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
security of private property, may be very rationally and justly adopted
by the legislature for the preservation of the happiness and the
property of the publick.
The punishment of wickedness, my lords, is undoubtedly one of the
essential parts of good government, and, in reality, the chief purpose
for which society is instituted; for how will that society in which any
individual may be plundered, enslaved, and murdered, without redress and
without punishment, differ from the state of corrupt nature, in which
the strongest must be absolute, and right and power always the same?
That constitution, therefore, which has not provided for the punishment,
and previously for the discovery of guilt, is so far in a state of
imperfection, and requires to be strengthened by new provisions.
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