natural equity, modified by their institutions, full of refinement and subtilty of distinction
equal to that of any other law, and has the grand test of all law, that, wherever it has
prevailed, the country has been populous, flourishing, and happy.
Upon the whole, then, follow him where you will, let him have Eastern or Western law, you
find everywhere arbitrary power and peculation of governors proscribed and horribly
punished,—more so than I should ever wish to punish any, the most guilty, human creature.
And if this be the case, as I hope and trust it has been proved to your Lordships, that there is
law in these countries, that there is no delegation of power which exempts a governor from
the law, then I say at any rate a British governor is to answer for his conduct, and cannot be
justified by wicked examples and profligate practices.
But another thing which he says is, that he was left to himself, to govern himself by his own
practice: that is to say, when he had taken one bribe, he might take another; when he had
robbed one man of his property, he might rob another; when he had imprisoned one man
arbitrarily, and extorted money from him, he might do so by another. He resorts at first to
the practice of barbarians and usurpers; at last he comes to his own. Now, if your Lordships
will try him by such maxims and principles, he is certainly clear: for there is no manner of
doubt that there is nothing he has practised once which he has not practised again; and then
the repetition of crimes becomes the means of his indemnity.
The next pleas he urges are not so much in bar of the impeachment as in extenuation. The
first are to be laid by as claims to be made on motion for arrest of judgment, the others as
an extenuation or mitigation of his fine. He says, and with a kind of triumph, "The ministry
of this country have great legal assistance,—commercial lights of the greatest commercial
city in the world,—the greatest generals and officers to guide and direct them in military