The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
First, to speak of the process: we are to inform your Lordships, that,
besides that long previous deliberation of fourteen years, we examined,
as a preliminary to this proceeding, every circumstance which could
prove favorable to parties apparently delinquent, before we finally
resolved to prosecute. There was no precedent to be found in the
Journals, favorable to persons in Mr. Hastings's circumstances, that was
not applied to. Many measures utterly unknown to former Parliamentary
proceedings, and which, indeed, seemed in some degree to enfeeble them,
but which were all to the advantage of those that were to be prosecuted,
were adopted, for the first time, upon this occasion. In an early stage
of the proceeding, the criminal desired to be heard. He was heard; and
he produced before the bar of the House that insolent and unbecoming
paper which lies upon our table. It was deliberately given in by his own
hand, and signed with his own name. The Commons, however, passed by
everything offensive in that paper with a magnanimity that became them.
They considered nothing in it but the facts that the defendant alleged,
and the principles he maintained; and after a deliberation not short of
judicial, we proceeded with confidence to your bar.
So far as to the process; which, though I mentioned last in the line and
order in which I stated the objects of our selection, I thought it best
to dispatch first.
As to the crime which we chose, we first considered well what it was in
its nature, under all the circumstances which attended it. We weighed it
with all its extenuations and with all its aggravations. On that review,
we are warranted to assert that the crimes with which we charge the
prisoner at the bar are substantial crimes,--that they are no errors or
mistakes, such as wise and good men might possibly fall into, which may
even produce very pernicious effects without being in fact great
offences. The Commons are too liberal not to allow for the difficulties
of a great and arduous public situation. They know too well the
domineering necessities which frequently occur in all great affairs.
They know the exigency of a pressing occasion, which, in its precipitate
career, bears everything down before it,--which does not give time to
the mind to recollect its faculties, to reinforce its reason, and to
have recourse to fixed principles, but, by compelling an instant and
tumultuous decision, too often obliges men to decide in a manner that
calm judgment would certainly have rejected. We know, as we are to be
served by men, that the persons who serve us must be tried as men, and
with a very large allowance indeed to human infirmity and human error.
This, my Lords, we knew and we weighed before we came before you. But
the crimes which we charge in these articles are not lapses, defects,
errors of common human frailty, which, as we know and feel, we can allow
for. We charge this offender with no crimes that have not arisen from
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