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
"I am not sorry," says he, "that Mr. Johnson chose to defeat my
intentions; since it would have added to the Nabob's distresses, but
with no immediate relief to the Company. If, in his own breast, he can
view the secret motives of this transaction, and on their testimony
approve it, I also acquit him."
Merciful God! Here is a man accused by regular articles of impeachment.
The accuser declares he is morally certain that the money had been
received, but was prevented from being applied to its destination by the
person accused; and he acquits him. Does he acquit him from his own
knowledge, or from any evidence? No: but he applies to the man's
conscience, and says, "If you in your conscience can acquit yourself, I
acquit you."
Here, then, is a proceeding the most astonishing and shameless that
perhaps was ever witnessed: a court trying a man for a delinquency and
misapplication of money, destined, in the first instance, for the use of
the judge, but which he declares ought, in his own opinion, to be set
apart for the public use, and which he was desirous of applying to the
Company's service, without regard to his own interest, and then the
judge declaring he is not sorry that his purpose had been defeated by
the party accused. Instead, however, of censuring the accused, he
applies to the man's own conscience. "Does your conscience," says he,
"acquit you of having acted wrong?" The accused makes no reply; and then
Mr. Hastings, by an hypothetical conclusion, acquits him.
Mr. Hastings is accused by the Commons for that, having a moral
certainty of the money's being intended for his use, he would not have
ceased to inquire into the actual application of it but from some
corrupt motive and intention. With this he is charged. He comes before
you to make his defence. Mr. Middleton is in England. Does he call Mr.
Middleton to explain it here? Does he call upon Mr. Johnson, who was the
other day in this court, to account for it? Why did he not, when he sent
for these curious papers and testimonials to Major Palmer, (the person
authorized, as he pretends, by him, to resign all his pretensions to the
money procured,) send for Major Palmer, who is the person that accused
him in this business,--why not send for him to bear some testimony
respecting it? No: he had time enough, but at no one time and in no
place did he do this; therefore the imputation of the foulest corruption
attaches upon him, joined with the infamy of a collusive prosecution,
instituted for the sake of a collusive acquittal.
Public-domain text, read in full here on John Shaqi.
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