It has been urged, that the power of the House terminates with their feffion; fince a prifoner committed by the Speaker's warrant cannot be detained. during the recefs. That power indeed ceases with the feffion, which muft operate by the agency of others, because, when they do not fit, they can employ no agent, having no longer any legal existence; but that which is exercifed on themfelves revives at their meeting, when the fubject of that power still fubfifts. They can in the next feffion refuse to readmit him, whom in the former feffion they expelled.

That expulfion inferred exclufion, in the prefent cafe, muft be, I think, eafily admitted. The expulfion and the writ iffued for a new election were in the fame feffion, and fince the Houfe is by the rule of parliament bound for the feffion by a vote once paffed, the expelled member cannot be admitted. He that cannot be admitted, cannot be elected; and the votes given to a man ineligible being given in vain, the highest number for an eligible candidate becomes a majority.

To thefe conclufions, as to moft moral, and to all political pofitions, many objections may be made. The perpetual fubject of political difquifition is not abfolute, but comparative good. Of two fyftems. of government, or two laws relating to the fame fubject, neither will ever be fuch as theoretical nicety would defire, and therefore neither can eafily force its way against prejudice and obftinacy; each will have its excellencies and defects, and every man, with a little help from pride, may think his

own the best.

It seems to be the opinion of many, that expulfion is only a difmiffion of the representative to his conftituents, with fuch a teftimony against him as his fentence may comprife; and that if his conftituents, notwithstanding the cenfure of the House, thinking his cafe hard, his fault trifling, or his excellencies fuch as overbalance it, should again chufe him as ftill worthy of their truft, the House cannot refuse him, for his punishment has purged his fault, and the right of electors must not be violated.

This is plaufible but not cogent. It is a scheme of representation, which would make a specious appearance in a political romance, but cannot be brought into practice among us, who fee every day the towering head of fpeculation bow down unwillingly to groveling experiencé.

Governments formed by chance, and gradually improved by fuch expedients, as the fucceffive difcovery of their defects happened to fuggeft, are never to be tried by a regular theory. They are fabricks of diffimilar materials, raised by different architects, upon different plans. We must be content with them as they are; fhould we attempt to mend their disproportions, we might easily demolish, and difficultly rebuild them.

Laws are now made, and customs are established; these are our rules, and by them we must be guided.

It is uncontrovertibly certain, that the Commons never intended to leave electors the liberty of returning them an expelled member, for they always require one to be chofen in the room of him that is

expelled,

expelled, and I fee not with what propriety a man can be rechofen in his own room.

Expulfion, if this were its whole effect, might very often be defirable. Sedition, or obfcenity, might be no greater crimes in the opinion of other electors, than in that of the freeholders of Middlefex; and many a wretch, whom his colleagues fhould expel, might come back perfecuted into fame, and provoke with harder front a fecond expulfion.

Many of the reprefentatives of the people can hardly be faid to have been chofen at all. Some by inheriting a borough inherit a feat; and fome fit by the favour of others, whom perhaps they may gratify by the act which provoked the expulfion. Some are fafe by their popularity, and fome by their alliances. None would dread expulfion, if this doctrine were received, but thofe who bought their elections, and who would be obliged to buy them again at a higher price.

But as uncertainties are to be determined by things certain, and cuftoms to be explained, where it is poffible, by written law, the patriots have triumphed with a quotation from an act of the 4th and 5th of Anne, which permits thofe to be rechofen, whofe feats are vacated by the acceptance of a place of profit. This they wifely confider as an expulfion, and from the permiffion, in this case, of a re-election, infer that every other expulfion leaves the delinquent entitled to the fame indulgence. This is the paragraph:

"If any perfon, being chofen a member of the "House of Commons, fhall accept of any office " from the crown, during such time as he shall con"tinue a member, his election shall be, and is hereby. "declared to be void, and a new writ fhall iffue " for a new election, as if such person so accepting "was naturally dead. Nevertheless fuch perfon fhall " be capable of being again elected, as if his place had "not become void as aforefaid."

How this favours the doctrine of re-admiffion by a fecond choice, I am not able to difcover. The ftatute of 30 Ch. II. had enacted, That be who fbould fit in the House of Commons, without taking the caths and fubfcribing the teft, fhould be difabled to fit in the House during that Parliament, and a writ should iffue for the election of a new member, in place of the member fo difabled, as if fuch member had naturally

died.

This last clause is apparently copied in the act of Anne, but with the common fate of imitators. In the act of Charles, the political death continued during the parliament, in that of Anne it was hardly worth the while to kill the man whom the next breath was to revive. It is, however, apparent, that in the opinion of the parliament, the deaddoing lines would have kept him motionlefs, if he had not been recovered by a kind exception. A feat vacated, could not be regained without exprefs permiffion of the fame ftatute..

The right of being chofen again to a feat thus vacated, is not enjoyed by any general right, but required a special claufe, and folicitous provifion.

VOL. X.

C

But

But what refemblance can imagination conceive between one man vacating his feat, by a mark of favour from the crown, and another driven from it for fedition and obfcenity. The acceptance of a place contaminates no character; the crown that gives it, intends to give with it always dignity, fometimes authority. The commons, it is well known, think not worfe of themselves or others for their offices of profit; yet profit implies temptation, and may expofe a reprefentative to the fufpicion of his conftituents; though, if they ftill think him worthy of their confidence, they may again elect him.

Such is the confequence. When a man is difmiffed by law to his conftituents, with new truft and new dignity, they may, if they think him incorruptible, reftore him to his feat; what can follow, therefore, but that when the Houfe drives out a varlet with publick infamy, he goes away with the like permiffion to return.

If infatuation be, as the proverb tells us, the forerunner of deftruction, how near must be the ruin of a nation that can be incited against it's governors, by fophiftry like this. I may be excused if I catch the panick, and join my groans at this alarming crifis, with the general lamentation of weeping patriots.

Another objection is, that the Commons, by pronouncing the fentence of difqualification, make a law, and take upon themfelves the power of the whole legislature. Many quotations are then duced to prove that the Houfe of Commons can make no laws.

pro

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