must stand or fall by
its own merits; by the greatness of the emergency which has caused it,
and by its sufficiency for its end. For as no law, except such as
forbids moral crimes, is invariable, so even the dearest privileges of
each subject, being his for the common good, are liable to temporary
suspension for that common good. But the burden of justification lies on
those who propose that suspension.

Now, that this bill was such a suspension of the long-established rights
of the subject, and so far an overstepping of the principles of the
constitution, is admitted by the very fact of its framers only proposing
for it a temporary authority. Had it not invaded a valuable and real
right, it might have been made of perpetual obligation. But it is not
easy to see how it can be denied that the dangers against which it was
intended to guard were also real. It was certain that itinerant
demagogues were visiting districts with which they had no connection,
for the sole purpose of stirring up political agitation. It was clear
that such meetings as they convened, where those assembled could only be
counted by tens of thousands, were too large for deliberation, and were
only meant for intimidation; and equally clear that, though the existing
laws may have armed the magistrate with authority to disperse such
meetings, they did not furnish him with the means of doing so without at
least the risk of bloodshed (for such a risk must be involved in the act
of putting soldiers in motion), and still less did they invest him with
the desirable power of preventing such meetings. It was necessary,
therefore, to go back to the original principles and objects of every
constitution, the tranquillity, safety, and welfare of the nation at
large. And it does not appear that this bill went beyond what was
necessary for that object. Indeed, though party divisions are not always
trustworthy tests of the wisdom or propriety of a measure, the unusual
magnitude of the majorities by which on this occasion the minister was
supported in both Houses may fairly be regarded as a testimony to the
necessity of the bill,[180] while its sufficiency was proved by the
abandonment of all such meetings, and the general freedom from agitation
in every part Of the country which prevailed in the following year,
though its most remarkable incident was one of which demagogues might
well have taken advantage, if they had not had so convincing a proof of
the power of go