My Lords, I have heard it said that the King could make a peer, but that
he could not make a gentleman; I am sure that he cannot make a rogue an
honest man. This pardon, therefore, at the utmost can only avert the
punishment which follows from the sentence. It cannot remove the guilt
of this man, though it may save his life. Can it, indeed, my Lords, be
supposed that this amiable prerogative, lodged in the hands of the King
for the wisest of purposes, and to be exerted by him as the father of
his people, should have the effect to let loose persons upon society, as
honest, respectable men, as men who may be witnesses, who may be
jurymen, and may decide upon your lives or my life to-morrow, although
these very persons were yesterday in the eye of the law and the eye of
reason held as hardened villains from whom no man was safe, considered
as wretches guilty of, and fitted to, perpetrate the most abominable
crimes; and that although every man knows them to be the same as they
were, and is equally afraid of, and would as little trust them as before
they obtained a remission of their crimes?
My Lord Advocate has talked of their obtaining a new credit by the
pardon. What is this, my Lords? Can it be a new credit to cheat and rob
and plunder? Is this pardon to operate like a settlement in a banker’s
books, when he opens a new credit upon the next page, after old scores
are cleared off? My Lords, it is impossible. To suppose a pardon to have
such effects is to suppose it the most unjustifiable of all things.
My Lords, I am willing to allow that this pardon should have every
consequence beneficial to Mr. Brown; that he should derive all the
benefit from it which the pardon itself expressly declares to be
competent to him, and that no part of the punishment to which he was
liable before this extension of His Majesty’s clemency can now be
inflicted upon him. But this is very different from the proposition,
that he is a good evidence in this or any other cause; it is no part of
his punishment that he is not allowed to swear away the life of his
neighbour; on the contrary, it is rather a favour to him. That he is
intestable was never a punishment even before the pardon was granted; it
is only a consequence of the sentence for a crime of an infamous nature
which fixes an indelible character upon him, and describes him as a man
whose testimony is worthy of no regard; and that character is no more
removed by the pardon than the original truth and authenticity of the
evidence upon which he was convicted is falsified by it; on the
contrary, the pardon contains in itself the most unexceptionable
evidence of the guilt and infamy of the person who is obliged to plead
it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account