1065 
and he respects that of others, as 
the best mode of ensuring respect for 
his own. Ii once the people respect 
the government, and the subordi- 
nation established by law, they re- 
gulate their conduct by it, they 
grow attached to the institutions of 
their country, and defend them 
with spirit; because in so doing, 
they are convinced that they are 
defending themselves. So clear is 
it that freedom and cheerfulness are 
greater enemies of disorder than 
subjection and melancholy, 
“Let me not, however, be sus- 
pected of considering a magistracy 
or police, appointed to preserve the 
public peace, as in itself either use- 
less or oppressive. On the contrary, 
it is my firm persuasion, that with- 
out such an institution, without its 
unremitting vigilance, neither tran- 
quillity nor subordination can be 
preserved. I am well aware that 
license hovers on the very con- 
fines of liberty, and that some re. 
straint must be devised to keep-in 
those who would pass the limits. 
This is indeed the most delicate point 
in civil jurisprudence ; and it is this, 
that so many injudicious magistrates 
mistake, by confounding vigilance 
with oppression. Hence, at every 
festwal, at every public diversion, 
or harmless amusement, they ob- 
trude upon the people the insignia 
of magistracy and power. To judge 
by appearances, one should suppose 
that their aim was to build their 
authority on thefears of thesubject, 
and to purchase their own conveni- 
ence at the expence of the freedom 
and pleasure of the public. In 
every other view, such precautions 
are idle. For the people never 
divert themselves without complete 
exemption from restraint in their 
diversions. Freedom is scared away 
ANNUAL REGISTER, 1806. 
by watchmen and patroles, consta- 
bles and soldiers; and at the sight 
of staves and bayonets, harmless and 
timorous mirth takes the alarm, and 
disappears. ‘This is surely not the 
method of accomplishing the pure 
poses for which magistracy was 
established ; whose vigilance, if I 
may be permitted so awful a com- 
parison, should resemble that of the 
Supreme Being, should be perpetual 
and certain, butinvisible; should be 
acknowledged by every body, but 
Seen by nobody; should watch li- 
cense, in order to repress it, and 
liberty, in order to protect it. In 
one word, it should operate as a re- 
straint on the bad, as a shield and 
protection to the good. The awful 
insignia of justice are otherwise the 
mere symbols of oppression and ty- 
ranny; and the police, in direct 
opposition to the views of its in- 
stitution, only vexes and molests 
the persons whom it is bound to 
shelter, comfort, and protect. 
‘¢ Such are my ideas upon popular 
diversions. There is neither pro- 
vince nor district, town nor village, 
but has particular usages in its a. 
musements, practised either habitu- 
ally, or at particular periods of the 
year; various exercises of strength, 
jor instance, or feats of agility ; 
balls too, and junketings, walks, 
holidays, disguises, maskings, and 
mummeries. Whatever their di. 
versions may be, if they are publie 
they must be innocent. It is the 
duty then of the good magistrate to 
protect the people in these simple 
pastimes, to Jay out and keepin 
order the places destined for them, 
to remove all obstacles,.and to leave 
the inhabitants at full liberty to 
abandon themselves to their boister, 
ous merriment, their rude but harm. 
less effusions of joy. If he appear 
sometimes 
