office,—namely, conservator of those laws;
and he has ordered that they should not only be observed
in his time, but by all posterity; and accordingly
they are venerated at this time in Asia. If, then,
this very Genghis Khan, if Tamerlane, did not assume
arbitrary power, what are you to think of this man,
so bloated with corruption, so bloated with the insolence
of unmerited power, declaring that the people of India
have no rights, no property, no laws,—that
he could not be bound even by an English act of Parliament,—that
he was an arbitrary sovereign in India, and could
exact what penalties he pleased from the people, at
the expense of liberty, property, and even life itself?
Compare this man, this compound of pride and presumption,
with Genghis Khan, whose conquests were more considerable
than Alexander’s, and yet who made the laws
the rule of his conduct; compare him with Tamerlane,
whose Institutes I have before me. I wish to
save your Lordships’ time, or I could show you
in the life of this prince, that he, violent as his
conquests were, bloody as all conquests are, ferocious
as a Mahometan making his crusades for the propagation
of his religion, he yet knew how to govern his unjust
acquisitions with equity and moderation. If any
man could be entitled to claim arbitrary power, if
such a claim could be justified by extent of conquest,
by splendid personal qualities, by great learning
and eloquence, Tamerlane was the man who could have
made and justified the claim. This prince gave
up all his time not employed in conquests to the conversation
of learned men. He gave himself to all studies
that might accomplish a great man. Such a man,
I say, might, if any may, claim arbitrary power.
But the very things that made him great made him sensible
that he was but a man. Even in the midst of all
his conquests, his tone was a tone of humility; he
spoke of laws as every man must who knows what laws
are; and though he was proud, ferocious, and violent
in the achievement of his conquests, I will venture
to say no prince ever established institutes of civil
government more honorable to himself than the Institutes
of Timour. I shall be content to be brought to
shame before your Lordships, if the prisoner at your
bar can show me one passage where the assumption of
arbitrary power is even hinted at by this great conqueror.
He declares that the nobility of every country shall
be considered as his brethren, that the people shall
be acknowledged as his children, and that the learned
and the dervishes shall be particularly protected.
But, my Lords, what he particularly valued himself
upon I shall give your Lordships in his own words:—“I
delivered the oppressed from the hand of the oppressor;
and after proof of the oppression, whether on the
property or the person, the decision which I passed
between them was agreeable to the sacred law; and I
did not cause any one person to suffer for the guilt
of another."[95]