the publick security; and as it is evident, that crimes
cannot be punished unless they are detected, it must be allowed, that
the discovery of wicked measures ought to be, in a very great degree,
the care of those who are intrusted with the government of the nation;
nor can they better discharge their trust, than by defeating the
artifices of intrigue, and blocking up the retreats of guilt.
This, likewise, my lords, is admitted with such restrictions as seem
intended to preclude any advantage that might be drawn from the
appearance of a concession; for it is urged, that guilt is not to be
detected by any methods which are not just, and that no methods are just
which are not usual.
The first position, my lords, I have no intention to controvert; as it
is not to violate justice, but to preserve it from violation, that this
bill has been projected or defended. But, my lords, it is to be
observed, that they who so warmly recommend the strictest adherence to
justice, seem not fully to understand the duty which they urge. To do
justice, my lords, is to act with impartiality, to banish from the mind
all regard to personal motives, and to consider every question in its
whole extent, without suffering the attention to be restrained to
particular circumstances, or the judgment to be obstructed by partial
affection.
This rule, my lords, seems not to have been very carefully observed, by
the most vehement advocates for justice in the case before us; for they
appear not to be solicitous that any should receive justice, but the
person mentioned in the bill; they do not remember, that the publick has
cried out for justice more than twenty years; for justice, which has not
yet been obtained, and which can be obtained only by the method now
proposed.
It is necessary, my lords, for those who are so watchful against the
breach of justice, to prove that any means can be unjust which have no
other tendency than the detection of wickedness, of wickedness too
artful or too powerful to be punished by the common rules of law.
The introduction of new methods of prosecution, is the natural
consequence of new schemes of villany, or new arts of evasion; nor is it
necessary that precedents should be produced, when the wisdom of the
legislature concurs in acknowledging the necessity of extraordinary
measures. Though our constitution is in the highest degree excellent, I
never yet heard that it was perfect, and whatever is not perfect may b
|