A great part of what I have now offered was, therefore, no otherwise necessary on the present occasion, than because silence might have appeared like a consciousness of misconduct, and have afforded a new subject of airy triumph to the enemies of the administration; for very few of the transactions which have been so severely censured, fell under the particular inspection of the right honourable gentleman against whom the motion is levelled; he was not otherwise concerned in counselling or in ratifying, than as one of his majesty’s privy council; and, therefore, though they should be defective, I do not see how it is reasonable or just, that he should be singled out from the rest for disgrace or punishment.

The motion, therefore, my lords, appears to me neither founded on facts, nor law, nor reason, nor any better grounds than popular caprice, and private malevolence.

If it is contrary to law to punish without proof; if it is not agreeable to reason that one should be censured for the offences of another; if it is necessary that some crime should be proved before any man can suffer as a criminal, then, my lords, I am convinced that your lordships will be unanimous in rejecting the motion.

The duke of ARGYLE spoke next, as follows:—­My lords, if we will obstinately shut our eyes against the light of conviction; if we will resolutely admit every degree of evidence that contributes to support the cause which we are inclined to favour, and to reject the plainest proofs when they are produced against it, to reason and debate is to little purpose:  as no innocence can be safe that has incurred the displeasure of partial judges, so no criminal that has the happiness of being favoured by them, can ever be in danger.

That any lord has already determined how to vote on the present occasion, far be it from me to assert:  may it never, my lords, be suspected that private interest, blind adherence to a party, personal kindness or malevolence, or any other motive than a sincere and unmingled regard for the prosperity of our country, influences the decisions of this assembly; for it is well known, my lords, that authority is founded on opinion; when once we lose the esteem of the publick, our votes, while we shall be allowed to give them, will be only empty sounds, to which no other regard will be paid than a standing army shall enforce.

The veneration of the people, my lords, will not easily be lost:  this house has a kind of hereditary claim to their confidence and respect; the great actions of our ancestors are remembered, and contribute to the reputation of their successours; nor do our countrymen willingly suspect that they can be betrayed by the descendants of those, by whose bravery and counsels they have been rescued from destruction.

But esteem must languish, and confidence decline, unless they are renewed and reanimated by new acts of beneficence; and the higher expectations the nation may have formed of our penetration to discover its real advantages, and of our steadiness to pursue them, the more violent will be its resentment, if it shall appear, on this important question, that we are either ignorant or timorous, that we are unconcerned at the miseries of the people, or content ourselves with pitying what our ancestors never failed to redress.