Constitutional changes, 1760-1860 Political tranquillity under Lord Palmerston Attempts to disturb the franchises of 1832 Earl of Derby succeeded by Mr. Disraeli Election Petitions and Corrupt Practices Act, 1868 CHAPTER XI. LIBERTY OF THE SUBJECT SECURED BEFORE POLITICAL PRIVILEGES:-GENERAL WARRANTS:-SUSPENSION OF HABEAS CORPUS ACT:-IMPRESSMENT: REVENUE LAWS AS AFFECTING CIVIL LIBERTY:COMMITMENTS FOR CONTEMPT:-ARRESTS AND IMPRISONMENT FOR DEBT- LAST RELICS OF SLAVERY SPIES AND INFORMERS: OPENING LETTERS-PROTECTION OF FOREIGNERS-EXTRADITION TREATIES. Liberty of DURING the last hundred years, every institution has been popularised,-every public liberty extended. Long before this period, however, Englishmen had enjoyed personal liberty, political the subject assured earlier than privileges. as their birthright. More prized than any other civil right, and more jealously guarded,—it had been secured earlier than those political privileges, of which we have been tracing the development. The franchises of Magna Charta had been firmly established in the seventeenth century. The Star Chamber had fallen: the power of arbitrary imprisonment had been wrested from the crown and privy council: liberty had been guarded by the Habeas Corpus Act: judges redeemed from dependence and corruption; and juries from intimidation and servile compliance. The landmarks of civil liberty were fixed: but relics of old abuses were yet to be swept away; and traditions of times less favourable to freedom to be forgotten. Much remained to be done for the consolidation of rights already recognised; and we may trace progress, not less remarkable than that which has characterised the history of our political liberties. Among the remnants of a jurisprudence which had favoured prerogative at the expense of General warrants, 1763. liberty, was that of the arrest of persons under general warrants, without previous evidence of their guilt, or identification of their persons. This practice survived the Revolution, and was continued without question, on the ground of usage, until the reign of George III., when it received its death-blow from the boldness of Wilkes, and the wisdom of Lord Camden. This question was brought to an issue by No. 45 of the North Briton,' already so often mentioned. There was the libel, but who was the libeller? Ministers knew not, nor waited to inquire, after the accustomed forms of law: but forthwith Lord Halifax, one of the secretaries of state, issued a warrant, directing four messengers, taking with them a constable, to search for the authors, printers, and publishers; and to apprehend and seize them, together with their papers, and bring them in safe custody before him. No one having been charged, or even suspected, no evidence of crime having been offered, no one was named in this dread instrument. The offence only was pointed at, not the offender. The magistrate, who should have sought proofs of crime, deputed this office to his messengers. Armed with their roving commission, they set forth in quest of unknown offenders; and unable to take evidence, listened to rumours, idle tales, and curious guesses. They held in their hands the liberty of every man, whom they were pleased to suspect. Nor were they triflers in their work. In three days, they arrested no less than forty-nine persons on suspicion,-—many as innocent as Lord Halifax himself. Among the number was Dryden Leach, a printer, whom they took from his bed at night. They seized his papers; and even apprehended his journeymen and servants. He had printed one number of the North Briton,' and was then reprinting some other numbers: but as he happened not to have printed No. 45, he was released, without being brought before Lord Halifax. They succeeded, however, in arresting Kearsley, the publisher, and Balfe the printer, of the obnoxious number, with all their workmen. From them it was discovered that Wilkes was the culprit of whom they were in search: but the evidence was not on oath; and the messengers received verbal directions to apprehend Wilkes, under the general warrant. Wilkes, far keener than the crown lawyers, not seeing his own name there, declared it 'a ridiculous warrant against the whole English nation,' and refused to obey it. But after being in custody of the messengers for some hours, in his own house, he was taken away in a chair, to appear before the secretaries of state. No sooner had he been removed, than the messengers, returning to his house, proceeded to ransack his drawers; and carried off all his private papers, including even his will and pocket-book. When brought into the presence of Lord Halifax and Lord Egremont, questions were put to Wilkes, which he refused to answer: where Arrest of Wilkes. |