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
That your Lordships may be enabled to judge more fully of the nature of
this offence, let us see in what relation Cheyt Sing stood with the
Company. He was, my Lords, a person clothed with every one of the
attributes of sovereignty, under a direct stipulation that the Company
should not interfere in his internal government. The military and civil
authority, the power of life and death, the whole revenue, and the whole
administration of the law, rested in him. Such was the sovereignty he
possessed within Benares: but he was a subordinate sovereign dependent
upon a superior, according to the tenor of his compact, expressed or
implied. Now, having contended, as we still contend, that the Law of
Nations is the law of India as well as of Europe, because it is the law
of reason and the law of Nature, drawn from the pure sources of
morality, of public good, and of natural equity, and recognized and
digested into order by the labor of learned men, I will refer your
Lordships to Vattel, Book I. Cap. 16, where he treats of the breach of
such agreements, by the protector refusing to give protection, or the
protected refusing to perform his part of the engagement. My design in
referring you to this author is to prove that Cheyt Sing, so far from
being blamable in raising objections to the unauthorized demand made
upon him by Mr. Hastings, was absolutely bound to do so; nor could he
have done otherwise, without hazarding the whole benefit of the
agreement upon which his subjection and protection were founded. The law
is the same with respect to both contracting parties: if the protected
or protector does not fulfil with fidelity _each his separate
stipulation_, the protected may resist the unauthorized demand of the
protector, or the protector is discharged from his engagement; he may
refuse protection, and declare the treaty broken.
We contend in favor of Cheyt Sing, in support of the principles of
natural equity, and of the Law of Nations, which is the birthright of us
all,--we contend, I say, that Cheyt Sing would have established, in the
opinions of the best writers on the Law of Nations, a precedent against
himself for any future violation of the engagement, if he submitted to
any new demand, without what our laws call a continual claim or
perpetual remonstrance against the imposition. Instead, therefore, of
doing that which was criminal, he did that which his safety and his duty
bound him to do; and for doing this he was considered by Mr. Hastings as
being guilty of a great crime. In a paper which was published by the
prisoner in justification of this act, he considers the Rajah to have
been guilty of rebellious intentions; and he represents these acts of
contumacy, as he calls them, not as proofs of contumacy merely, but as
proofs of a settled design to rebel, and to throw off the authority of
that nation by which he was protected. This belief he declares on oath
to be the ground of his conduct towards Cheyt Sing.
Public-domain text, read in full here on John Shaqi.
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