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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"

" They protested, too, against inflicting on words, whether
written or spoken, penalties which had hitherto been confined to overt
acts. And the clauses conferring power on magistrates to prevent or
disperse public meetings encountered still more vehement opposition; Fox
insisting, with great eloquence, that "public meetings for the
discussion of public subjects were not only lawful, but agreeable to the
very essence of the constitution; that, indeed, to them, under that
constitution, most of the liberties which Englishmen now enjoyed were
particularly owing." The people, he maintained, had a right to discuss
their grievances. "They had an inalienable right to complain by
petition, and to remonstrate to either House of Parliament, or to the
King; and to make two magistrates, who might be strong partisans,
irresponsible judges whether anything said or done at a meeting had a
tendency to encourage sedition, was to say that a free constitution was
no longer suitable to us." Pitt justified these measures, partly on the
ground of the special and unprecedented danger of the times, as proved
by the late attempt on the King's life, and partly by the open avowal of
republican doctrines made at the meetings of different societies;
partly, also, on the temporary character of the measures, since in each
bill a period was fixed after which its operation should expire.


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