The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 486 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 486 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12).
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.

Whether it is owing to the felicity of our times, less fertile in great offences than those which have gone before us, or whether it is from a sluggish apathy which has dulled and enervated the public justice, I am not called upon to determine,—­but, whatever may be the cause, it is now sixty-three years since any impeachment, grounded upon abuse of authority and misdemeanor in office, has come before this tribunal.  The last is that of Lord Macclesfield, which happened in the year 1725.  So that the oldest process known to the Constitution of this country has, upon its revival, some appearance of novelty.  At this time, when all Europe is in a state of, perhaps, contagious fermentation, when antiquity has lost all its reverence and all its effect on the minds of men, at the same time that novelty is still attended with the suspicions that always will be attached to whatever is new, we have been anxiously careful, in a business which seems to combine the objections both to what is antiquated and what is novel, so to conduct ourselves that nothing in the revival of this great Parliamentary process shall afford a pretext for its future disuse.

My Lords, strongly impressed as they are with these sentiments, the Commons have conducted themselves with singular care and caution.  Without losing the spirit and zeal of a public prosecution, they have comported themselves with such moderation, temper, and decorum as would not have ill become the final judgment, if with them rested the final judgment, of this great cause.

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The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) from Project Gutenberg. Public domain.