this may be corrupted into the arbitrary. But all good constitutions have established certain
fixed rules for the exercise of their functions, which they rarely or ever depart from, and
which rules form the security against that worst of evils, the government of will and force
instead of wisdom and justice.
But though the supreme power is in a situation resembling arbitrary, yet never was there
heard of in the history of the world, that is, in that mixed chaos of human wisdom and folly,
such a thing as an intermediate arbitrary power,—that is, of an officer of government who
is to exert authority over the people without any law at all, and who is to have the benefit of
all laws, and all forms of law, when he is called to an account. For that is to let a wild beast
(for such is a man without law) loose upon the people to prey on them at his pleasure,
whilst all the laws which ought to secure the people against the abuse of power are
employed to screen that abuse against the cries of the people.
This is de facto the state of our Indian government. But to establish it so in right as well as
in fact is a thing left for us to begin with, the first of mankind. For a subordinate arbitrary or
even despotic power never was heard of in right, claim, or authorized practice; least of all
has it been heard of in the Eastern governments, where all the instances of severity and
cruelty fall upon governors and persons intrusted with power. This would be a gross
contradiction. Before Mr. Hastings, none ever came before his superiors to claim it;
because, if any such thing could exist, he claims the very power of that sovereign who calls
him to account.
But suppose a man to come before us, denying all the benefits of law to the people under
him,—and yet, when he is called to account, to claim all the benefits of that law which was
made to screen mankind from the excesses of power: such a claim, I will venture to say, is a