The clause
in the act which conferred the power had been originally framed by Lord
Somers, a statesman certainly as little open as any of his time to the
suspicion of desiring to encroach on the rightful liberty of the
subject; and it had been exercised from time to time in every reign
since the Revolution. It was a power intrusted to the Secretaries of
State for the public safety, and exercised by them on their own
responsibility. The practice and its justification were assailed in both
Houses of Parliament by members of the extreme Liberal party; but,
though no distinct motion on the subject was made, the general feeling
of both Houses was plainly evinced, that it was a power which might at
times be highly useful for the prevention of crime, or for the
hinderance of conspiracies which might be dangerous to the general
welfare and tranquillity, and that the constitutional responsibility
attaching to every minister for every official act was a sufficient
security against its being improperly used.[264]
And it will, probably, be generally admitted that this was the
statesman-like view of the subject. There is no doubt that the practice
in question does infringe the great constitutional right of every
individual in these kingdoms to absolute freedom of communication with
his friends.
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