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
It may be necessary that I should recall to your Lordships' recollection
the principles of the accusation and of the defence. Your Lordships will
bear in mind that the matters of fact are all either settled by
confession or conviction, and that the question now before you is no
longer an issue of fact, but an issue of law. The question is, what
degree of merit or demerit you are to assign by law to actions which
have been laid before you, and their truth acknowledged.
The principle being established that you are to decide upon an issue at
law, we examined by what law the prisoner ought to be tried; and we
preferred a claim which we do now solemnly prefer, and which we trust
your Lordships will concur with us in a laudable emulation to
establish,--a claim founded upon the great truths, that all power is
limited by law, and ought to be guided by discretion, and not by
arbitrary will,--that all discretion must be referred to the
conservation and benefit of those over whom power is exercised, and
therefore must be guided by rules of sound political morality.
We next contended, that, wherever existing laws were applicable, the
prisoner at your bar was bound by the laws and statutes of this kingdom,
as a British subject; and that, whenever he exercised authority in the
name of the Company, or in the name of his Majesty, or under any other
name, he was bound by the laws and statutes of this kingdom, both in
letter and spirit, so far as they were applicable to him and to his
case; and above all, that he was bound by the act to which he owed his
appointment, in all transactions with foreign powers, to act according
to the known recognized rules of the Law of Nations, whether these
powers were really or nominally sovereign, whether they were dependent
or independent.
The next point which we established, and which we now call to your
Lordships' recollection, is, that he was bound to proceed according to
the laws, rights, laudable customs, privileges, and franchises of the
country that he governed; and we contended that to such laws, rights,
privileges, and franchises the people of the country had a clear and
just claim.
Having established these points as the basis of Mr. Hastings's general
power, we contended that he was obliged by the nature of his relation,
as a servant to the Company, to be obedient to their orders at all
times, and particularly where he had entered into special covenants
regarding special articles of obedience.
These are the principles by which we have examined the conduct of this
man, and upon which we have brought him to your Lordships' bar for
judgment. This is our table of the law. Your Lordships shall now be
shown the table by which he claims to be judged. But I will first beg
your Lordships to take notice of the utter contempt with which he treats
all our acts of Parliament.
Public-domain text, read in full here on John Shaqi.
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