The constitution violated : an essay / by the author of the "Memoir of John Grey of Dilston".

  • Butler, Josephine Elizabeth Grey, 1828-1906.
Date:
1871
Catalogue details

Licence: Public Domain Mark

Credit: The constitution violated : an essay / by the author of the "Memoir of John Grey of Dilston". Source: Wellcome Collection.

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    the exercise of power,1 their will, as well as their ability, will continue the same. But we know the effect of pains and penalties in other countries; we know that Parliaments, Senates, and Assemblies have, by such means, been made subservient to the worst and most tyrannical uses that could be made of power;2 and if this should ever unfortunately happen to be our case, our Parliaments will neither be willing nor able to check the abuse of any power, or to punish the offen- ders. For this reason, we ought to be extremely jealous of loading our people with pains and penalties, and subjecting them to a multitude of penal laws; for oppression may be easily cloaked under an Act of Parliament, and many may be punished, under pretence of their having been guilty of some action made penal by Statute without raising any general murmur among the people, or giving alarm to those who think themselves in no danger from any such prosecution. Whereas the least act of oppression without the pretence of Parlia- 1 It would seem that Parliament is not now independent of the permanent Officers of State, as, for instance, the authorities at the Horse Guards. 2 Compare this with what Blackstoue says when speaking of the operations of just law being necessarily slow; that arises, says he, from “ liberty, property, civility, commerce, and an extent of popu- lous territory, which -whenever we are willing to exchange for tyranny, poverty, barbarism, idleness, and a barren desert, we may then enjoy the same despatch of causes as is so highly extolled in some foreign countries.”