The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But there was another great reason which should have induced him to do
this. One great lawyer, known to many of your Lordships, Mr. Sayer, a
very honest, intelligent man, who had long served the Company and well
knew their affairs, had given an opinion concerning Mr. Hastings's
conduct in stopping these prosecutions. There was an abstract question
put to Mr. Sayer, and other great lawyers, separated from many of the
circumstances of this business, concerning a point which incidentally
arose; and this was, whether Mr. Hastings, as Governor-General, had a
power so to dissolve the Council, that, if he declared it dissolved,
they could not sit and do any legal and regular act. It was a great
question with the lawyers at the time, and there was a difference of
opinion on it. Mr. Sayer was one of those who were inclined to be of
opinion that the Governor-General had a power of dissolving the Council,
and that the Council could not legally sit after such dissolution. But
what was his remark upon Mr. Hastings's conduct?--and you must suppose
his remark of more weight, because, upon the abstract question, he had
given his opinion in favor of Mr. Hastings's judgment. "The meeting of
the Council depends on the pleasure of the Governor; and I think the
duration of it must do so, too. But it was as great a crime to dissolve
the Council upon base and sinister motives as it would be to assume the
power of dissolving, if he had it not. I believe he is the first
Governor that ever dissolved a Council inquiring into his behavior, when
he was innocent. Before he could summon three Councils and dissolve
them, he had time fully to consider what would be the result of such
conduct, _to convince everybody, beyond a doubt, of his conscious
guilt_."
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