My Lords, we have asserted in our charge that this delegation and
division of power was illegal. He invested _himself_ with this
authority; for _he_ was the majority in the Council: Mr. Wheler's
consent or dissent signifying nothing. He gave himself powers which the
act of Parliament did not give him. He went up to Benares with an
illegal commission, civil and military; and to prove this I shall beg
leave to read the provisions of the act of Parliament. I shall show what
the creature ought to be, by showing the law of the creator: what the
legislature of Great Britain meant that Governor Hastings should be, not
what he made himself.
[_Mr. Burke then read the seventh section of the act._]
Now we do deny that there is by this act given, or that under this act
there can be given, to the government of India, a power of dividing its
unity into two parts, each of which shall separately be a unity and
possess the power given to the whole. Yet, my Lords, an agreement was
made between him and Mr. Wheler, that he (Mr. Hastings) should have
every power, civil and military, in the upper provinces, and that Mr.
Wheler should enjoy equal authority in the lower ones.
Now, to show you that it is impossible for such an agreement to be
legal, we must refer you to the constitution of the Company's
government.
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