The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The next resolution relates to the courts of admiralty. It is
this:--"That it may be proper to regulate the courts of admiralty or
vice-admiralty, authorized by the 15th chapter of the 4th George the
Third, in such a manner as to make the same more commodious to those who
sue or are sued in the said courts, and to provide for the more decent
maintenance of the judges of the same."
These courts I do not wish to take away: they are in themselves proper
establishments. This court is one of the capital securities of the Act
of Navigation. The extent of its jurisdiction, indeed, has been
increased; but this is altogether as proper, and is, indeed, on many
accounts, more eligible, where new powers were wanted, than a court
absolutely new. But courts incommodiously situated, in effect, deny
justice; and a court partaking in the fruits of its own condemnation is
a robber. The Congress complain, and complain justly, of this
grievance.[28]
These are the three consequential propositions. I have thought of two or
three more; but they come rather too near detail, and to the province of
executive government, which I wish Parliament always to superintend,
never to assume. If the first six are granted, congruity will carry the
latter three. If not, the things that remain unrepealed will be, I hope,
rather unseemly incumbrances on the building than very materially
detrimental to its strength and stability.
Here, Sir, I should close, but that I plainly perceive some objections
remain, which I ought, if possible, to remove. The first will be, that,
in resorting to the doctrine of our ancestors, as contained in the
preamble to the Chester act, I prove too much: that the grievance from a
want of representation, stated in that preamble, goes to the whole of
legislation as well as to taxation; and that the colonies, grounding
themselves upon that doctrine, will apply it to all parts of legislative
authority.
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