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
This business of the three seals, by some means not quite fully
explained, but (as suspected by the parties) by means of the information
of Mr. Holwell, who soon after came home, was conveyed to the ears of
the Court of Directors. The Court of Directors wrote out, under date of
the 7th of October, 1761, within a little more than a year after this
extraordinary transaction, to this effect:--that, in conjunction with
the Nabob, Major Calliaud had signed a paper offering a reward of a lac
of rupees, or some such sum, to several black persons, for the
assassination of the Shahzada, or Prince heir-apparent,--which paper was
offered to the then Chief of Patna to sign, but which he refused on
account of the infamy of the measure. As it appeared in the same light
to them, the Directors, they ordered a strict inquiry into it. The India
Company, who here did their duty with apparent manliness and vigor, were
resolved, however, to do it with gentleness, and to proceed in a manner
that could not produce any serious mischief to the parties charged; for
they directed the commission of inquiry to the very clan and set of
people who, from a participation in their common offences, stood in awe
of one another,--in effect, to the parties in the transaction. Without a
prosecutor, without an impartial director of the inquiry, they left it
substantially to those persons to try one another for their common acts.
Here I come upon the principle which I wish most strongly to mark to
your Lordships: I mean collusive trials and collusive acquittals. When
this matter came to be examined, according to the orders of the Court,
which was on the 4th of October, 1762, the Council consisted of Peter
Maguire, Warren Hastings, and Hugh Watts. Mr. Hastings had by this time
accomplished the business of Resident with the Nabob, and had taken the
seat to which his seniority entitled him in Council. Here a difficulty
arose _in limine_. Mr. Hastings was represented to have acted as
interpreter in this business; he was therefore himself an object of the
inquisition; he was doubtful as evidence; he was disqualified as a
judge. It likewise appeared that there might be some objection to others
whose evidence was wanting, but who were themselves concerned in the
guilt. Mr. Lushington's evidence would be useful, but there were two
circumstances rather unlucky. First, he had put the seal to the
instrument of murder; and, secondly, and what was most material, he had
made an affidavit at Patna, whilst the affair was green and recent, that
he had done so; and in the same affidavit had deposed that Warren
Hastings was interpreter in that transaction. Here were difficulties
both on him and Mr. Hastings. The question was, how to get Mr. Hastings,
the interpreter, out of his interpretation, and to put him upon the seat
of judgment. It was effected, however, and the manner in which it was
effected was something curious. Mr. Lushington, who by this time was got
Public-domain text, read in full here on John Shaqi.
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