Having gone through this part of the prisoner's recriminatory charge, I
shall close my observations on his demeanor, and defer my remarks on his
complaint of our ingratitude until we come to consider his set-off of
services.
* * * * *
The next subject for your Lordships' consideration is the principle of
the prisoner's defence. And here we must observe, that, either by
confession or conviction, we are possessed of the facts, and perfectly
agreed upon the matter at issue between us. In taking a view of the laws
by which you are to judge, I shall beg leave to state to you upon what
principles of law the House of Commons has criminated him, and upon what
principles of law, or pretended law, he justifies himself: for these are
the matters at issue between us; the matters of fact, as I have just
said, being determined either by confession on his part or by proof on
ours.
My Lords, we acknowledge that Mr. Hastings was invested with
discretionary power; but we assert that he was bound to use that power
according to the established rules of political morality, humanity, and
equity. In all questions relating to foreign powers he was bound to act
under the Law of Nature and under the Law of Nations, as it is
recognized by the wisest authorities in public jurisprudence; in his
relation to this country he was bound to act according to the laws and
statutes of Great Britain, either in their letter or in their spirit;
and we affirm, that in his relation to the people of India he was bound
to act according to the largest and most liberal construction of their
laws, rights, usages, institutions, and good customs; and we furthermore
assert, that he was under an express obligation to yield implicit
obedience to the Court of Directors.
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