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Burke did so, for Mr. Cruger, being “novorator as Brutus was,"contented himself with simply exclaiming, after his brilliant colleague had concluded “Gentlemen, I'say ditto to Mr. Burke."
The following is the speech which Burke delivered on this occasions Mr. Cruger had during the election said that the constituency had a right to expect their representative to vote according to their wishes on all ocs casions. On this subject Burke entertained a different view. The door trine of Burke has been sometimes disputed, for there are few subjects of a public nature less clearly defined than the extent of the right of constituents to exact obedience from their representatives..]
GENTLEMEN I cannot avoid sympathising strongly with the feelings of the gentleman who has received the same honour that you have conferred on me. If he, who was bred and passed his whole life amongst you; if he, who, through the easy gradations of acquaintance, friendship, and esteem, has obtained the honour, which seems of itself, naturally and almost insensibly, to meet with those, who, by the even tenor of pleasing manners and social virtues, slide into the love and confidence of their fellow-citizens—if he cannot speak but with great emotion on this subject, surrounded as he is on all sides with his old friends, you will have the goodness to excuse me, if my real,, unaffected embarrassment prevents me from expressing my gratitude to you as I ought.
I was brought hither under the disadvantage of being, unknown, even by sight, to any of you. No previous canvass, was made for
I was put in nomination after the poll was opened. I did not appear until it was far advanced. If, under all these accumulated disadvantages, your good opinion has carried me to this happy point of success; you will pardon me if I can only say to you collectively, as I said to you individually, simply and plainly, I thank you.I am obliged to you--I am not insensible of
kindness. This is all that I am able to say for the inestimable favour you have conferred upon me. But I cannot be satisfied without saying a little more in defence of the right you have to confer such a favour. The person that appeared here as counsel for the candidate, who so long and so earnestly solicited your votes, thinks proper to deny that a very great part of you have any votes to give. He fixes a standard period of time in his own imagination, not what the law defines, but merely what the convenience of his client suggests, by which he would cut off, at one stroke, all those freedoms, which are the dearest privileges of your corporations; which the common law authorizes ; which your magistrates are compelled to grant; which come duly authenticated into this court; and are saved in the clearest words, and with the most religious care and tenderness in that very act of parliament, which was made to regulate the elections by freemen, and to prevent all possible abuses in making them.
I do not intend to argue the matter here. My learned counsel has supported your cause with his usual ability; the worthy sheriffs have acted with their usual equity; and I have no doubt that the same equity, which dictates the return, will guide the final determination. I had the honour, in conjunction with many far wiser men, to contribute a very small assistance, but however some assistance, to the forming the judicature which is to try such questions. It would be unnatural in me to doubt the justice of that court, in the trial of my own cause, to which I have been so active to give jurisdiction over every
other. I assure the worthy freemen, and this corporation, that, if the gentleman perseveres in the intentions which his present warmth dictates to him, I will attend their cause with diligence, and I hope with effect. For, if I know anything of myself, it is not my own interest in it, but my full conviction, that induces me to tell you-I think there is not a shadow of doubt in the case.
I do not imagine that you find me rash in declaring myself, or very forward in troubling you. From the beginning to the end of the election, I have kept silence in all matters of discussion. I have never asked a question of a voter on the other side, or supported a doubtful vote on my own. I respected the abilities of my managers; I relied on the candour of the court. I think the worthy sheriffs will bear me witness, that I have never once made an attempt to impose upon their reason, to surprise their justice, or to ruffle their temper. I stood on the hustings (except when I gave my thanks to those who favoured me with their votes) less like a candidate, than an unconcerned spectator of a public proceeding. But here the face of thing is altered. Here is an attempt for a general massacre of suffrages; an attempt, by a promiscuous carnage of friends and foes, to exterminate above two thousand votes, inclnding seven hundred polled for the gentleman himself, who now com. plains, and who would destroy the friends whom he has obtained, only because he cannot obtain as many of them as he wishes.
How he will be permitted in another place, to stultify and disable himself, and to plead against his own acts, is another question. The law will decide it. I shall only speak of it as it concerns the propriety of public conduct in this city. I do not pretend to lay down
rules of decorum for other gentlemen. They are best judges of the mode of proceeding that will recommend them to the favour of their fellow-citizens. But I confess I should look rather awkward, if I had been the very first to produce the new copies of freedom, if I had persisted in producing them to the last; if I had ransacked, with the most unremitting industry, and the most penetrating research, the remotest corners of the kingdom to discover them; if I were then, all at once, to turn short, and declare, that I had been sporting all this while with the right of election; and that I had been drawing out a poll upon no sort of rational grounds, which disturbed the peace
fellow-citizens for a month together. I really, for my part, should appear awkward under such circumstances.
It would be still more awkward in me if I were gravely to look the sheriffs in the face, and to tell them, they were not to determine my cause on my own principles; nor to make the return upon those votes, upon which I had rested my election. Such would be my appearance to the court and magistrates.
But how should I appear to the voters themselves ? if I had gone round to the citizens entitled to freedom, and squeezed them by the hand—“Sir, I humbly beg your vote- I shall be eternally thankful
-may I hope for the honour of your support ?--Well !-come-we shall see you at the council-house.”—If I were then to deliver them to my managers, pack them into tallies, vote them off in court, and when I heard from the bar—"Such a one only !-and such a one for ever! he's my man!”—“Thank you, good Sir-Hah! my worthy friend ! thank you kindly—that's an honest fellow-how is your good family ?"--Whilst these words were hardly out of my mouth, if I should have wheeled round at once, and told them :“Get you gone, you pack of worthless fellows! you have no votes
-you are usurpers ! you are intruders on the rights of real freemen! I will have nothing to do with you! you ought never to have been produced at this election, and the sheriffs ought not to have admitted you to poll.”
Gentlemen, I should make a strange figure, if my conduct had been of this sort. I am not so old an acquaintance of yours as the worthy gentleman. Indeed I could not have ventured on such kind of freedoms with you. But I am bound, and I will endeavour, to have justice done to the rights of freemen; even though I should, at the same time, be obliged to vindicate the former part of my antagonist's conduct agairist his own present inclinations.
I owe myself, in all things, to all the freemen of this city. My particular friends have a demand on me that I should not deceive
their expectations. Never was cause or man supported with more constancy, more activity, more spirit. I have been supported with a zeal indeed and heartiness in my friends, which (if their object had been at all proportioned to their endeavours) could never be sufficiently commended. They supported me on the most liberal principles. They wished that the members for Bristol should be chosen for the city, and for their country at large, and not for themselves.
So far they are not disappointed. If I possess nothing else, I am sure I possess the temper that is fit for your service. I know nothing of Bristol, but by the favours I have received, and the virtues I have seen exerted in it.
I shall ever retain, what I now feel, the most perfect and grateful attachment to my friends and I have no enmities; no resentment. I never can consider fidelity to engagements, and constancy in friendships, but with the highest approbation; even when those noble qualities are employed against my own pretensions. The gentleman, who is not fortunate as I have been in this contest, enjoys in this respect a consolation full of honour both to himself and to his friends. They have certainly left nothing undone for his service.
As for the trifling petulance, which the rage of party stirs up in little minds, though it should show itself even in this court, it has not made the slightest impression on me. The highest flight of such clamorous birds is winged in an inferior region of the air. We hear them, and we look upon them, just as you, gentlemen, when you enjoy the serene air on your lofty rocks, look down upon the gulls, that skim the mud of your river, when it is exhausted of its tide.
I am sorry I cannot conclude without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by, at a time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject.
He tells you, that “the topic of instructions has occasioned much altercation and uneasiness in this city;" and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions.
Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion high respect; their business unremitted attention. It is his duty to sacri. fice his repose, his pleasures, his satisfactions, to theirs; and, above all, ever, and in all cases, to prefer their interest to his own. But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure ; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.
My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and, what sort of reason is that in which the determination precedes the discussion; in which one set of men deliberate and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments ?
To deliver an opinion is the right of all men; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience, these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.
Parliament is not a congress of ambassadors from different and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him he is not a member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far as any other from
any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life. A flatterer you do not wish for. On this point of instructions, however, I think it scarcely possible we ever can have any