error, or madness, rather than believe that fact.
Why? Because it is totally alien to the character
of the persons, the situation, the circumstances,
and to all the rules of probability. But if,
on the contrary, the crime charged has a perfect relation
with the person, with his known conduct, with his known
habits, with the situation and circumstances of the
place that he is in, and with the very corrupt inherent
nature of the act that he does, then much less proof
than we are able to produce will serve; and according
to the nature and strength of the presumptions arising
from the inherent nature of a vicious principle and
vicious motives in the act, will be strengthened the
weakest evidence, or, if it comes to a sufficient
height, the whole burden of proof will be turned upon
the party accused. And thus we shall think ourselves
bound to show your Lordships, in every step of this
proceeding, that there is an inherent presumption
of corruption in every act. We shall show the
presumptions which preceded, we shall show the presumptions
which accompanied the proof; and these, with the subsequent
presumptions, will make it impossible to disbelieve
them. Such a body of proof was never given upon
any such occasion: and it is such proof as will
prevail against the whole voice of corruption, that
amazing, active, diligent, spreading voice, which
has been made, by buzzing in every part of this country,
sometimes to sound like the public voice; it will
put it to silence, by showing that your Lordships
have proceeded upon the strongest evidence, active
and passive.
First, Mr. Hastings received a positive order to seize
upon Mahomed Reza Khan. That order he executed
with a military promptitude of obedience, which will
show your Lordships what are the services which are
congenial to his own mind, and which find in him always
a ready acquiescence, a faithful agent, and a spirited
instrument in the execution. The very day after
he received the order, he sent up, privately, without
communicating with the Council, from whom he was not
ordered to keep this proceeding a secret,—he
sent up, and found that great and respectable man
and respectable magistrate, who was in all those high
offices which I have stated: and if I was to compare
them to circumstances and situations in this country,
I should say he had united in himself the character
of First Lord of the Treasury, the character of Chief-Justice,
the character of Lord High-Chancellor, and the character
of Archbishop of Canterbury: a man of great gravity,
dignity, and authority, and advanced in years; had
once 100,000_l._ a year for the support of his dignity,
and had at that time 50,000_l._ This man, sitting
in his garden, reposing himself after the toils of
his situation, (for he was one of the most laborious
men in the world,) was suddenly arrested, and, without
a moment’s respite, dragged down to Calcutta,
and there by Mr. Hastings (exceeding the orders of
the Company) confined near two years under a guard