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
It is possible that particular persons, in high judicial and political
situations, may, by force of an unusual strain of virtue, be placed far
above the influence of those circumstances which in ordinary cases are
known to make an impression on the human mind. But your Committee,
sensible that laws and public proceedings ought to be made for general
situations, and not for personal dispositions, are not inclined to have
any confidence in the effect of criminal proceedings, where no means are
provided for preventing a mutual connection, by dependencies, agencies,
and employments, between the parties who are to prosecute and to judge
and those who are to be prosecuted and to be tried.
Your Committee, in a former Report, have stated the consequences which
they apprehended from the dependency of the judges on the
Governor-General and Council of Bengal; and the House has entered into
their ideas upon this subject. Since that time it appears that Sir
Elijah Impey has accepted of the guardianship of Mr. Barwell's children,
and was the trustee for his affairs. There is no law to prevent this
sort of connection, and it is possible that it might not at all affect
the mind of that judge, or (upon his account) indirectly influence the
conduct of his brethren; but it must forcibly affect the minds of those
who have matter of complaint against government, and whose cause the
Court of Directors appear to espouse, in a country where the authority
of the Court of Directors has seldom been exerted but to be despised,
where the operation of laws is but very imperfectly understood, but
where men are acute, sagacious, and even suspicious of the effect of all
personal connections. Their suspicions, though perhaps not rightly
applied to every individual, will induce them to take indications from
the situations and connections of the prosecuting parties, as well as of
the judges. It cannot fail to be observed, that Mr. Naylor, the
Company's attorney, lived in Mr. Barwell's house; the late Mr. Bogle,
the Company's commissioner of lawsuits, owed his place to the patronage
of Mr. Hastings and Mr. Barwell, by whom the office was created for him;
and Sir John Day, the Company's advocate, who arrived in Bengal in
February, 1779, had not been four months in Calcutta, when Mr. Hastings,
Mr. Barwell, and Sir Eyre Coote doubled his salary, contrary to the
opinion of Mr. Francis and Mr. Wheler.
Public-domain text, read in full here on John Shaqi.
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