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
Let us, therefore, my lords, apply these rules to the present bill, and
inquire what regard appears to have been paid to them by the commons,
and how well we shall observe them by concurring in their design.
With respect to the first, by which it is required, that there be a
known and manifest crime, it does not appear to have engaged the least
attention in the other house; for no fact is specified in the bill, upon
which a prosecution can be founded, and, therefore, to inquire after
evidence is somewhat preposterous; it is nothing less than to invite men
to give their opinion without a subject, and to answer without a
question.
It may be urged, indeed, that there is a universal discontent over the
whole nation; that the clamour against the person mentioned in the bill,
has been continued for many years; that the influence of the nation is
impaired in foreign countries; that our treasury is exhausted; that our
liberties have been attacked, our properties invaded, and our morals
corrupted; but these are yet only rumours, without proof, and without
legal certainty; which may, indeed, with great propriety give occasion
to an inquiry, and, perhaps, by that inquiry some facts may be
ascertained which may afford sufficient reasons for farther procedure.
But such, my lords, is the form of the bill now before us, that if it
should pass into a statute, it would, in my opinion, put a stop to all
future inquiry, by making those incapable of giving evidence, who have
had most opportunities of knowing those transactions, which have given
the chief occasion of suspicion, and from whom, therefore, the most
important information must naturally be expected.
The first requisite qualification of a witness, whether we consult
natural equity and reason, or the common law of our own country, is
disinterestedness; an indifference, with regard to all outward
circumstances, about the event of the trial at which his testimony is
required. For he that is called as a witness where he is interested, is
in reality giving evidence in his own cause.
But this qualification, my lords, the bill now before us manifestly
takes away; for every man who shall appear against the person into whose
conduct the commons are inquiring, evidently promotes, in the highest
degree, his own interest by his evidence, as he may preclude all
examination of his own behaviour, and secure the possession of that
wealth which he has accumulated by fraud and oppression, or, perhaps,
preserve that life which the justice of the nation might take away.
Nothing, my lords, is more obvious, than that this offer of indemnity
may produce perjury and false accusation; nothing is more probable, than
that he who is conscious of any atrocious villanies, which he cannot
certainly secure from discovery, will snatch this opportunity of
committing one crime more, to set himself free from the dread of
punishment, and blot out his own guilt for ever, by charging lord ORFORD
as one of his accomplices.
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