Arsonist: The Most Dangerous Man in America

by Nathan Allen

  The wiser and more virtuous states, have always provided that the representation of the people should be numerous. Nothing but life and liberty are naturally hereditable: this has never been considered by those, who have tamely given up both into the hands of a tyrannical Oligarchy or despotic Monarchy.

  The analogy between the natural, or material, as it is called, and the moral world is very obvious; God himself appears to us at some times to cause the intervention or combination of a number of simple principles, tho’ never when one will answer the end; gravitation and attraction have place in the revolution of the planets, because the one would fix them to a centre, and the other would carry them off indefinitely; so in the moral world, the first simple principle is equality and the power of the whole. This will answer in small numbers; so will a tolerably virtuous Oligarchy or a Monarchy. But when the society grows in bulk, none of them will answer well singly, and none worse than absolute monarchy. It becomes necessary therefore as numbers increase, to have those several powers properly combined; so as from the whole to produce that harmony of government so often talked of and wished for, but too seldom found in ancient or modern states. The grand political problem in all ages has been to invent the best combination or distribution of the supreme powers of legislation and execution. Those states have ever made the greatest figure, and have been most durable, in which those powers have not only been separated from each other, but placed each in more hands than one, or a few. The Romans are the most shining example; but they never had a balance between the senate and the people, and the want of this, is generally agreed by the few who know any thing of the matter, to have been the cause of their fall. The British constitution in theory and in the present administration of it, in general comes nearest the idea of perfection, of any that has been reduced to practice; and if the principles of it are adhered to, it will according to the infallible prediction of Harrington, always keep the Britons uppermost in Europe, ‘tis their only rival nation shall either embrace that perfect model of a common wealth given us by that author, or come as near it as Great Britain is. Then indeed and not till then, will that rival & our nation either be eternal confederates, or contend in greater earnest than they have ever yet done, till one of them shall sink under the power of the other, and rise no more.

  Great Britain has at present, most evidently the advantage, and such opportunities of honest wealth and grandeur, as perhaps no state ever had before, at least not since the days of Julius Caesar, the destroyer of the roman glory and grandeur; at a time when but for him and his adherents both might have been rendered immortal.

  We have said that the form and mode of government is to be settled by compact, as it was rightfully done by the convention after the abdication of James II, and assented to by the first representative of the nation chosen afterwards, and by every parliament, and by almost every man ever since, but the bigots, to the indefeasible power of tyrants civil and ecclesiastic. There was neither time for, nor occasion to call the whole people together: If they had not liked the proceedings it was in their power to controul them; as it would be should the supreme legislative or executive powers ever again attempt to enslave them. The people will bear a great deal, before they will even murmur against their rulers: But when once they are thoroughly roused and in earnest, against those who would be glad to enslave them, their power is irrestible.

  At the abdication of King James, every step was taken that natural justice and equity could require; and all was done that was possible at least in the wretched state in which he left the nation. Those very noble and worthy patriots, the lords spiritual and temporal of that day, and the principal persons of the commons, advised the prince, who in consequence thereof caused letters to be “written to the lords spiritual and temporal, being protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing such persons to represent them as were of right to be sent to parliament, to meet at Westminster upon the 22d of January 1688, in order to such an establishment, as that their religion, laws and liberties, might not again be in danger of being subverted.’ See W & M. sess. 1. C. 1.

  Upon this elections were made, and thereupon the said lord spiritual and temporal and commons met, and proceeded to assert their rights and liberties, and to the election of the Prince and Princess of Orange to be King and Queen of England, France and Ireland, and the dominions thereto belonging. The kingdom of Scotland agreed in the same choice: These proceedings were drawn into the form of acts of parliament, and are the basis of the acts of union and succession since made, and which all together are the sure foundation of that indisputable right which his present Majesty has to the Crown of Great Britain and the dominions thereto belonging; which right ‘tis the greatest folly to doubt of, as well as the blackest treason to deny. The present establishment founded on the law of God, and of nature, was began by the convention, with a professed and real view, in all parts of the British empire, to put the liberties of the people out of the reach of arbitrary power in all times to come. But the grandeur, as well as justice, equity and goodness of the proceedings of the nation on that memorable occasion, never have been nor can be so well represented as in the words of those great men who composed the convention; for which reason partly, but principally because they shew the rights of all British subjects, both at home and abroad, and should therefore be in as many hands as possible, I have transcribed the following clauses.

  1 Wm. & M. sess. 1. Chap. 1 preamble & sec l – entitled –

  “An act for removing and preventing all questions and disputes concerning the assembling and sitting of this present parliament.

  For preventing all doubts and scruples which may in any wise arise concerning the meeting, fitting and proceeding of this present parliament; be it declared and enacted by the King’s and Queen’s most excellent Majesty’s, by and with the advice and consent of the lords spiritual and temporal, and commons, now assembled, and by authority of the same:

  IIdly. That the lords spiritual and temporal, and commons, convened at Westminster, the two and twentieth day of January A. D. 1688, and there sitting the 13th of February following, are the two houses of parliament, and so shall be and are hereby declared, enacted and adjudged to be, to all intents, constructions, and purposes whatsoever, notwithstanding any want of writ or writs of summons, or any other defect of form or default whatsoever, as if they had been summoned according to the usual form.

  1 of W. & M. sess. 2. Chap. 2. sec. 3,4, 5, 6, 11, 12.

  An act declaring the rights and liberties of the subject, and settling the succession of the Crown.

  Whereas the lords spiritual and temporal, and commons, assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the 13th of February A. D. 1688, present unto their Majesties, then called and known by the names and stile of William and Mary, Prince and Princess of Orange, being present in their proper persons, a certain declaration in writing, made by the said lords and commons in the words following; viz.

  Whereas the late King James the second, by the assistance of divers evil councellors, judges, and ministers employed by him, did endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom.

  1. By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of parliament.

  2. By committing and prosecuting divers worthy prelates, for humbly petitioning to be excused from concuring to the said assumed power.

  3. By issuing and causing to be executed a commission under the great seal for erecting a court called, The court of commissioners for ecclesiastical causes.

  4. By levying money for and to the use of the crown, by pretence of prerogative, for other time, and in other manner, than the same was granted by parliament.

  5. By raising and keeping a standing army within this kingdom in time of peace, without the consent of parliament, and
quartering soldiers contrary to law.

  6. By causing several good subjects, being protestants, to be disarmed, at the same time when papists were both armed and employed, contrary to law.

  7. By violating the freedom of election of members to serve in parliament.

  8. By prosecutions in the court of king’s bench, for matters and causes cognizable only in parliament; and by divers other arbitrary and illegal courses.

  9. And whereas of late years, partial, corrupt and unqualified persons, have been returned and served on juries in trials, and particularly divers jurors in trials for high treason, which were not freeholders.

  10. And bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects.

  11. And excessive fines have been imposed; and illegal and cruel punishments inflicted.

  12. And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.

  All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm – .

  And whereas the said late King James the second having abdicated the Government, and the throne being thereby vacant, his highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords spiritual and temporal, and divers principal persons of the commons) cause letters to be written to the lords spiritual and temporal, being protestants, and other letters to the several counties, cities, universities, boroughs, and cinque-ports, for the choosing of such persons to represent them, as were of right to be sent to parliament, to meet and sit at Westminster upon the two and twentieth of January in this year 1688, in order to such an establishment, as that their religion, laws and liberties might not again be in danger of being subverted. Upon which letters, elections having been accordingly made:

  And thereupon the said lords spiritual and temporal and commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid; do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties, declare,

  1. That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.

  2. That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.

  3. That the commission for creating the late court of commissioners for ecclesiastical causes, and all other commissions and courts of like nature, are illegal and pernicious.

  4. That levying money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in other manner, than the same is or shall be granted, is illegal.

  5. That it is the right of the subjects to petition the King; and all commitments and prosecutions for such petitioning are illegal.

  6. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.

  7. That the subjects which are protestants, may have arms for their defence, suitable to their conditions, and as allowed by law.

  8. That election of members of parliament ought to be free.

  9. That the freedom of speech, and debates, or proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament.

  10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

  11. That jurors ought to be duly impannelled and returned; and jurors which pass upon mens trials for high treason, ought to be freeholders.

  12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.

  13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, parliaments ought to be held frequently.

  And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings, or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example:

  To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full redress and remedy therein – .

  Having therefore an entire confidence, that his said Highness the Prince of Orange, will perfect the deliverance so far advanced by him, and will still preserve them, from the violation of their rights, which they have here asserted and from all attempts upon their religion, rights and liberties.

  III. The said Lords spiritual and temporal, and commons assembled at Westminster, do resolve that William & Mary Prince and Princess of Orange be, and be declared, King and Queen of England, France and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said Prince and Princess, during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by the said Prince of Orange, in the names of the said prince and princess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said princess; and for default of such issue, to the princess Anne of Denmark, and the heirs of her body; and for default of such issue, to the heirs of the body of the said prince of Orange. And the Lords spiritual and temporal, and commons, do pray the said prince and princess to accept the same accordingly.

  IV. Upon which their said Majesties did accept the crown and royal dignity of the kingdom of England, France and Ireland and the dominions thereunto belonging, according to the resolutions and desire of the said lords and commons, contained in the said declaration.

  V. And thereupon their Majesties were pleased, that the said Lords spiritual and temporal, and commons, being the two houses of parliament, should continue to sit, and with their Majesties royal concurrence, make effectual provision for the settlement of the religion, laws and liberties of this kingdom; so that the same for the future might not be in danger again of being subverted; to which the said lords spiritual and temporal, and commons, did agree and proceed to act accordingly.

  VI. Now in pursuance of the premises, the said lords spiritual and temporal and commons, in parliament assembled, for the ratifying, confirming and establishing the said declaration, and the articles, clauses, matters and things therein contained, by the force of a law made in due form by authority of parliament, do pray that it may be declared and enacted. That all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be: and that all and every the particulars aforesaid, shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.

  XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, declared, enacted, and established accordingly.

  XII. And be it further declared and enacted by the authority aforesaid, that from and after this present session of parliament, no dispensation b
y non obstante of or to any statute or any part thereof, shall be allowed; but that the same shall be held void and of no effect, except a dispensation be allowed in such statutes, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of parliament.

  12 & 13 of William 3d, Chap. 2. sec. 3 & 4.

  “Whereas it is necessary that further provision be made for securing our religion, laws and liberties, after the death of his Majesty and the Princess Anne of Denmark, and in default of issue of the body of the said Princess, and of his Majesty respectively; it is enacted,

  That after the said limitation shall take effect, judges commissions be made quandiu se bene gesserint, and their salaries ascertained and established; but upon the address of both houses parliament, it may be lawful to remove them:

  That no pardon under the great seal of England be pleaded to an impeachment by the commons in parliament.

  Whereas the laws of England are the birth-right of the people thereof, and all the Kings and Queens, who shall ascend the throne of this realm, ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them according to the same; all the laws and statutes of this realm for securing the established religion, and the rights and liberties of the people, and all other laws and statutes now in force, are by his Majesty with the advice and consent of the lords spiritual and temporal, and commons, ratified and confirmed.”

  I shall close this introduction with a passage from Mr. Locke.

  “Tho’, says he, in a constituted common wealth, standing upon its own basis, and acting according to its own nature, that is, acting for the preservation of the community, there can be but one supreme power which is the legislative, to which all the rest are and must be subordinate; yet the legislative being only a fiduciary power, to act for certain ends, there remains still, “in the people, a supreme power to remove, or alter, the legislative when they find the legislative act contrary to the trust reposed in them.” For all power given, with trust for the attaining an end, being limited by that end, whenever that end is manifestly neglected, or opposed, the trust must necessarily be forfeited, and the power devolve into the hands of those who gave it, who may place it anew where they shall think best, for their safety and security. And thus the community perpetually retains a supreme power of saving themselves from the attempts and designs of any body, even of their legislators whenever they shall be so foolish, or so wicked, as to lay and carryon designs against the liberties and properties of the subject. For no man or society of men having a power to deliver up their preservation or consequently the means of it to the absolute wil1 and arbitrary dominion of another; whenever anyone shall go about to bring them into such a slavish condition, they win always have a right to preserve what they have not a power to part with; and to rid themselves of those who invade this fundamental, sacred and unalterable law of self preservation, for which they entered into society.