The position is true, but the argument is useless. The commons must be controlled, or be exempt from control. If they are exempt, they may do injury which cannot be redressed, if they are controlled, they are no longer legislative.
If the possibility of abuse be an argument against authority, no authority ever can be established: if the actual abuse destroys its legality, there is no legal government now in the world.
This power, which the commons have so long exercised, they ventured to use once more against Mr. Wilkes, and, on the 3rd of February, 1769, expelled him the house, “for having printed and published a seditious libel, and three obscene and impious libels.”
If these imputations were just, the expulsion was, surely, seasonable; and that they were just, the house had reason to determine, as he had confessed himself, at the bar, the author of the libel which they term seditious, and was convicted, in the King’s Bench, of both the publications.
But the freeholders of Middlesex were of another opinion. They either thought him innocent, or were not offended by his guilt. When a writ was issued for the election of a knight for Middlesex, in the room of John Wilkes, esq. expelled the house, his friends, on the sixteenth of February, chose him again.
On the 17th, it was resolved, “that John Wilkes, esq. having been, in this session of parliament, expelled the house, was, and is, incapable of being elected a member to serve in this present parliament.”
As there was no other candidate, it was resolved, at the same time, that the election of the sixteenth was a void election.
The freeholders still continued to think, that no other man was fit to represent them, and, on the sixteenth of March, elected him once more. Their resolution was now so well known, that no opponent ventured to appear.
The commons began to find, that power, without materials for operation, can produce no effect. They might make the election void for ever, but if no other candidate could be found, their determination could only be negative. They, however, made void the last election, and ordered a new writ.
On the 13th of April was a new election, at which Mr. Lutterel, and others, offered themselves candidates. Every method of intimidation was used, and some acts of violence were done, to hinder Mr. Lutterel from appearing. He was not deterred, and the poll was taken, which exhibited, for
Mr. Wilkes 1143 Mr. Lutterel 296
The sheriff returned Mr. Wilkes; but the house, on April the fifteenth, determined that Mr. Lutterel was lawfully elected.
From this day began the clamour, which has continued till now. Those who had undertaken to oppose the ministry, having no grievance of greater magnitude, endeavoured to swell this decision into bulk, and distort it into deformity, and then held it out to terrify the nation.