Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
To protect political discussion from the danger to which it would be
exposed by these wide principles, if they were severely and literally
enforced, our ancestors trusted to various securities—some growing out
of the law and constitution, and others arising from the character of
those public officers whom the constitution had formed, and to whom
its administration is committed. They trusted, in the first place, to
the moderation of the legal officers of the crown, educated in the
maxims and imbued with the spirit of a free government; controlled by
the superintending power of Parliament, and peculiarly watched in all
political prosecutions by the reasonable and wholesome jealousy of
their fellow-subjects. And I am bound to admit that, since the glorious
era of the Revolution [1688], making due allowance for the frailties,
the faults, and the occasional vices of men, they have, upon the whole,
not been disappointed. I know that in the hands of my learned friend
that trust will never be abused. But, above all, they confided in the
moderation and good sense of juries, popular in their origin, popular
in their feelings, popular in their very prejudices, taken from the
mass of the people, and immediately returning to that mass again. By
these checks and temperaments they hoped that they should sufficiently
repress malignant libels, without endangering that freedom of inquiry
which is the first security of a free state. They knew that the offence
of a political libel is of a very peculiar nature, and differing in
the most important particulars from all other crimes. In all other
cases, the most severe execution of law can only spread terror among
the guilty; but in political libels it inspires even the innocent with
fear. This striking peculiarity arises from the same circumstances
which make it impossible to define the limits of libel and innocent
discussion; which make it impossible for a man of the purest and most
honorable mind to be always perfectly certain whether he be within the
territory of fair argument and honest narrative, or whether he may not
have unwittingly over stepped the faint and varying line which bounds
them. But, gentlemen, I will go further. This is the only offence where
severe and frequent punishments not only intimidate the innocent, but
deter men from the most meritorious acts, and from rendering the most
important services to their country. They indispose and disqualify
men for the discharge of the most sacred duties which they owe to
mankind. To inform the public on the conduct of those who administer
public affairs requires courage and conscious security. It is always
an invidious and obnoxious office; but it is often the most necessary
of all public duties. If it is not done boldly, it can not be done
effectually, and it is not from writers trembling under the uplifted
scourge that we are to hope for it.
Public-domain text, read in full here on John Shaqi.
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes — John Shaqi
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