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 speech I hope your Lordships consider as only pointing out to your
attention these particulars. Your Lordships will see it exemplified
throughout the whole, that, when there is evidence (for some evidence is
brought) that does belong to the lac and a half, it is entirely passed
by, the most material circumstances are weakened, the whole strength and
force of them taken away. Every one knows how true it is of evidence,
_juncta juvant_: but here everything is broken and smashed to pieces,
and nothing but disorder appears through the whole. For your Lordships
will observe that the proof that belongs to one thing is put as
belonging to another, and the proof of the other brought in a weak and
imperfect manner in the rear of the first, and with every kind of
observation to rebut and weaken it; and when this evidence is produced,
which appears inapplicable almost in all the parts, in many doubtful,
confused, and perplexed, and in some even contradictory, (which it will
be when the evidence to one thing is brought to apply and bear upon
another,) good hopes were entertained in consequence that that would
happen which in part did happen, namely, that the counsel, distracted
and confused, and finding no satisfaction in the case, could not advise
a prosecution.
But what is still more material and weighty, many particulars are
suppressed in this case, and still more in the report; and turning from
the case to the proceedings of the persons who are supposed to have the
management of the inquiry, they bring forward, as an appendix to this
case, Mr. Hastings's own invectives and charge against these persons, at
the very same time that they suppress and do not bring forward, either
in the charge or upon the report, what the other party have said in
their own justification. The consequence of this management was, that a
body of evidence which would have made this case the clearest in the
world, and which I hope we shall make to appear so to your Lordships,
was rendered for the most part inapplicable, and the whole puzzled and
confused: I say, for the most part, for some parts did apply, but
miserably applied, to the case. From their own state of the case they
would have it inferred that the fault was not in their way of
representing it, but in the infirmity, confusion, and disorder of the
proofs themselves; but this, I trust we shall satisfy you, is by no
means the case. I rest, however, upon the proof of partiality in this
business, of the imposition upon the counsel, whether designed or not,
and of the bias given by adding an appendix with Mr. Hastings's own
remarks upon the case, without giving the reasons of the other parties
for their conduct. Now, if there was nothing else than the fallacious
recital, and afterwards the suppression, I believe any rational and
sober man would see perfect, good, and sufficient ground for laying
aside any authority that can be derived from the opinions of persons,
Public-domain text, read in full here on John Shaqi.
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