With respect to the first, by which it is required, that there be a
known and manifest crime, it does not appear to have engaged the least
attention in the other house; for no fact is specified in the bill, upon
which a prosecution can be founded, and, therefore, to inquire after
evidence is somewhat preposterous; it is nothing less than to invite men
to give their opinion without a subject, and to answer without a
question.
It may be urged, indeed, that there is a universal discontent over the
whole nation; that the clamour against the person mentioned in the bill,
has been continued for many years; that the influence of the nation is
impaired in foreign countries; that our treasury is exhausted; that our
liberties have been attacked, our properties invaded, and our morals
corrupted; but these are yet only rumours, without proof, and without
legal certainty; which may, indeed, with great propriety give occasion
to an inquiry, and, perhaps, by that inquiry some facts may be
ascertained which may afford sufficient reasons for farther procedure.
But such, my lords, is the form of the bill now before us, that if it
should pass into a statute, it would, in my opinion, put a stop to all
future inquiry, by making those incapable of giving evidence, who have
had most opportunities of knowing those transactions, which have given
the chief occasion of suspicion, and from whom, therefore, the most
important information must naturally be expected.
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