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L H. J.
Liber No. 54
Nov. 30
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Infringement of the Constitution; that of the legislative, you are
but one of the component Parts; that a Right to determine the ffees
charged were excessive, implies the Right to settle the exact Com-
pensation due for the Services performed because, without the
Standard, what ffees are adequate, what are more or less than the
just Proportion, cannot be ascertained; that your rigorous Commit-
ment was bottomed on the Principle, that to you belongs the Author-
ity of punishing any Deviation from the Line of your Opinion; that
if a precise Rule had been regularly preordained by the Law, an
Offence against it ought to be prosecuted in a legal ordinary Judica-
tory; That a Prosecution and Punishment in a different Course,
are highly oppressive to the Subject affected thereby; that, in the
ordinary regular Administration of Justice, our Polity has applied
various excellent Precautions for the Protection of the Subject
against Injury, which would be lost if your House were suffered
to execute the Powers you had assumed; for in the ordinary legal
Course of Proceeding, the ffact is triable by Jury; the Party charged
is not bound to disclose what may expose him to Penalty; the Jury
are sworn, and, as far as the Impressions of Religion, and a Sense
of Justice can influence, a just and impartial Determination may
be expected. If there be reasonable Cause to suspect of Partiality
any called to serve on the Jury, a Right to challenge is conferred;
if the Jury corruptly render an injurious Verdict, they are liable to
Punishment; if mistaken, the Consequence of their Fallibility may
often be controuled by the Discernment of a second Jury; as the
Jury are punishable, so are the Witnesses if perjured: The Fact is
tried in one Way, the Law determined in another; as there are
Provisions to guard against the Injuries of corrupt and mistaken
Verdicts, so are there against the Oppression of partial and erroneous
Judgments. Judges are upon Oath to do equal Right and Justice to
all Persons; they are punishable for Corruption; their Decisions are
not conclusive in the first Instance, but are subject to Revision, for
which important Purpose a Gradation of Jurisdiction is appointed;
the Party is not liable to be harrassed by a second Prosecution for
the same Matter. As these Guards and Securities are of such ad-
mirable Efficacy in Protecting the Property, Reputation and per-
sonal Liberty of the Subject, and to which every Subject (whether
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p. 293
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in or out of Office) is as well entituled as any, so ought they to be
zealously and firmly maintained, and if the Measure proper for
their Defence should occasionally suspend the Transaction of other
Affairs for a much longer Term than for a Day or Two, the com-
paratively insignificant Interruption would not deserve a Moment's
Deliberation; that these Guards and Securities, so essential to the
Stability of Property, and the personable Liberty of the People, upon
which so great and invaluable Interests depend, would become pre-
carious indeed, if through the Acquiescence or Inattention of Gov-
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