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a puppet would the King of England be! objections are, or can be, stated, one must what a slave, amidst the surrounding liber. hear it recommended with astonishment, ty of his free-born subjects! a slave in the that a class of officers, who are admitted to tenderest and most momentous of all con- be perfectly eligible to the Privy Council, cerns ! Literally, his very soul would not should not be allowed to discharge the dabe his own, but would be held at the arbi. ties of a Privy Councillor, should, in fact, trary will of the minister of the day. be excluded from the performance of duties,
* But suppose the question were, what which, on their admission to the Privy Mr Jeffrey states it to be, a question of Council, they are sworn to perform. State policy, is he so ignorant of the Bri. “In truth, if any Cabinet should dare to tish Constitution as to assert, or does he exercise the right, which Mt Jeffrey claims think the rest of the world so ignorant of for them, that of excluding from the it as to believe, that it is unfair or uncon. royal closet any peer of the realm who has stitutional for the King of England to con. demanded an audience of his sovereign, sult the chief justice of England, and to much more who has been required by the demand from him a written opinion (thus sovereign to advise him, they would inmaking him formally responsible for his cur the guilt for which (inter alia) the two opinion on a question of State intimately Spencers, in Edward II.'s time, were im. connected with constitutional law, that peached and banished the kingdom, viz. : chief justice being a peer of the realm, - That they, by their evil covin, would (and, as such, called by his very patent to not suffer the great men of the realm, the advise his Majesty in the arduous concerns king's good counsellors, to speak with the of the realm,) and one of his sworn privy. king, or to come near him; but only in councillors ? Yes,' says Mr Jeffrey, “un. the presence of the said Hugh the father, less the same chief justice, peer, and privy. and Hugh the son, or one of them, and at councillor, be also a cabinet minister.' 'I their will, and according to such things as will not condescend to answer such an pleased them.'t assertion, but will send him who makes it, “So much for this very shallow person's if he is honest in making it, to learn better knowledge of the Constitution : so much what the Constitution of England is, be for his qualifications to set up as' Schoolfore he presumes thus to read lectures on it master with his Primer' for the instruction to his sovereign. Meanwhile, it can hardly of kings." be necessary to remind him, that somewhat more than twenty years ago, it was a mat.
« Dead for a ducat !” ter of grave discussion in both Houses of The Reviewer had said that Dr Parliament, whether it was consistent with Phillpotts (alluding to the King's corthe spirit of the Constitution, however it respondence with Mr Pitt, edited by might be justified by the letter, for the him) had selected a period, when the chief justice to be a member of the Cabinet late King's reason was clouded, “ for at all. In the course of that discussion, trying his intellects in conflict with which was handled (among others) by men those of Mr Pitt.” Here, too, the Reto whom it would not be derogatory to Mr Jeffrey, and his whole fraternity of Re.
viewer is utterly and justly demolishviewers, to look up with some deference
ed. and respect,-in the course of that discus. "Mr Jeffrey, here, too, knows that there sion, I repeat, never once was anything so is not the smallest shadow of reason for preposterous asserted, or even imagined, as the assertion he has found it convenient to this newly-discovered maxim,(which, how. make; he knows, that there was, in this ever, if true, would have been conclusive case, no trying of intellects in conflict of the whole question,) that a chief justice one with another ; for he knows, that the may not be consulted by his sovereign at parties were speaking to two very different all, unless he be first made a cabinet-mi. points; that Mr Pitt addressed to his Manister. What was the language of Mr jesty a statement (a most able and most Fox on that occasion? I have always exquisitely written statement) of his views held, and still hold, that a Cabinet Council of the expediency of conceding to the Rois unknown to our law ;'*_and, in order man Catholics a full and equal share of that Mr Jeffrey may not ride off on the all the powers of the state, (under certain distinction suggested by the word Law, I most important conditions, of which I shall will add another dictum of the same states have more to say hereafter,) while his Maman :-* In point of fact, there is nothing jesty, in answer, erpressly waves all dis. in our CONSTITUTION which recognises cussion of Mr Pitt's question, and tells any such institution as a Cabinet Council.' him at once, that he is precluded from en But Mr Fox's language went still further, tering into it by higher considerations than and was still more conclusive in settling the highest reasons of State expediency the present point. · Where no personal which can be devised."
• Hansard's Debates, vol. vi. p. 09. VOL. XXIV.
† Blackstrne, p. 292.
* Of the language in which the Re- weightiest dictum,' as Mr Jeffrey calls it, viewer had expressed his indecent of his royal Father, I hate all metaphysneers, Dr Phillpotts says, “ his ob sics,-above all, Scotch metaphysics.' servations on this matter are made in
de in “ But Mr Jeffrey is not without an ar
gument in support of his distinction (when language respecting the quality of the
was there a metaphysician without an are late King's intellects with which I
gument for anything ?) · The first pro. certainly shall not disgust the readers' mise of the Oath rides over the whole.' of these pages.” Nor shall we. This first promise is as follows_' I so
The Reviewer asserted, that “ the lemnly promise and swear, that I will go. oath plainly applies to the King in his vern the people of the kingdom of Engexecutive capacity, not as a branch of land, &c. according to the Statutes in Par. the legislature ; it forbids him either liament agreed on, and the laws and custo hang men without judgment, or to toms of the same.' attack the Church illegally; or to take
“Now,' says Mr Jeffrey, it is quite from religion its lawful sanction, or
plain that this can affect the King only in to take from the Church its lawful does the same (* Í will, to my power,
his executive capacity, the second promise rights.” This is, indeed, most misera
cause law and justice in mercy to be exe. ble stuff, yet we agree with Dr Phill
cuted in all my judgments." ') Therefore potts in thinking that it has a means the third must do so likewise ! Such is the ing. To attack the Church illegally, logic of this distinguished orator, critic, the Doctor observes, in this land of and metaphysician. law and justice, would be beyond the " But without pressing the absurdity enterprise of the hardiest reformer. further, I will undertake to show, first, The true mode of attacking it, must
that even the first of these promises affects be to attack it by the law itself; and
the King as legislator, no less than in as in these days of triumphant libe
his executive capacity. Secondly, that
whether it does so or not, nothing but ut. rality, there is nothing liberal which
ter ignorance, or the grossest disingenu. a sanguine reformer may not hope to
ousness, could have induced Mr Jeffrey carry through at least one House of
to hazard such an assertion respecting the Parliament, he has here abundant en third promise of the oath, that which couragement to attempt to sap the binds the King to maintain the Establishmain buttress of the Establisheded Church. Church, the King's Coronation Oath. “ First, of the first. Till Mr Jeffrey If his Majesty could be but persuaded, shall be able to persuade the world, that that this oath does not really prevent
to ' govern a people does not include the him from assenting to any bill pre
notion of making laws for them,' he will, sented to him by Parliament, however
I apprehend, find few persons disposed to hostile to the interests or the existe
agree with him in the view he takes even ence of the Church, what might not
of his strongest position. True, the King
is to govern the people of this kingdom be hoped for in the long run, from according to the Statutes in Parliament adroitly practising (what must some- agreed on,'--and if the sentence ended times occur) on “ the fears of the here, there might be some small pretence brave, and the follies of the wise?" for MrJ.'s construction of the first promise, But we must extract, unbroken, the -but, unfortunately, there are some other admirable reply to all this insidious words behind, and the laws and customs nonsense.
of the samu,' i. e. kingdom of England.
“ Taking these last words into the ac" Now, in the first place, in what chap- count, and viewing the whole passage with ter of the Constitution, in what page of due consideration of the nature of the ob. the Common or Statute Law of the Realm, ligation, and the time, purpose, and dehas Mr Jeffrey discovered this two-fold sign, of imposing it, it is plain that the royal person-an executive and a legisla. King is bound thereby to refuse to concur tive ? The word person I use advisedly; in making laws, 'contrary to the existing for it is plain that Mr Jeffrey treats the constitution, and the fundamental laws of most important faculty of the soul, that of the land. That there are fundamental conscience, as quite distinct in the legisla. Jaws,' if not above the power, yet beyond tive from the executive. I swear,' says the moral competence, of the whole legis. the King, that I will, to the utmost of Jature to rescind them, what Englishman my poreer, maintain,' &c. But Mr Jet. will hesitate to affirm ? what Prince, who frey tells his Majesty, that it is only the has read the Bill of Rights, will refuse executive King, not the legislative,' that to acknowledge ? None of the illustrious has taken this oath !--After this exquisite House of Brunswick, I am well assured specimen of ingenuity, his present Majesty and if the two Houses of Parliament shonld inay, I fear, be tempted to adopt the be so reckless of their duty, as to present
a Bill for the Royal Assent, conferring on ral propriety of surrendering up his own the Sovereign an universal and permanent judgment, and deferring to the collective dispensing power, enabling him to tax his wisdom of that body of men in whose coun. subjects without their consent, or any sels he ordinarily confides." other atrocious violation of the principles . There is a Surgeon for you fit for å of the English Constitution, the King would be the first to tell them, that by his Coronation Oath, by swearing to govern tween the conscience and the underaccording to the laws and customs of the standing, the moral sense and the kingdom,' he is compelled for ever to with. reason! The crowned King of Great hold his assent to such a Bill. Will Mr Britain is not to be allowed the priJeffrey be bold enough to affirm the con. vilege of an Irish beggar, in a blanket trarv? If he will not, what becomes of his tied round bis carcass by a wisp of
straw. George the Third-the father notion, that it is in his executive capacity
city of his people—the Revered, and the only,' that the King incurs the obligations
obugations Beloved-The Protector of the Faith of his Coronation Oath ?”.
indeed, in all his principles, and all By the by, Edinburgh has abso- his practice-the King over a people lutely produced a pamphlet entitled, glorious and free, in arts and arms, in ** Answer to the Rev. Dr Phillpotts'
war and peace,-the nation that took Letters to the late Right Honourable the start of this majestic world, and George Canning, of which, as it takes kept it too, to have his head patted by the Doctor to task for the opinions Parliament, into the breaking of an he therein expressed regarding the oath by Parliament imposed on all Coronation Oath, we may here say a her Kings, and religiously observed by few words. It is a very weak, well- the Liberator, at peril of his throne meaning pamphlet-but reminding and life, like a little child released by one of a mild smooth-faced person, Mrs Trimmer from a promise not to who for a long time sits in company eat any more gingerbread or goosewithout saying a word himself, or berries' before dinner, and then sent seeming to understand much of what
out to guzzle or play! How unsus. is saying by others, and then all at
pectingly the simpleton prates abject once surprises you by beginning in a and slavish submission of Kings to sudden fit of soda-water, or home. Parliament and Cabinet Ministers of made-wine inspiration, very volubly the day! - The only doubt that can to " reprobate the idea.” The pamph- arise in the conscience of the Monarch let was at first erroneously attributed on the subject is, as to the moral proto a clergyman of the Scottish Epis- priety of surrendering up his own copal Church, resident in Edinburgh; judgment, and deferring to the collecbut it is, we understand, the virgin tive wisdom of that body of men in essay, in the literary line, of a young whose counsels he ordinarily conIrish Surgeon, who, having cut up fides !!” And the Surgeon would tell in the way of his profession, a few him instantly to make the surrender dead old women, leapt rather illogi. « to the Collective Wisdom !" Suppose cally from such premises, to the con- one « Collective Wisdom” were to say, clusion, that he could cut up a living « Sire, you are right in your interpremiddle-aged man. Paddy avers that tation of the oath.” Is he thenceforth the King's conscience has nothing to confidein that decision, and strength. whatever to do with the Coronation ened by it, to adhere, to the death, to Oath.
his own conscience? If so, then the * The idea of the conscience of the Mo- British nation and this Irish Surgeon Darch taking cognizance of the fitness of are at one ; for the “ Collective Wispolitical securities, is perfectly unintelligi, dom" were with the King. ble. It is his mind or intellectual fa. If again another “ Collective Wisculty alone that is employed for the pur- dom” were to say, “ Sire, you are pose. All that the moral sense does or can wrong in your interpretation of the do in this case, is, to inform him of the
oath"---Must the King then obey rectitude or error of his motives and in
their injunctions too? and act in the tentions. The question as to the most efficient mode of fulfilling the royal oath,
teeth of “ that other body of men in then, is simply a question of political pru- whose counsels he had ordinarily condence or expediency : and the only doubt fided ?" Is there one“ Collective Wisthat can arise in the conscience of the dom,” just as there is one Absolute Monarch on the subject is,-as to the mo. Wis.lom, (Alderman Wood,) or are there many “ Collective Wisdoms?" liam, have tolerated Protestants ad. It is great difficulty for the King which vancing such claims as the Papists now of them he shall choose. Thus, this advance, or that any Roman Catholic Irish Surgeon is one“ Collective Wis- priest that ever sold such indulgences, dom," and Dr Phillpotts is another, would have advised him to do so, in, and between the two, suppose them to stead of whispering into his ear a hint be both Cabinet Ministers, how would about “ the moral propriety of anit be possible for any King on the face other St Bartholomew ? of this earth to choose? Were we King, Paddy then becomes illustrative, we should, for the sake of a quiet life, and compares the King with his com take the advice of the Surgeon prac ronation Dath, to a trustee sworn faithtising as a physician,--and to soothe fully to administer to a will. The Dr Phillpotts' feelings, make him a Bi. honest trustee is no lawyer ; and the shop. Yet, instead of a Surgeon, Pad clauses in the will are so confused, and dy, who, on his title-page, facetiously complicated, and contradictory, that calls himself“ By a Clergyman of the they are enough to puzzle the devil, Church of England,” should by rights the greatest lawyer and conveyancer have been a “Praste,"-and then, (that of any age or country. Instead, howexcellent song, “The Irish Wedding," ever, of consulting that Lord Chancelis our authority,) he would have got lor, which under the rose many a trus. not only
tee does, especially in orphan cases, Praties dressed both ways,
the Surgeon informs us, that the trusBoth roasted and boiled,"
tee consults the family lawyer, and but of him also it would have been
his advice he implicitly follows, as the sung
administrator of the trust.
Now, in the first place, does not the “ The Praste got the snipe."
Surgeon know, that the King did this This self-ordained clergyman of the very thing that he consulted Lord Church of England, is, we know it, Kenyon? But, in the second place, an Irish Surgeon, and what is still cannot the Surgeon see, that there is more inconsistent, apparently, with no more resemblance between the two his assumed character-he is also a cases than between a horse-chesnut and Papist, and as good a Papist too as ever a chesnut horse? The King was as kissed Pope's toe, or gave up his con- good a judge in his case and a far science to a priest.
better too, than anybody could be for He then blarneys away, but not at him,for he had a profound and holy all after the lively fashion of his ima, feeling, without which the spirit of an ginative countrymen, about the dif, oath cannot be understood. Farther, ferent varieties of oaths. Now there what would the trustee have done had certainly is in Ireland a more amu, six lawyers on each side given a difsing variety of oaths than in any other ferent interpretation of the said will? country we ever had the pleasure of Cast lots ? Suppose he had trusted to travelling through in a jingle ; but a knave or knaves, and robbed the there is not in all the Green Isle, one widow and the fatherless? Or supsingle Coronation Oath. Had old pose that after all, one honest man Brian Borrou taken a Coronation more enlightened than all the rest, oath, or “ Malachi with the Collar of showed him, clear as heaven, that the Gold," do you think those grim Mile- will, instead of being confused and sians would have seen the moral pro complicated, was as plain as a pikepriety of surrendering their judgments staff? Farther, suppose, and it is the to the Collective Wisdom of Connaught case in question, that the trustee partor Tipperary? Do make some allow ly admitted from the beginning, that ance for a man's being a King. It is he knew nothing at all about the mata serious, a solemn business, being a ter ; had no opinion, no judgment, no KingA Coronation Oath is no joke. feeling, no fear, no uneasiness, no Come now, sir, you Surgeon, and you tremblings of a tender conscience, but son of a Surgeon ! do you think that handed the will over to the lawyer any Roman Catholic King that ever without reading what he knew it was bought indulgences for wholesale impossible for him to understand ? adulteries, and murders, would, in Does this apply to the King and his the face of such a Coronation Oath as Coronation Oath -No. was first administered to King Wil. But to humour the Surgeon in his
fancy for the law, and indeed it is Killarney for Dublin, to lie in under not easy to know whether he be a Dr Crampton. surgeon, a clergyman of the Church The grave absurdity of the Sura of England, a Roman Catholic priest, geon's illustration will, we hope, exor an attorney we shall put a case cuse the gay absurdity of ours. Each to him, which will instantly settle his of us writes in his own peculiar vein hash-the case of an English Pro -and though both may be bad in testant, a trustee, administering to a itself, the contrast may be amusing. will, in which it is provided that the But the latter half of his answer is a daughter of the testator, also an sermon, on an excellent subject too, English Protestant, shall not marry Christian Charity. A sermon on a an Irishman-particularly ODoherty. Working week-day is, we cannot help The young lady will no doubt think saying what we think, a very great that very hard for « there is none bore indeed ; and as this happens to that makes love like a real Irishman," be a working week-day--we never and the trustee may think the testa write articles on Sunday we shall tor a very absurd defunct. But the put off the perusal of it till the first testator bas given his reason why his rainy Sabbath on which we happen daughter shall be disinherited, if she to have a cold and sore throat, in admarries ODoherty, namely, that he dition to our gout and rheumatism, knows she never could be happy with and when it would therefore be more the Adjutant. The trustee makes in rash than pious to go to church. quiry about the Ensign's character, From a slight and hurried glance, and finds, that with the exception of we see the preacher remonstrates very a few debts, the amount of which it seriously and solemnly with Dr Phill. is difficult to come at, and a foolish potts on his extreme warmth and zeal rumour of his having another wife, in the cause of Protestantism and the the Standard Bearer is a most entirely Protestant Church. He conjures him unexceptionable match, and is the like to reflect how improper it is to be liest man in all the world to makeMiss so severe on “ six millions of his felMacGillicuddy happy; on which the low Christians" - pretty Christians trustee fulfils the testator's intentions, truly a few millions of them say we which could only be to make his daugh- not to trample on the fallennot ter the happiest of women, though to recommend keeping all these mil. he knew not how to set about it, and lions down by the strong arm of the bad stood in the shape of a ghost in law, and so forth, recommending her way and his own light-by him. mildness, meekuess, pity, pardon, al. self giving away the bride to the lowance for human frailty, and for Hero of Talavera and Picardy. All difference of opinion in affairs between the ODoherties—many of them as a man's conscience and his God-in. 'cute lawyers as ever drew or expound- cluding, of course, his priest--and ed a will, were clear for the marriage throwing in a hint now and then, The uncle had his doubts, but he that as there have been such things ving consulted his conscience as to as rebellions in Ireland, there may the moral propriety of surrendering be again " for that nuncios, bihis judgment, and of deferring to the shops, and priests, are not the only Collective Wisdom of that body of powers that have led on the people men on whose counsels he had ordiof any country to acts of violence in narily confided, why then, to use the defiance of laws, human and divine.. Surgeon's phraseology, for he is also I can myself testify that such acts a bit of a metaphysician, " it is only were committed in Ireland by the the mind or intellectual faculty that Protestant army of a Protestant king, is employed for the purpose" of ascer at the command of generals, colonels, taining whether the ODoherty was and captains, all professing the Proqualified to make the MacGillicuddy testant Faith.” So out jumps the happy or not; and having little or no truth, our friend the surgeon is a mind of his own, and a bachelor Croppy. wholly ignorant about such matters, Yet it appears that our Irish the marriage is solemnized and con- preacher, on beginning to indite bis summated of course, and in due sea- answer, did not intend to preach, but son the lady will leave the Lakes of merely to pamphletize. He begins