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
Lawyers, I know, cannot make the distinction for which I contend;
because they have their strict rule to go by. But legislators ought to
do what lawyers cannot; for they have no other rules to bind them but
the great principles of reason and equity and the general sense of
mankind. These they are bound to obey and follow, and rather to enlarge
and enlighten law by the liberality of legislative reason than to fetter
and bind their higher capacity by the narrow constructions of
subordinate, artificial justice. If we had adverted to this, we never
could consider the convulsions of a great empire, not disturbed by a
little disseminated faction, but divided by whole communities and
provinces, and entire legal representatives of a people, as fit matter
of discussion under a commission of Oyer and Terminer. It is as opposite
to reason and prudence as it is to humanity and justice.
This act, proceeding on these principles, that is, preparing to end the
present troubles by a trial of one sort of hostility under the name of
piracy, and of another by the name of treason, and executing the act of
Henry the Eighth according to a new and unconstitutional interpretation,
I have thought evil and dangerous, even though the instruments of
effecting such purposes had been merely of a neutral quality.
But it really appears to me that the means which this act employs are at
least as exceptionable as the end. Permit me to open myself a little
upon this subject; because it is of importance to me, when I am obliged
to submit to the power without acquiescing in the reason of an act of
legislature, that I should justify my dissent by such arguments as may
be supposed to have weight with a sober man.
The main operative regulation of the act is to suspend the Common Law
and the statute _Habeas Corpus_ (the sole securities either for liberty
or justice) with regard to all those who have been out of the realm, or
on the high seas, within a given time. The rest of the people, as I
understand, are to continue as they stood before.
Public-domain text, read in full here on John Shaqi.
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