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 I put this to your Lordships: if a man is of opinion that no public
court can truly and properly bring him to any account for his conduct,
that the forms observable in courts are totally adverse to it, that
there is a general incompetency with regard to such a court, and yet
shuns a tribunal capable and competent, and applies to that which he
thinks is incapable and incompetent, does not that man plainly show that
he has rejected what he thinks will prove his guilt, and that he has
chosen what he thinks will be utterly insufficient to prove it? And if
this be the case, as he asserts it to be, with an under servant, think
what must be the case of the upper servant of all: for, if an inferior
servant is not to be brought to justice, what must be the situation of a
Governor-General? It is impossible not to see, that, as he had conceived
that a court of justice had not sufficient means to bring his crimes to
light and detection, nor sufficient to bring him to proper and adequate
punishment, therefore he flew to a court of justice, not as a place to
decide upon him, but as a sanctuary to secure his guilt. Most of your
Lordships have travelled abroad, and have seen in the unreformed
countries of Europe churches filled with persons who take sanctuary in
them. You do not presume that a man is innocent because he is in a
sanctuary: you know, that, so far from demonstrating his innocence, it
demonstrates his guilt. And in this case, Mr. Hastings flies not to a
court for trial, but as a sanctuary to secure him from it.
Let us just review the whole of his conduct; let us hear how Mr.
Hastings has proceeded with regard to this whole affair. The court of
justice dropped; the prosecution in Bengal ended. With Sir Elijah Impey
as chief-justice, who, as your Lordships have seen, had a most close and
honorable connection with the Governor-General, (all the circumstances
of which I need not detail to you, as it must be fresh in your
Lordships' memory,) he had not much to fear from the impartiality of the
court. He might be sure the forms of law would not be strained to do him
mischief; therefore there was no great terror in it. But whatever terror
there might be in it was overblown, because his colleagues refused to
carry him into it, and therefore that opportunity of defence is gone. In
Europe he was afraid of making any defence, but the prosecution here was
also soon over; and in the House of Commons he takes this ground of
justification for not giving any explanation, that the Court of
Directors had received perfect satisfaction of his innocence; and he
named persons of great and eminent character in the profession, whose
names certainly cannot be mentioned without highly imposing upon the
prejudices and weighing down almost the reason of mankind. He quotes
their opinions in his favor, and argues that the exculpation which they
give, or are supposed to give him, should excuse him from any further
explanation.
Public-domain text, read in full here on John Shaqi.
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