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in the manner a constitution does; but was, as far as it went, of the nature of re-conquest, and not of a constitution; for could the nation have totally expelled the usurpation, as France has done its despotism, it would then have had a constitution to form. The history of the Edwards and the Henries, and up to the commencement of the Stuarts, exhibits as many instances of tyranny as could be acted within the limits to which the nation had restricted it. The Stuarts endeavoured to pass those limits, and their fate is well known. In all those instances we see nothing of a constitution, but only of restrictions on assumed power. After this, another William, descended from the same stock, and claiming from the same origin, gained possession; and of the two evils, James and William, the nation preferred what it thought the least; since, from circumstances, it must take one. The act, called the Bill of Rights, comes here into view. What is it, but a bargain, which the parts of the government made with each other to divide powers, profits, and privileges? You shall have so much, and I will have the rest; and with respect to the nation, it said, for your share, you shall have the right of petitioning. This being the case, the bill of rights is more properly a bill of wrongs, and of insult. As to what is called the convention parliament, it was a thing that made itself, and then made the authority by which it acted. A few persons got together, and called themselves by that name. Several of them had never been elected, and none of them for the purpose. From the time of William, a species of government arose, issuing out of this coalition bill of rights; and more so, since the corruption introduced at the Hanover succession, by the agency of Walpole; that can be described by no other name than a despotic legislation. Though the parts may embarrass each other, the whole has no bounds; and the only right it acknowledges out of itself, is the right of petitioning. Where then is the constitution either that gives or that restrains power? It is not because a part of the government is elective, that makes it less a despotism, if the persons so elected possess afterwards, as a parliament, unlimited powers. Election, in this case, becomes separated from representation, and the candidates are candidates for despotism. I cannot believe that any nation, reasoning on its own rights, would have thought of calling those things a constitution, if the cry of constitution had not been set up by the government. It has got into circulation like the words bore and quoz, by being chalked up in the speeches of parliament, as those words were on window shutters and door posts; but whatever the constitution may be in other respects, it has undoubtedly been the most productive machine of taxation that was ever invented. The taxes in France, under the new constitution, are not quite thirteen shillings per head,1 and the taxes in England, under what is called its present constitution, are forty-eight shillings and sixpence per head, men, women, and children, amounting to nearly seventeen millions sterling, besides the expense of collection, which is upwards of a million more. In a country like England, where the whole of the civil government is executed by the people of every town and county, by means of parish officers, magistrates, quarterly sessions, juries, and assize; without any trouble to what is called the government, or any other expense to the revenue than the salary of the judges, it is astonishing how such a mass of taxes can be employed. Not even the internal defence of the country is paid out of the revenue. On all occasions, whether real or contrived, recourse is continually had to new loans and new taxes. No wonder, then, that a machine of government so advantageous to the advocates of a court, should be so triumphantly extolled! No wonder, that St Jamess or St Stephens should echo with the continual cry of constitution; No wonder, that the French revolution should be reprobated, and the res-publica treated with reproach! The red book of England, like the red book of France will explain the reason.2 I will now, by way of relaxation, turn a thought or two to Mr Burke. I ask his pardon for neglecting him so long. America, says he, (in his speech on the Canada constitution bill) never dreamed of such absurd doctrine as the Rights of Man. |
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