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
which all the wealth and power of all the states in the world cannot
restore to him. Undoubtedly the state ought not to be weighed against
justice; but it would be dreadful indeed, if causes of such importance
should be sacrificed to petty regulations, of mere secondary
convenience, not at all adapted to such concerns, nor even made with a
view to their existence. Your Committee readily adopts the opinion of
the learned Ryder, that it would be better, if there were no such rules,
than that there should be no exceptions to them. Lord Hardwicke declared
very properly, in the case of the Earl of Chesterfield against Sir
Abraham Janssen, "that political arguments, in the fullest sense of the
word, as they concerned the government of a nation, must be, and always
have been, of great weight in the consideration of this court. Though
there be no _dolus malus_ in contracts, with regard to other persons,
yet, if the rest of mankind are concerned as well as the parties, it
may be properly said, it regards the public utility."[76] Lord Hardwicke
laid this down in a cause of _meum et tuum_, between party and party,
where the public was concerned only remotely and in the example,--not,
as in this prosecution, when the political arguments are infinitely
stronger, the crime relating, and in the most eminent degree relating,
to the public.
One case has happened since the time which is limited by the order of
the House for this Report: it is so very important, that we think
ourselves justified in submitting it to the House without delay. Your
Committee, on the supposed rules here alluded to, has been prevented (as
of right) from examining a witness of importance in the case, and one on
whose supposed knowledge of his most hidden transactions the prisoner
had himself, in all stages of this business, as the House well knows,
endeavored to raise presumptions in favor of his cause. Indeed, it was
his principal, if not only justification, as to the _intention_, in many
different acts of corruption charged upon him. The witness to whom we
allude is Mr. Larkins. This witness came from India after your Committee
had closed the evidence of this House in chief, and could not be
produced before the time of the reply. Your Committee was not suffered
to examine him,--not, as they could find, on objections to the
particular question as improper, but upon some or other of the general
grounds (as they believe) on which Mr. Hastings resisted any evidence
from him. The party, after having resisted his production, on the next
sitting day admitted him, and by consent he was examined. Your
Committee entered a protest on the minutes in favor of their right. Your
Committee contended, and do contend, that, by the Law of Parliament,
whilst the trial lasts, they have full right to call new evidence, as
the circumstances may afford and the posture of the cause may demand it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account