imperfect ftate it would be the worst way of trial upon earth. But it may be faid there are above an hundred thousand Canadians qualified to ferve upon juries; why not take your juries from them ? Because your Lordship will hardly truft the property of your countrymen to a jury of Canadians only. But the juries may be mixed,-in what proportion? If you take an equal number of English and of Canadians, how are they to decide at all? Or take an unequal number, and decide by the vote (as in courts martial) then if the majority of the jury be Canadians, the verdict will be the fame as if the whole was Canadian, or if you throw the majority on the fide of the Englifh, where is the impartiality, on which the Canadian can depend?

Befides, the civil law of France, and the trial by jury in Eng-. land, are fo diffonant, that the forms of one can never be blended into proceedings of the other; the rules in respect of tenures, and alienations, dowers, and inheritances are quite different ;-how could the law go on in the two different languages? If the Canadian should have a cause to try, how can his advocate prepare the procefs for an English jury? Or if he goes to an English attorney, how is the lat ter to fettle a proceeding according to the laws of Paris?

• But in criminal law the cafe is different; for to the fact of guilt or innocence, one man is as competent as another; and in our own courts, it is the actual practice, where a foreigner is to be tried, to have a jury de medietate lingue, one half English, one half foreigners. 'I mean not, my Lord, a general defence of the criminal laws of England, as they are of late years multiplied and extended. For if a moiety of thofe who are condemned were to fuffer death, their blood would cry out for vengeance; and I am perfuaded, that THE FREQUENCY OF PARDONS, even where mercy is due, gives rife to nine in ten of the thefts and robberies that are committed. But the French law of torture to procure confeffion, is to us unknown. On the contrary, the accufed perfon is, or ought to be, warned from inMuring himself by his own confeffion. It is but modern law that any man could be convicted on his own confeffion, and even now con feffions ought not to be admitted without the greatest caution.'

The obligation of conforming a government to the apprehenfions of the people who are to be governed, is enforced to conviction in the following paffage :

In the course of all the evidence that has been laid before the Public, we find that the Canadians have expreffed one conftant uniform with to be governed by their own laws, and that the English have as fervently defired to be governed by the laws of England. The Canadians are above 100,000, the English not more than 2000 men, women, and children. The legislature was therefore to confider whether the law and government ought to be adapted to the many or to the few.

There can be no rule for the compofing of laws, but the fentiments and inclinations of those who are to be governed by them. 'In a state of nature, liberty knows no bound but that of fuperior force.

Jura inventa metu injufti," and that portion of liberty which each man is willing to give up for the convenience, fafety, and protection of individuals, of families, of focieties, and of ftates, is the

first principle of law. It is true, the multitude do not compofe the form, but it must be framed to correfpond with their genius and temper, fo that their understandings may be prepared to meet, and their hearts ready to embrace it. The habits, cuftoms, and manners of a people, are the mirror in which alone their general difpofition may be feen; even regard must be had to their prejudices and their weakness; for law must be enacted (as Grotius has expreffed it) cum fenfu humanæ imbecillitatis." When Solon was complimented on having given good laws to his countrymen, his reply was, "They are only fuch as the Athenians are capable of receiving.' Even the law of God, as propofed by Mofes, was fubmitted to the judgment of the people before it was adopted by them.

66

But if thefe rules are indifpenfable in the formation, they apply much more forcibly to the actual establishment of law. If nothing but violence can impofe law, it would be still greater tyranny to rob a nation of that law which they approve upon experience, and which is endeared by habit. Allowing then that the Canadians prefer a worfe law to a better, even that bad choice is decifive upon the conduct of Great Britain. They yielded themfelves up to our protection and our faith. How then can we deprive them of the first rights of human nature ?'

But as religion has unhappily too often been converted into a ftalking horfe in this country, and it is a better compliment to the heart than to the head of John Bull, that it has proved fo fuccefsful a fcreen, the noble Author proceeds to answer the objections which have been brought against the bill, in this refpect: and his answer is, by many, confidered as completely decifive of the question: but we have not room to extract it. We shall conclude with a caution to the good people of England, viz. that they would duly reflect on the old fable of the fhepherd's dog, who amufed himself fo often by raifing alarms" that the wolf was coming," that no one believed his report, when the wolf actually came.

Art. 15. The Speech of a Scots Weaver: Dedicated to Richard Glover, Efq. 8vo. 1 s. 6 d. Nicoll. 1774.

The decline of the linen trade in Scotland is a known fact, and it might be thought from the chain of connexion between cause and effect, that the acting caufe of an alteration in demand for any object of commerce, could not lie too deep for invefligation. We have, however, very different reafons given for the bad ftate of the linen manufacture, by Mr. Glover, and by this anonymous Weaver; and however tenacious both writers may be of their respective opinions, yet as they are able reafoners, there is the ftronger inducement to believe fome truths are urged on each fide.

Mr. Glover found this difafter to originate in banking and projects; which is denied by the Weaver, who afferts that the decay of the linen trade began prior even to the inflitution of the Air bank: admitting, nevertheless, that the floppage of that bank produced great diftrefs in Scotland; yet infifting from thefe bad affairs, all England cannot afcertain a lofs of 10,cool. by Scotland.'

See Rev. June laft, p. 487.

Leaving

Leaving then the operation of the Scots banks to the judgment of the Public, we will attend to the Weaver's account of the distress of the linen trade. • Great Britain, fays he, pays in grofs, about twelve millions yearly, in taxes; or, about fifty fhillings yearly, for every living soul in the inland. Ireland is alfo greatly taxed. She maintains an army and civil establishment, more expensive than any nation in Europe, in proportion to the numbers of her people. Germany, after profiting by the millions spent by Great Britain in the late war, enjoys perfect tranquillity. Though articles of luxury, in fome diftricts, and the foil itfelf, be taxed, the fubfiftence of the labourer is no where taxed. He can live and fupport his family for fix-pence per day, over all Germany; in Great Britain and Ireland, he can barely do it for nine-pence per day. It will appear a paradox, but it is nevertheless true, that this circumftance confidered, labour and manufactures are cheaper in Britain than in any other European country. The fuperior capitals, the skill of our people, and the invention of machinery, has, in fome degree, compenfated for our heavy taxes in all our manufactures; and in those where machinery can be employed to the greatest advantage, they fully make up for the dearness of labour. Unhappily, Sir, the linen manufacture either admits lefs of this than the hardware; or at least, has been less the subject of invention. So far however seems certain, that deducting taxes, our labour is as cheap, as in any other European nation."

The Author proceeds farther to explain the disadvantage the linen trade labours under; as follows:

How comes it that the woollen and hardware manufactures go on fuccessfully, both which must be equally affected by our taxes, whilst the linen manufacturers are teizing the legislature, year after year, for bounties on their own linens, and duties on foreign linens The answer is obvious.-The two first enjoy a complete monopoly, both of the home confumption and the exportation to America.-Let the fame experiment be tried with the linen, for seven years, and there will be found no occafion for bounties.-Parliament will be no more troubled with applications. This fingle measure would, in an instan, raise the linen trade to a magnitude and importance equal, perhaps fuperior, to the woollen manufacture, great and important as that now is. If there be, therefore, no means of employing our people in other branches of business, and if the linen manufacture cannot employ them without parliamentary protection; they must either receive that fupport, which will enable them to fubfift in Britain; or they muft and will emigrate.'

As it is impoffible to attend to every thing the Scots Weaver alleges in fupport of his opinion, we shall produce his propofal for a remedy.

The question now, Sir, is, what natural and proper remedy can be applied to this disorder ?-Bounties have been propofed.—I confefs, feveral difficulties occur to this plan.-First, bounties, as hitherto given, go only to exportation; whereas, we shall fhew hereafter, tr.at the first and natural object of every country fhould be to fupply the demand at home.-Secondly, bounties are the mother of

taxes.

taxes.

You can only give encouragement in this way, by first impofing a tax to pay it, which tends to the increase of wages, and confequently, to raise the price of manufacturing labour.-Thirdly, the bounty is only giving money to America, by felling linens fo much cheaper than they could otherwife get them: it is, therefore, an abfurd policy; as it is fupplying them with the produce of British taxes, in the price of linens, at the very time that it is found neceffary to tax them for the support of government.-I will therefore lay afide this plan entirely, and beg leave, in anfwer to the queftion, to fay, that the natural and proper remedy is this-Lay on fuch a duty upon foreign linens as will enable thofe of the British and Irish manufacture to find a preference in our home confumption; and when the foreign linen, fhall, by this means, be entirely excluded from fale here, and the quantity of our own increased so much as to enable us to participate in the exportation trade; then lay on fuch duties upon the foreign linens fhipped from hence for foreign parts, as will fecure our linen a preference; and finally, when our quantity equals both the home and foreign demand, prohibit all German and other foreign linens whatsoever.'

He then confiders fome objections to this regulation, which occur in Mr. Glover's fpeech; but these would lead us too far: we must therefore refer the Reader who wishes to confider the subject miButely, to the pamphlet.

One particular indeed we cannot overlook, as he advances a pofition against Mr. Glover, that we must confefs ourselves unable to reconcile with our notions of commerce.

It has, he obferves, been faid that we ought not to encourage manufactures for internal trade. "Traffic between fubject and subjec cannot be productive of any national wealth; and it is only by exporting produce and manufactures that wealth is received." From what fchool Mr. Glover has learnt this doctrine, I will not pretend to conjecture; for the honour of Scotland, I hope, it was not there; I will prefume it to be a fpecimen of his "common fenfe," which that country is fo totally devoid of; may they ever remain fo!-In that country the opinion is, that the foreign trade of this and of every great nation is trifling, both in point of extent and advantage to the state and the individual, when compared with its internal trade.

Great Britain contains above five millions of people: thefe people fubfift at an expence of, at leaft, eight pounds per head. Here is then an internal trade of at least forty millions yearly. But how does this enrich ?—I answer, the riches of a country confift in the riches of the individuals in that country; and if these will increafe without foreign trade, the country will grow richer.'

Nothing that follows tends to establish this principle. Some individuals may indeed grow rich at the expence of other individuals, according as property may fluctuate; but if the collective stock of money in the nation, receives no increase, how can the country grow richer? Industry and circulation may be promoted to a certain degree; and fo far a nation may be conceived to grow rich in products of its own raifing: but when internal trade has once arrived to the pitch of fully fupplying internal confumption, the colle&ive stock of

riches

riches will then be at a stand; nor can any acceffion of wealth accrue, unlefs a furplus of commodities is raised and exported, to draw hone riches from foreign parts.

This principle however has no great relation to the main object of the pamphlet: and fo far from deciding pofitively between Mr. Glover and the Weaver, it appears more than probable that to conceive the whole truth, we must attend, with due caution, to both their reprefentations.

Art. 16. A Letter humbly fubmitted to the Perufal and Confideration of the Electors and People of England. By a Gentleman. 8vo. 1 s. Baldwin.

1774.

This gentleman exhorts us with great earnestness to prevent the ruin of the nation, by Itemming the torrent of corruption; and even Aatters himself with the expectation of feeing his exhortations take effect. If, fays he, there is fufficient virtue remaining in us, and I trust there is, to withstand every temptation that may be offered to bias our inclinations; and to explore and avoid every art and fnare that may be laid by the basest slaves at the ensuing election, to lure us to our ruin in fhort, if we elect a free and virtuous parliament, we fhall foon difcover the good effects arifing from our choice; in the place of our prefent grievances and oppreffions, from the wisdom and rectitude of their fanctions, concord will appear, brooding peace and prosperity on the happy land. Such a parliament will not multiply taxes wantonly, nor keep up thofe unneceffarily, which necef fity has impofed before. Such a parliament will not fuffer the na tional debts to increase and continue by all forts of political and other profufions. Such a parliament will give eafe and encouragement to our manufactures at home, will affilt and protect our trade abroad, will improve and keep in heart the national colonies, like fo many farms of their mother country. Then will joy appear fitting in every face, content in every heart; we fhall then find no occafion to be alarmed or difturbed; whilft we are employed bufily improving our private property and public ftock, fleets will cover the ocean, bringing home wealth by the returns of induftry, carrying affiftance or terror abroad, by the direction of wisdom, and afferting triumphantly the right and honour of Great Britain as far as the waters roll, and as the winds can waft them.'

This is quite poetical; but if this gentleman can bring himself to think that either candidates or electors, will have grace enough to reform their practices at mere perfuafion, he will be wofully mistaken. Nothing less than the coercion of penal laws will keep even legiflators themselves within the line of their public duty; and we have these laws, though we have not virtue enough to enforce them as we ought to do. How much they really are regarded, will appear when we confider that fome of the moft ftrenuous declaimers against cor ruption, procure their reprefentative character by the practice of it. If therefore our Author, instead of recommending affociations for the purpose of supporting gentlemen of virtue, honour, and integrity,' could ablish two or three focieties in different boroughs, for the purpose of pursuing, to the utmost exaction of the penalties, thofe candidates who corrupt electors, he would do more toward checking the

evil,