So far as any laws fortify this primeval law, and give it more precision, more energy, more effect by their declarations, such laws enter into the sanctuary, and participate in the sacredness of its character.
Edmund Burke
The Public Record
Edmund Burke was an Anglo-Irish writer, philosopher, and politician who is widely credited as the founder of the cultural and political philosophy of conservatism. Regarded as one of the most influential conservative thinkers and political writers of the 18th century, Burke spent the majority of his career in Great Britain and was elected as a member of Parliament (MP) from 1766 to 1794 in the House of Commons of Great Britain with the Whig Party. His writings played a significant role in influencing public views and opinions in both Great Britain and France following the French Revolution in 1789, and he remains a major figure in modern conservative circles.
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There is but one law for all, namely, that law which governs all law, the law of our Creator, the law of humanity, justice, equity,--the Law of Nature and of Nations.
The law is the security of the people of England; it is the security of the people of India; it is the security of every person that is governed, and of every person that governs.
Nobles have violated the law: their privileges have not protected them from punishment.
When a man is to defend himself against a charge of crime, it is not instances of similar violation of law that is to be the standard of his defence.
But, my Lords, we all know that there has been arbitrary power in India,--that tyrants have usurped it,--and that, in some instances, princes otherwise meritorious have violated the liberties of the people, and have been lawfully deposed…
Hastings's conduct might have convinced me of the existence of arbitrary power, and have taught me much of its mischief.
Our design, my Lords, in making such references, is not merely to disprove the prisoner's defence, but to vindicate the rights and privileges of the people of India.
We have not accused him of the vices of conquerors: when we see him signalized by any conquests, we may then make such an accusation; at present we say that he has been trusted with power much beyond his deserts, and that trust he has…
When God Almighty chose to humble the pride and presumption of Pharaoh, and to bring him to shame, He did not effect His purpose with tigers and lions; but He sent lice, mice, frogs, and everything loathsome and contemptible, to pollute…
We know that a swarm of locusts, although individually despicable, can render a country more desolate than Genghis Khân or Tamerlane.
We have said that he, a fraudulent bullock-contractor, exalted to great and unmerited powers, can do more mischief than even all the tigers and lions in the world.
We have said that he has desolated countries by the same means that plagues of his description have produced similar desolations.
We never said he was a tiger and a lion: no, we have said he was a weasel and a rat.
Good God! that we should be under the necessity of proving, in this place, all these things, and of disproving that all India was given in slavery to this man!
I shall now proceed to show your Lordships that the people of India have a keen sense and feeling of disgrace and dishonor.
This man must be elected by the general consent of Mussulmans; he must be a protector of the person and property of his subjects; a right of resistance is directly established by law against him, and even the duty of resistance is insisted…
It is declared to be the common property of all Mahometans.
And so far from all property belonging to the sovereign, the public treasure does not belong to him.
The imposing of a tribute upon a Mussulman, without his previous consent, is impracticable.
In regard to punishments being arbitrary, I will, with your Lordships' permission, read a passage which will show you that the magistrate is a responsible person.
And yet there are, I am sure, at least a thousand eminent Mahometan writers upon law, who have written far more voluminous works than are known in the Common Law of England, and I verily believe more voluminous than the writings of the…
Will you believe, my Lords, that a people having no laws, no rights, no property, no honor, would be at the trouble of having so many writers on jurisprudence?
A great proportion of the people are Mahometans; and Mahometans are so far from having no laws or rights, that, when you name a Mahometan, you name a man governed by law and entitled to protection.
From the Tartarian I shall now proceed to the later Mahometan conquerors of Hindostan: for it is fit that I should show your Lordships the wickedness of pretending that the people of India have no laws or rights.
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