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
My Lords, I believe I need not say to great men of the profession, many
of the first ornaments of which I see before me, that they are very
little influenced in the seat of judgment by the opinions which they
have given in the chamber, and they are perfectly in the right: because
while in the chamber they hear but one part of the cause; it is
generally brought before them in a very partial manner, and they have
not the lights which they possess when they sit deliberately down upon
the tribunal to examine into it; and for this reason they discharge
their minds from every prejudice that may have arisen from a foregone
partial opinion, and come uninfluenced by it as to a new cause. This, we
know, is the glory of the great lawyers who have presided and do preside
in the tribunals of this country; but we know, at the same time, that
those opinions (which they in their own mind reject, unless supported
afterwards by clear and authentic testimony) do weigh upon the rest of
mankind at least: for it is impossible to separate the opinion of a
great and learned man from some consideration of the person who has
delivered that opinion.
Mr. Hastings, being conscious of this, and not fearing the tribunal
abroad for the reason that I gave you, namely, his belief that it was
not very adverse to him, and also knowing that the prosecution there was
dropped, had but one thing left for his consideration, which was, how he
should conflict with the tribunal at home: and as the prosecution must
originate from the Court of Directors, and be authorized by some great
law opinions, the great point with him was, some way or other, by his
party, I will not say by what means or circumstances, but by some party
means, to secure a strong interest in the executive part of the India
House. My Lords, was that interest used properly and fairly? I will not
say that friendship and partiality imply injustice; they certainly do
not; but they do not imply justice. The Court of Directors took up this
affair with great warmth; they committed it to their solicitor, and the
solicitor would naturally (as most solicitors do) draw up a case a
little favorably for the persons that employed him; and if there was any
leaning, which upon my word I do not approve in the management of any
cause whatever, yet, if there was a leaning, it must be a leaning for
the client.
Public-domain text, read in full here on John Shaqi.
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