of ftate tran fcendent over private confiderations. overturning the constitution and government of Great Britain. As the author and publisher of fuch a book would upon an impartial trial by Englishmen certainly be found guilty of fedition and treafon, fo could the encouragers and promoters of such a seditious and treasonable libel little expect to be innocently acquitted by a fair and upright jury of their countrymen. If the private rights of individuals are to be protected and preferved from civil injury and invasion, how neceflary for that very purpose is it, that the protecting and preferving power itself should be kept up in unimConfiderations paired vigor and perfection; nay fo tranfcendently fuperior to private confiderations are the confiderations of the state, that *"though laws prevent confequences injurious to particulars, where they can confistently with focial good, yet in matters, which concern the existence of the fociety, or government, confequences injurious to particulars must not only be suffered to take place, but even fought for and indulged, if they have a tendency to prevent confequences injurious to government itself. On this reason * Yorke's Confiderations on the Law of Forfeiture, p. 40, 41. ftand diffolution of government, is rights of foci to difclaim the ety. ftand thofe fevere laws, which have been made in several states against neutrality in times of common danger. It is agreable to the policy and original compact of government to blend and involve the interest of every member with its own.” So adds this learned conftitutional writer. "No- To attempt the thing is more natural, than the conftruction, which civil laws have put on treafons against government, than when a man endeavours the diffolution of it, he means to disclaim all those benefits and rights, which it has either made him capable to enjoy, or the instrument to convey." Whence elsewhere Whence elsewhere comparing the imperial with the confular state of ancient Rome, he says: "An unguarded saying was treafon against emperors; but in a free ftate a man could only be accused of actions, which had a direct tendency to overturn government." And although he fays, that Auguftus on account of the licentious writings and converfation of Caffius Severus, had caused the matter of libel to be treated capitally, as a crime of læfa majeftas, yet + "the mildness of his nature inclined him, and the liberty of Rome fo lately loft, made *Yorke's Confiderations on the Law of Forfeiture, P. 51. + Ibid. p. 50. Execution of the laws neceffary for the prefervation of fociety. it his intereft, not to deviate in things of this It is neceffary in every ftate, but emphatically fo in the political government of Great Britain, in which the people make the laws, that the authority and execution of them should be strictly and even rigorously fupported. "The profperity and greatness of empires ever depended, and ever must depend upon the use their inhabitants make of their reason in devifing wife laws, and the * Gurdon, vol. i. p. 17. who quotes Bodin de Rep. 1. i. c. 4. + Erskine's Argument in the Cafe of the Dean of St. Afaph, p. 211. spirit and virtue, with which they watch over. their juft execution." The great criterion, by which criminality can be affixed to any writing or publication, is the establishment of this point, quo animo it was written or published; for a&tus non facit reum, nifi mens fit rea; the mere physical action is not in its nature fufceptible of guilt or criminality; the vicious and malicious intention of the mind alone can affix immorality, criminality, or guilt unto it; as is clearly distinguished in the cafes of chancemedley and murder. *« So lord Camden, in profecuting the late Dr. Shebbeare, told the jury, that he did not defire their verdict upon any other principle, than their folemn conviction of the truth of the information, which charged the defendant with a wicked défign to alienate the hearts of the fubjects of this country from their king upon the throne." And this refpectable peer followed closely the principle of the great chief juftice Holt, who in Mr. Tutchin's cafet held a fimilar language to the jury. "Now you have heard this evidence, you are to confider whether you are fatisfied, that Mr. Tutchin is guilty of writing, compofing, and pubErfk. ibid. p. 205. The guilt of a crime confifts in the mind and intention. lishing these libels. They fay, they are innocent papers and no libels, and they fay nothing is a libel, but what reflects upon fome particular perfon. But this is a very Writing against strange doctrine, &c. If people fhould not be called to account for poffeffing the people government a crime. with an ill opinion of the government, no government can fubfift, &c.” Some publications of the prefent day, which feem to have acquired a more extenfive circulation, than from the bare chance fale of the impreffion, appear to me to have been written, not with an immediate view or intention of enforcing due fubmiffion and fubordination to government. When an author commits himself in print, he opens an univerfal correfpondence with all mankind; and I fhall therefore claim no other, than the conftitutional liberty of the prefs, to warn my countrymen of the real unequivocal import and tendency of one out of many of these late publications, which has appeared under the delufive and infidious title of the Rights of Man. The author fhall not be interrupted by me in the right, which he claims of speaking for himself; nor will I attempt to invade the right of any one of my readers to think for himself, if he undertake to judge quo animo these doctrines were written, and continue now |
