The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 475 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 475 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12).

The majority, however, pressed their point; and notwithstanding his opposition to all inquiry, as he was supported only by Mr. Barwell, the question for it was carried.  He was then desired to name a day for the appearance of the accuser, and the institution of the inquiry.  Though baffled in his attempt to stop the inquiry in the first stage, Mr. Hastings made a second stand.  He seems here to have recollected something inherent in his own office, that put the matter more in his power than at first he had imagined; for he speaks in a positive and commanding tone:  “I will not,” says his minute, “name a day for Mir Zin ul ab Dien to appear before the board; nor will I suffer him to appear before the board.”

The question for the inquiry had been carried; it was declared fit to inquire; but there was, according to him, a power which might prevent the appearance of witnesses.  On the general policy of obstructing such inquiries, Mr. Francis, on a motion to that effect, made a sound remark, which cannot fail of giving rise to very serious thoughts:  “That, supposing it agreed among ourselves that the board shall not hear any charges or complaints against a member of it, a case or cases may hereafter happen, in which, by a reciprocal complaisance to each other, our respective misconduct may be effectually screened from inquiry; and the Company, whose interest is concerned, or the parties who may have reason to complain of any one member individually, may be left without remedy.”

Mr. Barwell was not of the opinion of that gentleman, nor of the maker of the motion, General Clavering, nor of Mr. Monson, who supported it.  He entertains sentiments with regard to the orders of the Directors in this particular perfectly correspondent with those which he had given against the original inquiry.  He says, “Though it may in some little degree save the Governor-General from personal insult, where there is no judicial power lodged, that of inquisition can never answer any good purpose.”  This is doctrine of a most extraordinary nature and tendency, and, as your Committee conceive, contrary to every sound principle to be observed in the constitution of judicatures and inquisitions.  The power of inquisition ought rather to be wholly separated from the judicial, the former being a previous step to the latter, which requires other rules and methods, and ought not, if possible, to be lodged in the same hands.  The rest of his minute (contained in the Appendix) is filled with a censure on the native inhabitants, with reflections on the ill consequences which would arise from an attention to their complaints, and with an assertion of the authority of the Supreme Court, as superseding the necessity and propriety of such inquiries in Council.  With regard to his principles relative to the natives and their complaints, if they are admitted, they are of a tendency to cut off the very principle of redress.  The existence of the Supreme Court, as a means of relief to the natives

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The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12) from Project Gutenberg. Public domain.