The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Now we are to show your Lordships what Mr. Hastings's conduct was upon
all these occasions; and for this we mean to produce testimony recorded
in the Company's books, and authentic documents taken from the public
offices of that country. At the same time I do admit that there never
was a positive testimony that did not stand something in need of the
support of presumption: for, as we know that witnesses may be perjured,
and as we know that documents can be forged, we have recourse to a known
principle in the laws of all countries, that circumstances cannot lie;
and therefore, if the testimony that is given was ever so clear and
positive, yet, if it is contrary to the circumstances of the country, if
it is contrary to the circumstances of the facts to which it alludes, if
the deposition is totally adverse and alien to the characters of the
persons, then I will say, that, though the testimonies should be many,
though they should be consistent, and though they should be clear, yet
they will still leave some degree of hesitation and doubt upon every
mind timorous in the execution of justice, as every mind ought to be.
If, for instance, ten witnesses were to swear that the Chief-Justice of
England, that the Lord High-Chancellor, or the Archbishop of Canterbury,
was seen, in the robes of his function, at noonday, robbing upon the
highway, it is not the clearness, the weight, the authority of
testimonies, that could make me believe it; I should attribute it to any
cause, either corruption, mistake, error, or madness, rather than
believe that fact. Why? Because it is totally alien to the character of
the persons, the situation, the circumstances, and to all the rules of
probability. But if, on the contrary, the crime charged has a perfect
relation with the person, with his known conduct, with his known habits,
with the situation and circumstances of the place that he is in, and
with the very corrupt inherent nature of the act that he does, then much
less proof than we are able to produce will serve; and according to the
nature and strength of the presumptions arising from the inherent nature
of a vicious principle and vicious motives in the act, will be
strengthened the weakest evidence, or, if it comes to a sufficient
height, the whole burden of proof will be turned upon the party
accused. And thus we shall think ourselves bound to show your Lordships,
in every step of this proceeding, that there is an inherent presumption
of corruption in every act. We shall show the presumptions which
preceded, we shall show the presumptions which accompanied the proof;
and these, with the subsequent presumptions, will make it impossible to
disbelieve them. Such a body of proof was never given upon any such
occasion: and it is such proof as will prevail against the whole voice
of corruption, that amazing, active, diligent, spreading voice, which
has been made, by buzzing in every part of this country, sometimes to
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