Memoirs of the Reign of King George the Third, Volume 2 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 2 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
Grenville then spoke his usual hour; and immediately after him Sir
George Saville rose to take notice of most obnoxious words that had
fallen from Dr. Hay in the beginning of the debate. I hear, said
Saville, that _the Law of Government is superior to the Law of the
Land_: such words are impeachable. Dr. Hay replied that _the Law of
Government_ meant _the Law of Necessity_. This produced great warmth
and calling to order, till at last Sir George Saville said he was glad
the gentleman did not avow those words. Hay taxing Conway with want of
temper, the latter replied, he believed those who had meant to hurt
him, had hurt themselves more. Onslow offered to produce pamphlet for
pamphlet written by the Administration: and then Hussey very ably and
for fifty minutes discoursed against the arbitrary tenets set up by
the Court and its lawyers; yet still with the candour and decency
peculiar to him. The circumstances inserted in the amendment, he said,
were not true. He doubted if ever the question could be determined in
Westminster Hall. This was the first time that ever a _probable_ cause
was pleaded in behalf of General Warrants. _New doctrines sprung up
every day in Westminster Hall._ A number of points must be determined
before that cause could be decided; as whether a Secretary of State
is a Justice of Peace; whether his messenger is a constable; whether
the reason assigned for the commitment was a probable cause, &c. Great
difficulties, too, there were in contending with the Crown, and against
its influence and its money, &c. He did not believe that the warrants
would come before the Courts below. The predecessors of these Ministers
had always compounded such prosecutions. The Justices in Ireland having
imposed illegal oaths, the House had declared them illegal, but went no
farther; excusing the Justices on the circumstances of the times: it
was in King William’s reign. Lord Palmerston,[56] a young man of sense,
and who spoke then for the first time, declared himself convinced
by Hussey’s arguments. Rigby pronounced Lord Halifax’s intrenching
himself within privilege, justifiable; for who knew what damages might
be given against him?--and so far was true; juries could impose
fines to the vastest amount; and as such fine became the property of
the prosecutor, the Crown itself could not remit it. But what latent
defects, therefore, were discovered by agitating these questions? A
Secretary of State could commit a grievous injustice, and yet could
avoid punishment, if sheltered by the privilege of his peerage. On
the other hand, for a slight imprisonment, a jury, naturally partial
to their equals, especially when oppressed, and as naturally averse
to their superiors, can give damages to the amount of the defendant’s
whole estate, without his being able to obtain redress from any quarter.
Public-domain text, read in full here on John Shaqi.
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