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CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
 THIS BOOK IS ONE OF 
 A COLLECTION MADE BY 
 
 BENNO LOEWY 
 
 1854-1919 
 
 AND BEQUEATHED TO 
 CORNELL UNIVERSITY 
 
Z657 Faa""*" ""'**"">' '■""■^'y 
 
The original of tliis book is in 
 tlie Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924029522897 
 
THE RESOLUTIONS 
 
 OF THE FIRST MEETING OF THE 
 
 Friends to the Liberty of the Prefs, 
 
 December 19th, 1792. 
 
 ALSO, 
 
 THE DECLARATION 
 
 OF THE 
 
 Second Meeting, January 22nd, 1793, 
 
 WRITTEN BY THE ' 
 
 Hon. THOMAS ERSKINE; 
 
 TO WHICH IS ADDED, 
 
 A LETTER 
 
 T 6 
 
 Mr. REEVES, Chairman of the Aflbciation for 
 preferving Liberty and Property ; 
 
 By THOMAS LAW, Efq, 
 
 Late one of the Committee' of that Society. 
 
 LONDON/ 
 
 TRINTED FOR J. RIDGWAY, 
 
 Y:OKK-STREET, ST. JAMIS S-SQUARK 
 
 1793. 
 
 \_Price Sixpence.^ 
 
THE 
 
 RESOLUTIONS 
 
 or THE FIRST MEETING OF TH]^ 
 
 Friends to the Liberty of the Prefs. 
 
 free Mafiii'i Tavergf Dicemier 
 
 At a Genera! Meeting of the Friends of the Freedom 
 of the Prefs, convened this day by public adycrtifement, 
 Qerard 'Noel Edwards,- Efq. M. P. in the Chair, 
 Unanimoufly Refolved, 
 I ft. That the Liberty of the Prefs is a right infepa- 
 rable from the Principles of a free government, and eflen- 
 tial to the fecurity of the Britifh conftitution. 
 
 2d. That this liberty confifts in the free difcuffion and 
 examination of the principles of civil Government, and 
 of all matters of public opinion. 
 
 3d. That 
 
4 THE RESOLUTIONS, &C. 
 
 3d. That no writing ought to be confidered as a pubKc 
 libel, and made the fubjefl: of criminal profecution, unlefe 
 fuch writing (hall appear to be publilhed with a defign 
 to exite the People to refift the. Civil Magiftrate, or ob- 
 ftrudl the execution of the exifting laws. 
 
 4tb. That fuch publications may become proper objects 
 of profecu^on, and that the Executive Government is 
 entrufted with powers ampjy fufficient for that purpofe. 
 
 5th. That we have therefore feen with uneadnefs ant} 
 alarm the formation of certain focieties, which, under 
 the pretence of fupporting the executive tnagiftrate, and 
 defending the Govfernment againft fedition, have held out 
 general terrors againft the circulation of writings, which, 
 without defcribing them^ they term feditipus ; axid entered 
 ihtO' fubfcriptions for the maintenance of profecutions^ 
 againft them ; a proceeding doubtful as to its legality, 
 unconftitutional inits^pacujciple, oppxeffive in its operation^ 
 and deftruflive of the Liberty of the Prefs. 
 
 6th,. That fuch. aflbciations have appeared to us the more 
 exceptionable from an attentive obfervation of their pro^ 
 ceedings. Whilft mutually binding and engaging them- 
 felves to enforce the execution o^tl^elaw^ againft feditious, 
 libels, they have themfelves produced; and circulated, publi- 
 cations, containing doflrines long fince exploded, and 
 which, if admitted, woujd prove the Revolution to be zn, 
 aSt. of rebellion, and the title of the reigning Family-to the 
 throne of thefe kingdoms to be founded in ufiirpation and 
 injuftice. 
 
 v;^th. That a fyfiem of jealoufy and arbitrary coercion 
 
 of 
 
THE RESOIUTIOIW, &C. 5 
 
 of the people have been at all times dangeroifcs to the fta- 
 Uility of the Englifh Government. 
 
 8th.. That anxious, to prefcrve tl^e publice peace as con- 
 neded with public Liberty, this Meeting confiders it as an 
 Indifpenfible duty to warn their fellow fubj^(3:s ap;ainfl: all 
 proceedings which appear to be inconfiftent with either, 
 en whatever pretext they may be grounded* We are therefore 
 determined to oppofe, to the utmoft of our power, every 
 attempt to prejudice any part of the Conftitution, to main- 
 tain that which appears to be its beft fecurity,. the Free- 
 dom of the Prefs ; and to ufe our endeavours to counter- 
 afl the effefl: of meafures which feem calculated to fup- 
 prefs thofe liberal fentiments, and that manly freedom of 
 difcuflion, which form the life and foul of the Britilh 
 Conftitution. 
 
 gth. That the thanks of this Meeting are particularly 
 due to the Hon. Thomas Erlkine, for his Conftitution^ 
 Defence of the Freedom of Opinioii and the Liberty of 
 the Prefs in a late Trial j a Defence in which he difplayed 
 ability, independence, zeal, eloquence, never furpafled on 
 any former occafion at the Englifli Bar, though that 
 Defence was made under circumftances of fuch peculiar 
 difficulty and embarraflrnent, as required his determined 
 fpirit and unfliaken fortitude to overcome, and though he 
 had to encounter every prejudice which art and induftry 
 could e?ccite. 
 
 By Order of the Meeting. 
 
 (Signed) 
 
 GERARD NOEL EDWARDS. 
 ' Chairman. 
 
 Refolved, 
 
6 THE RESOLUTIONS, &C. 
 
 Refolved, 
 That the thanks of this Meeting be given to the 
 Chairman, for his fair, honouraible, and impartial con- 
 dua. 
 
 Refolved, 
 That this Meeting do now adjourn until l^aturday the 
 19th of January next. 
 
( 7 ) 
 
 DECLARATION 
 
 OF THE FRIENDS 
 
 TO THE 
 
 Libertj of the Prefs, 
 
 At their Second Meeting, January 22, 1793. 
 
 JMr. ERSKINE, who prefided, faid that though he 
 did nqt care for calumny- and mifreprefentation, as far as 
 it a£Fe£led himfelf perfonally, which he took it for granted 
 was the cafe with every Gentleman prefent ; yet, as far 
 as it affefted the great objeft for which they were aflembled 
 it was of the greateft importance to the Public : that he 
 ihould, therefore, to render mifreprefentation utterly 
 impoffible, read what he had to fay from a paper, which he 
 had written. 
 
 Mr. Erskine then read the following Paper : 
 " The peculiar excellence of the Engliih Conftitution, 
 » which indeed the value of every Government may be 
 
 futnmed 
 
8 DECLARATION, &C. 
 
 fummed up, is, that it creates an equal rule of adion for 
 the whole Nation, and an impartial adminiftrationof juftice 
 nnder it. 
 
 *' From thefe mafter principles refults that happy, un- 
 fufpefling, and unfufpefled freedom, which for ages has 
 
 diftinguiflied Society in England, and which has united 
 Englifhmen in an enthuliafm for their Country, and a re- 
 
 rerence for their Laws. 
 
 " To maintain this fearlefs tranquillity of human life, 
 the prime blefling of Social Union, the power of accufation 
 was not given to ««/»/W^«f individuals, much lefs to volun- 
 tary, undefined, unauthorifed Aflbciations of Men, adting 
 , without refponfibility, and open to irregular and private 
 motives of aflion ; but was conferred upon the Supreme 
 Executive Magiftrate, as more likely to look down upon 
 the Mafs of the Community with an unimpaflioned eye . 
 and even that wifely placed truft, guarded and bridled by 
 the pcrfonal refponfibility of thofe Officers by which the 
 Crown is obliged to exercife its authority, and in the 
 higher order of crimes, (which on principle fliould extend 
 to all,) guarded onceagainby thcofficeof the Grand Jury, 
 interpofed as a fhicld between the People and the very 
 Laws enacted by themfelves. 
 
 " Thefe admirable provifions appear to be founded in a 
 deep acquaintance with the principles of Society, and to 
 be attended with the moft important benefits to the Publicj 
 becaufe, tempered again, and finally with the Trial by the 
 Country, they enable the Englifli Conftiiution to ratify 
 the exiftence of a_/?r«»^, hereditary, executive Govern- 
 ment, confiflently with the fecurity of popular freedom. 
 
 " By this arrangement of the Royal Prerogative of 
 Accufation, fo reftrained and mitigated in its courfe, the 
 
 Crown 
 
DECLARAtriON» &C. 9 
 
 Ccown t^ecpiines an d^e& of wholefprne, but npt danger- 
 ous jealouily ; which, while it prevents rffrom overftepr 
 ping its Conftitutional limit?, endears the People to one 
 another from a fenfe of the neceiTity of union amongft 
 themfelves, for the prefervation of their privileges '^gainft 
 a powrer dangerous to remove, hut equally dangerous to 
 exift, uHQbferved and unbalanced. 
 
 " Uotler this fyftem, making allowance for the vice? 
 and errors infeparable, from humanity. State acciilations^ 
 in modern times, though fometimes erroneous, have not 
 often been rafh or irialevolent, and the Critninal under 
 the weight of the firm hand of Juftice has heen fupported 
 by the iofjulgent fraternal Tribunal of his Country. 
 
 " But under the circupnftances which aflemble, us to- 
 gether, all thefe provifions ,appear to be endsagered. 
 
 " A fuddepalarni hasbpenfpre^d throijgh the Kingdom 
 by the Minifters of the Grown, of imminent danger to the 
 Conftitution, and to all Dr4er. and Govei;nmeijitv. The 
 Nation ha.^ been reprefented to lie fermenting into Sedition 
 and Infuj-reftioii, through the dangerous Affociations and 
 Writings of difaffedled and alienated fubjefls ; and under 
 the prefllire of this perilous conjundture the Parliament 
 has been fuddenly aflembled, and the Militia embpdied. 
 
 " The ejfiftence or extent of thefe evils fmce tr^ey have 
 been fandioned, though riot ascertained by, the 'authority 
 of Parliament virhen aflembled, wehave not upon the pre- 
 fent occafion aflembled to debate. But we may, without 
 Sedition, congratulate our Fellow-fubjefls,' that our 
 Minifters had the vigilance to deteft thofe numerous an4 
 bloody Infurreflions, which otherwife might 'bzNs f^creui 
 thtmJelvtSi and pafled unknown and undifcoyere'd ; and that 
 B withdat 
 
10 DECLARATION,^ &C. 
 
 without the punifhment of a fingle individual, for any 
 Overt Ait of Treafon, the People have recovered all that 
 tranquillity and refpeft for thfe Laws which they appeared 
 to us to have equally pofleffed at the time when the alarm 
 burft forth, 
 
 " That large clafles of the Community fhould- never- 
 thelefs give faith to the aflertions and ads Gi tl refponfible 
 Government, is neither to be wondered at nor difapprov- 
 ed. When the Englifh Conflitution is authoritatively 
 reprefented to be in danger, we rejoice in the ehthufiafm 
 of Engliflimen to fupport it. When that danger is' fur- 
 ther reprefented to have been caufed or increafed by the cir- 
 culation of treafonable and feditious Writings, we Acknow- 
 ledge that it is the duty of every good Citizen in His proper 
 fphere," arid by proper means to difcountenance thferti, and 
 nothing is further from the intention of this Meeting than 
 to hold up to public difapprobStion fuch individuals, as 
 from hbne'ft motives, have joined Aflbciations even though 
 they may in their zeal have fhot beyond that line of exer- 
 tion wpich we (miftakeiiiy, perhaps, but confciehtioufly) 
 conceive to 'be the fafe limitation of afliftance to Executive 
 Goyernment by Private Men, 
 
 " We afiemble neither to reprehend, nor to diftate to 
 others, but from a principle of public duty to enter our 
 folem'n proteft againfl: the propriety or juftice of thofe Af- 
 fociations, which by the contagion of example are fpreadi 
 ng faft over England, fupported by the Subfcriptions of 
 opulent men for the avowed objeiS of fupprej^n^ and pro - 
 fecutingW nt'mgs : moreefpecially when accompanied with 
 rewards to Informers; and abope fill, when thefe rewards 
 are extended (of which there are inftances), to queftion and 
 
 to 
 
DECLARATION} ,&;C. 1 1. 
 
 to punifti opinions delivered even in t^e private iiUer- 
 pourfes.of;domeftic life; unmixed with any adl or mani- 
 feft?d intention a^ainft,the authority of the Laws. i 
 
 " We refrained at our forjner Meeting from pronouncj- 
 ing thefe proceedings to be illegal and puliifhable,.be(;aufe 
 we muft receive the rule from our Statutes and Precedents 
 of Law, whijch are fil'ent on the fubjeiSt ; but we consider 
 them to be doubtful in law, and unconftitutional in prin- 
 ciple from -the whole Theory, and all the analogies of 
 Englifh Juftice. 
 
 " In the firft place, we objeiS to them as wholly unne- 
 ceflary ; and we give this objeSion precedence, becaufe 
 there ought to be a vifible neceffity or expediency to vin- 
 dicate every innovation in the^ mode of adminifterina;,the 
 Laws., Suppofing then the conjundure to.be what it, is 
 by authority reprefented, .the Crown is poflefled of the 
 moftamiple powers for the adminiflration of fpeedy and 
 univerfal Juflice. ' 
 
 ♦^ If the ordinary Sittings of the Courts are found at 
 any time to be infufficient for the accomplifhment of their 
 jurifdi(Elions, or if even a falutary terror is to be infpired 
 for the general fecurity, the King may appoint Special 
 Commiffions for the Trial of Offenders. 
 
 " If the Revenue devoted to the ordinary purpofes of 
 Criminal Jiiftjce fhOuld be found infufBcieht -for an unu- 
 
 ■fual Expenditure, Parliament is ever at hand tofupply the 
 means ; and no Parliament can be fuppofed to refufe, or 
 the People be fufpeited tO murmur at fo nedsfiaryan ex. 
 
 ■pence. ' . ■ . ^ 
 
 • " If information alfo became neceflary for the difcovery 
 and conviftion of offenders, the Crown may at any time, 
 
 ' by its authority,' feteven In{or;ners in motion. 
 
 B 2 "But 
 
jt DECLARATION, &C. 
 
 " But under all this awful procefe,PubKc Freedom would 
 ftill be fecured, while the Public Safety was maintained. 
 The Crown ftill a£ling by its Officers, would continue 
 to be refponfible for the exercife of its authority j and the 
 Community ftill bound together by a common intereft* 
 and cemented by the undifturbed afFe^ions and ctitvBdences 
 of private life, would be found and pure for tiie admini-i 
 ftration of juftice. 
 
 " This we maintain and publiflx to be the Genius of 
 the Britifli Conftitution, as it regards the Criminal Law. 
 
 " But when without any State neceffity, or requifition 
 from the Crown, or Parliament of the Kingdom, bodies 
 of men voluntarily intrude themfelres into a fort of part" 
 nerfhip of authority with the Executive Power j and 
 when, from the univerfal and admitted intereftof the whole 
 Nation, in the objed): or pretexts of fuch Aflbciations, the 
 People (if they continue to fpread as they have done) 
 may be faid to be in a manner reprefented by them, where 
 is the accufed to find juftice amongft his Peers, when ar- 
 raigned by fuch combinations? Where is die boafted 
 Trial by the Country, if the Country is thus to become 
 Informer and Accufer ? 
 
 " Where is the cautious diftruft of accufation, if the 
 Grand Jury may th,emfelves (or fome of themj have in- 
 formed againft the objedt of it, brought in the very Bill 
 which they are to find, and fubfcribed for the profecution 
 ,ofit? 
 
 " Where in the end is the nlild, complacent, relenting 
 countenance of the Jury for Trial — that laft confolation 
 which the humanity of England never denied even to 
 men taken in arms againft her Laws, if the Pannel is to 
 come reeking from Veftry-rooms, where they have been 
 
 liftening 
 
BECIARATIOK, fcc. IJ 
 
 liflening to harangues concerning the abfolute neceflEty 
 of extinguishing the very crimes and the criminals, which 
 they are to decide upon in judgment, and to condemn by 
 their verdidls ? 
 
 " But if thefe proceddinigs muft thus evidently taint the 
 adminiftration of Juftice,even in the SuperiorCpurts,where 
 the Judges, from their independence, thejjr fuperior learn- 
 ing^ and their further remoyaj front common life, may h4 
 argued to be likely to aififlr Juries in the due difcharge of 
 their Office — what muft be the condition of the Court* 
 of Quarter SefEons, wbofe jurifdiflions over thefe offehses 
 are co-ordinate— where the Judges are the very Gientle^ 
 men who lead thofe Affbciatjons in every County and 
 City in the Kingdom, and where the Jurors are either 
 their tenants and ddpendents, or their neighbours in the 
 country, juftly looking up to them with confidence and 
 affeiElion, as their friends and proteiS^ors in the direction 
 of their afFairs ? Is this a trial by an Engliih Court and 
 Jury? It would be infinitely more manly, and lefs inju* 
 rious to the accufed, to condemn him at once without 
 3 hearing, than to mock him with the empty forms of the 
 Britifli Conftitution, when the fubftance and efFei^ of 
 it are deftroyed. 
 
 " By thefe obfervatfion« we mean no difrefpeiS to the 
 Magi-ftracies of our Country. But the beft men may in- 
 advertently place themfelves in fituations abfolutely in- 
 compatible with their duties. Our natures are Human, and 
 we err when we confider them as Divine. 
 
 <' Thefe incongruities arifing from this rage of popular 
 accufation, or even of declared popular fupport to accufa- 
 tions proceeding from the Crown, are n«t our original 
 
 obfcrvgi- 
 
14 SECLARATION,' &C. 
 
 ebfervations. We are led to them by the analogies and irt^ 
 ftitutions of the law itfelft 
 
 *' On this principle, Criminals impeached, not by th6 
 People heated with a fenfe of individual danger, and per- 
 fonally mixing themfelves with the charge and the cvi" 
 denCe, but, impeached by the Houfe of Commons re- 
 prefenting them, are tried, from the neceffity of the cafe, 
 by the Lords, and not by the Country. This anomaly of 
 juftice arofe from the humanity and wifdom of our an- 
 ceftors. They thought, that when the complaint pro- 
 ceeded not from the Crown, whofe a£ls the people are 
 accuflomed to watch with jealoufy, but from the popular 
 branch of the Government, which they lean towards with 
 favour, it was more fubftantial juftice to the meaneft 
 man in England, to fend him for trial before the Lords, 
 though connefted with him by no common intereft.^; but, 
 on'the contrary, divided by a feparate one, that to truft 
 him to a Jury of his Equals, when the people from which 
 it muft be taken was even' in theory connedted with the 
 profecution, though totally unacquainted, in fadt, with its 
 caufe, or with its object. 
 
 " We appeal with confidence to the reafon of the Pub- 
 lic, whether ihefe principles do not apply, by the clofeft 
 analogy to the proceedings which we aflembje to difap- 
 prove. For as criminal jurifdiftions are local, the ofFence 
 muft be tried in the country, and frequently in the very 
 town where it is charged to be commited ; and thus the 
 accufed muft not only ftand before a Court infeiSted by a 
 general prejudice, but in a manner difqualified by a pointed 
 «nd particular pajjisn and interejl. 
 
 " We have further to remaK.k, that thefe objedions to 
 
 popular 
 
DECLARATION,' &C. ' J 5 
 
 popular affociations or/ the profecution of Crimes, aipply 
 with double 'fdrce when diretSed againft the Preifs, than 
 againftahy other objefbs of criminal juftice which canfbc 
 defcribed or imagined. 1 . .. ' 
 
 ;" Aflb'ciations to profecute offences againft The Game 
 La'Vvs, or frauds againft tradefm«n-.( which we felefl as fa-r 
 miliar inftances) though we db not vindicate them, never- 
 thefefsdiftinSlydefcribe their obje<3s,~and in fuppreffing il- 
 gal condu(St, have no ibimediate^ tendency, to deter from 
 the exercife of rigfets which are legal, and in- which, the 
 Public have adeep and importantiintereft. 
 
 " No unqualified perfon can flioot or fell a Hare, or a 
 Partridge, as long as a mbnoply in Game is fuffered to 
 continue, without knowing that she' iranfgreflesthe:Law; 
 and' there can be^^no <lifference of judgment upon the ex- 
 iftence, extentj or confequenca of the offence. The trial 
 isoPa niere'fa£t..By!/uch, Affociations, therefore, the Pub- 
 lic car)nQt-befl:ated to fuffer further than, it always HiiWet,^ 
 by an oppreffive fyftem of Peijal Law, and by every de- 
 parture from the due courfe of adminftering it. 
 - " In' the fame manner, when- a, Swindler ohtainsj'goods 
 on falfe pretehces,^ he cannot have' don,e fo from error, the 
 aft is decifive of the jntentipij j, thff Law defines the crime 
 with pofiti-ve precifion; and the tri?l iSijn. this cafe there- 
 fore only the inveftigation of a fadi ^.and.in holding out 
 terrors to Swindlers, hopeft nien ^re in no, danger, nor 
 does the Public £uffer further than ;we have sbove ad- 
 verted to. ■ .i ' 
 
 " Thefe Affociations befides, frpmthjeir very natures, 
 cannot be fo unlverfal, as to di.fqualify the countiy at'largc 
 by prejudice or intereft froip .the ,Qf3S-ce of Trial.. They 
 . . arc 
 
t6 DfiClARATION, :4fC. 
 
 are bottomed befides,, particularly the laft (which is a moft 
 material diftindion) upon crimes, the perpetration of 
 u<hich are injurious to individuals asfuch^ and which eaCh 
 individual in his ovin perfonal right might legally pro- 
 fecute. Whereas we aflemble to objedl to the popqlar 
 prefecutibn of thofe public offences which the Crown, 
 if they exift, is bound in duty to profecute by the At- 
 torney General^ where no individual can count upon a 
 perfonal injury ; and where the perfonal intereft of the 
 fubjeft is only as a Member of that Public, which is com- 
 mitted to the care of the Executive Authority of the 
 Country. 
 
 ♦' The Prefs, therefore, as it is to be affe£ited by Aflb- 
 ciations of individuals to fetter its general freedom, wholly 
 unegrmeSied with any attack upon private chatailer, is a very 
 different confideration 5 for if the nation is to be combined 
 to fupprefs writings, without further defcribing what thofe 
 writings are, than by the general denomination — fediiiousi 
 and if the exertions of thefe combinations are not even to 
 be confined to fupprefs and punifh the circulation of books^ 
 already condemned by the judgments of Courts, but arc 
 to extend to whatever does not happen to fall in with their 
 private judgments : — if every writing is to be profecuted 
 which they may not have the fenfe to underftand, or the 
 'virtue to prailife : — ^if no man is to write but upon their 
 principles, nor can read with fafety except what they havet 
 written, leaft he fliould accidentally talk of what he has 
 read; — no man will venture either to write or to fpeak 
 upon the topics of Government or its Adminiftration — a 
 freedom which has ever been acknowledged by our grea- 
 teft fiatefmen and lawyers to be the principal fafeguard of 
 
 that 
 
that Conftitution, which liberty of thought originally 
 created, and which a Free Press for its circuJation gra- 
 dually brought to maturity. ^. 
 
 " We will therefore ' maintain and ajfert by all legal 
 means this faered and efiential privilege, the Parent and 
 Guardian of every other. We will maintain and ujfcrt 
 the right of inftruding our fellow-fubjedts by every fin- 
 cere and confcientious communication which may pro- 
 mote the the public happinefs ; and while we render obe- 
 ■aience to Government and to Law, we will remember at 
 the fame time, that as they exift by the People's confent, 
 and for the People's benefit, they have a right to examine 
 their principles, to watch over their due execution, and to 
 preferve the beautiful ftruflure of their Conftitution, by 
 pointing out as they arife, thofe defers and corruptions 
 which the hand of Time never fails to fpread over the 
 wifeft of human inftitutions. 
 
 " If in the legal and peaceable aflertion of this Freedom 
 we fhall be calumniated and perfecuted, we muft be con- 
 tented to fufFer in the caufe of Freedom, as our father's 
 before us have fufFered ; but we will, like our father's, 
 alfo perfevere until we prevail. 
 
 " Let us, however, reccolledl with fatisfa<3:ion, that 
 the Law as it ftands at this very moment, (thanks to our 
 illuftrious patriot, Mr. Fox,) is amply fufficient for the 
 prote<aion of the Prefs, if the Country will be but true to 
 Itfelf. The extent of the genuine Liberty of the Prefs 
 on general fubjedts, and the boundaries which feparats 
 them from licentioufnefs, the Englifli Law has wifely not 
 attempted to define ; they are, indeed, in their nature un- 
 Cefinable ; and it is the office of the Jury alone, taken 
 C ^^^^ 
 
from the County in each particular inftance, to aicertaln 
 them, and the truft of the Crown, where no individual is 
 flandered, to feleft the inftances for trial by its Minifters, 
 jefponfible to Parliament. 
 
 " This fyftem appears to us amply to fecure the govern- 
 ment, while it equally protedts the Subjeft ; but if this 
 fele£i:ion is to be transferred to felf-conftituted Affcmblies 
 of men, agitated by a zeal, however honeft the Prefs 
 muft be broken up, and individuals muft purchafe their 
 fafety by ignorance and filence- 
 
 In fuch a Aate, we admit that the Other Liberties, which 
 we enjoy under the Laws, might neverthelefs continue as 
 long as Government might happen to be juftly adminif- 
 tered ; but ftiould corruption or ambition ever dired their 
 efforts againft them, the Nation would be furprifed and 
 enflaved— ^furprifed by the lofs of their wakeful Sentinels, 
 whom they had {hot for only being at their polls, and en- 
 flaved from the lofs of their armour, which their adverfa-* 
 ry, under the pretence of a Treaty, had cajoled them to 
 throw away. 
 
 " But thefe evils become not only greatet, but abfo- 
 lutely intolerable, when extended to the: flimulation of 
 Spies to ftab domeftic peace, to watch for the innocent 
 in the hours devoted to convivial happinefs, and to difturb 
 the fweet repofe pf private life upon the bofom of friend* 
 fhip and truth. 
 
 " It is juftly obferved by the celebrated Judge Forfter, 
 that words arc tranfitory and fleeting, eafily forgotten, 
 and fubjeft to miftaken interpretations: their very exiftence 
 at all, and their criminality, as depending upon context, 
 or fequel, or occafion — -all is to reft on the oaths of hired 
 
 Infor- 
 
DECLARATION, &C* ig 
 
 Infermers. Is this in the end of the i8th century to be 
 the condition of our cheerful country ? Are thefe to be 
 our chains ? And are we, after we have broken them on 
 the heads of tyrants in former ages, to fit down to forge 
 them again for ourfelves, and to faften them on one 
 another ? 
 
 *' Our laft, and not the leaft objedlion to popular ac- 
 cufatiqn, is the love we bear to th? Government of Eng- 
 land, and our wifli that its fundions may be perpetual : it 
 being our opinion, as exprefled in our Seventh Refolution, 
 at our former Meeting. 
 
 <' That a fyfteln of Jeal(}uly and arbitrary coercion of the People has 
 " been at all. times fjangerotis to the {lability of the Englifli Governi- 
 " meiit." 
 
 " Fot the truth of Which we appeal to Human Nature 
 in gene^ral, to the chara£leriftic of Epglifllmlffn in parti- 
 cular, aild to the hiflrary of th? Country. 
 
 " In the career of fi/ch a fyftem of combination, v^e 
 forefce nothing but Oppreffion ; aind when its force is 
 eJctiniigtiift'ed, nothing; hiit difcontent, difobedience, and 
 nrffrule, 
 
 " If Governthent permits or countenances this diftri- 
 bution of its Executive Powers, how is it to refume them 
 fliould QpRQoris change, and run the sther way ? From 
 die artifices and ambition of defigning men, the beft 
 Governments may, for a feafoii, be unpopular, as we 
 know from experience, that the very worfl may triumph 
 for a while by impolture. Should fuch a change of opinion 
 arrive, as in the nature of things it muft, the Adminiftra- 
 tion of Government and Juftice will be diftraded and 
 C 2 weakened 
 
^0 DECLARATION, &C. 
 
 weakened. It will be in vain to inculcate that fubjsfls 
 may perfecute one another by combination, but that they 
 muft not combine for their common defence. And as in 
 this unnatural tide of flood, no man may expeiSl to be 
 acquitted, however he may love his Country ; fo in the 
 ebb of the fame tide, equally unnaturual, it may be difficult 
 to bring to convidion even thofe who may be plotting its 
 deftruftion. Againfl: both thefe departures, from the 
 even and ufual courfe ofjuftice, and all their confequences, 
 we equally, and with an impartial fpirit proteft. 
 
 " When we confider the great proportion of the 
 Community, that has already hajlily f^ndioned the pro- 
 ceedings which we diflent from, the great Authority that 
 countenances them, the powerful influence which fup- 
 portt them, and the mighty revenue raifed upon the people, 
 which through various caannels rewards many of thofe 
 who lead the refl, the diflRculties which this Addrefs has t« 
 encounter ; and judging of man from his nature and his 
 hiftory, we expeii; no immediate fuccefs from our inter- 
 pofition. But we believe that the feafon of reflexion is 
 not far diftant, when this humble effort for the Public will 
 be remembered, and its authors be vindicated by the 
 People of Great Britain." 
 
 ^T'l^-^ml'. THOMAS ERSKINE. 
 
 (Mr. Erskijw, who had been frequently interrupted by 
 the loudej appbmfe, concluded with the moji joyful and un- 
 bounded acclamatitm of the whole company, who unanimoufly 
 requejied him to fign the Declaration, t» which he immedi. 
 diately confented, 
 
 A LET- 
 
I x» / 
 
 LETT E R 
 
 TO 
 
 Mr. REEVES, Chairman of the Aflbciation 
 for preferving Liberty and Property. 
 
 By THOMAS LAW, Efq, One of the Com- 
 mittee of that Society. 
 
 Gentlemin, 
 
 I Feel it incumbent upon me to aflign to you the rea- 
 (oas which have influenced me to abfent myfelf from the 
 Sub-committee of Correfpondence ; and in explanation 
 of my condu<5l, I fhall brieily recapitulate my motives, 
 for firft uniting with your AfTdciation, as well as my 
 proceedings as a Member of the enlarged Committee. 
 
 I had juft obtained fecurity^ of property to the natives 
 of Bengal, Bahar, and Benares, by a fixation of land- 
 
22 A LETTER TO MR. REEVES. 
 
 tax, and an abolition of all internal impofitions, or td 
 ufe the words of authority, " A new Conjiitution had 
 " been announced to many millions of the Afiatic fubjeSis of 
 " Great Britain," and I was rejoicing in this happy 
 iflue of my exertions, when I perufed your advertife- 
 ment, wherein you avowed yourfelves to be " private 
 " men ttrieomeHe'd 'with dhy party or defer iptioh of per- 
 " fans at heme, taking no concern in the Jiruggles at this 
 " moment making abroad, but moji ferioujly anxious to 
 " preferve the true liberty and unexampled profperity we 
 " happily enjoy in this kingdom." My heart immedi- 
 ately informed me that I could zealoufly ,and firmly 
 c6-6p^rite in fucli a caufe, and with filth independency^ 
 and I acdordingly fibfcribed my name. 
 
 Upon the firft day that I became a member of the 
 above-mentioned Committee^ when the -fuppFeflion of 
 inflammatory publications was introduced as our pri- 
 mary objefl, 1 recommended, as a previous meafure, 
 the counteraction of their effefts by cheap pamphlets,^ 
 and gave the purport of the following extradt from an, 
 A&. of the Aflembly of Virginia to corroborate my ar- 
 gument : — " That it is time enough for the rightful pur- 
 " pofes of civil Government, for its officers to interfere 
 " when principles break out into oVert aifs againjt peace 
 " and good ordir. Bid -that Truth is great and tOill 
 " prevail, if left to 'herfelf, thatjhe is the proper and 
 " fujfficient atitagoni^ lo Error, and has nothing to 
 '■'■ fear from the eonfiif, Urilefs by human interpojition Hf- 
 " armed of her natural ^eapt/nY, free argument and de- 
 " bate \ Errors ceafing to be dangerous, when it is per- 
 " mitted freely to contradiH tbem." 
 
 The 
 
A LETTER TO MR. RfiB^SS. 23 
 
 Tiie Gentlemen of the Committer a,ppiQved o^ ipf 
 conduA, and I had the pleafure to fee mildQefs^he fea- 
 ture of our deliberations that day ; but Hif^riiy, aCtcr 
 this, perceiving with regret, a devia^io^ fropj, ypvr 
 original profeiHon, " to take, no concern in thejjrugglei 
 *' abroad" I felt myfelf compelled to deliver the fol- 
 lowing opinion in writing : 
 
 " When I had the honour to receive a Letter from 
 " the Secretary of this Society, I replied', Tljat with- 
 " out adverting so the politics of other countries^, I Jhouid' 
 " be happy to co-operate for preferving liberty and' pro- 
 «« pirty againft EiepuhUcans and Lei/tlkrs in my own. 
 
 *' I conceived it to be the exptefe intention of the 
 *' enlarged Committee to counteraijl by cheap publi- 
 •* cations, the deluCve do(3rines of feditious libellers ; 
 " I ufed the language of moderation the firft day, and 
 " had the fatisfadlion to be ele(3edi by ftrangers to 
 *' me, for one of the Sub-Committee ; but, as we 
 " have lately introduced _ animadverfions upon the 
 ** French, I feel it incumbent upon me to diflent therc- 
 " from. 
 
 ■" We are looked up to as the germ, of other Aflb- 
 " ciations, and it is not out duty, I truft, to revive 
 *' national antipathies, which have fo long diftra£ted 
 " France zn^ Great Britain : the fittiation, of the old 
 " government of Franpe bearS; no analogy to that of 
 " Great Britsiin ; we ha,ye, not a B^fliie to deftroy-rr: 
 •• we have not a trial by jury to.efta,b|lifti— the people of 
 " Great Britain ar«, I hope, conicious of the bl,effings 
 *•' of a, free government, and are aware haw very little 
 
 " they 
 
24 A LEtTIR TO MR. REEVES. 
 
 " they have to gain, ind hew very much to lofe by- any 
 •' Revolution. ' , 
 
 " If any emifTaries are attempting to afienate the at- 
 *' tachment of his Majefty's fubje£ls in this country, I 
 " will cordially unite in their detedion and apprehen- 
 " henfion ; but I cannot coincide with the Gentlemen 
 " of this Comniitree, in cenfuring the condud of any 
 " other Government, let it be ever fo erroneous, or in 
 " accufing it of trying to fubvert our Conftitution, as 
 " it may complain to our Government of fuch attacks, 
 " and call upon us for proof. 
 
 " I move therefore that all our reafonings and that 
 " all our exertions, (ball be directed againft falle doc- 
 *' trines, and againft all feditious words, writings, 
 " and aflipns whatfeever, and by whomfoever, and 
 " that we do not introduce the French, unlefs to fhew 
 " that their arguments and meafures cannot be applied 
 " to us." (Signed,) 
 
 T. L, 
 
 Upon this occafion I was gratified by feeing the 
 Committee erafe thofe animadverfions which they had 
 previoufly refolved upon, becaufe deliberation fhewed 
 them to be unfounded. 
 
 The. moderation of our meafures for a few days after- 
 wards afforded me the fincereft fatisfadion, but I felt 
 equal furprife and regret, when the following proceed- 
 ings tqok place upon the nth inftant. 
 
 " A Committee of Correfpondence to be nominated^ te 
 " eonfi/i of five members. 
 
A LETTER, TO MR. REEVES; 25 
 
 " I/?, Thts Committee may da immediately' whatever is 
 *^fuggefted by letters, or prefare for tbd General Com- 
 " mittee. '' 
 
 " idly, To apply to Government to direii the Solicitor 
 *' of the Tresfury to attend to the fuggeftions of this So- , 
 " ciety. This to be ione by the Chairman with the At- 
 " torney-General." 
 
 Having been prefent when anonymous letters were 
 received, darkly accufing fome of the firft charadlers 
 in this kingdom, and even his Majefty's officers, which 
 when conveyed to government muft neceferily excite 
 alarm and^diftruft, and confidering that individualsjhow* 
 ever innocent, had no means of refuting clandeftine ca- 
 lumnies, I propofed " That the Committee of Five be 
 " direfted to burn all anonymous letters accufing in- 
 *' dividuals," but thiis propofition was fupprefled by 
 carrying the previous queftton againft it. 
 
 As I deemed myfelf refponfible for my condu£l to the 
 Ailbciation at large, I requefted the Prefident to record 
 the above proceeding, but he refufed ; I next dated to 
 the Committee that " fince every motion and every voi~ 
 " ing formed part of our proceedings, I hoped the fore- 
 " going would be entered," but, it being put to the 
 vote, it was negatived. 
 
 In this predicament I am neceffitated to enumeratei 
 thefe particulars in this letter, that reference may be had 
 to it, fliould any one attribute inconfiftency to me, or 
 charge me with a dereliftion of principle. I am fincere- 
 ly attached to my Sovereign and the Confiitution of 
 this Government, and I am ready to affift in'l^ringing 
 D any 
 
26 A LETTER TO MR. REEVES. 
 
 ^ny traitor to punifbment ; but I fhould condemn my-i 
 felf as ^ falfe friend tp all, if I adled in any msafure 
 which tended in my opinion to fruftrate the intention 
 of its promoters, and to alienate public affedlion. 
 
 I haye afked my felf, " Whether IJhould do unto otherSf 
 as I would they fiould do unto me," by admitting and per,- 
 ufing anonymous letters ? — Whether confidence, that 
 band of harmony in fociety, muft not be broken by fuch 
 a meafure ? Whether fufpicion has not caufed }iorrid 
 aflafEpations and convulfiops ?— -Whether any kind of 
 inquifitorial body dpes not irritate to commotions ? In 
 fliort, my confcience has admonifhed me, that my love 
 of my country, and my defire of its tranquillity, all pro- 
 hibit concealment, 
 
 It will be urged, that it i; not neceflary to aft upon 
 the information of nameleft wrjters ; why then, I afk, 
 fliall we wound our minds with baleful impreflions, by 
 perufing thefe letters ? And why let men be funk in 
 eftimation, whom we might otherwife admire ? — Tho 
 apcufed, arid the perfon receiving the accufation, are 
 both injured by an anoiiymous letter, if any impreffion is 
 made by it ; every tpibqnal in this couritry requires 
 the impeacher to confront the perfon arraigned, without 
 which we could not boaft that we lived " rara" tem- 
 psrum felicitate uhi licet fentire quod velis et dicere quid 
 fentias ; but why do I expatiate on this head, 1 trult 
 that you cannot but approve the principle which deter- 
 mines me to abfent myfelf, however falfely delicate you 
 may confider this determination. 
 
 I will chearfully attend the enlarged Committee, 
 whenever fummoned ; and permit me to add, that if 
 
 any 
 
A LETTIR TO KtL4 RZE7BS. ° ij 
 
 anj treafonable plots exifted to my knowledge, which 
 xequiTed peculiar efortt, I fliould never withdraw myfelf 
 from any fituation, however irkfome, dangerous or 
 even opprobrious, wherein I could be of the leaft fervice 
 to my country, 
 
 I remain, Gentlemen, 
 
 Your moft obedient humble fervant, 
 
 THOMAS LAW 
 Dtc. 17, 
 
 No, 16, Wtymouth'Jkeit. 
 
 FINIS. 
 
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