e a
committee of the house of Lords, against the Bill of attainder on Lord
Edward's property:--
"I have been asked," said he, "by the committee, whether I have any
defensive evidence? I am confounded by such a question. Where is there a
possibility of obtaining defensive evidence? Where am I to seek it? I
have often, of late, gone to the dungeon of the captive, but never have
I gone to the grave of the dead, to receive instructions for his
defence; nor, in truth, have I ever before been at the trial of a dead
man! I offer, therefore, no evidence upon this inquiry, against the
perilous example of which I do protest on behalf of the public, and
against the cruelty and inhumanity and injustice of which I do protest
in the name of the dead father, whose memory is sought to be dishonored,
and of his infant orphans, whose bread is sought to be taken away. Some
observations, and but a few, upon the evidence of the informer I will
make. I do believe all he has admitted respecting himself. I do verily
believe him in that instance, even though I heard him assert it upon his
oath--by his own confession an informer, and a bribed informer--a man
whom respectable witnesses had sworn in a court of justice, upon their
oaths, not to be credible on his oath--a man upon whose single testimony
no jury ever did, or ever ought to pronounce a verdict of guilty--a kind
of man to whom the law resorts with abhorrence, and from necessity, in
order to set the criminal against the crime, but who is made use of for
the same reason that the most obnoxious poisons are resorted to in
medicine. If such be the man, look for a moment at his story. He
confines himself to mere conversation only, with a dead man! He ventures
not to introduce any third person, living or even dead! he ventures to
state no act whatever done. He wishes, indeed, to asperse the conduct of
Lady Edward Fitzgerald; but he well knew that, even were she in this
country, she could not be called as a witness to contradict him. See
therefore, if there be any one assertion to which credit can be given,
except this--that he has sworn and forsworn--that he is a traitor--that
he has received five hundred guineas to be an informer, and that his
general reputation is, to be utterly unworthy of credit."
He concludes thus:--"Every act of this sort ought to have a practical
morality flowing from its principle. If loyalty and justice require that
those children should be deprived of bread, must
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