Thoughts on the Present Discontents, and Speeches, etc. by Edmund Burke
page 116 of 151 (76%)
page 116 of 151 (76%)
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upon it you can have no public discussion of a public measure, which
is a point which even those who are most offended with the licentiousness of the press (and it is very exorbitant, very provoking) will hardly contend for. So far as to the first opinion, that the doctrine is right and needs no alteration. 2nd. The next is, that it is wrong, but that we are not in a condition to help it. I admit, it is true, that there are cases of a nature so delicate and complicated, that an Act of Parliament on the subject may become a matter of great difficulty. It sometimes cannot define with exactness, because the subject- matter will not bear an exact definition. It may seem to take away everything which it does not positively establish, and this might be inconvenient; or it may seem vice versa to establish everything which it does not expressly take away. It may be more advisable to leave such matters to the enlightened discretion of a judge, awed by a censorial House of Commons. But then it rests upon those who object to a legislative interposition to prove these inconveniences in the particular case before them. For it would be a most dangerous, as it is a most idle and most groundless, conceit to assume as a general principle, that the rights and liberties of the subject are impaired by the care and attention of the legislature to secure them. If so, very ill would the purchase of Magna Charta have merited the deluge of blood, which was shed in order to have the body of English privileges defined by a positive written law. This charter, the inestimable monument of English freedom, so long the boast and glory of this nation, would have been at once an instrument of our servitude, and a monument of our folly, if this principle were true. The thirty four confirmations would have been only so many repetitions of their absurdity, so many new links in |
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