[The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12) by Edmund Burke]@TWC D-Link book
The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12)

PART IX
168/219

And as this plea is boldly avowed and maintained, and as, no doubt, all his conduct was perfectly correspondent to these principles, the principles and the conduct must be tried together.
If your Lordships will now permit me, I will state one of the many places in which he has avowed these principles as the basis and foundation of all his conduct.

"The sovereignty which they assumed, it fell to my lot, very unexpectedly, to exert; and whether or not such power, or powers of that nature, were delegated to me by any provisions of any act of Parliament, I confess myself too little of a lawyer to pronounce.

I only know that the acceptance of the sovereignty of Benares, &c., is not acknowledged or admitted by any act of Parliament; and yet, by the particular interference of the majority of the Council, the Company is clearly and indisputably seized of that sovereignty." So that this gentleman, because he is not a lawyer, nor clothed with those robes which distinguish, and well distinguish, the learning of this country, is not to know anything of his duty; and whether he was bound by any, or what act of Parliament, is a thing he is not lawyer enough to know! Now, if your Lordships will suffer the laws to be broken by those who are not of the long robe, I am afraid those of the long robe will have none to punish but those of their own profession.

He therefore goes to a law he is better acquainted with,--that is, the law of arbitrary power and force, if it deserves to be called by the name of law.

"If, therefore," says he, "the _sovereignty_ of Benares, as ceded to us by the Vizier, have _any rights whatever_ annexed to it, and be not a mere empty word without meaning, those rights must be such as are held, countenanced, and established by the law, custom, and usage of the Mogul empire, and not by the provisions of any British act of Parliament hitherto enacted.


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