibility. His constant cry has been, give me plenty of power, and then I will stand upon my responsibility. His agents in Ireland had plenty of power during the reign of martial law, and used it finely. They too stood upon their responsibility. And how did they manage it? They procured an act of indemnity as soon as their martial law was at an end, and buried their responsibility in the ground.

However much Mr. Pitt may like the doctrine of trusting to responsibility, the laws of no well-ordered country like it. And they never trust any thing to responsibility which they can help. It is their first object to prevent the possibility of doing amiss; only the second to punish it after it is done. The thief is not only hanged, if he is caught, but watchmen and guards are appointed to prevent him from stealing. Yet the thief might easily adopt Mr. Pitt's language; and say, why provide locks and bars to your houses? leave me full admission; you know I stand upon my responsibility, and shall be hanged if I take away any

thing. We are afraid we should hardly be more in-army have been raised by the prospect held out to clined to trust the rogue on account of this oration; but rather should think proper to stand more on our guard, suspecting him of a particular design to rob us. The people of this country have always been extremely cautious of giving any power over their property not exactly defined by law. They ought not to be less cautious, in giving over their persons any power not exactly defined by law. Our sovereigns long strove to obtain the command of our purses; and were defeated with great difficulty. We have no suspicion that the pretension to a power over our persons will be maintained with much violence, or perseverance. But let it not be neglected on that account. It ought to be as openly disavowed as it has been openly advanced.

them of the conquest and plunder of Great-Britain. The late conspiracy seems to have precipitated his resolutions. The alarm of assassination continually haunts him; and he imagines, that if his successor is once named and the sovereign power rendered hereditary in his family, his personal danger will then be diminished, as the conspirators cannot then hope by his single death to destroy the order of things he has established. Perhaps also, from a knowledge of the French character, he expects that the title of Emperor of the Gauls will have the effect of throwing a certain dignity around his person which the discontented will feel a dread to violate. In unison with the wishes of the Consul, his minions throughout France have begun to express their fervent vows that he will deign to consolidate the happiness of the French by establishing the succession hereditary in his family. A Prefect has written a book to prove the propriety of this step, and addresses begin to pour in from the departments. The son of Louis Bonaparte, who married Mademoiselle Beauharnois, is, it is thought, to be declared heir to the empire; and other changes are to be introduced into the government to correspond with the new dignities of the Emperor of the Gauls. The question rendering the succession hereditary has been discussed already in the Tribunate; and Carnot alone has ventured to enter a dissentient || voice amidst the acclamations of servility.

If the pretence of invasion should be admitted to convey an unlimited power over our persons, we should expect to hear speedily that it conveys a similar power over our properties. Indeed the one power is altogether useless without the other. The ordinary revenue of the state is all appropriated. The King suddenly calls out his people. How are they to be supported? The King must take the means of supporting them, wherever they are to be found. If this is to be the case, we desire to know where our liberties are to be for the future. But if the persons of the people are to be at the disposal of the King, in case of invasion, what reason is there why their property should not be so too? If power over the property be necessary for the defence of the country, property is surely not more sacred than our persons. Yet we have been able to defend our country for these two hundred years without any discretionary power over our property. We have thought, and we have thought truly that the dangers arising from such a power, were much greater than any dangers of inva-ward, were carried imperceptibly a hundred miles at sion. And it ought not fo require any words to prove to us that the danger of an unlimited power over our persons is much greater than any dangers of invasion.

Political History from May 1 to May 16.

FOREIGN.

DOMESTIC.

WEST INDIA FLEET.-A most severe loss was sustained by our West India trade on the 2d of last month. A large fleet of West India merchantmen, under convoy of the Apollo and Carysfort frigates were overtaken by violent gales off the coast of Portugal; and, a strong current setting in to the eastleast out of their course. The Apollo, which led the fleet, having therefore shaped her course to clear Cape Verd on a false reckoning, went on shore on the morning of the 2d, and was followed by seven and thirty vessels of the convoy. The Carysfort, and the remainder fortunately stood off in time to save themselves. Accounts have not yet been received of what THE BONAPARTE DYNASTY.-The whole atten- number of the crews have been lost; but it is contion of the Continent seems at present to be occupied || cluded that all the vessels which went on shore were by the incense which Bonaparte is about to offer up beaten to pieces by the high surf. The ships lost beto his vanity it does not deserve the name of ambi-longed almost exclusively to Glasgow and Liverpool. tion. It is a considerable time since the First Consul became quite intoxicated with the idea of imitating Charlemagne, and it is now two years since every art was tried to reconcile the people of France to the title of Emperor of the Gauls. The ridicule thrown upon this scheme by the English Journals, was one great cause of its being given up at that time; and the manner in which they exposed the Consul's vanity and pitiful arts on this occasion was the chief cause of the inveterate antipathy he conceived against them. The present has, however, seemed a favourable opportunity to renew the attempt to assume the title and dignities of Charlemagne. The Consul has at his command an immense army completely sufficient to intimidate the people of France; and the hopes of this

THANKS TO THE INDIAN ARMY.-After the expressions which had been thrown out in parliament relative to an inquiry into the causes of the war in India, no small surprise was excited by a motion which Ministers brought forward in both Houses of Parliament on the 3d inst. for a vote of thanks to the army in India, in which Marquis Wellesley was to be included. It was indeed explained that this vote of thanks was only to regard the brilliancy of the military exploits, while the House were at liberty to employ a sort of mental reservation in respect to the justice or injustice of performing these exploits. It is evident that after this question was brought before them, parliament could not do less than vote the thanks required, as a refusal to do so would have been