Memoirs of the Life of the Rt. Hon. Richard Brinsley Sheridan — Volume 02 by Thomas Moore
page 51 of 425 (12%)
page 51 of 425 (12%)
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persons brought forward from the middle ranks of society into the very
van of political distinction and influence, on the other hand, in the sympathy and favor extended by the Court to the practical assertor of despotic principles, we trace the prevalence of that feeling, which, since the commencement of the late King's reign, has made the Throne the rallying point of all that are unfriendly to the cause of freedom. Again, in considering the conduct of the Crown Lawyers during the Trial--the narrow and irrational rules of evidence which they sought to establish--the unconstitutional control assumed by the Judges, over the decisions of the tribunal before which the cause was tried, and the refusal to communicate the reasons upon which those decisions were founded--above all, too, the legal opinions expressed on the great question relative to the abatement of an Impeachment by Dissolution, in which almost the whole body of lawyers [Footnote: Among the rest, Lord Erskine, who allowed his profession, on this occasion, to stand in the light of his judgment. "As to a Nisi-prius lawyer (said Burke) giving an opinion on the duration of an Impeachment--as well might a rabbit, that breeds six times a year, pretend to know any thing of the gestation of an elephant."] took the wrong, the pedantic, and the unstatesmanlike side of the question,--while in all these indications of the spirit of that profession, and of its propensity to tie down the giant Truth, with its small threads of technicality and precedent, we perceive the danger to be apprehended from the interference of such a spirit in politics, on the other side, arrayed against these petty tactics of the Forum, we see the broad banner of Constitutional Law, upheld alike by a Fox and a Pitt, a Sheridan and a Dundas, and find truth and good sense taking refuge from the equivocations of lawyers, in such consoling documents as the Report upon the Abuses of the Trial by Burke--a document which, if ever a reform of the English law should be attempted, will stand as a great guiding light to the adventurers in that heroic enterprise. |
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