The next plea urged by Mr. Hastings is conveniency. "It was
_convenient_," he says, "for me to do this." I answer, No person acting
with delegated power can delegate that power to another. _Delegatus non
potest delegare_ is a maxim of law. Much less has he a right to
supersede the law, and the principle of his own delegation and
appointment, upon any idea of convenience. But what was the conveniency?
There was no one professed object connected with Mr. Hastings's going up
to Benares which might not as well have been attained in Calcutta. The
only difference would have been, that in the latter case he must have
entered some part of his proceedings upon the Consultations, whether he
wished it or not. If he had a mind to negotiate with the Vizier, he had
a resident at his court, and the Vizier had a resident in Calcutta. The
most solemn treaties had often been made without any Governor-General
carrying up a delegation of civil and military power. If it had been
his object to break treaties, he might have broken them at Calcutta, as
he broke the treaty of Chunar. Is there an article in that treaty that
he might not as well have made at Calcutta? Is there an article that he
broke (for he broke them all) that he could not have broken at Calcutta?
So that, whether pledging or breaking the faith of the Company, he might
have done both or either without ever stirring from the Presidency.
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