The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.
it goes somewhat beyond the strict theory of the constitution.  Undoubtedly that theory is, that the minister chosen by the King is himself responsible for every circumstance or act which led to his appointment.  This principle was established in the fullest manner in 1834, when, as will be seen hereafter, Sir Robert Peel admitted his entire responsibility for the dismissal of Lord Melbourne by King William iv., though it was notorious that he was in Italy at the time, and had not been consulted on the matter.  But as yet such questions had not been as accurately examined as subsequent events caused them to be; and Wilkes’s assertion of royal responsibility to this extent probably coincided with the general feeling on the subject.[6] At all events, the error contained in it, and the insinuation that due wisdom and judgment had not been displayed in the appointment of Mr. G. Grenville to the Treasury, were not so derogatory to the legitimate authority and dignity of the crown as to make the writer a fit subject for a criminal prosecution.  But Mr. Grenville was of a bitter temper, never inclined to tolerate any strictures on his own judgment or capacity, and fully imbued with the conviction that the first duty of an English minister is to uphold the supreme authority of the Parliament, and to chastise any one who dares to call in question the wisdom of any one of its resolutions.  But The North Briton had done this, and more.  No. 45 had not only denounced the treaty which both Houses had approved, but had insinuated in unmistakable language that their approval had been purchased by gross corruption (a fact which was, indeed, sufficiently notorious).  And, consequently, Mr. Grenville determined to treat the number which contained the denunciation as a seditious libel, the publication of which was a criminal offence; and, by his direction, Lord Halifax, as Secretary of State, issued what was termed a general warrant—­a warrant, that is, which did not name the person or persons against whom it was directed, but which commanded the apprehension of “the authors, printers, and publishers” of the offending paper, leaving the officers who were charged with its execution to decide who came under that description, or, in other words, who were guilty of the act charged, before they had been brought before any tribunal.  The warrant was executed.  Wilkes and some printers were apprehended; Wilkes himself, as if the minister’s design had been to make the charge ridiculous by exaggeration, being consigned to the great state-prison of the Tower, such a use of which was generally limited to those impeached of high-treason.  And, indeed, the commitment did declare that No. 45 of The North Briton was “a libel tending to alienate the affections of the people from his Majesty, and to excite them to traitorous insurrections against the government.”  Wilkes instantly sued out a writ of habeas corpus, and was without hesitation released by the Court of Common Pleas, on the legal ground that, “as a member of the House of Commons, he was protected from arrest in all cases except treason, felony, or a breach of the peace;” a decision which, in the next session of Parliament, the minister endeavored to overbear by inducing both Houses to concur in a resolution that “privilege of Parliament did not extend to the case of publishing seditious libels.”

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The Constitutional History of England from 1760 to 1860 from Project Gutenberg. Public domain.