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.