The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Mr. Hastings has no refuge here. Let him run from law to law; let him
fly from the common law and the sacred institutions of the country in
which he was born; let him fly from acts of Parliament, from which his
power originated; let him plead his ignorance of them, or fly in the
face of them. Will he fly to the Mahomedan law? That condemns him. Will
he fly to the high magistracy of Asia to defend taking of presents?
Padishah and the Sultan would condemn him to a cruel death. Will he fly
to the Sophis, to the laws of Persia, or to the practice of those
monarchs? I cannot utter the pains, the tortures, that would be
inflicted on him, if he were to govern there as he has done in a British
province. Let him fly where he will, from law to law; law, I thank God,
meets him everywhere, and enforced, too, by the practice of the most
impious tyrants, which he quotes as if it would justify his conduct. I
would as willingly have him tried by the law of the Koran, or the
Institutes of Tamerlane, as on the common law or statute law of this
kingdom.
The next question is, whether the Gentoo laws justify arbitrary power:
and if he finds any sanctuary there, let him take it, with the cow in
the pagoda. The Gentoos have a law which positively proscribes in
magistrates any idea of will,--a law with which, or rather with extracts
of it, that gentleman himself has furnished us. These people in many
points are governed by their own ancient written law, called the
_Shaster_. Its interpreters and judges are the _Pundits_. This law is
comprehensive, extending to all the concerns of life, affording
principles and maxims and legal theories applicable to all cases, drawn
from the sources of natural equity, modified by their institutions, full
of refinement and subtilty of distinction equal to that of any other
law, and has the grand test of all law, that, wherever it has prevailed,
the country has been populous, flourishing, and happy.
Upon the whole, then, follow him where you will, let him have Eastern or
Western law, you find everywhere arbitrary power and peculation of
governors proscribed and horribly punished,--more so than I should ever
wish to punish any, the most guilty, human creature. And if this be the
case, as I hope and trust it has been proved to your Lordships, that
there is law in these countries, that there is no delegation of power
which exempts a governor from the law, then I say at any rate a British
governor is to answer for his conduct, and cannot be justified by wicked
examples and profligate practices.
Public-domain text, read in full here on John Shaqi.
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