The next question is, whether the Gentoo laws justify arbitrary power:  and if he finds any sanctuary there, let him take it, with the cow in the pagoda.  The Gentoos have a law which positively proscribes in magistrates any idea of will,—­a law with which, or rather with extracts of it, that gentleman himself has furnished us.  These people in many points are governed by their own ancient written law, called the Shaster.  Its interpreters and judges are the Pundits.  This law is comprehensive, extending to all the concerns of life, affording principles and maxims and legal theories applicable to all cases, drawn from the sources of 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 affairs:  whereas I, poor man, was sent almost a school-boy from England, or at least little better,—­sent to find my way in that new world as well as I could.  I had no men of the law, no legal assistance, to supply my deficiencies.” At Sphingem habebas domi. Had he not the chief-justice, the tamed and domesticated chief-justice, who waited on him like a familiar spirit, whom he takes from province to province, his amanuensis at home, his postilion and riding express abroad?