The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates IJohnson, Samuel
History
The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates I
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
The character of the prisoner is never examined, except when it is
pleaded by himself, and witnesses are produced to offer testimony in his
favour; that plea, like all others, is then to be examined, and is
sometimes confuted by contrary evidence. But, the character of a
criminal, though it may be urged by himself as a proof of his innocence,
is never to be mentioned by his prosecutor as an aggravation or proof of
his guilt. It is not required by the law, that the general character of
a criminal, but that the particular evidence of the crime with which he
stands charged, should be examined; nor is his character ever mentioned
but by his own choice.
Sir William YONGE spoke next, to the effect following:--Sir, to prove
the malignity of the intention with which this libel was inserted in the
daily paper, it cannot be improper to observe, that the embargo has been
for many days past the favourite topic of this printer, and that,
therefore, it was not by accident that he admitted so zealous an
advocate for his opinions to be seasonably assisted by the circulation
of his paper, but that he, doubtless, was delighted with an opportunity
of dispersing sedition by means of greater abilities than his own.
Nor can it be justly pleaded, sir, in his favour, that he was encouraged
to publish it by the confidence with which he saw it dispersed; for it
was printed by him in the morning, and not brought hither till the
afternoon. I cannot, therefore, but conclude, that his intentions were
agreeable to his practice, and that he deserves to accompany the author
in his present confinement.
The advocate, CAMPBELL, spoke next, to this purpose:--Sir, I hope it
will not be imputed to me as disregard of the government, or neglect of
the honour of this house, that I declare myself, on all occasions like
this, inclined to lenity, and think it necessary always to proceed by
regular methods, and known forms of justice, not by capricious
determinations, and orders variable at pleasure.
I opposed the imprisonment of the man who just now appeared at the bar
of our house, and am still more unwilling to proceed to severities
against another, who is criminal only in a subordinate degree. The
loudest declaimers against these men cannot have stronger detestation of
falsehood and sedition than myself; but however flagrant may be the
crimes, they may be punished with unjustifiable rigour, and, in my
opinion, we have already proceeded with severity sufficient to
discourage any other attempts of the same kind.
Whether it will promote the advantage of the publick, and the efficacy
of our deliberations, to deter any man from the common practice of
giving us information by delivering papers at our door, must be
considered by the house.
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