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
I must beg your Lordships to keep in mind that the greater part of the
observations with which I shall trouble you have a reference to the
_principles_ upon which this man acts; and I beseech you to remember
always that you have before you a question and an issue of law; I
beseech you to consider what it is that you are disposing of,--that you
are not merely disposing of this man and his cause, but that you are
disposing of the laws of your country.
You, my Lords, have made, and we have made, an act of Parliament in
which the Council at Calcutta is vested with a special power, distinctly
limited and defined. He says, "My authority is absolute. I defy the
orders of the Court of Directors, because it is necessary for me to show
that I can disregard them, as a signal of my own authority." He supposes
his authority gone while he obeys the laws; but, says he, "the moment I
got rid of the bonds and barriers of the laws," (as if there had been
some act of violence and usurpation that had deprived him of his
rightful powers,) "I was restored to my own authority." What is this
authority to which he is restored? Not an authority vested in him by the
East India Company; not an authority sanctioned by the laws of this
kingdom. It is neither of these, but the authority of Warren Hastings;
an inherent divine right, I suppose, which he has thought proper to
claim as belonging to himself; something independent of the laws,
something independent of the Court of Directors, something independent
of his brethren of the Council. It is "my own authority."
And what is the signal by which you are to know when this authority is
restored? By his obedience to the Court of Directors?--by his attention
to the laws of his country?--by his regard to the rights of the people?
No, my Lords, no: the notification of the restoration of this authority
is a formal disobedience of the orders of the Court of Directors. When
you find the laws of the land trampled upon, and their appointed
authority despised, then you may be sure that the authority of the
prisoner is reestablished.
Public-domain text, read in full here on John Shaqi.
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