THE MONTHLY REGISTER. FOR AUGUST, 1809. PARLIAMENTARY REGISTER. HOUSE OF COMMONS. Wednesday, June 14. The Speaker attended and took the chair, at four o'clock; but only 28 members being in attendance the house adjourned. Thursday, June 15. Sir Francis Burdett.-I rise to offer to the attention of the house a PLAN OF REFORM, not for its immediate adoption, but for its future consideration; to state my opinion to the house, and the public, upon this subject, and to propose to the house to come to a resolution (according to frequent custom at the close of a session), the object of which is, to hold out an assurance to the country, that the house will, at an early period in the next session, take into its consideration the necessity of a reform in the state of the representation. This course I am urged, amongst other reasons, to adopt, in order to get rid of the misrepresentation (unintentional I am willing to believe) which has been so long, and so actively propagated, with regard to my views and opinions on this momentous point: the mischievous tendency of which misrepresentations, as effecting myself personally, would alone have very little influence upon my mind; but it has much, combined with the public in terest. As involved in this most essen tial question, I therefore feel it a duty to myself and the public to relieve this subject from all misrepresentation, ambiguity, and misconception: and in now proposing for discussion, but not for immediate adoption, the outline of a specific plan, I am answering those repeated calls which have been made upon me in this house, to state to this house, and to the public, definitely and precisely, what my views are upon the subject (perpetually agitated) of parliamentary reform, that henceforward it may be fully and clearly understood, how VOL. VI. far I do really mean to go, and at what point I mean to stop. my This is a subject which has long engaged my most anxious attention; and though I very early stated my opinion respecting it, that opinion was not thoughtlessly formed, or rashly hazarded; but after the most diligent inquiry, and minute investigation. If I did not then offer it to the public attention without in those views and mischievous motives, due reflection, still less did it originate to which it has been falsely ascribed a desire to excite discontent, and to agitate the public mind, by exaggerated statements of undefined grievances, beyond the reach of practical constituif such were the case, that tional redress. I am ready to admit, would be as culpable as those who most conduct misrepresent it, would wish it to be considered; and I am willing to confess, that to excite discontent in the public mind by fixing its eye upon necessary and unavoidable evils, beyond of remedy, would be as expower ceptionable and dishonest a proceeding, as to mislead them from their true remedy, and obstinately to withhold that easy redress which the constitution so clearly points out, and so amply affords. from any exaggeration of public griev In this case, I shall cautiously abstain ances, or any expression calculated to excite in any gentleman, or set of genrity of feeling; it being my wish, that tlemen, the slightest irritation, or aspe the question should stand on its own merits, that it should be coolly and candidly considered, and that it should be the subject, not of angry contention, At the same time, there are some doctrines and opibut of fair discussion. nions which have been recently promulgated in this house, of so misleading and mischievous a tendency, that I cannot allow myself to pass them over altogether without some animadversion. the The course I have prescribed for myself is to state the evils arising out of the M defective state of the representation, and then to point out the remedy, which is simple, and perfectly practicable, not only consistent with the habits and interests of the people, and in unison with the laws and constitution of the country, but is (as I think I can shew) THE CONSTITUTION ITSELF Let others deal in whimsical speculations, in undefined mysterious notions of a constitution, which eludes the grasp, and soars above the conception of ordinary minds; let them amuse themselves with intricate theories and fine-spun metaphysics, whilst I shall hold fast by that plain and substantial constitution, adapted to the contemplation of common understandings, to be found in the statute book, and recognized by the common law of the land.-Ifit can be shown that the principles on which I proceed are erroneous, unconstitutional, and inconsistent with the ancient, fundamental laws of England, I shall stand corrected, and willingly abandon my proposition; but if, on the contrary, I shall be able to demonstrate, that the present system is the creature of innovation, and a departure from the old, established, unrepealed laws of the country, and that a recurrence to the practice of those laws, is an easy and adequate remedy for the evil, though I may not indulge a hope of the concurrence of this house, yet I may hope for the approbation of the public, and, at all events, I shall enjoy the satisfaction of knowing that I have performed an essential duty, both to the -people and myself, in bringing forward the present inquiry. Before I proceed to the consideration of the subject more immediately before the house, I think proper to make some remarks upon those very extraordinary doctrines to which I have before alluded.- -It has been asserted, that corruption is not only a part of our constitution that it was not only necessary and to be tolerated, but (as it should seem) that the constitution was to be tolerated for the sake of the cor ruption. We have heard it seriously alledged, that without the auxiliary of corruption in this house the constitution would be insecure, that the government could not be carried on. It has been described as "growing with our growth, " and strengthening with our strength:" it had been more consolatory to have been informed, that it decayed with our decay, and diminished with our "Grows with our growth, and strengthens with our strength?" It is a state of disease necessarily terminating in final dissolution. "The young disease, which must subdue at length, "Grows with our growth, and strengthens with our strength." It applies strongly, indeed, in favour of those who call for some remedy to arrest the progress of destruction, for some stimulus to re-invigorate the constitution and save it from decay, by extirpating the vile and loathsome canker of corruption, which preying upon the vitals, palsies the energies, and consumes the substance, of the country.--The various and contradictory arguments by which this corruption has been attempted to be defended, challenge particular observation: at one time it has been alledged to be so trifling as to be unworthy of our notice; it is represented then as 66 mere cheese-parings and candle-ends." It may, how ever, be worth remarking (by the bye) an old English proverb to be found in Ray's collection, which "all the says "King's cheese goes in parings," and if a cheese is cut straight through the middle it is all parings; whilst at other times these cheese-parings assume shape so formidable as to render any attempt to diminish them fruitless and unavailing; so that, inconsistent in argument, consistent in principle, the defenders of corruption, as it suits their purpose, either represent it as a pigmy beneath notice, or a giant not to be contended with: from which alternate modes of defence we are forced to infer, that in the minds of some gentlemen, corruption, be it small or be it great, is not only not be checked or controuled, but to be fostered and encouraged. We are to hug our disease, and doat on dissolution: but so very opposite is my idea upon this subject, that I say, be corruption small or great, let it assume what form or shape it may, it is an intolerable evil; in the first stage of it ! would have said, "Principiis obsta:" at our high tide of it Lwill exclaim, "plus ultra," that delay is death. The question now is, How the career of this destroyer is to be arrested? In my Ne opinion, there is no way of doing this tives than one, yet do they remain unmixed. But there may be a great convenience in adopting this doctrine of mixed motives, similar to that experienced some time since in keeping mixed accounts; such mixture serving to create confusion and avert detection. I defy any man, however, to shew that such a doctine is reconcilable either with morality or logic. There is one other doctrine, which cannot be passed over without animadversion, equally dangerous, in my mind, with the foregoing ones. It has been held, that whilst the forms of the constitution remained, there was something so excellent in the mere forms, that not only was the possession of them of the highest value, but a hope was thereby justified of an amelioration of the state of the country. My opinion is directly the reverse of this, in which I am supported by the authority of the greatest historians and writers upon political subjects, who have uniformly laid it down, that of all tyrannies a legislative tyranny exercised under the forms of a free government, is the most tremendous and fatal; because without hope of remedy. Tacitus, whose penetration and ability will not be disputed, depicting the melancholy condition of the Roman empire, under that relentless tyrant Tiberius, describes it as most deplorable, not only on account of flagitious acts proceeding from hypocrisy and despotism united, but still more so on account of its hopeless condition, whilst under the mask of freedom, uncontroulable power was exercised; because that cruel tyranny was carried on under the forms of the ancient constitution, There was still a senate debating, consuls appointed, and tribunes of the people, and all the forms of the ancient republic studiously preserved; and by how much the more those forms served as a cloke to hide the odious features of despotic power, by so much the more was it terrible, irresistible, and severe : "Quantoque majore," says Tacitus, "li"bertatis imagine tegebantur, tanto irruptura ad infentius servitium therefore, I am not at all disposed to be satisfied with the forms, when the spirit und essence of the constitution have fled. -We have been reminded of the old fable of the Stag and the Horse, introduced with the view, as it should seem, of warning the people against throwing themselves into the armis of one power, in order to avoid falling into those of another. The application of this fable could not be mistaken; it meant, that the people should not seek to ally themselves with the crown, in order to rid themselves of the grievance of a corrupt house of Commons. To that, warning I cannot lend an ear, having no dread of the prerogative of the crown; which I know forms part of the law of the land, and is material and necessary to maintain the constitution. My only apprehension is, from the usurpation of the legitimate prerogative, by the borough monger faction, and the consequent abuse of it by the agents of that fuction; untruly stiling themselves ministers of the King, servants of the crown; through the medium of this house falsely denominating itself the representatives of the people, My desire, therefore, is to erect a barrier against such usurpation and abuse, by a restoration of the fair balance of the constitution, by giving to each branch its lawful right: thus, providing at once for the defence of the prerogative of the crown, and the protection of the undoubted unalienable rights of the people; and I think there is no difficulty in shewing that they go well together, that one is in trust for the protection of the other, and that in consequence of their having being separated, contrary to the principles, and in violation of the ancient usage of our constitution, those abuses of which the people now complain first crept in, and being once admitted have made such rapid and tremendous strides towards our destruction; in the midst of which, all the specious forms of our constitution have been studiously observed. Thus, as in Rome, the observance of forms, instead of being valuable, as securing any benefit, or justifying any hope, serves only to aggravate the mischief, by adding hypocrisy to despotism, and to embitter the sufferings by deluding and mocking the people. I must not be misunderstood no person is more anxious than myself, for the retention and maintenance of those forms; my wish is, to have the substance also, that the people may not be any longer duped by appearances which serve only to perpetuate the cheat. A charge has been made by the abettors of corruption against those who wish for reform, as innovators and subverters of the constitution of the country, where as, the sole object of us reformers is, to rescue the country from the effects of the innovation that has been introduced. Those who speak so much of innovation seem to forget what the great Lord Bacon has said, that" of all innovators "time is the greatest." Will you, then, while all things are changing around you, determine to stand still? Will you still cling to a rotten-borough system, the creature of innovation, nursed by usurpation, and matured by corruption? for such shall I shew it to be. Is it reasonable that sovereignty should be attached to particular spots and places, and to convert into private property, that which the constitution has declared to be a public trust-to permit an usurped local sovereignty, independent of the King, independent of the people, and destructive to both.-The prerogative of the crown, had it been maintained free from encroachments, would never have suffered this anomaly, this ill-shaped monster, this rotten-borough system, at once formidable and contemptible, to have undermined the constitution. During the whole course of our history, from the time of William the Conqueror to that of William the Third, down to which the legitimate prerogative of the crown was exercised by the King, no such absurdity was conceived as a rottenborough parliament.-That part of the prerogative to issue writs to such places as were judged from time to time, according to their importance, most fit to send proper and discreet persons to the common council of the nation, was a most wise and salutary provision in the code of the constitution, and well calculated to prevent the occurrence of those evils of which, so loudly and with so great reason, we at this day complain. Can we suppose that any King in the possession of his just prerogative would have thought of addressing a writ, when he was exercising that great function of his prerogative, the assembling the great council of the nation, to rotten-boroughs?, or that it would have been endured if he had? The King's writs run, "ad Proceres et Dominos et Communes "Regni," under which description no rotten-borough could be included. Can it be imagined that St, Mawes, the posts of Gatton, or the stones of Midhurst, would have been required to send wise and discreet burgesses to assist with their advice in the great council of the nation? James the First on his accession to the throne, upon summoning the parlia ment, wisely exercised this prerogative by issuing a proclamation, forbidding the sending writs to decayed boroughs; nor was it till the- prerogatives of the crown were encroached upon at the era of the revolution, when the seeds of this rotten-borough system, which have since grown so luxuriantly, and have produced such poisonous effects, the baneful influence of which we now so sensibly feel, were with woeful prodigality first scattered over the land, that the country was deprived of that corrective wisely lodged in the hands of the crown by the constitution, for its preservation against the unavoidable innovations of time, whilst the people, artfully led to ascribe all the evils of the two former reigns to prerogative alone, willingly acquiesced in its retrenchment in which they made a fatal mistake, a mistake originating in the idea that they extended their own liberties in proportion as they curtailed the prerogative of the crown-an ingredient in the constitution as essential to its existence, as is an uncorrupt, full and fair representation of the people in this house. Had the constitutional power of the crown remained undiminished, this house would not now be in its present contaminated state; the just and great prerogative of the crown would have been exercised beneficially, and given the King his proper weight in the administration of national affairs, whilst the people would have a shield-and a shield and not a sword is all the people expect, in an uncorrupted and fairly elected house of Commons.-This I take to be the constitution of England; but out of this usurpation upon the crown, conspiring with the innovations of time, a third power has arisen, that of the borough-mongers-the creature of iunovation, the worm of corruption, always unknown to our laws, now become greater than the laws, equally hostile to King and people, misrepresenting one to the other, filling the mind of one with jealousy, the ears of the other with alarm, which, by perpetuating discord, reigns sole arbiter of the strife, and establishes its ignominious dominion over both. My first object, therefore, is, to reunite the King and the people, by the constitutional bond of allegiance on the one hand, and protection on the other. "The wisdom of our laws," says Lord Çoke," is most apparent in this, that any 66 66 "departure from their established prin"ciples, although at the time wearing "the specious appearance of advantage, never fails to bring along with it, such a train of unforeseen inconveniences, as to demonstrate their excellence, "and the necessity of again having recurrence to them." And, how strikingly that observation is exemplified in the consequences that have followed the departure from the principles of the constitution, which has led to the establishment of this grievous borough-monger system, the inconsistency of which with the principles of our laws and institu tions, so glaring in the terms of the writs of elections, as in every other point of view, no one can dispute. The simple principle upon which, as upon a pivot, the whole of this subject of representation turns, is this; that the free subjects of this kingdom have a right of property in their own goods; in other words, that the people of England cannot be legally and constitutionally taxed without their own consent.-I suppose this will not be denied; and yet it is equally indisputable, that this principle is absolutely annihilated by the present frame of the representation of this house, to which a petition on your table offers to prove, that one hundred and fiftyseven individuals have the power of returning a majority; so that the whole property of the free subjects of this kingdom is, in violation of this first and plain principle, at the disposal of 157 borough-mongers, or in other words, 157 borough-mongers have usurped, and hold as private property, the sovereignty of England. And can we be satisfied with this miserable, pitiful substitution for the king and constitution? - Can the people remain contented with the legis lation of such a power?-Impossible. Believe me, Sir, the discontent that exists in this country, arises principally from the certain knowledge the people now have of the corrupt state of this house, and their exclusion from that share in the constitution to which they are by law intitled, that they are not fairly, nor indeed at all represented,in fact, that the interests of this house are not identified with, but opposite to theirs-remove this defect, repair this great injury, and the advantages will be immediate and important; the people will then believe, that all that is practicable for their benefit will be done, and from that conviction they will na |