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The Free Republicani

375 fours. The bair, with which it is laws ; the king holding his office by 'covered, is either brown or black: hereditary right, and independent of round about its face is a circle of both branches of the legillature apgreyish hairs; its eyes are large, but proves or disapproves the laws, ap: Junk in its head ; its ears naked; points judges to interpret them, and its face fat, and of a copper roloor. all the officers civil and military neIt is of a placid disposition ; its ino. cessary for their execution. tions are gentle ; it was fed with The house of commons, chosen and bread, fruits, almonds. But the depared by the people, from amongst molt fingular characteristic is, the themselves, represent the personal great length of its arms; and though rigtits of the nation. The house of Mr. de Visinie takes no notice of this lords, composed of a body of heredi circumstance in his description, his drawings seem to indicate it; but in a

tary noblity, formerly the immedi

ate proprietors of the principal part Jels friking manner than that of Mr.

of the lands in the kingdom, and at de Buffon, wiio adds, that, when the

this day pofieffed in general, not animal is upright, if can touch the only of very extensive interests, but ground with its bands.

in every instance diftinguined by ex.

clusive dignities,, iinmunities and The Free Republican, No IV. powers, effc&tually represent tbe pro.

perty of the kingdom. For no law

can be made, that Mall do an injury thew

w what is meant by, and in to the holders of properly and de. what confills a ballance of power, I prive them of any of their peculiar endeavoured to prove, that political advantages and rights, without at freedom is derived from it, and its once affecting each of their lordships, continuance depends altogether on in whom, are united extensive wealth the preservation of it. If these ob. and all the hours and dignities, servations bave truth for their bahs, which it generally brings ini's train. it must be plain, that in order clearly Hire then we firid the supreme legirto understand the principles and spi. lative power su divided, that no law rit of our own government, we must can take place, without that twofold know how this ballance is provided, consent of persons and of property, and what cbecks are instituted to pre- the ellence of civil liberty, The lords serve it. When this ballance and its and commons are the two scales, in checks are fully discovered and pre- equipoise. But if these two bodies cisely delineated, it will be easy to in addition to their legislative power, discover that line of conduct and were vefted with the judicial and exfyftem of jurisprudence, which every ecutive, which inclade the whole that patriotic citizen is difpenfibly can exist in any political institution, bound to pursue.

the histories, both of ancient and moBefore we enter upon any oblerdern republics, incontenibly prove, vations respecting the government of that the government could not long the Commonwealth of Massachusetts, continue Tree. That insatiable thirit it may not be amiss to make a few for power, so natural to the human reflections on the conftitution of Eng. bolom, must originate those discords land, as that is a governa:ent, in and diffentions, which would destroy which, the supreme power is ballaoc the ballance and immediately intro ed with great wisdom, and furn.thed, duce the wretchedness of tyranny perhaps, with as effectual checks as under some form or other. When the imperfeâion of human affairs will Charles was beheaded and the comadmit. A government, which, wken mons usurped the power of the monadminiftred agreeably to its princi- arch, this broke the ballance ; and ples, ensures the enjoyment of as what was the consequence ? Tbe great a share of liberty and political house of lords were direaly voted to happiness, as any one that has yet ap. be dangerous and useless; the people peared in the annals of the world. became the unrestrained monarch of The lords and commons make the the nation, and prepared the way for Bbb

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the infamous despotism of a Crom- become an absolutę aristocracy ; ff well. '

the king,an absolute monarchy. The To prevent there dire effects of lesson of Thrasybulus, the tyrant of ambition, which, in all ages, if uncon. Miletos to Periander the tyrant of rouled, has never failed to destroy Corinth, ought ever to be borne in the peace and happiness of society, remembrance by the people of Eng. the constitution of England has wile. land, especially when the rights and Ty deprived the legislature of all exe- the prerogatives of the nobility are cutive power, and placed it in the encroached upon by the influence and hands of the king, who holds his power of the throne. Periander office for life by hereditary right and alked of Thrasybulus, what meu. independent both of the nobility and sures he mould take with his new acpeople. The king confitutes a tbird quired (obje&s. The latter without branch of legillation ; and as the any other answer led the messenger commops have a negative on the do- into a field of wheat, where, in walkings of the lords, the lords on those ing along, he beat down every ear of of the commons, and the king on corn that was higher than the rest. both, in case of a contest berween Both branches of the legislative either two of the branches for an addition of power, there is ever a

the executive, it is impossible that eithird, who is able to hold, and whose ther the lords or commons should eninterest it is to preserve the ballance. croach immediately on the jurisdi&ion For whenever the equipoife is de. of each other, but by consent or inad. ftroyed, all the powers of govern. vertence. The former is by no means ment seem necessarily to how into the presumeable. But in care that either preponderating scale. Wherefore it the former or the latter Mould take is plain, that that very rage for pow. place, the interest of the king on ma. er, which renders is an instrument ny accounts must be opposed to every of wretchedress and run, unless such innovation and unconftitutional guarded by some effettual means of encroachinent. Power always giving controul, becomes, when there means ardour to the spirits of men, a politi. are provided, the aronger barrier of cal body, in the undue acquisition of our freedom. Civil government it, never moves, but with increasing bears a strong analogy to the inoral. strength and an accelerated motion. The former is kept in harmony and It must be opposed in the first Pages peace by the agency of differing in- of its efforts, or otherwise, thougti,it ierefis, when properly direted and possibly may not be able to bear down arranged; the blettings arising from the all opposition, yet it cannot fail to litter are commonly, and perhaps al- throw the government into convulli. ways, aff:ited, by lumiponing up the ons, which, probably, will terminate paffions, those springs of human a&i. in the accumulated horrors of a civil on,and preventing the undue controul war. It was from this principle, that of one by checking and ballancing it Cicero, who weil knew ine tempers of by the influence of the others.

men and their influence on govern. Jo case of a contert between the ment, undertakes to assure us, “ that king and cominons it must be the ia- novelties in republics' are dacgerous : tereft of the house oí lords to prevent things."

the fuccels of either. The protec. But I do not,at present,recolle& aoy torale of Cromwell, on the one hand, instances,in which,while the king was and the insupportable oppressions of pofíeffed of his constitutional authori. The firit llenrys, on the other, put the iy, that either the nobility or comtruth of the position beyond the reach mons have ever attempted an immeof difpute.

diate encroachment on each other, Should the king and mobility en. tho infances are frequent where they gage in a ftruggle for the prerogative have endeavoured to obtain the preof each other, the commons must rogative of the monarch, in order to fand in opposition to the views of give efficacy to their views of destroy. boil. If the mobility Mould prevail, ing the ballance, and thus, to effe&t a the goveroment will undoubtedly despotic aggrandifentent of them .

selves.

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The Free Republican.

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relves. These attempts however kingdom. But, though he is poftefied have been generally checked without of these powers, and many more, yet the interference of the crown.

he of himself cannot prescribe a fingle The present claims of the House of rule to the a&ions of his subjects ; he Commons headed by Fox, and encou• can only execute such as are prescrih. raged by the young Prince of Wales, ed by others. And, though it is with appears to me to be a subje&, that him to draw monies from the public ought to roufe the exertions of every treasury, yet he cannot give it supfriend to the conftitution of England. plies ; and without them, bis Majesty, They strike at the very existence of with all powers and regal pomp about monarchy. The King can act, and is him, becomes a cypher. It is not accountable, but by his ministers, and Kings or Lords that constitute tyranis the right of controuling or evea ap: ny, nor Senate and People that conprobating bis appointments is vefted ftitule liberty; but it is that diAribu.' in the commons, the principal part of tion of political power, which gives his authority vanishes in an instant. security to the rights of persons and The right of approving necessarily those of property,

which renders a goLupposes the reverse ; of course if the vernment free and the reverse of this, do&rine of the commons should pre- despotic. vail, monarchy will only become a It is a question, that has long been mere inftrument in their hands, for the subjeå of discussion, whether the the purpose of making such appoint- government of England inclines mort ments as they shall di&tate. In the to a monarchy or a democracy. It has time of Charles the firft, the King was, generally been supposed to incline deprived of the right of appointing moit to the former, because of the any officer of fate, ugless by the advice many means, with which the King is and approbation of parliament. This, furnished, if extending his influence says the historian, gave a most fatal throughout the kingdom. But if I blow to the regal prerogative, and in might be permitted to hazard my a manner dethroned the prince. sentiments, I Mould readily give it Should the same event, again take as my opinion, that it inclines most place, and the authority of the to' the latiers - The King certainly can monarch, as in the reign of Charles, never become an absolute monarch, be vested in the commons, I will ven. or in other words, deprive the people fure to predict, that in a little time, of all mare in the administration of fome daring spirit, aided, perhaps, by government, but by the exercise of foreign force, will rise a second Crom- great address and probably the efforts well from the ruins of monarchy. of a civil war. The Commons, on the The fruggle between his majefty and other hand, by a refusal to give supthe commons has exceedingly con- plies to the public treasury, may in vulled the nation, and nothing but effect, dethrore the monarch in a day. the firmness of the king, supported And if this temper and disposition by the nobility, will save the confitu- hould generally prevail among the tion from ruin. Should he persevere mars of the people, even if the King in his opposit 100 with manlines and Mould resort to the affiftance of his fpirit,success will probably await him, armies, he yet must fall a sacriunless corruption has pervaded the fice to popular resentment. The whole mass of the people.

people of England are numerous, · It has generally been supposed that Ipirited, enterprizing and powerful. the government of England is not The truth of this observation is verifree,by reason of the prodigious extent fied in almost every page of the En. of the regal authority. li is true the glish history. And agreably hereto, prerogative of the King is very exten- we find, that from the first existence Sove. He appoints every officer of the of the House of Commons, commenckingdom, dissolves the parliament, ing under the Eari of Leicester, in the fum nions them again to existence, reign of Henry the third, they have commands the feets and armies, been in a condant encrease of their makes war and peace, negotiates trea. authority and power. The spirit of tics and holds the purse. Arings of the revolution, as it gratifies the pride of

Teot.

such as are engaged in it, by giving tution of England; and so fong athe importance to ine moft obscure, is government should be adminiftrede. more readily diffused than a spirit of agreeably to its principles, every en fubmiffion. Convulsions in the poli- croachment, by one branch on the tical world, like thore in the natural, other would be effe&tually prevented, frequently reverse the order of things and the rights, both of persons and of and briog thofe into view, wlio would property, rendered perfeAly fecure. otherwise have remained forever bu: But what security have we, by our sied in obscurity. When I consider constitution, furnished as it is with these things and reflect on the exten- these checks, that they will be profive power that remains in the hands perly directed and artended to? The of the people of England, it is to me stability of the goveroment and its fafea matier of some furprize that the go- ry depend on the energy of the prin- vernment has not long foce become ciples and motives which Mall diaate: a democracy.

the exercise, and urge the observance Having made there generalobfervan of them. Tu determine, whether any tions respecting the English constituti- roch motives exift, and to ascertain on, the nature of a ballance of power, their origin and spirit, is an enquiry of and the mode in which it is provided; the higheft importance ; especially and preserved in that government, we

as the bleffings of civit government de país now to some observations re- pendgin the firft infance ,on ibeir exiftfperting the conftitation of this Com- ence and the continuance of those monwealth, whore form bears, in mx- blessings in a very great degree, 11y instances, a very confiderable ana- or the encouragement we give them. logy to that of England, though. But to discover these principles and The tenures, by which moft of the office motives, their origing their Arength ces are held, are altogether diffe- and support, requires a more miaute

view of the several parts of our conOur House of Representatives cho ftitution, their relationstheir interests fen by towns, in proportion to toeir and dependencies, than we have ac numbers, represent the personal rights this time been able to take. These of the Community. The Senate, subjects therefore muâ be defered to chosen by Counties, in proportion to

another day. their property, represents its rights of property. These two branches, lav. For the BOSTON MAGAZINE. ing a negative each on the other, make Volpone. A modern CharaEler. the laws, by which the ci izens are governed; but no part of the execu- Fall evils that difturb and inis veiled in the Governor, choren an- ety, there is scarce any one compaaually by the People, and pofseifing rable to a pnblick cheat and impora qualified'negative on both branches tor. Men who make it their chief of the legisla ure. The judicial offi- ftudy to deceive the world by fair cers in this Common wealth, as in En appearances and a few of honefty, gland, are appointed by the supreme are of all the most deteftable. Their Fxecutive, and asin that government, fattering words and falle infinuations noid tveir offices, in most inflances, for are so many beautious Powers, which ! fp, deterioimble on misbehaviour.. they ftrew in the way to cover their In England, enim misbehaviour is to be hidden snares, in order tą deceive determined by the Lorris on au im. the more effeclually. Justice and peachment of the commons, in this honesty are the very foul of civil fo.

.ernment, by tise legare, or an im. ciety, without which no intercourse priciment of the Representatives. between man and man can subhft. As ihe whole executive power is It must therefore be a very blameable verted in the governor, had hean un.. conduct in any person to plunge bim. qualified negative, political power ill felf in debt, to appear grand and Dis Cominonwealth during its dele- magnificent in the eyes of a deluded gation, would be deflributed nearly world. We cannot help cenfuring che fanne matats-as by the couili. fuch disionelt wictches, who look

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A Modern CharaEter:

373 big at the expence of their unfortu- delightful theory. Had Volpone obnate creditors; nor can we entertain liged the publick with his observati. any real compaffion for them, when ons on this topick, they might have they fall under the misfortunes they been of fingular service to mankind. fo jufly deserve.

This was his course of life for fem Volpone (for this is the name by veral years. At length the good lawhich I Mall chuse to call him) was dy his wife died without issue, whose one of this principle. He was a gen. death put a hapry period to the grow. tleman of a Cornish extradiong of ing miseries the had else been a para very mean birth and parentage. Im taker of. Soon after the deceitful his younger years he was very re- Volpone paid his addresses to a markable for his vivacity and a pecu. young lady in her full bloom of years, liar turn of genius, which inclined whom I thall call Cleora. She was a his friends to train him up to the women of merit, but without any Audy of the law, in which he soon fortune to recommend her. Her, the became a very great proficiens, and barbarous Volpone allured into the gave the world very great expecta. indiffoluble fate of matrimony, and tions of an eminent man. The na- inhumanly involved in the baseft na. toral gravity of his countenance, and ture. The young lady, encouraged fmooth volubility of tongue confirm- with foch a supposed advantageous ed peoplt fill more in the opinion offer of marriage, consented to his they had conceived of him:

proposals... consented, and was unRecommended with these and reve. done. Frequently he made to her ral other qualifications, he married the most roleino proteftations of his into a very repotable family and be- worth and fortune, in order to de. came incided to a confiderable for- coy her into the fatal foare. S range tude, which had he been sufrient- inhumanity! thus to decoy a poor My careful, he might have improved thoughtless innocent creature with to great advantage; but, alas ! he all the enchanting hopes of grandeur grew toj manifefly negligent and and greatness. How often would careless. As to the law, he general. the wicked Volpone recline bis head ty employed it to very bad ends ; in the fair Cleora's borom, and rell he was a perfect mafter of all the • her a thousand fine things he would quibbles and ambiguities of his pro. one day be miftress of? How often feffion. Never mian aded more incon would the fond dotard squeeze her fiftent with the true intent of his pro- loft hand in the raptures of a dying feffion. If any person came with a lover, and Aun her vain imagination bad cause to be supported, Volpone with the tempring thoughts of equiwas the man that could beft defend page and vanity. it. If there was any point in petty

Scarce was the fatal knot tied that borough affairs, that others looked gave the deceitful Volpone to his upon as too dirty to undertake, Vol. Cleora's arms, when he was called to pone was the man that was always London upon necessary business, or applied to on such an occafion. He was obliged, as some suppore, to abscond a person of that complexion, be cared on occafion of the preffing insults of bor how di thoneft his pra&tice was in his creditors, which Atill grew more This respect, if he could obtain his de- numerous, increased at home by the fired end. His skill in matters of this profusion of Cleora, who imagining nature was so extraordinary, that it she was married to so great a gentle. is generally thought, he never had his man, thought the was privileged to equal, and indeed it is great pity he live in a manner (uitable to the dig. ever Mould.

nity of her exalted ftation. But, But unhappily for him, the natu- alas ! how roon was the unfortunate sal beot of his genius likewise inclined Cleora convinced of her mifake? him to the ftudy of the mathematicks Tse houre and all her husband's vaand natural philosophy; the latter, luable effeas became a prey to the of which he grew so passionately hands of unmerciful bailiffs. What a enamoured, as to neglect the in. néw and unexpected scene of horror Ivicule mrazes of the law for a more was bere ! Her husband was absent,

where,

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