The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The third object was a new judicial arrangement, the chief purpose of
which was to form a strong and solid security for the natives against
the wrongs and oppressions of British subjects resident in Bengal. An
operose and expensive establishment of a Supreme Court was made, and
charged upon the revenues of the country. The charter of justice was by
the act left to the crown, as well as the appointment of the
magistrates. The defect in the institution seemed to be this,--that no
rule was laid down, either in the act or the charter, by which the court
was to judge. No descriptions of offenders or species of delinquency
were properly ascertained, according to the nature of the place, or to
the prevalent mode of abuse. Provision was made for the administration
of justice in the remotest part of Hindostan as if it were a province in
Great Britain. Your Committee have long had the constitution and conduct
of this court before them, and they have not yet been able to discover
very few instances (not one that appears to them of leading importance)
of relief given to the natives against the corruptions or oppressions of
British subjects in power,--though they do find one very strong and
marked instance of the judges having employed an unwarrantable extension
or application of the municipal law of England, to destroy a person of
the highest rank among those natives whom they were sent to protect. One
circumstance rendered the proceeding in this case fatal to all the good
purposes for which the court had been established. The sufferer (the
Rajah Nundcomar) appears, at the very time of this extraordinary
prosecution, a discoverer of some particulars of illicit gain then
charged upon Mr. Hastings, the Governor-General. Although in ordinary
cases, and in some lesser instances of grievance, it is very probable
that this court has done its duty, and has been, as every court must be,
of some service, yet one example of this kind must do more towards
deterring the natives from complaint, and consequently from the means
of redress, than many decisions favorable to them, in the ordinary
course of proceeding, can do for their encouragement and relief. So far
as your Committee has been able to discover, the court has been
generally terrible to the natives, and has distracted the government of
the Company without substantially reforming any one of its abuses.
Public-domain text, read in full here on John Shaqi.
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