The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
My Lords, there is another consideration, which augments the solicitude
of the Commons, equal to those other two great interests I have stated,
those of our empire and our national character,--something that, if
possible, comes more home to the hearts and feelings of every
Englishman: I mean, the interests of our Constitution itself, which is
deeply involved in the event of this cause. The future use and the whole
effect, if not the very existence, of the process of an impeachment of
high crimes and misdemeanors before the peers of this kingdom upon the
charge of the Commons will very much be decided by your judgment in this
cause. This tribunal will be found (I hope it will always be found) too
great for petty causes: if it should at the same time be found
incompetent to one of the greatest,--that is, if little offences, from
their minuteness, escape you, and the greatest, from their magnitude,
oppress you,--it is impossible that this form of trial should not in the
end vanish out of the Constitution. For we must not deceive ourselves:
whatever does not stand with credit cannot stand long. And if the
Constitution should be deprived, I do not mean in form, but virtually,
of this resource, it is virtually deprived of everything else that is
valuable in it. For this process is the cement which binds the whole
together; this is the individuating principle that makes England what
England is. In this court it is that no subject, in no part of the
empire, can fail of competent and proportionable justice; here it is
that we provide for that which is the substantial excellence of our
Constitution,--I mean, the great circulation of responsibility, by which
(excepting the supreme power) no man, in no circumstance, can escape
the account which he owes to the laws of his country. It is by this
process that magistracy, which tries and controls all other things, is
itself tried and controlled. Other constitutions are satisfied with
making good subjects; this is a security for good governors. It is by
this tribunal that statesmen who abuse their power are accused by
statesmen and tried by statesmen, not upon the niceties of a narrow
jurisprudence, but upon the enlarged and solid principles of state
morality. It is here that those who by the abuse of power have violated
the spirit of law can never hope for protection from any of its forms;
it is here that those who have refused to conform themselves to its
perfections can never hope to escape through any of its defects. It
ought, therefore, my Lords, to become our common care to guard this your
precious deposit, rare in its use, but powerful in its effect, with a
religious vigilance, and never to suffer it to be either discredited or
antiquated. For this great end your Lordships are invested with great
and plenary powers: but you do not suspend, you do not supersede, you do
not annihilate any subordinate jurisdiction; on the contrary, you are
auxiliary and supplemental to them all.
Public-domain text, read in full here on John Shaqi.
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