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- -. anconftitutionality of imprifonment for debt, either by the At-
torney General, whofe duty I fufpett it is to reply to me, or by
the Judge of the court in fumming up the evidence, whofe inte-
reft requires fome exertion, I think it neceflary to add.a few — .
words on another fubject, connected with the-prefent, in order |
that you may not be mifled in determining upon the legality of. -
civil imprifonment. J. apprehend it will be afferted here, be-
caufe I know it has been afferted elfewhere, that the practice of
ae ' civil imprifonment is legalized by acts of parliament and the
~ ou ._. prattice of the courts of judicature. “There may be atts of par- -
-. » ‘Hiament which feem to authorize fuch a procedure, but I have
- not yet difcovered them, either exprefs or implied ; but ifthere - |
{> me were fuch atts, they are not to be confidered as binding, if they .
are contrary to Magna Charta. bok oy ne
Gentlemen may be aftonifhed to hear this Janguage; but I
conjecture that upon examination, they will incline, to agree
withme =... 7 te gw .
: > . It is buta few years fince this country relted from-an expen-
fq. five and bloody conteft with her quondam Colonies, which fhe
-- ° had been engaged in, by a weak and injudicious adminiftration,
in order to fupport the fupremacy of the Britifh Parliament ;
and the principle of that war was applauded by moft of the .
addreffers, in every quarter of the nation.—It is but to-day thar
like addreffes are pouring in from all fides, applauding the
Britith Conftitution—from: this verfatility and contrariety of
_ - opinion, there feems to arife adelicate dilemma—either the Britith
~' Parliament are not omnipotent, as contended at. the expence of
- _ °° *- one hundred and thirty millions of money, and the lives of one
’ _ * >. “hundred thoufaod mea ; or the boafted Britifh Conftitution does
“s+” not exift: If the power of Parliament is fupreme, it may infringe, an
abridge and deftroy, every right which the people of England 7 oy
claim as conftitutional.—Or if the conftitutional rights, fecured fe
- » ‘by Magna Charta, cannot be changed by Aé& of Parliament,
then is not your Parliament fupreme, and every act which —
“militates againft. thofe rights is null and void.—The Court
may take its choice of. thefe alternatives, either infift upon the
fupremacy of, Parliament, to deftroy a conftitutional right
‘ derived under Magna Charta, and thereby legalize imprifon- SE
ment for debt—or admit ‘the rights of the people, as recognized eens ©
in that Great Charter, and condemn the folly of Parliament as y 3
exprefled in the reafons which induced the difmemberment of - :
to. _ the Empire, and-the lofs of territory in every quarter-of the~ JE
hyo. globe.—While this happy and glorious conftitution of yours ok
is a fubje& claiming the admiration of thofe who are paid for ¢
fupporting it, its non-exercife is to me, and all thofe confined by oa (
the arbitrary difcretion of: courts of juftice and‘ wardens of oO
jails, a moft ferious and unbearable oppreffion. ° . | / oo
*."* * J mean now to proceed into an examination of the prefent ne
profecution; in which I. fhall_offer fome reafons for at leat ° é
Sa D2 | doubting ~
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