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
In opposition to this assertion we first do positively deny that he or
the Company are the perfect representative of any sovereign power
whatever. They have certain rights by their charter, and by acts of
Parliament, but they have no other. They have their legal rights only,
and these do not imply any such thing as sovereign power. The
sovereignty of Great Britain is in the King; he is the sovereign of the
Lords and the sovereign of the Commons, individually and collectively;
and as he has his prerogative established by law, he must exercise it,
and all persons claiming and deriving under him, whether by act of
Parliament, whether by charter of the Crown, or by any other mode
whatever, all are alike bound by law, and responsible to it. No one can
assume or receive any power of sovereignty, because the sovereignty is
in the Crown, and cannot be delegated away from the Crown; no such
delegation ever took place, or ever was intended, as any one may see in
the act by which Mr. Hastings was nominated Governor. He cannot,
therefore, exercise that high supreme sovereignty which is vested by the
law, with the consent of both Houses of Parliament, in the King, and in
the King only. It is a violent, rebellious assumption of power, when Mr.
Hastings pretends fully, perfectly, and entirely to represent the
sovereign of this country, and to exercise legislative, executive, and
judicial authority, with as large and broad a sway as his Majesty,
acting with the consent of the two Houses of Parliament, and agreeably
to the laws of this kingdom. I say, my Lords, this is a traitorous and
rebellious assumption, which he has no right to make, and which we
charge against him, and therefore it cannot be urged in justification of
his conduct in any respect.
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