security of private property, may be very rationally and justly adopted
by the legislature for the preservation of the happiness and the
property of the publick.
The punishment of wickedness, my lords, is undoubtedly one of the
essential parts of good government, and, in reality, the chief purpose
for which society is instituted; for how will that society in which any
individual may be plundered, enslaved, and murdered, without redress and
without punishment, differ from the state of corrupt nature, in which
the strongest must be absolute, and right and power always the same?
That constitution, therefore, which has not provided for the punishment,
and previously for the discovery of guilt, is so far in a state of
imperfection, and requires to be strengthened by new provisions. This,
my lords, is far from being our state, for we have in our hands a method
of detecting the most powerful criminals, a method in itself agreeable
to reason, recommended by the practice of our predecessors, and now
approved, once more, by the sanction of one of the branches of the
legislature.
The objections which have, on this occasion, been made against it, are
such as no law can escape, and which, therefore, can have no weight; and
it is no small confirmation of the expediency of it, that they by whom
it has been opposed have not been able to attack it with stronger
reasons, from which, if we consider their abilities, we shall be
convinced, that nothing has secured it but the power of truth.
It is inquired, by the noble lord, how we shall distinguish true from
false evidence; to which it may be very readily answered, that we shall
distinguish them by the same means as on any other occasion, by
comparing the allegations, and considering how every witness agrees with
others and with himself, how far his assertions are in themselves
probable, how they are confirmed or weakened by known circumstances, and
how far they are invalidated by the contrary evidence.
We shall, my lords, if we add our sanction to this bill, discover when
any man's accusation is prompted by his interest, as we might know
whether it was dictated by his malice.
It has been asked also, how any man can ascertain his claim to the
indemnity? To which it may be easily replied, that by giving his
evidence he acquires a right, till that evidence shall be proved to be
false.
The noble lord who spoke some time ago, and whose abilities and
qualities are such, that I
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