Gibbon, Edward, 1737-1794; Historians -- Great Britain -- Biography
But his fortune was overwhelmed in the shipwreck of the year twenty,
and the labours of thirty years were blasted in a single day. Of
the use or abuse of the South Sea scheme, of the guilt or innocence
of my grandfather and his brother Directors, I am neither a
competent nor a disinterested judge. Yet the equity of modern times
must condemn the violent and arbitrary proceedings, which would have
disgraced the cause of justice, and would render injustice still
more odious. No sooner had the nation awakened from its golden
dream, than a popular and even a parliamentary clamour demanded
their victims: but it was acknowledged on all sides that the South
Sea Directors, however guilty, could not be touched by any known
laws of the land. The speech of Lord Molesworth, the author of the
State of Denmark, may shew the temper, or rather the intemperance,
of the House of Commons. "Extraordinary crimes (exclaimed that
ardent Whig) call aloud for extraordinary remedies. The Roman
lawgivers had not foreseen the possible existence of a parricide;
but as soon as the first monster appeared, he was sewn in a sack,
and cast headlong into the river; and I shall be content to inflict
the same treatment on the authors of our present ruin." His motion
was not literally adopted; but a bill of pains and penalties was
introduced, a retroactive statute, to punish the offences, which did
not exist at the time they were committed. Such a pernicious
violation of liberty and law can be excused only by the most
imperious necessity; nor could it be defended on this occasion by
the plea of impending danger or useful example. The legislature
restrained the persons of the Directors, imposed an exorbitant
security for their appearance, and marked their characters with a
previous note of ignominy: they were compelled to deliver, upon
oath, the strict value of their estates; and were disabled from
making any transfer or alienation of any part of their property.
Against a bill of pains and penalties it is the common right of
every subject to be heard by his counsel at the bar: they prayed to
be heard; their prayer was refused; and their oppressors, who
required no evidence, would listen to no defence. It had been at
first proposed that one-eighth of their respective estates should be
allowed for the future support of the Directors; but it was
speciously urged, that in the various shades of opulence and guilt
such an unequal proportion would be too light for many, and for some
might possibly be too heavy. The character and conduct of each man
were separately weighed; but, instead of the calm solemnity of a
judicial inquiry, the fortune and honour of three and thirty
Englishmen were made the topic of hasty conversation, the sport of a
lawless majority; and the basest member of the committee, by a
malicious word or, a silent vote, might indulge his general spleen
or personal animosity. Injury was aggravated by insult, and insult
was embittered by pleasantry.
Public-domain text, read in full here on John Shaqi.
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