your penal code, that more must be poured forth to
ascend to Heaven and testify against you? How
will you carry the bill into effect? Can you
commit a whole county to their own prisons? Will
you erect a gibbet in every field, and hang up men
like scarecrows? or will you proceed (as you must
to bring this measure into effect) by decimation? place
the county under martial law? depopulate and lay waste
all around you? and restore Sherwood Forest as an
acceptable gift to the crown, in its former condition
of a royal chase and an asylum for outlaws? Are
these the remedies for a starving and desperate populace?
Will the famished wretch who has braved your bayonets
be appalled by your gibbets? When death is a
relief, and the only relief it appears that you will
afford him, will he be dragooned into tranquillity?
Will that which could not be effected by your grenadiers,
be accomplished by your executioners? If you
proceed by the forms of law, where is your evidence?
Those who have refused to impeach their accomplices,
when transportation only was the punishment, will hardly
be tempted to witness against them when death is the
penalty. With all due deference to the noble
lords opposite, I think a little investigation, some
previous enquiry would induce even them to change
their purpose. That most favourite state measure,
so marvellously efficacious in many and recent instances,
temporising, would not be without its advantages in
this. When a proposal is made to emancipate or
relieve, you hesitate, you deliberate for years, you
temporise and tamper with the minds of men; but a
death-bill must be passed off hand, without a thought
of the consequences. Sure I am, from what I have
heard, and from what I have seen, that to pass the
hill under all the existing circumstances, without
enquiry, without deliberation, would only be to add
injustice to irritation, and barbarity to neglect.
The framers of such a bill must be content to inherit
the honours of that Athenian lawgiver whose edicts
were said to be written not in ink but in blood.
But suppose it past; suppose one of these men, as
I have seen them,—meagre with famine, sullen
with despair, careless of a life which your Lordships
are perhaps about to value at something less than
the price of a stocking-frame;—suppose
this man surrounded by the children for whom he is
unable to procure bread at the hazard of his existence,
about to be torn for ever from a family which he lately
supported in peaceful industry, and which it is not
his fault that he can no longer so support;—suppose
this man, and there are ten thousand such from whom
you may select your victims, dragged into court, to
be tried for this new offence, by this new law; still,
there are two things wanting to convict and condemn
him; and these are, in my opinion,—twelve
butchers for a jury, and a Jefferies for a judge!
DEBATE ON THE EARL OF DONOUGHMORE’S MOTION FOR A COMMITTEE ON THE ROMAN CATHOLIC CLAIMS, APRIL 21. 1812.