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
To these faults, gross and cruel faults in our law, the excellent
principle of Lord Beauchamp's bill applied some sort of remedy. I know
that credit must be preserved: but equity must be preserved, too; and it
is impossible that anything should be necessary to commerce which is
inconsistent with justice. The principle of credit was not weakened by
that bill. God forbid! The enforcement of that credit was only put into
the same public judicial hands on which we depend for our lives and all
that makes life dear to us. But, indeed, this business was taken up too
warmly, both here and elsewhere. The bill was extremely mistaken. It was
supposed to enact what it never enacted; and complaints were made of
clauses in it, as novelties, which existed before the noble lord that
brought in the bill was born. There was a fallacy that ran through the
whole of the objections. The gentlemen who opposed the bill always
argued as if the option lay between that bill and the ancient law. But
this is a grand mistake. For, practically, the option is between not
that bill and the old law, but between that bill and those occasional
laws called acts of grace. For the operation of the old law is so
savage, and so inconvenient to society, that for a long time past, once
in every Parliament, and lately twice, the legislature has been obliged
to make a general arbitrary jail-delivery, and at once to set open, by
its sovereign authority, all the prisons in England.
Gentlemen, I never relished acts of grace, nor ever submitted to them
but from despair of better. They are a dishonorable invention, by which,
not from humanity, not from policy, but merely because we have not room
enough to hold these victims of the absurdity of our laws, we turn loose
upon the public three or four thousand naked wretches, corrupted by the
habits, debased by the ignominy of a prison. If the creditor had a right
to those carcasses as a natural security for his property, I am sure we
have no right to deprive him of that security. But if the few pounds of
flesh were not necessary to his security, we had not a right to detain
the unfortunate debtor, without any benefit at all to the person who
confined him. Take it as you will, we commit injustice. Now Lord
Beauchamp's bill intended to do deliberately, and with great caution and
circumspection, upon each several case, and with all attention to the
just claimant, what acts of grace do in a much greater measure, and with
very little care, caution, or deliberation.
Public-domain text, read in full here on John Shaqi.
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