Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes — John Shaqi
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
The House of Lords has not said that this proposition is limited
to constitutional countries. The House of Lords has not said that
the proposition is inapplicable, not only to arbitrary and despotic
countries, but even to constitutional countries where the courts of
justice are not free; although these limitations are stated in the
speech. The country is simply informed by the resolution, as it was
adopted, that, so far as foreign nations are concerned, the future rule
of the Government of England is to be, that, in all cases, and under
all circumstances, British subjects are to have the protection only
which the law and the tribunals of the land in which they happen to be
may give them.
No! I deny that proposition; and I say it is doctrine on which no
British Minister ever yet has acted, and on which the people of England
never will suffer any British Minister to act. Do I mean to say that
British subjects abroad are to be above the law, or are to be taken
out of the scope of the laws of the land in which they live? I mean
no such thing; I contend for no such principle. Undoubtedly, in the
first instance, British subjects are bound to have recourse for redress
to the means which the law of the land affords them, when that law
is available for such a purpose. That is the opinion which the legal
advisers of the Crown have given in numerous cases; and it is the
opinion on which we have founded our replies to many applications for
our interposition in favor of British subjects abroad.[9]
* * * * *
I say then, that if our subjects abroad have made complaints against
individuals, or against the government of a foreign country, if the
courts of law of that country can afford them redress, then, no doubt,
to those courts of justice the British subject ought in the first
instance to apply; and it is only on a denial of justice, or upon
decisions manifestly unjust, that the British Government should be
called upon to interfere. But there may be cases in which no confidence
can be placed in the tribunals, those tribunals being, from their
composition and nature, not of a character to inspire any hope of
obtaining justice from them. It has been said, “We do not apply this
rule to countries whose governments are arbitrary or despotic, because
there the tribunals are under the control of the government, and
justice cannot be had; and, moreover, it is not meant to be applied to
nominally constitutional governments where the tribunals are corrupt.”
But who is to be the judge, in such a case, whether the tribunals are
corrupt or not? The British Government, or the Government of the state
from which you demand justice?
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