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
Lord CHOLMONDELEY spoke next, to the following purpose:--My lords, this
bill is, in my opinion, so far from deserving approbation, that I am in
doubt whether I should retard the determination of the house, by laying
before you the reasons which influence me in this debate; nor, indeed,
could I prevail upon myself to enter into a formal discussion of a
question, on which I should have imagined that all mankind would have
been of one opinion, did not my reverence of the abilities of those
noble lords who have spoken in defence of the bill, incline me, even
against the conviction of my own reason, to suspect that arguments may
be offered in its favour, which I have not yet been able to discover;
and that those which have been produced, however inconclusive they have
seemed, will operate more powerfully when they are more fully displayed,
and better understood.
For this reason I shall lay before your lordships the objections which
arose in my mind when the bill was first laid before us, and which have
rather been strengthened than invalidated by the subsequent debate.
It appears, my lords, evident to me, that every man has a right to be
tried by the known laws of his country; that no man can be justly
punished by a law made after the commission of a fact, because he then
suffers by a law, against which he never transgressed; nor is any man to
be prosecuted by methods invented only to facilitate his condemnation,
because he ought to be acquitted, however guilty he may be supposed,
whom the established rules of justice cannot convict. The law, my lords,
is the measure of political, as conscience of moral right; and he that
breaks no law, may indeed be criminal, but is not punishable. The law
likewise prescribes the method of prosecuting guilt; and as we, by
omitting any crime in our laws, disable ourselves from punishing it,
however publick or flagrant, so by regulating the process in our courts
of justice, we give security to that guilt, which by that process cannot
be detected.
The truth of this assertion, my lords, however paradoxical it may
perhaps appear, will become evident, if we suppose a man brought to the
bar whose guilt was unquestionable, though it could not be legally
proved, because all those were dead who might have appeared against him.
It is certain that his good fortune would give him no claim to pardon,
and yet he could not be convicted, unless we suppose him weak enough to
accuse himself. In this case, my lords, it is not impossible, that some
might be prompted by their zeal to propose, that the foreign methods of
justice might be introduced, and the rack employed to extort, from his
own mouth, a confession of those crimes of which every one believed him
guilty.
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