n: so that, if an arbitrary procedure be justifiable, (a
strong one I am sure is,) it is when used against those who pretend to
use it against others.
My Lords, I will venture to say of the governments of Asia, that none of
them ever had an arbitrary power; and if any governments had an
arbitrary power, they cannot delegate it to any persons under them: that
is, they cannot so delegate it to others as not to leave them
accountable on the principles upon which it was given. As this is a
contradiction in terms, a gross absurdity, as well as a monstrous
wickedness, let me say, for the honor of human nature, that, although
undoubtedly we may speak it with the pride of England that we have
better institutions for the preservation of the rights of men than any
other country in the world, yet I will venture to say that no country
has wholly meant, or ever meant, to give this power.
As it cannot exist in right on any rational and solid principles of
government, so neither does it exist in the constitution of Oriental
governments,--and I do insist upon it, that Oriental governments know
nothing of arbitrary power. I have taken as much pains as I could to
examine into the constitutions of them. I have been endeavoring to
inform myself at all times on this subject; of late my duty has led me
to a more minute inspection of them; and I do challenge the whole race
of man to show me any of the Oriental governors claiming to themselves a
right to act by arbitrary will.
The greatest part of Asia is under Mahomedan governments. To name a
Mahomedan government is to name a government by law. It is a law
enforced by stronger sanctions than any law that can bind a Christian
sovereign. Their law is believed to be given by God; and it has the
double sanction of law and of religion, with which the prince is no more
authorized to dispense than any one else. And if any man will produce
the Koran to me, and will but show me one text in it that authorizes in
any degree an arbitrary power in the government, I will confess that I
have read that book, and been conversant in the affairs of Asia, in
vain. There is not such a syllable in it; but, on the contrary, against
oppressors by name every letter of that law is fulminated. There are
interpreters established throughout all Asia to explain that law, an
order of priesthood, whom they call _men of the law_. These men are
conservators of the law; and to enable them to preserve it in its
perfection
|