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It was by art and impulse; it was by the sinister use made of a season of scarcity; it was under an infinitely diversified succession of wicked pretences, wholly foreign to the question of monarchy or aristocracy, that this light people were inspired with their present spirit of levelling. Their old vanity was led by art to take another turn: it was dazzled and seduced by military liveries, cockades, and epaulets, until the French populace was led to become the willing, but still the proud and thoughtless instrument and victim of another domination. Neither did that people despise, or hate, or fear their nobility. On the contrary, they valued themselves on the generous qualities which distinguished the chiefs of their nation.

So far as to the attack on Mr. Burke, in consequence of his reforms.

To shew that he has in his last publication abandoned those principles of liberty which have given energy to his youth, and, in spite of his censors, will afford repose and consolation to his declining age, those who have thought proper in parliament to declare against his book, ought to have produced something in it which, directly or indirectly, militates with any rational plan of free government. It is something extraordinary, that they, whose memories have so well served them with regard to light and ludicrous expressions which years had consigned to oblivion, should not have been able to quote a single passage in a piece so lately published, which contradicts any thing he has formerly ever said in a style either ludicrous or serious. They quote his former speeches, and his former votes, but not one syllable from the book. It is only by a collation of the one with the other, that the alleged inconsistency can be established. But as they are unable to cite any such contradictory passage, so neither can they shew any thing in the general tendency and spirit of the whole work unfavourable to a rational and generous spirit of liberty; unless a warm opposition to the spirit of levelling, to the spirit of impiety, to the spirit of proscription, plunder, murder, and cannibalism, be adverse to the true principles of freedom.

The author of that book is supposed to have passed from extreme to extreme; but he has always kept himself in the medium. This charge is not so wonderful. It is in the nature of things, that they who are in the centre of a circle should appear directly opposed to those who view them from any part of the circumference. In that middle point, however, VOL. II.-2

he will still remain, though he may hear people who themselves run beyond Aurora and the Ganges, cry out, that he is at the extremity of the west.

In the same debate Mr. Burke was represented by Mr. Fox as arguing in a manner which implied that the British constitution could not be defended, but by abusing all republics ancient and modern. He said nothing to give the least ground for such a censure. He never abused all republics. He has never professed himself a friend or an enemy to republics or to monarchies in the abstract. He thought that the circumstances and habits of every country, which it is always perilous and productive of the greatest calamities to force, are to decide upon the form of its government. There is nothing in his nature, his temper, or his faculties, which should make him an enemy to any republic modern or ancient. Far from it. He has studied the form and spirit of republics very early in life; he has studied them with great attention; and with a mind undisturbed by affection or prejudice. He is, indeed, convinced that the science of government would be poorly cultivated without that study. But the result in his mind from that investigation has been, and is, that neither England nor France, without infinite detriment to them, as well in the event as in the experiment, could be brought into a republican form; but that every thing republican which can be introduced with safety into either of them, must be built upon a monarchy; built upon a real, not a nominal monarchy, as its essential basis; that all such institutions, whether aristocratic or democratic, must originate from their crown, and in all their proceedings must refer to it; that by the energy or that main spring alone those republican parts must be set in action, and from thence must derive their whole legal effect, (as amongst us they actually do) or the whole will fall into confusion. These republican members have no other point but the crown in which they can possibly unite.

This is the opinion expressed in Mr. Burke's book. He has never varied in that opinion since he came to years of discretion. But surely, if at any time of his life he had entertained other notions, (which, however, he has never held or professed to hold) the horrible calamities brought upon a great people, by the wild attempt to force their country into a repub lic, might be more than sufficient to undeceive his understanding, and to free it for ever from such destructive fancies. He is certain, that many even in France, have been made sick of

their theories by their very success in realizing them.

To fortify the imputation of a desertion from his principles, his constant attempts to reform abuses, have been brought forward. It is true, it has been the business of his strength to reform abuses in government; and his last feeble efforts are employed in a struggle against them. Politically he has lived in that element; politically he will die in it. Before he departs, I will admit for him that he deserves to have all his titles of merit brought forth, as they have been, for grounds of condemnation, if one word, justifying or supporting abuses of any sort, is to be found in that book which has kindled so much indignation in the mind of a great man. On the contrary, it spares no existing abuse. Its very purpose is to make war with abuses; not, indeed, to make war with the dead, but with those which live, and flourish, and reign.

The purpose for which the abuses of government are brought into view, forms a very material consideration in the mode of treating them. The complaints of a friend are things very different from the invectives of an enemy. The charge of abuses on the late monarchy of France, was not intended to lead to its reformation, but to justify its destruction. They who have raked into all history for the faults of kings, and who have aggravated every fault they have found, have acted consistently; because they acted as enemies. No man can be a friend to a tempered monarchy who bears a decided hatred to monarchy itself. He who, at the present time, is favourable or even fair to that system, must act towards it as towards a friend with frailties, who is under the prosecution of implacable foes. I think it a duty in that case, not to inflame the public mind against the obnoxious person, by any exaggeration of his faults. It is our duty rather to palliate his errors and defects, or to cast them into the shade, and industriously to bring forward any good qualities that he may happen to possess. But when the man is to be amended, and by amendment to be preserved, then the line of duty takes another direction. When his safety is effectually provided for, it then becomes the office of a friend to urge his faults and vices with all the energy of enlightened affection, to paint them in their most vivid colours, and to bring the moral patient to a better habit. Thus I think with regard to individuals; thus I think with regard to ancient and respected governments and orders of men. A spirit of reformation is never more consistent with itself, than when it

refuses to be rendered the means of destruction.

I suppose that enough has been said upon these heads of accusation. One more I had nearly forgotten, but I shall soon dispatch it. The author of the Reflections, in the opening of the last parliament, entered on the journals of the house of commons a motion for a remonstrance to the crown, which is substantially a defence of the preceding parliament, that had been dissolved under displeasure. It is a defence of Mr. Fox. It is a defence of the Whigs. By what connection of argument, by what association of ideas, this apology for Mr. Fox and his party is, by him and them, brought to criminate his and their apologist, I cannot easily divine. It is true, that Mr. Burke received no previous encouragement from Mr. Fox, nor any the least countenance or support at the time when the motion was made, from him or from any gentleman of the party, one only excepted, from whose friendship, on that and on other occasions, he derives an honour to which he must be dull indeed to be insensible.* If that remonstrance therefore was a false or feeble defence of the measures of the party, they were in no wise affected by it. It stands on the journals. This secures to it a permanence which the author cannot expect to any other work of his. Let it speak for itself to the present age, and to all posterity. party had no concern in it; and it can never be quoted against them. But in the late debate it was produced, not to clear the party from an improper defence in which they had no share, but for the kind purpose of insinuating an inconsistency between the principles of Mr. Burke's defence of the dissolved parliament, and those on which he proceeded in his late Reflections on France.

The

It requires great ingenuity to make out such a parallel between the two cases, as to found a charge of inconsistency in the principles assumed in arguing the one and the other. What relation had Mr. Fox's India bill to the constitution of France? What relation had that constitution of the question of right, in a house of commons, to give or to withhold its confidence from ministers, and to state that opinion to the crown? What had this discussion to do with Mr. Burke's idea in 1784, of the ill-consequences which must in the end arise to the crown from setting up the commons at large as an opposite interest to the commons in parliament? What has this discussion to do with a recorded warning to the people, of

Mr. Windham.

their rashly forming a precipitate judgment against their representatives? What had Mr. Burke's opinion of the danger of introducing new theoretic language unknown to the records of the kingdom, and calculated to excite vexatious questions, into a parliamentary proceeding, to do with the French assembly, which defies all precedent, and places its whole glory in realizing what had been thought the most visionary theories? What had this in common with the abolition of the French monarchy, or with the principles upon which the English revolution was justified; a revolution in which parliament, in all its acts and all its declarations, religiously adheres to "the form of sound words," without excluding from private discussions, such terms of art as may serve to conduct an inquiry for which none but private persons are responsible? These were the topics of Mr. Burke's proposed remonstrance; all of which topics suppose the existence and mutual relation of our three estates; as well as the relation of the East India company to the crown, to parliament, and to the peculiar laws, rights, and usages of the people of Hindostan. What reference, I say, had these topics to the constitution of France, in which there is no king, no lords, no commons, no India company to injure or support, no Indian empire to govern or oppress? What relation had all or any of these, or any question which could arise between the prerogatives of the crown and the privileges of parliament, with the censure of those factious persons in Great Britain, whom Mr. Burke states to be engaged, not in favour of privilege against prerogative, or of prerogative against privilege, but in an open attempt against our crown, and our parliament; against our constitution in church and state; against all the parts and orders which compose the one and the other?

No persons were more fiercely active against Mr. Fox, and against the measures of the house of commons dissolved in 1784, which Mr. Burke defends in that remonstrance, than several of those revolution-makers, whom Mr. Burke condemns alike in his remonstrance, and in his book. These revolutionists, indeed, may be well thought to vary in their conduct. He is, however, far from accusing them, in this variation, of the smallest degree of inconsistency. He is persuaded, that they are totally indifferent at which end they begin the demolition of the constitution.-Some are for commencing their operations with the destruction of the civil powers, in order the better to pull down the ecclesiastical; some wish to begin with the ecclesiastical, in order to

facilitate the ruin of the civil; some would destroy the house of commons through the crown; some the crown through the house of commons; and some would overturn both the one and the other through what they call the people. But I believe that this injured writer will think it not at all inconsistent with his

present duty, or with his former life, strenuously to oppose all the various partizans of destruction, let them begin where, or when, or how they will. No man would set his face more determinedly against those who should attempt to deprive them, or any description of men, of the rights they possess. No man would be more steady in preventing them from abusing those rights to the destruction of that happy order under which they enjoy them. As to their title to any thing further, it ought to be grounded on the proof they give of the safety with which power may be trusted in their hands. When they attempt without disguise, not to win it from our affections, but to force it from our fears, they shew, in the character of their means of obtaining it, the use they would make of their dominion. That writer is too well read in men, not to know how often the desire and design of a tyrannic domination lurks in the claim of an extravagant liberty. Perhaps in the beginning it always displays itself in that manner. No man has ever affected power which he did not hope from the favour of the existing government, in any other mode.

The attacks on the author's consistency relative to France, are (however grievous they may be to his feelings) in a great degree external to him and to us, and comparatively of little moment to the people of England. The substantial charge upon him is concerning his doctrines relative to the revolution of 1688. Here it is, that they who speak in the name of the party have thought proper to censure him the most loudly, and with the greatest asperity. Here they fasten; and, if they are right in their fact, with sufficient judgment in their selection. If he be guilty in this point he is equally blameable, whether he is consistent or not. If he endeavours to delude his countrymen by a false representation of the spirit of that leading event, and of the true nature and tenure of the government formed in consequence of it, he is deeply responsible; he is an enemy to the free constitution of the kingdom. But he is not guilty in any sense, I maintain that in his Reflections he has stated the revolution and the settlement upon their true principles of legal reason and constitutional policy.

His authorities are the acts and declarations

of parliament given in their proper words. So far as these go, nothing can be added to what he has quoted. The question is, whether he has understood them rightly. I think they speak plain enough. But we must now see whether he proceeds with other authority than his own constructions; and if he does, on what sort of authority he proceeds. In this part, his defence will not be made by argument, but by wager of law. He takes his compurgators, his vouchers, his guarantees, along with him. I know, that he will not be satisfied with a justification proceeding on general reasons of policy. He must be defended on party grounds too; or his cause is not so tenable as I wish it to appear. It must be made out for him, not only, that in his construction of these public acts and monuments he conforms himself to the rules of fair, legal, and logical interpretation; but it must be proved that his construction is in perfect harmony with that of the ancient whigs, to whom, against the sentence of the moderns, on his part, I here appeal.

This July, it will be twenty-six years* since he became connected with a man whose memory will ever be precious to Englishmen of all parties, as long as the ideas of honour and virtue, public and private, are understood and cherished in this nation. That memory will be kept alive with particular veneration by all rational and honourable whigs. Mr. Burke entered into a connection with that party, through that man, at an age, far from raw and immature; at those years when men are all they are ever likely to become; when he was in the prime and vigour of his life; when the powers of his understanding, according to their standard, were at the best; his memory exercised; his judgment formed; and his reading, much fresher in the recollection, and much readier in the application, than now it is. He was at that time as likely as most men to know what were whig and what were tory principles. He was in a situation to discern what sort of whig principles they entertained, with whom it was his wish to form an eternal connection. Foolish he would have been at that time of life (more foolish than any man who undertakes a public trust would be thought) to adhere to a cause, which he, among all those who were engaged in it, had the least sanguine hopes of a road to power.

There are who remember, that on the removal of the whigs in the year 1766, he was as free to choose another connection as any man

* July 17, 1765.

in the kingdom. To put himself out of the way of the negociations which were then carrying on very eagerly, and through many channels, with the earl of Chatham, he went to Ireland very soon after the change of ministry, and did not return until the meeting of parliament. He was at that time free from any thing which looked like an engagement. He was further free at the desire of his friends, for the very day of his return, the marquis of Rockingham wished him to accept an employment under the new system. He believes he might have had such a situation; but again he cheerfully took his fate with the party.

It would be a serious imputation upon the prudence of my friend, to have made even such trivial sacrifices as it was in his power to make, for principles which he did not truly embrace, or did not perfectly understand. In either case the folly would have been great. The question now is, whether, when he first practically professed whig principles, he understood what principles he professed; and whether in his book, he has faithfully expressed them.

When he entered into the whig party, he did not conceive that they pretended to any discoveries. They did not affect to be better whigs than those who lived in the days in which principle was put to the test. Some of the whigs of those days were then living. They were what the whigs had been at the revolution; what they had been during the reign of queen Anne; what they had been at the accession of the present royal family.

What they were at those periods is to be seen. It rarely happens to a party to have the opportunity of a clear, authentic, recorded declaration of their political tenets upon the subject of a great constitutional event like that of the revolution. The whigs had that opportunity, or, to speak more properly, they made it. The impeachment of Dr. Sacheverel was undertaken by a whig ministry and a whig house of commons, and carried on before a prevalent and steady majority of whig peers. It was carried on for the express purpose of stating the true grounds and principles of the revolution; what the commons emphatically called their foundation. It was carried on for the purpose of condemning the principles on which the revolution was first opposed and afterwards calumniated, in order by a juridical sentence of the highest authority to confirm and fix whig principles, as they had operated both in the resistance to king James, and in the subsequent settlement; and to fix them in the extent and with the limitations with which it

all men.

was meant they should be understood by posterity. The ministers and managers for the commons were persons who had, many of them, an active share in the revolution. Most of them had seen it at an age capable of reflection. The grand event, and all the discussions which led to it, and followed it, were then alive in the memory and conversation of The managers for the commons must be supposed to have spoken on that subject the prevalent ideas of the leading party in the commons, and of the whig ministry. Undoubtedly they spoke also their own private opinions; and the private opinions of such men are not without weight. They were not umbratiles doctores, men who had studied a free constitution only in its anatomy, and upon dead systems. They knew it alive and in action.

In this proceeding, the whig principles, as applied to the revolution and settlement, are to be found, or they are to be found no where. I wish the whig readers of this appeal first to turn to Mr. Burke's Reflections from page 49 to page 81; and then to attend to the following extracts from the trial of Dr. Sacheverel. After this, they will consider two things; first, whether the doctrine in Mr. Burke's Reflections be consonant to that of the whigs of that period; and secondly, whether they choose to abandon the principles which belonged to the progenitors of some of them, and to the predecessors of them all, and to learn new principles of whiggism, imported from France, and disseminated in this country from dissenting pulpits, from federation societies, and from the pamphlets, which, (as containing the political creed of those synods) are industriously circulated in all parts of the two kingdoms. This is their affair, and they will make their option. These new whigs hold, that the sovereignty, whether exercised by one or many, did not only originate from the people, (a position not denied, nor worth denying or assenting to) but that, in the people the same sovereignty constantly and unalienably resides; that the people may lawfully depose kings, not only for misconduct, but without any misconduct at all; that they may set up any new fashion of government for themselves, or continue without any government at their pleasure; that the people are essentially their own rule, and their will the measure of their conduct; that the tenure of magistracy is not a proper subject of contract; because magistrates have duties, but no rights; and that if a contract de facto is made with them in one age, allowing that it binds at all, it only binds those who are imme

diately concerned in it, but does not pass to posterity. These doctrines concerning the people (a term which they are far from accurately defining, but by which, from many circumstances, it is plain enough they mean their own faction, if they should grow by early arming, by treachery, or violence, into the prevailing force) tend, in my opinion, to the utter subversion, not only of all government, in all modes, and to all stable securities to rational freedom, but to all the rules and principles of morality itself.

I assert, that the ancient whigs held doctrines, totally different from those I have last mentioned. I assert, that the foundation laid down by the commons, on the trial of Dr. Sacheverel, for justifying the revolution of 1688, are the very same laid down in Mr. Burke's Reflections; that is to say,—a breach of the original contract, implied and expressed in the constitution of this country, as a scheme of government fundamentally and inviolably fixed in king, lords, and commons.-That the fundamental subversion of this ancient constitution, by one of its parts, having been attempted, and in effect accomplished, justified the revolution. That it was justified only upon the necessity of the case; as the only means left for the recovery of that ancient constitution, formed by the original contract of the British state; as well as for the future preservation of the same government. These are the points to be proved.

A general opening to the charge against Dr. Sacheverel was made by the attorney-general, Sir John Montagu: but as there is nothing in that opening speech which tends very accurately to settle the principle upon which the whigs proceeded in the prosecution, (the plan of the speech not requiring it,) I proceed to that of Mr. Lechmere, the manager, who spoke next after him. The following are extracts, given, not in the exact order in which they stand in the printed trial, but in that which is thought most fit to bring the ideas of the whig commons distinctly under our view.

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