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
For this reason, I am far from granting that we ought to be cautious of
charging those with crimes who have the honour of a seat amongst us. In
my opinion, my lords, we ought to be watchful against the least
suspicion of wickedness in our own body, we ought to eject pollution
from our walls, and preserve that power for which some appear so
anxious, by keeping our reputation pure and untainted.
It is, therefore, to little purpose objected, that there is no _corpus
delicti;_ for even, though it were true, yet while there is a _corpus
suspicionis,_ then inquiry ought to be made for our own honour, nor can
either law or reason be pleaded against it.
I cannot, therefore, doubt, that your lordships will endeavour to do
justice; that you will facilitate the production of oral evidence, lest
all written proofs should be destroyed; that you will not despise the
united petition of the whole people, of which I dread the consequence;
nor reject the only expedient by which their fears may be dissipated,
and their happiness secured.
Lord HARDWICKE spoke next, in the following manner:--My lords, after
having, with an intention uninterrupted by any foreign considerations,
and a mind intent only on the discovery of truth, examined every
argument which has been urged on either side, I think it my duty to
declare, that I have yet discovered no reason, which, in my opinion,
ought to prevail upon us to ratify the bill that is now before us.
The noble lords who have defended it, appear to reason more upon maxims
of policy, than rules of law, or principles of justice; and seem to
imagine, that if they can prove it to be expedient, it is not necessary
to show that it is equitable.
How far, my lords, they have succeeded in that argument which they have
most laboured, I think it not necessary to examine, because I have
hitherto accounted it an incontestable maxim, that whenever interest and
virtue are in competition, virtue is always to be preferred.
The noble lord who spoke first in this debate, has proved the
unreasonableness and illegality of the methods proposed in this bill,
beyond the possibility of confutation; he has shown that they are
inconsistent with the law, and-that the law is founded upon reason: he
has proved, that the bill supposes a criminal previous to the crime,
summons the man to a trial, and then inquires for what offence.
Nor has he, my lords, confined himself to a detection of the original
defect, the uncertainty of any crime committed, but has proceeded to
prove, that upon whatever supposition we proceed, the bill is
unequitable, and of no other tendency than to multiply grievances, and
establish a precedent of oppression.
For this purpose he has shown, that no evidence can be procured by this
till, because all those who shall, upon the encouragement proposed in
it, offer information, must be considered as hired witnesses, to whom no
credit can be given, and who, therefore, ought not to be heard.
Public-domain text, read in full here on John Shaqi.
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