various kinds which comes upon them from every part of the country, and the multiplicity of forms useful on the whole, but frequently inconvenient and injurious in particular cafes, with which they are now encumbered, occafion great dilatoriness and heavy charges in the progrefs of many of the fuits which are brought before them. But these evils are far more than compensated to the public by the benefits refulting from the inftitution. Perhaps however it might be found, were the investigation committed to competent and difinterested enquirers, that much time and money might be faved to the contending parties, without any risk of fubftantial juftice, by the abolition or alteration of certain forms now become useless, and by fimplifying proceedings unneceffarily complicated and prolix. 10. The freedom of the press should be checked by no laws which are not indispenfably neceffary for the restraint of malevolence and vice feeking to fubvert the public tranquillity or the happiness of private life. That Government which dares not allow its own own laws and proceedings, and the conduct of the courts of juftice, to be fairly difcuffed by the public, betrays its weakness or its guilt. In Great Britain the freedom of the prefs is become as it were a part of the Conftitution. And with respect to the precautions indicated by the rule as expedient for the purpose of curbing its licentioufnefs, Englishmen have reason to rejoice that the cafe of every person charged with a libel, whether of a public or of a private nature, is fubmitted to the decision of a jury, fully empowered to take into the account, in this as in any other criminal charge, the intention of the party accufed. 11. Finally, every Conftitution of Government is radically and dangerously defective, which does not contain within itself the means of remedying without tumult and national disorder the imperfections in its frame which experience may bring to light; and of correcting the abufes which time and accidents may introduce into the adminiftration of public affairs. Whoever confiders the power, which every member of either Houfe of Parliament pof feffes, feffes, of propofing in his place fuch meafures as he deems advifable, and the power of the Legislature as to adopting the meafures propofed, will not impute this defect to the British Constitution. And the imputation, were it brought forward, would be repelled by a reference to the many great improvements which have been (q) peaceably (9) The improvements made in the British Conftitution by Magna Charta and Charta de Foresta (Blackstone, vol. iv. p. 423), and by feveral other charters and public acts, in the earlier period of our history, do not fall within this defcription, having been obtained, principally or entirely, by means of fuccefsful infurrections. But among the happy changes quietly effected in the manner pointed out by the Constitution itself, we may particularly mention the enacting of the Petition of Right in the reign of Charles I. by which," Sir William Blackftone obferves (vol. iv. p. 437)," the English Conftitution received great alteration "and improvement;" the Habeas Corpus Act, and the abo. lition of military tenures, in the reign of Charles II.; the Bill of Rights and the Toleration Act about the time of the Revolution. And to speak of the reign of his prefent Majefty, the completion of the independency of the Judges, the extenfion of the rights of citizens to Roman Catholics, the recent bill respecting libels, and the decifion of Parliament that its diffolution does not abate a pending impeachment, may be regarded as acquifitions of the most falutary nature, and highly beneficial to the Conftitution made in the Constitution at different periods reaching even to the prefent times. No human work can attain perfection; nor is any human work carried nearly to that degree of excellence which it is capable of attaining, but by the exertions of growing wifdom continued through the lapfe of ages. In proportion as we furvey the governments and the internal condition of the greater part of the civilised world, we fhall fee additional reason to be thankful to Providence for having caft our lot under the British Conftitution. And we have caufe ftill further to rejoice, that a regular method of removing any remaining defects in the Conftitution and the Laws (and every good man should be anxious for the quiet removal of all of which he is confcious) is provided and indicated by the Conftitution itself. The humbleft and the pooreft fubject may carry his complaints to the British Parliament, And if once the fenfe of the nation be decidedly formed, and permanently expreffed, concerning the injustice or impolicy of any particular law; the public voice will reach every branch of the legislature, and obtain that change in the fyftem which moral duty and the general welfare demand. It is thus |