my lords, an inquiry appears, upon every supposition, useful and
necessary; but I cannot comprehend how it can be prosecuted by any other
method, than that of proposing an indemnity to those who shall make
discoveries. Every wicked measure, my lords, must involve in guilt all
who are engaged in it; and how easily it may be concealed from every
other person, may be shown by an example of a crime, which no man will
deny to have sometimes existed, and which, in the opinion of most, is
not very uncommon in this age.
It will be allowed, at least, that on some occasions, when a favourite
begins to totter, when strong objections are raised against the
continuance of a standing army, when a convention requires the
ratification of the legislature, or some fatal address is proposed to be
presented to the crown, a pecuniary reward may sometimes be offered, and
though that, indeed, be a supposition more difficult to be admitted,
sometimes, however rarely, accepted.
In this case, my lords, none but he that gives, and he that receives the
bribe can be conscious of it; at most, we can only suppose an
intervening agent to have any knowledge of it; and if even he is
admitted to the secret, so as to be able to make a legal discovery,
there must be some defect of cunning in the principals. Let us consider
from which of these any discovery can be probably expected, or what
reason can be alleged, for which either should expose himself to
punishment for the sake of ruining his associates.
It is, therefore, my lords, plain, from this instance, that without the
confession of some guilty person, no discovery can be made of those
crimes which are most detrimental to our happiness, and most dangerous
to our liberties. It is apparent that no man will discover his own
guilt; while there remains any danger of suffering by his confession, it
is certain that such crimes will be committed, if they are not
discouraged by the fear of punishment, and it cannot, therefore, be
denied that a proclamation of indemnity is necessary to their detection.
This, my lords, is not, as it has been alleged, a method unknown to our
constitution, as every man that reads the common papers will easily
discover. I doubt if there has been, for many years, a single month in
which some reward, as well as indemnity, has not been promised to any
man, who, having been engaged in a robbery, would discover his
confederates; and surely a method that is daily practised for the
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