The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.Johnson, Samuel
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The Works of Samuel Johnson, LL.D. Volume 11.: Parlimentary Debates II.
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
But, my lords, whenever virtue is to be persecuted, whenever false
accusations are to be promoted, this method is incontestably useful; for
no reward can so efficaciously prevail upon men who languish in daily
fear of publick justice, as a grant of impunity.
It may be urged, my lords, I own, that all inquiries into futurity are
idle speculations; that the expedient proposed is proper on the present
occasion, and that no methods of justice are to be allowed, if the
possibility of applying them to bad purposes, is a sufficient reason for
rejecting them.
But to this, my lords, it may be answered with equal reason, that every
process of law is likewise, in some degree, defective; that the
complications of circumstances are variable without end, and, therefore,
cannot be comprised in any certain rule; and that we must have no
established method of justice, if we cannot be content with such as may
possibly be sometimes eluded.
And, my lords, it may be observed farther, that scarcely any practice
can be conceived, however generally unreasonable and unjust, which may
not be sometimes equitable and proper; and that if we are to lay aside
all regard to futurity, and act merely with regard to the present
exigence, it may be often proper to violate every part of our
constitution. This house may sometimes have rejected bills beneficial to
the nation; and if this reasoning be allowed, it might have been wise
and just in the commons and the emperour to have suspended our authority
by force, to have voted us useless on that occasion, and have passed the
law without our concurrence.
With regard to the establishment of criminal prosecutions, as well as to
our civil rights, we are, my lords, to consider what is, upon the whole,
most for the advantage of the publick; we are not to admit practices
which may be sometimes useful, but may be often pernicious, and which
suppose men better or wiser than they are. We do not grant absolute
power to a wise and moderate prince, because his successours may inherit
his power without his virtues; we are not to trust or allow new methods
of prosecution upon an occasion on which they may seem useful, because
they may be employed to purposes very different from those for which
they were introduced.
Thus, my lords, I have shown the impropriety of the bill now before us,
upon the most favourable supposition that can possibly be made; a
supposition of the guilt of the noble person against whom it is
contrived. And surely, my lords, what cannot even in that case be
approved, must, if we suppose him innocent, be detested.
Public-domain text, read in full here on John Shaqi.
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