The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 468 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12).

The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) eBook

This eBook from the Gutenberg Project consists of approximately 468 pages of information about The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12).
living does more homage to their learning, impartiality, and understanding than I do):  first, because the statement of the case has thrown the whole into confusion; and secondly, as to the matter added as an appendix, which gives the representation of the delinquent and omits the representation of his prosecutors, it is observed very properly and very wisely by one of the great men before whom this evidence was laid, that “the evidence, as it is here stated, is still more defective, if the appendix is adopted by the Directors and meant to make a part of the case; for that throws discredit upon all the information so collected.”  Certainly it does; for, if the delinquent party, who is to be prosecuted, be heard with his own representation of the case, and that of his prosecutors be suppressed, he is master both of the lawyers and of the mind of mankind.

My Lords, I have here attempted to point out the extreme inconsistencies and defects of this proceeding; and I wish your Lordships to consider, with respect to these proceedings of the India House in their prosecutions, that it is in the power of some of their officers to make statements in the manner that I have described, then to obtain the names of great lawyers, and under their sanction to carry the accused through the world as acquitted.

These are the material circumstances which will be submitted to your Lordships’ sober consideration in the course of this inquiry.  I have now stated them on these two accounts:  first, to rebut the reason which Mr. Hastings has assigned for not giving any satisfaction to the Court of Directors, namely, because they did not want it, having dropped a prosecution upon great authorities and opinions; and next, to show your Lordships how a business begun in bribery is to be supported only by fraud, deceit, and collusion, and how the receiving of bribes by a Governor-General of Bengal tends to taint the whole service from beginning to end, both at home and abroad.

But though upon the partial case that was presented to them these great lawyers did not advise a prosecution, and though even upon a full representation of a case a lawyer might think that a man ought not to be prosecuted, yet he may consider him to be the vilest man upon earth.  We know men are acquitted in the great tribunals in which several Lords of this country have presided, and who perhaps ought not to have been brought there and prosecuted before them, and yet about whose delinquency there could be no doubt.  But though we have here sufficient reason to justify the great lawyers whose names and authorities are produced, yet Mr. Hastings has extended that authority beyond the length of their opinions.  For, being no longer under the terror of the law, which, he said, restrained him from making his defence, he was then bound to give that satisfaction to his masters and the world which every man in honor is bound to do, when a grave accusation is brought against him.  But this business of the law I wish

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The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) from Project Gutenberg. Public domain.