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
I confess, Gentlemen, that this appears to me as bad in the principle,
and far worse in its consequence, than an universal suspension of the
_Habeas Corpus_ Act; and the limiting qualification, instead of taking
out the sting, does in my humble opinion sharpen and envenom it to a
greater degree. Liberty, if I understand it at all, is a _general_
principle, and the clear right of all the subjects within the realm, or
of none. Partial freedom seems to me a most invidious mode of slavery.
But, unfortunately, it is the kind of slavery the most easily admitted
in times of civil discord: for parties are but too apt to forget their
own future safety in their desire of sacrificing their enemies. People
without much difficulty admit the entrance of that injustice of which
they are not to be the immediate victims. In times of high proceeding it
is never the faction of the predominant power that is in danger: for no
tyranny chastises its own instruments. It is the obnoxious and the
suspected who want the protection of law; and there is nothing to bridle
the partial violence of state factions but this,--"that, whenever an act
is made for a cessation of law and justice, the whole people should be
universally subjected to the same suspension of their franchises." The
alarm of such a proceeding would then be universal. It would operate as
a sort of _call of the nation_. It would become every man's immediate
and instant concern to be made very sensible of _the absolute necessity_
of this total eclipse of liberty. They would more carefully advert to
every renewal, and more powerfully resist it. These great determined
measures are not commonly so dangerous to freedom. They are marked with
too strong lines to slide into use. No plea, nor pretence, of
_inconvenience or evil example_ (which must in their nature be daily
and ordinary incidents) can be admitted as a reason for such mighty
operations. But the true danger is when liberty is nibbled away, for
expedients, and by parts. The _Habeas Corpus_ Act supposes, contrary to
the genius of most other laws, that the lawful magistrate may see
particular men with a malignant eye, and it provides for that identical
case. But when men, in particular descriptions, marked out by the
magistrate himself, are delivered over by Parliament to this possible
malignity, it is not the _Habeas Corpus_ that is occasionally suspended,
but its spirit that is mistaken, and its principle that is subverted.
Indeed, nothing is security to any individual but the common interest of
all.
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