Memoirs of the Reign of King George the Second, Volume 2 (of 3)Walpole, Horace
History
Memoirs of the Reign of King George the Second, Volume 2 (of 3)
Walpole, Horace
Great Britain -- History -- George II, 1727-1760
Sir Richard, on the contrary, interested himself warmly for the
condemned; and Lord Temple took part enough to make it a measure in
the Admiralty to refuse to sign the warrant for execution, unless
they were better satisfied on the legality of the sentence--if
their consciences could be tranquillized by such opiates as the
casuists of Westminster Hall could administer, Lord Hardwicke had
no apprehension but the warrant might still be signed. Accordingly,
the King referred the sentence to the Judges; and as there was no
difficulty but what they could solve by pronouncing an absurdity
legal, they soon declared, that a sentence, which acquitted of
two crimes, and yet condemned, without specifying a third, was
very good law. And thus, without an instance of interpreting a
_new_, _obscure_, and _doubtful_ statute in the most unfavourable
sense, and contrary to the stream of precedents by which criminals
recommended to mercy were constantly pardoned, the people of
England (that some revengeful men might be gratified, and some
guilty men might have their crimes atoned by the sacrifice of
another man) obtained the alarming precedent of a sentence
pronounced by implication! And this was the more alarming, as it
was known that the word _negligence_[76] had been proposed in the
Court-Martial, and had been rejected by them. Consequently, they
had thought it their duty to condemn for _no_ crime; and the Judges
discovered the virtue of a crime in words, which the persons who
framed the sentence had intended should _not_ express it.
What added to the criminality of the Judges was, that the
young Lord Torrington, the Admiral’s nephew, having petitioned
the Admiralty for leave for his uncle to appeal against so
unprecedented a sentence, they desired to see his reasons, and
having received them, laid them before the King and Council, by
whom they were referred to the Judges. The Judges, who had desired
to see all the sentences in capital cases that had been given
by Courts-Martial since the Revolution, excused themselves from
examining Lord Torrington’s arguments, equally referred to them
by the Council. One can hardly avoid saying on such inconsistent
behaviour, that the Judges knew what was the inclination of the
Council on the different papers referred to their consideration;
and that they accordingly rejected an appeal from a novel sentence,
which they pronounced law from precedents which had all taken their
rise under the abrogated law.
Public-domain text, read in full here on John Shaqi.
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