t, from the habits acquired by moving
within a circumscribed sphere, we may be induced rather to endeavor at
forcing Nature into that municipal circle than to enlarge the circle of
national justice to the necessities of the empire we have obtained.
This is the only thing which does create any doubt or difficulty in the
minds of sober people. But there are those who will not judge so
equitably. Where two motives, neither of them perfectly justifiable, may
be assigned, the worst has the chance of being preferred. If, from any
appearance of chicane in the court, justice should fail, all men will
say, better there were no tribunals at all. In my humble opinion, it
would be better a thousand times to give all complainants the short
answer the Dey of Algiers gave a British ambassador, representing
certain grievances suffered by the British merchants,--"My friend," (as
the story is related by Dr. Shaw,) "do not you know that my subjects are
a band of robbers, and that I am their captain?"--better it would be a
thousand times, and a thousand thousand times more manly, than an
hypocritical process, which, under a pretended reverence to punctilious
ceremonies and observances of law, abandons mankind without help and
resource to all the desolating consequences of arbitrary power. The
conduct and event of this cause will put an end to such doubts,
wherever they may be entertained. Your Lordships will exercise the great
plenary powers with which you are invested in a manner that will do
honor to the protecting justice of this kingdom, that will completely
avenge the great people who are subjected to it. You will not suffer
your proceedings to be squared by any rules but by their necessities,
and by that law of a common nature which cements them to us and us to
them. The reports to the contrary have been spread abroad with uncommon
industry; but they will be speedily refuted by the humanity, simplicity,
dignity, and nobleness of your Lordships' justice.
* * * * *
Having said all that I am instructed to say concerning the process which
the House of Commons has used, concerning the crimes which they have
chosen, concerning the criminal upon whom they attach the crimes, and
concerning the evidence which they mean to produce, I am now to proceed
to open that part of the business which falls to my share. It is rather
an explanation of the circumstances than an enforcement of the crimes.
Your Lordships
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