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
We now submit to your Lordships' vindictive justice and condemnation
this recriminatory defence, in which every principle of justice has been
violated. And now I will ask your Lordships whether you would have
suffered such a procedure in the case of the prisoner at your bar. It
was asked by a person of great authority in this House, when we were
going to produce certain evidence against Mr. Hastings, (we do not say
whether we offered to produce it properly or improperly,--that is
another matter,)--we were asked, I say, whether our intentions of
producing that evidence had been communicated to Mr. Hastings. Had he
had an opportunity of cross-examining the witnesses who had given that
evidence? No, he added, that evidence must be rejected. Now I say to
your Lordships, upon the same ground, deal with the Begums as you dealt
with Mr. Hastings. Do not keep two weights and measures for different
persons in the same cause. You would not suffer such evidence to be
produced against him; you will not assuredly suffer such evidence to be
produced to you in his favor and against them.
My Lords, the cause between this man and these unfortunate women is at
last come into Westminster Hall; the cause is come to a solemn trial;
and we demand other witnesses and other kinds of proof than what these
affidavits furnish. My Lords, the persons who have been examined here
are almost all of them the same persons who made these affidavits; but
there is this material difference in their evidence: at your Lordships'
bar they sunk all those parts of their former evidence which criminated
the Nabob and Saadut Ali, and confined their testimony wholly to what
related to the Begums. We were obliged, by a cross-examination, to
squeeze out of them the disavowal of what they had deposed on the former
occasion. The whole of their evidence we leave to the judgment of your
Lordships, with these summary remarks: first, that they are the persons
who were to profit by their own wrong; they are the persons who had
seven months' arrears paid to them out of the money of these unfortunate
ladies; they are the persons who, to justify the revolt which they had
caused in the country by their robbery, charge their own guilt upon
others. The credibility of their evidence is therefore gone. But if it
were not affected by these circumstances, Mr. Hastings has put an end to
it by telling you that there is not one of them who is to be credited
upon his oath,--no, not in a court-martial; and can it, therefore, be
expected that in a case of peculation they will do otherwise than acquit
the party accused? He has himself laid before you the horrible state of
the whole service; your Lordships have it fresh in your memories, and
ringing in your ears. You have also heard from witnesses brought by Mr.
Hastings himself, that these soldiers committed misdemeanors of the very
same kind with those which we have stated. They ought not, therefore, to
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