Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
If the Solicitor-General’s doctrine were established, see what
oppressive consequences might result. At some future period, some
man may attain the first place on the bench, by the reputation which
is so easily acquired by a certain degree of churchwardening piety,
added to a great gravity, and maidenly decorum of manners. Such a man
_may_ reach the bench--for I am putting a mere imaginary case--_he_
may be a man without _passions_, and _therefore_ without _vices_; he
may, my lord, be a man superfluously _rich_, and, therefore, not to be
_bribed_ with _money_, but rendered _partial_ by his _bigotry_, and
_corrupted_ by his _prejudices_; such a man, _inflated_ by _flattery_,
and _bloated_ in his dignity, may hereafter use that character for
_sanctity_ which has served to promote him, as a sword to hew down the
struggling liberties of his country; such a judge may interfere before
trial! and at the trial be a _partisan_!
Gentlemen, should an honest jury--could an honest jury (if an
honest jury were again found) listen with safety to the dictates of
such a judge? I repeat it, therefore, that the Solicitor-General
is mistaken--that the law does not, and cannot, require such a
submission as he preached; and at all events, gentlemen, it cannot be
controverted, that in the present instance, that of an alleged libel,
the decision of all law and fact belongs to _you_.
I am then warranted in directing to you some _observations_ on the _law
of libel_, and in doing so, I disclaim any apology for the consumption
of the time necessary for my purpose. Gentlemen, my intention is to lay
before you a short and rapid view of the causes which have introduced
into courts the monstrous assertion--_that truth is crime!_
It is to be deeply lamented that the art of printing was unknown at
the earlier periods of our history. If at the time the barons wrung
the simple but sublime charter of liberty from a timid, perfidious
sovereign, from a violator of his word, from a man covered with
disgrace, and sunk in infamy--if at the time when that charter was
confirmed and renewed, the Press had existed, it would, I think, have
been the first care of those friends of freedom to have established
a principle of liberty for it to rest upon which might resist every
future assault. Their simple and unsophisticated understandings could
never be brought to comprehend the legal subtleties by which it is now
argued that falsehood is useful and innocent, and truth, the emanation
and the type of heaven, a crime. They would have cut with their swords
the cobweb links of sophistry in which truth is entangled; and they
would have rendered it impossible to re-establish this injustice
without violating the principle of the constitution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account