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
But though upon the partial case that was presented to them these great
lawyers did not advise a prosecution, and though even upon a full
representation of a case a lawyer might think that a man ought not to be
prosecuted, yet he may consider him to be the vilest man upon earth. We
know men are acquitted in the great tribunals in which several Lords of
this country have presided, and who perhaps ought not to have been
brought there and prosecuted before them, and yet about whose
delinquency there could be no doubt. But though we have here sufficient
reason to justify the great lawyers whose names and authorities are
produced, yet Mr. Hastings has extended that authority beyond the length
of their opinions. For, being no longer under the terror of the law,
which, he said, restrained him from making his defence, he was then
bound to give that satisfaction to his masters and the world which every
man in honor is bound to do, when a grave accusation is brought against
him. But this business of the law I wish to sleep from this moment, till
the time when it shall come before you; though I suspect, and have had
reason (sitting in committees in the House of Commons) to believe, that
there was in the India House a bond of iniquity, somewhere or other,
which was able to impose in the first instance upon the solicitor, the
guilt of which, being of another nature, I shall state hereafter, that
your Lordships may be able to discover through whose means and whose
fraud Mr. Hastings obtained these opinions.
If, however, all the great lawyers had been unanimous upon that
occasion, still it would have been necessary for Mr. Hastings to say, "I
cannot, according to my opinion, be brought to give an account in a
court of justice, and I have got great lawyers to declare, that, upon
the case laid before them, they cannot advise a prosecution; but now is
the time for me to come forward, and, being no longer in fear that my
defence may be turned against me, I will produce my defence for the
satisfaction of my masters and the vindication of my own character." But
besides this doubtful opinion (for I believe your Lordships will find it
no better than a doubtful opinion) given by persons for whom I have the
highest honor, and given with a strong censure upon the state of the
case, there were also some great lawyers, men of great authority in the
kingdom, who gave a full and decided opinion that a prosecution ought to
be instituted against him; but the Court of Directors decided otherwise,
they overruled those opinions, and acted upon the opinions in favor of
Mr. Hastings. When, therefore, he knew that the great men in the law
were divided upon the propriety of a prosecution, but that the Directors
had decided in his favor, he was the more strongly bound to enter into a
justification of his conduct.
Public-domain text, read in full here on John Shaqi.
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