"LIMITS OF THE RIGHT OF PUBLIC ASSEMBLY."

TO THE EDITOR OF THE SPECTATOR.

28th November 1843.

Sea—Permit me a few observations on this question, which you have re- cently made one of your subjects of consideration. Our probable difference in opinion Willnot, I ant persuaded, close your pages against me. Postulates are too frequently assumed as facts; and, whether carelessly or cunningly, the right of petitioning is confounded with the right of assembling to petition. The former is recognized in the Bill of Rights ; the latter is not to be found in that or in any other enactment.

It is an individual right; not a conohinate. To be a combinate right, it must be of the nation ; not of masses, however large. I shall be told, that the grant of a power includes the means of its exercise; as, if a field be conveyed to A, the right of way thereto is conveyed with it.

But if there be several means for the exercise of that power, it is not hindered by the prohibition of one or more of those means. If there be several way s to the field, the shutting all but one does not disturb its access. The people may not choose their own mode ; the grantee may not choose his own way.

The legality of petitioning has not established the legality of assembling. The illegality of assembling does not call in question the legality of petitioning.

The Bill of Rights does not recognize it in the subjects generally; but in the subject individually. And this he has various means of doing. He may prefer his own petition, or he may prefer a petition with others; or it may he announced in placards, and set in doorways and street-corners, (as was done in the matter of the Fac- tory Bill,) for the signature of passengers.

Means such as these involve no danger. If they did, and none others oc- curred less dangerous, the ultimate power must be resorted to for their pro- hibition.

During the session, by legislative measures; not permitting any factious per- version of Parliamentary usages for the sake of delay. In the vacation, by the Sovereign in Council; exercising the prerogative, rather the duty, conveyed in that primary charge-

- Cavendum est, se quid respublien detrimenti capita."

Moreover, assembling to petition may be illegal, where petitioning is the zeal and the sole purpose of the assemblers: not only because it is not es- sential to petitioning, but because it may generate confusion and tumult.

Still more, where petitioning is not the ultimate purpose, but the collateral pretence. This may be, though the petition be proposed, and adopted, and ordered for presentation.

Pretence does not necessarily imply nonexistence. In its obvious mean- ing, it is the putting forward a visible and tangible covering before a hidden purpose.

In this sense, the Irish Convention Act, 33 Geo. ILL was directed against as- semblies under the " pretence " of petitioning.

The Popish agitators of 1810 argued, that so long as a petition was actually put forward, there was not any pretence. Under this quibble, they paraded their physical strength, and made seditious harangues ; as do their worthy suc- cessors, the Repealers, in the present yet more perilous hour. For our Leaguers—a delicate euphonism for conspirators—in commerce or in religion, there is, I trust, an actual if not an express principle in the law, suffi- ciently strong to disable their mischief. If not in the ter scripta, or in the lex tradita, in the /ex u/time, whereto I have already made reference. They unto whom its safeguard is confided, would ill discharge their duty by admitting in proof of a criminal intent nothing short of its completion ; even though the Bill of Rights had given the sanction so brazenly asserted. For he who seeks to destroy the law's substance has no privilege, whether for his success or for his impunity, to invoke its forms. Upon the wisdom of the Government in suffering the attempt to go thus far, I offer no opinion. Many may wish it had been suffered a little farther, until some tangible treason should strangle it for ever. No matter: its con- spirators must either abscond with their plunder, or march onward to that consummation.

I rely on your candour for the insertion of my letter ; and have the honour