The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
My Lords, we admit, you are the interpreters of your own rules and
orders. We likewise admit that our own honor may be affected by the
character of the evidence which we produce to you. But, my Lords, they
who withhold their defence, who suffer themselves, as they say, to be
cruelly criminated by unjust accusation, and yet will not permit the
evidence of their guilt or innocence to be produced, are themselves the
causes of the irrelevancy of all these matters. It cannot justly be
charged on us; for we have never offered any matter here which we did
not declare our readiness upon the spot to prove. Your Lordships did not
think fit to receive that proof. We do not now censure your Lordships
for your determination: that is not the business of this day. We refer
to your determination for the purpose of showing the falsehood of the
imputation which the prisoner has cast upon us, of having oppressed him
by delay and irrelevant matter. We refer to it in order to show that the
oppression rests with himself, that it is all his own.
Well, but Mr. Hastings complained also to the House of Commons. Has he
pursued the complaint? No, he has not; and yet this prisoner, and these
gentlemen, his learned counsel, have dared to reiterate their complaints
of us at your Lordships' bar, while we have always been, and still are,
ready to prove both the atrocious nature of the facts, and that they are
_referable_ to the prisoner at your bar. To this, as I have said before,
the prisoner has objected; this we are not permitted to do by your
Lordships: and therefore, without presuming to blame your
determination, I repeat, that we throw the blame directly upon himself,
when he complains that his private character suffers without the means
of defence, since he objects to the use of means of defence which are at
his disposal.
Having gone through this part of the prisoner's recriminatory charge, I
shall close my observations on his demeanor, and defer my remarks on his
complaint of our ingratitude until we come to consider his set-off of
services.
* * * * *
The next subject for your Lordships' consideration is the principle of
the prisoner's defence. And here we must observe, that, either by
confession or conviction, we are possessed of the facts, and perfectly
agreed upon the matter at issue between us. In taking a view of the laws
by which you are to judge, I shall beg leave to state to you upon what
principles of law the House of Commons has criminated him, and upon what
principles of law, or pretended law, he justifies himself: for these are
the matters at issue between us; the matters of fact, as I have just
said, being determined either by confession on his part or by proof on
ours.
Public-domain text, read in full here on John Shaqi.
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