ory of the great lawyers who have presided and do preside
in the tribunals of this country; but we know, at the same time, that
those opinions (which they in their own mind reject, unless supported
afterwards by clear and authentic testimony) do weigh upon the rest of
mankind at least: for it is impossible to separate the opinion of a
great and learned man from some consideration of the person who has
delivered that opinion.

Mr. Hastings, being conscious of this, and not fearing the tribunal
abroad for the reason that I gave you, namely, his belief that it was
not very adverse to him, and also knowing that the prosecution there was
dropped, had but one thing left for his consideration, which was, how he
should conflict with the tribunal at home: and as the prosecution must
originate from the Court of Directors, and be authorized by some great
law opinions, the great point with him was, some way or other, by his
party, I will not say by what means or circumstances, but by some party
means, to secure a strong interest in the executive part of the India
House. My Lords, was that interest used properly and fairly? I will not
say that friendship and partiality imply injustice; they certainly do
not; but they do not imply justice. The Court of Directors took up this
affair with great warmth; they committed it to their solicitor, and the
solicitor would naturally (as most solicitors do) draw up a case a
little favorably for the persons that employed him; and if there was any
leaning, which upon my word I do not approve in the management of any
cause whatever, yet, if there was a leaning, it must be a leaning for
the client.

Now the counsel did not give a decided opinion against the prosecution,
but upon the face of the case they expressed great doubts upon it; for,
with such a strange, disorderly, imperfect, and confused case as was
laid before them, they could not advise a prosecution; and in my opinion
they went no further. And, indeed, upon that case that went before them,
I, who am authorized by the Commons to prosecute, do admit that a great
doubt might lie upon the most deciding mind, whether, under the
circumstances there stated, a prosecution could be or ought to be
pursued. I do not say which way my mind would have turned, upon that
very imperfect state of the case; but I still allow so much to their
very great ability, great minds, and sound judgment, that I am not sure,
if it was _res integra_, I would not have r