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
Now here is a compact of iniquity between these two duumvirs. They each
give to the other the full, complete, and perfect powers of the
government; and in order to secure themselves against any obstacles that
might arise, they mutually engage to ratify each other's acts: and they
say this is not illegal, because Lord Cornwallis has had such a
deputation. I must first beg leave to observe that no man can justify
himself in doing any illegal act by its having been done by another;
much less can he justify his own illegal act by pleading an act of the
same kind done subsequently to his act, because the latter may have been
done in consequence of his bad example. Men justify their acts in two
ways,--by law and by precedent; the former asserts the right, the latter
presumes it from the example of others. But can any man justify an act,
because ten or a dozen years after another man has done the same thing?
Good heavens! was there ever such a doctrine before heard? Suppose Lord
Cornwallis to have done wrong; suppose him to have acted illegally; does
that clear the prisoner at your bar? No: on the contrary, it aggravates
his offence; because he has afforded others an example of corrupt and
illegal conduct. But if even Lord Cornwallis had preceded, instead of
following him, the example would not have furnished a justification.
There is no resemblance in the cases. Lord Cornwallis does not hold his
government by the act of 1773, but by a special act made afterwards; and
therefore to attempt to justify acts done under one form of appointment
by acts done under another form is to the last degree wild and absurd.
Lord Cornwallis was going to conduct a war of great magnitude, and was
consequently trusted with extraordinary powers. He went in the two
characters of governor and commander-in-chief; and yet the legislature
was sensible of the doubtful validity of a Governor-General's carrying
with him the whole powers of the Council. But Mr. Hastings was not
commander-in-chief, when he assumed the whole military as well as civil
power. Lord Cornwallis, as I have just said, was not only
commander-in-chief, but was going to a great war, where he might have
occasion to treat with the country powers in a civil capacity; and yet
so doubtful was the legislature upon this point, that they passed a
special act to confirm that delegation, and to give him a power of
acting under it.
Public-domain text, read in full here on John Shaqi.
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