Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
In truth, it is impossible to deny that impeachment, though it is a fine
ceremony, and though it may have been useful in the seventeenth century,
is not a proceeding from which much good can now be expected. Whatever
confidence may be placed in the decision of the Peers on an appeal
arising out of ordinary litigation, it is certain that no man has the
least confidence in their impartiality, when a great public functionary,
charged with a great state crime, is brought to their bar. They are all
politicians. There is hardly one among them whose vote on an impeachment
may not be confidently predicted before a witness has been examined;
and, even if it were possible to rely on their justice, they would still
be quite unfit to try such a cause as that of Hastings. They sit only
during half the year. They have to transact much legislative and much
judicial business. The law-lords, whose advice is required to guide
the unlearned majority, are employed daily in administering justice
elsewhere. It is impossible, therefore, that, during a busy session, the
Upper House should give more than a few days to an impeachment.
To expect that their Lordships would give up partridge-shooting, in
order to bring the greatest delinquent, to speedy justice, or to
relieve accused innocence by speedy acquittal, would be unreasonable
{134}indeed. A well constituted tribunal, sitting regularly six days
in the week, and nine hours in the day, would have brought the trial
of Hastings to a close in less than three months. The Lords had not
finished their work in seven years.
The result ceased to be matter of doubt, from the time when the Lords
resolved that they would be guided by the rules of evidence which are
received in the inferior courts of the realm. Those rules, it is well
known, exclude much information which would be quite sufficient to
determine the conduct of any reasonable man, in the most important
transactions of private life. These rules, at every assizes, save scores
of culprits whom judges, jury, and spectators, firmly believe to be
guilty. But when those rules were rigidly applied to offences committed
many years before, at the distance of many thousands of miles,
conviction was, of course, out of the question. We do not blame the
accused and his counsel for availing themselves of every legal advantage
in order to obtain an acquittal. But it is clear that an acquittal so
obtained cannot be pleaded in bar of the judgment of history.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account