The latter
character, even when it is not in its extreme, will execute this
trust but very imperfectly; and, if deviating to the least excess,
will certainly frustrate instead of forwarding the purposes of a
control on Government. But when the House of Commons was to be new
modelled, this principle was not only to be changed, but reversed.
Whist any errors committed in support of power were left to the law,
with every advantage of favourable construction, of mitigation, and
finally of pardon; all excesses on the side of liberty, or in
pursuit of popular favour, or in defence of popular rights and
privileges, were not only to be punished by the rigour of the known
law, but by a DISCRETIONARY proceeding, which brought on THE LOSS OF
THE POPULAR OBJECT ITSELF. Popularity was to be rendered, if not
directly penal, at least highly dangerous. The favour of the people
might lead even to a disqualification of representing them. Their
odium might become, strained through the medium of two or three
constructions, the means of sitting as the trustee of all that was
dear to them. This is punishing the offence in the offending part.
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