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he would be encouraged to greater enormities; if punished, and in a way short of death, either the disgrace which he had undergone would disqualify him from filling the throne afterwards with dignity and effect; or the public compassion, excited by his humiliation and encouraged by his adherents, would turn the tide of popularity beyond measure in his favour, and enable him not only to wreak his vengeance on the authors of his punishment, but perhaps even to assume arbitrary power. For these reasons, among others, it seems the part of wisdom to suffer no penalty to impend over the Monarch himself, except the forfeiture of the crown in extreme cases; and to guard against his possible misconduct or treachery, by making the public concurrence of his minifters indispensable to the validity of his proceedings, and rendering them ftri&ly responsible for the counsel which they give, and the commands which they execute. This method is adopted in the British Constitution.
8. The expenditure of public money should be brought to open account.
The policy of this rule, and the observance of it in Great Britain, are equally apparent.
9. The proceedings of courts of justice should be public ; and justice should be administered with as little delay and expence as may be.
In the administration of justice the first requisite is that it be impartial. That the courts of justice in Great Britain are equally open to the poor (P) and to the rich, to the subject
(1) There is one description of British subjects who are by no means equally protected with their fellow-citizens in the enjoyment of liberty : those namely, who are liable to be seized by a press-gang, and compelled to serve on board a man of war, even at the very moment when they are returning to their families after several years of ab. sence, sickness, and toil, in distant quarters of the globe. If any argument can in some instances rescue the practice of impresling seamen from the charge of direct injustice, it must be this; that they who follow a seafaring life are previously aware of that attendant hardship, and may there- . fore be regarded as having consented to the risk of under. going it. A fimilar argument may in some measure pere haps be extended to the case of landmen occasionally impressed. At any rate, however, this plea for the justice of impressing mariners is extremely defective. The occupaD 4
and to the monarch; and that in general the decisions are formed and the laws admini. stered with as great a degree of uprightness and wisdom as it is possible to expect in a human tribunal, are truths universally acknowledged. The appointment of judges of the supreme
tion of a seaman is often the allotment of friends and rela. tions during his childhood. And when choice takes place, it is frequently at a thoughtless age, and when the hazard of fervitude is not likely to be feriously weighed. It is not only the liberty of the sailor which suffers by the impress service; his property is equally exposed to injury, Time for beneficial labour is to him property. And, when on board a man of he incurs such a loss by the smallness of his wages compared with those which he might have gained in a merchant's service, as is by no means compensated by the chance of prize-money, or by any other advantages of his new situation. The practice in question, besides being chargeable with injustice, is like wise so repugnant to the spirit of freedom and of humanity, and so little congenial to the general principles of the British laws, that the nation must be inexcusable should it continue it on the mere ground of saving expence. By serie ous deliberations on the subject renewed from time to time, and by a careful review of the measures adopted in foreign countries to answer the same purpose, it would surely be possible to devise some plan for manning the navy, which would not be liable to such weighty objections, and would afford a satisfactory prospect of securing the public safety.
courts rewarded with ample falaries, and removable from their office only on the concurrent application of both Houses of Parliament; the admirable inftitution of juries; and the permiffion of new trials in a variety of cafes, are among the precautions by which the Conftitution has wifely endeavoured to secure this momentous object. Yet all its precautions might have been found ineffectual, had it not been for that publicity in judicial proceedings which is established in this country; a publicity which renders the conduct of each judge during the whole course of a trial, as well as his final decision, known not only to the parties concerned and their agents, but to all perfons whatever who have the curiosity to be present; and to the members of the legal profeffion who crowd round the tribunal, anxious to mark his behaviour and determination, and too discerning not to discover any material impropriety in either. This publicity is in effect rendered universal by means of the press, which in all cases of importance conveys a detailed account of judicial transactions to every quarter of the kingdom.
When the impartial administration of justice is ensured, the next requisite is the avoiding of unnecessary delay and expence. For the reasons which have been stated in the last paragraph, the publicity of our courts tends likewise to deter the judge from interposing needless, vexatious, and burthensome delays before he brings the cause to a conclusion. The Habeas Corpus Act and various other excellent provisions of law contribute to the fame general purpose. The speedy and cheap distribution of justice is also consulted in this kingdom by the appointment of local officers and magistrates empowered to decide, under due responsibility, causes of inferior moment; and by the half-yearly circuits of the judges to determine all matters of considerable importance. For the purpose of providing able and upright expounders of the laws, and ensuring equitable, wise, and concordant decisions throughout the community, it is highly expedient that there should be a few stationary courts of judicature invested with extensive jurisdiction, yet subjected to one supreme court of appeal. These courts are naturally fixed in the metropolis. The pressure of business of