down upon the tribunal to examine into it; and for this reason they discharge their minds from every prejudice that may have arisen from a foregone partial opinion, and come uninfluenced by it as to a new cause.  This, we know, is the glory of the great lawyers who have presided and do preside in the tribunals of this country; but we know, at the same time, that those opinions (which they in their own mind reject, unless supported afterwards by clear and authentic testimony) do weigh upon the rest of mankind at least:  for it is impossible to separate the opinion of a great and learned man from some consideration of the person who has delivered that opinion.

Mr. Hastings, being conscious of this, and not fearing the tribunal abroad for the reason that I gave you, namely, his belief that it was not very adverse to him, and also knowing that the prosecution there was dropped, had but one thing left for his consideration, which was, how he should conflict with the tribunal at home:  and as the prosecution must originate from the Court of Directors, and be authorized by some great law opinions, the great point with him was, some way or other, by his party, I will not say by what means or circumstances, but by some party means, to secure a strong interest in the executive part of the India House.  My Lords, was that interest used properly and fairly?  I will not say that friendship and partiality imply injustice; they certainly do not; but they do not imply justice.  The Court of Directors took up this affair with great warmth; they committed it to their solicitor, and the solicitor would naturally (as most solicitors do) draw up a case a little favorably for the persons that employed him; and if there was any leaning, which upon my word I do not approve in the management of any cause whatever, yet, if there was a leaning, it must be a leaning for the client.

Now the counsel did not give a decided opinion against the prosecution, but upon the face of the case they expressed great doubts upon it; for, with such a strange, disorderly, imperfect, and confused case as was laid before them, they could not advise a prosecution; and in my opinion they went no further.  And, indeed, upon that case that went before them, I, who am authorized by the Commons to prosecute, do admit that a great doubt might lie upon the most deciding mind, whether, under the circumstances there stated, a prosecution could be or ought to be pursued.  I do not say which way my mind would have turned, upon that very imperfect state of the case; but I still allow so much to their very great ability, great minds, and sound judgment, that I am not sure, if it was res integra, I would not have rather hesitated myself (who am now here an accuser) what judgment to give.