NOVEMBER 25, 1740.

The consideration of the corn bill was resumed; and it was particularly

debated from what time it should commence, which some of the members

were inclined to fix on the 9th day of the session, on which occasion

Mr. CAMPBELL spoke as follows:

Sir, that the laws may be observed by the nation without daily violence

and perpetual compulsion, that our determinations may be received with

reverence, and the regulations which we establish confirmed by the

concurrence of our constituents, it is necessary that we endeavour to

preserve their esteem, and convince them that the publick prosperity may

be safely trusted in our hands.

This confidence is to be gained as well in high stations, as in lower

conditions, by large assemblies, as by individuals, only by a constant

practice of justice, and frequent exertion of superiour wisdom. When any

man finds his friend oppressive and malicious, he naturally withdraws

his affections from him; when he observes him advancing absurd opinions,

and adhering to them with obstinacy incapable of conviction, he falls

unavoidably into a distrust of his understanding, and no longer pays any

deference to his advice, or considers his conduct as worthy of

imitation.

In the same manner, sir, if the legislative powers shall, in making

laws, discover that they regard any motives before the advantage of

their country, or that they pursue the publick good by measures

inadequate and ill-concerted, what can be expected from the people, but

that they should set up their own judgment in opposition to that of

their governours, make themselves the arbiters in all doubtful

questions, and obey or disregard the laws at discretion?

If this danger may arise from laws injudiciously drawn up, it may surely

be apprehended from a compliance with this proposal; a proposal that the

operation of the law should commence eleven days before the law itself

is in being.

I have, hitherto, sir, regarded it as a principle equally true in

politicks as in philosophy, that nothing _can act_ when it does _not

exist_; and I did not suspect that a position so evident would ever

stand in need of a proof or illustration.

We live, indeed, in an age of paradoxes, and have heard several notions

seriously defended, of which some would, not many years ago, have

condemned their abetter to a prison or a madhouse, and would have been

heard by the wisest of our ancestors with laughter or detestation; but I

did not expect that the most hardy innovator would have shocked my

understanding with a position like this, or have asserted that a law may

operate before it is made, or before it is projected.

That where there is no law there is no transgression, is a maxim not

only established by universal consent, but in itself evident and

undeniable; and it is, sir, surely no less certain, that where there is

no transgression there can be no punishment.

If a man may be punished, sir, by a law made after the fact, how can any

man conclude himself secure from the jail or the gibbet? A man may

easily find means of being certain that he has offended no law in being,

but that will afford no great satisfaction to a mind naturally timorous;

since a law hereafter to be made, may, if this motion be supposed

reasonable, take cognizance of his actions, and how he can know whether

he has been equally scrupulous to observe the future statutes of future

senates, he will find it very difficult to determine.

Mr. PELHAM rose, and spoke thus:--Sir, notwithstanding the absurdity

which the honourable gentleman imagines himself to have discovered in

this proposal, and which he must be confessed to have placed in a very

strong light, I am of opinion, that it may, with very little

consideration, be reconciled to reason and to justice, and that the wit

and satire that have been so liberally employed, will appear to have

been lost in the air, without use and without injury.

The operation of the law may, very properly, commence from the day on

which the embargo was laid by his majesty's proclamation, which surely

was not issued to no purpose, and which ought not to be disobeyed

without punishment.

Sir John BARNARD spoke next, to this effect:--Sir, I cannot but be

somewhat surprised, that a gentleman so long conversant in national

affairs, should not yet have heard or known the difference between a

proclamation and a penal law.

By a proclamation, his majesty may prevent, in some cases, what he

cannot punish; he may hinder the exportation of our corn by ordering

ships to be stationed at the entrance of our harbours; but if any should

escape with prohibited cargoes, he can inflict no penalties upon them at

their return.

To enforce this prohibition by the sanction of punishments is the

intention of the present bill, but a proclamation can make nothing

criminal, and it is unjust and absurd to punish an action which was

legal when it was done.

The law ought, sir, in my opinion, not to commence till time is allowed

for dispersing it to the utmost limits of this island; for as it is

unreasonable to punish without law, it is not more equitable to punish

by a law, of which, they who have unhappily broken it, could have no

intelligence.

A future day was agreed to.

The Works of Samuel Johnson, LL.D. Volume 10 Parlimentary Debates I · 第 10 / 41 题