The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
My Lords, we acknowledge that Mr. Hastings was invested with
discretionary power; but we assert that he was bound to use that power
according to the established rules of political morality, humanity, and
equity. In all questions relating to foreign powers he was bound to act
under the Law of Nature and under the Law of Nations, as it is
recognized by the wisest authorities in public jurisprudence; in his
relation to this country he was bound to act according to the laws and
statutes of Great Britain, either in their letter or in their spirit;
and we affirm, that in his relation to the people of India he was bound
to act according to the largest and most liberal construction of their
laws, rights, usages, institutions, and good customs; and we furthermore
assert, that he was under an express obligation to yield implicit
obedience to the Court of Directors. It is upon these rules and
principles the Commons contend that Mr. Hastings ought to have regulated
his government; and not only Mr. Hastings, but all other governors. It
is upon these rules that he is responsible; and upon these rules, and
these rules only, your Lordships are to judge.
My Lords, long before the Committee had resolved upon this impeachment,
we had come, as I have told your Lordships, to forty-five resolutions,
every one criminatory of this man, every one of them bottomed upon the
principles which I have stated. We never will nor can we abandon them;
and we therefore do not supplicate your Lordships upon this head, but
claim and demand of right, that you will judge him upon those
principles, and upon no other. If once they are evaded, you can have no
rule for your judgment but your caprices and partialities.
Having thus stated the principles upon which the Commons hold him and
all governors responsible, and upon which we have grounded our
impeachment, and which must be the grounds of your judgment, (and your
Lordships will not suffer any other ground to be mentioned to you,) we
will now tell you what are the grounds of his defence.
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