The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.Johnson, Samuel
History
The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
I doubt not that your lordships will easily perceive, that this censure
is equally just in either case; that you will not allow any man to be
prosecuted by methods which he ought not to have used in his own case;
that you will not expose any man to hardships, from which every other
member of the community is exempt; that you will not suffer any man to
be tried by hired evidence; and that you will not condemn him whom the
law acquits.
Lord BATHURST spoke next, in substance as follows:--My lords, the
question under our consideration has been so long and so accurately
debated, that little can be added to the arguments on either side; and
therefore, though I think it necessary on so important an occasion, to
make a solemn declaration of my opinion, I shall endeavour to support
it, not so much by any arguments of my own, as by a recapitulation and
comparison of those which have been already heard by your lordships.
It has not been denied, that the punishment of crimes is absolutely
necessary to the publick security; and as it is evident, that crimes
cannot be punished unless they are detected, it must be allowed, that
the discovery of wicked measures ought to be, in a very great degree,
the care of those who are intrusted with the government of the nation;
nor can they better discharge their trust, than by defeating the
artifices of intrigue, and blocking up the retreats of guilt.
This, likewise, my lords, is admitted with such restrictions as seem
intended to preclude any advantage that might be drawn from the
appearance of a concession; for it is urged, that guilt is not to be
detected by any methods which are not just, and that no methods are just
which are not usual.
The first position, my lords, I have no intention to controvert; as it
is not to violate justice, but to preserve it from violation, that this
bill has been projected or defended. But, my lords, it is to be
observed, that they who so warmly recommend the strictest adherence to
justice, seem not fully to understand the duty which they urge. To do
justice, my lords, is to act with impartiality, to banish from the mind
all regard to personal motives, and to consider every question in its
whole extent, without suffering the attention to be restrained to
particular circumstances, or the judgment to be obstructed by partial
affection.
This rule, my lords, seems not to have been very carefully observed, by
the most vehement advocates for justice in the case before us; for they
appear not to be solicitous that any should receive justice, but the
person mentioned in the bill; they do not remember, that the publick has
cried out for justice more than twenty years; for justice, which has not
yet been obtained, and which can be obtained only by the method now
proposed.
Public-domain text, read in full here on John Shaqi.
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