The Works of the Right Honourable Edmund Burke, Vol. 12 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 12 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
He follows this with something that is perfectly extraordinary: he
desires, instead of doing his duty, which he declares it is impossible
to do, that he may be invested with an arbitrary power. I refer your
Lordships to pages 2827, 2828, and 2829 of the printed Minutes, where
you will find the system of his government to be formed upon a
resolution not to use any one legal means of punishing corruption, or
for the prevention of corruption; all that he desires is, to have an
absolute arbitrary power over the servants of the Company. There you
will see that arbitrary power for corrupt purposes over the servants of
the Company is the foundation of every part of his whole conduct. Remark
what he says here, and then judge whether these inferences are to be
eluded by any chicane.
"In the charge of oppression, although supported by the cries of
the people and the most authentic representations, it is yet
impossible, in most cases, to obtain legal proofs of it; and unless
the discretionary power which I have recommended be somewhere
lodged, the assurance of impunity from any formal inquiry will
baffle every order of the board; as, on the other hand, the fear of
the consequences will restrain every man within the bounds of his
duty, if he knows himself liable to suffer by the effects of a
single control."
My Lords, you see two things most material for you to consider in the
judgment of this great cause, which is the cause of nations. The first
thing for you to consider is the declaration of the culprit at your bar,
that a person may be pursued by the cries of a whole people,--that
documents the most authentic and satisfactory, but deficient in
technical form, may be produced against him,--in short, that he may be
guilty of the most enormous crimes,--and yet that legal proofs may be
wanting. This shows you how seriously you ought to consider, before you
reject any proof upon the idea that it is not technical legal proof. To
this assertion of Mr. Hastings I oppose, however, the opinion of a
gentleman who sits near his side, Mr. Sumner, which is much more
probable.
Mr. Hastings says, that the power of the Council is not effectual
against the inferior servants, that [it?] is too weak to coerce them.
With much more truth Mr. Sumner has said, in his minute, you might
easily coerce the inferior servants, but that the dread of falling upon
persons in high stations discourages and puts an end to complaint. I
quote the recorded authority of the gentleman near him, as being of
great weight in the affairs of the Company, to prove what is infinitely
more probable, the falsehood of Mr. Hastings's assertion, that an
inferior servant cannot be coerced, and that they must riot with
impunity in the spoils of the people.
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