My design in
referring you to this author is to prove that Cheyt Sing, so far from
being blamable in raising objections to the unauthorized demand made
upon him by Mr. Hastings, was absolutely bound to do so; nor could he
have done otherwise, without hazarding the whole benefit of the
agreement upon which his subjection and protection were founded. The law
is the same with respect to both contracting parties: if the protected
or protector does not fulfil with fidelity _each his separate
stipulation_, the protected may resist the unauthorized demand of the
protector, or the protector is discharged from his engagement; he may
refuse protection, and declare the treaty broken.
We contend in favor of Cheyt Sing, in support of the principles of
natural equity, and of the Law of Nations, which is the birthright of us
all,--we contend, I say, that Cheyt Sing would have established, in the
opinions of the best writers on the Law of Nations, a precedent against
himself for any future violation of the engagement, if he submitted to
any new demand, without what our laws call a continual claim or
perpetual remonstrance against the imposition. Instead, therefore, of
doing that which was criminal, he did that which his safety and his duty
bound him to do; and for doing this he was considered by Mr.
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