to honour nonsense with the ceremony of a
confutation. As knavery, so folly, that is not reclaimable, is to be
speedily despatched; business is to be freed from obstruction, and
society from a nuisance.
Nor, sir, when I am censured by those whom I may offend, by the use of
terms correspondent with my ideas, will I, by a tame and silent
submission, give reason to suspect that I am conscious of a fault, but
will treat the accusation with open contempt, and show no greater regard
to the abettors, than to the authors of absurdity.
That decency is of great use in publick debates, I shall readily allow;
it may sometimes shelter folly from ridicule, and preserve villany from
publick detection; nor is it ever more carefully supported, than when
measures are promoted that nothing can preserve from contempt, but the
solemnity with which they are established.
Decency is a proper circumstance; but liberty is the essence of
senatorial disquisitions: liberty is the parent of truth; but truth and
decency are sometimes at variance: all men and all propositions are to
be treated here as they deserve; and there are many who have no claim
either to respect or decency.
Mr. WINNINGTON then rose:--Sir, that it is improper in its own nature,
and inconsistent with our constitution, to lay any man under an
obligation to accuse himself, cannot be denied; it is, therefore,
evident, that some amendment is necessary to the clause before us.
I have, for this reason, drawn up an amendment, sir, which, if approved
by the committee, will, in my opinion, remove all the objections to this
part of the bill, and, by reconciling it with our natural and legal
rights, I hope, induce those to approve it, who have hitherto opposed
it.
I therefore propose, that these words should be substituted instead of
those which are the subject of the debate; or some other to this
purpose: _That no person shall be liable to be fined by virtue of this
act, unless a witness, being examined, shall make oath of the
misdemeanour or neglect_.
Thus the necessity of examining men upon oath in their own cause will be
entirely taken away; and, as the clause will then stand, there will
remain no suspicion of injustice, or oppression, because none can be
practised without the concurrence of many persons of different
interests.
[This clause, though agreed to in the committee, was at last rejected.]
Mr. Horace WALPOLE spoke next, to this effect:--Mr. Chairman, it does
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