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the matter in difpute he and Mr. Cartwright are both of the fame opinion. He then proceeds to the difcuffion of another point; namely, the nature of allegiance; on the due folution of which, as his Lordship obferves, the moft. important conftitutional doctrine hangs. On this fubject his Lordship reafons with fingular acutenefs and ingenuity. In the courfe of his argument he examines the maxim that the King can do no wrong; in illuftration of which doctrine Sir William Blackftone lays it down, that the King is not only incapable of doing wrong, but even of thinking wrong: he can never mean to do an improper thing: in him is no folly or weakness.

But let us fee, fays this fpirited writer, how this Weftminsterhall inference (for it is called a legal maxim) and its comment agree with the Constitution, with nature, with reafon, with common fenfe, with experience, with fact, with precedent, and with Sir William Blackstone himself; and whether, by the application of these rules of evidence thereto, it will not be found, that (from the want of attention, as I have taken notice of before, to that important line of distinction which the Constitution has drawn between the King of England, and the Crown of England) what was attributed to the monarchy has not been given to the monarch, what meant for the kinghip conveyed to the King, what defigned for the thing transferred to the perfon, what intended for theory applied to practice; and fo in confequence that whilst the premiffes (of the perfection of the monarchy) be true, the conclufion (that the King can do no wrong) be not false".

And first in reference to the Conftitution: to which if this matter be applied (meaning what it expreffes, and if it do not it is unworthy of notice) it is fabverfive of a principle in the Conftitution, upon which the prefervation of the Conflitution depends; I mean the principle of resistance: a principle which, whilft no man will now venture to gainfay, Sir William Blackstone himself admits, ' is justifable to the perfon of the Prince when the being of the State is endangered, and the public voice proclaims fuch refiftance neceffary;" and thus, by fuch admiffion, both difproves the maxim, and overfets his own comment thereupon: for to say that the King can do no wrong," and that he is incapable even of thinking wrong," and then to admit that "refiftance to his perfon is juftifiable," are fuch jarring contradictions in themfelves, that until reconciled, the neceffity of argument is fufpended t.

With refpect then, in the next place, to the agreement of this maxim and its comment with nature, with reason, and with common fenfe, I should have thought my felf fufficiently juftified in appealing to every man's own reflection for decifion, if I had not been made to understand that nature, reafon, and common fenfe had had nothing to do with either. Sir William Blackftone fays, That though a philofophical mind will confider the royal perfon merely as one man

'How eafily does the worship of the divinity degenerate into a worship of the idol ? Vid, Hume's Ellays, p. 46.

t Vid. Blackftone's Comm. v. 1. p. 251.

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appointed by mutual confent to prefide over others, and will pay him that reverence and duty which the principles of fociety demand, yet the mafs of mankind will be apt to grow infolent and refractory if taught to confider their Prince as a man of no greater perfection than themselves; and therefore the law afcribes to the King, in his high political character, certain attributes of a great and transcendent nature, by which the people are led to confider him in the light of a Superior being, and to pay him that awful refpect which may enable him with greater eafe to carry on the bufinefs of Government." So that, in order to govern with greater eafe, (which by the bye is mere affertion without any proof) it is neceffary to deceive the mafs of mankind, by making them believe, not only what a philofophical mind cannot believe, but what it is impoffible for any mind to believe; and therefore in the investigation of this fubject, according to Sir William, neither nature, reason, nor common fenfe can have any

concern.

It remains to examine in how much this maxim and its comment agree with experience, with fact, with precedent, and with Sir William Blacktone himself. And here it is matter of most curious fpeculation, to obferve a maxim laid down, and which is intended for a rule of government, not only without a fingle cafe in fupport of it, but with a ftring of cafes that may be carried back to Egbert the first monarch of England, in direct oppofition to the doctrine. Who is the man, that reading the past history of this country, will fhew us any King that has done no wrong? Who is the Reader that will not find, that all the wrongs and injuries which the free Conftitution of this country has hitherto fuffered, have been solely derived from the arbitrary measures of our Kings? And yet the mafs of mankind are to look upon the King, as a fuperior being; and the maxim that "the King can do no wrong," is to remain as an article of belief. But without pushing this inquiry any further, let us fee what encouragement Sir William Black tone himself has given us for our credulity. After ftating the maxim, and presenting us with a most lively picture, "of our sovereign Lord thus all perfect and immortal,” what does he make this all perfection and immortality in the end to come to? His words are thefe: "For when King Charles's deluded brother attempted to enflave the nation," (no wrong this to be Jure)" he found it was beyond his power: the people both coULD, and did refilt him and in coníequence of fuch reistance obliged him to quit his enterprize and his throne together +."

The fum of all is this: that the Crown of England and the King of England are diftinguishable, and not fynonimous terms: that allegiance is due to the Crown, and through the Crown to the King : that the attributes of the Crown are fovereignty, perfection, and perpetuity; but that it does not therefore follow, "that the King can do no wrong." It is indeed to be admitted, that in high refpecti for the Crown, high refpe&t is alfo due to the wearer of that Crown; that is, to the King: but the Crown is to be preferred to the King,

*Vide Blackstone's Comm. v. 1. p. 250. ↑ Id. v. 4. p. 433.

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for the first veneration is due to the Conftitution. It is likewife to be Suppofed, that the King will do no wrong; and as to prevent this, a Privy Council is appointed by the Conftitution to aflift the King in the execution of the government, fo if any wrong be done," these men," as Montefquieu expreffes it," may be examined and punifhed *»

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But if any future King fhall think to fcreen thefe evil counsellors, from the jult vengeance of the people, by becoming his own Minifter; and, in fo doing, fhall take for his fanction, "the attribute of perfection," shall trust to the deception of his being a fuperior being," and cloak himself under the maxim, that the King can do no wrong;" I fay, in fuch a cafe, let the appeal already made to the Conftitution, to nature, to reafon, to common fenfe, to experience, to fact, to precedent, and to Sir William Blackflone himself fuffice; and preclude the neceflity of any further Remarks from me .'

After enumerating the various diforders under which the Conftitution is fuppofed to labour, this state physician, whose abilities, independent of other confiderations, fufficiently fave him from the imputation of being a quack, recommends as a restorative that an Act fhould be immediately paffed declaratory of the conftitution, for fettling the conftitution, and for obtaining uniformity in the State.' Thofe who wish to know what is advanced on this fubject must be referred to the book itfelf, in which its noble Author has difplayed great extent of political knowledge. His Lordship, though not an elegant, is a

Except the parliament, which is the great council of the nation, the judges, and the peers, who, being the hereditary counsellors of the crown, have not only a right, but are bound in Foro Confcientiæ to advise the King for the public good; the Conftitution knows of no other council than the Privy Council, Any other council, like Clifford, Arlington, Buckingham, Afhley, Lauderdale, and as the initial letters of thefe names exprefs, is a CABAL, and as fuch fhould be fuppreffed. Nat. Bacon, fpeaking of the lofs of power in the grand council of Lords, fays, The fenfe of State once contracted into a Privy Council, is foon recontracted into a Cabinet Council, and laft of all into a favourite or two; which many times brings damage to the Public, and both themselves and Kings into extreme precipices; partly for want of maturity, but principally through the Providence. of God over-ruling irregular courfes to the hurt of fuch as walk in them.' Pol. Difc. part 2. pag. 201.

For experience, fact, and precedent, fee the reigns of King John, Henry III. Edward II. Richard II. Charles I. and James II. See alfo Mirror of Juftices, where it is faid, that this grand affembly (meaning the now Parliament or then Wittena-gemotte) is to confer the government of God's people, how they may be kept from fin, live in quiet, and have right done them, according to the euftoms and laws; and more especially of aurong done by the King, Queen, or their children:" to which Nat. Bacon adds this note, At this time the King might do wrong, &c. and fo fay Bracton and Fleta of Kings in their time.' Difc. part 1. pag. 37. Lond. 1739.

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nervous and manly writer; one who feems more defirous of exploring truth, than ambitious of embellishing it with unneceffary ornament. Of the facts on which his arguments are founded he appears to be fully informed, and his mode of arguing is close and convincing.

We have only to regret that Lord A. in treating a fubject in which every Englishman is fo deeply interefted, has fallen into the error of thofe politicians who have imagined that property (not the people) is the object of parliamentary reprefentation; a doctrine fo abfurd, that we want words to express our aftonishment at its existence in a country where the invaluable rights of the lowest citizen, whofe only property is his FREEDOM, CIVIL and RELIGIOUS, are furely as much the objects of conftitutional protection, which implies reprefentation, as the dirty acres and money-bags of the opulent, but lefs numerous and less useful, part of the community! C..t.. t.

ART. XIV. A Poetical Epifle to his Excellency GEORGE WASHINGTON, Efq; Commander in Chief of the Armies of the United States of America, from an Inhabitant of the State of Maryland. To which is added, a Sketch of the Life and Character of General Washington, 4to. 2 s. 6 d. Annapolis printed, 1779; London reprinted for Dilly, &c. 1780.

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LTHOUGH America is, or lately was, like all rifing countries, in a general ftate of improvement, yet poetry, in particular, does not yet feem to have been highly cultivated in that foil. But great events will produce great poets. Homer, perhaps, had never immortalized himself in fong, had the fiege of Troy never taken place.-The fpecimens of American poetry which we have hitherto met with, are, probably, the dawnings of that brighter day which may, ere long, fhine forth in full splendor.

The little poem here republifhed, from the original American edition, is chiefly intended by its Author (a native of America*) as a compliment to his celebrated countryman, the Commander in chief of the Congress' troops.

Having paid due refpect to the merits of the hero to whom this Epiitle is immediately addressed, and reprobated the hostile

Say, where along yon venerable wood,
My native ftream fwells thy Potomack's flood,
Shall my untutor'd Mufe begin the fong,
Which future bards in rapture fhall prolong:
Or there my little bark prefume to fail,
Fann'd by fair Liberty's infpiring gale?'

By his native ftream, the Author means the river Wiccamico, which empties itself into the great river Potomack.

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conduct of Great Britain towards his native country, with a warmth of refentment which was to be expected in a poem of this kind, the Western Mufe thus contrafts the bloody picture with a prophetic delineation of the ftate of America, happily fettled in the enjoyment of that freedom for which he is now Struggling:

Great without pomp, without ambition brave,
Proud, not to conquer fellow men, but fave:
Friend to the weak, a foe to none, but those
Who plan their greatness on their brethren's woes;
Aw'd by no titles, undefil'd by luft;
Free without faction, obftinately just;

Too wife to learn from Machiavel's false school,
That truth and perfidy by turns should rule;
Too rough for flattery, dreading ev'n as death
The baneful influence of corruption's breath;
Warm'd by Religion's facred genuine ray,
That points to future blifs th'unerring way;
Yet ne'er controul'd by Superftition's laws,
That worst of tyrants in the noblest cause ;
The world's great mart, yet not by gold defiled,
To mercy prone, in justice ever mild,

Save to the man who trikes at FREEDOM's roots,
And never curs'd with M-sf- ds, N―ths, or B—tes.
Such be my country; what her fons fhould be,
O may the learn, great WASHINGTON, from thee!
Thy private virtues be their public rule,

Thy public conduct be the patriot school!
That living law, from whence her rifing youth
May gather wifdom, conftancy, and truth,
Of independence catch the generous flame,
And learn to fhudder at oppreffion's name!

It is the custom of fome painters to draw flattering refemblances; and we fear that this artift is of their number. We apprehend that the world never yet faw, and never will fee, human fociety in the high ftate of perfection which he has fo fondly imagined.

The memoirs of the life, and the sketch of the character of Mr. WASHINGTON, feem to contain the most authentic, as well as most circumftantial, account of this modern FABIUS, that hath yet appeared. The half-length portrait, given by way of frontifpiece, is engraved from an original painting; and it is faid to bear a juft refemblance of the General's perfon.

This pamphlet is published for the benefit of the American prifoners in England.-It is true, as the benevolent Editor obferves, in his prefatory advertisement, the pains of captivity cannot be much lightened by this fmall mite of an obfcure individual;' but, as he justly adds, fuch munificent donations as have been made by Englishmen toward the relief of the American

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