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
We do not bring forward this book as evidence of guilt or innocence, but
to show the laws and usages of the country, and to prove the prisoner's
knowledge of them.
From the Gentoo we will proceed to the Tartarian government of India, a
government established by conquest, and therefore not likely to be
distinguished by any marks of extraordinary mildness towards the
conquered. The book before me will prove to your Lordships that the head
of this government (who is falsely supposed to have a despotic
authority) is absolutely elected to his office. Tamerlane was elected;
and Genghis Khan particularly valued himself on improving the laws and
institutions of his own country. These laws we only have imperfectly in
this book; but we are told in it, and I believe the fact, that he
forbade, under pain of death, any prince or other person to presume to
cause himself to be proclaimed Great Khan or Emperor, without being
first duly elected by the princes lawfully assembled in general diet. He
then established the privileges and immunities granted to the
Tunkawns,--that is, to the nobility and gentry of the country,--and
afterwards published most severe ordinances against governors who failed
in doing their duty, but principally against those who commanded in far
distant provinces. This prince was in this case, what I hope your
Lordships will be, a very severe judge of the governors of countries
remote from the seat of the government.
My Lords, we have in this book sufficient proof that a Tartarian
sovereign could not obtain the recognition of ancient laws, or establish
new ones, without the consent of his parliament; that he could not
ascend the throne without being duly elected; and that, when so elected,
he was bound to preserve the great in all their immunities, and the
people in all their rights, liberties, privileges, and properties. We
find these great princes restrained by laws, and even making wise and
salutary regulations for the countries which they conquered. We find
Genghis Khan establishing one of his sons in a particular
office,--namely, conservator of those laws; and he has ordered that they
should not only be observed in his time, but by all posterity; and
accordingly they are venerated at this time in Asia. If, then, this very
Genghis Khan, if Tamerlane, did not assume arbitrary power, what are you
to think of this man, so bloated with corruption, so bloated with the
insolence of unmerited power, declaring that the people of India have no
rights, no property, no laws,--that he could not be bound even by an
English act of Parliament,--that he was an arbitrary sovereign in India,
and could exact what penalties he pleased from the people, at the
expense of liberty, property, and even life itself? Compare this man,
this compound of pride and presumption, with Genghis Khan, whose
conquests were more considerable than Alexander's, and yet who made the
laws the rule of his conduct; compare him with Tamerlane, whose
Institutes I have before me.
Public-domain text, read in full here on John Shaqi.
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