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
If anything can be drawn from such examples by a parity of the case, it
is to show how deep their crime and how heavy their punishment will be,
who shall at any time dare to resist a distant power actually disposing
of their property without their voice or consent to the disposition, and
overturning their franchises without charge or hearing. God forbid that
England should ever read this lesson written in the blood of _any_ of
her offspring!
War is at present carried on between the king's natural and foreign
troops, on one side, and the English in America, on the other, upon the
usual footing of other wars; and accordingly an exchange of prisoners
has been regularly made from the beginning. If, notwithstanding this
hitherto equal procedure, upon some prospect of ending the war with
success (which, however, may be delusive) administration prepares to act
against those as _traitors_ who remain in their hands at the end of the
troubles, in my opinion we shall exhibit to the world as indecent a
piece of injustice as ever civil fury has produced. If the prisoners who
have been exchanged have not by that exchange been _virtually pardoned_,
the cartel (whether avowed or understood) is a cruel fraud; for you have
received the life of a man, and you ought to return a life for it, or
there is no parity or fairness in the transaction.
If, on the other hand, we admit that they who are actually exchanged
are pardoned, but contend that you may justly reserve for vengeance
those who remain unexchanged, then this unpleasant and unhandsome
consequence will follow: that you judge of the delinquency of men merely
by the time of their guilt, and not by the heinousness of it; and you
make fortune and accidents, and not the moral qualities of human action,
the rule of your justice.
These strange incongruities must ever perplex those who confound the
unhappiness of civil dissension with the crime of treason. Whenever a
rebellion really and truly exists, which is as easily known in fact as
it is difficult to define in words, government has not entered into such
military conventions, but has ever declined all intermediate treaty
which should put rebels in possession of the law of nations with regard
to war. Commanders would receive no benefits at their hands, because
they could make no return for them. Who has ever heard of capitulation,
and parole of honor, and exchange of prisoners in the late rebellions in
this kingdom? The answer to all demands of that sort was, "We can engage
for nothing; you are at the king's pleasure." We ought to remember,
that, if our present enemies be in reality and truth rebels, the king's
generals have no right to release them upon any conditions whatsoever;
and they are themselves answerable to the law, and as much in want of a
pardon, for doing so, as the rebels whom they release.
Public-domain text, read in full here on John Shaqi.
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