The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
It is curious to observe, that the administrative bodies are carefully
exempted from the jurisdiction of these new tribunals. That is, those
persons are exempted from the power of the laws who ought to be the most
entirely submitted to them. Those who execute public pecuniary trusts
ought of all men to be the most strictly held to their duty. One would
have thought that it must have been among your earliest cares, if you
did not mean that those administrative bodies should be real, sovereign,
independent states, to form an awful tribunal, like your late
parliaments, or like our King's Bench, where all corporate officers
might obtain protection in the legal exercise of their functions, and
would find coercion, if they trespassed against their legal duty. But
the cause of the exemption is plain. These administrative bodies are the
great instruments of the present leaders in their progress through
democracy to oligarchy. They must therefore be put above the law. It
will be said that the legal tribunals which you have made are unfit to
coerce them. They are, undoubtedly. They are unfit for any rational
purpose. It will be said, too, that the administrative bodies will be
accountable to the general Assembly. This, I fear, is talking without
much consideration of the nature of that Assembly or of these
corporations. However, to be subject to the pleasure of that Assembly is
not to be subject to law, either for protection or for constraint.
This establishment of judges as yet wants something to its completion.
It is to be crowned by a new tribunal. This is to be a grand state
judicature; and it is to judge of crimes committed against the nation,
that is, against the power of the Assembly. It seems as if they had
something in their view of the nature of the high court of justice
erected in England during the time of the great usurpation. As they have
not yet finished this part of the scheme, it is impossible to form a
direct judgment upon it. However, if great care is not taken to form it
in a spirit very different from that which has guided them in their
proceedings relative to state offences, this tribunal, subservient to
their inquisition, _the Committee of Research_, will extinguish the last
sparks of liberty in France, and settle the most dreadful and arbitrary
tyranny ever known in any nation. If they wish to give to this tribunal
any appearance of liberty and justice, they must not evoke from or send
to it the causes relative to their own members, at their pleasure. They
must also remove the seat of that tribunal out of the republic of
Paris.[126]
Public-domain text, read in full here on John Shaqi.
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