Lois" an assertion of Montesquieu, that "one of the excellences of the
English constitution was, that the judicial power was separated from the
legislative, and that there would be no liberty if they were blended
together; the power over the life and liberty of the citizens would then
be arbitrary, for the judge would be the legislator." And, having thus
proved that it would be a violation of the recognized constitution to
found a second expulsion on the first, he proceeded to argue that to
expel him for this new offence would be impolitic and inexpedient, as a
step which would inevitably lead to a contest with the constituency
which he represented, since, "in the present disposition of the county
of Middlesex, no one could entertain a doubt that Wilkes would be
re-elected. The House would then probably think itself under a necessity
of again expelling him, and he would as certainly be again re-elected.
The House might, indeed, refuse to issue a new writ, which would be to
deprive the freeholders of Middlesex of the right of choosing any other
representative; but he could not believe that the House would think it
fit to inflict such a punishment on the electors of a great county.
Should it not do so, the other alternative would be to bring into the
House as representative and knight of the shire for Middlesex a man
chosen by a few voters only, in contradiction to the declared sense of a
great majority of the freeholders on the face of the poll, upon the
supposition that all the votes of the latter were forfeited and thrown
away on account of the expulsion of Mr. Wilkes." It seemed premature to
discuss that point before it arose, and therefore the Speaker contented
himself for the present with saying that "he believed there was no
example of such a proceeding; and that, if it should appear to be new
and unfounded as the law of the land, or even if any reasonable doubt
could be entertained of its legality, the attempt to forfeit the
freeholders' votes in such a manner would be highly alarming and
dangerous."