fion, and humane forbearance of that venerable statute. Another claufe of the fame act, which authorizes the punishment of transportation on the fecond conviction, even for words fpoken, appears to us equally repugnant to the merciful fpirit of the law of England. By applying the punishment of felony to a misdemeanor' frequently of no very aggravated guilt, it converts what was defigned as the chaftifement of profligate and dangerous offenders into an engine by which a minifter may crush his political opponents. The infliction of cruel and unufual punishment is prohibited by the tenth claufe of the Bill of Rights; and although that claufe was undoubtedly pointed at the then recent abufe of judicial difcretion in the cases of state offenders, yet it is founded on a principle which condemns the legifla tive introduction of a punishment ftill more cruel and unufual than any which is recorded even in the deteftable annals of the ftar-chamber. an unjuft conviction or a cruel punishment, while distance and oblivion deliver the agents of power from that dread of public obfervation and refentment, which is fo wholesome and neceffary a check on the tyrannical exercife of authority. The fame rigour, which, if practifed at home, would fpread' the alarm of tyranny throughout the nation, may be inflicted in a diftant exile without odium or danger. It is the nature of this punishment to be at once the moft fafe for thofe who inflict, and the moft cruel to thofe who fuffer it, to deprive the oppreffed of confolation, and to deliver the oppreffor from restraint. The authors of thefe statutes do, indeed, exprefsly admit that they materially restrain the liberty of the fubject; but they contend that fuch reftraints are neceffary, and that, if neceffary, they are just. We do not affirm that general' principles are never in any degree? to give way to the exigency of circumftances. But we affert that the right of difcuffion and remonIt is indeed a punishment which, ftrance is fo effential to the conin the feelings and apprehenfions ftitution, that it cannot be conof those who are likely to be the trouled or restrained without a furobjects of the vengeance of power,' render of the constitution itself. is fearce inferior to death. Had it When pleas of neceffity are urged, ir former times been fanctioned by let it never be forgotten that pleas the legislature, it might have fub- of neceffity are the ready inftru. jeeted the moft illustrious affertors ments and common juftifications of of our liberties, a Locke or a power without right, and that the Somers, to the combined miferies means by which nations are enof banishment, imprisonment, and flaved have ever been pretended to flavery, in a barbarous country, be 'neceffary to their fecurity. We' with a gang of outcafts and felons: never can admit that the delinRemoved from the view of theirquency of individuals ought to fellow fubjects, their fufferings in work a forfeiture of the liberties of a remote region are forgotten or a nation. A neceflity for new reunknown, and their fpirit is noftraints and penalties could only longer fupported by that confo lation which they might otherwife have found in general fympathy for 3 have arifen in the present inftance, from the inadequacy of the law, which we on our part utterly deny, -which which neither has been nor can be proved, and which the preambles of thefe acts themselves do not even venture to affert. Laws fuch as thefe we should have felt it our duty, at all times, moft ftrenuously to have oppofed. But there are many circumstances peculiar to the prefent time, which appear to us greatly to aggravate their malignity and danger. We cannot forget the fyftem of measures of which they are a part, the difpofition from which they appear to flow, the reafons by which they are fupported, and the confequences to which they feem intended to lead. - They originate with minifters who are making daily encroachments on the conftitution, who patronize the diffemination of opinions which tend to its fubverfion, and who have never fpared any rigour of political perfecution, to crush that freedom of difcuffion which endangered their own power. They are attempted to be juftified on principles fruitful in future encroachments on liberty, and by reasons which, if they were valid, would compel us to conclude that the free constitution of Great Britain is no longer compatible with its quiet, and that our only refuge from anarchy is in the establishment of defpotifm. They are introduced in the midst of a calamitous war, when the folicitude of many good men for liberty has been weakened by an artfully excited dread of confufion, and when the overgrown influence of the crown receives continual acceffions of ftrength from the burthens and diftreffes of the people. They are the measures of men, who, by an unexampled waste of public money, have acquired unbounded means of corruption. They have been pased into laws when a standing army, great beyond example, is kept up in the heart of the kingdom; when an attempt is fyftematically, though, we truft, vainly, purfued to divide the foldiery from their fellow-fubjects; at a time when every effort has been employed to fubdue the fpirit of the people, to pervert their opinions, and to render their most virtuous feelings fubfervient to the defigns of their oppreffors. Thus poffeffed of the combined influence of delufion, corruption, and terror, the framers of thele acts feem to have thought the favourable moment at length arrived for fecuring impunity to their own offences, and permanence to the corruptions and abufes of government, by impofing filence on the people. This project has hitherto been fuccessful. By the extenfion of the law of treafon, and by the combination of vague defcription with cruel punifhment in other ftate offences, minifters have gained the most for midable engine of political perfecution that can be poffeffed by a government. By reftraints, amounting almoft to prohibition, on the right of the people to affemble, to deliberate, and to petition, they have fhaken the fecurity of every other civil and political privilege. In this awful conjuncture, it appears to us to be the duty of every man who wishes to fee his country neither fubmitted to the yoke of flavery, nor expofed to the dreadful neceffity of appealing to force for the recovery of its liberties, to unite in a respectful but firm application to the legislature, for the deftruction of thefe alarming inno vations, and the restoration of the ancient free conftitution of Great Britain. We cannot think thatfuch an effort will be unfuccefsful. The ufurpations on our rights are yet yet recent and immature. The fpirit of this nation is not, as minifters may have too haftily fuppofed, extinct; and prudence itself will not fuffer the legislature to defpife the collective opinion of the people. They will rather, we truft, imitate the conduct of that wife parliament, whofe language we have already quoted, and, like them. declare, that "trufting his majesty's loving fubjects will, for his clemency to them fhewed, love, ferve, and obey him the more heartily and faithfully, than for dread and fear of pains of body, his majefty is contented and pleafed that the feverity of fuch like extreme, dangerous, and painful laws, fhall be abolished, annulled, and made fruftrate and void To obtain this happy refult, and to prepare the way for fuch an application to parliament, by petition, as may carry with it the weight and authority of the national opinion, we have invited our fellow fubjects to unite in the employment of every lawful means for procuring a repeal of these acts. do folemnly engage and pledge ourselves to each other and to our country, to employ every legal and conflitutional effort to obtain the repeal of two ftatutes, the one entitled " An A&t for the more effectual preventing feditious Meetings and Affemblies," the other "An Act for the Safety and Prefervation of his Majefty's Perfon and Government, against Treasonable and Seditious Practices and Attempts" ftatutes which we hold to be fubverfive of the ancient and undoubted liberties of Englishmen, as claimed, demanded, and infifled upon, at the glorious Revolution in 1688, and finally declared, afferted, and confirmed, by the Bill of Rights. Refolved, that the felect com. mittee do take fuch steps as they fhall think neceffary to forward the objects of this affociation; and that they do from time to time adver tife the fame in the public papers. (Signed) C. J. Fox. Address of the City of London to his Majefty on the fafe Delivery of the Princess of Wales, and the Birth of a Princefs. To the King's most excellent Majesty. The humble Address of the Lord Mayor, Aldermen, and Commons of the City of London, in Contmon Council affembled. Moft Gracious Sovereign, We your majefty's moft dutiful and loyal fubjects, the lord mayor, aldermen, and commons of the city of London, in common council affembled, humbly approach the throne with our fincereft congratulations on the fafe delivery of her 1 Mar. c. 1. royal royal highness the princess of Wales, and the birth of a princess. Deeply fenfible of the true and fubftantial bleffings which we experience under your majefty's mild and paternal government, as effential to the prefervation of the religion, laws, and liberties of all your majesty's fubjects, Your faithful citizens of London muft feel themselves highly interested in an event which directly tends to fecure to Britain the fucceffion of your illuftrious race on the throne of their ancestors. Impreffed as we are with fuch fentiments of loyalty and attachment to your royal houfe, it will be equally our duty and delight to promote within our feveral fpheres, a grateful veneration for your majefty's facred perfon and government, a due fubmiffion and refpect for the laws of our country, and a ftedfaft zeal to preferve the tranquillity of the empire, as the fundamental protection of the invaluable privileges we enjoy. His Majesty's Anfwer. I thank you for this dutiful and. loyal addrefs, and for your congratulations on the birth of a princefs. The repeated inftances which I have received of your attachment to my perfon, family, and government, are highly fatisfactory to me. Addrefs of the City of London to her Majefty on the fame Occafion. To the Queen's most excellent Majesty. The Humble Addrefs of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council affembled. May it please your Majesty, We his majefty's moft dutiful and loyal fubjects, the lord mayor, aldermen, and commons of the city of London, in common council affembled, beg leave to congratulate your majefty upon the fafe delivery of her royal highnefs the princefs of Wales, and the birth of a priacefs. The citizens of London feel the moft lively fentiments of joy on every occafion which contributes to your majesty's domeftic felicity; and the facred line of fucceffion to the throne of these kingdoms, thus preferved, forms a very material portion of their happinefs-conf.ious as they are, that no advantage will be wanting to form her infant mind after the virtuous example of the illuftrious females of your ma jefty's royal house. That your majesty may be long fpared to witnefs the growth of thofe tranfcendant virtues, of which your majefty forms fo eminent a pattern, is the fincere prayer of the loyal citizens of London. Her Majefty's Answer. I return you my fincere thanks for your congratulations on the birth of a princefs; and I cannot but be very fenfible of thofe cordial expreffions of attention to me with which they are accompanied. Copy of a Circular Letter from the Duke of Portland to the Lieutenants of Counties on the Sea Coaft, dated Whitehall, November 5, 1796. MY LORD, As it would materially add to the difficulties which already oppose themfelves to any attempts which it is poffible the enemy may be induced to make upon our coaft, if the live and dead ftock of individu als als refiding near the fea-coaft was capable of being inftantly removed and fecured for the benefit of the proprietors, I am commanded to recommend it to your lordship to exert your influence in caufing to be made out, as fpeedily as poffible, an account of live and dead ftock, in fuch of the parishes of the county of Suflex as are within ten or twelve miles of the fea. With respect to the mode of making out the account required, I take this opportunity of tranfmitting to your lordship the form in which it has been executed by the voluntary exertions of the gentlemen of the county of Dorfet; and fhall beg to fubmit it for your lordship's confideration and adoption, unless where it may be found neceffary to deviate from it, in confequence of local circumstances and fituations. With refpect to the mode in which it is propofed to remove fuch live and dead ftock in cafe it should be neceffary, your lordship will communicate with the commander in chief of the district in which the County of Suffex lies, and will concert with him fuch previous meafures for this purpose as may be judged requifite. ed The meeting which I have defiryour lordship to call on the fubject of my circular letter of this day's date, will afford you an opportunity of fubmitting this letter to the confideration of the deputylieutenants and the magiftracy of the county of Suffex, and will confequently lead to the immediate adoption of fuch meafures as fhall be neceffary to enable the return to be made, which I am perfuaded your lordship will be of opinion is 1o much to be wifhed for. I am further to inform your lordfhip, that the lord commiffioners of the treafury have received his majesty's pleasure, that they fhould take fuch previous meafures as may be neceffary for defraying any expences which may arife, in confequence of fuch poffible removal of live and dead stock as I have fuppofed, as well as of any particular loffes which may eventually be occafioned thereby. Although this circumftance is objection to the measure, I am nefuch as muft obviate every poffible vertheless confident, that all those whom it may concern would, exclufively of every perfonal confideration or motive, join with the ut most alacrity in the execution of a meafure which has for its object the general fafety of the country. I have the honour to be, &c. PORTLAND. A Proclamation of his Excellency the Lord Lieutenant of Ireland againft illegal and treasonable Affociations. CAMDEN. mation, that divers ill-affected perWhereas we have received inforfons have entered into illegal and treasonable affociations, in feveral Down, Tyrone, Londonderry, and parts of the counties of Antrim, Armagh, to fubvert the established government of this kingdom; and for the effecting fuch their treafonable purposes, have affaffinated divers of his majefty's faithful and loyal fubjects, who have endeavoured, and threaten to affaffinate others who fhall endeavour, to detect or fupprefs their treafon; and in further profecution of their defigns, have endeavoured to deter his majefty's loyal fubjects from incommiffioned by his majesty for the rolling themfelves under officers defence of this kingdom,, during the prefent war, by maiming and de |