diff options
Diffstat (limited to 'old/18192-h.htm.2006-04-17')
| -rw-r--r-- | old/18192-h.htm.2006-04-17 | 16836 |
1 files changed, 16836 insertions, 0 deletions
diff --git a/old/18192-h.htm.2006-04-17 b/old/18192-h.htm.2006-04-17 new file mode 100644 index 0000000..fdc9b37 --- /dev/null +++ b/old/18192-h.htm.2006-04-17 @@ -0,0 +1,16836 @@ +<?xml version="1.0" encoding="UTF-8"?> +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <title> + The Project Gutenberg eBook of The Works of the Right Honourable Edmund Burke, Vol. X. (of 12), by Edmund Burke. + </title> + <style type="text/css"> + + <!-- /* old browser blockout*/ + /* <![CDATA[ XML blockout */ + + + +/* + * set the global font family + */ + /* { font-family: serif; } */ + +/* + * set the body margins + */ + body {margin-left: 8%; margin-right: 25%; + + } + +/* + * set the body text indention, and spacing, and leading + */ + p { /* all paragraphs unless overridden */ + margin-top: 1em; + margin-bottom: 0; + line-height: 1.4em; + } + + body > p { /* paras at <body> level - not in <div> or <table> */ + text-align: justify; + text-indent: 1em; + } + + p.break { margin-top: 2em; } /* use for some thought-breaks */ + + dd, li {/* loosen spacing in list items */ + margin-top: 0.33em; + line-height: 1.2em; } + +/* + * style h2 for chapter heads + */ + + h2 { text-align: center; /* left-aligned by default, left/right margins set globally */ + margin-top:2em; /* clear space above top border */ + /* border-left: 3px solid gray; REMOVED BY MP */ + /* border-top: 4px solid gray; */ + /* padding-left:2em; /* space in from left border */ + padding-top:0.5em; /* space down from top border */ + padding-bottom: 1em; /* push left border below text */ + clear: both; /* don't let sidebars overlap */ + } + +/* + * style h3 for topic heads + */ + h3 { + text-align: center; /* uncomment for centered heading */ + margin-top: 2em; + font-family: sans-serif; + font-weight: normal; /* override default of bold */ + font-size: 95%; + clear: both; /* don't let sidebars overlap */ + } + +/* + * suppress indentation on paragraphs following heads + */ + h1+p, h2+p, h3+p { text-indent: 0; } + +/* + * Style the blockquote tag and related: + * - inset left and right + * - one-point smaller font (questionable?) + * - <p class="citation"> right-just and italicized + * - <p class="signature"> deeply indented + */ + .blockquote { + margin-left: 5%; + margin-right: 5%; + } + p.citation { /* author citation at end of blockquote or poem */ + margin-left:20%; + text-align: left; + /* text-align: right; MP, I DON'T LIKE THIS */ + /* font-style: italic; MP, I DON'T LIKE THIS */ + } + p.quotdate { /* date of a letter aligned right */ + text-align: right; + } + p.quotsig { /* author signature at end of letter */ + margin-left: 35%; + text-indent: -4em; /* gimmick to move 2nd line right */ + } + p.noindent { /* For paras continuing after quote, table, etc. (where no indent in original) MP */ + text-indent: 0; + } +/* + * Provide a selection of special list enumeration styles + */ + ol.AL { list-style-type: lower-alpha; } + ol.AU { list-style-type: upper-alpha; } + ol.RU { list-style-type: upper-roman; } + ol.RL { list-style-type: lower-roman; } + dt { margin-top: 0.5em; } + /* turn off list decoration in a single item to form the + * second para of a 2-para item: < li class="off" > + * or make an unmarked list: < ul class="off" > + */ + .off { list-style-type: none; } /* 2nd para of a 2-para list item */ +/* + * In all browsers **except MSIE 5** the items of an "inside" list are + * indented as if they still had their symbol. + */ + ol.inside, ul.inside { + list-style-position: inside; + margin-left: -2.5em; /* For everybody but MSIE 5, boo */} +/* + * The TOC, LOI, and Index are unordered lists with no prefix symbols. + * The tocright class is used to right-align page numbers in a TOC + * (not to be confused with linenum, used for poetry line#s). + */ + +/* MP... In konqueror, the numbers all pile up together at the first item */ + + ul.TOC { /* styling the Table of Contents */ + list-style-type: none; /* a list with no symbol */ + position: relative; /* makes a "container" for span.tocright */ + margin-right: 5%; /* pulls the page#s in a skosh */ + padding-right: 3em; /* MP stops text hitting numbers */ + margin-left: 1em; /* MP for long titles,indent all lines */ + text-indent: -1em; /* MP for long titles, unindent 1st line */ + } + ul.TOCSub { /* sub-entries in the TOC */ + list-style-type: none; + position: relative; /* makes a "container" for span.tocright */ + margin-right: 10%; /* pulls these page#s in even more */ + padding-right: 3em; /* MP stops text hitting numbers */ + margin-left: 1em; /* MP for long titles,indent all lines */ + text-indent: -1em; /* MP for long titles, unindent 1st line */ + } + span.tocright { /* use absolute positioning to move page# right */ + position: absolute; right: 0; text-indent: 0;/* valign: bottom; */ + } + ul.LOI { /* styling the List of Illustrations */ + list-style-type: none; + position: relative; /* makes a "container" for span.tocright */ + margin-right: 5%; /* pulls the page#s in a skosh */ + } + + ul.IX { /* styling the IndeX */ + list-style-type: none; + font-size: 80%; + } + ul.IXSub { /* sub-terms in the index */ + list-style-type: none; + } + ul.IX li { /* list items in an index list: compressed */ + margin-top: 0; + } + +/* + * style the default horizontal-rule and some special ones + */ + hr { + width:45%; + margin-top: 1em; + margin-left: auto; /* these two ensure a.. */ + margin-right: auto; /* ..centered rule */ + clear: both; /* don't let sidebars & floats overlap rule */ + } + hr.major { width:75%; margin-top:2em; margin-bottom: 2em;} /* eg, above chapter head */ + hr.minor { width:30%; } /* eg, above/below epigraph */ +/* + * a div with centering, use for images and tables + * to center a table or image in all browsers: + * <div class="ctr"> <table/img ... > ... < / div> + */ + div.ctr { text-align: center; } + div.ctr table { margin-left: auto; margin-right: auto; text-align: left; } + div.ctr img { margin-left: auto; margin-right: auto; } + +/* + * Use of <ins> ... < /ins> for marking corrected typos: + * Surround the corrected text with: + * <ins class="correction" + * title="Transcriber's Note: original read 'txet'">text< /ins> + * Very fine underline is not intrusive. Explanation pops up on hover. + */ + ins.correction { + text-decoration:none; + border-bottom: thin dotted gray;} + +/* + * Styling for images and captions + */ + img { /* the default image has */ + border: 1px solid black; /* a thin black line border */ + padding: 6px; /* ..spaced a bit out from the graphic */ + } + + img.plain { /* image with no border or padding, see float */ + border: none; padding: 0; + } + p.caption { margin-top: 0; font-size: smaller; } + +/* + * style sidenotes as class="sn", use in div or p + * guiguts expects a class "sidenote" + */ + .sn, .sidenote { + /* sidenote box appearance controls: */ + width: 15em; /* ..fixed width, */ + float: right; /* ..float to the right, */ + margin-right: -16em; /* ..exdent into body margin */ + margin-top: 0; /* top even with following <p>'s top */ + border: 1px dotted black; /* ..optional border */ + background-color: rgb(90%,90%,90%); /* ..optional tint */ + /* sidenote content control: */ + font-size: smaller; /* ..small text; could be x-small */ + text-indent: 0; /* ..no para indent */ + text-align: left; /* ..right align text in box */ + margin-left: 0.2em; /* ensure space from text */ + } + +/* + * style sidebars as div class="sb" + */ + .sb { + width: 40%; /* make 100% to force in-line */ + float: right; + border: 1px solid black; /* need border to separate from body */ + padding: 0 0 0 0.5em; /* get text away from border */ + margin: 0 0 1em 0.5em; /* get border clear of body text */ + background-color: rgb(90%,90%,90%); /* ..optional tint */ + } +/* + * style floating images just like sidebars but no border + * Use image class="plain", as div border encloses all. + * Use div when caption accompanies image, span for image-only + * Note: guiguts expects class names figleft, figright + */ + .floatr, .figright { + float: right; + clear: right; /* don't allow overlaps */ + text-align: center; /* img, caption centered in box */ + border: 1px solid black; /* thin border */ + margin-left: 4px; /* keep body text away from border */ + padding: 3px; /* keep caption text away border */ + } + + .floatl, .figleft { + float: left; + clear: left; /* don't allow overlaps */ + text-align: center; /* img, caption centered in box */ + border: 1px solid black; /* thin border */ + margin-right: 4px; /* keep body text away from border */ + padding: 3px; /* keep caption text from touching border */ + } +/* + * Styling tables and their content + */ + + table { /* style all < table> elements */ + margin-top: 1em; /* space above the table */ + caption-side: /* top; or */ bottom ; + empty-cells: show; /* usual default is hide */ + } + + thead td, tfoot td { /* center & bold */ + text-align: center; + font-weight: bold; + background-color: #ddd; /* dubious: gray background */ + } + table .shade { /* tr or td class="shade" */ + background-color: #ddd; + } + td, td > p { + margin-top: 0.25em; + /* line-height: 1.1em; OLD */ + /* font-size: 90%; OLD */ + /* text-align: left; OLD*/ + } + td.wrap { /* MP's magic table: For cells in 1st col with lots of text, + allows rewrap with indent. + set padding-left: to 1 on main table... + Numbers following should be "valign: bottom"*/ + text-indent: -1em; + padding-right: 2em; + } + /* use to add borders to table cells */ + .bb {border-bottom: solid 1px;} + .bl {border-left: solid 1px;} + .bt {border-top: solid 1px;} + .br {border-right: solid 1px;} + .bbox {border: solid 1px;} + .center {text-align: center;} +/* + * Styling Poetry the method generated by Guiguts: + * div class=poem encloses poem + * h4 within the poem div for poem title + * div class=stanza encloses stanza + * p [class=iN] encloses line + * span class=linenum encloses line number + */ + .poem { + text-align: left; + margin-left: 5%; margin-right: 5%; + position: relative; /* basis of .linenum positions */ + /* background-color: #fdc; /* Demonstration only: DELETE */ + } + .poem h4 { + margin-left: 5em; + text-decoration: underline; + } + .poem .stanza { + margin-top: 1em; /* vertical break between stanzas */ + } + .stanza div { /* default line */ + line-height: 1.2em; + margin-top: 0em; + margin-left: 2em; + text-indent: -2em; + } + .poem .i1 {margin-left: 2em;} /* p or span indents */ + .poem .i2 {margin-left: 4em;} /* indents */ + .poem .i3 {margin-left: 5em;} /* indents */ + .poem .i4 {margin-left: 6em;} /* indents */ + .poem .i5 {margin-left: 7em;} /* indents */ + .poem .i6 {margin-left: 8em;} /* indents */ + .poem .i7 {margin-left: 9em;} /* indents */ + .poem .i8 {margin-left: 10em;} /* indents */ + .poem .i9 {margin-left: 11em;} /* indents */ + .poem .caesura { /* vertical break in mid-line */ + vertical-align: -200%; + } + + .poem .linenum { + margin: 0; text-indent:0; + font-size: 90%; /* they are smaller */ + text-align: center; /* centered in a space... */ + width: 1.75em; /* ...about 3+ digits wide */ + position: absolute; /* positioned out of text flow */ + /*left: -4em; ...positioned in LEFT margin */ + right: -4em; /* ...positioned in RIGHT margin */ + color: #777; background-color: #ddd; /* medium gray on light gray */ + /* color: #fff; background-color: #888; white on medium gray */ + } + +/* + * Making page numbers visible: Change the display: value of this class + * for visible page numbers: "inline" + * for hidden page numbers: "none" + */ + +/* THESE LINES ADDED BY MP */ + /*.pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right; color: #778899;} /* page numbers */ + /*.pagenum {position: absolute; right: 1%; font-size: smaller; text-align: left; color: #778899;} /* page numbers */ + .pagenum { + font-size: smaller; + text-align: right; + padding: 0 0 0 0 ; + margin: 0 0 0 0; + position: absolute; right: 1%; + color: #778899; + } + /* Uncomment to get page numbers displayed with text */ + a.pagenum:after {display: inline; color: #778899; /* background-color: yellow;*/ content: "{" attr(title) "}";} + + /* Change cursor over Greek text (the transliteration will appear in a popup) */ + :lang(el) {cursor: help;} + + +/* + * This code uses the :after selector to display the title string + * from the anchor inline in the text. It presumes every page anchor is: + * <a class="page1" id="Page_NN" title="NN" > < /a> + * + * Advantage: non-CSS browsers display nothing. + * Problem: display is within the text between words. (you can't do + * absolute positioning of generated content.) + */ + .page1:after { + display: inline; /* none or inline */ + content: "[" attr(title) "]"; + font-size: 50%; + background-color: rgb(95%,95%,95%); + vertical-align: 0.25em; /* raise its baseline */ + } +/* + * This code uses absolute positioning to display page numbers in the + * right margin. It presumes that every page-number anchor is augmented + * with a text span: + * <a id="Page_NN">< /a> <span class="page2">NN< /span> + * + * Advantage: absolute positioning lets you put #s in the margin. + * Drawback: non-CSS browsers display the number inline instead. + * Drawback: multiple pagenumbers in the same text line overlap in the margin + */ + + .page2 { display: inline; /* none or inline */ + font-size:50%; + text-align: right; + padding: 0 0 0 0 ; + margin: 0 0 0 0; + position: absolute; right: 1%;} + +/* + * Styling footnotes and their references. See text for discussion. + * NOTE: Guiguts keeps changing the classnames it uses for the + * footnote div and p's. Be prepared to change these to match. + */ + + .fnanchor { /* MODIFIED FROM fnref BY MP FOR GUIGUTS NOMENCLATURE */ + font-size: smaller; /* discreet [X] */ + vertical-align: 2px; /* bumped up a trace from baseline */ + } + + .note { + font-size: 90%; /* somewhat smaller */ + margin: 0 2em 2em 1em; + text-align: justify; + } + + .footnotes { /* ADDED BY MP */ + border: dashed 1px; /* Added by MP */ + /*but note that knoqueror messes it up (though readable)*/ + } +/* + * Stylings for drama: + * h4.scn is the scene-header, centered, italic + * span.cnm is for all character-names + * p.sdn is the stage-direction paragraph + * span.sdr is the end-of-line right-aligned direction + * span.sdm is the mid-line embedded direction + */ + + h4.scn { + text-align: center; font-weight: normal; font-style: italic; + } + p.sdn { + text-align: center; font-style: italic; + } + p.dlg { + margin:0.25em; + line-height: 1.2em; + position: relative; /* establish "container" for span.sdn */ + } + .dlg .in5em { position:relative; left: 5em; } + .dlg .in10em { position: relative; left: 10em; } + span.sdm { font-style: italic; } + span.sdm:before { font-style:normal; content: "[" } + span.sdm:after { font-style:normal; content: "]" } + span.sdr { + font-style: italic; + position: absolute; + text-align: right; + right: 0; top:auto; + } + span.sdr:before { font-style:normal; content: "[" } + .cnm { /* Character NaMe default (dialog) */ + font-style: italic; + } + .sdn .cnm, sdm .cnm, .sdr .cnm { /* Character NaMe inside Stage DirectioN */ + font-style: normal; + } + .dlg .linenum { + margin: 0; text-indent:0; + font-size: 90%; /* they are smaller */ + text-align: center; /* centered in a space... */ + width: 1.75em; /* ...about 3+ digits wide */ + position: absolute; /* positioned out of text flow */ + /* left: -5em; ...positioned in LEFT margin */ + right: 0; /* ...positioned in RIGHT margin */ + color: #000; background-color: #ccc; /* black on light gray */ + } + + /* XML end ]]> */ /*old browser end */ --> + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Works of the Right Honourable Edmund +Burke, Vol. X. (of 12), by Edmund Burke + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) + +Author: Edmund Burke + +Release Date: April 17, 2006 [EBook #18192] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WORKS OF THE RIGHT *** + + + + +Produced by Paul Murray, Susan Skinner and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliothèque nationale de France (BnF/Gallica) at +http://gallica.bnf.fr) + + + + + + +</pre> + +<p><a name="Page_-3" id="Page_-3"></a></p> +<hr style="width: 65%;" /> + +<h2>THE WORKS +<br /><br /> +<span style="font-size: 71%">OF</span> +<br /><br /> +THE RIGHT HONOURABLE<br /> + +<br /> +<span style="font-size: 200%">EDMUND BURKE</span></h2> + +<h3>IN TWELVE VOLUMES<br /> +<br /> +<span style="font-size: smaller">VOLUME THE TENTH</span></h3> +<p /> +<div style="text-align: center"> +<img src="images/001.png" alt="BURKE COAT OF ARMS." title="BURKE COAT OF ARMS" /> +</div> +<p /> +<p style="text-align: center; text-indent: 0"><b>London</b><br /> + +<br /> + +JOHN C. NIMMO<br /> +<br /> +14, KING WILLIAM STREET, STRAND, W.C.<br /> + +MDCCCLXXXVII<br /></p> + +<hr style="width: 65%;" /> + + + + +<h2><a name="CONTENTS_OF_VOL_X" id="CONTENTS_OF_VOL_X"></a>CONTENTS OF VOL. X.</h2> + + + + + +<ul class="TOCSub"><li><a href="#SPEECHES_IN_THE_IMPEACHMENT">SPEECHES IN THE IMPEACHMENT OF WARREN HASTINGS, ESQUIRE, LATE GOVERNOR-GENERAL OF BENGAL.</a></li> + +<li><ul class="TOCSub"><li> <a href="#SPEECH_IN_OPENING">SPEECH IN OPENING THE IMPEACHMENT.</a></li> +<li><ul class="TOCSub"><li> <a href="#THIRD_DAY_MONDAY_FEBRUARY_18_1788">THIRD DAY: MONDAY, FEBRUARY 18, 1788</a> <span class="tocright"><a href="#Page_3">3</a></span></li> +<li> <a href="#FOURTH_DAY_TUESDAY_FEBRUARY_19_1788">FOURTH DAY: TUESDAY, FEBRUARY 19</a> <span class="tocright"><a href="#Page_99">99</a></span></li></ul></li></ul></li> + + +<li><ul class="TOCSub"><li><a href="#SPEECH_ON_THE_SIXTH_ARTICLE_OF_CHARGE">SPEECH ON THE SIXTH ARTICLE OF CHARGE.</a></li> +<li><ul class="TOCSub"><li> <a href="#FIRST_DAY_TUESDAY_APRIL_21_1789">FIRST DAY: TUESDAY, APRIL 21, 1789</a> <span class="tocright"><a href="#Page_149">149</a></span></li> +<li> <a href="#SECOND_DAY_SATURDAY_APRIL_25_1789">SECOND DAY: SATURDAY, APRIL 25</a> <span class="tocright"><a href="#Page_240">240</a></span></li> +<li> <a href="#THIRD_DAY_TUESDAY_MAY_5_1789">THIRD DAY: TUESDAY, MAY 5</a> <span class="tocright"><a href="#Page_306">306</a></span></li> +<li> <a href="#FOURTH_DAY_THURSDAY_MAY_7_1789">FOURTH DAY: THURSDAY, MAY 7</a> <span class="tocright"><a href="#Page_396">396</a></span></li></ul></li></ul></li></ul> + + +<p><span class='pagenum'><a name="Page_1" id="Page_1">{1}</a></span></p> + + + +<hr style="width: 65%;" /> +<h2><a name="SPEECHES_IN_THE_IMPEACHMENT" id="SPEECHES_IN_THE_IMPEACHMENT"></a>SPEECHES<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +THE IMPEACHMENT<br /> +<br /> +<span style="font-size: 50%;">OF</span><br /> +<br /> +WARREN HASTINGS, ESQUIRE<br /> +<br /> +<span style="font-size: 50%;">LATE GOVERNOR-GENERAL OF BENGAL.</span></h2> + +<hr style="width: 25%;" /> + +<h2><a name="SPEECH_IN_OPENING" id="SPEECH_IN_OPENING"></a>SPEECH IN OPENING.<br /> +<br /> +<span style="font-size: 75%;">(CONTINUED.)</span><br /> +<br /> +<span style="font-size: 75%;">FEBRUARY, 1788.</span></h2> + +<p><span class='pagenum'><a name="Page_2" id="Page_2">{2}</a></span></p><p><span class='pagenum'><a name="Page_3" id="Page_3">{3}</a></span></p> + + + +<hr style="width: 65%;" /> +<p><a name="THIRD_DAY_MONDAY_FEBRUARY_18_1788" id="THIRD_DAY_MONDAY_FEBRUARY_18_1788"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +OPENING THE IMPEACHMENT.<br /> +<br /> +<span style="font-size: 75%;">THIRD DAY: MONDAY, FEBRUARY 18, 1788.</span></h2> + + +<p>My Lords,—The gentlemen who are appointed +by the Commons to manage this prosecution, +have directed me to inform your Lordships, that they +have very carefully and attentively weighed the magnitude +of the subject which they bring before you +with the time which the nature and circumstances of +affairs allow for their conducting it.</p> + +<p>My Lords, on that comparison, they are very apprehensive, +that, if I should go very largely into a preliminary +explanation of the several matters in charge, +it might be to the prejudice of an early trial of the +substantial merits of each article. We have weighed +and considered this maturely. We have compared +exactly the time with the matter, and we have found +that we are obliged to do as all men must do who +would manage their affairs practicably, to make our +opinion of what might be most advantageous to the +business conform to the time that is left to perform +it in. We must, as all men must, submit affairs to +time, and not think of making time conform to our +wishes; and therefore, my Lords, I very willingly +fall in with the inclinations of the gentlemen with +whom I have the honor to act, to come as soon as +possible to close fighting, and to grapple immediately<span class='pagenum'><a name="Page_4" id="Page_4">{4}</a></span> +and directly with the corruptions of India,—to bring +before your Lordships the direct articles, to apply the +evidence to the articles, and to bring the matter forward +for your Lordships' decision in that manner +which the confidence we have in the justice of our +cause demands from the Commons of Great Britain.</p> + +<p>My Lords, these are the opinions of those with +whom I have the honor to act, and in their opinions +I readily acquiesce. For I am far from wishing to +waste any of your Lordships' time upon any matter +merely through any opinion I have of the nature of +the business, when at the same time I find that in +the opinion of others it might militate against the +production of its full, proper, and (if I may so say) +its immediate effect.</p> + +<p>It was my design to class the crimes of the late +Governor of Bengal,—to show their mutual bearings,—how +they were mutually aided and grew and +were formed out of each other. I proposed first of +all to show your Lordships that they have their root +in that which is the origin of all evil, avarice and rapacity,—to +show how that led to prodigality of the +public money,—and how prodigality of the public +money, by wasting the treasures of the East India +Company, furnished an excuse to the Governor-General +to break its faith, to violate all its most solemn +engagements, and to fall with a hand of stern, ferocious, +and unrelenting rapacity upon all the allies and +dependencies of the Company. But I shall be obliged +in some measure to abridge this plan; and as your +Lordships already possess, from what I had the honor +to state on Saturday, a general view of this matter, +you will be in a condition to pursue it when the +several articles are presented.<span class='pagenum'><a name="Page_5" id="Page_5">{5}</a></span></p> + +<p>My Lords, I have to state to-day the root of all +these misdemeanors,—namely, the pecuniary corruption +and avarice which gave rise and primary +motion to all the rest of the delinquencies charged +to be committed by the Governor-General.</p> + +<p>My Lords, pecuniary corruption forms not only, +as your Lordships will observe in the charges before +you, an article of charge by itself, but likewise so +intermixes with the whole, that it is necessary to +give, in the best manner I am able, a history of that +corrupt system which brought on all the subsequent +acts of corruption. I will venture to say there is no +one act, in which tyranny, malice, cruelty, and oppression +can be charged, that does not at the same +time carry evident marks of pecuniary corruption.</p> + +<p>I stated to your Lordships on Saturday last the +principles upon which Mr. Hastings governed his +conduct in India, and upon which he grounds his defence. +These may all be reduced to one short word,—<i>arbitrary +power</i>. My Lords, if Mr. Hastings had +contended, as other men have often done, that the +system of government which he patronizes, and on +which he acted, was a system tending on the whole +to the blessing and benefit of mankind, possibly something +might be said for him for setting up so wild, +absurd, irrational, and wicked a system,—something +might be said to qualify the act from the intention; +but it is singular in this man, that, at the time he +tells you he acted on the principles of arbitrary power, +he takes care to inform you that he was not blind +to the consequences. Mr. Hastings foresaw that the +consequences of this system was corruption. An arbitrary +system, indeed, must always be a corrupt one. +My Lords, there never was a man who thought he<span class='pagenum'><a name="Page_6" id="Page_6">{6}</a></span> +had no law but his own will, who did not soon find +that he had no end but his own profit. Corruption +and arbitrary power are of natural unequivocal generation, +necessarily producing one another. Mr. Hastings +foresees the abusive and corrupt consequences, +and then he justifies his conduct upon the necessities +of that system. These are things which are +new in the world; for there never was a man, I believe, +who contended for arbitrary power, (and there +have been persons wicked and foolish enough to contend +for it,) that did not pretend, either that the system +was good in itself, or that by their conduct they +had mitigated or had purified it, and that the poison, +by passing through their constitution, had acquired +salutary properties. But if you look at his defence +before the House of Commons, you will see that that +very system upon which he governed, and under +which he now justifies his actions, did appear to himself +a system pregnant with a thousand evils and a +thousand mischiefs.</p> + +<p>The next thing that is remarkable and singular in +the principles upon which the Governor-General acted +is, that, when he is engaged in a vicious system which +clearly leads to evil consequences, he thinks himself +bound to realize all the evil consequences involved in +that system. All other men have taken a directly +contrary course: they have said, "I have been engaged +in an evil system, that led, indeed, to mischievous +consequences, but I have taken care, by +my own virtues, to prevent the evils of the system +under which I acted."</p> + +<p>We say, then, not only that he governed arbitrarily, +but corruptly,—that is to say, that he was a giver +and receiver of bribes, and formed a system for the<span class='pagenum'><a name="Page_7" id="Page_7">{7}</a></span> +purpose of giving and receiving them. We wish your +Lordships distinctly to consider that he did not only +give and receive bribes accidentally, as it happened, +without any system and design, merely as the opportunity +or momentary temptation of profit urged him +to it, but that he has formed plans and systems of +government for the very purpose of accumulating +bribes and presents to himself. This system of Mr. +Hastings's government is such a one, I believe, as the +British nation in particular will disown; for I will +venture to say, that, if there is any one thing which +distinguishes this nation eminently above another, it +is, that in its offices at home, both judicial and in the +state, there is less suspicion of pecuniary corruption +attaching to them than to any similar offices in any +part of the globe, or that have existed at any time: +so that he who would set up a system of corruption, +and attempt to justify it upon the principle of utility, +that man is staining not only the nature and character +of office, but that which is the peculiar glory of +the official and judicial character of this country; and +therefore, in this House, which is eminently the guardian +of the purity of all the offices of this kingdom, +he ought to be called eminently and peculiarly to +account. There are many things, undoubtedly, in +crimes, which make them frightful and odious; but +bribery, filthy hands, a chief governor of a great empire +receiving bribes from poor, miserable, indigent +people, this is what makes government itself base, +contemptible, and odious in the eyes of mankind.</p> + +<p>My Lords, it is certain that even tyranny itself may +find some specious color, and appear as a more severe +and rigid execution of justice. Religious persecution +may shield itself under the guise of a mistaken and<span class='pagenum'><a name="Page_8" id="Page_8">{8}</a></span> +over-zealous piety. Conquest may cover its baldness +with its own laurels, and the ambition of the conqueror +may be hid in the secrets of his own heart under a veil +of benevolence, and make him imagine he is bringing +temporary desolation upon a country only to promote +its ultimate advantage and his own glory. But in the +principles of that governor who makes nothing but +money his object there can be nothing of this. There +are here none of those specious delusions that look +like virtues, to veil either the governed or the governor. +If you look at Mr. Hastings's merits, as he calls +them, what are they? Did he improve the internal +state of the government by great reforms? No +such thing. Or by a wise and incorrupt administration +of justice? No. Has he enlarged the boundary +of our government? No: there are but too strong +proofs of his lessening it. But his pretensions to +merit are, that he squeezed more money out of the +inhabitants of the country than other persons could +have done,—money got by oppression, violence, extortion +from the poor, or the heavy hand of power +upon the rich and great.</p> + +<p>These are his merits. What we charge as his demerits +are all of the same nature; for, though there +is undoubtedly oppression, breach of faith, cruelty, +perfidy, charged upon him, yet the great ruling principle +of the whole, and that from which you can never +have an act free, is money,—it is the vice of base +avarice, which never is, nor ever appears even to the +prejudices of mankind to be, anything like a virtue. +Our desire of acquiring sovereignty in India undoubtedly +originated first in ideas of safety and necessity; +its next step was a step of ambition. That ambition, +as generally happens in conquest, was followed by<span class='pagenum'><a name="Page_9" id="Page_9">{9}</a></span> +gains of money; but afterwards there was no mixture +at all; it was, during Mr. Hastings's time, altogether +a business of money. If he has extirpated a nation, +I will not say whether properly or improperly, it is +because (says he) you have all the benefit of conquest +without expense; you have got a large sum of money +from the people, and you may leave them to be governed +by whom and as they will. This is directly +contrary to the principles of conquerors. If he has +at any time taken any money from the dependencies +of the Company, he does not pretend that it was obtained +from their zeal and affection to our cause, or +that it made their submission more complete: very far +from it. He says they ought to be independent, and +all that you have to do is to squeeze money from +them. In short, money is the beginning, the middle, +and the end of every kind of act done by Mr. Hastings: +pretendedly for the Company, but really for +himself.</p> + +<p>Having said so much about the origin, the first +principle, both of that which he makes his merit and +which we charge as his demerit, the next step is, that +I should lay open to your Lordships, as clearly as I +can, what the sense of his employers, the East India +Company, and what the sense of the legislature itself, +has been upon those merits and demerits of money.</p> + +<p>My Lords, the Company, knowing that these money +transactions were likely to subvert that empire which +was first established upon them, did, in the year 1765, +send out a body of the strongest and most solemn +covenants to their servants, that they should take no +presents from the country powers, under any name +or description, except those things which were publicly +and openly taken for the use of the Company,<span class='pagenum'><a name="Page_10" id="Page_10">{10}</a></span>—namely, +<i>territories</i> or <i>sums of money</i> which might be +obtained by treaty. They distinguished such presents +as were taken from any persons privately, and +unknown to them, and without their authority, from +subsidies: and that this is the true nature and construction +of their order I shall contend and explain +afterwards to your Lordships. They have said, nothing +shall be taken for their private use; for though +in that and in every state there may be subsidiary +treaties by which sums of money may be received, +yet they forbid their servants, their governors, whatever +application they might pretend to make of them, +to receive, under any other name or pretence, more +than a certain, marked, simple sum of money, and this +not without the consent and permission of the Presidency +to which they belong. This is the substance, +the principle, and the spirit of the covenants, and will +show your Lordships how radicated an evil this of +bribery and presents was judged to be.</p> + +<p>When these covenants arrived in India, the servants +refused at first to execute them,—and suspended the +execution of them, till they had enriched themselves +with presents. Eleven months elapsed, and it was not +till Lord Clive reached the place of his destination +that the covenants were executed: and they were not +executed then without some degree of force. Soon +afterwards the treaty was made with the country +powers by which Sujah ul Dowlah was reëstablished +in the province of Oude, and paid a sum of 500,000<i>l.</i> +to the Company for it. It was a public payment, and +there was not a suspicion that a single shilling of private +emolument attended it. But whether Mr. Hastings +had the example of others or not, their example +could not justify his briberies. He was sent there to<span class='pagenum'><a name="Page_11" id="Page_11">{11}</a></span> +put an end to all those examples. The Company did +expressly vest him with that power. They declared +at that time, that the whole of their service was totally +corrupted by bribes and presents, and by extravagance +and luxury, which partly gave rise to them, +and these, in their turn, enabled them to pursue those +excesses. They not only reposed trust in the integrity +of Mr. Hastings, but reposed trust in his remarkable +frugality and order in his affairs, which they +considered as things that distinguished his character. +But in his defence we have him quite in another character,—no +longer the frugal, attentive servant, bred +to business, bred to book-keeping, as all the Company's +servants are; he now knows nothing of his own +affairs, knows not whether he is rich or poor, knows +not what he has in the world. Nay, people are +brought forward to say that they know better than +he does what his affairs are. He is not like a careful +man bred in a counting-house, and by the Directors +put into an office of the highest trust on account of +the regularity of his affairs; he is like one buried in +the contemplation of the stars, and knows nothing of +the things in this world. It was, then, on account of +an idea of his great integrity that the Company put +him into this situation. Since that he has thought +proper to justify himself, not by clearing himself of +receiving bribes, but by saying that no bad consequences +resulted from it, and that, if any such evil +consequences did arise from it, they arose rather from +his inattention to money than from his desire of acquiring +it.</p> + +<p>I have stated to your Lordships the nature of the +covenants which the East India Company sent out. +Afterwards, when they found their servants had re<span class='pagenum'><a name="Page_12" id="Page_12">{12}</a></span>fused +to execute these covenants, they not only very +severely reprehended even a moment's delay in their +execution, and threatened the exacting the most strict +and rigorous performance of them, but they sent a +commission to enforce the observance of them more +strongly; and that commission had it specially in +charge never to receive presents. They never sent +out a person to India without recognizing the grievance, +and without ordering that presents should not +be received, as the main fundamental part of their duty, +and upon which all the rest depended, as it certainly +must: for persons at the head of government +should not encourage that by example which they +ought by precept, authority, and force to restrain in +all below them. That commission failing, another +commission was preparing to be sent out with the +same instructions, when an act of Parliament took it +up; and that act, which gave Mr. Hastings power, +did mould in the very first stamina of his power this +principle, in words the most clear and forcible that +an act of Parliament could possibly devise upon the +subject. And that act was made not only upon a +general knowledge of the grievance, but your Lordships +will see in the reports of that time that Parliament +had directly in view before them the whole of +that monstrous head of corruption under the name +of presents, and all the monstrous consequences that +followed it.</p> + +<p>Now, my Lords, every office of trust, in its very +nature, forbids the receipt of bribes. But Mr. Hastings +was forbidden it, first, by his official situation,—next, +by covenant,—and lastly, by act of Parliament: +that is to say, by all the things that bind mankind, or +that can bind them,—first, moral obligation inherent<span class='pagenum'><a name="Page_13" id="Page_13">{13}</a></span> +in the duty of their office,—next, the positive injunctions +of the legislature of the country,—and lastly, +a man's own private, particular, voluntary act and +covenant. These three, the great and only obligations +that bind mankind, all united in the focus of this single +point,—that they should take no presents.</p> + +<p>I am to mark to your Lordships, that this law and +this covenant did consider indirect ways of taking +presents—taking them by others, and such like—directly +in the very same light as they considered +taking them by themselves. It is perhaps a much +more dangerous way; because it adds to the crime a +false, prevaricating mode of concealing it, and makes +it much more mischievous by admitting others into +the participation of it. Mr. Hastings has said, (and +it is one of the general complaints of Mr. Hastings,) +that he is made answerable for the acts of other men. +It is a thing inherent in the nature of his situation. +All those who enjoy a great superintending trust, +which is to regulate the whole affairs of an empire, +are responsible for the acts and conduct of other men, +so far as they had anything to do with appointing +them, or holding them in their places, or having any +sort of inspection into their conduct. But when a +Governor presumes to remove from their situations +those persons whom the public authority and sanction +of the Company have appointed, and obtrudes upon +them by violence other persons, superseding the orders +of his masters, he becomes doubly responsible for +their conduct. If the persons he names should be +of notorious evil character and evil principles, and +if this should be perfectly known to himself, and of +public notoriety to the rest of the world, then another +strong responsibility attaches on him for the acts of +those persons.<span class='pagenum'><a name="Page_14" id="Page_14">{14}</a></span></p> + +<p>Governors, we know very well, cannot with their +own hands be continually receiving bribes,—for then +they must have as many hands as one of the idols in +an Indian temple, in order to receive all the bribes +which a Governor-General may receive,—but they +have them vicariously. As there are many offices, so +he has had various officers for receiving and distributing +his bribes; he has a great many, some white +and some black agents. The white men are loose +and licentious; they are apt to have resentments, +and to be bold in revenging them. The black men +are very secret and mysterious; they are not apt to +have very quick resentments, they have not the same +liberty and boldness of language which characterize +Europeans; and they have fears, too, for themselves, +which makes it more likely that they will conceal +anything committed to them by Europeans. Therefore +Mr. Hastings had his black agents, not one, two, +three, but many, disseminated through the country: +no two of them, hardly, appear to be in the secret of +any one bribe. He has had likewise his white agents,—they +were necessary,—a Mr. Larkins and a Mr. +Croftes. Mr. Croftes was sub-treasurer, and Mr. +Larkins accountant-general. These were the last +persons of all others that should have had anything +to do with bribes; yet these were some of his agents +in bribery. There are few instances, in comparison +of the whole number of bribes, but there are some, +where two men are in the secret of the same bribe. +Nay, it appears that there was one bribe divided +into different payments at different times,—that one +part was committed to one black secretary, another +part to another black secretary. So that it is almost +impossible to make up a complete body of all his bri<span class='pagenum'><a name="Page_15" id="Page_15">{15}</a></span>bery: +you may find the scattered limbs, some here and +others there; and while you are employed in picking +them up, he may escape entirely in a prosecution for +the whole.</p> + +<p>The first act of his government in Bengal was the +most bold and extraordinary that I believe ever entered +into the head of any man,—I will say, of +any tyrant. It was no more or less than a general, +almost exceptless confiscation, in time of profound +peace, of all the landed property in Bengal, upon +most extraordinary pretences. Strange as this may +appear, he did so confiscate it; he put it up to a +pretended public, in reality to a private corrupt auction; +and such favored landholders as came to it +were obliged to consider themselves as not any longer +proprietors of the estates, but to recognize themselves +as farmers under government: and even those few +that were permitted to remain on their estates had +their payments raised at his arbitrary discretion; and +the rest of the lands were given to farmers-general, +appointed by him and his committee, at a price fixed +by the same arbitrary discretion.</p> + +<p>It is necessary to inform your Lordships that the +revenues of Bengal are, for the most part, territorial +revenues, great quit-rents issuing out of lands. I +shall say nothing either of the nature of this property, +of the rights of the people to it, or of the mode of exacting +the rents, till that great question of revenues, +one of the greatest which we shall have to lay before +you, shall be brought before your Lordships particularly +and specially as an article of charge. I only +mention it now as an exemplification of the great +principle of corruption which guided Mr. Hastings's +conduct.<span class='pagenum'><a name="Page_16" id="Page_16">{16}</a></span></p> + +<p>When the ancient nobility, the great princes, (for +such I may call them,) a nobility, perhaps, as ancient +as that of your Lordships, (and a more truly noble +body never existed in that character,)—my Lords, +when all the nobility, some of whom have borne the +rank and port of princes, all the gentry, all the freeholders +of the country, had their estates in that manner +confiscated,—that is, either given to themselves to +hold on the footing of farmers, or totally confiscated,—when +such an act of tyranny was done, no doubt +some good was pretended. This confiscation was +made by Mr. Hastings, and the lands let to these +farmers for five years, upon an idea which always +accompanies his acts of oppression, the idea of <i>moneyed +merit</i>. He adopted this mode of confiscating the +estates, and letting them to farmers, for the avowed +purpose of seeing how much it was possible to take +out of them. Accordingly, he set them up to this +wild and wicked auction, as it would have been, if it +had been a real one,—corrupt and treacherous, as it +was,—he set these lands up for the purpose of making +that discovery, and pretended that the discovery +would yield a most amazing increase of rent. And +for some time it appeared so to do, till it came to the +touchstone of experience; and then it was found that +there was a defalcation from these monstrous raised +revenues which were to cancel in the minds of the +Directors the wickedness of so atrocious, flagitious, +and horrid an act of treachery. At the end of five +years what do you think was the failure? No less +than 2,050,000<i>l.</i> Then a new source of corruption +was opened,—that is, how to deal with the balances: +for every man who had engaged in these transactions +was a debtor to government, and the remission of that<span class='pagenum'><a name="Page_17" id="Page_17">{17}</a></span> +debt depended upon the discretion of the Governor-General. +Then the persons who were to settle the +composition of that immense debt, who were to see +how much was recoverable and how much not, were +able to favor, or to exact to the last shilling; and +there never existed a doubt but that not only upon +the original cruel exaction, but upon the remission +afterwards, immense gains were derived. This will +account for the manner in which those stupendous +fortunes which astonish the world have been made. +They have been made, first by a tyrannous exaction +from the people who were suffered to remain in +possession of their own land as farmers,—then by +selling the rest to farmers at rents and under hopes +which could never be realized, and then getting money +for the relaxation of their debts. But whatever +excuse, and however wicked, there might have been +for this wicked act, namely, that it carried upon the +face of it some sort of appearance of public good,—that +is to say, that sort of public good which Mr. Hastings +so often professed, of ruining the country for the +benefit of the Company,—yet, in fact, this business +of balances is that <i>nidus</i> in which have been nustled +and bred and born all the corruptions of India, first +by making extravagant demands, and afterwards by +making corrupt relaxations of them.</p> + +<p>Besides this monstrous failure, in consequence of +a miserable exaction by which more was attempted +to be forced from the country than it was capable of +yielding, and this by way of experiment, when your +Lordships come to inquire who the farmers-general of +the revenue were, you would naturally expect to find +them to be the men in the several countries who had +the most interest, the greatest wealth, the best knowl<span class='pagenum'><a name="Page_18" id="Page_18">{18}</a></span>edge +of the revenue and resources of the country in +which they lived. Those would be thought the natural, +proper farmers-general of each district. No such +thing, my Lords. They are found in the body of +people whom I have mentioned to your Lordships. +They were almost all let to Calcutta banians. Calcutta +banians were the farmers of almost the whole. +They sub-delegated to others, who sometimes had +sub-delegates under them <i>ad infinitum</i>. The whole +formed a system together, through the succession of +black tyrants scattered through the country, in which +you at last find the European at the end, sometimes +indeed not hid very deep, not above one between him +and the farmer, namely, his banian directly, or some +other black person to represent him. But some have +so managed the affair, that, when you inquire who +the farmer is,—Was such a one farmer? No. Cantoo +Baboo? No. Another? No,—at last you find +three deep of fictitious farmers, and you find the European +gentlemen, high in place and authority, the +real farmers of the settlement. So that the zemindars +were dispossessed, the country racked and +ruined, for the benefit of an European, under the +name of a farmer: for you will easily judge whether +these gentlemen had fallen so deeply in love with the +banians, and thought so highly of their merits and +services, as to reward <i>them</i> with all the possessions +of the great landed interest of the country. Your +Lordships are too grave, wise, and discerning, to +make it necessary for me to say more upon that subject. +Tell me that the banians of English gentlemen, +dependants on them at Calcutta, were the farmers +throughout, and I believe I need not tell your Lordships +for whose benefit they were farmers.<span class='pagenum'><a name="Page_19" id="Page_19">{19}</a></span></p> + +<p>But there is one of these who comes so nearly, indeed +so precisely, within this observation, that it is impossible +for me to pass him by. Whoever has heard +of Mr. Hastings's name, with any knowledge of Indian +connections, has heard of his banian, Cantoo Baboo. +This man is well known in the records of the Company, +as his agent for receiving secret gifts, confiscations, +and presents. You would have imagined that +he would at least have kept <i>him</i> out of these farms, in +order to give the measure a color at least of disinterestedness, +and to show that this whole system of corruption +and pecuniary oppression was carried on for +the benefit of the Company. The Governor-General +and Council made an ostensible order by which no +collector, or person concerned in the revenue, should +have any connection with these farms. This order +did not include the Governor-General in the words +of it, but more than included him in the spirit of it; +because his power to protect a farmer-general in the +person of his own servant was infinitely greater than +that of any subordinate person. Mr. Hastings, in +breach of this order, gave farms to his own banian. +You find him the farmer of great, of vast and extensive +farms. Another regulation that was made on +that occasion was, that no farmer should have, except +in particular cases, which were marked, described, +and accurately distinguished, a greater farm than +what paid 10,000<i>l.</i> a year to government. Mr. Hastings, +who had broken the first regulation by giving +any farm at all to his banian, finding himself bolder, +broke the second too, and, instead of 10,000<i>l.</i>, gave +him farms paying a revenue of 130,000<i>l.</i> a year to +government. Men undoubtedly have been known +to be under the dominion of their domestics; such<span class='pagenum'><a name="Page_20" id="Page_20">{20}</a></span> +things have happened to great men: they never have +happened justifiably in my opinion. They have never +happened excusably; but we are acquainted sufficiently +with the weakness of human nature to know +that a domestic who has served you in a near office +long, and in your opinion faithfully, does become a +kind of relation; it brings on a great affection and +regard for his interest. Now was this the case with +Mr. Hastings and Cantoo Baboo? Mr. Hastings was +just arrived at his government, and Cantoo Baboo +had been but a year in his service; so that he could +not in that time have contracted any great degree of +friendship for him. These people do not live in your +house; the Hindoo servants never sleep in it; they +cannot eat with your servants; they have no second +table, in which they can be continually about you, to +be domesticated with yourself, a part of your being, +as people's servants are to a certain degree. These +persons live all abroad; they come at stated hours +upon matters of business, and nothing more. But +if it had been otherwise, Mr. Hastings's connection +with Cantoo Baboo had been but of a year's standing; +he had before served in that capacity Mr. Sykes, +who recommended him to Mr. Hastings. Your Lordships, +then, are to judge whether such outrageous violations +of all the principles by which Mr. Hastings +pretended to be guided in the settlement of these +farms were for the benefit of this old, decayed, affectionate +servant of one year's standing: your Lordships +will judge of that.</p> + +<p>I have here spoken only of the beginning of a great, +notorious system of corruption, which branched out +so many ways and into such a variety of abuses, and +has afflicted that kingdom with such horrible evils<span class='pagenum'><a name="Page_21" id="Page_21">{21}</a></span> +from that day to this, that I will venture to say it +will make one of the greatest, weightiest, and most +material parts of the charge that is now before you; +as I believe I need not tell your Lordships that an +attempt to set up the whole landed interest of a +kingdom to auction must be attended, not only in +that act, but every consequential act, with most grievous +and terrible consequences.</p> + +<p>My Lords, I will now come to a scene of peculation +of another kind: namely, a peculation by the direct +sale of offices of justice,—by the direct sale of the +successions of families,—by the sale of guardianships +and trusts, held most sacred among the people of India: +by the sale of them, not, as before, to farmers, not, +as you might imagine, to near relations of the families, +but a sale of them to the unfaithful servants of those +families, their own perfidious servants, who had ruined +their estates, who, if any balances had accrued +to the government, had been the cause of those debts. +Those very servants were put in power over their estates, +their persons, and their families, by Mr. Hastings, +for a shameful price. It will be proved to your +Lordships, in the course of this business, that Mr. +Hastings has done this in another sacred trust, the +most sacred trust a man can have,—that is, in the +case of those <i>vakeels</i>, (as they call them,) agents, +or attorneys, who had been sent to assert and support +the rights of their miserable masters before the Council-General. +It will be proved that these vakeels +were by Mr. Hastings, for a price to be paid for it, +put in possession of the very power, situation, and +estates of those masters who sent them to Calcutta to +defend them from wrong and violence. The selling +offices of justice, the sale of succession in families, of<span class='pagenum'><a name="Page_22" id="Page_22">{22}</a></span> +guardianships and other sacred trusts, the selling +masters to their servants, and principals to the attorneys +they employed to defend themselves, were all +parts of the same system; and these were the horrid +ways in which he received bribes beyond any common rate.</p> + +<p>When Mr. Hastings was appointed in the year +1773 to be Governor-General of Bengal, together with +Mr. Barwell, General Clavering, Colonel Monson, and +Mr. Francis, the Company, knowing the former corrupt +state of their service, (but the whole corrupt +system of Mr. Hastings at that time not being known +or even suspected at home,) did order them, in discharge +of the spirit of the act of Parliament, to make +an inquiry into all manner of corruptions and malversations +in office, without the exception of any persons +whatever. Your Lordships are to know that the +act did expressly authorize the Court of Directors to +frame a body of instructions, and to give orders to +their new servants appointed under the act of Parliament, +lest it should be supposed that they, by their +appointment under the act, could supersede the authority +of the Directors. The Directors, sensible of +the power left in them over their servants by the act +of Parliament, though their nomination was taken +from them, did, agreeably to the spirit and power of +that act, give this order.</p> + +<p>The Council consisted of two parties: Mr. Hastings +and Mr. Barwell, who were chosen and kept +there upon the idea of their local knowledge; and +the other three, who were appointed on account of +their great parts and known integrity. And I will +venture to say that those three gentlemen did so execute +their duty in India, in all the substantial parts<span class='pagenum'><a name="Page_23" id="Page_23">{23}</a></span> +of it, that they will serve as a shield to cover the +honor of England, whenever this country is upbraided +in India.</p> + +<p>They found a rumor running through the country +of great peculations and oppressions. Soon after, +when it was known what their instructions were, and +that the Council was ready, as is the first duty of all +governors, even when there is no express order, to +receive complaints against the oppressions and corruptions +of government in any part of it, they found +such a body (and that body shall be produced to your +Lordships) of corruption and peculation in every +walk, in every department, in every situation of life, +in the sale of the most sacred trusts, and in the destruction +of the most ancient families of the country, +as I believe in so short a time never was unveiled +since the world began.</p> + +<p>Your Lordships would imagine that Mr. Hastings +would at least ostensibly have taken some part in endeavoring +to bring these corruptions before the public, +or that he would at least have acted with some little +management in his opposition. But, alas! it was not +in his power; there was not one, I think, but I am +sure very few, of these general articles of corruption, +in which the most eminent figure in the crowd, the +principal figure as it were in the piece, was not Mr. +Hastings himself. There were a great many others +involved; for all departments were corrupted and +vitiated. But you could not open a page in which +you did not see Mr. Hastings, or in which you did +not see Cantoo Baboo. Either the black or white +side of Mr. Hastings constantly was visible to the +world in every part of these transactions.</p> + +<p>With the other gentlemen, who were visible too,<span class='pagenum'><a name="Page_24" id="Page_24">{24}</a></span> +I have at present no dealing. Mr. Hastings, instead +of using any management on that occasion, instantly +set up his power and authority, directly against the +majority of the Council, directly against his colleagues, +directly against the authority of the East India Company +and the authority of the act of Parliament, to +put a dead stop to all these inquiries. He broke up +the Council, the moment they attempted to perform +this part of their duty. As the evidence multiplied +upon him, the daring exertions of his power in stopping +all inquiries increased continually. But he gave +a credit and authority to the evidence by these attempts +to suppress it.</p> + +<p>Your Lordships have heard that among the body +of the accusers of this corruption there was a principal +man in the country, a man of the first rank and +authority in it, called Nundcomar, who had the management +of revenues amounting to 150,000<i>l.</i> a year, +and who had, if really inclined to play the small game +with which he has been charged by his accusers, +abundant means to gratify himself in playing great +ones; but Mr. Hastings has himself given him, upon +the records of the Company, a character which would +at least justify the Council in making some inquiry +into charges made by him.</p> + +<p>First, he was perfectly competent to make them, +because he was in the management of those affairs +from which Mr. Hastings is supposed to have received +corrupt emolument. He and his son were the chief +managers in those transactions. He was therefore +perfectly competent to it.—Mr. Hastings has cleared +his character; for though it is true, in the contradictions +in which Mr. Hastings has entangled himself, he +has abused and insulted him, and particularly after<span class='pagenum'><a name="Page_25" id="Page_25">{25}</a></span> +his appearance as an accuser, yet before this he has +given this testimony of him, that the hatred that had +been drawn upon him, and the general obloquy of the +English nation, was on account of his attachment to +his own prince and the liberties of his country. Be +he what he might, I am not disposed, nor have I the +least occasion, to defend either his conduct or his +memory.</p> + +<p>It is to no purpose for Mr. Hastings to spend time +in idle objections to the character of Nundcomar. Let +him be as bad as Mr. Hastings represents him. I suppose +he was a caballing, bribing, intriguing politician, +like others in that country, both black and white. +We know associates in dark and evil actions are not +generally the best of men; but be that as it will, it +generally happens that they are the best of all discoverers. +If Mr. Hastings were the accuser of Nundcomar, +I should think the presumptions equally strong +against Nundcomar, if he had acted as Mr. Hastings +has acted.—He was not only competent, but the most +competent of all men to be Mr. Hastings's accuser. +But Mr. Hastings has himself established both his +character and his competency by employing him +against Mahomed Reza Khân. He shall not blow +hot and cold. In what respect was Mr. Hastings +better than Mahomed Reza Khân, that the whole +rule, principle, and system of accusation and inquiry +should be totally reversed in general, nay, reversed in +the particular instance, the moment he became accuser +against Mr. Hastings?—Such was the accuser. He +was the man that gave the bribes, and, in addition to +his own evidence, offers proof by other witnesses.</p> + +<p>What was the accusation? Was the accusation +improbable, either on account of the subject-matter<span class='pagenum'><a name="Page_26" id="Page_26">{26}</a></span> +or the actor in it? Does such an appointment as +that of Munny Begum, in the most barefaced evasion +of his orders, appear to your Lordships a matter that +contains no just presumptions of guilt, so that, when +a charge of bribery comes upon it, you are prepared +to reject it, as if the action were so clear and proper +that no man could attribute it to an improper motive? +And as to the man,—is Mr. Hastings a man against +whom a charge of bribery is improbable? Why, he +owns it. He is a professor of it. He reduces it into +scheme and system. He glories in it. He turns it +to merit, and declares it is the best way of supplying +the exigencies of the Company. Why, therefore, +should it be held improbable?—But I cannot mention +this proceeding without shame and horror.</p> + +<p>My Lords, when this man appeared as an accuser +of Mr. Hastings, if he was a man of bad character, +it was a great advantage to Mr. Hastings to be accused +by a man of that description. There was no +likelihood of any great credit being given to him.</p> + +<p>This person, who, in one of those sales of which I +have already given you some account in the history +of the last period of the revolutions of Bengal, had +been, or thought he had been, cheated of his money, +had made some discoveries, and been guilty of that +great irremissible sin in India, the disclosure of +peculation. He afterwards came with a second disclosure, +and was likely to have odium enough upon +the occasion. He directly charged Mr. Hastings with +the receipt of bribes, amounting together to about +40,000<i>l.</i> sterling, given by himself, on his own account +and that of Munny Begum. The charge was accompanied +with every particular which could facilitate +proof or detection,—time, place, persons, species, to<span class='pagenum'><a name="Page_27" id="Page_27">{27}</a></span> +whom paid, by whom received. Here was a fair +opportunity for Mr. Hastings at once to defeat the +malice of his enemies and to clear his character to +the world. His course was different. He railed +much at the accuser, but did not attempt to refute +the accusation. He refuses to permit the inquiry to +go on, attempts to dissolve the Council, commands his +banian not to attend. The Council, however, goes +on, examines to the bottom, and resolves that the +charge was proved, and that the money ought to go +to the Company. Mr. Hastings then broke up the +Council,—I will not say whether legally or illegally. +The Company's law counsel thought he might legally +do it; but he corruptly did it, and left mankind no +room to judge but that it was done for the screening +of his own guilt: for a man may use a legal power +corruptly, and for the most shameful and detestable +purposes. And thus matters continued, till he commenced +a criminal prosecution against this man,—this +man whom he dared not meet as a defendant.</p> + +<p>Mr. Hastings, instead of answering the charge, attacks +the accuser. Instead of meeting the man in +front, he endeavored to go round, to come upon his +flanks and rear, but never to meet him in the face, +upon the ground of his accusation, as he was bound +by the express authority of law and the express injunctions +of the Directors to do. If the bribery is not +admitted on the evidence of Nundcomar, yet his suppressing +it is a crime, a violation of the orders of the +Court of Directors. He disobeyed those instructions; +and if it be only for disobedience, for rebellion against +his masters, (putting the corrupt motive out of the +question,) I charge him for this disobedience, and especially +on account of the principles upon which he +proceeded in it.<span class='pagenum'><a name="Page_28" id="Page_28">{28}</a></span></p> + +<p>Then he took another step: he accused Nundcomar +of a conspiracy,—which was a way he then and +ever since has used, whenever means were taken to +detect any of his own iniquities.</p> + +<p>And here it becomes necessary to mention another +circumstance of history: that the legislature, not +trusting entirely to the Governor-General and Council, +had sent out a court of justice to be a counter +security against these corruptions, and to detect and +punish any such misdemeanors as might appear. +And this court I take for granted has done great +services.</p> + +<p>Mr. Hastings flew to this court, which was meant +to protect in their situations informers against bribery +and corruption, rather than to protect the accused +from any of the preliminary methods which must indispensably +be used for the purpose of detecting their +guilt,—he flew to this court, charging this Nundcomar +and others with being conspirators.</p> + +<p>A man might be convicted as a conspirator, and +yet afterwards live; he might put the matter into +other hands, and go on with his information; nothing +less than <i>stone-dead</i> would do the business. And +here happened an odd concurrence of circumstances. +Long before Nundcomar preferred his charge, he +knew that Mr. Hastings was plotting his ruin, and +that for this purpose he had used a man whom he, +Nundcomar, had turned out of doors, called Mohun +Persaud. Mr. Hastings had seen papers put upon +the board, charging him with this previous plot for +the destruction of Nundcomar; and this identical person, +Mohun Persaud, whom Nundcomar had charged +as Mr. Hastings's associate in plotting his ruin, was +now again brought forward as the principal evidence<span class='pagenum'><a name="Page_29" id="Page_29">{29}</a></span> +against him. I will not enter (God forbid I should!) +into the particulars of the subsequent trial of Nundcomar; +but you will find the marks and characters +of it to be these. You will find a close connection +between Mr. Hastings and the chief-justice, which we +shall prove. We shall prove that one of the witnesses +who appeared there was a person who had been before, +or has since been, concerned with Mr. Hastings +in his most iniquitous transactions. You will find, +what is very odd, that in this trial for forgery with +which this man stood charged, forgery in a private +transaction, all the persons who were witnesses or +parties to it had been, before or since, the particular +friends of Mr. Hastings,—in short, persons from that +rabble with whom Mr. Hastings was concerned, both +before and since, in various transactions and negotiations +of the most criminal kind. But the law took its +course. I have nothing more to say than that the +man is gone,—hanged justly, if you please; and that +it did so happen,—luckily for Mr. Hastings,—it so +happened, that the relief of Mr. Hastings, and the justice +of the court, and the resolution never to relax its +rigor, did all concur just at a happy nick of time and +moment; and Mr. Hastings, accordingly, had the full +benefit of them all.</p> + +<p>His accuser was supposed to be what men may be, +and yet very competent for accusers, namely, one of +his accomplices in guilty actions,—one of those persons +who may have a great deal to say of bribes. All +that I contend for is, that he was in the closest intimacy +with Mr. Hastings, was in a situation for giving +bribes,—and that Mr. Hastings was proved afterwards +to have received a sum of money from him, +which may be well referred to bribes.<span class='pagenum'><a name="Page_30" id="Page_30">{30}</a></span></p> + +<p>This example had its use in the way in which it +was intended to operate, and in which alone it could +operate. It did not discourage forgeries: they went +on at their usual rate, neither more nor less: but it +put an end to all accusations against all persons in +power for any corrupt practice. Mr. Hastings observes, +that no man in India complains of him. It is +generally true. The voice of all India is stopped. +All complaint was strangled with the same cord +that strangled Nundcomar. This murdered not only +that accuser, but all future accusation; and not only +defeated, but totally vitiated and reversed all the ends +for which this country, to its eternal and indelible +dishonor, had sent out a pompous embassy of justice +to the remotest parts of the globe.</p> + +<p>But though Nundcomar was put out of the way by +the means by which <i>he</i> was removed, a part of the +charge was not strangled with him. Whilst the process +against Nundcomar was carrying on before Sir +Elijah Impey, the process was continuing against Mr. +Hastings in other modes; the receipt of a part of +those bribes from Munny Begum, to the amount of +15,000<i>l.</i>, was proved against him, and that a sum to +the same amount was to be paid to his associate, Mr. +Middleton. As it was proved at Calcutta, so it will +be proved at your Lordships' bar to your entire satisfaction +by records and living testimony now in England. +It was, indeed, obliquely admitted by Mr. Hastings +himself.</p> + +<p>The excuse for this bribe, fabricated by Mr. Hastings, +and taught to Munny Begum, when he found +that she was obliged to prove it against him, was, +that it was given to him for his entertainment, +according to some pretended custom, at the rate of<span class='pagenum'><a name="Page_31" id="Page_31">{31}</a></span> +200<i>l.</i> sterling a day, whilst he remained at Moorshedabad. +My Lords, this leads me to a few reflections +on the apology or defence of this bribe. We shall +certainly, I hope, render it clear to your Lordships +that it was not paid in this manner as a daily allowance, +but given in a gross sum. But take it in his +own way, it was no less illegal, and no less contrary +to his covenant; but if true under the circumstances, +it was an horrible aggravation of his crime. The first +thing that strikes is, that visits from Mr. Hastings are +pretty severe things, and hospitality at Moorshedabad +is an expensive virtue, though for provision it is one +of the cheapest countries in the universe. No wonder +that Mr. Hastings lengthened his visit, and made +it extend near three months. Such hosts and such +guests cannot be soon parted. Two hundred pounds +a day for a visit! It is at the rate of 78,000<i>l.</i> a year +for himself; and as I find his companion was put on +the same allowance, it will be 146,000<i>l.</i> a year for +hospitality to two English gentlemen. I believe that +there is not a prince in Europe who goes to such +expensive hospitality of splendor.</p> + +<p>But that you may judge of the true nature of this +hospitality of corruption, I must bring before you the +business of the visitor and the condition of the host, +as stated by Mr. Hastings himself, who best knows +what he was doing. He was, then, at the old capital +of Bengal at the time of this expensive entertainment, +on a business of retrenchment, and for the establishment +of a most harsh, rigorous, and oppressive economy. +He wishes the task were assigned to spirits of a +less gentle kind. By Mr. Hastings's account, he was +giving daily and hourly wounds to his humanity in +depriving of their sustenance hundreds of persons of<span class='pagenum'><a name="Page_32" id="Page_32">{32}</a></span> +the ancient nobility of a great fallen kingdom. Yet +it was in the midst of this galling duty, it was at that +very moment of his tender sensibility, that, from the +collected morsels plucked from the famished mouths +of hundreds of decayed, indigent, and starving nobility, +he gorged his ravenous maw with 200<i>l.</i> a day for +his entertainment. In the course of all this proceeding +your Lordships will not fail to observe he is never +corrupt, but he is cruel; he never dines with comfort, +but where he is sure to create a famine. He never +robs from the loose superfluity of standing greatness; +he devours the fallen, the indigent, the necessitous. +His extortion is not like the generous rapacity of the +princely eagle, who snatches away the living, struggling +prey; he is a vulture, who feeds upon the prostrate, +the dying, and the dead. As his cruelty is more +shocking than his corruption, so his hypocrisy has +something more frightful than his cruelty; for whilst +his bloody and rapacious hand signs proscriptions, +and now sweeps away the food of the widow and the +orphan, his eyes overflow with tears, and he converts +the healing balm that bleeds from wounded humanity +into a rancorous and deadly poison to the race of +man.</p> + +<p>Well, there was an end to this tragic entertainment, +this feast of Tantalus. The few left on the pension-list, +the poor remnants that had escaped, were they +paid by his administratrix and deputy, Munny Begum? +Not a shilling. No fewer than forty-nine petitions, +mostly from the widows of the greatest and most +splendid houses of Bengal, came before the Council, +praying in the most deplorable manner for some sort +of relief out of the pittance assigned them. His colleagues, +General Clavering, Colonel Monson, and Mr.<span class='pagenum'><a name="Page_33" id="Page_33">{33}</a></span> +Francis, men who, when England is reproached for the +government of India, will, I repeat it, as a shield be +held up between this nation and infamy, did, in conformity +to the strict orders of the Directors, appoint +Mahomed Reza Khân to his old offices, that is, to the +general superintendency of the household and the administration +of justice, a person who by his authority +might keep some order in the ruling family and +in the state. The Court of Directors authorized them +to assure those offices to him, with a salary reduced +indeed to 30,000<i>l.</i> a year, during his good behavior. +But Mr. Hastings, as soon as he obtained a majority +by the death of the two best men ever sent to India, +notwithstanding the orders of the Court of Directors, +in spite of the public faith solemnly pledged to Mahomed +Reza Khân, without a shadow of complaint, +had the audacity to dispossess him of all his offices, +and appoint his bribing patroness, the old dancing-girl, +Munny Begum, once more to the viceroyalty and all +its attendant honors and functions.</p> + +<p>The pretence was more insolent and shameless +than the act. Modesty does not long survive innocence. +He brings forward the miserable pageant of +the Nabob, as he called him, to be the instrument +of his own disgrace, and the scandal of his family +and government. He makes him to pass by his +mother, and to petition us to appoint Munny Begum +once more to the administration of the viceroyalty. +He distributed Mahomed Reza Khân's salary as a +spoil.</p> + +<p>When the orders of the Court to restore Mahomed +Reza Khân, with their opinion on the corrupt cause +of his removal, and a second time to pledge to him +the public faith for his continuance, were received,<span class='pagenum'><a name="Page_34" id="Page_34">{34}</a></span> +Mr. Hastings, who had been just before a pattern of +obedience, when the despoiling, oppressing, imprisoning, +and persecuting this man was the object, yet, +when the order was of a beneficial nature, and pleasant +to a well-formed mind, he at once loses all his +old principles, he grows stubborn and refractory, and +refuses obedience. And in this sullen, uncomplying +mood he continues, until, to gratify Mr. Francis, in +an agreement on some of their differences, he consented +to his proposition of obedience to the appointment +of the Court of Directors. He grants to his +arrangement of convenience what he had refused to +his duty, and replaces that magistrate. But mark +the double character of the man, never true to anything +but fraud and duplicity. At the same time +that he publicly replaces this magistrate, pretending +compliance with his colleague and obedience to his +masters, he did, in defiance of his own and the public +faith, privately send an assurance to the Nabob, that +is, to Munny Begum,—informs her that he was compelled +by necessity to the present arrangement in +favor of Mahomed Reza Khân, but that on the first +opportunity he would certainly displace him again. +And he kept faith with his corruption; and to show +how vainly any one sought protection in the lawful +authority of this kingdom, he displaced Mahomed +Reza Khân from the lieutenancy and controllership, +leaving him only the judicial department miserably +curtailed.</p> + +<p>But does he adhere to his old pretence of freedom +to the Nabob? No such thing. He appoints an absolute +master to him under the name of Resident, +a creature of his personal favor, Sir John D'Oyly, +from whom there is not one syllable of correspondence<span class='pagenum'><a name="Page_35" id="Page_35">{35}</a></span> +and not one item of account. How grievous this +yoke was to that miserable captive appears by a paper +of Mr. Hastings, in which he acknowledges that +the Nabob had offered, out of the 160,000<i>l.</i> payable to +him yearly, to give up to the Company no less than +40,000<i>l.</i> a year, in order to have the free disposal of +the rest. On this all comment is superfluous. Your +Lordships are furnished with a standard by which +you may estimate his real receipt from the revenue +assigned to him, the nature of the pretended Residency, +and its predatory effects. It will give full credit to +what was generally rumored and believed, that substantially +and beneficially the Nabob never received +fifty out of the one hundred and sixty thousand +pounds; which will account for his known poverty +and wretchedness, and that of all about him.</p> + +<p>Thus by his corrupt traffic of bribes with one scandalous +woman he disgraced and enfeebled the native +Mahomedan government, captived the person of the +sovereign, and ruined and subverted the justice of +the country. What is worse, the steps taken for the +murder of Nundcomar, his accuser, have confirmed +and given sanction not only to the corruptions then +practised by the Governor-General, but to all of which +he has since been guilty. This will furnish your +Lordships with some general idea which will enable +you to judge of the bribe for which he sold the +country government.</p> + +<p>Under this head you will have produced to you full +proof of his sale of a judicial office to a person called +Khân Jehan Khân, and the modes he took to frustrate +all inquiry on that subject, upon a wicked and +false pretence, that, according to his religious scruples, +he could not be sworn.<span class='pagenum'><a name="Page_36" id="Page_36">{36}</a></span></p> + +<p>The great end and object I have in view is to show +the criminal tendency, the mischievous nature of these +crimes, and the means taken to elude their discovery. +I am now giving your Lordships that general view +which may serve to characterize Mr. Hastings's administration +in all the other parts of it.</p> + +<p>It was not true in fact, as Mr. Hastings gives out, +that there was nothing now against him, and that, +when he had got rid of Nundcomar and his charge, +he got rid of the whole. No such thing. An immense +load of charges of bribery remained. They +were coming afterwards from every part of the province; +and there was no office in the execution of +justice which he was not accused of having sold in +the most flagitious manner.</p> + +<p>After all this thundering the sky grew calm and +clear, and Mr. Hastings sat with recorded peculation, +with peculation proved upon oath on the minutes of +that very Council,—he sat at the head of that Council +and that board where his peculations were proved +against him. These were afterwards transmitted and +recorded in the registers of his masters, as an eternal +monument of his corruption, and of his high disobedience, +and flagitious attempts to prevent a discovery +of the various peculations of which he had +been guilty, to the disgrace and ruin of the country +committed to his care.</p> + +<p>Mr. Hastings, after the execution of Nundcomar, if +he had intended to make even a decent and commonly +sensible use of it, would naturally have said, "This +man is justly taken away who has accused me of these +crimes; but as there are other witnesses, as there are +other means of a further inquiry, as the man is gone +of whose perjuries I might have reason to be afraid,<span class='pagenum'><a name="Page_37" id="Page_37">{37}</a></span> +let us now go into the inquiry." I think he did very +ill not to go into the inquiry when the man was alive; +but be it so, that he was afraid of him, and waited till +he was removed, why not afterwards go into such an +inquiry? Why not go into an inquiry of all the other +peculations and charges upon him, which were innumerable, +one of which I have just mentioned in particular, +the charge of Munny Begum, of having received +from her, or her adopted son, a bribe of 40,000<i>l.</i>?</p> + +<p>Is it fit for a governor to say, will Mr. Hastings say +before this august assembly, "I may be accused in a +court of justice,—I am upon my defence,—let all +charges remain against me,—I will not give you an +account"? Is it fit that a governor should sit with +recorded bribery upon him at the head of a public +board and the government of a great kingdom, when +it is in his power by inquiry to do it away? No: +the chastity of character of a man in that situation +ought to be as dear to him as his innocence. Nay, +more depended upon it. His innocence regarded himself; +his character regarded the public justice, regarded +his authority, and the respect due to the English +in that country. I charge it upon him, that not +only did he suppress the inquiry to the best of his +power, (and it shall be proved,) but he did not in any +one instance endeavor to clear off that imputation and +reproach from the English government. He went +further; he never denied hardly any of those charges +at the time. They are so numerous that I cannot +be positive; some of them he might meet with some +sort of denial, but the most part he did not.</p> + +<p>The first thing a man under such an accusation +owes to the world is to deny the charge; next, to put +it to the proof; and lastly, to let inquiry freely go on.<span class='pagenum'><a name="Page_38" id="Page_38">{38}</a></span> +He did not permit this, but stopped it all in his power. +I am to mention some exceptions, perhaps, hereafter, +which will tend to fortify the principle tenfold.</p> + +<p>He promised, indeed, the Court of Directors (to +whom he never denied the facts) a full and liberal +explanation of these transactions; which full and liberal +explanation he never gave. Many years passed; +even Parliament took notice of it; and he never +gave them a liberal explanation, or any explanation +at all of them. A man may say, "I am threatened +with a suit in a court, and it may be very disadvantageous +to me, if I disclose my defence." That +is a proper answer for a man in common life, who +has no particular character to sustain; but is that +a proper answer for a governor accused of bribery, +that accusation transmitted to his masters, and his +masters giving credit to it? Good God! is that a +state in which a man is to say, "I am upon the defensive—I +am on my guard,—I will give you no satisfaction,—I +have promised it, but I have already +deferred it for seven or eight years"? Is not this +tantamount to a denial?</p> + +<p>Mr. Hastings, with this great body of bribery +against him, was providentially freed from Nundcomar, +one of his accusers, and, as good events do not +come alone, (I think there is some such proverb,) it +did so happen that all the rest, or a great many of +them, ran away. But, however, the recorded evidence +of the former charges continued; no new evidence +came in; and Mr. Hastings enjoyed that happy repose +which branded peculation, fixed and eternized upon +the records of the Company, must leave upon a mind +conscious of its own integrity.</p> + +<p>My Lords, I will venture to say, there is no man<span class='pagenum'><a name="Page_39" id="Page_39">{39}</a></span> +but owes something to his character. It is the grace, +undoubtedly, of a virtuous, firm mind often to despise +common, vulgar calumny; but if ever there is an +occasion in which it does become such a mind to disprove +it, it is the case of being charged in high office +with pecuniary malversation, pecuniary corruption. +There is no case in which it becomes an honest man, +much less a great man, to leave upon record specific +charges against him of corruption in his government, +without taking any one step whatever to refute them.</p> + +<p>Though Mr. Hastings took no step to refute the +charges, he took many steps to punish the authors of +them; and those miserable people who had the folly +to make complaints against Mr. Hastings, to make +them under the authority of an act of Parliament, +under every sanction of public faith, yet, in consequence +of those charges, every person concerned in +them has been, as your Lordships will see, since his +restoration to power, absolutely undone, brought from +the highest situation to the lowest misery, so that +they may have good reason to repent they ever trusted +an English Council, that they ever trusted a Court +of Directors, that they ever trusted an English act +of Parliament, that they ever dared to make their +complaints.</p> + +<p>And here I charge upon Mr. Hastings, that, by +never taking a single step to defeat or detect the +falsehood of any of those charges against him, and +by punishing the authors of them, he has been guilty +of such a subversion of all the principles of British +government as will deserve, and will I dare say meet, +your Lordships' most severe animadversion.</p> + +<p>In the course of this inquiry we find a sort of +pause in his peculations, a sort of gap in the history,<span class='pagenum'><a name="Page_40" id="Page_40">{40}</a></span> +as if pages were torn out. No longer we meet with +the same activity in taking money that was before +found; not even a trace of complimentary presents +is to be found in the records during the time whilst +General Clavering, Colonel Monson, and Mr. Francis +formed the majority of the Council. There seems +to have been a kind of truce with that sort of conduct +for a while, and Mr. Hastings rested upon his +arms. However, the very moment Mr. Hastings returned +to power, peculation began again just at the +same instant; the moment we find him free from the +compulsion and terror of a majority of persons otherwise +disposed than himself, we find him at his peculation +again.</p> + +<p>My Lords, at this time very serious inquiries had +begun in the House of Commons concerning peculation. +They did not go directly to Bengal, but they +began upon the coast of Coromandel, and with the +principal governors there. There was, however, an +universal opinion (and justly founded) that these inquiries +would go to far greater lengths. Mr. Hastings +was resolved, then, to change the whole course +and order of his proceeding. Nothing could persuade +him, upon any account, to lay aside his system +of bribery: that he was resolved to persevere in. +The point was now to reconcile it with his safety. +The first thing he did was to attempt to conceal it; +and accordingly we find him depositing very great +sums of money in the public treasury through the +means of the two persons I have already mentioned, +namely, the deputy-treasurer and the accountant,—paying +them in and taking bonds for them as money +of his own, and bearing legal interest. This was his +method of endeavoring to conceal some at least of his<span class='pagenum'><a name="Page_41" id="Page_41">{41}</a></span> +bribes: for I would not suggest, nor have your Lordships +to think, that I believe that these were his only +bribes,—for there is reason to think there was an +infinite number besides; but it did so happen that +they were those bribes which he thought might be +discovered, some of which he knew were discovered, +and all of which he knew might become the subject +of a Parliamentary inquiry.</p> + +<p>Mr. Hastings said he might have concealed them +forever. Every one knows the facility of concealing +corrupt transactions everywhere, in India particularly. +But this is by himself proved not to be universally +true, at least not to be true in his own opinion; +for he tells you, in his letter from Cheltenham, that +he <i>would</i> have concealed the Nabob's 100,000<i>l.</i>, but +that the magnitude rendered it easy of discovery. +He, therefore, avows an intention of concealment.</p> + +<p>But it happens here, very singularly, that this sum, +which his fears of discovery by <i>others</i> obliged him to +discover <i>himself</i>, happens to be one of those of which +no trace whatsoever appears, except merely from the +operation of his own apprehensions. There is no +collateral testimony: Middleton knew nothing of it; +Anderson knew nothing of it; it was not directly +communicated to the faithful Larkins or the trusty +Croftes;—which proves, indeed, the facility of concealment. +The fact is, you find the application always +upon the discovery. But concealment or discovery +is a thing of accident.</p> + +<p>The bribes which I have hitherto brought before +your Lordships belong to the first period of his bribery, +before he thought of the doctrine on which he +has since defended it. There are many other bribes +which we charge him with having received during<span class='pagenum'><a name="Page_42" id="Page_42">{42}</a></span> +this first period, before an improving conversation +and close virtuous connection with great lawyers had +taught him how to practise bribes in such a manner +as to defy detection, and instead of punishment to +plead merit. I am not bound to find order and consistency +in guilt: it is the reign of disorder. The +order of the proceeding, as far as I am able to trace +such a scene of prevarication, direct fraud, falsehood, +and falsification of the public accounts, was this. +From bribes he knew he could never abstain; and +his then precarious situation made him the more rapacious. +He knew that a few of his former bribes +had been discovered, declared, recorded,—that for +the moment, indeed, he was secure, because all informers +had been punished and all concealers rewarded. +He expected hourly a total change in the +Council, and that men like Clavering and Monson +might be again joined to Francis, that some great +avenger should arise from their ashes,—"<i>Exoriare, +aliquis nostris ex ossibus ultor</i>,"—and that a more severe +investigation and an infinitely more full display +would be made of his robbery than hitherto had been +done. He therefore began, in the agony of his guilt, +to cast about for some device by which he might continue +his offence, if possible, with impunity,—and +possibly make a merit of it. He therefore first carefully +perused the act of Parliament forbidding bribery, +and his old covenant engaging him not to receive +presents. And here he was more successful than upon +former occasions. If ever an act was studiously +and carefully framed to prevent bribery, it is that +law of the 13th of the King, which he well observes +admits no latitudes of construction, no subterfuge, +no escape, no evasion. Yet has he found a defence<span class='pagenum'><a name="Page_43" id="Page_43">{43}</a></span> +of his crimes even in the very provisions which were +made for their prevention and their punishment. +Besides the penalty which belongs to every informer, +the East India Company was invested with a fiction +of property in all such bribes, in order to drag them +with more facility out of the corrupt hands which +held them. The covenant, with an exception of +one hundred pounds, and the act of Parliament, without +any exception, declared that the Governor-General +and Council should receive no presents <i>for their +own use</i>. He therefore concluded that the system +of bribery and extortion might be clandestinely and +safely carried on, provided the party taking the bribes +had an inward intention and mental reservation that +they should be privately applied to the Company's +service in any way the briber should think fit, and +that on many occasions this would prove the best +method of supply for the exigencies of their service.</p> + +<p>He accordingly formed, or pretended to form, a private +bribe exchequer, collateral with and independent +of the Company's public exchequer, though in some +cases administered by those whom for his purposes +he had placed in the regular official department. +It is no wonder that he has taken to himself an extraordinary +degree of merit. For surely such an invention +of finance, I believe, never was heard of,—an +exchequer wherein extortion was the assessor, +fraud the cashier, confusion the accountant, concealment +the reporter, and oblivion the remembrancer: +in short, such as I believe no man, but one driven by +guilt into frenzy, could ever have dreamed of.</p> + +<p>He treats the official and regular Directors with +just contempt, as a parcel of mean, mechanical book-keepers. +He is an eccentric book-keeper, a Pindaric<span class='pagenum'><a name="Page_44" id="Page_44">{44}</a></span> +accountant. I have heard of "the poet's eye in a +fine frenzy rolling." Here was a revenue exacted +from whom he pleased, at what times he pleased, in +what proportions he pleased, through what persons he +pleased, by what means he pleased, to be accounted +for or not, at his discretion, and to be applied to what +service he thought proper. I do believe your Lordships +stand astonished at this scheme; and indeed I +should be very loath to venture to state such a scheme +at all, however I might have credited it myself, to any +sober ears, if, in his defence before the House of Commons, +and before the Lords, he had not directly admitted +the fact of taking the bribes or forbidden presents, +and had not in those defences, and much more fully +in his correspondence with the Directors, admitted +the fact, and justified it upon these very principles.</p> + +<p>As this is a thing so unheard-of and unexampled +in the world, I shall first endeavor to account as well +as I can for his motives to it, which your Lordships +will receive or reject, just as you shall find them tally +with the evidence before you: I say, his motives to +it; because I contend that public valid reasons for it +he could have none; and the idea of making the corruption +of the Governor-General a resource to the +Company never did or could for a moment enter into +his thoughts. I shall then take notice of the juridical +constructions upon which he justifies his acting +in this extraordinary manner; and lastly, show you +the concealments, prevarications, and falsehoods with +which he endeavors to cover it. Because wherever +you find a concealment you make a discovery. Accounts +of money received and paid ought to be regular +and official.</p> + +<p>He wrote over to the Court of Directors, that there<span class='pagenum'><a name="Page_45" id="Page_45">{45}</a></span> +were certain sums of money he had received and +which were not his own, but that he had received +them for their use. By this time his intercourse with +gentlemen of the law became more considerable than +it had been before. When first attacked for presents, +he never denied the receipt of them, or pretended to +say they were for public purposes; but upon looking +more into the covenants, and probably with better +legal advice, he found that no money could be legally +received for his own use; but as these bribes were +directly given and received as for his own use, yet +(says he) "there was an inward destination of them +in my own mind to your benefit, and to your benefit +have I applied them."</p> + +<p>Now here is a new system of bribery, contrary to +law, very ingenious in the contrivance, but, I believe, +as unlikely to produce its intended effect upon the +mind of man as any pretence that was ever used. +Here Mr. Hastings changes his ground. Before, he +was accused as a peculator; he did not deny the fact; +he did not refund the money; he fought it off; he +stood upon the defensive, and used all the means in his +power to prevent the inquiry. That was the first era +of his corruption,—a bold, ferocious, plain, downright +use of power. In the second, he is grown a little +more careful and guarded,—the effect of subtilty. +He appears no longer as a defendant; he holds himself +up with a firm, dignified, and erect countenance, +and says, "I am not here any longer as a delinquent, +a receiver of bribes, to be punished for what I have +done wrong, or at least to suffer in my character for +it. No: I am a great inventive genius, who have gone +out of all the ordinary roads of finance, have made +great discoveries in the unknown regions of that sci<span class='pagenum'><a name="Page_46" id="Page_46">{46}</a></span>ence, +and have for the first time established the corruption +of the supreme magistrate as a principle of +resource for government."</p> + +<p>There are crimes, undoubtedly, of great magnitude, +naturally fitted to create horror, and that +loudly call for punishment, that have yet no idea of +<i>turpitude</i> annexed to them; but unclean hands, bribery, +venality, and peculation are offences of turpitude, +such as, in a governor, at once debase the person +and degrade the government itself, making it not +only <i>horrible</i>, but vile and contemptible in the eyes of +all mankind. In this humiliation and abjectness of +guilt, he comes here not as a criminal on his defence, +but as a vast fertile genius who has made astonishing +discoveries in the art of government,—"<i>Dicam insigne, +recens, alio indictum ore</i>"—who, by his flaming +zeal and the prolific ardor and energy of his mind, has +boldly dashed out of the common path, and served +his country by new and untrodden ways; and now +he generously communicates, for the benefit of all +future governors and all future governments, the +grand arcanum of his long and toilsome researches. +He is the first, but, if we do not take good +care, he will not be the last, that has established +the corruption of the supreme magistrate among the +settled resources of the state; and he leaves this +principle as a bountiful donation, as the richest deposit +that ever was made in the treasury of Bengal. +He claims glory and renown from that by which +every other person since the beginning of time has +been dishonored and disgraced. It has been said of +an ambassador, that he is a person employed to tell +lies for the advantage of the court that sends him. +His is patriotic bribery, and public-spirited corrup<span class='pagenum'><a name="Page_47" id="Page_47">{47}</a></span>tion. +He is a peculator for the good of his country. +It has been said that private vices are public benefits. +He goes the full length of that position, and turns his +private peculation into a public good. This is what +you are to thank him for. You are to consider him +as a great inventor upon this occasion. Mr. Hastings +improves on this principle. He is a robber in +gross, and a thief in detail,—he steals, he filches, he +plunders, he oppresses, he extorts,—all for the good +of the dear East India Company,—all for the advantage +of his honored masters, the Proprietors,—all in +gratitude to the dear perfidious Court of Directors, +who have been in a practice to heap "insults on his +person, slanders on his character, and indignities on +his station,—who never had the confidence in him +that they had in the meanest of his predecessors."</p> + +<p>If you sanction this practice, if, after all you have +exacted from the people by your taxes and public +imposts, you are to let loose your servants upon them, +to extort by bribery and peculation what they can +from them, for the purpose of applying it to the public +service only whenever they please, this shocking +consequence will follow from it. If your Governor +is discovered in taking a bribe, he will say, "What +is that to you? mind your business; I intend it +for the public service." The man who dares to accuse +him loses the favor of the Governor-General +and the India Company. They will say, "The Governor +has been doing a meritorious action, extorting +bribes for our benefit, and you have the impudence +to think of prosecuting him." So that the moment +the bribe is detected, it is instantly turned into a +merit: and we shall prove that this is the case with +Mr. Hastings, whenever a bribe has been discovered.<span class='pagenum'><a name="Page_48" id="Page_48">{48}</a></span></p> + +<p>I am now to inform your Lordships, that, when he +made these great discoveries to the Court of Directors, +he never tells them who gave him the money, upon +what occasion he received it, by what hands, or to +what purposes he applied it.</p> + +<p>When he can himself give no account of his motives, +and even declares that he cannot assign any +cause, I am authorized and required to find motives +for him,—corrupt motives for a corrupt act. There +is no one capital act of his administration that did not +strongly imply corruption. When a man is known +to be free from all imputation of taking money, and +it becomes an established part of his character, the +errors or even crimes of his administration ought to +be, and are in general, traced to other sources. You +know it is a maxim. But once convict a man of +bribery in any instance, and once by direct evidence, +and you are furnished with a rule of irresistible presumption +that every other irregular act by which +unlawful gain may arise is done upon the same corrupt +motive. <i>Semel malus præsumitur semper malus.</i> +As for good acts candor, charity, justice oblige me +not to assign evil motives, unless they serve some +scandalous purpose or terminate in some manifest +evil end, so justice, reason, and common sense compel +me to suppose that wicked acts have been done upon +motives correspondent to their nature: otherwise I +reverse all the principles of judgment which can guide +the human mind, and accept even the symptoms, the +marks and criteria of guilt, as presumptions of innocence. +One that confounds good and evil is an enemy +to the good.</p> + +<p>His conduct upon these occasions may be thought +irrational. But, thank God, guilt was never a rational<span class='pagenum'><a name="Page_49" id="Page_49">{49}</a></span> +thing: it distorts all the faculties of the mind; it perverts +them; it leaves a man no longer in the free +use of his reason; it puts him into confusion. He +has recourse to such miserable and absurd expedients +for covering his guilt as all those who are used to sit +in the seat of judgment know have been the cause of +detection of half the villanies in the world. To argue +that these could not be his reasons, because they were +not wise, sound, and substantial, would be to suppose, +what is not true, that bad men were always discreet +and able. But I can very well from the circumstances +discover motives which may affect a giddy, superficial, +shattered, guilty, anxious, restless mind, full +of the weak resources of fraud, craft, and intrigue, +that might induce him to make these discoveries, and +to make them in the manner he has done. Not rational, +and well-fitted for their purposes, I am very +ready to admit. For God forbid that guilt should +ever leave a man the free, undisturbed use of his +faculties! For as guilt never rose from a true use of +our rational faculties, so it is very frequently subversive +of them. God forbid that prudence, the first of +all the virtues, as well as the supreme director of them +all, should ever be employed in the service of any of +the vices! No: it takes the lead, and is never found +where justice does not accompany it; and if ever it +is attempted to bring it into the service of the vices, it +immediately subverts their cause. It tends to their +discovery, and, I hope and trust, finally to their utter +ruin and destruction.</p> + +<p>In the first place, I am to remark to your Lordships, +that the accounts he has given of one of these sums +of money are totally false and contradictory. Now +there is not a stronger presumption, nor can one<span class='pagenum'><a name="Page_50" id="Page_50">{50}</a></span> +want more reason to judge a transaction fraudulent, +than that the accounts given of it are contradictory; +and he has given three accounts utterly irreconcilable +with each other. He is asked, "How came you to +take bonds for this money, if it was not your own? +How came you to vitiate and corrupt the state of the +Company's records, and to state yourself a lender to +the Company, when in reality you were their debtor?" +His answer was, "I really cannot tell; I have forgot +my reasons; the distance of time is so great," (namely, +a time of about two years, or not so long,) "I +cannot give an account of the matter; perhaps I had +this motive, perhaps I had another," (but what is the +most curious,) "perhaps I had none at all which I +can now recollect." You shall hear the account +which Mr. Hastings himself gives, his own fraudulent +representation, of these corrupt transactions. "For +my motives for withholding the several receipts from +the knowledge of the Council, or of the Court of Directors, +and for taking bonds for part of these sums +and paying others into the treasury as deposits on my +own account, I have generally accounted in my letter +to the Honorable the Court of Directors of the 22d of +May, 1782,—namely, that I either chose to conceal the +first receipts from public curiosity by receiving bonds +for the amount, or possibly acted without any studied +design which my memory at that distance of time +could verify, and that I did not think it worth my +care to observe the same means with the rest. It will +not be expected that I should be able to give a more +correct explanation of my intentions after a lapse of +three years, having declared at the time that many +particulars had escaped my remembrance; neither +shall I attempt to add more than the clearer affirma<span class='pagenum'><a name="Page_51" id="Page_51">{51}</a></span>tion +of the facts implied in that report of them, and +such inferences as necessarily, or with a strong probability, +follow them."</p> + +<p>My Lords, you see, as to any direct explanation, +that he fairly gives it up: he has used artifice and +stratagem, which he knows will not do; and at last +attempts to cover the treachery of his conduct by +the treachery of his memory. Frequent applications +were made to Mr. Hastings upon this article from the +Company,—gentle hints, <i>gemitus columbæ</i>,—rather, +little amorous complaints that he was not more open +and communicative; but all these gentle insinuations +were never able to draw from him any further account +till he came to England. When he came here, he +left not only his memory, but all his notes and references, +behind in India. When in India the Company +could get no account of them, because he himself +was not in England; and when he was in England, +they could get no account, because his papers were +in India. He then sends over to Mr. Larkins to give +that account of his affairs which he was not able to +give himself. Observe, here is a man taking money +privately, corruptly, and which was to be sanctified +by the future application of it, taking false securities +to cover it, and who, when called upon to tell whom +he got the money from, for what ends, and on what +occasion, neither will tell in India nor can tell in +England, but sends for such an account as he has +thought proper to furnish.</p> + +<p>I am now to bring before you an account of what I +think much the most serious part of the effects of +his system of bribery, corruption, and peculation. +My Lords, I am to state to you the astonishing and +almost incredible means he made use of to lay all the<span class='pagenum'><a name="Page_52" id="Page_52">{52}</a></span> +country under contribution, to bring the whole into +such dejection as should put his bribes out of the +way of discovery. Such another example of boldness +and contrivance I believe the world cannot furnish.</p> + +<p>I have already shown, amongst the mass of his +corruptions, that he let the whole of the lands to farm +to the banians; next, that he sold the whole Mahomedan +government of that country to a woman. This +was bold enough, one should think; but without entering +into the circumstances of the revenue change in +1772, I am to tell your Lordships that he had appointed +six Provincial Councils, each consisting of many +members, who had the ordinary administration of civil +justice in that country, and the whole business of the +collection of the revenues.</p> + +<p>These Provincial Councils accounted to the Governor-General +and Council, who in the revenue department +had the whole management, control, and +regulation of the revenue. Mr. Hastings did in several +papers to the Court of Directors declare, that the +establishment of these Provincial Councils, which at +first he stated only as experimental, had proved useful +in the experiment,—and on that use, and upon +that experiment, he had sent even the plan of an act +of Parliament, to have it confirmed with the last and +most sacred authority of this country. The Court of +Directors desired, that, if he thought any other method +more proper, he would send it to them for their +approbation.</p> + +<p>Thus the whole face of the British government, the +whole of its order and constitution, remained from +1772 to 1781. He had got rid, some time before +this period, by death, of General Clavering, by death, +of Colonel Monson, and by vexation and persecution,<span class='pagenum'><a name="Page_53" id="Page_53">{53}</a></span> +and his consequent dereliction of authority, he had +shaken off Mr. Francis. The whole Council consisting +only of himself and Mr. Wheler, he, having +the casting vote, was in effect the whole Council; +and if ever there was a time when principle, decency, +and decorum rendered it improper for him to do any +extraordinary acts without the sanction of the Court +of Directors, that was the time. Mr. Wheler was +taken off,—despair perhaps rendering the man, who +had been in opposition futilely before, compliable. +The man is dead. He certainly did not oppose him; +if he had, it would have been in vain. But those +very circumstances which rendered it atrocious in +Mr. Hastings to make any change induced him to +make this. He thought that a moment's time was +not to be lost,—that other colleagues might come, +where he might be overpowered by a majority again, +and not able to pursue his corrupt plans. Therefore +he was resolved,—your Lordships will remark the +whole of this most daring and systematic plan of bribery +and peculation,—he resolved to put it out of the +power of his Council in future to check or control +him in any of his evil practices.</p> + +<p>The first thing he did was to form an ostensible +council at Calcutta for the management of the revenues, +which was not effectually bound, except it +thought fit, to make any reference to the Supreme +Council. He delegated to them—that is, to four +covenanted servants—those functions which by act +of Parliament and the Company's orders were to be +exercised by the Council-General; he delegated to +four gentlemen, creatures of his own, his own powers, +but he laid them out to good interest. It appears odd +that one of the first acts to a Governor-General, so<span class='pagenum'><a name="Page_54" id="Page_54">{54}</a></span> +jealous of his power as he is known to be, as soon as +he had all the power in his own hands, should be to +put all the revenues out of his own control. This +upon the first view is an extraordinary proceeding. +His next step was, without apprising the Court of +Directors of his intention, or without having given +an idea of any such intention to his colleagues while +alive, either those who died in India, or those who +afterwards returned to Europe, in one day, in a moment, +to annihilate the whole authority of the Provincial +Councils, and delegate the whole power to these +four gentlemen.</p> + +<p>These four gentlemen had for their secretary an +agent given them by Mr. Hastings: a name that you +will often hear of; a name at the sound of which all +India turns pale; the most wicked, the most atrocious, +the boldest, the most dexterous villain that ever +the rank servitude of that country has produced. My +Lords, I am speaking with the most assured freedom, +because there never was a friend of Mr. Hastings, +there never was a foe of Mr. Hastings, there never was +any human person, that ever differed on this occasion, +or expressed any other idea of Gunga Govind Sing, the +friend of Mr. Hastings, whom he intrusted with this +important post. But you shall hear, from the account +given by themselves, what the Council thought +of their functions, of their efficiency for the charge, +and in whose hands that efficiency really was. I beg, +hope, and trust, that your Lordships will learn from +the persons themselves who were appointed to execute +the office their opinion of the real execution of +it, in order that you may judge of the plan for which +he destroyed the whole English administration in +India.<span class='pagenum'><a name="Page_55" id="Page_55">{55}</a></span></p> + +<p>"The Committee must have a dewan, or executive +officer, call him by what name you please. This +man, in fact, has all the revenue paid at the Presidency +at his disposal, and can, if he has any abilities, +bring all the renters under contribution. It is little +advantage to restrain the Committee themselves from +bribery or corruption, when their executive officer +has the power of practising both undetected. To +display the arts employed by a native on such occasions +would fill a volume. He discovers the secret +resources of the zemindars and renters, their enemies +and competitors; and by the engines of hope and fear, +raised upon these foundations, he can work them to +his purpose. The Committee, with the best intentions, +best abilities, and steadiest application, must +after all be a tool in the hands of their dewan."</p> + +<p>Your Lordships see what the opinion of the Council +was of their own constitution. You see for what +it was made. You see for what purposes the great +revenue trust was taken from the Council-General, +from the supreme government. You see for what +purposes the executive power was destroyed. You +have it from one of the gentlemen of this commission, +at first four in number, and afterwards five, who was +the most active, efficient member of it. You see it was +made for the purpose of being a tool in the hands of +Gunga Govind Sing; that integrity, ability, and vigilance +could avail nothing; that the whole country +might be laid under contribution by this man, and that +he could thus practise bribery with impunity. Thus +your Lordships see the delegation of all the authority +of the country, above and below, is given by Mr. Hastings +to this Gunga Govind Sing. The screen, the veil, +spread before this transaction, is torn open by the very<span class='pagenum'><a name="Page_56" id="Page_56">{56}</a></span> +people themselves who are the tools in it. They confess +they can do nothing; they know they are instruments +in the hands of Gunga Govind Sing; and Mr. +Hastings uses his name and authority to make them +such in the hands of the basest, the wickedest, the +corruptest, the most audacious and atrocious villain +ever heard of. It is to him all the English authority +is sacrificed, and four gentlemen are appointed to be +his tools and instruments. Tools and instruments +for what? They themselves state, that, if he has the +inclination, he has the power and ability to lay the +whole country under contribution, that he enters into +the most minute secrets of every individual in it, gets +into the bottom of their family affairs, and has a power +totally to subvert and destroy them; and we shall +show upon that head, that he well fulfilled the purposes +for which he was appointed. Did Mr. Hastings +pretend to say that he destroyed the Provincial Councils +for their corruptness or insufficiency, when he +dissolved them? No: he says he has no objection to +their competency, no charge to make against their +conduct, but that he has destroyed them for his new +arrangement. And what is his new arrangement? +Gunga Govind Sing. Forty English gentlemen were +removed from their offices by that change. Mr. Hastings +did it, however, very economically; for all these +gentlemen were instantly put upon pensions, and +consequently burdened the establishment with a new +charge. Well, but the new Council was formed and +constituted upon a very economical principle also. +These five gentlemen, you will have it in proof, with +the necessary expenses of their office, were a charge +of 62,000<i>l.</i> a year upon the establishment. But for +great, eminent, capital services, 62,000<i>l.</i>, though a<span class='pagenum'><a name="Page_57" id="Page_57">{57}</a></span> +much larger sum than what was thought fit to be allowed +for the members of the Supreme Council itself, +may be admitted. I will pass it. It shall be granted +to Mr. Hastings, that these pensions, though they created +a new burden on the establishment, were all +well disposed, provided the Council did their duty. +But you have heard what they say themselves: they +are not there put to do any duty; they can do no duty; +their abilities, their integrity, avail them nothing; +they are tools in the hands of Gunga Govind Sing. +Mr. Hastings, then, has loaded the revenue with +62,000<i>l.</i> a year to make Gunga Govind Sing master +of the kingdoms of Bengal, Bahar, and Orissa. +What must the thing to be moved be, when the machinery, +when the necessary tools, for Gunga Govind +Sing have cost 62,000<i>l.</i> a year to the Company? +There it is; it is not my representation, not the representation +of observant strangers, of good and decent +people, that understand the nature of that service, +but the opinion of the tools themselves.</p> + +<p>Now did Mr. Hastings employ Gunga Govind Sing +without a knowledge of his character? His character +was known to Mr. Hastings: it was recorded long +before, when he was turned out of another office. +"During my long residence," says he, "in this country, +this is the first time I heard of the character of +Gunga Govind Sing being infamous. No information +I have received, though I have heard <i>many</i> people +speak ill of him, ever pointed to any particular <i>act</i> of +infamy committed by Gunga Govind Sing. I have no +intimate knowledge of Gunga Govind Sing. What I +understand of his character has been from Europeans +as well as natives." After,—"He had many enemies +at the time he was proposed to be employed in<span class='pagenum'><a name="Page_58" id="Page_58">{58}</a></span> +the Company's service, and not <i>one advocate</i> among +the natives who had immediate access to myself. I +think, therefore, if his character had been such as has +been described, the knowledge of it could hardly have +failed to have been ascertained to me by the <i>specific</i> +facts. I have heard him loaded, as I have many +others, with general reproaches, but have never heard +any one express a doubt of <i>his abilities</i>." Now, if anything +in the world should induce you to put the +whole trust of the revenues of Bengal, both above and +below, into the hands of a single man, and to delegate +to him the whole jurisdiction of the country, it +must be that he either was, or at least was reputed +to be, a man of integrity. Mr. Hastings does not pretend +that he is reputed to be a man of integrity. +He knew that he was not able to contradict the +charge brought against him, and that he had been +turned out of office by his colleagues, for reasons +assigned upon record, and approved by the Directors, +for malversation in office. He had, indeed, crept +again into the Calcutta Committee; and they were +upon the point of turning him out for malversation, +when Mr. Hastings saved them the trouble by turning +out the whole Committee, consisting of a president +and five members. So that in all times, in all characters, +in all places, he stood as a man of a bad character +and evil repute, though supposed to be a man +of great abilities.</p> + +<p>My Lords, permit me for one moment to drop my +representative character here, and to speak to your +Lordships only as a man of some experience in the +world, and conversant with the affairs of men and +with the characters of men.</p> + +<p>I do, then, declare my conviction, and wish it may<span class='pagenum'><a name="Page_59" id="Page_59">{59}</a></span> +stand recorded to posterity, that there never was a +<i>bad man</i> that had ability for <i>good service</i>. It is not in +the nature of such men; their minds are so distorted +to selfish purposes, to knavish, artificial, and crafty +means of accomplishing those selfish ends, that, if +put to any good service, they are poor, dull, helpless. +Their natural faculties never have that direction; +they are paralytic on that side; the muscles, if I may +use the expression, that ought to move it, are all dead. +They know nothing, but how to pursue selfish ends +by wicked and indirect means. No man ever knowingly +employed a bad man on account of his abilities, +but for evil ends. Mr. Hastings knew this man to be +bad; all the world knew him to be bad; and how did +he employ him? In such a manner as that he might +be controlled by others? A great deal might be said +for him, if this had been the case. There might be +circumstances in which such a man might be used +in a subordinate capacity. But who ever thought +of putting such a man virtually in possession of the +whole authority both of the Committee and the +Council-General, and of the revenues of the whole +country?</p> + +<p>As soon as we find Gunga Govind Sing here, we +find him employed in the way in which he was meant +to be employed: that is to say, we find him employed +in taking corrupt bribes and corrupt presents for Mr. +Hastings. Though the Committee were tools in his +hands, he was a tool in the hands of Mr. Hastings; +for he had, as we shall prove, constant, uniform, and +close communications with Mr. Hastings. And, indeed, +we may be saved a good deal of the trouble of +proof; for Mr. Hastings himself, by acknowledging him +to be his bribe-broker, has pretty well authenticated a<span class='pagenum'><a name="Page_60" id="Page_60">{60}</a></span> +secret correspondence between them. For the next +great bribe as yet discovered to be taken by Mr. Hastings, +about the time of his great operation of 1781, +was the bribe of 40,000<i>l.</i>, which we charge to have +been privately taken from one of two persons, but from +which is not yet ascertained, but paid to him through +this flagitious black agent of his iniquities, Gunga Govind +Sing. The discovery is made by another agent +of his, called Mr. Larkins, one of his white bribe-confidants, +and by him made Accountant-General to the +Supreme Presidency. For this sum, so clandestinely +and corruptly taken, he received a bond to himself, on +his own account, as for money lent to the Company. +For, upon the frequent, pressing, tender solicitations +of the Court of Directors, always insinuated to him in +a very delicate manner, Mr. Hastings had written to +Mr. Larkins to find out, if he could, some of his own +bribes; and accordingly Mr. Larkins sent over an +account of various bribes,—an account which, even +before it comes directly in evidence before you, it will +be pleasant to your Lordships to read. In this account, +under the head, "<i>Dinagepore, No. 1</i>," I find +"<i>Duplicate copy of the particulars of debts, in which +the component parts of sundry sums received on the account +of the Honorable Company of Merchants trading +to the East Indies were received by Mr. Hastings and +paid to the Sub-Treasurer</i>." We find here, "<i>Dinagepore +peshcush, four lacs of rupees, cabooleat</i>": that is, +an agreement to pay four lacs of rupees, of which +three were received and one remained in balance at +the time this account was made out. All that we can +learn from this account, after all our researches, after +all the Court of Directors could do to squeeze it out +of him, is, that he received from Dinagepore, at twelve<span class='pagenum'><a name="Page_61" id="Page_61">{61}</a></span> +monthly payments, a sum of about three lacs of rupees, +upon an engagement to pay him four; that is, he +received about 30,000<i>l.</i> out of 40,000<i>l.</i> which was to +be paid him: and we are told that he received this +sum through the hands of Gunga Govind Sing; and +that he was exceedingly angry with Gunga Govind +Sing for having kept back or defrauded him of the +sum of 10,000<i>l.</i> out of the 40,000<i>l.</i> To keep back +from him the fourth part of the whole bribe was very +reprehensible behavior in Gunga Govind Sing, certainly +very unworthy of the great and high trust +which Mr. Hastings reposed in his integrity. My +Lords, this letter tells us Mr. Hastings was much irritated +at Gunga Govind Sing. You will hereafter see +how Mr. Hastings behaves to persons against whom +he is irritated for their frauds upon him in their +joint concerns. In the mean time Gunga Govind +Sing rests with you as a person with whom Mr. Hastings +is displeased on account of infidelity in the honorable +trust of bribe undertaker and manager.</p> + +<p>My Lords, you are not very much enlightened, +I believe, by seeing these words, <i>Dinagepore peshcush</i>. +We find a province, we find a sum of money, we find +an agent, and we find a receiver. The <i>province</i> is +<i>Dinagepore</i>, the <i>agent</i> is <i>Gunga Govind Sing</i>, the <i>sum</i> +agreed on is 40,000<i>l.</i>, and the <i>receiver</i> of a part of +that is <i>Mr. Hastings</i>. This is all that can be seen. +Who it was that gave this sum of money to Mr. Hastings +in this manner does no way appear; it is <i>murder +by persons unknown</i>: and this is the way in which +Mr. Hastings, after all the reiterated solicitations of +Parliament, of the Company, and the public, has left +the account of this bribe.</p> + +<p>Let us, however, now see what was the state of<span class='pagenum'><a name="Page_62" id="Page_62">{62}</a></span> +transactions at Dinagepore at that period. For, if +Mr. Hastings in the transactions at that period did +anything for that country, it must be presumed this +money was given for those acts; for Mr. Hastings confesses +it was a sum of money corruptly received, but +honestly applied. It does not signify much, at first +view, from whom he received it; it is enough to fix +upon him that he did receive it. But because the +consequences of his bribes make the main part of what +I intend to bring before your Lordships, I shall beg +to state to you, with your indulgence, what I have +been able to discover by a very close investigation +of the records respecting this business of Dinagepore.</p> + +<p>Dinagepore, Rungpore, and Edrackpore make a +country, I believe, pretty nearly as large as all the +northern counties of England, Yorkshire included. +It is no mean country, and it has a prince of great, +ancient, illustrious descent at the head of it, called +the Rajah of Dinagepore.</p> + +<p>I find, that, about the month of July, 1780, the Rajah +of Dinagepore, after a long and lingering illness, +died, leaving an half-brother and an adopted son. +A litigation respecting the succession instantly arose +in the family; and this litigation was of course referred +to, and was finally to be decided by, the Governor-General +in Council,—being the ultimate authority +to which the decision of all these questions was +to be referred. This cause came before Mr. Hastings, +and I find that he decided the question in favor of the +adopted son of the Rajah against his half-brother. I +find that upon that decision a rent was settled, and +a peshcush, or fine, paid. So that all that is in this +transaction is fair and above-board: there is a dispute +settled; there is a fine paid; there is a rent reserved<span class='pagenum'><a name="Page_63" id="Page_63">{63}</a></span> +to the Company; and the whole is a fair settlement. +But I find along with it very extraordinary acts; for +I find Mr. Hastings taking part in favor of the minor, +agreeably to the principles of others, and contrary to +his own. I find that he gave the guardianship of +this adopted son to the brother of the Ranny, as she +is called, or the widow of the deceased Rajah; and +though the hearing and settling of this business was +actually a part of the duty of his office, yet I find, +that, when the steward of the province of Dinagepore +was coming down to represent this case to Mr. Hastings, +Mr. Hastings, on pretence that it would only +tend to increase the family dissensions, so far from +hearing fully all the parties in this business, not only +sent him back, but ordered him to be actually turned +out of his office. If, then, the 40,000<i>l.</i> be the same +with the money taken from the Rajah in 1780, to +which account it seems to refer, (for it was taken in +regular payments, beginning July, 1780, and ending +at the same period in 1781,) it was a sum of money +corruptly taken by him as a judge in a litigation of +inheritance between two great parties. So that he +received the sum of 40,000<i>l.</i> for a judgment; which, +whether that judgment was right or wrong, true or +false, he corruptly received.</p> + +<p>This sum was received, as your Lordships will +observe, through Gunga Govind Sing. He was the +broker of the agreement: he was the person who +was to receive it by monthly instalments, and he was +to pay it to Mr. Hastings. His son was in the office +of Register-General of the whole country, who had +in his custody all the papers, documents, and everything +which could tend to settle a litigation among +the parties. If Mr. Hastings took this bribe from<span class='pagenum'><a name="Page_64" id="Page_64">{64}</a></span> +the Rajah of Dinagepore, he took a bribe from an +infant of five years old through the hands of the +Register. That is, the judge receives a bribe through +the hands of the keeper of the genealogies of the +family, the records and other documents, which must +have had the principal share in settling the question.</p> + +<p>This history of this Dinagepore peshcush is the +public one received by the Company, and which is +entered upon the record,—but not the private, and +probably the true history of this corrupt transaction.</p> + +<p>Very soon after this decision, very soon after this +peshcush was given, we find all the officers of the +young Rajah, who was supposed to have given it, +turned out of their employment by Gunga Govind +Sing,—by the very man who received the peshcush +for Mr. Hastings. We find them all turned out of +their employments; we find them all accused, without +any appearance or trace in the records of any proof +of embezzlement, of neglect in the education of the +minor Rajah, of the mismanagement of his affairs, +or the allotment of an unsuitable allowance. And +accordingly, to prevent the relations of his adopted +mother, to prevent those who might be supposed to +have an immediate interest in the family, from abusing +the trust of his education and the trust of the +management of his fortune, Gunga Govind Sing, (for +I trust your Lordships would not suffer me, if I had +a mind, to quote that tool of a thing, the Committee +of Revenue, bought at 62,000<i>l.</i> a year,—you would +not suffer me to name it, especially when you know +all the secret agency of bribes in the hand of Gunga +Govind Sing,)—this Gunga Govind Sing produces +soon after another character, to whom he consigns<span class='pagenum'><a name="Page_65" id="Page_65">{65}</a></span> +the custody of the whole family and the whole province.</p> + +<p>I will do Mr. Hastings the justice to say, that, if he +had known there was another man more accomplished +in all iniquity than Gunga Govind Sing, he would +not have given him the first place in his confidence. +But there is another next to him in the country, +whom you are to hear of by-and-by, called Debi +Sing. This person, in the universal opinion of all +Bengal, is ranked next to Gunga Govind Sing; and, +what is very curious, they have been recorded by Mr. +Hastings as rivals in the same virtues.</p> + +<div class="poem"><div class="stanza"> +<span class="i8">Arcades ambo,<br /></span> +<span class="i0">Et cantare pares, et respondere parati.<br /></span> +</div></div> + +<p class="noindent">But Mr. Hastings has the happiest modes in the +world: these rivals were reconciled on this occasion, +and Gunga Govind Sing appoints Debi Sing, superseding +all the other officers for no reason whatever +upon record. And because, like champions, they +ought to go in pairs, there is an English gentleman, +one Mr. Goodlad, whom you will hear of presently, +appointed along with him. Absolute strangers to the +Rajah's family, the first act they do is to cut off a +thousand out of sixteen hundred a month from his +allowance. They state (though there was a great +number of dependants to maintain) that six hundred +would be enough to maintain him. There appears +in the account of these proceedings to be such a flutter +about the care of the Rajah, and the management +of his household: in short, that there never was such +a tender guardianship as, always with the knowledge +of Mr. Hastings, is exercised over this poor Rajah, +who had just given (if he did give) 40,000<i>l.</i> for <i>his +own</i> inheritance, if it was his due,—for the inheri<span class='pagenum'><a name="Page_66" id="Page_66">{66}</a></span>tance +of <i>others</i>, if it was not his due. One would +think he was entitled to some mercy; but, probably +because the money could not otherwise be supplied, +his establishment was cut down by Debi Sing and +Mr. Goodlad a thousand a month, which is just +twelve thousand a year.</p> + +<p>When Mr. Hastings had appointed those persons +to the guardianship who had an interest in the management +of the Rajah's education and fortune, one +should have thought, before they were turned out, he +would at least have examined whether such a step +was proper or not. No: they were turned out without +any such examination; and when I come to inquire +into the proceedings of Gunga Govind Sing's Committee, +I do not find that the new guardians have +brought to account one single shilling they received, +appointed as they were by that council newly made +to superintend all the affairs of the Rajah. There +is not one word to be found of an account: Debi +Sing's honor, fidelity, and disinterestedness, and that +of Mr. Goodlad, is sufficient; and that is the way +in which the management and superintendence of +one of the greatest houses in that country is given +to the guardianship of strangers. And how is it +managed? We find Debi Sing in possession of the +Rajah's family, in possession of his affairs, in the +management of his whole zemindary; and in the +course of the next year he is to give him in farm the +whole of the revenues of these three provinces. Now +whether the peshcush was received for the nomination +of the Rajah as a bribe in judgment, or whether +Mr. Hastings got it from Debi Sing as a bribe in office, +for appointing him to the guardianship of a family +that did not belong to him, and for the dominion<span class='pagenum'><a name="Page_67" id="Page_67">{67}</a></span> +of three great and once wealthy provinces,—(which +is best or worst I shall not pretend to determine,)—you +find the Rajah in his possession; you find his +education, his household, in his possession; the public +revenues are in his possession; they are given +over to him.</p> + +<p>If we look at the records, the letting of these provinces +appears to have been carried on by the new +Committee of Revenue, as the course and order of +business required it should. But by the investigation +into Mr. Hastings's money transactions, the insufficiency +and fallacy of these records is manifest +beyond a doubt. From this investigation it is discovered +that it was in reality a bargain secretly struck +between the Governor-General and Debi Sing, and +that the Committee were only employed in the mere +official forms. From the time that Mr. Hastings +new-modelled the revenue system, nothing is seen +in its true shape. We now know, in spite of the +fallacy of these records, who the true grantor was: +it will not be amiss to go a little further in supplying +their defects, and to inquire a little concerning the +grantee. This makes it necessary for me to inform +your Lordships who Debi Sing is.</p> + +<div class="blockquote"><p>[<i>Mr. Burke read the Committee's recommendation of +Debi Sing to the Governor-General and Council; but +the copy of the paper alluded to is wanting.</i>]</p></div> + +<hr style="width: 45%;" /> + +<p>Here is a choice; here is Debi Sing presented for +his knowledge in business, his trust and fidelity, and +that he is a person against whom no objection can be +made. This is presented to Mr. Hastings, by him +recorded in the Council Books, and by him transmit<span class='pagenum'><a name="Page_68" id="Page_68">{68}</a></span>ted +to the Court of Directors. Mr. Hastings has +since recorded, that he knew this Debi Sing, (though +he here publicly authorizes the nomination of him +to all that great body of trusts,)—that he knew him +to be a man completely capable of the most atrocious +iniquities that were ever charged upon man. Debi +Sing is appointed to all those great trusts, through the +means of Gunga Govind Sing, from whom he (Mr. +Hastings) had received 30,000<i>l.</i> as a part of a bribe.</p> + +<p>Now, though it is a large field, though it is a thing +that I must confess I feel a reluctance almost in venturing +to undertake, exhausted as I am, yet such is +the magnitude of the affair, such the evil consequences +that followed from a system of bribery, such the +horrible consequences of superseding all the persons +in office in the country to give it into the hands of +Debi Sing, that, though it is the public opinion, and +though no man that has ever heard the name of Debi +Sing does not know that he was only second to Gunga +Govind Sing, yet it is not to my purpose, unless I +prove that Mr. Hastings knew his character at the +very time he accepts him as a person against whom +no exception could be made.</p> + +<p>It is necessary to inform your Lordships who this +Debi Sing was, to whom these great trusts were committed, +and those great provinces given.</p> + +<p>It may be thought, and not unnaturally, that, in +this sort of corrupt and venal appointment to high +trust and office, Mr. Hastings has no other consideration +than the money he received. But whoever +thinks so will be deceived. Mr. Hastings was very +far from indifferent to the character of the persons he +dealt with. On the contrary, he made a most careful +selection; he had a very scrupulous regard to the<span class='pagenum'><a name="Page_69" id="Page_69">{69}</a></span> +aptitude of the men for the purposes for which he +employed them, and was much guided by his experience +of their conduct in those offices which had been +sold to them upon former occasions.</p> + +<p>Except Gunga Govind Sing, (whom, as justice required, +Mr. Hastings distinguished by the highest +marks of his confidence,) there was not a man in +Bengal, perhaps not upon earth, a match for this Debi +Sing. He was not an unknown subject, not one +rashly taken up as an experiment. He was a tried +man; and if there had been one more desperately and +abandonedly corrupt, more wildly and flagitiously oppressive, +to be found unemployed in India, large as +his offers were, Mr. Hastings would not have taken +this money from Debi Sing.</p> + +<p>Debi Sing was one of those who in the early stages +of the English power in Bengal attached himself to +those natives who then stood high in office. He +courted Mahomed Reza Khân, a Mussulman of the +highest rank, of the tribe of Koreish, whom I have +already mentioned, then at the head of the revenue, +and now at the head of the criminal justice of Bengal, +with all the supple assiduity of which those who possess +no valuable art or useful talent are commonly +complete masters. Possessing large funds, acquired +by his apprenticeship and novitiate in the lowest +frauds, he was enabled to lend to this then powerful +man, in the several emergencies of his variable fortune, +very large sums of money. This great man +had been brought down by Mr. Hastings, under the +orders of the Court of Directors, upon a cruel charge, +to Calcutta. He was accused of many crimes, and +acquitted, 220,000<i>l.</i> in debt: that is to say, as soon +as he was a great debtor, he ceased to be a great +criminal.<span class='pagenum'><a name="Page_70" id="Page_70">{70}</a></span></p> + +<p>Debi Sing obtained by his services no slight influence +over Mahomed Reza Khân, a person of a character +very different from his.</p> + +<p>From that connection he was appointed to the farm +of the revenue, and inclusively of the government of +Purneah, a province of very great extent, and then in +a state of no inconsiderable opulence. In this office +he exerted his talents with so much vigor and industry +that in a very short time the province was half +depopulated and totally ruined.</p> + +<p>The farm, on the expiration of his lease, was taken +by a set of adventurers in this kind of traffic from +Calcutta. But when the new undertakers came to +survey the object of their future operations and future +profits, they were so shocked at the hideous and +squalid scenes of misery and desolation that glared +upon them in every quarter, that they instantly fled +out of the country, and thought themselves but too +happy to be permitted, on the payment of a penalty +of twelve thousand pounds, to be released from their +engagements.</p> + +<p>To give in a few words as clear an idea as I am +able to give of the immense volume which might be +composed of the vexations, violence, and rapine of +that tyrannical administration, the territorial revenue +of Purneah, which had been let to Debi Sing at the +rate of 160,000<i>l.</i> sterling a year, was with difficulty +leased for a yearly sum under 90,000<i>l.</i>, and with all +rigor of exaction produced in effect little more than +60,000<i>l.</i>, falling greatly below one half of its original +estimate: so entirely did the administration of Debi +Sing exhaust all the resources of the province; so totally +did his baleful influence blast the very hope and +spring of all future revenue.<span class='pagenum'><a name="Page_71" id="Page_71">{71}</a></span></p> + +<p>The administration of Debi Sing was too notoriously +destructive not to cause a general clamor. It was +impossible that it should be passed over without animadversion. +Accordingly, in the month of September, +1772, Mr. Hastings, then at the head of the +Committee of Circuit, removed him for maladministration; +and he has since publicly declared on record +that he knew him to be capable of all the most horrid +and atrocious crimes that can be imputed to man.</p> + +<p>This brand, however, was only a mark for Mr. +Hastings to find him out hereafter in the crowd, to +identify him for his own, and to call him forth into +action, when his virtues should be sufficiently matured +for the services in which he afterwards employed +him, through his instruments, Mr. Anderson +and Gunga Govind Sing. In the mean time he left +Debi Sing to the direction of his own good genius.</p> + +<p>Debi Sing was stigmatized in the Company's records, +his reputation was gone, but his funds were +safe. In the arrangement made by Mr. Hastings, in +the year 1773, by which Provincial Councils were +formed, Debi Sing became deputy-steward, or secretary, +(soon in effect and influence principal steward,) +to the Provincial Council of Moorshedabad, the seat +of the old government, and the first province of the +kingdom; and to his charge were committed various +extensive and populous provinces, yielding an annual +revenue of one hundred and twenty lacs of rupees, +or 1,500,000<i>l.</i> This division of Provincial Council +included Rungpore, Edrackpore, and others, where +he obtained such a knowledge of their resources as +subsequently to get possession of them.</p> + +<p>Debi Sing found this administration composed mostly +of young men, dissipated and fond of pleasure, as<span class='pagenum'><a name="Page_72" id="Page_72">{72}</a></span> +is usual at that time of life, but desirous of reconciling +those pleasures, which usually consume wealth, +with the means of making a great and speedy fortune,—at +once eager candidates for opulence, and +perfect novices in all the roads that lead to it. Debi +Sing commiserated their youth and inexperience, and +took upon him to be their guide.</p> + +<p>There is a revenue in that country, raised by a tax +more productive than laudable. It is an imposition +on public prostitutes, a duty upon the societies of dancing-girls,—those +seminaries from which Mr. Hastings +has selected an administrator of justice and governor +of kingdoms. Debi Sing thought it expedient +to farm this tax,—not only because he neglected no +sort of gain, but because he regarded it as no contemptible +means of power and influence. Accordingly, +in plain terms, he opened a legal brothel, out +of which he carefully reserved (you may be sure) the +very flower of his collection for the entertainment of +his young superiors: ladies recommended not only by +personal merit, but, according to the Eastern custom, +by sweet and enticing names which he had given +them. For, if they were to be translated, they would +sound,—Riches of my Life, Wealth of my Soul, +Treasure of Perfection, Diamond of Splendor, Pearl +of Price, Ruby of Pure Blood, and other metaphorical +descriptions, that, calling up dissonant passions +to enhance the value of the general harmony, heightened +the attractions of love with the allurements of +avarice. A moving seraglio of these ladies always attended +his progress, and were always brought to the +splendid and multiplied entertainments with which +he regaled his Council. In these festivities, whilst +his guests were engaged with the seductions of<span class='pagenum'><a name="Page_73" id="Page_73">{73}</a></span> +beauty, the intoxications of the most delicious wines +of France, and the voluptuous vapor of perfumed +India smoke, uniting the vivid satisfactions of Europe +with the torpid blandishments of Asia, the great +magician himself, chaste in the midst of dissoluteness, +sober in the centre of debauch, vigilant in the +lap of negligence and oblivion, attended with an eagle's +eye the moment for thrusting in business, and +at such times was able to carry without difficulty +points of shameful enormity, which at other hours +he would not so much as have dared to mention to +his employers, young men rather careless and inexperienced +than intentionally corrupt. Not satisfied +with being pander to their pleasures, he anticipated +and was purveyor to their wants, and supplied them +with a constant command of money; and by these +means he reigned with an uncontrolled dominion +over the province and over its governors.</p> + +<p>For you are to understand that in many things we +are very much misinformed with regard to the true +seat of power in India. Whilst we were proudly +calling India a British government, it was in substance +a government of the lowest, basest, and most +flagitious of the native rabble, to whom the far greater +part of the English who figured in employment +and station had from their earliest youth been slaves +and instruments. Banians had anticipated the period +of their power in premature advances of money, and +have ever after obtained the entire dominion over +their nominal masters.</p> + +<p>By these various ways and means Debi Sing contrived +to add job to job, employment to employment, +and to hold, besides the farms of two very considerable +districts, various trusts in the revenue,—some<span class='pagenum'><a name="Page_74" id="Page_74">{74}</a></span>times +openly appearing, sometimes hid two or three +deep in false names, emerging into light or shrouding +himself in darkness, as successful or defeated crimes +rendered him bold or cautious. Every one of these +trusts was marked with its own fraud; and for one +of those frauds, committed by him in another name, +by which he became deeply in balance to the revenue, +he was publicly whipped <i>by proxy</i>.</p> + +<p>All this while Mr. Hastings kept his eye upon him, +and attended to his progress. But as he rose in Mr. +Hastings's opinion, he fell in that of his immediate +employers. By degrees, as reason prevailed, and the +fumes of pleasure evaporated, the Provincial Council +emerged from their first dependence, and, finding +nothing but infamy attending the councils and services +of such a man, resolved to dismiss him. In +this strait and crisis of his power the artist turned +himself into all shapes. He offered great sums individually, +he offered them collectively, and at last put +a <i>carte blanche</i> on the table,—all to no purpose. +"What are you?—stones? Have I not men to deal +with? Will flesh and blood refuse me?"</p> + +<p>When Debi Sing found that the Council had entirely +escaped, and were proof against his offers, he +left them with a sullen and menacing silence. He +applied where he had good intelligence that these +offers would be well received, and that he should at +once be revenged of the Council, and obtain all the +ends which through them he had sought in vain.</p> + +<p>Without hesitation or scruple Mr. Hastings sold a +set of innocent officers,—sold his fellow-servants of +the Company, entitled by every duty to his protection,—sold +English subjects, recommended by every +tie of national sympathy,—sold the honor of the<span class='pagenum'><a name="Page_75" id="Page_75">{75}</a></span> +British government itself,—without charge, without +complaint, without allegation of crime in conduct, +or of insufficiency in talents: he sold them to the +most known and abandoned character which the rank +servitude of that clime produces. For <i>him</i> he entirely +broke and quashed the Council of Moorshedabad, +which had been the settled government for twelve +years, (a long period in the changeful history of India,)—at +a time, too, when it had acquired a great +degree of consistency, an official experience, a knowledge +and habit of business, and was making full +amends for early errors.</p> + +<p>For now Mr. Hastings, having buried Colonel Monson +and General Clavering, and having shaken off Mr. +Francis, who retired half dead from office, began at +length to respire; he found elbow-room once more +to display his genuine nature and disposition, and to +make amends in a riot and debauch of peculation for +the forced abstinence to which he was reduced during +the usurped dominion of honor and integrity.</p> + +<p>It was not enough that the English were thus sacrificed +to the revenge of Debi Sing. It was necessary +to deliver over the natives to his avarice. By the intervention +of bribe-brokerage he united the two great +rivals in iniquity, who before, from an emulation of +crimes, were enemies to each other,—Gunga Govind +Sing and Debi Sing. He negotiated the bribe and +the farm of the latter through the former; and Debi +Sing was invested in farm for two years with the three +provinces of Dinagepore, Edrackpore, and Rungpore,—territories +making together a tract of land superior +in dimensions to the northern counties of England, +Yorkshire included.</p> + +<p>To prevent anything which might prove an obstacle<span class='pagenum'><a name="Page_76" id="Page_76">{76}</a></span> +on the full swing of his genius, he removed all the +restraints which had been framed to give an ostensible +credit, to give some show of official order, to the plans +of revenue administration framed from time to time +in Bengal. An officer, called a <i>dewan</i>, had been established +in the provinces, expressly as a check on the +person who should act as farmer-general. This office +he conferred along with that of farmer-general on +Debi Sing, in order that Debi might become an effectual +check upon Sing; and thus these provinces, +without inspection, without control, without law, and +without magistrates, were delivered over by Mr. Hastings, +bound hand and foot, to the discretion of the +man whom he had before recorded as the destroyer +of Purneah, and capable of every the most atrocious +wickedness that could be imputed to man.</p> + +<p>Fatally for the natives of India, every wild project +and every corrupt sale of Mr. Hastings, and those +whose example he followed, is covered with a pretended +increase of revenue to the Company. Mr. +Hastings would not pocket his bribe of 40,000<i>l.</i> for +himself without letting the Company in as a sharer +and accomplice. For the province of Rungpore, the +object to which I mean in this instance to confine +your attention, 7,000<i>l.</i> a year was added. But lest +this avowed increase of rent should seem to lead to +oppression, great and religious care was taken in the +covenant so stipulated with Debi Sing, that <i>this</i> increase +should not arise from any additional assessment +whatsoever on the country, but solely from +improvements in the cultivation, and the encouragement +to be given to the landholder and husbandman. +But as Mr. Hastings's bribe, of a far greater sum, was +not guarded by any such provision, it was left to the<span class='pagenum'><a name="Page_77" id="Page_77">{77}</a></span> +discretion of the donor in what manner he was to +indemnify himself for it.</p> + +<p>Debi Sing fixed the seat of his authority at Dinagepore, +where, as soon as he arrived, he did not lose a +moment in doing his duty. If Mr. Hastings can forget +his covenant, you may easily believe that Debi +Sing had not a more correct memory; and accordingly, +as soon as he came into the province, he instantly +broke every covenant which he had entered into as a +restraint on his avarice, rapacity, and tyranny, which, +from the highest of the nobility and gentry to the +lowest husbandmen, were afterwards exercised, with +a stern and unrelenting impartiality, upon the whole +people. For, notwithstanding the province before +Debi Sing's lease was, from various causes, in a state +of declension, and in balance for the revenue of the +preceding year, at his very first entrance into office +he forced from the zemindars or landed gentry an +enormous increase of their tribute. They refused +compliance. On this refusal he threw the whole body +of zemindars into prison, and thus in bonds and fetters +compelled them to sign their own ruin by an increase +of rent which they knew they could never realize. +Having thus gotten them under, he added exaction +to exaction, so that every day announced some new +and varied demand, until, exhausted by these oppressions, +they were brought to the extremity to which he +meant to drive them, the sale of their lands.</p> + +<p>The lands held by the zemindars of that country are +of many descriptions. The first and most general are +those that pay revenue; the others are of the nature +of demesne lands, which are free, and pay no rent to +government. The latter are for the immediate support +of the zemindars and their families,—as from<span class='pagenum'><a name="Page_78" id="Page_78">{78}</a></span> +the former they derive their influence, authority, and +the means of upholding their dignity. The lands of +the former description were immediately attached, +sequestered, and sold for the most trifling consideration. +The rent-free lands, the best and richest lands +of the whole province, were sold,—sold for—what +do your Lordships think? They were sold for less +than one year's purchase,—at less than one year's +purchase, at the most underrated value; so that the +fee-simple of an English acre of rent-free land sold at +the rate of seven or eight shillings. Such a sale, on +such terms, strongly indicated the purchaser. And +how did it turn out in fact? The purchaser was the +very agent and instrument of Mr. Hastings, Debi +Sing himself. He made the exaction; he forced the +sale; he reduced the rate; and he became the purchaser +at less than one year's purchase, and paid with +the very money which he had extorted from the miserable +vendors.</p> + +<p>When he had thus sold and separated these lands, +he united the whole body of them, amounting to about +7,000<i>l.</i> sterling a year (but, according to the rate of +money and living in that country, equivalent to a rental +in England of 30,000<i>l.</i> a year); and then having +raised in the new letting, as on the sale he had fraudulently +reduced those lands, he reserved them as an +estate for himself, or to whomsoever resembling himself +Mr. Hastings should order them to be disposed.</p> + +<p>The lands, thus sold for next to nothing, left of +course the late landholder still in debt. The failure +of fund, the rigorous exaction of debt, and the multiplication +of new arbitrary taxes next carried off the +goods.</p> + +<p>There is a circumstance attending this business<span class='pagenum'><a name="Page_79" id="Page_79">{79}</a></span> +which will call for your Lordships' pity. Most of the +landholders or zemindars in that country happened +at that time to be women. The sex there is in a state +certainly resembling imprisonment, but guarded as +a sacred treasure with all possible attention and respect. +None of the coarse male hands of the law +can reach them; but they have a custom, very cautiously +used in all good governments there, of employing +female bailiffs or sergeants in the execution of the +law, where that sex is concerned. Guards, therefore, +surrounded the houses; and then female sergeants +and bailiffs entered into the habitations of these female +zemindars, and held their goods and persons in execution,—nothing +being left but what was daily threatened, +their life and honor. The landholders, even +women of eminent rank and condition, (for such the +greatest part of the zemindars then were,) fled from +the ancient seats of their ancestors, and left their +miserable followers and servants, who in that country +are infinitely numerous, without protection and without +bread. The monthly instalment of Mr. Hastings's +bribe was become due, and his rapacity must be fed +from the vitals of the people.</p> + +<p>The zemindars, before their own flight, had the +mortification to see all the lands assigned to charitable +and to religious uses, the humane and pious foundations +of themselves and their ancestors, made to support +infirmity and decrepitude, to give feet to the +lame and eyes to the blind, and to effect which they +had deprived themselves of many of the enjoyments +of life, cruelly sequestered and sold at the same market +of violence and fraud where their demesne possessions +and their goods had been before made away +with. Even the lands and funds set aside for their<span class='pagenum'><a name="Page_80" id="Page_80">{80}</a></span> +funeral ceremonies, in which they hoped to find an +end to their miseries, and some indemnity of imagination +for all the substantial sufferings of their lives,—even +the very feeble consolations of death, were, by +the same rigid hand of tyranny,—a tyranny more +consuming than the funeral pile, more greedy than +the grave, and more inexorable than death itself,—seized +and taken to make good the honor of corruption +and the faith of bribery pledged to Mr. Hastings or +his instruments.</p> + +<p>Thus it fared with the better and middling orders +of the people. Were the lower, the more industrious, +spared? Alas! as their situation was far more helpless, +their oppression was infinitely more sore and +grievous, the exactions yet more excessive, the demand +yet more vexatious, more capricious, more arbitrary. +To afford your Lordships some idea of the condition +of those who were served up to satisfy Mr. Hastings's +hunger and thirst for bribes, I shall read it to you in +the very words of the representative tyrant himself, +Rajah Debi Sing. Debi Sing, when he was charged +with a fraudulent sale of the ornaments of gold and +silver of women, who, according to the modes of that +country, had starved themselves to decorate their unhappy +persons, argued on the improbability of this part +of the charge in these very words.</p> + +<p>"It is notorious," says he, "that poverty generally +prevails amongst the husbandmen of Rungpore, more +perhaps than in any other parts of the country. +They are seldom possessed of any property, except at +the time they reap their harvest; and at others barely +procure their subsistence. And this is the cause that +such numbers of them were swept away by the famine. +Their effects are only a little earthen-ware, and their<span class='pagenum'><a name="Page_81" id="Page_81">{81}</a></span> +houses only a handful of straw, the sale of a <i>thousand</i> +of which would not perhaps produce twenty +shillings."</p> + +<p>These were the opulent people from whose superfluities +Mr. Hastings was to obtain a gift of 40,000<i>l.</i>, +over and above a large increase of rent, over and +above the exactions by which the farmer must reimburse +himself for the advance of the money by which +he must obtain the natural profit of the farm as well +as supply the peculium of his own avarice.</p> + +<p>Therefore your Lordships will not be surprised at +the consequences. All this unhappy race of little +farmers and tillers of the soil were driven like a herd +of cattle by his extortioners, and compelled by imprisonments, +by fetters, and by cruel whippings, to +engage for more than the whole of their substance or +possible acquisition.</p> + +<p>Over and above this, there was no mode of extortion, +which the inventive imagination of rapacity +could contrive, that was not contrived, and was not +put in practice. On its own day your Lordships will +hear, with astonishment, detestation, and horror, the +detail of these tyrannous inventions; and it will appear +that the aggregate of these superadded demands +amounted to as great a sum as the whole of the compulsory +rent on which they were piled.</p> + +<p>The country being in many parts left wholly waste +and in all parts considerably depopulated by the first +rigors, the full rate of the district was exacted from +the miserable survivors. Their burdens were increased, +as their fellow-laborers, to whose joint efforts +they were to owe the means of payment, diminished. +Driven to make payments beyond all possible +calculation, previous to receipts and above their<span class='pagenum'><a name="Page_82" id="Page_82">{82}</a></span> +means, in a very short time they fell into the hands +of usurers.</p> + +<p>The usurers, who under such a government held +their own funds by a precarious tenure, and were to +lend to those whose substance was still more precarious, +to the natural hardness and austerity of that race +of men had additional motives to extortion, and made +their terms accordingly. And what were the terms +these poor people were obliged to consent to, to answer +the bribes and peshcush paid to Mr. Hastings?—five, +ten, twenty, forty per cent? No! at an interest +of six hundred per cent per annum, payable +by the day! A tiller of land to pay six hundred +per cent to discharge the demands of government! +What exhaustless fund of opulence could supply this +destructive resource of wretchedness and misery? +Accordingly, the husbandman ground to powder between +the usurer below and the oppressor above, the +whole crop of the country was forced at once to market; +and the market glutted, overcharged, and suffocated, +the price of grain fell to the fifth part of its +usual value. The crop was then gone, but the debt +remained. An universal treasury extent and process +of execution followed on the cattle and stock, and was +enforced with more or less rigor in every quarter. +We have it in evidence, that in those sales five cows +were sold for not more than seven or eight shillings. +All other things were depreciated in the same proportion. +The sale of the instruments of husbandry succeeded +to that of the corn and stock. Instances there +are, where, all other things failing, the farmers were +dragged from the court to their houses, in order to +see them first plundered, and then burnt down before +their faces. It was not a rigorous collection of revenue, +it was a savage war made upon the country.<span class='pagenum'><a name="Page_83" id="Page_83">{83}</a></span></p> + +<p>The peasants were left little else than their families +and their bodies. The families were disposed of. It +is a known observation, that those who have the fewest +of all other worldly enjoyments are the most tenderly +attached to their children and wives. The most +tender of parents sold their children at market. The +most fondly jealous of husbands sold their wives. The +tyranny of Mr. Hastings extinguished every sentiment +of father, son, brother, and husband!</p> + +<p>I come now to the last stage of their miseries. +Everything visible and vendible was seized and sold. +Nothing but the bodies remained.</p> + +<p>It is the nature of tyranny and rapacity never to +learn moderation from the ill-success of first oppressions; +on the contrary, all oppressors, all men thinking +highly of the methods dictated by their nature, +attribute the frustration of their desires to the want +of sufficient rigor. Then they redouble the efforts of +their impotent cruelty, which producing, as they must +ever produce, new disappointments, they grow irritated +against the objects of their rapacity; and then +rage, fury, and malice, implacable because unprovoked, +recruiting and reinforcing their avarice, their +vices are no longer human. From cruel men they +are transformed into savage beasts, with no other vestiges +of reason left but what serves to furnish the inventions +and refinements of ferocious subtlety, for +purposes of which beasts are incapable and at which +fiends would blush.</p> + +<p>Debi Sing and his instruments suspected, and in a +few cases they suspected justly, that the country people +had purloined from their own estates, and had +hidden in secret places in the circumjacent deserts, +some small reserve of their own grain to maintain<span class='pagenum'><a name="Page_84" id="Page_84">{84}</a></span> +themselves during the unproductive months of the +year, and to leave some hope for a future season. +But the under-tyrants knew that the demands of Mr. +Hastings would admit no plea for delay, much less +for subtraction of his bribe, and that he would not +abate a shilling of it to the wants of the whole human +race. These hoards, real or supposed, not being discovered +by menaces and imprisonment, they fell upon +the last resource, the naked bodies of the people. +And here, my Lords, began such a scene of cruelties +and tortures as I believe no history has ever presented +to the indignation of the world,—such as I am +sure, in the most barbarous ages, no politic tyranny, +no fanatic persecution, has ever yet exceeded. Mr. +Paterson, the commissioner appointed to inquire into +the state of the country, makes his own apology and +mine for opening this scene of horrors to you in the +following words: "That the punishments inflicted +upon the ryots, both of Rungpore and Dinagepore, +for non-payment, were in many instances of such a +nature that I would rather wish to draw a veil over +them than shock your feelings by the detail, but that, +however disagreeable the task may be to myself, it is +absolutely necessary, for the sake of justice, humanity, +and the honor of government, that they should +be exposed, to be prevented in future."</p> + +<p>My Lords, they began by winding cords round the +fingers of the unhappy freeholders of those provinces, +until they clung to and were almost incorporated with +one another; and then they hammered wedges of +iron between them, until, regardless of the cries of +the sufferers, they had bruised to pieces and forever +crippled those poor, honest, innocent, laborious hands, +which had never been raised to their mouths but with<span class='pagenum'><a name="Page_85" id="Page_85">{85}</a></span> +a penurious and scanty proportion of the fruits of +their own soil; but those fruits (denied to the wants +of their own children) have for more than fifteen +years past furnished the investment for our trade +with China, and been sent annually out, and without +recompense, to purchase for us that delicate meal +with which your Lordships, and all this auditory, +and all this country, have begun every day for these +fifteen years at their expense. To those beneficent +hands that labor for our benefit the return of the +British government has been cords and hammers and +wedges. But there is a place where these crippled +and disabled hands will act with resistless power. +What is it that they will not pull down, when they +are lifted to heaven against their oppressors? Then +what can withstand such hands? Can the power +that crushed and destroyed them? Powerful in +prayer, let us at least deprecate and thus endeavor +to secure ourselves from the vengeance which these +mashed and disabled hands may pull down upon us. +My Lords, it is an awful consideration: let us think +of it.</p> + +<p>But to pursue this melancholy, but necessary detail. +I am next to open to your Lordships, what I +am hereafter to prove, that the most substantial +and leading yeomen, the responsible farmers, the +parochial magistrates and chiefs of villages, were +tied two and two by the legs together; and their +tormentors, throwing them with their heads downwards, +over a bar, beat them on the soles of the feet +with rattans, until the nails fell from the toes; and +then attacking them at their heads, as they hung +downward, as before at their feet, they beat them +with sticks and other instruments of blind fury, until<span class='pagenum'><a name="Page_86" id="Page_86">{86}</a></span> +the blood gushed out at their eyes, mouths, and noses. +Not thinking that the ordinary whips and cudgels, +even so administered, were sufficient, to others (and +often also to the same who had suffered as I have +stated) they applied, instead of rattan and bamboo, +whips made of the branches of the bale tree,—a +tree full of sharp and strong thorns, which tear the +skin and lacerate the flesh far worse than ordinary +scourges. For others, exploring with a searching +and inquisitive malice, stimulated by an insatiate rapacity, +all the devious paths of Nature for whatever +is most unfriendly to man, they made rods of a plant +highly caustic and poisonous, called <i>Bechettea</i>, every +wound of which festers and gangrenes, adds double +and treble to the present torture, leaves a crust of +leprous sores upon the body, and often ends in the +destruction of life itself. At night, these poor innocent +sufferers, these martyrs of avarice and extortion, +were brought into dungeons; and in the season when +nature takes refuge in insensibility from all the miseries +and cares which wait on life, they were three +times scourged, and made to reckon the watches of the +night by periods and intervals of torment. They were +then led out, in the severe depth of winter, which there +at certain seasons would be severe to any, to the Indians +is most severe and almost intolerable,—they +were led out before break of day, and, stiff and sore as +they were with the bruises and wounds of the night, +were plunged into water; and whilst their jaws clung +together with the cold, and their bodies were rendered +infinitely more sensible, the blows and stripes were +renewed upon their backs; and then, delivering them +over to soldiers, they were sent into their farms and +villages to discover where a few handfuls of grain<span class='pagenum'><a name="Page_87" id="Page_87">{87}</a></span> +might be found concealed, or to extract some loan +from the remnants of compassion and courage not +subdued in those who had reason to fear that their +own turn of torment would be next, that they should +succeed them in the same punishment, and that their +very humanity, being taken as a proof of their wealth, +would subject them (as it did in many cases subject +them) to the same inhuman tortures. After this circuit +of the day through their plundered and ruined +villages, they were remanded at night to the same +prison, whipped, as before, at their return to the dungeon, +and at morning whipped at their leaving it, +and then sent, as before, to purchase, by begging in +the day, the reiteration of the torture in the night. +Days of menace, insult, and extortion, nights of +bolts, fetters, and flagellation, succeeded to each +other in the same round, and for a long time made +up all the vicissitude of life to these miserable people.</p> + +<p>But there are persons whose fortitude could bear +their own suffering; there are men who are hardened +by their very pains, and the mind, strengthened +even by the torments of the body, rises with a strong +defiance against its oppressor. They were assaulted +on the side of their sympathy. Children were +scourged almost to death in the presence of their parents. +This was not enough. The son and father +were bound close together, face to face and body to +body, and in that situation cruelly lashed together, so +that the blow which escaped the father fell upon the +son, and the blow which missed the son wound over +the back of the parent. The circumstances were combined +by so subtle a cruelty that every stroke which +did not excruciate the sense should wound and lacerate +the sentiments and affections of nature.<span class='pagenum'><a name="Page_88" id="Page_88">{88}</a></span></p> + +<p>On the same principle, and for the same ends, virgins, +who had never seen the sun, were dragged from +the inmost sanctuaries of their houses, and in the +open court of justice, in the very place where security +was to be sought against all wrong and all violence, +(but where no judge or lawful magistrate had long +sat, but in their place the ruffians and hangmen of +Warren Hastings occupied the bench,) these virgins, +vainly invoking heaven and earth, in the presence of +their parents, and whilst their shrieks were mingled +with the indignant cries and groans of all the people, +publicly were violated by the lowest and wickedest of +the human race. Wives were torn from the arms +of their husbands, and suffered the same flagitious +wrongs, which were indeed hid in the bottoms of the +dungeons in which their honor and their liberty were +buried together. Often they were taken out of the +refuge of this consoling gloom, stripped naked, and +thus exposed to the world, and then cruelly scourged; +and in order that cruelty might riot in all the circumstances +that melt into tenderness the fiercest natures, +the nipples of their breasts were put between +the sharp and elastic sides of cleft bamboos. Here in +my hand is my authority; for otherwise one would +think it incredible. But it did not end there. Growing +from crime to crime, ripened by cruelty for cruelty, +these fiends, at length outraging sex, decency, nature, +applied lighted torches and slow fire—(I cannot +proceed for shame and horror!)—these infernal +furies planted death in the source of life, and where +that modesty, which, more than reason, distinguishes +men from beasts, retires from the view, and even +shrinks from the expression, there they exercised and +glutted their unnatural, monstrous, and nefarious<span class='pagenum'><a name="Page_89" id="Page_89">{89}</a></span> +cruelty,—there, where the reverence of nature and +the sanctity of justice dares not to pursue, nor venture +to describe their practices.</p> + +<p>These, my Lords, were sufferings which we feel all +in common, in India and in England, by the general +sympathy of our common nature. But there were in +that province (sold to the tormentors by Mr. Hastings) +things done, which, from the peculiar manners +of India, were even worse than all I have laid before +you; as the dominion of manners and the law of +opinion contribute more to their happiness and misery +than anything in mere sensitive nature can do.</p> + +<p>The women thus treated lost their caste. My +Lords, we are not here to commend or blame the +institutions and prejudices of a whole race of people, +radicated in them by a long succession of ages, +on which no reason or argument, on which no vicissitudes +of things, no mixtures of men, or foreign conquest, +have been able to make the smallest impression. +The aboriginal Gentoo inhabitants are all dispersed into +tribes or castes,—each caste born to an invariable +rank, rights, and descriptions of employment, so that +one caste cannot by any means pass into another. +With the Gentoos, certain impurities or disgraces, +though without any guilt of the party, infer loss of +caste; and when the highest caste, that of Brahmin, +which is not only noble, but sacred, is lost, the person +who loses it does not slide down into one lower, but +reputable,—he is wholly driven from all honest society. +All the relations of life are at once dissolved. +His parents are no longer his parents; his wife is no +longer his wife; his children, no longer his, are no +longer to regard him as their father. It is something +far worse than complete outlawry, complete attainder,<span class='pagenum'><a name="Page_90" id="Page_90">{90}</a></span> +and universal excommunication. It is a pollution +even to touch him; and if he touches any of his old +caste, they are justified in putting him to death. +Contagion, leprosy, plague, are not so much shunned. +No honest occupation can be followed. He becomes +an <i>halicore</i>, if (which is rare) he survives that miserable +degradation.</p> + +<p>Upon those whom all the shocking catalogue of +tortures I have mentioned could not make to flinch +one of the modes of losing caste for Brahmins and +other principal tribes was practised. It was to harness +a bullock at the court-door, and to put the Brahmin +on his back, and to lead him through the towns, +with drums beating before him. To intimidate others, +this bullock, with drums, (the instrument, according +to their ideas, of outrage, disgrace, and utter loss +of caste,) was led through the country; and as it +advanced, the country fled before it. When any +Brahmin was seized, he was threatened with this pillory, +and for the most part he submitted in a moment +to whatever was ordered. What it was may be thence +judged. But when no possibility existed of complying +with the demand, the people by their cries sometimes +prevailed on the tyrants to have it commuted +for cruel scourging, which was accepted as mercy. +To some Brahmins this mercy was denied, and the +act of indelible infamy executed. Of these men one +came to the Company's commissioner with the tale, +and ended with these melancholy words: "I have +suffered this indignity; my caste is lost; my life is +a burden to me: I call for justice." He called in +vain.</p> + +<p>Your Lordships will not wonder that these monstrous +and oppressive demands, exacted with such tor<span class='pagenum'><a name="Page_91" id="Page_91">{91}</a></span>tures, +threw the whole province into despair. They +abandoned their crops on the ground. The people, +in a body, would have fled out of its confines; but +bands of soldiers invested the avenues of the province, +and, making a line of circumvallation, drove back +those wretches, who sought exile as a relief, into the +prison of their native soil. Not suffered to quit the +district, they fled to the many wild thickets which oppression +had scattered through it, and sought amongst +the jungles, and dens of tigers, a refuge from the tyranny +of Warren Hastings. Not able long to exist +here, pressed at once by wild beasts and famine, the +same despair drove them back; and seeking their last +resource in arms, the most quiet, the most passive, the +most timid of the human race rose up in an universal +insurrection; and, what will always happen in popular +tumults, the effects of the fury of the people fell +on the meaner and sometimes the reluctant instruments +of the tyranny, who in several places were +massacred. The insurrection began in Rungpore, +and soon spread its fire to the neighboring provinces, +which had been harassed by the same person with the +same oppressions. The English Chief in that province +had been the silent witness, most probably the abettor +and accomplice, of all these horrors. He called in +first irregular, and then regular troops, who by dreadful +and universal military execution got the better of +the impotent resistance of unarmed and undisciplined +despair. I am tired with the detail of the cruelties +of peace. I spare you those of a cruel and inhuman +war, and of the executions which, without law or process, +or even the shadow of authority, were ordered +by the English Revenue Chief in that province.</p> + +<p>In our Indian government, whatever grievance is<span class='pagenum'><a name="Page_92" id="Page_92">{92}</a></span> +borne is denied to exist, and all mute despair and +sullen patience is construed into content and satisfaction. +But this general insurrection, which at every +moment threatened to blaze out afresh, and to involve +all the provinces in its flames, rent in pieces that veil +of fraud and mystery that covers all the miseries of +all the provinces. Calcutta rung with it; and it was +feared it would go to England. The English Chief +in the province, Mr. Goodlad, represented it to Mr. +Hastings's Revenue Committee to be (what it was) +the greatest and most serious disturbance that ever +happened in Bengal. But, good easy man, he was +utterly unable to guess to what cause it was to be +attributed. He thought there was some irregularity +in the collection, but on the whole judged that it had +little other cause than a general conspiracy of the +husbandmen and landholders, who, as Debi Sing's +lease was near expiring, had determined not to pay +any more revenue.</p> + +<p>Mr. Hastings's Committee of Revenue, whilst these +wounds were yet bleeding, and whilst a total failure +was threatened in the rents of these provinces, thought +themselves obliged to make an inquiry with some sort +of appearance of seriousness into the causes of it. +They looked, therefore, about them carefully, and +chose what they judged would be most plausible and +least effective. They thought that it was necessary to +send a special commissioner into the province, and +one, too, whose character would not instantly blast +the credit of his mission. They cast their eyes on +a Mr. Paterson, a servant of the Company, a man +of fair character, and long standing in the service. +Mr. Paterson was a person known to be of a very +cool temper, placid manners, moderate and middle<span class='pagenum'><a name="Page_93" id="Page_93">{93}</a></span> +opinions, unconnected with parties; and from such +a character they looked for (what sometimes is to be +expected from it) a compromising, balanced, neutralized, +equivocal, colorless, confused report, in which +the blame was to be impartially divided between the +sufferer and the oppressor, and in which, according to +the standing manners of Bengal, he would recommend +oblivion as the best remedy, and would end by remarking, +that retrospect could have no advantage, +and could serve only to irritate and keep alive animosities; +and by this kind of equitable, candid, and +judge-like proceeding, they hoped the whole complaint +would calmly fade away, the sufferers remain +in the possession of their patience, and the tyrant of +his plunder. In confidence of this event from this +presumed character, Mr. Hastings's Committee, in appointing +Mr. Paterson their commissioner, were not +deficient in arming him with powers equal to the +object of his commission. He was enabled to call +before him all accountants, to compel the production +of all accounts, to examine all persons,—not only to +inquire and to report, but to decide and to redress.</p> + +<p>Such is the imperfection of human wisdom that +the Committee totally failed in their well-laid project. +They were totally mistaken in their man. Under +that cold outside the commissioner, Paterson, concealed +a firm, manly, and fixed principle, a deciding +intellect, and a feeling heart. My Lords, he is the +son of a gentleman of a venerable age and excellent +character in this country, who long filled the seat of +chairman of the Committee of Supply in the House of +Commons, and who is now enjoying repose from his +long labors in an honorable age. The son, as soon as +he was appointed to this commission, was awed by<span class='pagenum'><a name="Page_94" id="Page_94">{94}</a></span> +and dreaded the consequences. He knew to what +temptation he should be exposed, from the known +character of Debi Sing, to suppress or to misrepresent +facts. He therefore took out a letter he had from his +father, which letter was the preservation of his character +and destruction of his fortune. This letter he +always resorted to in all trying exigencies of his life. +He laid the letter before him, and there was enjoined +such a line of integrity, incorruptness, of bearing +every degree of persecution rather than disguising +truth, that he went up into the country in a proper +frame of mind for doing his duty.</p> + +<p>He went to Rungpore strongly impressed with a +sense of the great trust that was placed in him; and +he had not the least reason to doubt of full support +in the execution of it,—as he, with every other white +man in Bengal, probably, and every black, except two, +was ignorant of the fact, that the Governor-General, +under whose delegated authority he was sent, had +been bribed by the farmer-general of those provinces, +and had sold them to his discretion for a great sum +of money. If Paterson had known this fact, no human +consideration would have induced him, or any +other man of common prudence, to undertake an inquiry +into the conduct of Debi Sing. Pity, my Lords, +the condition of an honest servant in Bengal.</p> + +<p>But Paterson was ignorant of this dark transaction, +and went simply to perform a duty. He had hardly +set his foot in the province, when the universal, unquestioned, +uncontradicted testimony of the whole +people, concurring with the manifest evidence of +things which could not lie, with the face of an utterly +ruined, undone, depopulated country, and saved +from literal and exceptionless depopulation only by<span class='pagenum'><a name="Page_95" id="Page_95">{95}</a></span> +the exhibition of scattered bands of wild, naked, meagre, +half-famished wretches, who rent heaven with +their cries and howlings, left him no sort of doubt of +the real cause of the late tumults. In his first letters +he conveyed his sentiments to the Committee with +these memorable words. "In my two reports I have +set forth in a general manner the oppressions which +provoked the ryots to rise. I shall, therefore, not +enumerate them now. Every day of my inquiry +serves but to confirm the facts. The wonder would +have been, if they had not risen. It was not collection, +but real robbery, aggravated by corporal punishment +and every insult of disgrace,—and this not confined +to a few, but extended over every individual. +Let the mind of man be ever so much inured to servitude, +still there is a point where oppressions will +rouse it to resistance. Conceive to yourselves what +must be the situation of a ryot, when he sees everything +he has in the world seized, to answer an exaggerated +demand, and sold at so low a price as not +to answer one half of that demand,—when he finds +himself so far from being released, that he remains +still subject to corporal punishment. But what must +be his feelings, when his tyrant, seeing that kind of +severity of no avail, adds family disgrace and loss +of caste! You, Gentlemen, who know the reserve of +the natives in whatever concerns their women, and +their attachment to their castes, must allow the full +effect of these prejudices under such circumstances."</p> + +<p>He, however, proceeded with steadiness and method, +and in spite of every discouragement which could +be thrown in his way by the power, craft, fraud, and +corruption of the farmer-general, Debi Sing, by the +collusion of the Provincial Chief, and by the decay of<span class='pagenum'><a name="Page_96" id="Page_96">{96}</a></span> +support from his employers, which gradually faded +away and forsook him, as his occasions for it increased. +Under all these, and under many more discouragements +and difficulties, he made a series of +able, clear, and well-digested reports, attended with +such evidence as never before, and, I believe, never +will again appear, of the internal provincial administration +of Bengal,—of evils universally understood, +which no one was ever so absurd as to contradict, +and whose existence was never denied, except in +those places where they ought to be rectified, although +none before Paterson had the courage to display +the particulars. By these reports, carefully +collated with the evidence, I have been enabled to +lay before you some of the effects, in one province +and part of another, of Governor Hastings's general +system of bribery.</p> + +<p>But now appeared, in the most striking light, the +good policy of Mr. Hastings's system of 1780, in placing +this screen of a Committee between him and his +crimes. The Committee had their lesson. Whilst +Paterson is left collecting his evidence and casting up +his accounts in Rungpore, Debi Sing is called up, in +seeming wrath, to the capital, where he is received +as those who have robbed and desolated provinces, +and filled their coffers with seven hundred thousand +pounds sterling, have been usually received at Calcutta, +and sometimes in Great Britain. Debi Sing +made good his ground in Calcutta, and when he had +well prepared his Committee, in due time Paterson +returns, appears, and reports.</p> + +<p>Persons even less informed than your Lordships +are well apprised that all officers representing government, +and making in that character an author<span class='pagenum'><a name="Page_97" id="Page_97">{97}</a></span>ized +inquiry, are entitled to a presumptive credit for +all their proceedings, and that their reports of facts +(where there is no evidence of corruption or malice) +are in the first instance to be taken for truth, especially +by those who have authorized the inquiry; and +it is their duty to put the burden of proof to the contrary +on those who would impeach or shake the report.</p> + +<p>Other principles of policy, and other rules of government, +and other maxims of office prevailed in the +Committee of Mr. Hastings's devising. In order to +destroy that just and natural credit of the officer, +and the protection and support they were bound to +afford him, they in an instant shift and reverse all +the relations in which the parties stood.</p> + +<p>This executive board, instituted for the protection +of the revenue and of the people, and which was no +court of justice in fact or name, turned their own +representative officer, reporting facts according to his +duty, into a voluntary accuser who is to make good +his charge at his peril; the farmer-general, whose +conduct was not criminally attacked, but appeared as +one of the grounds of a public inquiry, is turned into +a culprit before a court of justice, against whom everything +is to be juridically made out or not admitted; +and the members of an executive board, by usurpation +and fraud, erect themselves into judges bound to proceed +by strict rules of law.</p> + +<p>By this infamous juggle they took away, as far +as in them lay, the credit due to the proceedings of +government. They changed the natural situation of +proofs. They rejected the depositions of Paterson's +witnesses, as not on oath, though they had never +ordered or authorized them so to be taken.<span class='pagenum'><a name="Page_98" id="Page_98">{98}</a></span></p> + +<p>They went further, and disabled, in a body, all the +deponents themselves, whether on oath or not on oath +by discrediting the whole province as a set of criminals +who gave evidence to palliate their own rebellion. +They administered interrogatories to the commissioner +instead of the culprit. They took a base fellow, whom +they had themselves ordered their commissioner to +imprison for crimes, (crimes charged on him, not by +the commissioner, but by themselves,) and made him +a complainant and a witness against him in the stupidest +and most improbable of all accusations,—namely, +that Paterson had menaced him with punishment, if +he did not, in so many words, slander and calumniate +Debi Sing; and then the Committee, seating this +wretch as an assessor at their own board, who a few +days before would have trembled like a whipped slave +at the look of an European, encouraged him to interrogate +their own commissioner.</p> + +<p>[<i>Here Mr. Burke was taken ill, and obliged to sit +down. After some time Mr. Burke again addressed +the House.</i>]</p> + +<p>My Lords, I am sorry to break the attention of your +Lordships in such a way. It is a subject that agitates +me. It is long, difficult, and arduous; but with the +blessing of God, if I can, to save you any further +trouble, I will go through it this day.</p> + +<p>I am to tell your Lordships, that the next step they +took was, after putting Mr. Paterson as an accuser to +make good a charge which he made out but too much +to their satisfaction, they changed their battery.</p> + +<p>[<i>Mr. Burke's illness increased; upon which the House, +on the motion of His Royal Highness the Prince of +Wales, adjourned.</i>]<span class='pagenum'><a name="Page_99" id="Page_99">{99}</a></span></p> + + + +<hr style="width: 65%;" /> +<p><a name="FOURTH_DAY_TUESDAY_FEBRUARY_19_1788" id="FOURTH_DAY_TUESDAY_FEBRUARY_19_1788"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +OPENING THE IMPEACHMENT.<br /> +<br /> +<span style="font-size: 50%;">FOURTH DAY: TUESDAY, FEBRUARY 19, 1788.</span></h2> + + +<p>My Lords,—In any great undertaking, a failure +in the midst of it, even from infirmity, +though to be regarded principally as a misfortune, +is attended with some slight shadow of disgrace; but +your Lordships' humanity, and your love of justice, +have remedied everything, and I therefore proceed +with confidence this day.</p> + +<p>My Lords, I think (to the best of my remembrance) +the House adjourned at the period of time +in which I was endeavoring to illustrate the mischiefs +that happened from Mr. Hastings's throwing off his +responsibility, by delegating his power to a nominal +Council, and in reality to a black bad man, a native +of the country, of the worst character that could be +found in it,—and the consequence of it, in preventing +the detection and the punishment of the grossest +abuses that ever were known to be committed in India, +or any other part of the world.</p> + +<p>My Lords, I stated to you that Mr. Commissioner +Paterson was sent into that country. I stated that +he was sent into it with all the authority of government, +with power to hear, and not only to hear and +to report, but to redress, the grievances which he +should find in the country. In short, there was noth<span class='pagenum'><a name="Page_100" id="Page_100">{100}</a></span>ing +wanting to his power but an honest support. +Your Lordships will be convinced that the road to +fortune was easy to him. Debi Sing for a favorable +report would have given a large sum of money. +Your Lordships will be convinced that the Committee +would not have received such a report as a proof +of bribery. They would rather consider him as a +man whose conduct tended to conciliate, and to +soften troublesome and difficult matters, and to settle +the order of government as soon as possible.</p> + +<p>Some of the things contained in his reports I have +taken the liberty of laying before your Lordships, +but very faintly, very imperfectly, and far short of +my materials. I have stated, that the criminal, +against whom the commissioner had made his report, +instead of being punished by that strong hand +of power which Mr. Hastings has thought proper to +use upon other occasions, when he has endeavored +to make princes, or persons in the rank and with the +attributes of sovereign princes, feel whenever they +have incurred his private resentments,—that this +man was put into every situation of offence or defence +which the most litigious and prevaricating +laws that ever were invented in the very bosom of +arbitrary power could afford him, or by which peculation +and power were to be screened from the cries +of an oppressed people.</p> + +<p>Mr. Paterson, I stated, from being a commissioner +directed to report, under the authority of government, +to that government, was considered as a voluntary +accuser, obliged to make good the articles of his +charge. But I believe I stated that he did not long +remain in that condition.</p> + +<p>I shall now proceed to state to your Lordships, that<span class='pagenum'><a name="Page_101" id="Page_101">{101}</a></span> +this Debi Sing, fortified by this protection, which +was extended even to the lowest of his instruments, +thought it high time to assume the superiority that +belonged to a personage who had the Governor-General +for his <i>pensioner</i>. No longer the sneaking tone +of apology; no longer the modest allegations that +the commissioner was misinformed;—he boldly accuses +the representative of English government of +forgery in order to destroy him; he criminates and +recriminates, and lays about him without mercy.</p> + +<p>Things were now in a proper train; the Committee +find the cause growing and ripening to their wishes;—answers, +replies, objections, and interrogatories,—accounts +opposed to accounts,—balances now on the +one side, now on the other,—now debtor becomes +creditor, and creditor debtor,—until the proceedings +were grown to the size of volumes, and the whole +well fitted to perplex the most simple facts, and to +darken the meridian sunshine of public notoriety. +They prepared a report for the Governor-General +and Council suitable to the whole tenor of their +proceedings. Here the man whom they had employed +and betrayed appeared in a new character. +Observe their course with him. First he was made +a commissioner. Then he was changed from a commissioner +to be a voluntary accuser. He now undergoes +another metamorphosis: he appears as a culprit +before Mr. Hastings, on the accusation of the donor +of Mr. Hastings's bribes. He is to answer to the accusations +of Debi Sing. He is permitted to find materials +for his own defence; and he, an old Company's +servant, is to acknowledge it as a favor to be again +suffered to go into the province, without authority, +without station, without public character, under the<span class='pagenum'><a name="Page_102" id="Page_102">{102}</a></span> +discountenance and frowns, and in a manner under +prosecution, of the government. As a favor, he is +suffered to go again into Rungpore, in hopes of finding +among the dejected, harassed, and enslaved race +of Hindoos, and in that undone province, men bold +enough to stand forward, against all temptations of +emolument, and at the risk of their lives, with a firm +adherence to their original charge,—and at a time +when they saw <i>him</i> an abandoned and persecuted +private individual, whom they had just before looked +upon as a protecting angel, carrying with him the +whole power of a beneficent government, and whom +they had applied to, as a magistrate of high and sacred +authority, to hear the complaints and to redress +the grievances of a whole people.</p> + +<p>A new commission of junior servants was at the +same time sent out to review and reëxamine the cause, +to inquire into the inquiry, to examine into the examination, +to control the report, to be commissioners +upon the commission of Mr. Paterson. Before these +commissioners he was made to appear as an accused +person, and was put upon his defence, but without +the authority and without the favor which ought to go +with an accused person for the purpose of enabling +him to make out such defence.</p> + +<p>These persons went down into that country, and, +after spending a long time in mere matters of form, +found they could not do without a representative of +Debi Sing, and accordingly they ordered Debi Sing +to send up his <i>vakeel</i>.</p> + +<p>I forgot to state to your Lordships what the condition +of Debi Sing was during this proceeding. This +man had been ordered to Calcutta on two grounds: +one, on the matter of his flagitious misconduct at<span class='pagenum'><a name="Page_103" id="Page_103">{103}</a></span> +Rungpore; and the other, for a great failure in the +payment of his stipulated revenue. Under this double +accusation, he was to be considered, according to the +usual mode of proceeding in such cases, as a prisoner; +and he was kept, not in the common gaol of Calcutta, +not in the prison of the fort, not in that gaol in which +Rajah Nundcomar, who had been prime-minister of +the empire, was confined, but, according to the mild +ways of that country, where they choose to be mild, +and the persons are protected by the official influence +of power, under a free custody. He was put under +a guard of sepoys, but not confined to his house; he +was permitted to go abroad, where he was daily in +conference with those who were to judge him; and +having an address which seldom fails, and a dexterity +never wanting to a man possessed of 700,000<i>l.</i>, he +converted this guard into a retinue of honor: their +bayonets were lowered, their muskets laid aside; they +attended him with their side-arms, and many with +silver verges in their hands, to mark him out rather +as a great magistrate attended by a retinue than a +prisoner under guard.</p> + +<p>When he was ordered to send a vakeel to defend +his conduct, he refused to send him. Upon which +the commissioners, instead of saying, "If you will not +send your agent, we will proceed in our inquiry without +him," (and, indeed, it was not made necessary +by the commission that he should be there either by +vakeel or otherwise,) condescendingly admitted his +refusal, and suffered him to come up in person. He +accordingly enters the province, attended with his +guard, in the manner I have before mentioned, more +as a person returning in triumph from a great victory +than as a man under the load of all those enormous<span class='pagenum'><a name="Page_104" id="Page_104">{104}</a></span> +charges which I have stated. He enters the province +in this manner; and Mr. Paterson, who saw himself +lately the representative of the India Company, (an +old servant of the Company is a great man in that +country,) was now left naked, destitute, without any +mark of official situation or dignity. He was present, +and saw all the marks of imprisonment turned into +marks of respect and dignity to this consummate villain +whom I have the misfortune of being obliged to +introduce to your Lordships' notice. Mr. Paterson, +seeing the effect of the proceeding everywhere, seeing +the minds of the people broken, subdued, and +prostrate under it, and that, so far from having the +means of detecting the villanies of this insolent criminal, +appearing as a magistrate, he had not the means +of defending even his own innocence, because every +kind of information fled and was annihilated before +him, represented to these young commissioners that +this appearance of authority tended to strike terror +into the hearts of the natives, and to prevent his +receiving justice. The Council of Calcutta took this +representation into their deliberate consideration; +they found that it was true, that, if he had such an +attendance any longer in this situation, (and a large +attendance it was, such as the Chancellor of this kingdom +or the Speaker of the House of Commons does +not appear with,) it would have an evil appearance. +On the other hand, say they, "<i>If he should be left under +a guard, the people would consider him as under +disgrace.</i>" They therefore took a middle way, and +ordered the guard not to attend him with fixed bayonets, +which had the appearance of the custody of a +prisoner, but to lower their muskets and unfix their +bayonets.<span class='pagenum'><a name="Page_105" id="Page_105">{105}</a></span></p> + +<p>The next step of these commissioners is to exclude +Mr. Paterson from all their deliberations; and in order +that both parties might be put on an equality, +one would naturally conclude that the culprit, Debi +Sing, was likewise excluded. Far from it: he sat +upon the bench. Need I say any more upon this +subject? The protection followed.</p> + +<p>In this situation Mr. Paterson wrote one of the +most pathetic memorials that ever was penned to the +Council of Calcutta, submitting to his hard fate, but +standing inflexibly to his virtue that brought it upon +him. To do the man justice, he bore the whole of +this persecution like an hero. He never tottered in +his principles, nor swerved to the right or to the left +from the noble cause of justice and humanity in which +he had been engaged; and when your Lordships come +to see his memorials, you will have reason to observe +that his abilities are answerable to the dignity of his +cause, and make him worthy of everything that he +had the honor to suffer for it.</p> + +<p>To cut short the thread of this shocking series +of corruption, oppression, fraud, and chicanery, which +lasted for upwards of four years: Paterson remains +without employment; the inhabitants of great provinces, +whose substance and whose blood was sold by +Mr. Hastings, remain without redress; and the purchaser, +Debi Sing, that corrupt, iniquitous, and bloody +tyrant, instead of being proceeded against by the +Committee in a civil suit for retribution to the sufferers, +is handed over to the false semblance of a trial, +on a criminal charge, before a Mahometan judge,—an +equal judge, however. The judge was Mahomed +Reza Khân, his original patron, and the author of all +his fortunes,—a judge who depends on him, as a<span class='pagenum'><a name="Page_106" id="Page_106">{106}</a></span> +debtor depends upon his creditor. To that judge is +he sent, without a distinct charge, without a prosecutor, +and without evidence. The next ships will bring +you an account of his honorable acquittal.</p> + +<p>I have stated before that I considered Mr. Hastings +as responsible for the characters of the people he employed,—doubly +responsible, if he <i>knew</i> them to be +bad. I therefore charge him with putting in situations +in which any evil may be committed persons of +known evil characters.</p> + +<p>My Lords, I charge him, as chief governor, with +destroying the institutions of the country, which were +designed to be, and ought to have been, controls upon +such a person as Debi Sing.</p> + +<p>An officer, called dewan, or steward of the country, +had always been placed as a control on the farmer; +but that no such control should in fact exist, that +he, Debi Sing, should be let loose to rapine, slaughter, +and plunder in the country, both offices were +conferred on him. Did Mr. Hastings vest these offices +in him? No: but if Mr. Hastings had kept firm +to the duties which the act of Parliament appointed +him to execute, all the revenue appointments must +have been made by him; but, instead of making them +himself, he appointed Gunga Govind Sing to make +them; and for that appointment, and for the whole +train of subordinate villany which followed the placing +iniquity in the chief seat of government, Mr. +Hastings is answerable. He is answerable, I say, +first, for destroying his own legal capacity, and, next, +for destroying the legal capacity of the Council, not +one of whom ever had, or could have, any true knowledge +of the state of the country, from the moment +he buried it in the gulf of mystery and of darkness,<span class='pagenum'><a name="Page_107" id="Page_107">{107}</a></span> +under that collected heap of villany, Gunga Govind +Sing. From that moment he destroyed the power of +government, and put everything into his hands: for +this he is answerable.</p> + +<p>The Provincial Councils consisted of many members, +who, though they might unite in some small +iniquities perhaps, could not possibly have concealed +from the public eye the commission of such acts as +these. Their very numbers, their natural competitions, +the contentions that must have arisen among +them, must have put a check, at least, to such a business. +And therefore, Mr. Hastings having destroyed +every check and control above and below, having +delivered the whole into the hands of Gunga Govind +Sing, for all the iniquities of Gunga Govind Sing he +is responsible.</p> + +<p>But he did not know Debi Sing, whom he employed. +I read, yesterday, and trust it is fresh in +your Lordships' remembrance, that Debi Sing was +presented to him by that set of tools, as they call +themselves, who acted, as they themselves tell us +they must act, entirely and implicitly under Gunga +Govind Sing,—that is to say, by Gunga Govind Sing +himself, the confidential agent of Mr. Hastings.</p> + +<p>Mr. Hastings is further responsible, because he +took a bribe of 40,000<i>l.</i> from some person in power +in Dinagepore and Rungpore, the countries which +were ravaged in this manner, through the hands of +Gunga Govind Sing,—through the medium of that +very person whom he had appointed to exercise all +the authorities of the Supreme Council above and of +all subordinate Councils below. Having, therefore, +thus appointed a Council of tools in the hands of +Gunga Govind Sing, at the expense of 62,000<i>l.</i> a year,<span class='pagenum'><a name="Page_108" id="Page_108">{108}</a></span> +to supersede all the English provincial authorities,—having +appointed them for the purpose of establishing +a bribe-factor general, a general receiver and agent +of bribes through all that country, Mr. Hastings is +responsible for all the consequences of it.</p> + +<p>I have thought it necessary, and absolutely necessary +it is, to state what the consequence of this clandestine +mode of supplying the Company's exigencies +was. Your Lordships will see that their exigencies +are to be supplied by the ruin of the landed interest +of a province, the destruction of the husbandmen, +and the ruin of all the people in it. This is the consequence +of a general bribe-broker, an agent like +Gunga Govind Sing, superseding all the powers and +controls of government.</p> + +<p>But Mr. Hastings has not only reduced bribery to +a system of government practically, but theoretically. +For when he despaired any longer of concealing his +bribes from the penetrating eye of Parliament, then he +took another mode, and declared, as your Lordships +will see, that it was the best way of supplying the +necessities of the East India Company in the pressing +exigencies of their affairs; that thus a relief to the +Company's affairs might be yielded, which, in the common, +ostensible mode, and under the ordinary forms +of government, and publicly, never would be yielded +to them. So that bribery with him became a supplement +to exaction.</p> + +<p>The best way of showing that a theoretical system +is bad is to show the practical mischiefs that it produces: +because a thing may look specious in theory, +and yet be ruinous in practice; a thing may look evil +in theory, and yet be in its practice excellent. Here +a thing in theory, stated by Mr. Hastings to be pro<span class='pagenum'><a name="Page_109" id="Page_109">{109}</a></span>ductive +of much good, is in reality productive of +all those horrible mischiefs I have stated. That Mr. +Hastings well knew this appears from an extract +of the Bengal Revenue Consultations, 21st January, +1785, a little before he came away.</p> + +<p>Mr. Hastings says,—"I entirely acquit Mr. Goodlad +of all the charges: he has disproved them. It +was the duty of the accuser to prove them. Whatever +crimes may be established against Rajah Debi +Sing, it does not follow that Mr. Goodlad was responsible +for them; and I so well know the character and +abilities of Rajah Debi Sing, that I can easily conceive +that it was in his power both to commit the enormities +which are laid to his charge, and to conceal the +grounds of them from Mr. Goodlad, who had no authority +but that of receiving the accounts and rents +of the district from Rajah Debi Sing, and occasionally +to be the channel of communication between him and +the Committee."</p> + +<p>We shall now see what things Mr. Hastings did, +what course he was in, a little before his departure,—with +what propriety and consistency of character he +has behaved from the year of the commencement of +his corrupt system, in 1773, to the end of it, when he +closed it in 1785, when the bribes not only mounted +the chariot, but boarded the barge, and, as I shall +show, followed him down the Ganges, and even to +the sea, and that he never quitted his system of iniquity, +but that it survived his political life itself.</p> + +<p>One of his last political acts was this.</p> + +<p>Your Lordships will remember that Mr. Goodlad +was sent up into the country, whose conduct was +terrible indeed: for that he could not be in place +and authority in that country, and be innocent, while<span class='pagenum'><a name="Page_110" id="Page_110">{110}</a></span> +such things were doing, I shall prove. But that is +not now my consideration.</p> + +<p>The Governor-General's minute, just read, is this. +"I entirely acquit Mr. Goodlad of all the charges: +he has disproved them. It was the duty of the accuser +to prove them" (the accuser, namely, the commissioner). +"Whatever crimes may be established +against Rajah Debi Sing, it does not follow that Mr. +Goodlad was responsible for them; and I so well +know the character," &c., &c., &c.</p> + +<p>Now your Lordships perceive he has acquitted Mr. +Goodlad. He is clear. Be it that he is fairly and conscientiously +acquitted. But what is Mr. Hastings's +account of Rajah Debi Sing? He is presented to him +in 1781, by Gunga Govind Sing, as a person against +whose character there could be no exception, and by +him accepted in that light. Upon the occasion I have +mentioned, Mr. Hastings's opinion of him is this: "I +so well know the character and abilities of Rajah Debi +Sing, that I can easily conceive that it was in his +power both to commit the enormities which are laid to +his charge, and to conceal the grounds of them from +Mr. Goodlad, who had no authority but that of receiving +the accounts and rents of the district from Rajah +Debi Sing, and occasionally to be the channel of communication +between him and the Committee."</p> + +<p>Thus your Lordships see what Mr. Hastings's opinion +of Debi Sing was. We shall prove it at another +time, by abundance of clear and demonstrative evidence, +that, whether he was bad or no, (but we shall +prove that bad he was indeed,) <i>even he</i> could hardly +be so bad as he was in the opinion which Mr. Hastings +entertained of him; who, notwithstanding, now disowns +this mock Committee, instituted by himself, but,<span class='pagenum'><a name="Page_111" id="Page_111">{111}</a></span> +in reality, entirely managed by Gunga Govind Sing. +This Debi Sing was accepted as an unexceptionable +man; and yet Mr. Hastings knows both his power of +doing mischief and his artifice in concealing it. If, +then, Mr. Goodlad is to be acquitted, does it not show +the evil of Mr. Hastings's conduct in destroying those +Provincial Councils which, as I have already stated, +were obliged to book everything, to minute all the circumstances +which came before them, together with +all the consultations respecting them? He strikes at +the whole system at once, and, instead of it, he leaves +an Englishman, under pretence of controlling Gunga +Govind Sing's agent, appointed for the very purpose +of giving him bribes, in a province where Mr. Hastings +says that agent had the power of committing such +enormities, and which nobody doubts his disposition +to commit,—he leaves him, I say, in such a state of +inefficiency, that these iniquities could be concealed +(though every one true) from the person appointed +there to inspect his conduct! What, then, could be +his business there? Was it only to receive such sums +of money as Debi Sing might put into his hands, and +which might have been easily sent to Calcutta? Was +he to be of use as a communication between Debi +Sing and the Committee, and in no other way? +Here, then, we have that English authority which +Mr. Hastings left in the country,—here the native +authority which he settled, and the establishment of +native iniquity in a regular system under Gunga +Govind Sing,—here the destruction of all English +inspection. I hope I need say no more to prove to +your Lordships that this system, taken nakedly as it +thus stands, founded in mystery and obscurity, founded +for the very express purpose of conveying bribes,<span class='pagenum'><a name="Page_112" id="Page_112">{112}</a></span> +as the best mode of collecting the revenue and supplying +the Company's exigencies through Gunga Govind +Sing, would be iniquitous upon the face and +the statement of it. But when your Lordships consider +what horrid effects it produced, you will easily +see what the mischief and abomination of Mr. Hastings's +destroying these Provincial Councils and protecting +these persons must necessarily be. If you had +not known in theory, you must have seen it in practice.</p> + +<p>But when both practice and theory concur, there +can be no doubt that a system of private bribery for +a revenue, and of private agency for a constitutional +government, must ruin the country where it prevails, +must disgrace the country that uses it, and finally +end in the destruction of the revenue. For what +says Mr. Hastings? "I was to have received 40,000<i>l.</i> +in bribes, and 30,000<i>l.</i> was actually applied to the +use of the Company." Now I hope I shall demonstrate, +if not, it will be by some one abler than me +demonstrated, in the course of this business, that +there never was a bribe received by Mr. Hastings that +was not instantly followed with a deficiency in the +revenue,—this is clear, and what we undertake to +prove,—and that Debi Sing himself was, at the time +Mr. Hastings came away, between twenty and thirty +thousand pounds debtor to the Company. So that, in +truth, you always find a deficiency of revenue nearly +equal, and in some instances I shall show double, to +all the bribes Mr. Hastings received: from whence +it will be evident that he never could nor did receive +them under that absurd and strange idea of a resource +to government.</p> + +<p>I must re-state to your Lordships, because I wish<span class='pagenum'><a name="Page_113" id="Page_113">{113}</a></span> +you never to forget, that this Committee of Revenue +was, in their own opinion, and from their own certain +knowledge and mere motion, if motion can be attributed +originally to instruments, mere tools; that +they knew that they were tools in the hands of Gunga +Govind Sing. There were two persons principal in +it,—Mr. Shore, who was the acting President, and +Mr. Anderson, who was President in rank, and President +in emolument, but absent for a great part of the +time upon a foreign embassy. It is the recorded opinion +of the former, (for I must beg leave to read again +a part of the paper which has already been read to your +Lordships,) that "the Committee, with the best intentions, +best abilities, and steadiest application, must, +after all, be a tool in the hands of their dewan."</p> + +<p>Now do you believe, in the first place, that men +will long have abilities, will long have good intentions, +and will long, above all, have steady application, +when they know they are but tools in the hands +of another,—when they know they are tools for his +own corrupt purposes?</p> + +<p>In the next place, I must beg leave to state to you, +that, on the constitution of this Committee, Mr. Hastings +made them all take a solemn oath that they +would never receive any present whatever. It was +not enough to trust to a general covenant; it was +not enough to trust to the penal act of 1773: he +bound the Committee by a new oath, and forced them +to declare that they would not receive any bribes. +As soon as he had so secured them against receiving +bribes, he was resolved to make them inefficient,—a +good way to secure them against bribes, by taking +from them the power of bribe-worthy service. This +was a good counter-security to their oath. But Mr.<span class='pagenum'><a name="Page_114" id="Page_114">{114}</a></span> +Hastings put a dewan there, against whom there was +no security; he let loose this dewan to frustrate their +intentions, their application, their abilities, and oath: +that is, there was a person at that board who was +more than the board itself, who might riot in peculation +and plunder from one end of the country to the +other. He was there to receive bribes for Mr. Hastings; +the Committee were to be pure with impotent +hands; and then came a person with ample power for +Mr. Hastings himself. And lest this person should +not have power enough in this Committee, he is made +the general bribe-broker to Mr. Hastings. This secret +under-current, as your Lordships will see, is to +counteract everything, and, as fast as one part is rendered +pure, totally to corrupt all the rest.</p> + +<p>But, my Lords, this was not the private opinion of +Mr. Shore only, a man of great abilities, and intimately +acquainted with the revenue, who must know when +he was in a situation to do good and when not. The +other gentleman whom I have mentioned, Mr. Hastings's +confidant in everything but his bribes, and +supposed to be in his closest secrets, is Mr. Anderson. +I should remark to your Lordships, that Mr. Anderson +is a man apparently of weak nerves, of modest +and very guarded demeanor, as we have seen him in +the House of Commons; it is in that way only I have +the honor of knowing him. Mr. Anderson being asked +whether he agreed in the opinion and admitted the +truth of his friend Mr. Shore's statement relative to +the dewan of the Committee, his answer was this: +"I do not think that I should have written it quite +so strong, but I do in a great measure agree to it: +that is, I think there is a great deal of truth in the +observation; I think, in particular, that it would<span class='pagenum'><a name="Page_115" id="Page_115">{115}</a></span> +require great exertion in the Committee, and great +abilities on the part of the President, to restrain effectually +the conduct of the dewan; I think it would be +difficult for the Committee to interpose a sufficient +control to guard against all the abuses of the dewan."</p> + +<p>There is the real President of the Committee,—there +the most active, efficient member of it. They +are both of one opinion concerning their situation: +and I think this opinion of Mr. Anderson is still more +strong; for, as he thinks he should have written it +with a little more guard, but should have agreed in +substance, you must naturally think the strongest expression +the truest representation of the circumstance.</p> + +<p>There is another circumstance that must strike +your Lordships relative to this institution. It is +where the President says that the use of the President +would be to exert his best abilities, his greatest +application, his constant guard,—for what?—to +prevent his dewan from being guilty of bribery and +being guilty of oppressions. So here is an executive +constitution in which the chief executive minister +is to be in such a situation and of such a disposition +that the chief employment of the presiding person +in the Committee is to guard against him and to prevent +his doing mischief. Here is a man appointed, +of the greatest possible power, of the greatest possible +wickedness, in a situation to exert that power and +wickedness for the destruction of the country, and +without doubt it would require the greatest ability +and diligence in the person at the head of that Council +to prevent it. Such a constitution, allowed and +alleged by the persons themselves who composed it, +was, I believe, never heard of in the world.<span class='pagenum'><a name="Page_116" id="Page_116">{116}</a></span></p> + +<p>Now that I have done with this part of the system +of bribery, your Lordships will permit me to follow +Mr. Hastings to his last parting scene. He parted +with his power, he parted with his situation, he parted +with everything, but he never could part with +Gunga Govind Sing. He was on his voyage, he had +embarked, he was upon the Ganges, he had quitted +his government; and his last dying sigh, his last parting +voice, was "Gunga Govind Sing!" It ran upon +the banks of the Ganges, as another plaintive voice ran +upon the banks of another river (I forget whose); his +last accents were, "Gunga, Gunga Govind Sing!" +It demonstrates the power of friendship.</p> + +<p>It is said by some idle, absurd moralists, that +friendship is a thing that cannot subsist between +bad men; but I will show your Lordships the direct +contrary; and, after having shown you what Gunga +Govind Sing was, I shall bring before you Mr. Hastings's +last act of friendship for him. Not that I have +quite shown you everything, but pretty well, I think, +respecting this man. There is a great deal concerning +his character and conduct that is laid by, and I +do believe, that, whatever time I should take up in +expatiating upon these things, there would be "in the +lowest deep still a lower deep"; for there is not a +day of the inquiry that does not bring to light more +and more of this evil against Mr. Hastings.</p> + +<p>But before I open the papers relative to this act of +Mr. Hastings's friendship for Gunga Govind Sing, I +must re-state some circumstances, that your Lordships +may understand thoroughly the nature of it. Your +Lordships may recollect, that, about the time of the +succession of the minor Rajah of Dinagepore, who +was then but five or six years of age, and when Mr.<span class='pagenum'><a name="Page_117" id="Page_117">{117}</a></span> +Hastings left Bengal eight or nine, Mr. Hastings had +received from that country a bribe of about 40,000<i>l.</i> +There is a fidelity even in bribery; there is a truth +and observance even in corruption; there is a justice, +that, if money is to be paid for protection, protection +should be given. My Lords, Mr. Hastings received +this bribe through Gunga Govind Sing; then, at least, +through Gunga Govind Sing he ought to take care +that that Rajah should not be robbed,—that he +should not be robbed, if Gunga Govind Sing could +help it,—that, above all, he should not be robbed by +Gunga Govind Sing himself. But your Lordships +will find that the last act of Mr. Hastings's life was +to be an accomplice in the most cruel and perfidious +breach of faith, in the most iniquitous transaction, that +I do believe ever was held out to the indignation of +the world with regard to private persons. When he +departed, on the 16th of February, 1785, when he was +on board, in the mouth of the Ganges, and preparing +to visit his native country, let us see what the last act +of his life then was. Hear the last tender accents of +the dying swan upon the Ganges.</p> + +<p>"The regret which I cannot but feel in relinquishing +the service of my honorable employers would be +much embittered, were it accompanied by the reflection +that I have neglected the merits of a man who deserves +no less of them than of myself, Gunga Govind +Sing, who from his earliest youth had been employed +in the collection of the revenues, and was about eleven +years ago selected for his superior talents to fill the +office of dewan to the Calcutta Committee. He has +from that time, with a short intermission, been the +principal native agent in the collection of the Company's +revenues; and I can take upon myself to say that<span class='pagenum'><a name="Page_118" id="Page_118">{118}</a></span> +he has performed the duties of his office with fidelity, +diligence, and ability. To myself he has given +proofs of a constancy and attachment which neither the +fears nor expectations excited by the prevalence of a +different influence could shake,—and at a time, too, +when these qualities were so dangerous, that, far from +finding them amongst the generality of his countrymen, +I did not invariably meet with them amongst my +own. With such a sense of his merits, it is natural that +I should feel a desire of rewarding him,—for justice, +gratitude, generosity, and even policy, demand it; +and I resort to the board for the means of performing +so necessary a duty, in full confidence, that, as those +which I shall point out are neither incompatible with +the Company's interest nor prejudicial to the rights +of others, they will not be withheld from me. At the +request, therefore, of Gunga Govind Sing, I deliver +the accompanying <i>durkhausts</i>, or petitions, for grants +of lands lying in different districts, the total <i>jumma</i>, +or rent, of which amount to Rupees 2,38,061. 12. 1."</p> + +<p>Your Lordships recollect that Mr. Larkins was one +of the bribe-agents of Mr. Hastings,—one, I mean, +of a corporation, but not corporate in their acts. +My Lords, Mr. Larkins has told you, he has told us, +and he has told the Court of Directors, that Mr. Hastings +parted in a quarrel with Gunga Govind Sing, because +he had not faithfully kept his engagement with +regard to his bribe, and that, instead of 40,000<i>l.</i> from +Dinagepore, he had only paid him 30,000<i>l.</i> My +Lords, that iniquitous men will defraud one another +I can conceive; but you will perceive by Mr. Hastings's +behavior at parting, that he either had in fact +received this money from Gunga Govind Sing, or in +some way or other had abundant reason to be satis<span class='pagenum'><a name="Page_119" id="Page_119">{119}</a></span>fied,—that +he totally forgot his anger upon this occasion, +and that at parting his last act was to ratify +<i>grants of lands</i> (so described by Mr. Hastings) to +Gunga Govind Sing. Your Lordships will recollect +the tender and forgiving temper of Mr. Hastings. +Whatever little bickerings there might have been between +them about their small money concerns, the +purifying waters of the Ganges had washed away all +sins, enmities, and discontent. By some of those arts +which Gunga Govind Sing knows how to practise, (I +mean conciliatory, honest arts,) he had fairly wiped +away all resentment out of Mr. Hastings's mind; and +he, who so long remembered the affront offered him +by Cheyt Sing, totally forgets Gunga Govind Sing's +fraud of 10,000<i>l.</i>, and attempts to make others the +instruments of giving him what he calls his reward.</p> + +<p>Mr. Hastings states, among Gunga Govind's merits, +that he had, from the time of its institution, and with +a very short intermission, served the office of dewan +to the Calcutta Committee. That short intermission +was when he was turned out of office upon proof of +peculation and embezzlement of public money; but +of this cause of the intermission in the political life +and political merits of Gunga Govind Sing Mr. Hastings +does not tell you.</p> + +<p>Your Lordships shall now hear what opinion a +member of the Provincial Council at Calcutta, in +which he had also served, had of him.</p> + +<p>"Who is Gunga Govind Sing?" The answer is, +"He was, when I left Bengal, dewan to the Committee +of Revenue.—What was his office and power +during Mr. Hastings's administration since 1780?—He +was formerly dewan to the Provincial Council +stationed at Calcutta, of which I was a member. His<span class='pagenum'><a name="Page_120" id="Page_120">{120}</a></span> +conduct then was licentious and unwarrantable, oppressive +and extortionary. He was stationed under +us to be an humble and submissive servant, and to be +of use to us in the discharge of our duty. His conduct +was everything the reverse. We endeavored to +correct the mischiefs he was guilty of as much as +possible. In one attempt to release fifteen persons +illegally confined by him, we were dismissed our offices: +a different pretence was held out for our dismission, +but it was only a pretence. Since his appointment +as dewan to the present Committee of Revenue, +his line of conduct has only been a continuance of +what I have described, but upon a larger scale.—What +was the general opinion of the natives of the +use he made of his power? He was looked up to by +the natives as the second person in the government, +if not the first. He was considered as the only channel +for obtaining favor and employment from the +Governor. There is hardly a native family of rank +or credit within the three provinces whom he has not +some time or other distressed and afflicted; scarce +a zemindary that he has not dismembered and plundered.—Were +you in a situation to know this to be +true?—I certainly was.—What was the general opinion, +and your own, concerning his wealth?—It is almost +impossible to form a competent judgment, his +means of acquiring it have been so extensive. I had +an account shown to me, about July, 1785, stating his +acquisitions at three hundred and twenty lacs of rupees,—that +is, 3,200,000<i>l.</i>"</p> + +<p>My Lords, I have only to add, that, from the best +inquiries I have been able to make, those who speak +highest of his wealth are those who obtain the greatest +credit. The estimate of any man's wealth is un<span class='pagenum'><a name="Page_121" id="Page_121">{121}</a></span>certain; +but the enormity of his wealth is universally +believed. Yet Mr. Hastings seemed to act as if he +needed a reward; and it is therefore necessary to +inquire what recommended him particularly to Mr. +Hastings. Your Lordships have seen that he was on +the point of being dismissed for misbehavior and oppression +by that Calcutta Committee his services to +which Mr. Hastings gives as one proof of his constant +and uniform good behavior. "He had executed," he +says, "the duties of his office with fidelity, diligence, +and ability." These are his public merits; but he +has private merits. "To myself," says he, "he has +given proofs of constancy and attachment."</p> + +<p>Now we, who have been used to look very diligently +over the Company's records, and to compare one part +with another, ask what those services were, which +have so strongly recommended him to Mr. Hastings, +and induced him to speak so favorably of his public +services. What those services are does not appear; +we have searched the records for them, (and those +records are very busy and loquacious,) about that period +of time during which Mr. Hastings was laboring +under an eclipse, and near the dragon's mouth, +and all the drums of Bengal beating to free him from +this dangerous eclipse. During this time there is +nothing publicly done, there is nothing publicly said, +by Gunga Govind Sing. There were, then, some +services of Gunga Govind Sing that lie undiscovered, +which he takes as proofs of attachment. What could +they be? They were not public; nobody knows anything +of them; they must, by reference to the time, +as far as we can judge of them, be services of concealment: +otherwise, in the course of this business, it will +be necessary, and Mr. Hastings will find occasion, to<span class='pagenum'><a name="Page_122" id="Page_122">{122}</a></span> +show what those personal services of Gunga Govind +Sing to him were. <i>His</i> services to Gunga Govind +Sing were pretty conspicuous: for, after he was turned +out for peculation, Mr. Hastings restored him to his +office; and when he had imprisoned fifteen persons +illegally and oppressively, and when the Council were +about to set them at liberty, they were set at liberty +themselves, they were dismissed their offices. Your +Lordships see, then, what his public services were. +His private services are unknown: they must be, as +we conceive from their being unknown, of a suspicious +nature; and I do not go further than suspicion, because +I never heard, and I have not been without attempts +to make the discovery, what those services were +that recommended him to Mr. Hastings.</p> + +<p>Having looked at his public services, which are +well-known scenes of wickedness, barbarity, and corruption, +we next come to see what his reward is. +Your Lordships hear what reward he thought proper +to secure for himself; and I believe a man who has +power like Gunga Govind Sing, and a disposition like +Gunga Govind Sing, can hardly want the means of +rewarding himself; and if every virtue rewards itself, +and virtue is said to be its own reward, the virtue of +Gunga Govind Sing was in a good way of seeking its +own reward. Mr. Hastings, however, thought it was +not right that such a man should reward himself, but +that it was necessary for the honor and justice of government +to find him a reward. Then the next thing +is, what that reward shall be. It is a grant of lands. +Your Lordships will observe, that Mr. Hastings declares +some of these lands to be unoccupied, others +occupied, but not by the just owners. Now these +were the very lands of the Rajah of Dinagepore from<span class='pagenum'><a name="Page_123" id="Page_123">{123}</a></span> +whence he had taken the bribe of 40,000<i>l.</i> My Lords, +this was a monstrous thing. Mr. Hastings had the +audacity, as his parting act, when he was coming to +England, and ought to have expected (whatever he +did expect) the responsibility of this day,—he was, +I say, shameless enough not only to give this recommendation, +but to perpetuate the mischiefs of his +reign, as he has done, to his successors: for he has +really done so, by making it impossible, almost, to +know anything of the true state of that country; and +he has thereby made them much less responsible and +criminal than before in any ill acts they may have +done since his time. But Mr. Hastings not only +recommends and backs the petition of Gunga Govind +Sing with his parting authority, which authority he +made the people there believe would be greater in +England than it was in India, but he is an evidence; +he declares, that, "to his own knowledge, these lands +are vacant, and confessedly, therefore, by the laws of +this as well as of most other countries, in the absolute +gift of government."</p> + +<p>My Lords, as I said, Mr. Hastings becomes a witness, +and I believe in the course of the proceedings +you will find a false witness, for Gunga Govind Sing. +"To my own knowledge," says he, "they are vacant." +Why, I cannot find that Mr. Hastings had ever been +in Dinagepore; or if he had, it must have been only +as a passenger. He had not the supervision of the +district, in any other sense than with that kind of +eagle eye which he must have had over all Bengal, +and which he had for no other purposes than those +for which eagles' eyes are commonly used. He becomes, +you see, a witness for Gunga Govind Sing, and +orders to be given him, as a recompense for all the<span class='pagenum'><a name="Page_124" id="Page_124">{124}</a></span> +iniquitous acts this man committed, the lands of that +very Rajah who through the hands of Gunga Govind +Sing had given an enormous bribe to Mr. Hastings. +These lands were not without an ownership, but +were lands in the hands of the Rajah, and were to +be severed from the zemindary, and given to Gunga +Govind Sing. The manner of obtaining them is something +so shocking, and contains such a number of +enormities completed in one act, that one can scarce +imagine how such a compound could exist.</p> + +<p>This man, besides his office of dewan to the Calcutta +Committee, which gave him the whole management +and power of the revenue, was, as I have stated, at the +head of all the registers in the kingdom, whose duty +it was to be a control upon him as dewan. As Mr. +Hastings destroyed every other constitutional settlement +of the country, so the office which was to be a +check upon Gunga Govind Sing, namely, the register +of the country, had been superseded, and revived in +another shape, and given to the own son of this very +man. God forbid that a son should not be under +a certain and reasonable subordination! But though +in this country we know a son may possibly be free +from the control of his father, yet the meanest slave +is not in a more abject condition of slavery than a son +is in that country to his father; for it extends to the +power of a Roman parent. The office of register is to +take care that a full and fair rent is secured to government; +and above all, it is his business to take care +of the body of laws, the <i>Rawaj-ul-Mulk</i>, or custom +of the country, of which he is the guardian as the +head of the law. It was his business to secure that +fundamental law of the government, and fundamental +law of the country, that a zemindary cannot be split,<span class='pagenum'><a name="Page_125" id="Page_125">{125}</a></span> +or any portion of it separated, without the consent of +the government. This man betrayed his trust, and +did privately, contrary to the duty of his office, get +this minor Rajah, who was but an infant, who was +but nine years old at the time, to make over to him a +part of his zemindary, to a large amount, under color +of a fraudulent and fictitious sale. By the laws of that +country, by the common laws of Nature, the act of +this child was void. The act was void as against the +government, by giving a zemindary without the consent +of the government to the very man who ought to +have prevented such an act. He has the same sacred +guardianship of minors that the Chancellor of England +has. This man got to himself those lands by a +fraudulent, and probably forged deed,—for that is +charged too; but whether it was forged or not, this +miserable minor was obliged to give the lands to him: +he did not dare to quarrel with him upon such an +article; because he who would purchase could take. +The next step was to get one of his nearest relations +to seem to give a consent; because taking it of the +minor was too gross. The relation, who could no +more consent by the law of that country than the law +of this, gave apparently his consent. And these were +the very lands that Mr. Hastings speaks of as "lands +entirely at the disposal of government."</p> + +<p>All this came before the Council. The moment +Mr. Hastings was gone, India seemed a little to respire; +there was a vast, oppressive weight taken off it, +there was a mountain removed from its breast; and +persons did dare then, for the first time, to breathe +their complaints. And accordingly, this minor Rajah +got some person kind enough to tell him that he was +a minor, that he could not part with his estate; and<span class='pagenum'><a name="Page_126" id="Page_126">{126}</a></span> +this, with the other shocking and illegal parts of the +process, was stated by him to the Council, who had +Mr. Hastings's recommendation of Gunga Govind +Sing before them. The Council, shocked to see a minor +attempted to be dispossessed in such a manner +by him who was the natural guardian of all minors, +shocked at such an enormous, daring piece of iniquity, +began to inquire further, and to ask, "How +came this his near relation to consent?" He was apparently +partner in the fraud. Partner in the fraud +he was, but not partner in the profit; for he was to do +it without getting anything for it: the wickedness +was in him, and the profit in Gunga Govind Sing. +In consequence of this inquiry, the man comes down +to account for his conduct, and declares another atrocious +iniquity, that shows you the powers which Gunga +Govind Sing possessed. "Gunga Govind Sing," +says he, "is master of the country; he had made a +great festival for the burial of his mother; all those +of that caste ought to be invited to the funeral festival; +he would have disgraced me forever, if I had not +been invited to that funeral festival." These funeral +festivals, you should know, are great things in that +country, and celebrated in this manner, and, you may +depend upon it, in a royal manner by him, upon burying +his mother: any person left out was marked, despised, +and disgraced. "But he had it in his power, +and I was threatened to be deprived of my caste by +his register, who had the caste in his absolute disposition." +Says he, "I was under terror, I was under +duress, and I did it."</p> + +<p>Gunga Govind Sing was fortified by the opinion, +that the Governor, though departed, virtually resided +in that country. God grant that his power may<span class='pagenum'><a name="Page_127" id="Page_127">{127}</a></span> +be extirpated out of it now! I doubt it; but, most +assuredly, it was residing in its plenitude when he +departed from thence; and there was not a man in +India who was not of opinion, either that he was +actually to return to govern India again, or that his +power is such in England as that he might govern it +here. And such were the hopes of those who had intentions +against the estates of others. Gunga Govind +Sing, therefore, being pressed to the wall by this declaration +of the Rajah's relation, when he could say +nothing against it, when it was clear and manifest, +and there were only impudent barefaced denials, and +asseverations against facts which carried truth with +themselves, did not in his answer pretend to say that +a zemindary might be parted without the consent of +the government, that a minor might be deprived of +it, that the next relation had a power of disposing +of it. He did indeed say, but nobody believed him, +that he had used no force upon this relation; but as +every one knew the act would be void, he was driven +to Mr. Hastings's great refuge,—he was driven to +say, "The government in this country has arbitrary +power; the power of government is everything, the +right of the subject nothing; they have at all times +separated zemindaries from their lawful proprietors. +Give me what Mr. Hastings has constantly given to +other people without any right, or shadow or semblance +of right at all." God knows, it is well that +I walk with my authority in my hand; for there are +such crimes, such portentous, incredible crimes, to be +brought before your Lordships, that it would hardly +be believed, were it not that I am constantly, as I +hope I shall constantly be, guarded with evidence, and +that the strongest that can be, even the evidence of +the parties themselves.<span class='pagenum'><a name="Page_128" id="Page_128">{128}</a></span></p> + +<p>"From your inquiry," Gunga Govind Sing says +to the Council, "every circumstance will appear in +its true colors. With respect to the alienation of +parts of zemindaries, the extent and consequence of +the great zemindars depend in a great measure on +the favor and countenance of the ruling powers. +By what means did this zemindar of Dinagepore get +possession of Purgunnah Buttassim after the death +of Rycobad Chowdry in 1158, of Purgunnah Coolygong +after the death of Sahebrance Chowderanne +in the same year, notwithstanding his heirs existed, +and of Purgunnah Suntoe, &c., during the lifetime +of Sumboonant, the zemindar, in 1167, all without +right, title, or pecuniary consideration? This has +been the case with many purgunnahs in his zemindary, +and indeed exists in many other zemindaries +besides since the Company's accession. Ramkissen, +in 1172, got possession of Nurrulloor, the zemindary +of Mahomed Ali. The purgunnah of Ichanguipore, +&c., was in three divisions in 1173. The petition +of Govind Deo Sheopersaud was made over to the +son of Bousser Chowdry, possessor of the third share. +Purgunnah Baharbund belonged to the zemindary +of Ranny Bhowanny, and in 1180 was made over +to Lucknaut Nundy. All these changes took place +in the lifetime of the rightful possessors, without +right, title, or purchase."</p> + +<p>Your Lordships have not heard before of Lucknaut +Nundy. He was the son of a person of whom your +Lordships have heard before, called Cantoo Baboo, the +banian of Mr. Hastings. Mr. Hastings has proved +in abundance of other cases that a grant to father +and son is the same thing. The fathers generally +take out grants in the names of their sons: and<span class='pagenum'><a name="Page_129" id="Page_129">{129}</a></span> +the Ranny Bhowanny, possessing the zemindary of +Radshi, an old lady of the first rank and family in +India, was stripped of part of her zemindary, and it +was given to Lucknaut Nundy, the son of Mr. Hastings's +banian; and then (you see the consequence of +good examples) comes Gunga Govind Sing, and says, +"I am as good a man as he; there is a zemindary +given; then do as much for Gunga Govind Sing as +you have done for Cantoo Baboo." Here is an argument +drawn from the practice of Mr. Hastings. And +this shows your Lordships the necessity of suppressing +such iniquities by punishing the author of them. +You will punish Mr. Hastings, and no man will hereafter +dare to rob minors, no man will hereafter dare +to rob widows, to give to the vilest of mankind, their +own base instruments for their own nefarious purposes, +the lands of others, without right, title, or purchase.</p> + +<p>My Lords, I will not after this state to you the false +representation of the value of these lands which this +man gave in to government. He represented it to be +much less than it was, when he desired the grant of +them,—as shall be stated, when it comes before your +Lordships, at the proper time. But at present I am +only touching upon principles, and bringing examples +so far as they illustrate principles, and to show how +precedents spread.</p> + +<p>I believe your Lordships will conceive better of the +spirit of these transactions by my intermixing with +them, as I shall endeavor to do, as much as possible +of the grounds of them. I will venture to say, that +no description that I can give, no painting, if I was +either able or willing to paint, could make these transactions +appear to your Lordships with the strength<span class='pagenum'><a name="Page_130" id="Page_130">{130}</a></span> +which they have in themselves; and your Lordships +will be convinced of this, when you see, what nobody +could hardly believe, that a man can say, "It was +given to others without right, title, or purchase,—give +it to me without right, title, or purchase; give +me the estates of minors without right, title, or purchase, +because Mr. Hastings gave the estates of widows +without right, title, or purchase."</p> + +<p>Of this exemplary grant, of this pattern for future +proceedings, I will show your Lordships the consequence. +I will read to your Lordships part of the +examination of a witness, taken from a report of a +committee of the House of Commons.</p> + +<p>"Are you acquainted with the situation of the +zemindary of Baharbund?—It lies to the eastward +of Dinagepore and Rungpore. I was stationed in that +neighborhood.—To whom did it originally belong?—I +believe, to the zemindary of Radshi, belonging +to Ranny Bhowanny.—For what reason was it taken +from the Ranny of Radshi and given to Cantoo Baboo?—I +do not exactly recollect: I believe, on some +plea of incapacity or insufficiency in her to manage it, +or some pretended decline in the revenue, owing to +mismanagement.—On what terms was it granted to +Cantoo Baboo or his son?—I believe it was a grant in +perpetuity, at the revenue of Rupees 82,000 or 83,000 +per annum.—What amount did he collect from the +country?—I cannot tell. The year I was in that +neighborhood, the settlement with his under-tenants +was something above 3,53,000 rupees. The inhabitants +of the country objected to it. They assembled in +a body of about five thousand, and were proceeding to +Calcutta to make known their grievances to the Committee +of Revenue. They were stopped at Cossim<span class='pagenum'><a name="Page_131" id="Page_131">{131}</a></span>bazar +by Noor Sing Baboo, the brother of Cantoo +Baboo, and there the matter was compromised,—in +what manner I cannot say."</p> + +<p>Your Lordships see, Mr. Hastings's banian got +this zemindary belonging to this venerable lady; unable +to protect herself; that it was granted to him +without right, title, or purchase. To show you that +Mr. Hastings had been in a constant course of such +proceeding, here is a petition from a person called +—— for some favor from government which it is +not necessary now to state. In order to make good +his claim, he states what nobody denied, but which +is universally known in fact. Says he, "I have +never entertained any such intention or idea," that +is, of seizing upon other people's zemindaries; "neither +am I at all desirous of acquiring any other +person's zemindary in this country," &c....</p> + +<div class="blockquote"><p>[<i>The document read here is wanting, ending</i>] "as +several Calcutta banians have done," &c.</p></div> + +<p>He states it as a kind of constant practice, by +which the country had been robbed under Mr. Hastings, +known and acknowledged to be so, to seize upon +the inheritance of the widow and the fatherless. In +this manner did Gunga Govind Sing govern himself, +upon the direct precedent of Cantoo Baboo, the banian +of Mr. Hastings; and this other instrument of +his in like manner calls upon government for favor +of some kind or other, upon the same principle and +the same precedent.</p> + +<p>Your Lordships now see how necessary it was to +say something about arbitrary power. For, first, the +wicked people of that country (Mr. Hastings's instru<span class='pagenum'><a name="Page_132" id="Page_132">{132}</a></span>ments, +I mean) pretend right, title, purchase, grant; +and when their frauds in all these legal means are +discovered, then they fly off, and have recourse to +arbitrary power, and say, "It is true I can make out +no right, title, grant, or purchase; the parties are +minors; I am bound to take care of their right: but +you have arbitrary power; you have exercised it upon +other occasions; exercise it upon this; give me the +rights of other people." This was the last act, and I +hope will be the last act, of Mr. Hastings's wicked +power, done by the wickedest man in favor of the +wickedest man, and by the wickedest means, which +failed upon his own testimony.</p> + +<p>To bring your Lordships to the end of this business, +which I hope will lead me very near to the end of +what I have to trouble your Lordships with, I will +now state the conduct of the Council, and the resolution +about Gunga Govind Sing. I am to inform your +Lordships that there was a reference made by the +Council to the Committee of Revenue, namely, to +Gunga Govind Sing himself,—a reference with regard +to the right, title, mode, and proceeding, and +many other circumstances; upon which the Committee, +being such as I have described, very naturally +were silent. Gunga Govind Sing <i>loquitur solus</i>,—in +the manner you have just heard; the Committee +were the chorus,—they sometimes talk, fill up a vacant +part,—but Gunga Govind Sing was the great +actor, the sole one. The report of this Committee +being laid before the Council, Mr. Stables, one of the +board, entered the following minute on the 15th of +May, 1785.</p> + +<p>"I have perused the several papers upon this subject, +and am sorry to observe that the Committee of<span class='pagenum'><a name="Page_133" id="Page_133">{133}</a></span> +Revenue are totally silent on the most material points +therein, and sending the petition to them has only +been so much time thrown away: I mean, on the +actual value of the lands in question, what the +amount derived from them has been in the last year, +and what advantages or disadvantages to government +by the sale, and whether, in their opinion, the supposed +sale was compulsive or not. But it is not necessary +for the discussion of the question respecting +the regularity or irregularity of the pretended sale +of Salbarry to Gunga Govind Sing, the dewan, to +enter into the particular assertions of each party.</p> + +<p>"The representations of the Rajah's agent, confirmed +by the petitions of his principal, positively +assert the sale to have been compulsive and violent; +and the dewan as positively denies it, though the fears +he expresses, 'that their common enemies would set +aside the act before it was complete,' show clearly +that they were sensible the act was unjustifiable, if +they do not tend to falsify his denial.</p> + +<p>"But it is clearly established and admitted by the +language and writings of both parties, that there has +been a most unwarrantable collusion in endeavoring +to alienate the rights of government, contrary to the +most positive original laws of the constitution of +these provinces, 'that no zemindar and other landholder, +paying revenue to government, shall be permitted +to alienate his lands without the express +authority of that government.'</p> + +<p>"The defence set up by Gunga Govind Sing does +not go to disavow the transaction; for, if it did, the +deed of sale, &c., produced by himself, and the petition +to the board for its confirmation, would detect +him: on the contrary, he openly admits its existence,<span class='pagenum'><a name="Page_134" id="Page_134">{134}</a></span> +and only strives to show that it was a voluntary one +on the part of the Ranny and the servants of the +Rajah. Whether voluntary or not, it was equally +criminal in Gunga Govind Sing, as the public officer +of government: because diametrically opposite to the +positive and repeated standing orders of that government +for the rule of his conduct, as dewan, and native +guardian of the public rights intrusted especially +to his care; because it was his duty, not only not +to be guilty of a breach of those rules himself, but, +as dewan, and exercising the efficient office of <i>kanungo</i>, +to prevent, detect, expose, and apprise his employers +of every instance attempted to the contrary; +because it was his duty to prevent the government +being defrauded, and the Rajah, a child of nine years +old, robbed of his hereditary possessions, as he would +have been, if this transaction had not been detected: +whereas, on the contrary, the dewan is himself the +principal mover and sole instrument in that fraud and +robbery, if I am rightly informed, to the amount +of 42,474 rupees<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor" title="Vakeel states Mofussil Jumma, of Salbarry, for 1,191 +">[1]</a> in perpetuity, by which he alone +was to benefit; and because he has even dared to +stand forward in an attempt to obtain our sanction, +and thereby make us parties to (in my opinion) a +false deed and fraudulent transaction, as his own +defence now shows the bill of sale and all its collateral +papers to be.</p> + +<p>"If offences of this dark tendency and magnitude +were not to be punished in a public manner, the high<span class='pagenum'><a name="Page_135" id="Page_135">{135}</a></span> +example here set the natives employed under the government +by their first native officer would very soon +render our authority contemptible, and operate to +the destruction of the public revenues. I will not +dwell further on the contradictions in these papers +before us on this subject.</p> + +<p>"But I beg leave to point out how tenacious the +government have been of insuring implicit obedience +to their rules on this subject in particular, and in +prohibiting conduct like that here exhibited against +their public officer, and how sacredly they have +viewed the public institutes on this subject, which +have been violated and trampled on; and it will suffice +to show their public orders on a similar instance +which happened some time ago, and which the dewan, +from his official situation, must have been a party in +detecting.</p> + +<p>"I desire the board's letter to the Committee on +this subject, dated the 31st May, 1782, may be read, +and a copy be annexed to this minute.</p> + +<p>"I therefore move the board that Gunga Govind +Sing may be forthwith required to surrender the +original deeds produced by him as a title to the grant +of Salbarry, in order that they may be returned to +the Rajah's agents, to be made null and void.</p> + +<p>"I further move the board, that the dewan, Gunga +Govind Sing, together with his naib, Prawn Kishin +Sing, his son, and all his dependants, be removed +from their offices, and that the Roy Royan, Rajah +Rajebullub, whose duty only Gunga Govind Sing virtually +is to perform, be reinstated in the exercise of +the duties of his department; and that Gunga Govind +Sing be ordered to deliver up all official papers of +the circar to the Committee of Revenue and the Roy<span class='pagenum'><a name="Page_136" id="Page_136">{136}</a></span> +Royan, and that they be ordered accordingly to take +charge of them, and finally settle all accounts."</p> + +<p>This motion was overruled, and no final proceeding +appears.</p> + +<p>My Lords, you have heard the proceedings of the +court before which Gunga Govind Sing thought proper +to appeal, in consequence of the power and protection +of Mr. Hastings being understood to exist after he +left India, and authenticated by his last parting deed. +Your Lordships will judge by that last act of Mr. +Hastings what the rest of his whole life was.</p> + +<p>My Lords, I do not mean now to go further than +just to remind your Lordships of this, that Mr. Hastings's +government was one whole system of oppression, +of robbery of individuals, of destruction of the +public, and of suppression of the whole system of the +English government, in order to vest in the worst of +the natives all the powers that could possibly exist in +any government,—in order to defeat the ends which +all governments ought in common to have in view. +Thus, my Lords, I show you at one point of view +what you are to expect from him in all the rest. I +have, I think, made out as clear as can be to your +Lordships, so far as it was necessary to go, that his +bribery and peculation was not occasional, but habitual,—that +it was not urged upon him at the moment, +but was regular and systematic. I have shown +to your Lordships the operation of such a system on +the revenues.</p> + +<p>My Lords, Mr. Hastings pleads one constant merit +to justify those acts,—namely, that they produce an +increase of the public revenue; and accordingly he +never sells to any of those wicked agents any trusts +whatever in the country, that you do not hear that it<span class='pagenum'><a name="Page_137" id="Page_137">{137}</a></span> +will considerably tend to the increase of the revenue. +Your Lordships will see, when he sold to wicked men +the province of Bahar in the same way in which Debi +Sing had this province of Dinagepore, that consequences +of a horrid and atrocious nature, though not to +so great an extent, followed from it. I will just beg +leave to state to your Lordships, that the kingdom +of Bahar is annexed to the kingdom of Bengal; that +this kingdom was governed by another Provincial +Council; that he turned out that Provincial Council, +and sold that government to two wicked men: one of +no fortune at all, and the other of a very suspicious +fortune; one a total bankrupt, the other justly excommunicated +for his wickedness in his country, and then +in prison for misdemeanors in a subordinate situation +of government. Mr. Hastings destroyed the Council +that imprisoned him; and, instead of putting one of +the best and most reputable of the natives to govern +it, he takes out of prison this excommunicated +wretch, hated by God and man,—this bankrupt, this +man of evil and desperate character, this mismanager +of the public revenue in an inferior station; and, as +he had given Bengal to Gunga Govind Sing, he gave +this province to Rajahs Kelleram and Cullian Sing. +It was done upon this principle, that they would increase +and very much better the revenue. These men +seemed to be as strange instruments for improving +a revenue as ever were chosen, I suppose, since the +world began. Perhaps their merit was giving a bribe +of 40,000<i>l.</i> to Mr. Hastings. How he disposed of it +I don't know. He says, "I disposed of it to the public, +and it was in a case of emergency." You will +see in the course of this business the falsehood of that +pretence; for you will see, though the obligation is<span class='pagenum'><a name="Page_138" id="Page_138">{138}</a></span> +given for it as a round sum of money, that the payment +was not accomplished till a year after; that +therefore it could not answer any immediate exigence +of the Company. Did it answer in an increase of the +revenue? The very reverse. Those persons who +had given this bribe of 40,000<i>l.</i> at the end of that +year were found 80,000<i>l.</i> in debt to the Company. +The Company always loses, when Mr. Hastings takes +a bribe; and when he proposes an increase of the revenue, +the Company loses often double. But I hope +and trust your Lordships will consider this idea of a +monstrous rise of rent, given by men of desperate fortunes +and characters, to be one of the grievances instead +of one of the advantages of this system.</p> + +<p>It has been necessary to lay these facts before you, +(and I have stated them to your Lordships far short +of their reality, partly through my infirmity, and +partly on account of the odiousness of the task of +going through things that disgrace human nature,) +that you may be enabled fully to enter into the dreadful +consequences which attend a system of bribery +and corruption in a Governor-General. On a transient +view, bribery is rather a subject of disgust than +horror,—the sordid practice of a venal, mean, and +abject mind; and the effect of the crime seems to end +with the act. It looks to be no more than the corrupt +transfer of property from one person to another,—at +worst a theft. But it will appear in a very different +light, when you regard the consideration for +which the bribe is given,—namely, that a Governor-General, +claiming an arbitrary power in himself, for +that consideration delivers up the properties, the liberties, +and the lives of an whole people to the arbitrary +discretion of any wicked and rapacious person,<span class='pagenum'><a name="Page_139" id="Page_139">{139}</a></span> +who will be sure to make good from their blood the +purchase he has paid for his power over them. It is +possible that a man may pay a bribe merely to redeem +himself from some evil. It is bad, however, to +live under a power whose violence has no restraint +except in its avarice. But no man ever paid a bribe +for a power to charge and tax others, but with a view +to oppress them. No man ever paid a bribe for the +handling of the public money, but to peculate from +it. When once such offices become thus privately +and corruptly venal, the very worst men will be chosen +(as Mr. Hastings has in fact constantly chosen +the very worst); because none but those who do not +scruple the use of any means are capable, consistently +with profit, to discharge at once the rigid demands +of a severe public revenue and the private bribes of a +rapacious chief magistrate. Not only the worst men +will be thus chosen, but they will be restrained by no +dread whatsoever in the execution of their worst oppressions. +Their protection is sure. The authority +that is to restrain, to control, to punish them is previously +engaged; he has his retaining fee for the support +of their crimes. Mr. Hastings never dared, +because he could not, arrest oppression in its course, +without drying up the source of his own corrupt +emolument. Mr. Hastings never dared, after the +fact, to punish extortion in others, because he could +not, without risking the discovery of bribery in himself. +The same corruption, the same oppression, and +the same impunity will reign through all the subordinate +gradations.</p> + +<p>A fair revenue may be collected without the aid of +wicked, violent, and unjust instruments. But when +once the line of just and legal demand is trans<span class='pagenum'><a name="Page_140" id="Page_140">{140}</a></span>gressed, +such instruments are of absolute necessity; +and they comport themselves accordingly. When we +know that men must be well paid (and they ought to +be well paid) for the performance of honorable duty, +can we think that men will be found to commit wicked, +rapacious, and oppressive acts with fidelity and +disinterestedness for the sole emolument of dishonest +employers? No: they must have their full share of +the prey, and the greater share, as they are the nearer +and more necessary instruments of the general extortion. +We must not, therefore, flatter ourselves, +when Mr. Hastings takes 40,000<i>l.</i> in bribes for Dinagepore +and its annexed provinces, that from the +people nothing more than 40,000<i>l.</i> is extorted. I +speak within compass, four times forty must be levied +on the people; and these violent sales, fraudulent +purchases, confiscations, inhuman and unutterable +tortures, imprisonment, irons, whips, fines, general +despair, general insurrection, the massacre of the +officers of revenue by the people, the massacre of the +people by the soldiery, and the total waste and destruction +of the finest provinces in India, are things +of course,—and all a necessary consequence involved +in the very substance of Mr. Hastings's bribery.</p> + +<p>I therefore charge Mr. Hastings with having destroyed, +for private purposes, the whole system of +government by the six Provincial Councils, which +he had no right to destroy.</p> + +<p>I charge him with having delegated to others that +power which the act of Parliament had directed him +to preserve unalienably in himself.</p> + +<p>I charge him with having formed a committee to +be mere instruments and tools, at the enormous expense +of 62,000<i>l.</i> per annum.<span class='pagenum'><a name="Page_141" id="Page_141">{141}</a></span></p> + +<p>I charge him with having appointed a person their +dewan to whom these Englishmen were to be subservient +tools,—whose name, to his own knowledge, +was, by the general voice of India, by the general +recorded voice of the Company, by recorded official +transactions, by everything that can make a man +known, abhorred, and detested, stamped with infamy; +and with giving him the whole power which he +had thus separated from the Council-General, and +from the Provincial Councils.</p> + +<p>I charge him with taking bribes of Gunga Govind +Sing.</p> + +<p>I charge him with not having done that bribe-service +which fidelity even in iniquity requires at the +hands of the worst of men.</p> + +<p>I charge him with having robbed those people of +whom he took the bribes.</p> + +<p>I charge him with having fraudulently alienated +the fortunes of widows.</p> + +<p>I charge him with having, without right, title, or +purchase, taken the lands of orphans, and given them +to wicked persons under him.</p> + +<p>I charge him with having removed the natural +guardians of a minor Rajah, and with having given +that trust to a stranger, Debi Sing, whose wickedness +was known to himself and all the world, and by +whom the Rajah, his family, and dependants were +cruelly oppressed.</p> + +<p>I charge him with having committed to the management +of Debi Sing three great provinces; and +thereby with having wasted the country, ruined the +landed interest, cruelly harassed the peasants, burnt +their houses, seized their crops, tortured and degraded +their persons, and destroyed the honor of the +whole female race of that country.<span class='pagenum'><a name="Page_142" id="Page_142">{142}</a></span></p> + +<p>In the name of the Commons of England, I charge +all this villany upon Warren Hastings, in this last +moment of my application to you.</p> + +<p>My Lords, what is it that we want here to a great +act of national justice? Do we want a cause, my +Lords? You have the cause of oppressed princes, +of undone women of the first rank, of desolated provinces, +and of wasted kingdoms.</p> + +<p>Do you want a criminal, my Lords? When was +there so much iniquity ever laid to the charge of any +one? No, my Lords, you must not look to punish +any other such delinquent from India. Warren +Hastings has not left substance enough in India to +nourish such another delinquent.</p> + +<p>My Lords, is it a prosecutor you want? You have +before you the Commons of Great Britain as prosecutors; +and I believe, my Lords, that the sun, in his +beneficent progress round the world, does not behold +a more glorious sight than that of men, separated +from a remote people by the material bounds and +barriers of Nature, united by the bond of a social +and moral community,—all the Commons of England +resenting, as their own, the indignities and +cruelties that are offered to all the people of India.</p> + +<p>Do we want a tribunal? My Lords, no example +of antiquity, nothing in the modern world, nothing +in the range of human imagination, can supply us +with a tribunal like this. My Lords, here we see +virtually, in the mind's eye, that sacred majesty of +the crown, under whose authority you sit, and whose +power you exercise. We see in that invisible authority, +what we all feel in reality and life, the beneficent +powers and protecting justice of his Majesty. We +have here the heir-apparent to the crown, such as<span class='pagenum'><a name="Page_143" id="Page_143">{143}</a></span> +the fond wishes of the people of England wish an +heir-apparent of the crown to be. We have here all +the branches of the royal family, in a situation between +majesty and subjection, between the sovereign +and the subject,—offering a pledge in that situation +for the support of the rights of the crown and the liberties +of the people, both which extremities they +touch. My Lords, we have a great hereditary peerage +here,—those who have their own honor, the +honor of their ancestors and of their posterity to +guard, and who will justify, as they have always +justified, that provision in the Constitution by which +justice is made an hereditary office. My Lords, we +have here a new nobility, who have risen and exalted +themselves by various merits,—by great military services +which have extended the fame of this country +from the rising to the setting sun. We have those +who, by various civil merits and various civil talents, +have been exalted to a situation which they well deserve, +and in which they will justify the favor of their +sovereign, and the good opinion of their fellow-subjects, +and make them rejoice to see those virtuous +characters that were the other day upon a level +with them now exalted above them in rank, but +feeling with them in sympathy what they felt in common +with them before. We have persons exalted +from the practice of the law, from the place in which +they administered high, though subordinate, justice, +to a seat here, to enlighten with their knowledge and +to strengthen with their votes those principles which +have distinguished the courts in which they have +presided.</p> + +<p>My Lords, you have here also the lights of our religion, +you have the bishops of England. My Lords,<span class='pagenum'><a name="Page_144" id="Page_144">{144}</a></span> +you have that true image of the primitive Church, in +its ancient form, in its ancient ordinances, purified +from the superstitions and the vices which a long succession +of ages will bring upon the best institutions. +You have the representatives of that religion which +says that their God is love, that the very vital spirit +of their institution is charity,—a religion which so +much hates oppression, that, when the God whom we +adore appeared in human form, He did not appear in +a form of greatness and majesty, but in sympathy with +the lowest of the people, and thereby made it a firm +and ruling principle that their welfare was the object +of all government, since the Person who was the Master +of Nature chose to appear Himself in a subordinate +situation. These are the considerations which influence +them, which animate them, and will animate +them, against all oppression,—knowing that He who +is called first among them, and first among us all, +both of the flock that is fed and of those who feed it, +made Himself "the servant of all."</p> + +<p>My Lords, these are the securities which we have +in all the constituent parts of the body of this House. +We know them, we reckon, we rest upon them, and +commit safely the interests of India and of humanity +into your hands. Therefore it is with confidence, +that, ordered by the Commons,</p> + +<p>I impeach Warren Hastings, Esquire, of high +crimes and misdemeanors.</p> + +<p>I impeach him in the name of the Commons of +Great Britain in Parliament assembled, whose Parliamentary +trust he has betrayed.</p> + +<p>I impeach him in the name of all the Commons of +Great Britain, whose national character he has dishonored.<span class='pagenum'><a name="Page_145" id="Page_145">{145}</a></span></p> + +<p>I impeach him in the name of the people of India, +whose laws, rights, and liberties he has subverted, +whose properties he has destroyed, whose country he +has laid waste and desolate.</p> + +<p>I impeach him in the name and by virtue of those +eternal laws of justice which he has violated.</p> + +<p>I impeach him in the name of human nature itself, +which he has cruelly outraged, injured, and oppressed, +in both sexes, in every age, rank, situation, and condition +of life.<span class='pagenum'><a name="Page_146" id="Page_146">{146}</a></span></p> + + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Vakeel states Mofussil Jumma, of Salbarry, for 1,191 +</p> + + + +<div class='ctr'> +<table border="0" cellpadding="4" cellspacing="0" summary=""> +<tr><td align='center'>S* R*</td><td align='left'>96,229</td></tr> +<tr><td align='left'>Purchase money</td><td align='left'>53,755</td></tr> +<tr><td align='left'>Per annum, loss</td><td align='left' class="bt">42,474</td></tr> +</table></div> +</div> +</div> + +<p><span class='pagenum'><a name="Page_147" id="Page_147">{147}</a></span></p> +<hr style="width: 65%;" /> +<p><a name="SPEECH_ON_THE_SIXTH_ARTICLE_OF_CHARGE" id="SPEECH_ON_THE_SIXTH_ARTICLE_OF_CHARGE"></a></p> +<h2>SPEECHES<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +THE IMPEACHMENT<br /> +<br /> +<span style="font-size: 50%;">OF</span><br /> +<br /> +WARREN HASTINGS, ESQUIRE,<br /> +<br /> +<span style="font-size: 50%;">LATE GOVERNOR-GENERAL OF BENGAL.</span></h2> + +<hr style="width: 45%;" /> + + +<h2>SPEECH ON THE SIXTH ARTICLE OF CHARGE.<br /> +<br /> +<span style="font-size: 50%;">April and May, 1789.</span></h2> + +<p><span class='pagenum'><a name="Page_148" id="Page_148">{148}</a></span></p> + + + +<hr style="width: 65%;" /> +<h2>NOTE.</h2> + + +<div class="blockquote"><p>After Mr. Burke had concluded the opening speeches, the +first article of the impeachment was brought forward, on the 22d +of February, 1788, by Mr. Fox, and supported by Mr. Grey on +the 25th. After the evidence upon this article had been adduced, +it was summed up and enforced by Mr. Anstruther, on the 11th +day of April following.</p> + +<p>The next article with which the Commons proceeded was +brought forward on the 15th of April, 1788, by Mr. Adam, and +supported by Mr. Pelham; and the evidence, in part upon the +second article of charge, was summed up and enforced, on the 3d +of June, by Mr. Sheridan.</p> + +<p>On the 21st of April, 1789, Mr. Burke opened the sixth charge, +bribery and corruption, in the following speech, which was continued +on the 25th of April, and on the 6th and 7th May, in +the same session.</p></div><p><span class='pagenum'><a name="Page_149" id="Page_149">{149}</a></span></p> + + + +<hr style="width: 65%;" /> +<p><a name="FIRST_DAY_TUESDAY_APRIL_21_1789" id="FIRST_DAY_TUESDAY_APRIL_21_1789"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">ON</span><br /> +<br /> +THE SIXTH ARTICLE OF CHARGE.<br /> +<br /> +<span style="font-size: 50%;">FIRST DAY: TUESDAY, APRIL 21, 1789.</span></h2> + + +<p>My Lords,—An event which had spread for a +considerable time an universal grief and consternation +through this kingdom, and which in its issue +diffused as universal and transcendent a joy, has +in the circumstances both of our depression and of our +exaltation produced a considerable delay, if not a total +suspension, of the most important functions of +government.</p> + +<p>My Lords, we now resume our office,—and we +resume it with new and redoubled alacrity, and, we +trust, under not less propitious omens than when we +left it, in this House, at the end of the preceding session. +We come to this duty with a greater degree +of earnestness and zeal, because we are urged to it by +many and very peculiar circumstances. This day we +come from an House where the last steps were taken +(and I suppose something has happened similar in +this) to prepare our way to attend with the utmost +solemnity, in another place, a great national thanksgiving +for having restored the sovereign to his Parliament +and the Parliament to its sovereign.</p> + +<p>But, my Lords, it is not only in the house of prayer +that we offer to the First Cause the acceptable homage +of our rational nature,—my Lords, in this House, at<span class='pagenum'><a name="Page_150" id="Page_150">{150}</a></span> +this bar, in this place, in every place where His commands +are obeyed, His worship is performed. And, +my Lords, I must boldly say, (and I think I shall +hardly be contradicted by your Lordships, or by any +persons versed in the law which guides us all,) that +the highest act of religion, and the highest homage +which we can and ought to pay, is an imitation of +the Divine perfections, as far as such a nature can +imitate such perfections, and that by this means alone +we can make our homage acceptable to Him.</p> + +<p>My Lords, in His temple we shall not forget that +His most distinguished attribute is justice, and that +the first link in the chain by which we are held to the +Supreme Judge of All is justice; and that it is in this +solemn temple of representative justice we may best +give Him praise, because we can here best imitate His +divine attributes. If ever there was a cause in which +justice and mercy are not only combined and reconciled, +but incorporated, it is in this cause of suffering +nations, which we now bring before your Lordships +this second session of Parliament, unwearied and unfatigued +in our persevering pursuit; and we feel it +to be a necessary preliminary, a necessary fact, a necessary +attendant and concomitant of every public +thanksgiving, that we should express our gratitude +by our virtues, and not merely with our mouths, and +that, when we are giving thanks for acts of mercy, +we should render ourselves worthy of them by doing +acts of mercy ourselves. My Lords, these considerations, +independent of those which were our first movers +in this business, strongly urge us at present to +pursue with all zeal and perseverance the great cause +we have now in hand. And we feel this to be the +more necessary, because we cannot but be sensible that<span class='pagenum'><a name="Page_151" id="Page_151">{151}</a></span> +light, unstable, variable, capricious, inconstant, fastidious +minds soon tire in any pursuit that requires +strength, steadiness, and perseverance. Such persons, +who we trust are but few, and who certainly do not +resemble your Lordships nor us, begin already to say, +How long is this business to continue? Our answer +is, It is to continue till its ends are obtained.</p> + +<p>We know, that, by a mysterious dispensation of +Providence, injury is quick and rapid, and justice +slow; and we may say that those who have not patience +and vigor of mind to attend the tardy pace of +justice counteract the order of Providence, and are +resolved not to be just at all. We, therefore, instead +of bending the order of Nature to the laxity of our +characters and tempers, must rather confirm ourselves +by a manly fortitude and virtuous perseverance to +continue within those forms, and to wrestle with injustice, +until we have shown that those virtues which +sometimes wickedness debauches into its cause, such +as vigor, energy, activity, fortitude of spirit, are called +back and brought to their true and natural service,—and +that in the pursuit of wickedness, in the following +it through all the winding recesses and mazes of +its artifices, we shall show as much vigor, as much +constancy, as much diligence, energy, and perseverance, +as any others can do in endeavoring to elude the +laws and triumph over the justice of their country. +My Lords, we have thought it the more necessary to +say this, because it has been given out that we might +faint in this business. No: we follow, and trust we +shall always follow, that great emblem of antiquity, in +which the person who held out to the end of a long +line of labors found the reward of all the eleven in the +twelfth. Our labor, therefore, will be our reward;<span class='pagenum'><a name="Page_152" id="Page_152">{152}</a></span> +and we will go on, we will pursue with vigor and +diligence, in a manner suitable to the Commons of +Great Britain, every mode of corruption, till we have +thoroughly eradicated it.</p> + +<p>I think it necessary to say a word, too, upon another +circumstance, of which there is some complaint, +as if some injustice had arisen from voluntary delay +on our part.</p> + +<p>I have already alluded to, first, the melancholy, +then the joyful occasion of this delay; and I shall +now make one remark on another part of the complaint, +which I understand was formally made to +your Lordships soon after we had announced our +resolution to proceed in this great cause of suffering +nations before you. It has been alleged, that the +length of the pursuit had already very much distressed +the person who is the object of it,—that it leaned +upon a fortune unequal to support it,—and that +30,000<i>l.</i> had been already spent in the preliminary +preparations for the defence.</p> + +<p>My Lords, I do admit that all true, genuine, and +unadulterated justice considers with a certain degree +of tenderness the person whom it is called to punish, +and never oppresses those by the process who ought +not to be oppressed but by the sentence of the court +before which they are brought. The Commons have +heard, indeed, with some degree of astonishment, that +30,000<i>l.</i> hath been laid out by Mr. Hastings in this +business. We, who have some experience in the +conduct of affairs of this nature, we, who profess to +proceed with regard not to the economy so much as +to the rigor of this prosecution, (and we are justified +by our country in so doing,) upon a collation and +comparison of the public expenses with those which<span class='pagenum'><a name="Page_153" id="Page_153">{153}</a></span> +the defendant is supposed to have incurred, are much +surprised to hear it. We suppose that his solicitors +can give a good account to him of those expenses,—that +the thing is true,—and that he has actually, +through them, incurred this expense. We have nothing +to do with this: but we shall remove any degree +of uneasiness from your Lordships' minds, and from +our own, when we show you in the charge which we +shall bring before you this day, that one bribe only +received by Mr. Hastings, the smallest of his bribes, +or nearly the smallest, the bribe received from Rajah +Nobkissin, is alone more than equal to have paid all +the charges Mr. Hastings is stated to have incurred; +and if this be the case, your Lordships will not be +made very uneasy in a case of bribery by finding that +you press upon the sources of peculation.</p> + +<p>It has also been said that we weary out the public +patience in this cause. The House of Commons do +not call upon your Lordships to do anything of which +they do not set the example. They have very lately +sat in the Colchester Committee as many, within one +or two, days successively as have been spent in this +trial interruptedly in the course of two years. Every +cause deserves that it should be tried according to +its nature and circumstances; and in the case of the +Colchester Committee, in the trial of paltry briberies +of odd pounds, shillings, and pence, in the corruption +of a returning officer, who is but a miller, they spent +nearly the same number of days that we have been +inquiring into the ruin of kingdoms by the peculation +and bribery of the chief governor of the provinces of +Bengal, Bahar, and Orissa. Therefore God forbid +that we should faint at thrice thirty days, if the proceedings +should be drawn into such a length, when<span class='pagenum'><a name="Page_154" id="Page_154">{154}</a></span> +for a small crime as much time has been spent as has +yet been spent in this great cause!</p> + +<p>Having now cleared the way with regard to the +local and temporary circumstances of this case,—having +shown your Lordships that too much time has +not been spent in it,—having no reason to think, +from the time which has hitherto been spent, that +time will be unnecessarily spent in future,—I trust +your Lordships will think that time ought neither to +be spared nor squandered in this business: we will +therefore proceed, article by article, as far as the discretion +of the House of Commons shall think fit, for +the justice of the case, to limit the inquiry, or to +extend it.</p> + +<p>We are now going to bring before your Lordships +the sixth article. It is an article of charge of bribery +and corruption against Mr. Hastings; but yet +we must confess that we feel some little difficulty <i>in +limine</i>. We here appear in the name and character +not only of representatives of the Commons of Great +Britain, but representatives of the inhabitants of Bengal: +and yet we have had lately come into our hands +such ample certificates, such full testimonials, from +every person in whose cause we complain, that we +shall appear to be in the strangest situation in the +world,—the situation of persons complaining, who +are disavowed by the persons in whose name and +character they complain. This would have been a +very great difficulty in the beginning, especially as it +is come before us in a flood-tide of panegyric. No +encomium can be more exalted or more beautifully +expressed. No language can more strongly paint +the perfect satisfaction, the entire acquiescence, of +all the nations of Bengal, and their wonderful ad<span class='pagenum'><a name="Page_155" id="Page_155">{155}</a></span>miration +of the character of the person whom we +have brought as a criminal to your bar upon their +part. I do admit that it is a very awkward circumstance; +but yet, at the same time, the same candor +which has induced the House of Commons to bring +before you the bosom friends and confidants of Mr. +Hastings as their evidence will not suffer them to +suppress or withhold for a moment from your Lordships +this universal voice of Bengal, as an attestation +in Mr. Hastings's favor, and we shall produce it as a +part of our evidence. Oh, my Lords, consider the +situation of a people who are forced to mix their +praises with their groans, who are forced to sign, +with hands which have been in torture, and with +the thumb-screws but just taken from them, an attestation +in favor of the person from whom all their +sufferings have been derived! When we prove to +you the things that we shall prove, this will, I hope, +give your Lordships a full, conclusive, and satisfactory +proof of the misery to which these people have +been reduced. You will see before you, what is so +well expressed by one of our poets as the homage +of tyrants, "that homage with the mouth which the +heart would fain deny, but dares not." Mr. Hastings +has received that homage, and that homage we +mean to present to your Lordships: we mean to present +it, because it will show your Lordships clearly, +that, after Mr. Hastings has ransacked Bengal from +one end to the other, and has used all the power which +he derives from having every friend and every dependant +of his in every office from one end of that government +to the other, he has not, in all those panegyrics, +those fine high-flown Eastern encomiums, got one +word of refutation or one word of evidence against<span class='pagenum'><a name="Page_156" id="Page_156">{156}</a></span> +any charge whatever which we produce against him. +Every one knows, that, in the course of criminal +trials, when no evidence of <i>alibi</i> can be brought, +when all the arts of the Old Bailey are exhausted, +the last thing produced is evidence to character. +His cause, therefore, is gone, when, having ransacked +Bengal, he has nothing to say for his conduct, and at +length appeals to his character. In those little papers +which are given us of our proceedings in our +criminal courts, it is always an omen of what is to +follow: after the evidence of a murder, a forgery, or +robbery, it ends in his character: "He has an admirable +character; I have known him from a boy; he +is wonderfully good; he is the best of men; I would +trust him with untold gold": and immediately follows, +"Guilty,—Death." This is the way in which, +in our courts, character is generally followed by sentence. +The practice is not modern. Undoubtedly +Mr. Hastings has the example of criminals of high +antiquity; for Caius Verres, Antonius, and every +other man who has been famous for the pillage and +destruction of provinces, never failed to bring before +their judges the attestations of the injured to their +character. Voltaire says, "<i>Les bons mots sont toujours +redits</i>." A similar occasion has here produced +a similar conduct. He has got just the same character +as Caius Verres got in another cause; and the +<i>laudationes</i>, which your Lordships know always followed, +to save trouble, we mean ourselves to give +your Lordships; we mean to give them with this +strong presumption of guilt, that in all this panegyric +there is not one word of defence to a single +article of charge; they are mere lip-honors: but we +think we derive from those panegyrics, which Mr.<span class='pagenum'><a name="Page_157" id="Page_157">{157}</a></span> +Hastings has had sent over as evidence to supply +the total want of it, an indication of the impossibility +of attaining it. Mr. Hastings has brought them +here, and I must say we are under some difficulty +about them, and the difficulty is this. We think we +can produce before your Lordships proofs of barbarity +and peculation by Mr. Hastings; we have the proofs +of them in specific provinces, where those proofs may +be met by contrary proofs, or may lose their weight +from a variety of circumstances. We thought we +had got the matter sure, that everything was settled, +that he could not escape us, after he had himself confessed +the bribes he had taken from the specific provinces. +But in what condition are we now? We +have from those specific provinces the strongest attestations +that there is not any credit to be paid to +his own acknowledgments. In short, we have the +complaints, concerning these crimes of Mr. Hastings, +of the injured persons themselves; we have his own +confessions; we shall produce both to your Lordships. +But these persons now declare, that not only their own +complaints are totally unfounded, but that Mr. Hastings's +confessions are not true, and not to be credited. +These are circumstances which your Lordships will +consider in the view you take of this wonderful body +of attestation.</p> + +<p>It is a pleasant thing to see in these addresses the +different character and modes of eloquence of different +countries. In those that will be brought before your +Lordships you will see the beauty of chaste European +panegyric improved by degrees into high, Oriental, +exaggerated, and inflated metaphor. You will see +how the language is first written in English, then +translated into Persian, and then retranslated into<span class='pagenum'><a name="Page_158" id="Page_158">{158}</a></span> +English. There may be something amusing to your +Lordships in this, and the beauty of these styles may, +in this heavy investigation, tend to give a little gayety +and pleasure. We shall bring before you the European +and Asiatic incense. You will have the perfume-shops +of the two countries.</p> + +<p>One of the accusations which we mean to bring +against Mr. Hastings is upon the part of the Zemindar +Radanaut, of the country of Dinagepore. Now +hear what the Zemindar says himself. "As it has +been learned by me, the mutsuddies, and the respectable +officers of my zemindary, that the ministers +of England are displeased with the late Governor, +Warren Hastings, Esquire, upon the suspicion that +he oppressed us, took money from us by deceit and +force, and ruined the country, therefore we, upon the +strength of our religion, which we think it incumbent +on and necessary for us to abide by, following the +rules laid down in giving evidence, declare the particulars +of the acts and deeds of Warren Hastings, +Esquire, full of circumspection and caution, civility +and justice, superior to the conduct of the most +learned, and, by representing what is fact, wipe away +the doubts that have possessed the minds of the ministers +of England; that Mr. Hastings is possessed of +fidelity and confidence, and yielding protection to us; +that he is clear of the contamination of mistrust and +wrong, and his mind is free of covetousness or avarice. +During the time of his administration no one +saw other conduct than that of protection to the husbandman, +and justice. No inhabitant ever experienced +afflictions, no one ever felt oppression from him; +our reputations have always been guarded from attacks +by his prudence, and our families have always<span class='pagenum'><a name="Page_159" id="Page_159">{159}</a></span> +been protected by his justice. He never omitted the +smallest instance of kindness towards us, but healed +the wounds of despair with the salve of consolation +by means of his benevolent and kind behavior, never +permitting one of us to sink in the pit of despondence. +He supported every one by his goodness, overset the +designs of evil-minded men by his authority, tied the +hand of oppression with the strong bandage of justice, +and by these means expanded the pleasing appearance +of happiness and joy over us. He reëstablished +justice and impartiality. We were during his government +in the enjoyment of perfect happiness and +ease, and many of us are thankful and satisfied. As +Mr. Hastings was well acquainted with our manners +and customs, he was always desirous, in every respect, +of doing whatever would preserve our religious rites, +and guard them against every kind of accident and injury, +and at all times protected us. Whatever we have +experienced from him, and whatever happened from +him, we have written without deceit or exaggeration."</p> + +<p>My Lords, here is a panegyric; and, directly contrary +to the usual mode of other accusers, we begin +by producing the panegyrics made upon the person +whom we accuse. We shall produce along with the +charge, and give as evidence, the panegyric and certificate +of the persons whom we suppose to have suffered +these wrongs. We suffer ourselves even to +abandon, what might be our last resource, his own +confession, by showing that one of the princes from +whom he confesses that he took bribes has given a +certificate of the direct contrary.</p> + +<p>All these things will have their weight upon your +Lordships' minds; and when we have put ourselves +under this disadvantage, (what disadvantage it is your<span class='pagenum'><a name="Page_160" id="Page_160">{160}</a></span> +Lordships will judge,) at least we shall stand acquitted +of unfairness in charging him with crimes directly +contrary to the panegyrics in this paper contained. +Indeed, I will say this for him, that general charge +and loose accusation may be answered by loose and +general panegyric, and that, if ours were of that +nature, this panegyric would be sufficient to overset +our accusation. But we come before your Lordships +in a different manner and upon different grounds. +I am ordered by the Commons of Great Britain to +support the charge that they have made, and persevere +in making, against Warren Hastings, Esquire, +late Governor-General of Bengal, and now a culprit +at your bar: First, for having taken corruptly several +bribes, and extorted by force, or under the power +and color of his office, several sums of money from +the unhappy natives of Bengal. The next article +which we shall bring before you is, that he is not only +personally corrupted, but that he has personally corrupted +all the other servants of the Company,—those +under him, whose corruptions he ought to have controlled, +and those above him, whose business it was to +control his corruptions.</p> + +<p>We purpose to make good to your Lordships the +first of these, by submitting to you, that part of those +sums which are specified in the charge were taken by +him with his own hand and in his own person, but +that much the greater part have been taken from the +natives by the instrumentality of his black agents, +banians, and other dependants,—whose confidential +connection with him, and whose agency on his part +in corrupt transactions, if his counsel should be bold +enough to challenge us to the proof, we shall fully +prove before you. The next part, and the second<span class='pagenum'><a name="Page_161" id="Page_161">{161}</a></span> +branch of his corruption, namely, what is commonly +called his active corruption, distinguishing the personal +under the name of passive, will appear from his +having given, under color of contracts, a number of +corrupt and lucrative advantages from a number of +unauthorized and unreasonable grants, pensions, and +allowances, by which he corrupted actively the whole +service of the Company. And, lastly, we shall show, +that, by establishing a universal connivance from one +end of the service to the other, he has not only corrupted +and contaminated it in all its parts, but bound +it in a common league of iniquity to support mutually +each other against the inquiry that should detect and +the justice that should punish their offences. These +two charges, namely, of his active and passive corruption, +we shall bring one after the other, as strongly +and clearly illustrating and as powerfully confirming +each other.</p> + +<p>The first which we shall bring before you is his own +passive corruption,—so we commonly call it. Bribes +are so little known in this country that we can hardly +get clear and specific technical names to distinguish +them; but in future, I am afraid, the conduct of Mr. +Hastings will improve our law vocabulary. The first, +then, of these offences with which Mr. Hastings stands +charged here is receiving bribes himself, or through +his banians. Every one of these are overt acts of the +general charge of bribery, and they are every one +of them, separately taken, substantive crimes. But +whatever the criminal nature of these acts was, (and +the nature was very criminal, and the consequences +to the country very dreadful,) yet we mean to prove +to your Lordships that they were not single acts, that +they were not acts committed as opportunity offered,<span class='pagenum'><a name="Page_162" id="Page_162">{162}</a></span> +or as necessity tempted or urged upon the occasion, +but that they are parts of a general systematic plan +of corruption, for advancing his fortune at the expense +of his integrity; that he has, for that purpose, not +only taken the opportunity of his own power, but +made whole establishments, altered and perverted +others, and created complete revolutions in the country's +government, for the purpose of making the power +which ought to be subservient to legal government +subservient to corruption; that, when he could no +longer cover these fraudulent proceedings by artifice, +he endeavored to justify them by principle. These +artifices we mean to detect; these principles we mean +to attack, and, with your Lordships' aid, to demolish, +destroy, and subvert forever.</p> + +<p>My Lords, I must say, that in this business, which +is a matter of collusion, concealment, and deceit, your +Lordships will, perhaps, not feel the same degree of +interest as in the others. Hitherto you have had before +you crimes of dignity: you have had before you +the ruin and expulsion of great and illustrious families, +the breach of solemn public treaties, the merciless +pillage and total subversion of the first houses in +Asia. But the crimes which are the most striking to +the imagination are not always the most pernicious +in their effects: in these high, eminent acts of domineering +tyranny, their very magnitude proves a sort +of corrective to their virulence. The occasions on +which they can be exercised are rare; the persons +upon whom they can be exercised few; the persons +who can exercise them, in the nature of things, are +not many. These high tragic acts of superior, overbearing +tyranny are privileged crimes; they are the +unhappy, dreadful prerogative, they are the distin<span class='pagenum'><a name="Page_163" id="Page_163">{163}</a></span>guished +and incommunicable attributes, of superior +wickedness in eminent station.</p> + +<p>But, my Lords, when the vices of low, sordid, and +illiberal minds infect that high situation,—when theft, +bribery, and peculation, attended with fraud, prevarication, +falsehood, misrepresentation, and forgery—when +all these follow in one train,—when these +vices, which gender and spawn in dirt, and are +nursed in dunghills, come and pollute with their +slime that throne which ought to be a seat of dignity +and purity, the evil is much greater; it may operate +daily and hourly; it is not only imitable, but improvable, +and it will be imitated, and will be improved, +from the highest to the lowest, through all +the gradations of a corrupt government. They are +reptile vices. There are situations in which the acts +of the individual are of some moment, the example +comparatively of little importance. In the other, the +mischief of the example is infinite.</p> + +<p>My Lords, when once a Governor-General receives +bribes, he gives a signal to universal pillage to all the +inferior parts of the service. The bridles upon hard-mouthed +passion are removed; they are taken away; +they are broken. Fear and shame, the great guards +to virtue next to conscience, are gone. Shame! how +can it exist?—it will soon blush away its awkward +sensibility. Shame, my Lords, cannot exist long, +when it is seen that crimes which naturally bring +disgrace are attended with all the outward symbols, +characteristics, and rewards of honor and of virtue,—when +it is seen that high station, great rank, general +applause, vast wealth follow the commission of +peculation and bribery. Is it to be believed that men +can long be ashamed of that which they see to be the<span class='pagenum'><a name="Page_164" id="Page_164">{164}</a></span> +road to honor? As to fear, let a Governor-General +once take bribes, there is an end of all fear in the service. +What have they to fear? Is it the man whose +example they follow that is to bring them before a +tribunal for their punishment? Can he open any inquiry? +He cannot: he that opens a channel of inquiry +under these circumstances opens a high-road +to his own detection. Can he make any laws to prevent +it? None: for he can make no laws to restrain +that practice without the breach of his own laws immediately +in his own conduct. If we once can admit, +for a single instant, in a Governor-General, a principle, +however defended, upon any pretence whatever, +to receive bribes in consequence of his office, there is +an end of all virtue, an end of the laws, and no hope +left in the supreme justice of the country. We are +sensible of all these difficulties; we have felt them; +and perhaps it has required no small degree of exertion +for us to get the better of these difficulties +which are thrown in our way by a Governor-General +accepting bribes, and thereby screening and protecting +the whole service in such iniquitous proceedings.</p> + +<p>With regard to this matter, we are to state to your +Lordships, in order to bring it fully and distinctly before +you, what the nature of this distemper of bribery +is in the Indian government. We are to state +what the laws and rules are which have been opposed +to prevent it, and the utter insufficiency of all that +have been proposed: to state the grievance, the instructions +of the Company and government, the acts +of Parliament, the constructions upon the acts of +Parliament. We are to state to your Lordships the +particular situation of Mr. Hastings; we are to +state the trust the Company had in him for the pre<span class='pagenum'><a name="Page_165" id="Page_165">{165}</a></span>vention +of all those evils; and then we are to prove +that every evil, that all those grievances which the law +intended to prevent, which there were covenants to +restrain, and with respect to which there were encouragements +to smooth and make easy the path of duty, +Mr. Hastings was invested with a special, direct, and +immediate trust to prevent. We are to prove to your +Lordships that he is the man who, in his own person +collectively, has done more mischief than all those +persons whose evil practices have produced all those +laws, those regulations, and even his own appointment.</p> + +<p>The first thing that we shall do is to state, and which +we shall prove in evidence, that this vice of bribery +was the ancient, radical, endemical, and ruinous distemper +of the Company's affairs in India, from the +time of their first establishment there. Very often +there are no words nor any description which can +adequately convey the state of a thing like the direct +evidence of the thing itself: because the former might +be suspected of exaggeration; you might think that +which was really fact to be nothing but the coloring +of the person that explained it; and therefore I think +that it will be much better to give to your Lordships +here a direct state of the Presidency at the time when +the Company enacted those covenants which Mr. Hastings +entered into, and when they took those measures +to prevent the very evils from persons placed in those +very stations and in those very circumstances in which +we charge Mr. Hastings with having committed the +offences we now bring before you.</p> + +<p>I wish your Lordships to know that we are going to +read a consultation of Lord Clive's, who was sent out +for the express purpose of reforming the state of the<span class='pagenum'><a name="Page_166" id="Page_166">{166}</a></span> +Company, in order to show the magnitude of the pecuniary +corruptions that prevailed in it.</p> + +<div class="blockquote"> +<p>"It is from a due sense of the regard we owe and +profess to your interests and to our own honor, that +we think it indispensably necessary to lay open to your +view a series of transactions too notoriously known +to be suppressed, and too affecting to your interest, +to the national character, and to the existence of the +Company in Bengal, to escape unnoticed and uncensured,—transactions +which seem to demonstrate that +every spring of this government was smeared with +corruption, that principles of rapacity and oppression +universally prevailed, and that every spark of sentiment +and public spirit was lost and extinguished in +the unbounded lust of unmerited wealth.</p> + +<p>"To illustrate these positions, we must exhibit to +your view a most unpleasing variety of complaints, +inquiries, accusations, and vindications, the particulars +of which are entered in our Proceedings and the +Appendix,—assuring you that we undertake this task +with peculiar reluctance, from the personal regard we +entertain for some of the gentlemen whose characters +will appear to be deeply affected.</p> + +<p>"At Fort St. George we received the first advices +of the demise of Mir Jaffier and of Sujah Dowlah's +defeat. It was there firmly imagined that no definite +measures would be taken, either in respect to a peace +or filling the vacancy in the nizamut, before our arrival,—as +the 'Lapwing' arrived in the month of January +with your general letter, and the appointment +of a committee with express powers to that purpose, +for the successful exertion of which the happiest occasion +now offered. However, a contrary resolution<span class='pagenum'><a name="Page_167" id="Page_167">{167}</a></span> +prevailed in the Council. The opportunity of acquiring +immense fortunes was too inviting to be neglected, +and the temptation too powerful to be resisted. A +treaty was hastily drawn up by the board, or rather +transcribed, with few unimportant additions, from +that concluded with Mir Jaffier,—and a deputation, +consisting of Messrs. Johnstone, senior, Middleton, and +Leycester, appointed to raise the natural son of the deceased +Nabob to the subahdarry, in prejudice of the +claim of the grandson; and for this measure such +reasons are assigned as ought to have dictated a diametrically +opposite resolution. Meeran's son was a +minor, which circumstance alone would have naturally +brought the whole administration into our hands, +at a juncture when it became indispensably necessary +we should realize that shadow of power and influence +which, having no solid foundation, was exposed +to the danger of being annihilated by the first stroke +of adverse fortune. But this inconsistence was not +regarded; nor was it material to the views for precipitating +the treaty, which was pressed on the young +Nabob at the first interview, in so earnest and indelicate +a manner as highly disgusted him and chagrined +his ministers; while not a single rupee was stipulated +for the Company, whose interests were sacrificed, that +their servants might revel in the spoils of a treasury +before impoverished, but now totally exhausted.</p> + +<p>"This scene of corruption was first disclosed, at +a visit the Nabob was paid, to Lord Clive and the +gentlemen of the Committee, a few days after our +arrival. He there delivered to his Lordship a letter +filled with bitter complaints of the insults and indignities +he had been exposed to, and the embezzlement +of near twenty lacs of rupees, issued from his treas<span class='pagenum'><a name="Page_168" id="Page_168">{168}</a></span>ury +for purposes unknown, during the late negotiations. +So public a complaint could not be disregarded, +and it soon produced an inquiry. We referred +the letter to the board, in expectation of obtaining +a satisfactory account of the application of +this money, and were answered only by a warm remonstrance +entered by Mr. Leycester against that +very Nabob in whose elevation he boasts of having +been a principal agent.</p> + +<p>"Mahomed Reza Khân, the Naib Subah, was then +called upon to account for this large disbursement +from the treasury; and he soon delivered to the +Committee the very extraordinary narrative entered +in our Proceedings the 6th of June, wherein he specifies +the several names and sums, by whom paid, and +to whom, whether in cash, bills, or obligations. So +precise, so accurate an account as this of money for +secret and venal services was never, we believe, before +this period, exhibited to the Honorable Court of Directors,—at +least, never vouched by such undeniable +testimony and authentic documents: by Juggut Seet, +who himself was obliged to contribute largely to the +sums demanded; by Muley Ram, who was employed +by Mr. Johnstone in all those pecuniary transactions; +by the Nabob and Mahomed Reza Khân, who were +the heaviest sufferers; and, lastly, by the confession +of the gentlemen themselves whose names are specified +in the distribution list.</p> + +<p>"Juggut Seet expressly declared in his narrative, +that the sum which he agreed to pay the deputation, +amounting to 125,000 rupees, was extorted by menaces; +and since the close of our inquiry, and the +opinions we delivered in the Proceedings of the 21st +June, it fully appears that the presents from the<span class='pagenum'><a name="Page_169" id="Page_169">{169}</a></span> +Nabob and Mahomed Reza Khân, exceeding the immense +sum of seventeen lacs, were not the voluntary +offerings of gratitude, but contributions levied on the +weakness of the government, and violently exacted +from the dependent state and timid disposition of the +minister. The charge, indeed, is denied on the one +hand, as well as affirmed on the other. Your honorable +board must therefore determine how far the circumstance +of extortion may aggravate the crime of +disobedience to your positive orders, the exposing the +government in a manner to sale, and receiving the +infamous wages of corruption from opposite parties +and contending interests. We speak with boldness, +because we speak from conviction founded upon indubitable +facts, that, besides the above sums specified +in the distribution account to the amount of 228,125 +pounds sterling, there was likewise to the value of +several lacs of rupees procured from Nundcomar and +Roydullub, each of whom aspired at and obtained a +promise of that very employment it was predetermined +to bestow on Mahomed Reza Khân.</p> + +<p>(Signed at the end)</p> + +<p class="noindent"> +<span style="margin-left: 12em;">"CLIVE.<br /></span> +<span style="margin-left: 12.5em;">W<sup>M</sup> B. SUMNER.<br /></span> +<span style="margin-left: 12.5em;">JOHN CARNAC.<br /></span> +<span style="margin-left: 12.5em;">H. VERELST.<br /></span> +<span style="margin-left: 12.5em;">FRA<sup>S</sup> SYKES."<br /></span> +</p> +</div> + +<p>This paper cannot be denied to be a paper of +weight and authenticity, because it is signed by a +gentleman now in this House, who sits on one side +of the gentleman at your bar, as his bail. This +grievance, therefore, so authenticated, so great, and +described in so many circumstances, I think it might<span class='pagenum'><a name="Page_170" id="Page_170">{170}</a></span> +be sufficient for me, in this part of the business, to +show was, when Mr. Hastings was sent to India, a +prevalent evil.</p> + +<p>But, my Lords, it is necessary that I should show +to you something more, because, <i>prima fronte</i>, this +is some exculpation of Mr. Hastings: for, if he was +only a partaker in a general misconduct, it was +rather <i>vitium loci et vitium temporis</i> than <i>vitium +hominis</i>. This might be said in his exculpation. +But I am next to show your Lordships the means +which the Company took for removing this grievance; +and that Mr. Hastings's peculiar trust, the +great specific ground of his appointment, was a confidence +that he would eradicate this very evil, of +which we are going to prove that he has been one +of the principal promoters. I wish your Lordships +to advert to one particular circumstance,—namely, +that the two persons who were bidders at this time, +and at this auction of government, for the favor and +countenance of the Presidency at Calcutta, were +Mahomed Reza Khân and Rajah Nundcomar. I +wish your Lordships to recollect this by-and-by, when +we shall bring before you the very same two persons, +who, in the same sort of transaction, and in circumstances +exactly similar, or very nearly so, were candidates +for the favor of Mr. Hastings.</p> + +<p>My Lords, our next step will be to show you that +the Company in 1768 had made a covenant expressly +forbidding the taking of presents of above 400<i>l.</i> value +in each present by the Governor-General. I take it +for granted, this will not be much litigated. They renewed +and enforced that with other covenants and +other instructions; and at last came an act of Parliament, +in the clearest, the most definite, the most spe<span class='pagenum'><a name="Page_171" id="Page_171">{171}</a></span>cific +words that all the wisdom of the legislature, intent +upon the eradication of this evil, could use, to +prevent the receiving of presents.</p> + +<p>My Lords, I think it is necessary to state, that +there has been some little difficulty concerning this +word, <i>presents</i>. Bribery and extortion have been +covered by the name of presents, and the authority +and practice of the East has been adduced as a palliation +of the crime. My Lords, no authority of the +East will be a palliation of the breach of laws enacted +in the West: and to those laws of the West, and not +the vicious customs of the East, we insist upon making +Mr. Hastings liable. But do not your Lordships +see that this is an entire mistake? that there never +was any custom of the East for it? I do not mean +vicious practices and customs, which it is the business +of good laws and good customs to eradicate. There +are three species of presents known in the East,—two +of them payments of money known to be legal, and +the other perfectly illegal, and which has a name exactly +expressing it in the manner our language does. +It is necessary that your Lordships should see that +Mr. Hastings has made use of a perversion of the +names of authorized gifts to cover the most abominable +and prostituted bribery. The first of those presents is +known in the country by the name of <i>peshcush</i>: this +<i>peshcush</i> is a fine paid, upon the grant of lands, to +the sovereign, or whoever grants them. The second +is the <i>nuzzer</i>, or <i>nuzzerana</i>, which is a tribute of acknowledgment +from an inferior to a superior. The +last is called <i>reshwat</i>, in the Persian language,—that +is to say, a bribe, or sum of money clandestinely +and corruptly taken,—and is as much distinguished +from the others as, in the English language, a fine or<span class='pagenum'><a name="Page_172" id="Page_172">{172}</a></span> +acknowledgment is distinguished from a bribe. To +show your Lordships this, we shall give in evidence, +that, whenever a peshcush or fine is paid, it is a sum +of money publicly paid, and paid in proportion to the +grant,—and that the sum is entered upon the very +grant itself. We shall prove the nuzzer is in the +same manner entered, and that all legal fees are indorsed +upon the body of the grant for which they are +taken: and that they are no more in the East than +in the West any kind of color or pretence for corrupt +acts, which are known by the circumstance of their +being clandestinely taken, and which are acknowledged +and confessed to be illegal and corrupt. Having +stated that Mr. Hastings, in some of the evidence +that we shall produce, endeavors to confound these +three things, I am only to remark that the nuzzer is +generally a very small sum of money, that it sometimes +amounts to one gold mohur, that sometimes it +is less, and that, in all the records of the Company, I +have never known it exceed one gold mohur, or about +thirty-five shillings,—passing by the fifty gold mohurs +which were given to Mr. Hastings by Cheyt Sing, +and a hundred gold mohurs which were given to the +Mogul, as a nuzzer, by Mahomed Ali, Nabob of Arcot.</p> + +<p>The Company, seeing that this nuzzer, though +small in each sum, might amount at last to a large +tax upon the country, (and it did so in fact,) thought +proper to prohibit any sum of money to be taken upon +any pretext whatever; and the Company in the +year 1775 did expressly explode the whole doctrine +of peshcush, nuzzer, and every other private lucrative +emolument, under whatever name, to be taken by +the Governor-General, and did expressly send out an +order that that was the construction of the act, and<span class='pagenum'><a name="Page_173" id="Page_173">{173}</a></span> +that he was not even to take a nuzzer. Thus we +shall show that that act had totally cut up the whole +system of bribery and corruption, and that Mr. Hastings +had no sort of color whatever for taking the +money which we shall prove he has taken.</p> + +<p>I know that positive prohibitions, that acts of Parliament, +that covenants, are things of very little validity +indeed, as long as all the means of corruption +are left in power, and all the temptations to corrupt +profit are left in poverty. I should really think that +the Company deserved to be ill served, if they had +not annexed such appointments to great trusts as +might secure the persons intrusted from the temptations +of unlawful emolument, and, what in all cases +is the greatest security, given a lawful gratification +to the natural passions of men. Matrimony is to be +used, as a true remedy against a vicious course of +profligate manners; fair and lawful emoluments, and +the just profits of office, are opposed to the unlawful +means which might be made use of to supply them. +For, in truth, I am ready to agree, that for any man +to expect a series of sacrifices without a return in +blessings, to expect labor without a prospect of reward, +and fatigue without any means of securing +rest, is an unreasonable demand in any human creature +from another. Those who trust that they shall +find in men uncommon and heroic virtues are themselves +endeavoring to have nothing paid them but the +common returns of the worst parts of human infirmity. +And therefore I shall show your Lordships that +the Company did provide large, ample, abundant +means for supporting the Governor-General,—that +Lord Clive, in the year 1765, and the Council with +him, of which Mr. Sumner, I am glad and proud to<span class='pagenum'><a name="Page_174" id="Page_174">{174}</a></span> +say, was one, did fix such an allowance as they +thought a sufficient security to the Governor-General +against the temptations attendant upon his situation; +and therefore, after they had fixed this sum, they +say, "that, although by this means the Governor will +not be able to amass a million or half a million in +the space of two or three years, yet he will acquire +a very handsome independency, and be in that very +situation which a man of honor and true zeal for +the service would wish to possess. Thus situated, he +may defy all opposition in Council; he will have +nothing to ask, nothing to propose, but what he wishes +for the advantage of his employers; he may defy +the law, because there can be no foundation for a bill +of discovery; and he may defy the obloquy of the +world, because there can be nothing censurable in +his conduct. In short, if stability can be insured to +such a government as this, where riches have been +acquired in abundance in a small space of time, by +all ways and means, and by men with or without capacities, +it must be effected by a Governor thus restricted,"—that +is, a Governor restricted from every +emolument but that of his salary. I must remark, +that this salary and these emoluments were not settled +upon the vague speculations of men taking the +measure of their necessities for India from the manners +of England; but it was fixed by the Council +themselves,—fixed in India,—fixed by those who +knew and were in the situation of the Governor-General, +and who knew what was necessary to support +his dignity and to preserve him from the temptation +of corruption: and they have laid open to you such a +body of advantages arising from it as would lead any +man, who had a regard to his honor or conscience, to<span class='pagenum'><a name="Page_175" id="Page_175">{175}</a></span> +think himself happy in having such a provision made +for him, and at the same time every temptation to +act corruptly removed far from him.</p> + +<p>The emoluments of the office, though reduced from +the original plan which Lord Clive had proposed, +may be computed at near 30,000<i>l.</i> a year, when Mr. +Hastings was President: 22,000<i>l.</i> in certain money, +and the rest in other advantages. Whatever it was, +I have shown that it was thought sufficient by those +who were the best judges, and who, in carving for +others, were carving for themselves their own allowance +at the time. But, my Lords, I am to give a +better opinion of the sufficiency of that provision to +guard against the temptation, out of Mr. Hastings's +own mouth. He says, in his letter to the Court of +Directors, "Although I disclaim the consideration of +my own interest in these speculations, and flatter myself +that I proceed upon more liberal grounds, yet I +am proud to avow the feelings of an honest ambition +that stimulates me to aspire at the possession of my +present station for years to come. Those who know +my natural turn of mind will not ascribe this to sordid +views. A very few years' possession of the government +would undoubtedly enable me to retire with +a fortune amply fitted to the measure of my desires, +were I to consult only my ease: but in my present +situation I feel my mind expand to something greater; +I have catched the desire of applause in public +life."</p> + +<p>Here Mr. Hastings confesses that the emoluments +affixed to office were not only sufficient for the purposes +and ends which the nature of his office demanded, +and the support of present dignity, but that they +were sufficient to secure him, in a very few years, a<span class='pagenum'><a name="Page_176" id="Page_176">{176}</a></span> +comfortable retreat; but his object in wishing to hold +his office long was <i>to catch applause in public life</i>. +What an unfortunate man is he, who has so often +told us, in so many places, and through so many +mouths, that, after fourteen years' possession of an +office which was to make him a comfortable fortune +in a few years, he is at length bankrupt in fortune, +and for his applause in public life is now at your +Lordships' bar, and his accuser is his country! This, +my Lords, is to be unfortunate: but there are some +misfortunes that never do or ever can arrive but +through crimes. He was a deserter from the path +of honor. At the turning of the two ways he made a +glorious choice,—he caught at the applause of ambition: +which though I am ready to consent is not virtue, +yet surely a generous ambition for applause for +public services in life is one of the best counterfeits +of virtue, and supplies its place in some degree; and +it adds a lustre to real virtue, where it exists as the +substratum of it. Human nature, while it is made +as it is, never can wholly repudiate it for its imperfection, +because there is something yet more perfect. +But what shall we say to the deserter of that cause, +who, having glory and honor before him, has chosen +to plunge himself into the downward road to sordid +riches?</p> + +<p>My Lords, I have shown the grievances that existed. +I have shown the means that existed to put Mr. +Hastings beyond a temptation to those practices of +which we accuse him, even in his own opinion,—if +he will not follow his example in the House of Commons, +and disavow this letter, as he has done his defence +before them, and say he never wrote it. That +situation which was to afford him a comfortable for<span class='pagenum'><a name="Page_177" id="Page_177">{177}</a></span>tune +in a few years he has held for many years, and +therefore he has not one excuse to make for himself; +but I shall show your Lordships much greater and +stronger proofs, that will lean heavy upon him in the +day of your sentence. The first, the peculiar, trust +that was put in him, was to redress all those grievances.</p> + +<p>My Lords, I have stated to you the condition of +India in 1765. You may suppose that the means +that were taken, the regulations that were made by +the Company at that period of time, had operated +their effect, and that by the beginning of the year +1772, when Mr. Hastings came first to his government, +these evils did not then require, perhaps, so +vigorous an example, or so much diligence in putting +an end to them; but, my Lords, I have to show you +a very melancholy truth, that, notwithstanding all +these means, the Company was of opinion that all +these disorders had increased, and accordingly they +say, without entering into all the grievous circumstances +of this letter, which was wrote on the 10th +of April, 1773, "We wish we could refute the observation, +that almost every attempt made by us and +our administration at your Presidency for reforming +abuses has rather increased them, and added to the +misery of a country we are so anxious to protect and +cherish." They say, that, "when oppression pervades +the whole country, when youths have been suffered +with impunity to exercise sovereign jurisdiction +over the natives, and to acquire rapid fortunes by monopolizing +of commerce, it cannot be a wonder to us +or yourselves that Dadney merchants do not come +forward to contract with the Company, that the manufactures +find their way through foreign channels, or<span class='pagenum'><a name="Page_178" id="Page_178">{178}</a></span> +that our investments are at once enormously dear +and of a debased quality. It is evident, then, that +the evils which have been so destructive to us lie too +deep for any partial plans to reach or correct; it is +therefore our resolution to aim at the root of those +evils, and we are happy in having reason to believe +that in every just and necessary regulation we shall +meet with the approbation and support of the legislature, +who consider the public as materially interested +in the Company's prosperity."</p> + +<p>This is to show your Lordships that Mr. Hastings +was armed with great powers to correct great abuses, +and that there was reposed in him a special trust for +that purpose. And now I shall show, by the twenty-fifth +paragraph of the same letter, that they intrusted +Mr. Hastings with this very great power from some +particular hope they had, not only of his abstaining +himself, which is a thing taken for granted, but of his +restraining abuses through every part of the service; +and therefore they say, "that, in order to effectuate +this great end, the first step must be to restore perfect +obedience and due subordination to your administration. +Our Governor and Council must reassume and +exercise their delegated powers upon every just occasion,—punish +delinquents, cherish the meritorious, +discountenance that luxury and dissipation which, to +the reproach of government, prevailed in Bengal. +Our President, Mr. Hastings, we trust, will set the +example of temperance, economy, and application; +and upon this, we are sensible, much will depend. +And here we take occasion to indulge the pleasure +we have in acknowledging Mr. Hastings's services +upon the coast of Coromandel, in constructing with +equal labor and ability the plan which has so much<span class='pagenum'><a name="Page_179" id="Page_179">{179}</a></span> +improved our investments there; and as we are persuaded +he will persevere in the same laudable pursuit +through every branch of our affairs in Bengal, +he, in return, may depend on the steady support and +favor of his employers." Here are not only laws to +restrain abuse, here are not only salaries to prevent +the temptation to it, but here are praises to animate +and encourage him, here is what very few men, even +bad in other respects, have resisted,—here is a great +trust put in him, to call upon him with particular +vigor and exertion to prevent all abuses through the +settlement, and particularly these abuses of corruption. +Much trust is put in his frugality, his order, his +management of his private affairs; and from thence +they hope that he would not ruin his own fortune, but +improve it by honorable means, and teach the Company's +servants the same order and management, in +order to free them from temptation to rapacity in +their own particular situations. There have been +known to be men, otherwise corrupt and vicious, who, +when great trust was put in them, have called forth +principles of honor latent in their minds; and men +who were nursed, in a manner, in corruption have +been not only great reformers by institution, but +greater reformers by the example of their own conduct. +Then I am to show, that, soon after his coming +to that government, there were means given him +instantly of realizing those hopes and expectations, by +putting into his hands several arduous and several +difficult commissions.</p> + +<p>My Lords, in the year 1772 the Company had received +alarming advices of many disorders throughout +the country: there were likewise, at the same +time, circumstances in the state of the government<span class='pagenum'><a name="Page_180" id="Page_180">{180}</a></span> +upon which they thought it necessary to make new +regulations. The famine which prevailed in and +devastated Bengal, and the ill use that was made of +that calamity to aggravate the distress for the advantage +of individuals, produced a great many complaints, +some true, some exaggerated, but universally spread, +as I believe is in the memory of those who are not very +young among us. This obliged the Company to a +very serious consideration of an affair which dishonored +and disgraced their government, not only at +home, but through all the countries in Europe, much +more than perhaps even more grievous and real oppressions +that were exercised under them. It had +alarmed their feelings, it had been marked, and had +called the attention of the public upon them in an +eminent manner.</p> + +<p>Your Lordships remember the death of Jaffier Ali +Khân, the first of those subahs who introduced the +English power into Bengal. He died about four or +five years before this period. He was succeeded by +two of his sons, who succeeded to one another in a +very rapid succession. The first was the person of +whom we have read an account to you. He was the +natural son of the Nabob by a person called Munny +Begum, who, for the corrupt gifts the circumstances +of which we have recited, had, in prejudice of the lawful +issue of the Nabob, been raised to the <i>musnud</i>; +but as bastard slips, it is said in King Richard, (an +abuse of a Scripture phrase,) do not take deep root, +this bastard slip, Nujim ul Dowlah, shortly died, and +the legitimate son, Syef ul Dowlah, succeeded him. +After him another legitimate son, Mobarek ul Dowlah, +succeeded in a minority. When I say <i>succeeded</i>, I +wish your Lordships to understand that there is no<span class='pagenum'><a name="Page_181" id="Page_181">{181}</a></span> +regular succession in the office of subah or viceroy +of the kingdom; but, in general, succession has been +considered, and persons have been put in that place +upon some principles resembling a regular succession. +That regular succession had been broken in favor of +a natural son, and the mother of that natural son did +obtain the superiority in the female part of the family +for a time.</p> + +<p>In consequence of these two circumstances, namely, +the famine, and the abuses that were supposed to +arise from it, and from the circumstance of the minority +of Mobarek ul Dowlah, who now reigns or +appears to reign,—in consequence of these two circumstances, +the Company gave two sets of orders.</p> + +<p>The first order related to Mahomed Reza Khân, +who was (as your Lordships remember I took, in the +beginning of this affair, means of explaining) lord-deputy +of the province under the native government, +the English holding the dewanny,—and deputy dewan, +or high-steward, under the name of the English, +and had the command of the whole revenue; +and who was accused before the Company (the channel +of which accusation we now learn) of having +aggravated that famine by a monopoly for his own +benefit. The Company, upon these loose and general +charges, ordered that he should be divested of his +office, that he should be brought down to Calcutta, +and there be obliged to render an account of his conduct.</p> + +<p>The next regulation they made was concerning the +effective government of the country, which was become +vacant by the removal of Mahomed Reza Khân. The +offices which he held were in effect these: he was +guardian to the Nabob by the appointment of the<span class='pagenum'><a name="Page_182" id="Page_182">{182}</a></span> +Company; he had the care and management of his +family; he had the care of the public justice; and he +represented that shadow of government to foreign +nations which it was the policy of the Company, at +that time, to keep up. This was the person whom +Mr. Hastings was ordered to remove; in consequence +of which removal all these offices were to be supplied,—of +guardian of the Nabob's person and manager of +his family, of chief magistrate, and of representative +of the fallen dignity of the native government to the +foreign nations which traded to Bengal.</p> + +<p>To these orders was added an instruction of a very +remarkable nature, which was a third trust that was +given to Mr. Hastings: that during the Nabob's minority +he should reduce the annual allowance, which +was thirty-two lacs, to sixteen; and that to prevent +the abuse of this restricted sum, and to prevent its +being directed by the minister's authority to other +purposes than that for which the Company allowed +it, (that is to say, allowed him out of what was his +own,) of these sixteen lacs an account was to be +regularly kept, as a check upon the person so appointed, +which account was ordered to be transmitted +to Calcutta, and to be sent to England.</p> + +<p>Now we are to show your Lordships what Mr. Hastings's +conduct was upon all these occasions; and for +this we mean to produce testimony recorded in the +Company's books, and authentic documents taken +from the public offices of that country. At the same +time I do admit that there never was a positive testimony +that did not stand something in need of the support +of presumption: for, as we know that witnesses +may be perjured, and as we know that documents +can be forged, we have recourse to a known principle<span class='pagenum'><a name="Page_183" id="Page_183">{183}</a></span> +in the laws of all countries, that circumstances cannot +lie; and therefore, if the testimony that is given was +ever so clear and positive, yet, if it is contrary to the +circumstances of the country, if it is contrary to the +circumstances of the facts to which it alludes, if the +deposition is totally adverse and alien to the characters +of the persons, then I will say, that, though the +testimonies should be many, though they should be +consistent, and though they should be clear, yet they +will still leave some degree of hesitation and doubt +upon every mind timorous in the execution of justice, +as every mind ought to be. If, for instance, ten witnesses +were to swear that the Chief-Justice of England, +that the Lord High-Chancellor, or the Archbishop +of Canterbury, was seen, in the robes of his +function, at noonday, robbing upon the highway, it +is not the clearness, the weight, the authority of testimonies, +that could make me believe it; I should +attribute it to any cause, either corruption, mistake, +error, or madness, rather than believe that fact. +Why? Because it is totally alien to the character of +the persons, the situation, the circumstances, and to +all the rules of probability. But if, on the contrary, +the crime charged has a perfect relation with the person, +with his known conduct, with his known habits, +with the situation and circumstances of the place that +he is in, and with the very corrupt inherent nature of +the act that he does, then much less proof than we +are able to produce will serve; and according to the +nature and strength of the presumptions arising from +the inherent nature of a vicious principle and vicious +motives in the act, will be strengthened the weakest +evidence, or, if it comes to a sufficient height, the +whole burden of proof will be turned upon the party<span class='pagenum'><a name="Page_184" id="Page_184">{184}</a></span> +accused. And thus we shall think ourselves bound +to show your Lordships, in every step of this proceeding, +that there is an inherent presumption of corruption +in every act. We shall show the presumptions +which preceded, we shall show the presumptions which +accompanied the proof; and these, with the subsequent +presumptions, will make it impossible to disbelieve +them. Such a body of proof was never given +upon any such occasion: and it is such proof as will +prevail against the whole voice of corruption, that +amazing, active, diligent, spreading voice, which has +been made, by buzzing in every part of this country, +sometimes to sound like the public voice; it will put +it to silence, by showing that your Lordships have +proceeded upon the strongest evidence, active and +passive.</p> + +<p>First, Mr. Hastings received a positive order to +seize upon Mahomed Reza Khân. That order he +executed with a military promptitude of obedience, +which will show your Lordships what are the services +which are congenial to his own mind, and which find +in him always a ready acquiescence, a faithful agent, +and a spirited instrument in the execution. The very +day after he received the order, he sent up, privately, +without communicating with the Council, from whom +he was not ordered to keep this proceeding a secret,—he +sent up, and found that great and respectable man +and respectable magistrate, who was in all those high +offices which I have stated: and if I was to compare +them to circumstances and situations in this country, +I should say he had united in himself the character +of First Lord of the Treasury, the character of Chief-Justice, +the character of Lord High-Chancellor, and +the character of Archbishop of Canterbury: a man<span class='pagenum'><a name="Page_185" id="Page_185">{185}</a></span> +of great gravity, dignity, and authority, and advanced +in years; had once 100,000<i>l.</i> a year for the support +of his dignity, and had at that time 50,000<i>l.</i> This +man, sitting in his garden, reposing himself after the +toils of his situation, (for he was one of the most +laborious men in the world,) was suddenly arrested, +and, without a moment's respite, dragged down to +Calcutta, and there by Mr. Hastings (exceeding the +orders of the Company) confined near two years +under a guard of soldiers. Mr. Hastings kept this +great man for several months without even attempting +the trial upon him. How he tried him afterwards +your Lordships may probably in the course of this +business inquire; and you will then judge, from the +circumstances of that trial, that, as he was not tried +for his crime, so neither was he acquitted for his +innocence;—but at present I leave him in that situation. +Mr. Hastings, unknown to the Council, having +executed the orders of the Company in the last +degree of rigor to this unhappy man, keeps him in +that situation, without a trial, under a guard, separated +from his country, disgraced and dishonored, and +by Mr. Hastings's express order not suffered either to +make a visit or receive a visitor.</p> + +<p>There was another commission for Mr. Hastings +contained in these orders. The Company, because +they were of opinion that justice could not be easily +obtained while the first situations of the country were +filled with this man's adherents, desired Mr. Hastings +to displace them: leaving him a very large power, +and confiding in his justice, prudence, and impartiality +not to abuse a trust of such delicacy. But +we shall prove to your Lordships that Mr. Hastings +thought it necessary to turn out, from the highest to<span class='pagenum'><a name="Page_186" id="Page_186">{186}</a></span> +the lowest, several hundreds of people, for no other +reason than that they had been put in their employments +by that very man whom the English government +had formerly placed there. If <i>we</i> were to insist that +we could not possibly try Mr. Hastings, or come at +his wickedness, until we had eradicated his influence +in Bengal, and left not one man in it who was during +his government in any place or office whatever, yet, +though we should readily admit that we could not do +the whole without it, at the same time, rather than +make a general massacre of every person presumed to +be under his influence, we would leave some of his +crimes unproved. He did avow and declare, that, +unless he turned all these persons out of their offices, +he could never hope to come at the truth of any +charges against Mahomed Reza Khân, against whom +no specific charge had been made. Yet, upon loose +and general charges, did he seize upon this man, +confine him in this manner, and every person who +derived any place or authority from him, high or low, +was turned out. Mr. Hastings had in the Company's +orders something to justify him in rigor, but he had +likewise a prudential power over that rigor; and he +not only treated this man in the manner described, +but every human creature connected with him, as if +they had been all guilty, without any charge whatever +against them. These are his reasons for taking +this extraordinary step.</p> + +<p>"I pretend not to enter into the views of others. +My own were these. Mahomed Reza Khân's influence +still prevailed generally throughout the country. In +the Nabob's household, and at the capital, it was scarce +affected by his present disgrace. His favor was still +courted, and his anger dreaded. Who, under such<span class='pagenum'><a name="Page_187" id="Page_187">{187}</a></span> +discouragements, would give information or evidence +against him? His agents and creatures filled every +office of the nizamut and dewanny. How was the +truth of his conduct to be investigated by these? +It would be superfluous to add other arguments to +show the necessity of prefacing the inquiry by breaking +his influence, removing his dependants, and putting +the direction of all the affairs which had been +committed to his care into the hands of the most +powerful or active of his enemies."</p> + +<p>My Lords, if <i>we</i> of the House of Commons were to +desire and to compel the East India Company, or to +address the crown, to remove, according to their several +situations and several capacities, every creature +that had been put into office by Mr. Hastings, because +we could otherwise make no inquiry into his conduct, +should we not be justified by his own example +in insisting upon the removal of every creature of the +reigning power before we could inquire into his conduct? +We have not done that, though we feel, as he +felt, great disadvantages in proceeding in the inquiry +while every situation in Bengal is notoriously held by +his creatures,—always excepting the first of all, but +which we could show is nothing under such circumstances. +Then what do I infer from this,—from his +obedience to the orders of the Company, carried so +much beyond necessity, and prosecuted with so much +rigor,—from the inquiry being suspended for so long +a time,—from every person in office being removed +from his situation,—from all these precautions being +used as prefatory to the inquiry, when he himself says, +that, after he had used all these means, he found not +the least benefit and advantage from them? The use +I mean to make of this is, to let your Lordships see<span class='pagenum'><a name="Page_188" id="Page_188">{188}</a></span> +the great probability and presumption that Mr. Hastings, +finding himself in the very selfsame situation +that had occurred the year before, when Nundcomar +was sold to Mahomed Reza Khân, of selling Mahomed +Reza Khân to Nundcomar, made a corrupt use of it, +and that, as Mahomed Reza Khân was not treated +with severity for his crimes, so neither was he acquitted +for his innocence. The Company had given +Mr. Hastings severe orders, and very severely had he +executed them. The Company gave him no orders +not to institute a present inquiry; but he, under pretence +of business, neglected that inquiry, and suffered +this man to languish in prison to the utter ruin of his +fortune.</p> + +<p>We have in part shown your Lordships what Mr. +Hastings's own manner of proceeding with regard to +a public delinquent is; but at present we leave Mahomed +Reza Khân where he was. Do your Lordships +think that there is no presumption of Mr. Hastings +having a corrupt view in this business, and of his +having put this great man, who was supposed to be +of immense wealth, under contributions? Mr. Hastings +never trusted his colleagues in this proceeding; +and what reason does he give? Why, he supposed +that they must be bribed by Mahomed Reza Khân. +"For," says he, "as I did not know their characters +at that time, I did not know whether Mahomed +Reza Khân had not secured them to his interest by +the known ways in which great men in the East secure +men to their interest." He never trusted his +colleagues with the secret; and the person that he +employed to prosecute Mahomed Reza Khân was his +bitter enemy, Nundcomar. I will not go the length +of saying that the circumstance of enmity disables a<span class='pagenum'><a name="Page_189" id="Page_189">{189}</a></span> +person from being a prosecutor; under some circumstances +it renders a man incompetent to be a witness; +but this I know, that the circumstance of having no +other person to rely upon in a charge against any +man but his enemy, and of having no other principle +to go upon than what is supposed to be derived out +of that enmity, must form some considerable suspicion +against the proceeding. But in this he was justified +by the Company; for Nundcomar, the great rival +of Mahomed Reza Khân, was in the worst situation +with the Company as to his credit. This Nundcomar's +politics in the country had been by Mr. Hastings +himself, and by several persons joined with him, +cruelly represented to the Company; and accordingly +he stood so ill with them, by reason of Mr. Hastings's +representations and those of his predecessors, that the +Company ordered and directed, that, if he could be +of any use in the inquiry into Mahomed Reza Khân's +conduct, some reward should be given him suitable +to his services; but they caution Mr. Hastings at the +same time against giving him any trust which he +might employ to the disadvantage of the Company. +Now Mr. Hastings began, before he could experience +any service from him, by giving him his reward, and +not the base reward of a base service, <i>money</i>, but +every trust and power which he was prohibited from +giving him. Having turned out every one of Mahomed +Reza Khân's dependants, he filled every office, as he +avows, with the creatures of Nundcomar. Now when +he uses a cruel and rigorous obedience in the case of +Mahomed Reza Khân, when he breaks through the +principles of his former conduct with regard to Nundcomar, +when he gives <i>him</i>, Nundcomar, trust, whom +he was cautioned not to trust, and when he gives him<span class='pagenum'><a name="Page_190" id="Page_190">{190}</a></span> +that reward before any service could be done,—I say, +when he does this, in violation of the Company's orders +and his own principles, it is the strongest evidence +that he now found them in the situation in +which they were in 1765, when bribes were notoriously +taken, and that each party was mutually sold +to the other, and faith kept with neither. The situation +in which Mr. Hastings thus placed himself should +have been dreaded by him of all things, because he +knew it was a situation in which the most outrageous +corruption had taken place before.</p> + +<p>There is another circumstance which serves to +show that in the persecution of these great men, and +the persons employed by them, he could have no +other view than to extort money from them. There +was a person of the name of Shitab Roy, who had a +great share in the conduct of the revenues of Bahar. +Mr. Hastings, in the letter to the Company, complaining +of the state of their affairs, and saying that there +were great and suspicious balances in the kingdom +of Bahar, does not even name the name of Shitab Roy. +There was an English counsellor, a particular friend +of Mr. Hastings's, there, under whose control Shitab +Roy acted. Without any charges, without any orders +from the Company, Mr. Hastings dragged down +that same Shitab Roy, and in the same ignominious +prison he kept him the same length of time, that is, +one year and three months, without trial; and when +the trial came on, there was as much appearance of +collusion in the trial as there was of rigor in the previous +process. This is the manner in which Mr. Hastings +executed the command of the Company for removing +Mahomed Reza Khân.</p> + +<p>When a successor to Mahomed Reza Khân was to<span class='pagenum'><a name="Page_191" id="Page_191">{191}</a></span> +be appointed, your Lordships naturally expect, from +the character I have given of him, and from the +nature of his functions, that Mr. Hastings would be +particularly precise, would use the utmost possible +care in nominating a person to succeed him, who +might fulfil the ends and objects of his employment, +and be at the same time beyond all doubt and suspicion +of corruption in any way whatever. Let us +now see how he fills up that office thus vacant. +When the Company ordered Mahomed Reza Khân to +be dispossessed of his office, they ordered at the same +time that the salary of his successor should be reduced: +that 30,000<i>l.</i> was a sufficient recompense for +that office. Your Lordships will see by the allowance +for the office, even reduced as it was, that they +expected some man of great eminence, of great consequence, +and fit for those great and various trusts. +They cut off the dewanny from it, that is, the collection +of the revenues; and having lessened his labors, +they lessened his reward.—They ordered that +this person, who was to be guardian of the Nabob in +his minority, and who was to represent the government, +should have but 30,000<i>l.</i> The order they give +is this.</p> + +<p>"And that as Mahomed Reza Khân can no longer +be considered by us as one to whom such a power can +safely be committed, we trust to your local knowledge +the selection of some person well qualified for the +affairs of government, and of whose attachment to +the Company you shall be well assured. Such person +you will recommend to the Nabob, to succeed +Mahomed Reza, as minister of the government, and +guardian of the Nabob's minority; and we persuade +ourselves that the Nabob will pay such regard to your<span class='pagenum'><a name="Page_192" id="Page_192">{192}</a></span> +recommendation as to invest him with the necessary +power and authority.</p> + +<p>"As the advantages which the Company may receive +from the appointment of such minister will +depend on his readiness to promote our views and +advance our interest, we are willing to allow him so +liberal a gratification as may excite his zeal and insure +his attachment to the Company; we therefore +empower you to grant to the person whom you shall +think worthy of this trust an annual allowance not +exceeding three lacs of rupees, which we consider not +only as a munificent reward for any services he shall +render the Company, but sufficient to enable him to +support his station with suitable rank and dignity. +And here we must add, that, in the choice you shall +make of a person to be the active minister of the Nabob's +government, we hope and trust that you will +show yourselves worthy of the confidence we have +placed in you by being actuated therein by no other +motives than those of the public good and the safety +and interest of the Company."</p> + +<p>My Lords, here they have given a reward, and they +have described a person fit to succeed in all capacities +the man whom they had thought fit to depose. Now, +as we have seen how Mr. Hastings obeyed the Company's +orders in the manner of removing Mahomed +Reza Khân from his office, let us see how he obeyed +their order for filling it up. Your Lordships will +naturally suppose that he made all the orders of +Mahometan and Hindoo princes to pass in strict review +before him; that he had considered their age, +authority, dignity, the goodness of their manners; +and upon the collation of all these circumstances had +chosen a person fit to be a regent to guard the Na<span class='pagenum'><a name="Page_193" id="Page_193">{193}</a></span>bob's +minority from all rapacity whatever, and fit to +instruct him in everything. I will give your Lordships +Mr. Hastings's own idea of the person necessary +to fill such offices.</p> + +<p>"That his rank ought to be such as at least ought +not to wound the Nabob's honor, or lessen his credit +in the estimation of the people, by the magisterial +command which the new guardian must exercise +over him,—with abilities and vigor of mind equal +to the support of that authority; and the world will +expect that the guardian be especially qualified by +his own acquired endowments to discharge the duties +of that relation in the education of his young pupil, +to inspire him with sentiments suitable to his +birth, and to instruct him in the principles of his religion."</p> + +<p>This, upon another occasion, is Mr. Hastings's +sense of the man who ought to be placed in that situation +of trust in which the Company ordered him to +place him. Did Mr. Hastings obey that order? No, +my Lords, he appointed no man to fill that office. +What, no man at all? No, he appointed no person +at all in the sense which is mentioned there, which +constantly describes a person at least of the male sex: +he appointed a woman to fill that office; he appointed +a woman, in a country where no woman can be seen, +where no woman can be spoken to by any one without +a curtain between them; for all these various +duties, requiring all these qualifications described by +himself, he appointed a woman. Do you want more +proof than this violent transgression of the Company's +orders upon that occasion that some corrupt motive +must have influenced him?</p> + +<p>My Lords, it is necessary for me to state the situa<span class='pagenum'><a name="Page_194" id="Page_194">{194}</a></span>tion +of the family, that you may judge from thence +of the corrupt motives of Mr. Hastings's proceedings. +The Nabob Jaffier Ali Khân had among the women +of his seraglio a person called Munny Begum. She +was a dancing-girl, whom he had seen at some entertainment; +and as he was of a licentious turn, this +dancing-girl, in the course of her profession as a prostitute, +so far inveigled the Nabob, that, having a child +or pretending to have had a child by him, he brought +her into the seraglio; and the Company's servants +sold to that son the succession of that father. This +woman had been sold as a slave,—her profession a +dancer, her occupation a prostitute. And, my Lords, +this woman having put her natural son, as we state, +and shall prove, in the place of the legitimate offspring +of the Nabob, having got him placed by the Company's +servants on the musnud, she came to be at the head +of that part of the household which relates to the +women: which is a large and considerable trust in +a country where polygamy is admitted, and where +women of great rank may possibly be attended by two +thousand of the same sex in inferior situations. As +soon as the legitimate son of the Nabob came to the +musnud, there was no ground for keeping this woman +any longer in that situation; and upon an application +of the Company to Mahomed Reza Khân to know who +ought to have the right of superiority, he answered, +as he ought to have done, that, though all the women +of the seraglio ought to have honor, yet the mother +of the Nabob ought to have the superiority of it. +Therefore this woman was removed, and the mother +of the Nabob was placed in her situation. In that +situation Mr. Hastings found the seraglio. If his duties +had gone no further than the regulation of an<span class='pagenum'><a name="Page_195" id="Page_195">{195}</a></span> +Eastern household, he ought to have kept the Nabob's +mother there by the rules of that country.</p> + +<p>What did he do? Not satisfied with giving to this +prostitute every favor that she could desire, (and +money must be the natural object of such a person,) +Mr. Hastings deposes the Nabob's own mother, turns +her out of the employment, and puts at the head of +the seraglio this prostitute, who at the best, in relation +to him, could only be a step-mother. If you heard no +more, do your Lordships want anything further to +convince you that this must be a violent, atrocious, +and corrupt act,—suppose it had gone no further +than the seraglio? But when I call this woman a +dancing-girl, I state something lower than Europeans +have an idea of respecting that situation. She was +born a slave, bred a dancing-girl. Her dancing was +not any of those noble and majestic movements which +make part of the entertainment of the most wise, of +the education of the most virtuous, which improve the +manners without corrupting the morals of all civilized +people, and of which, among uncivilized people, the +professors have their due share of admiration; but +these dances were not decent to be seen nor fit to be +related. I shall pass them by. Your Lordships are +to suppose the lowest degree of infamy in occupation +and situation, when I tell you that Munny Begum +was a slave and a dancing-girl.</p> + +<p>The history of the Munny Begum is this. "At a +village called Balkonda, near Sekundra, there lived a +widow, who, from her great poverty, not being able to +bring up her daughter Munny, gave her to a slave-girl +belonging to Summin Ali Khân, whose name was +Bissoo. During the space of five years she lived at +Shahjehanabad, and was educated by Bissoo after the<span class='pagenum'><a name="Page_196" id="Page_196">{196}</a></span> +manner of a dancing-girl. Afterwards the Nabob +Shamut Jung, upon the marriage of Ikram ul Dowlah, +brother to the Nabob Surajah ul Dowlah, sent for +Bissoo Beg's set of dancing-girls from Shahjehanabad, +of which Munny Begum was one, and allowed them +ten thousand rupees for their expenses, to dance at +the wedding. While the ceremony was celebrating, +they were kept by the Nabob; but some months afterwards +he dismissed them, and they took up their residence +in this city. Mir Mahomed Jaffier Khân then +took them into keeping, and allowed Munny and her +set five hundred rupees per month, till at length, +finding that Munny was pregnant, he took her into +his own house. She gave birth to the Nabob Nujim +ul Dowlah, and in this manner has she remained in +the Nabob's family ever since."</p> + +<p>Now it required a very peculiar mode of selection +to take such a woman, so circumstanced, (resembling +whom there was not just such another,) to depose +the Nabob's own mother from the superiority of the +household, and to substitute this woman. It would +have been an abominable abuse, and would have implied +corruption in the grossest degree, if Mr. Hastings +had stopped there. He not only did this, but he +put <i>her</i>, this woman, in the very place of Mahomed +Reza Khân: he made her guardian, he made her +regent, he made her viceroy, he made her the representative +of the native government of the country in +the eyes of strangers. There was not a trust, not a +dignity in the country, which he did not put, during +the minority of this unhappy person, her step-son, into +the hands of this woman.</p> + +<p>Reject, if you please, the strong presumption of +corruption in disobeying the order of the Company<span class='pagenum'><a name="Page_197" id="Page_197">{197}</a></span> +directing him to select a <i>man</i> fit to supply the place +of Mahomed Reza Khân, to exercise all the great and +arduous functions of government and of justice, as +well as the regulation of the Nabob's household; and +then I will venture to say, that neither your Lordships, +nor any man living, when he hears of this +appointment, does or can hesitate a moment in concluding +that it is the result of corruption, and that +you only want to be informed what the corruption +was. Here is such an arrangement as I believe never +was before heard of: a secluded woman in the place +of a man of the world; a fantastic dancing-girl in the +place of a grave magistrate; a slave in the place of a +woman of quality; a common prostitute made to superintend +the education of a young prince; and a +step-mother, a name of horror in all countries, made +to supersede the natural mother from whose body the +Nabob had sprung.</p> + +<p>These are circumstances that leave no doubt of +the grossest and most flagrant corruption. But was +there no application made to Mr. Hastings upon that +occasion? The Nabob's uncle, whom Mr. Hastings +declares to be a man of no dangerous ambition, no +alarming parts, no one quality that could possibly exclude +him from that situation, makes an application +to Mr. Hastings for that place, and was by Mr. Hastings +rejected. The reason he gives for his rejection +is, because he cannot put any man in it without danger +to the Company, who had ordered him to put +a man into it. One would imagine the trust to be +placed in him was such as enabled him to overturn +the Company in a moment. Now the situation in +which the Nabob's uncle, Yeteram ul Dowlah, would +have been placed was this: he would have had no<span class='pagenum'><a name="Page_198" id="Page_198">{198}</a></span> +troops, he would have had no treasury, he would have +had no collections of revenue, nothing, in short, that +could have made him dangerous, but he would have +been an absolute pensioner and dependant upon the +Company, though in high office; and the least attempt +to disturb the Company, instead of increasing, +would have been subversive of his own power. If +Mr. Hastings should still insist that there might be +danger from the appointment of a man, we shall prove +that he was of opinion that there could be no danger +from any one,—that the Nabob himself was a mere +shadow, a cipher, and was kept there only to soften +the English government in the eyes and opinion of +the natives.</p> + +<p>My Lords, I will detail these circumstances no +further, but will bring some collateral proofs to show +that Mr. Hastings was at that very time conscious of +the wicked and corrupt act he was doing. For, besides +this foolish principle of policy, which he gives +as a reason for defying the orders of the Company, +and for insulting the country, that had never before +seen a woman in that situation, and <i>his</i> declaration +to the Company, that their government cannot +be supported by private justice, (a favorite maxim, +which he holds upon all occasions,) besides these +reasons which he gave for his politic injustice, he +gives the following. The Company had ordered that +30,000<i>l.</i> should be given to the person appointed. +He knew that the Company could never dream of +giving this woman 30,000<i>l.</i> a year, and he makes use +of that circumstance to justify him in putting her +in that place: for he says, the Company, in the distressed +state of its affairs, could never mean to give +30,000<i>l.</i> a year for the office which they order to be<span class='pagenum'><a name="Page_199" id="Page_199">{199}</a></span> +filled; and accordingly, upon principles of economy, +as well as upon principles of prudence, he sees there +could be no occasion for giving this salary, and that +it will be saved to the Company. But no sooner had +he given her the appointment than that appointment +became a ground for giving her that money. The +moment he had appointed her, he overturns the very +principle upon which he had appointed her, and gives +the 30,000<i>l.</i> to her, and the officers under her, saving +not one shilling to the Company by this infamous +measure, which he justified only upon the principle +of economy. The 30,000<i>l.</i> was given, the principle +of economy vanished, a shocking arrangement was +made, and Bengal saw a dancing-girl administering +its justice, presiding over all its remaining power, +wealth, and influence, exhibiting to the natives of the +country their miserable state of degradation, and the +miserable dishonor of the English Company in Mr. +Hastings's abandonment of all his own pretences.</p> + +<p>But there is a still stronger presumption. The +Company ordered that this person, who was to have +the management of the Nabob's revenue, and who +was to be his guardian, should keep a strict account, +which account should be annually transmitted to the +Presidency, and by the Presidency to Europe; and +the purpose of it was, to keep a control upon the reduced +expenses of the sixteen lac which were ordered +in the manner I mentioned. Your Lordships will +naturally imagine that that control was kept safe. +No, here is the order of the Directors, and you will +see how Mr. Hastings obeyed it.</p> + +<p>"As the disbursement of the sums allotted to the +Nabob for the maintenance of his household and family +and the support of his dignity will pass through<span class='pagenum'><a name="Page_200" id="Page_200">{200}</a></span> +the hands of the minister who shall be selected by +you, conformable to our preceding orders, we expect +that you will require such minister to deliver annually +to your board a regular and exact account of the +application of the several sums paid by the Company +to the Nabob. This you will strictly examine; and we +trust that you will not suffer any part of the Nabob's +stipend to be appropriated to the minister's own use, +or wasted among the unnecessary dependants of the +court, but that the whole amount be applied to the +purposes for which it was assigned by us."</p> + +<p>One would have imagined, that, after Mr. Hastings +had made so suspicious an arrangement, (I will not +call it by any worse name,) he would have removed +all suspicion with regard to money,—that he would +have obeyed the Company by constituting the control +which they had ordered to be placed over a man, +even a fit man, and a man worthy of the trust committed +to him. But what is his answer, when three +years after he is desired to produce this account? +His answer is,—"I can save the board the trouble +of this reference by acquainting them that no such +accounts have ever been transmitted, nor, as I can +affirm with most certain knowledge, any orders given +for that purpose, either to Gourdas, to whose office it +did not properly belong, nor to the Begum, who had +the actual charge and responsibility of those disbursements."</p> + +<p>He has given to this woman the charge of all the +disbursements of the Company; the officer whom +you would imagine would be responsible was not responsible, +but to this prostitute and dancing-girl the +whole of the revenue was given; when he was ordered +to transmit that account, he not only did not<span class='pagenum'><a name="Page_201" id="Page_201">{201}</a></span> +produce that account, but had given no order that it +should be kept: so that no doubt can be left upon +your Lordships' minds, that the sixteen lac, which +were reserved for the support of the dignity of the +government of that country, were employed for the +purpose of Mr. Hastings's having a constant bank, +from which he should draw every corrupt emolument +he should think fit for himself and his associates. +Thus your Lordships see that he appointed an improper +person to the trust without any control, and +that the very accounts which were to be the guardians +of his purity, and which were to remove suspicion +from him, he never so much as directed or ordered. +If any one can doubt that that transaction +was in itself corrupt, I can only say that his mind +must be constituted in a manner totally different +from that which prevails in any of the higher or lower +branches of judicature in any country in the world. +The suppression of an account is a proof of corruption.</p> + +<p>When Mr. Hastings committed these acts of violence +against Mahomed Reza Khân, when he proceeded +to make arrangements in the Company's affairs of +the same kind with those in which corruption had +been before exercised, he was bound by a particular +responsibility that there should be nothing mysterious +in his own conduct, and that at least all the accounts +should be well kept. He appointed a person nominally +for that situation,—namely, the Rajah Gourdas. +Who was he? A person acting, he says, under +the influence of Rajah Nundcomar, whom he had +declared was not fit to be employed or trusted: all +the offices were filled by him. But had Rajah Gourdas, +whose character is that of an excellent man,<span class='pagenum'><a name="Page_202" id="Page_202">{202}</a></span> +against whom there could lie no reasonable objection +on account of his personal character, and whose want +of talents was to be supplied by those of Nundcomar, +(and of <i>his</i> parts Mr. Hastings spoke as highly as +possible,)—had he, I say, the management? No: +but Munny Begum. Did she keep any accounts? +No.</p> + +<p>Mr. Hastings was ordered, and a very disagreeable +and harsh order it was, to take away one half of the +Nabob's allowance which he had by treaty. I do +not charge Mr. Hastings with this reduction: he had +nothing to do with that. Sixteen lac were cut off, +and sixteen left; these two sums had been distributed, +one for the support of the seraglio and the dignity +of the state, the other for the court establishment +and the household. The sixteen lac which was left, +therefore, required to be well economized, and well +administered. There was a rigor in the Company's +order relative to it, which was, that it should take +place from an antedated time, that is, a whole year +prior to the communication of their order to the +Nabob. The order was, that the Nabob's stipend +should be reduced to sixteen lac a year from the +month of January. Mr. Hastings makes this reflection +upon it, in order to leave no doubt upon your +mind of his integrity in administering that great +trust: he says,—</p> + +<p>"Your order for the reduction of the Nabob's stipend +was communicated to him in the month of December, +1771. He remonstrated against it, and desired +it might be again referred to the Company. +The board entirely acquiesced in his remonstrance, +and the subsequent payments of his stipend were paid +as before. I might easily have availed myself of this<span class='pagenum'><a name="Page_203" id="Page_203">{203}</a></span> +plea. I might have treated it as an act of the past +government, with which I had no cause to interfere, +and joined in asserting the impossibility of his defraying +the vast expense of his court and household without +it, which I could have proved by plausible arguments, +drawn from the actual amount of the nizamut +and bhela establishments; and both the Nabob and +Begum would have liberally purchased my forbearance. +Instead of pursuing this plan, I carried your +orders rigidly and literally into execution. I undertook +myself the laborious and reproachful task of +limiting his charges, from an excess of his former +stipend, to the sum of his reduced allowance."</p> + +<p>He says in another place,—"The stoppage of the +king's tribute was an act of mine, and I have been +often reproached with it. It was certainly in my power +to have continued the payment of it, and to have +made my terms with the king for any part of it which +I might have chosen to reserve for my own use. He +would have thanked me for the remainder."</p> + +<p>My Lords, I believe it is a singular thing, and what +your Lordships have been very little used to, to see a +man in the situation of Mr. Hastings, or in any situation +like it, so ready in knowing all the resources +by which sinister emolument may be made and concealed, +and which, under pretences of public good, +may be transferred into the pocket of him who uses +those pretences. He is resolved, if he is innocent, that +his innocence shall not proceed from ignorance. He +well knows the ways of falsifying the Company's accounts; +he well knows the necessities of the natives, +and he knows that by paying a part of their dues they +will be ready to give an acquittance of the whole. +These are parts of Mr. Hastings's knowledge of which<span class='pagenum'><a name="Page_204" id="Page_204">{204}</a></span> +your Lordships will see he also well knows how to +avail himself.</p> + +<p>But you would expect, when he reduced the allowance +to sixteen lac, and took credit to himself as if +he had done the thing which he professed, and had +argued from his rigor and cruelty his strict and literal +obedience to the Company, that he had in reality +done it. The very reverse: for it will be in proof, +that, after he had pretended to reduce the Company's +allowance, he continued it a twelvemonth from the +day in which he said he had entirely executed it, to +the amount of 90,000<i>l.</i>, and entered a false account +of the suppression in the Company's accounts; and +when he has taken a credit as under pretence of reducing +that allowance, he paid 90,000<i>l.</i> more than he +ought. Can you, then, have a doubt, after all these +false pretences, after all this fraud, fabrication, and +suppression which he made use of, that that 90,000<i>l.</i>, +of which he kept no account and transmitted no account, +was money given to himself for his own private +use and advantage?</p> + +<p>This is all that I think necessary to state to your +Lordships upon this monstrous part of the arrangement; +and therefore, from his rigorous obedience in +cases of cruelty, and, where control was directed, +from his total disobedience, and from his choice of +persons, from his suppression of the accounts that +ought to have been produced, and falsifying the accounts +that were kept, there arises a strong inference +of corruption. When your Lordships see all this in +proof, your Lordships will justify me in saying that +there never was (taking every part of the arrangement) +such a direct, open violation of any trust.—I +shall say no more with regard to the appointment of +Munny Begum.<span class='pagenum'><a name="Page_205" id="Page_205">{205}</a></span></p> + +<p>My Lords, here ended the first scene, and here ends +that body of presumption arising from the transaction +and inherent in it. My Lords, the next scene +that I am to bring before you is the positive proof of +corruption in this transaction, in which I am sure +you already see that corruption must exist. The +charge was brought by a person in the highest trust +and confidence with Mr. Hastings, a person employed +in the management of the whole transaction, a person +to whom the management, subordinate to Munny Begum, +of all the pecuniary transactions, and all the arrangements +made upon that occasion, was intrusted.</p> + +<p>On the 11th day of March, 1775, Nundcomar gives +to Mr. Francis, a member of the Council, a charge +against Mr. Hastings, consisting of two parts. The +first of these charges was a vast number of corrupt +dealings, with respect to which he was the informer, +not the witness, but to which he indicated the modes +of inquiry; and they are corrupt dealings, as Mr. +Hastings himself states them, amounting to millions +of rupees, and in transactions every one of which implies +in it the strongest degree of corruption. The +next part was of those to which he was not only an +informer, but a witness, in having been the person +who himself transmitted the money to Mr. Hastings +and the agents of Mr. Hastings; and accordingly, +upon this part, which is the only part we charge, his +evidence is clear and full, that he gave the money +to Mr. Hastings,—he and the Begum (for I put +them together). He states, that Mr. Hastings received +for the appointment of Munny Begum to the +rajahship two lacs of rupees, or about 22,000<i>l.</i>, and +that he received in another gross sum one lac and +a half of rupees: in all making three lac and a half,<span class='pagenum'><a name="Page_206" id="Page_206">{206}</a></span> +or about 36,000<i>l.</i> This charge was signed by the +man, and accompanied with the account.</p> + +<p>Mr. Hastings, on that day, made no reflection or +observation whatever upon this charge, except that +he attempted to excite some suspicion that Mr. Francis, +who had produced it, was concerned in the +charge, and was the principal mover in it. He asks +Mr. Francis that day this question:—</p> + +<p>"The Governor-General observes, as Mr. Francis +has been pleased to inform the board that he was unacquainted +with the contents of the letter sent in to +the board by Nundcomar, that he thinks himself justified +in carrying his curiosity further than he should +have permitted himself without such a previous intimation, +and therefore begs leave to ask Mr. Francis +whether he was before this acquainted with Nundcomar's +intention of bringing such charges against him +before the board.</p> + +<p>"<i>Mr. Francis.</i>—As a member of this Council, I +do not deem myself obliged to answer any question +of mere curiosity. I am willing, however, to inform +the Governor-General, that, though I was totally unacquainted +with the contents of the paper I have now +delivered in to the board till I heard it read, I did +apprehend in general that it contained some charge +against him. It was this apprehension that made +me so particularly cautious in the manner of receiving +the Rajah's letter. I was not acquainted with +Rajah Nundcomar's intention of bringing in such +charges as are mentioned in the letter.</p> + +<p class="noindent"> +<span style="margin-left: 12em;">"WARREN HASTINGS.<br /></span> +<span style="margin-left: 12.5em;">J. CLAVERING.<br /></span> +<span style="margin-left: 12.5em;">GEO. MONSON.<br /></span> +<span style="margin-left: 12.5em;">P. FRANCIS."<br /></span></p> +<p><span class='pagenum'><a name="Page_207" id="Page_207">{207}</a></span></p> + +<p>Now what the duty of Mr. Hastings and the Council +was, upon receiving such information, I shall beg +leave to state to your Lordships from the Company's +orders; but, before I read them, I must observe, +that, in pursuance of an act of Parliament, which was +supposed to be made upon account of the neglect of +the Company, as well as the neglects of their servants, +and for which general neglects responsibility +was fixed upon the Company for the future, while +for the present their authority was suspended, and a +Parliamentary commission sent out to regulate their +affairs, the Company did, upon that occasion, send +out a general code and body of instructions to be +observed by their servants, in the 35th paragraph of +which it is said,—</p> + +<p>"We direct that you immediately cause the strictest +inquiry to be made into all oppressions which may +have been committed either against the natives or +Europeans, and into all abuses that may have prevailed +in the collection of the revenues, or any part +of the civil government of the Presidency: and that +you communicate to us all information which you +may be able to learn relative thereto, or to any dissipation +or embezzlement of the Company's money."</p> + +<p>Your Lordships see here that there is a direct duty +fixed upon them to forward, to promote, to set on foot, +without exception of any persons whatever, an inquiry +into all manner of corruption, peculation, and oppression. +Therefore this charge of Nundcomar's was a +case exactly within the Company's orders; such a +charge was not sought out, but was actually laid before +them; but if it had not been actually laid before +them, if they had any reason to suspect that such corruptions +existed, they were bound by this order to +make an active inquiry into them.<span class='pagenum'><a name="Page_208" id="Page_208">{208}</a></span></p> + +<p>Upon that day (11th March, 1775) nothing further +passed; and, on the part of Mr. Hastings, that charge, +as far as we can find, might have stood upon the records +forever, without his making the smallest observation +upon it, or taking any one step to clear his +own character. But Nundcomar was not so inattentive +to his duties as an accuser as Mr. Hastings was +to his duties as an inquirer; for, without a moment's +delay, upon the first board-day, two days after, Nundcomar +came and delivered the following letter.</p> + +<p>"I had the honor to lay before you, in a letter of +the 11th instant, an abstracted, but true account of +the Honorable Governor in the course of his administration. +What is there written I mean not the least +to alter: far from it. I have the strongest written +vouchers to produce in support of what I have advanced; +and I wish and entreat, for my honor's +sake, that you will suffer me to appear before you, +to establish the fact by an additional, incontestable +evidence."</p> + +<p>My Lords, I will venture to say, if ever there was +an accuser that appeared well and with weight before +any court, it was this man. He does not shrink from +his charge; he offered to meet the person he charged +face to face, and to make good his charge by his own +evidence, and further evidence that he should produce. +Your Lordships have also seen the conduct +of Mr. Hastings on the first day; you have seen his +acquiescence under it; you have seen the suspicion he +endeavored to raise. Now, before I proceed to what +Mr. Hastings thought of it, I must remark upon this +accusation, that it is a specific accusation, coming +from a person knowing the very transaction, and +known to be concerned in it,—that it was an accusa<span class='pagenum'><a name="Page_209" id="Page_209">{209}</a></span>tion +in writing, that it was an accusation with a signature, +that it was an accusation with a person to make +it good, that it was made before a competent authority, +and made before an authority bound to inquire +into such accusation. When he comes to produce his +evidence, he tells you, first, the sums of money given, +the species in which they were given, the very bags +in which they were put, the exchange that was made +by reducing them to the standard money of the country; +he names all the persons through whose hands +the whole transaction went, eight in number, besides +himself, Munny Begum, and Gourdas, being eleven, +all referred to in this transaction. I do believe that +since the beginning of the world there never was an +accusation which was more deserving of inquiry, because +there never was an accusation which put a false +accuser in a worse situation, and that put an honest +defendant in a better; for there was every means of +collation, every means of comparison, every means of +cross-examining, every means of control. There was +every way of sifting evidence, in which evidence could +be sifted. Eleven witnesses to the transaction are +referred to; all the particulars of the payment, every +circumstance that could give the person accused the +advantage of showing the falsehood of the accusation, +were specified. General accusations may be treated +as calumnies; but particular accusations, like these, +afford the defendant, if innocent, every possible means +for making his defence: therefore the very making +no defence at all would prove, beyond all doubt, a +consciousness of guilt.</p> + +<p>The next thing for your Lordships' consideration +is the conduct of Mr. Hastings upon this occasion. +You would imagine that he would have treated the<span class='pagenum'><a name="Page_210" id="Page_210">{210}</a></span> +accusation with a cold and manly disdain; that he +would have challenged and defied inquiry, and desired +to see his accuser face to face. This is what +any man would do in such a situation. I can conceive +very well that a man composed, firm, and collected +in himself, conscious of not only integrity, but +known integrity, conscious of a whole life beyond the +reach of suspicion,—that a man placed in such a +situation might oppose general character to general +accusation, and stand collected in himself, poised on +his own base, and defying all the calumnies in the +world. But as it shows a great and is a proof of a +virtuous mind to despise calumny, it is the proof of +a guilty mind to despise a specific accusation, when +made before a competent authority, and with competent +means to prove it. As Mr. Hastings's conduct +was what no man living expected, I will venture to +say that no expression can do it justice but his own. +Upon reading the letter, and a motion being made +that Rajah Nundcomar be brought before the board +to prove the charge against the Governor-General, +the Governor-General enters the following minute.</p> + +<p>"Before the question is put, I declare that I will +not suffer Nundcomar to appear before the board as +my accuser. I know what belongs to the dignity and +character of the first member of this administration. +I will not sit at this board in the character of a criminal, +nor do I acknowledge the members of this board +to be my judges. I am reduced on this occasion to +make the declaration, that I look upon General Clavering, +Colonel Monson, and Mr. Francis as my accusers. +I cannot prove this in the direct letter of the +law, but in my conscience I regard them as such, and +I will give my reasons for it. On their arrival at this<span class='pagenum'><a name="Page_211" id="Page_211">{211}</a></span> +place, and on the first formation of the Council, they +thought proper to take immediate and decisive measures +in contradiction and for the repeal of those which +were formed by me in conjunction with the last administration. +I appealed to the Court of Directors +from their acts. Many subsequent letters have been +transmitted both by them and by me to the Court of +Directors: by me, in protestation against their conduct; +by them, in justification of it. Quitting this +ground, they since appear to me to have chosen other +modes of attack, apparently calculated to divert my +attention and to withdraw that of the public from the +subject of our first differences, which regarded only +the measures that were necessary for the good of the +service, to attacks directly and personally levelled at +me for matters which tend to draw a personal and +popular odium upon me: and fit instruments they +have found for their purpose,—Mr. Joseph Fowke, +Mahrajah Nundcomar, Roopnarain Chowdry, and the +Ranny of Burdwan.</p> + +<p>"It appears incontestably upon the records that the +charges preferred by the Ranny against me proceeded +from the office of Mr. Fowke. All the papers transmitted +by her came in their original form written in +the English language,—some with Persian papers, of +which they were supposed to be translations, but all +strongly marked with the character and idiom of the +English language. I applied on Saturday last for Persian +originals of some of the papers sent by her, and +I was refused: I am justified in declaring my firm +belief that no such originals exist.</p> + +<p>"With respect to Nundcomar's accusations, they +were delivered by the hands of Mr. Francis, who has +declared that he was called upon by Rajah Nund<span class='pagenum'><a name="Page_212" id="Page_212">{212}</a></span>comar, +as a duty belonging to his office as a councillor +of this state, to lay the packet which contained +them before the board,—that he conceived that he +could not, consistent with his duty, refuse such a letter +at the instance of a person of the Rajah's rank, +and did accordingly receive it, and laid it before the +board,—declaring at the same time that he was unacquainted +with the contents of it. I believe that +the Court of Directors, and those to whom those proceedings +shall be made known, will think differently +of this action of Mr. Francis: that Nundcomar was +guilty of great insolence and disrespect in the demand +which he made of Mr. Francis; and that it was not +a duty belonging to the office of a councillor of this +state to make himself the carrier of a letter, which +would have been much more properly committed to +the hands of a peon or hircarra, or delivered by the +writer of it to the secretary himself.</p> + +<p>"Mr. Francis has acknowledged that he apprehended +in general that it contained some charge against +me. If the charge was false, it was a libel. It might +have been false for anything that Mr. Francis could +know to the contrary, since he was unacquainted +with the contents of it. In this instance, therefore, +he incurred the hazard of presenting a libel to the +board: this was not a duty belonging to his office +as a councillor of this state. I must further inform +the board that I have been long since acquainted +with Nundcomar's intentions of making this attack +upon me. Happily, Nundcomar, among whose talents +for intrigue that of secrecy is not the first, has been +ever too ready to make the first publication of his +own intentions. I was shown a paper containing +many accusations against me, which I was told was<span class='pagenum'><a name="Page_213" id="Page_213">{213}</a></span> +carried by Nundcomar to Colonel Monson, and that +he himself was employed for some hours in private +with Colonel Monson, explaining the nature of those +charges.</p> + +<p>"I mention only what I was told; but as the rest +of the report which was made to me corresponds +exactly with what has happened since, I hope I shall +stand acquitted to my superiors and to the world in +having given so much credit to it as to bring the circumstance +upon record. I cannot recollect the precise +time in which this is said to have happened, but +I believe it was either before or at the time of the +dispatch of the 'Bute' and 'Pacific.' The charge +has since undergone some alteration; but of the copy +of the paper which was delivered to me, containing the +original charge, I caused a translation to be made; +when, suspecting the renewal of the subject in this +day's consultation, I brought it with me, and I desire +it may be recorded, that, when our superiors, or the +world, if the world is to be made the judge of my +conduct, shall be possessed of these materials, they +may, by comparing the supposed original and amended +list of accusations preferred against me by Nundcomar, +judge how far I am justified in the credit +which I give to the reports above mentioned. I do +not mean to infer from what I have said that it makes +any alteration in the nature of the charges, whether +they were delivered immediately from my ostensible +accusers, or whether they came to the board through +the channel of patronage; but it is sufficient to authorize +the conviction which I feel in my own mind, +that those gentlemen are parties in the accusations of +which they assert the right of being the judges.</p> + +<p>"From the first commencement of this administra<span class='pagenum'><a name="Page_214" id="Page_214">{214}</a></span>tion, +every means have been tried both to deprive me +of the legal authority with which I have been trusted, +and to proclaim the annihilation of it to the world; +but no instance has yet appeared of this in so extraordinary +a degree as in the question now before the +board. The chief of the administration, your superior, +Gentlemen, appointed by the legislature itself, shall I +sit at this board to be arraigned in the presence of a +wretch whom you all know to be one of the basest of +mankind? I believe I need not mention his name; +but it is Nundcomar. Shall I sit here to hear men +collected from the dregs of the people give evidence, +at his dictating, against my character and conduct? +I will not. You may, if you please, form yourselves +into a committee for the investigation of these matters +in any manner which you may think proper; but +I will repeat, that I will not meet Nundcomar at the +board, nor suffer Nundcomar to be examined at the +board; nor have you a right to it, nor can it answer +any other purpose than that of vilifying and insulting +me to insist upon it.</p> + +<p>"I am sorry to have found it necessary to deliver +my sentiments on a subject of so important a nature +in an unpremeditated minute, drawn from me at the +board, which I should have wished to have had leisure +and retirement to have enabled me to express myself +with that degree of caution and exactness which the +subject requires. I have said nothing but what I +believe and am morally certain I shall stand justified +for in the eyes of my superiors and the eyes of the +world; but I reserve to myself the liberty of adding +my further sentiments in such a manner and form as +I shall hereafter judge necessary."</p> + +<p>My Lords, you see here the picture of Nundcomar<span class='pagenum'><a name="Page_215" id="Page_215">{215}</a></span> +drawn by Mr. Hastings himself; you see the hurry, +the passion, the precipitation, the confusion, into which +Mr. Hastings is thrown by the perplexity of detected +guilt; you see, my Lords, that, instead of defending +himself, he rails at his accuser in the most indecent +language, calling him a wretch whom they all knew +to be the basest of mankind,—that he rails at the +Council, by attributing their conduct to the worst of +motives,—that he rails at everybody, and declares +the accusation to be a libel: in short, you see plainly +that the man's head is turned. You see there is not +a word he says upon this occasion which has common +sense in it; you see one great leading principle in it,—that +he does not once attempt to deny the charge. +He attempts to vilify the witness, he attempts to vilify +those he supposes to be his accusers, he attempts +to vilify the Council; he lags upon the accusation, he +mixes it with other accusations, which had nothing +to do with it, and out of the whole he collects a resolution—to +do what? To meet his adversary and +defy him? No,—that he will not suffer him to +appear before him: he says, "I will not sit at this +board in the character of a criminal, nor do I acknowledge +the board to be my judges."</p> + +<p>He was not called upon to acknowledge them to be +his judges. Both he and they were called upon to inquire +into all corruptions without exception. It was +his duty not merely [not?] to traverse and oppose +them while inquiring into acts of corruption, but he +was bound to take an active part in it,—that if they +had a mind to let such a thing sleep upon their records, +it was his duty to have brought forward the inquiry. +They were not his judges, they were not his +accusers; they were his fellow-laborers in the inquiry<span class='pagenum'><a name="Page_216" id="Page_216">{216}</a></span> +ordered by the Court of Directors, their masters, and +by which inquiry he might be purged of that corruption +with which he stood charged.</p> + +<p>He says, "Nundcomar is a wretch whom you all +know to be the basest of mankind." I believe they +did not know the man to be a wretch, or the basest of +mankind; but if he was a wretch, and if he was the +basest of mankind, if he was guilty of all the crimes +with which we charge Mr. Hastings, (not one of which +was ever proved against him,)—if any of your Lordships +were to have the misfortune to be before this tribunal, +before any inquest of the House of Commons, +or any other inquest of this nation, would you not say +that it was the greatest possible advantage to you that +the man who accused you was a miscreant, the vilest +and basest of mankind, by the confession of all the +world? Do mankind really, then, think that to be accused +by men of honor, of weight, of character, upon +probable charges, is an advantage to them, and that +to be accused by the basest of mankind is a disadvantage? +No: give me, if ever I am to have accusers, +miscreants, as he calls him,—wretches, the basest and +vilest of mankind. "The board," says he, "are my +accusers." If they were, it was their duty; but they +were not his accusers, but were inquiring into matters +which it was equally his duty to inquire into. +He would not suffer Nundcomar to be produced; he +would not suffer Nundcomar to be examined; he +rather suffered such an accusation to stand against +his name and character than permit it to be inquired +into. Do I want any other presumption of his guilt, +upon such an occasion, than such conduct as this?</p> + +<p>This man, whom he calls a wretch, the basest and +vilest of mankind, was undoubtedly, by himself, in the<span class='pagenum'><a name="Page_217" id="Page_217">{217}</a></span> +records of the Company, declared to be one of the +first men of that country, everything that a subject +could be, a person illustrious for his birth, sacred with +regard to his caste, opulent in fortune, eminent in +situation, who had filled the very first offices in that +country; and that he was, added to all this, a man +of most acknowledged talents, and of such a superiority +as made the whole people of Bengal appear to +be an inferior race of beings compared to him,—a +man whose outward appearance and demeanor used +to cause reverence and awe, and who at that time was +near seventy years of age, which, without any other +title, generally demands respect from mankind. And +yet this man he calls the basest of mankind, a name +which no man is entitled to call another till he has +proved something to justify him in so doing; and +notwithstanding his opulence, his high rank, station, +and birth, he despises him, and will not suffer him to +be heard as an accuser before him. I will venture to +say that Mr. Hastings, in so doing, whether elevated +by philosophy or inflated by pride, is not like the rest +of mankind. We do know, that, in all accusations, +a great part of their weight and authority comes from +the character, the situation, the name, the description, +the office, the dignity of the persons who bring them; +mankind are so made, we cannot resist this prejudice; +and it has weight, and ever will have <i>primâ facie</i> +weight, in all the tribunals in the world. If, therefore, +Rajah Nundcomar was a man who (it is not degrading +to your Lordships to say) was equal in rank, +according to the idea of his country, to any peer in +this House, as sacred as a bishop, of as much gravity +and authority as a judge, and who was prime-minister +in the country in which he lived, with what face can<span class='pagenum'><a name="Page_218" id="Page_218">{218}</a></span> +Mr. Hastings call this man a wretch, and say that he +will not suffer him to be brought before him? If, indeed, +joined with such circumstances, the accuser be +a person of bad morals, then, I admit, those bad morals +take away from their weight; but for a proof of that +you must have some other grounds than the charges +and the railing of the culprit against him.</p> + +<p>I might say that his passion is a proof of his guilt; +and there is an action which is more odious than the +crimes he attempts to cover,—<i>for he has murdered +this man by the hands of Sir Elijah Impey</i>; and if his +counsel should be unwise enough to endeavor to detract +from the credit of this man by the pretended +punishment to which he was brought, we will open +that dreadful scene to your Lordships, and you will +see that it does not detract from his credit, but brings +an eternal stain and dishonor upon the justice of +Great Britain: I say nothing further of it. As he +stood there, as he gave that evidence that day, the +evidence was to be received; it stands good, and is +a record against Mr. Hastings,—with this addition, +that he would not suffer it to be examined. He +railed at his colleagues. He says, if the charge was +false, they were guilty of a libel. No: it might have +been the effect of conspiracy, it might be punished in +another way; but if it was false, it was no libel. +And all this is done to discountenance inquiry, to +bring odium upon his colleagues for doing their duty, +and to prevent that inquiry which could alone clear +his character.</p> + +<p>Mr. Hastings had himself forgotten the character +which he had given of Nundcomar; but he says that +his colleagues were perfectly well acquainted with +him, and knew that he was a wretch, the basest of<span class='pagenum'><a name="Page_219" id="Page_219">{219}</a></span> +mankind. But before I read to you the character +which Mr. Hastings gave of him, when he recommended +him to the Presidency, (to succeed Mahomed Reza +Khân,) I am to let your Lordships understand fully +the purpose for which Mr. Hastings gave it. Upon +that occasion, all the Council, whom he stated to lie +under suspicion of being bought by Mahomed Reza +Khân, all those persons with one voice cried out +against Nundcomar; and as Mr. Hastings was known +to be of the faction the most opposite to Nundcomar, +they charged him with direct inconsistency in raising +Nundcomar to that exalted trust,—a charge which +Mr. Hastings could not repel any other way than by +defending Nundcomar. The weight of their objections +chiefly lay to Nundcomar's political character; +his moral character was not discussed in that proceeding. +Mr. Hastings says,—</p> + +<p>"The President does not take upon him to vindicate +the moral character of Nundcomar; his sentiments +of this man's former political conduct are not +unknown to the Court of Directors, who, he is persuaded, +will be more inclined to attribute his present +countenance of him to motives of zeal and fidelity to +the service, in repugnance perhaps to his own inclinations, +than to any predilection in his favor. He is +very well acquainted with most of the facts alluded +to in the minute of the majority, having been a principal +instrument in detecting them: nevertheless he +thinks it but justice to make a distinction between +the violation of a trust and an offence committed +against our government by a man who owed it no +allegiance, nor was indebted to it for protection, but, +on the contrary, was the minister and actual servant +of a master whose interest naturally suggested that<span class='pagenum'><a name="Page_220" id="Page_220">{220}</a></span> +kind of policy which sought, by foreign aids, and the +diminution of the power of the Company, to raise his +own consequence, and to reëstablish his authority. +He has never been charged with any instance of infidelity +to the Nabob Mir Jaffier, the constant tenor +of whose politics, from his first accession to the nizamut +till his death, corresponded in all points so exactly +with the artifices which were detected in his minister +that they may be as fairly ascribed to the one +as to the other: their immediate object was beyond +question the aggrandizement of the former, though +the latter had ultimately an equal interest in their +success. The opinion which the Nabob himself entertained +of the services and of the fidelity of Nundcomar +evidently appeared in the distinguished marks +which he continued to show him of his favor and confidence +to the latest hour of his life.</p> + +<p>"His conduct in the succeeding administration appears +not only to have been dictated by the same +principles, but, if we may be allowed to speak favorably +of any measures which opposed the views of our +own government and aimed at the support of an adverse +interest, surely it was not only not culpable, +but even praiseworthy. He endeavored, as appears +by the abstracts before us, to give consequence to his +master, and to pave the way to his independence, by +obtaining a firman from the king for his appointment +to the subahship; and he opposed the promotion +of Mahomed Reza Khân, because he looked upon +it as a supersession of the rights and authority of the +Nabob. He is now an absolute dependant and subject +of the Company, on whose favor he must rest all +his hopes of future advancement."</p> + +<p>The character here given of him is that of an excel<span class='pagenum'><a name="Page_221" id="Page_221">{221}</a></span>lent +patriot, a character which all your Lordships, in +the several situations which you enjoy or to which you +may be called, will envy,—the character of a servant +who stuck to his master against all foreign encroachments, +who stuck to him to the last hour of his life, and +had the dying testimony of his master to his services.</p> + +<p>Could Sir John Clavering, could Colonel Monson, +could Mr. Francis know that this man, of whom Mr. +Hastings had given that exalted character upon the +records of the Company, was the basest and vilest of +mankind? No, they ought to have esteemed him the +contrary: they knew him to be a man of rank, they +knew him to be a man perhaps of the first capacity +in the world, and they knew that Mr. Hastings had +given this honorable testimony of him on the records +of the Company but a very little time before; and +there was no reason why they should think or know, +as he expresses it, that he was the basest and vilest of +mankind. From the account, therefore, of Mr. Hastings +himself, he was a person competent to accuse, a +witness fit to be heard; and that is all I contend for. +Mr. Hastings would not hear him, he would not suffer +the charge he had produced to be examined into.</p> + +<p>It has been shown to your Lordships that Mr. +Hastings employed Nundcomar to inquire into the +conduct and to be the principal manager of a prosecution +against Mahomed Reza Khân. Will you suffer +this man to qualify and disqualify witnesses and +prosecutors agreeably to the purposes which his own +vengeance and corruption may dictate in one case, +and which the defence of those corruptions may dictate +in another? Was Nundcomar a person fit to be +employed in the greatest and most sacred trusts in +the country, and yet not fit to be a witness to the<span class='pagenum'><a name="Page_222" id="Page_222">{222}</a></span> +sums of money which he paid Mr. Hastings for those +trusts? Was Nundcomar a fit witness to be employed +and a fit person to be used in the prosecution of Mahomed +Reza Khân, and yet not fit to be employed +against Mr. Hastings, who himself had employed him +in the very prosecution of Mahomed Reza Khân?</p> + +<p>If Nundcomar was an enemy to Mr. Hastings, he +was an enemy to Mahomed Reza Khân; and Mr. +Hastings employed him, avowedly and professedly on +the records of the Company, on account of the very +qualification of that enmity. Was he a wretch, the +basest of mankind, when opposed to Mr. Hastings? +Was he not as much a wretch, and as much the basest +of mankind, when Mr. Hastings employed him in +the prosecution of the first magistrate and Mahometan +of the first descent in Asia? Mr. Hastings +shall not qualify and disqualify men at his pleasure; +he must accept them such as they are; and it is a +presumption of his guilt accompanying the charge, +(which I never will separate from it,) that he would +not suffer the man to be produced who made the accusation. +And I therefore contend, that, as the accusation +was so made, so witnessed, so detailed, so specific, +so entered upon record, and so entered upon +record in consequence of the inquiries ordered by the +Company, his refusal and rejection of inquiry into it +is a presumption of his guilt.</p> + +<p>He is full of his idea of dignity. It is right for +every man to preserve his dignity. There is a dignity +of station, which a man has in trust to preserve; +there is a dignity of personal character, which every +man by being made man is bound to preserve. But +you see Mr. Hastings's idea of dignity has no connection +with integrity; it has no connection with<span class='pagenum'><a name="Page_223" id="Page_223">{223}</a></span> +honest fame; it has no connection with the reputation +which he is bound to preserve. What, my +Lords, did he owe nothing to the Company that had +appointed him? Did he owe nothing to the legislature,—did +he owe nothing to your Lordships, and +to the House of Commons, who had appointed him? +Did he owe nothing to himself? to the country that +bore him? Did he owe nothing to the world, as to +its opinion, to which every public man owes a reputation? +What an example was here held out to the +Company's servants!</p> + +<p>Mr. Hastings says, "This may come into a court +of justice; it will come into a court of justice: I reserve +my defence on the occasion till it comes into a +court of justice, and here I make no opposition to it." +To this I answer, that the Company did not order +him so to reserve himself, but ordered him to be an +inquirer into those things. Is it a lesson to be taught +to the inferior servants of the Company, that, provided +they can escape out of a court of justice by the +back-doors and sally-ports of the law, by artifice of +pleading, by those strict and rigorous rules of evidence +which have been established for the protection +of innocence, but which by them might be turned to +the protection and support of guilt, that such an escape +is enough for them? that an Old Bailey acquittal +is enough to establish a fitness for trust? and if a +man shall go acquitted out of such a court, because +the judges are bound to acquit him against the conviction +of their own opinion, when every man in the +market-place knows that he is guilty, that he is fit +for a trust? Is it a lesson to be held out to the servants +of the Company, that, upon the first inquiry +which is made into corruption, and that in the high<span class='pagenum'><a name="Page_224" id="Page_224">{224}</a></span>est +trust, by the persons authorized to inquire into it, +he uses all the powers of that trust to quash it,—vilifying +his colleagues, vilifying his accuser, abusing +everybody, but never denying the charge? His associates +and colleagues, astonished at this conduct, +so wholly unlike everything that had ever appeared +of innocence, request him to consider a little better. +They declare they are not his accusers; they tell him +they are not his judges; that they, under the orders +of the Company, are making an inquiry which he +ought to make. He declares he will not make it. +Being thus driven to the wall, he says, "Why do you +not form yourselves into a committee? I won't suffer +these proceedings to go on as long as I am present." +Mr. Hastings plainly had in view, that, if the proceedings +had been before a committee, there would +have been a doubt of their authenticity, as not being +before a regular board; and he contended that there +could be no regular board without his own presence +in it: a poor, miserable scheme for eluding this inquiry; +partly by saying that it was carried on when he +was not present, and partly by denying the authority +of this board.</p> + +<p>I will have nothing to do with the great question +that arose upon the Governor-General's resolution to +dissolve a board, whether the board have a right to +sit afterwards; it is enough that Mr. Hastings would +not suffer them, as a Council, to examine into what, +as a Council, they were bound to examine into. He +absolutely declared the Council dissolved, when they +did not accept his committee, for which they had +many good reasons, as I shall show in reply, if necessary, +and which he could have no one good reason +for proposing;—he then declares the Council dis<span class='pagenum'><a name="Page_225" id="Page_225">{225}</a></span>solved. +The Council, who did not think Mr. Hastings +had a power to dissolve them while proceeding +in the discharge of their duty, went on as a Council. +They called in Nundcomar to support his charge: Mr. +Hastings withdrew. Nundcomar was asked what he +had to say further in support of his own evidence. +Upon which he produces a letter from Munny Begum, +the dancing-girl that I have spoken of, in which +she gives him directions and instructions relative to +his conduct in every part of those bribes; by which +it appears that the corrupt agreement for her office +was made with Mr. Hastings through Nundcomar, +before he had quitted Calcutta. It points out the +execution of it, and the manner in which every part +of the sum was paid: one lac by herself in Calcutta; +one lac, which she ordered Nundcomar to borrow, +and which he did borrow; and a lac and a half which +were given to him, Mr. Hastings, besides this purchase +money, under color of an entertainment. This +letter was produced, translated, examined, criticized, +proved to be sealed with the seal of the Begum, acknowledged +to have no marks but those of authenticity +upon it, and as such was entered upon the +Company's records, confirming and supporting the +evidence of Nundcomar, part by part, and circumstance +by circumstance. And I am to remark, that, +since this document, so delivered in, has never been +litigated or controverted in the truth of it, from that +day to this, by Mr. Hastings, so, if there was no +more testimony, here is enough, upon this business. +Your Lordships will remark that this charge consisted +of two parts: two lacs that were given explicitly +for the corrupt purchase of the office; and +one lac and a half given in reality for the same pur<span class='pagenum'><a name="Page_226" id="Page_226">{226}</a></span>pose, +but under the color of what is called an entertainment.</p> + +<p>Now in the course of these proceedings it was +thought necessary that Mr. Hastings's banian, Cantoo +Baboo, (a name your Lordships will be well acquainted +with, and who was the minister in this and all the +other transactions of Mr. Hastings,) should be called +before the board to explain some circumstances in +the proceedings. Mr. Hastings ordered his banian, +a native, not to attend the sovereign board appointed +by Parliament for the government of that country, +and directed to inquire into transactions of this nature. +He thus taught the natives not only to disobey +the orders of the Court of Directors, enforced by an +act of Parliament, but he taught his own servant to +disobey, and ordered him not to appear before the +board. Quarrels, duels, and other mischiefs arose. +In short, Mr. Hastings raised every power of heaven +and of hell upon this subject: but in vain: the inquiry +went on.</p> + +<p>Mr. Hastings does not meet Nundcomar: he was +afraid of him. But he was not negligent of his own +defence; for he flies to the Supreme Court of Justice. +He there prosecuted an inquiry against Nundcomar +for a conspiracy. Failing in that, he made other attempts, +and disabled Nundcomar from appearing before +the board by having him imprisoned, and thus +utterly crippled that part of the prosecution against +him. But as guilt is never able thoroughly to escape, +it did so happen, that the Council, finding monstrous +deficiencies in the Begum's affairs, finding the Nabob's +allowance totally squandered, that the most sacred +pensions were left unpaid, that nothing but disorder +and confusion reigned in all his affairs, that the Na<span class='pagenum'><a name="Page_227" id="Page_227">{227}</a></span>bob's +education was neglected, that he could scarcely +read or write, that there was scarcely any mark of a +man left in him except those which Nature had at +first imprinted,—I say, all these abuses being produced +in a body before them, they thought it necessary +to send up to inquire into them; and a considerable +deficiency or embezzlement appearing in the Munny +Begum's account of the young Nabob's stipend, she +voluntarily declared, by a writing under her seal, that +she had given 15,000<i>l.</i> to Mr. Hastings for an entertainment.</p> + +<p>Mr. Hastings, finding that the charge must come +fully against him, contrived a plan which your Lordships +will see the effects of presently, and this was, +to confound this lac and an half, or 15,000<i>l.</i>, with the +two lacs given directly and specifically as a bribe,—intending +to avail himself of this finesse whenever +any payment was to be proved of the two lacs, which +he knew would be proved against him, and which he +never did deny; and accordingly your Lordships will +find some confusion in the proofs of the payment of +those sums. The receipt of two lacs is proved by +Nundcomar, proved with all the means of detection +which I have stated; the receipt of the lac and a half +is proved by Munny Begum's letter, the authenticity +of which was established, and never denied by Mr. +Hastings. In addition to these proofs, Rajah Gourdas, +who had the management of the Nabob's treasury, +verbally gave an account perfectly corresponding +with that of Nundcomar and the Munny Begum's +letter; and he afterwards gave in writing an attestation, +which in every point agrees correctly with the +others. So that there are three witnesses upon this +business. And he shall not disqualify Rajah Gour<span class='pagenum'><a name="Page_228" id="Page_228">{228}</a></span>das, +because, whatever character he thought fit to +give Nundcomar, he has given the best of characters +to Rajah Gourdas, who was employed by Mr. Hastings +in occupations of trust, and therefore any objections +to his competency cannot exist. Having got +thus far, the only thing that remained was to examine +the records of the public offices, and see whether +any trace of these transactions was to be found there. +These offices had been thrown into confusion in the +manner you will hear; but, upon strict inquiry, there +was a <i>shomaster</i>, or office paper, produced, from which +it appears that the officer of the treasury, having +brought to the Nabob an account of one lac and a +half which he said had been given to Mr. Hastings, +desired to know from him under what head of expense +it should be entered, and that he, the Nabob, desired +him to put it under the head of expenses for entertaining +Mr. Hastings. If there had been a head of +entertainment established as a regular affair, the officer +would never have gone to the Nabob and asked +under what name to enter it; but he found an irregular +affair, and he did not know what head to put it +under. And from the whole of the proceedings it appears +that three lacs and a half were paid: two lac +by way of bribe, one lac and a half under the color of +an entertainment. Mr. Hastings endeavors to invalidate +the first obliquely, not directly, for he never directly +denied it; and he partly admits the second, in +hopes that all the proof of payment of the first charge +should be merged and confounded in the second. +And therefore your Lordships will see from the beginning +of that business till it came into the hands of +Mr. Smith, his agent, then appearing in the name and +character of agent and solicitor to the Company, that<span class='pagenum'><a name="Page_229" id="Page_229">{229}</a></span> +this was done to give some appearance and color to it +by a false representation, as your Lordships will see, +of every part of the transaction.</p> + +<p>The proof, then, of the two lacs rests upon the evidence +of Nundcomar, the letter of Munny Begum, +and the evidence of Rajah Gourdas. The evidence +of the lac and a half, by way of entertainment, was at +first the same; and afterwards begins a series of proofs +to which Mr. Hastings has himself helped us. For, in +the first place, he produces this office paper in support +of his attempt to establish the confusion between +the payment of the two lacs and of the lac and a half. +He did not himself deny that he received a lac and a +half, because with respect to that lac and a half he had +founded some principle of justification. Accordingly +this office paper asserts and proves this lac and a half +to have been given, in addition to the other proofs. +Then Munny Begum herself is inquired of. There is +a commission appointed to go up to her residence; +and the fact is proved to the satisfaction of Mr. Goring, +the commissioner. The Begum had put a paper +of accounts, through her son, into his hands, which +shall be given at your Lordships' bar, in which she +expressly said that she gave Mr. Hastings a lac and a +half for entertainment. But Mr. Hastings objects to +Mr. Goring's evidence upon this occasion. He wanted +to supersede Mr. Goring in the inquiry; and he +accordingly appoints, with the consent of the Council, +two creatures of his own to go and assist in that +inquiry. The question which he directs these commissioners +to put to Munny Begum is this:—"Was +the sum of money charged by you to be given to Mr. +Hastings given under an idea of entertainment customary, +or upon what other ground, or for what other<span class='pagenum'><a name="Page_230" id="Page_230">{230}</a></span> +reason?" He also desires the following questions +may be proposed to the Begum:—"Was any application +made to you for the account which you have +delivered of three lacs and a half of rupees said to +have been paid to the Governor and Mr. Middleton? +or did you deliver the account of your own free will, +and unsolicited?" My Lords, you see that with regard +to the whole three lacs and a half of rupees the +Begum had given an account which tended to confirm +the payment of them; but Mr. Hastings wanted to invalidate +that account by supposing she gave it under +restraint. The second question is,—"In what manner +was the application made to you, and by whom?" +But the principal question is this:—"On what account +was the one lac and a half given to the Governor-General +which you have laid to his account? +Was it in consequence of any requisition from him, +or of any previous agreement, or of any established +usage?" When a man asks concerning a sum of +money, charged to be given to him by another person, +on what account it was given, he does indirectly +admit that that money actually was paid, and wants +to derive a justification from the mode of the payment +of it; and accordingly that inference was drawn +from the question so sent up, and it served as an +instruction to Munny Begum; and her answer was, +that it was given to him, as an ancient usage and +custom, for an entertainment. So that the fact of +the gift of the money is ascertained by the question +put by Mr. Hastings to her, and her answer. +And thus at last comes his accomplice in this business, +and gives the fullest testimony to the lac and +a half.</p> + +<p>I must beg leave, before I go further, to state the<span class='pagenum'><a name="Page_231" id="Page_231">{231}</a></span> +circumstances of the several witnesses examined upon +this business. They were of two kinds: voluntary +witnesses, and accomplices forced by inquiry and examination +to discover their own guilt. Of the first +kind were Nundcomar and Rajah Gourdas: these +were the only two that can be said to be voluntary +in the business, and who gave their information without +much fear, though the last unwillingly, and with +a full sense of the danger of doing it. The other +was the evidence of his accomplice, Munny Begum, +wrung from her by the force of truth, in which she +confessed that she gave the lac and a half, and justifies +it upon the ground of its being a customary entertainment. +Besides this, there is the evidence of Chittendur, +who was one of Mr. Hastings's instruments, +and one of the Begum's servants. He, being prepared +to confound the two lacs with the one lac and +a half, says, upon his examination, that a lac and a +half was given; but upon examining into the particulars +of it, he proves that the sum he gave was two +lacs, and not a lac and a half: for he says that there +was a dispute about the other half lac; Nundcomar +demanded interest, which the Begum was unwilling +to allow, and consequently that half lac remained +unpaid. Now this half lac can be no part of the lac +and a half, which is admitted on all hands, and proved +by the whole body of concurrent testimony, to have +been given to Mr. Hastings in one lumping sum. +When Chittendur endeavors to confound it with the +lac and a half, he clearly establishes the fact that it +was a parcel of the two lacs, and thus bears evidence, +in attempting to prevaricate in favor of Mr. Hastings, +that one lac and a half was paid, which Mr. Hastings +is willing to allow; but when he enters into the<span class='pagenum'><a name="Page_232" id="Page_232">{232}</a></span> +particulars of it, he proves by the subdivision of the +payment, and by the non-payment of part of it, that +it accords with the two lacs, and not with the lac and +a half.</p> + +<p>There are other circumstances in these accounts +highly auxiliary to this evidence. The lac and a half +was not only attested by Rajah Gourdas, by the Begum, +by Chittendur, by the Begum again upon Mr. +Hastings's own question, indirectly admitted by Mr. +Hastings, proved by the orders for it to be written off +to expense, (such a body of proof as perhaps never +existed,) but there is one proof still remaining, namely, +a paper, which was produced before the Committee, +and which we shall produce to your Lordships. +It is an authentic paper, delivered in favor of Mr. +Hastings by Major Scott, who acted at that time as +Mr. Hastings's agent, to a committee of the House +of Commons, and authenticated to come from Munny +Begum herself. All this body of evidence we mean +to produce; and we shall prove, first, that he received +the two lacs,—and, secondly, that he received one lac +and a half under the name of entertainment. With +regard to the lac and a half, Mr. Hastings is so far +from controverting it, even indirectly, that he is +obliged to establish it by testimonies produced by himself, +in order to sink in that, if he can, the two lacs, +which he thinks he is not able to justify, but which he +fears will be proved against him. The lac and a half, +I do believe, he will not be advised to contest; but +whether he is or no, we shall load him with it, we +shall prove it beyond all doubt. But there are +other circumstances further auxiliary in this business, +which, from the very attempts to conceal it, +prove beyond doubt the fraudulent and wicked na<span class='pagenum'><a name="Page_233" id="Page_233">{233}</a></span>ture +of the transaction. In the account given by the +Begum, a lac, which is for Mr. Hastings's entertainment, +is entered in a suspicious neighborhood; for +there is there entered a lac of rupees paid for the +subahdarry sunnuds to the Mogul through the Rajah +Shitab Roy. Upon looking into the account, and comparing +it with another paper produced, the first thing +we find is, that this woman charges the sum paid to +be a sum due; and then she charges this one lac to +have been paid when the Mogul was in the hands of +the Mahrattas, when all communication with him was +stopped, and when Rajah Shitab Roy, who is supposed +to have paid it, was under confinement in the hands +of Mr. Hastings. Thus she endeavors to conceal the +lac of rupees paid to Mr. Hastings.</p> + +<p>In order to make this transaction, which, though +not in itself intricate, is in some degree made so by +Mr. Hastings, clear to your Lordships, we pledge ourselves +to give to your Lordships, what must be a great +advantage to the culprit himself, a syllabus, the heads +of all this charge, and of the proofs themselves, with +their references, to show how far the proof goes to +the two lacs, and then to the one lac and a half singly. +This we shall put in writing, that you may not +depend upon the fugitive memory of a thing not so +well, perhaps, or powerfully expressed as it ought to +be, and in order to give every advantage to the defendant, +and to give every facility to your Lordships' +judgment: and this will, I believe, be thought a clear +and fair way of proceeding. Your Lordships will +then judge whether Mr. Hastings's conduct at the +time, his resisting an inquiry, preventing his servant +appearing as an evidence, discountenancing and discouraging +his colleagues, raising every obstruction to<span class='pagenum'><a name="Page_234" id="Page_234">{234}</a></span> +the prosecution, dissolving the Council, preventing +evidence and destroying it as far as lay in his power +by collateral means, be not also such presumptive +proofs as give double force to all the positive +proof we produce against him.</p> + +<p>The lac and a half, I know, he means to support +upon the custom of entertainment; and your Lordships +will judge whether or not a man who was ordered +and had covenanted never to take more than +400<i>l.</i> could take 16,000<i>l.</i> under color of an entertainment. +That which he intends to produce as a +justification we charge, and your Lordships and the +world will think, to be the heaviest aggravation of his +crime. And after explaining to your Lordships the +circumstances under which this justification is made, +and leaving a just impression of them upon your +minds, I shall beg your Lordships' indulgence to finish +this member of the business to-morrow.</p> + +<p>It is stated and entered in the account, that an +entertainment was provided for Mr. Hastings at the +rate of 200<i>l.</i> a day. He stayed at Moorshedabad for +near three months; and thus you see that visits from +Mr. Hastings are pretty expensive things: it is at the +rate of 73,000<i>l.</i> a year for his entertainment. We +find that Mr. Middleton, an English gentleman who +was with him, received likewise (whether under the +same pretence I know not, and it does not signify) +another sum equal to it; and if these two gentlemen +had stayed in that country a year, their several allowances +would have been 146,000<i>l.</i> out of the Nabob's +allowance of 160,000<i>l.</i> a year: they would have eat +up nearly the whole of it. And do you wonder, my +Lords, that such guests and such hosts are difficult to +be divided? Do you wonder that such visits, when<span class='pagenum'><a name="Page_235" id="Page_235">{235}</a></span> +so well paid for and well provided for, were naturally +long? There is hardly a prince in Europe who would +give to another prince of Europe from his royal hospitality +what was given upon this occasion to Mr. +Hastings.</p> + +<p>Let us now see what was Mr. Hastings's business +during this long protracted visit. First, he tells you +that he came there to reduce all the state and dignity +of the Nabob. He tells you that he felt no compunction +in reducing that state; that the elephants, the +menagerie, the stables, all went without mercy, and +consequently all the persons concerned in them were +dismissed also. When he came to the abolition of the +pensions, he says,—"I proceeded with great pain, +from the reflection that I was the instrument in depriving +whole families, all at once, of their bread, and +reducing them to a state of penury: convinced of the +necessity of the measure, I endeavored to execute it +with great impartiality." Here he states the work +he was employed in, when he took this two hundred +pounds a day for his own pay. "It was necessary to +begin with reforming the useless servants of the court, +and retrenching the idle parade of elephants, menageries, +&c., which loaded the civil list. This cost +little regret in performing; but the Resident, who +took upon himself the chief share in this business, +acknowledges that he suffered considerably in his +feelings, when he came to touch on the pension list. +Some hundreds of persons of the ancient nobility of +the country, excluded, under our government, from +almost all employments, civil or military, had, ever +since the revolution, depended on the bounty of the +Nabob; and near ten lacs were bestowed that way. +It is not that the distribution was always made with<span class='pagenum'><a name="Page_236" id="Page_236">{236}</a></span> +judgment or impartial, and much room was left for a +reform; but when the question was to cut off entirely +the greatest part, it could not fail to be accompanied +with circumstances of real distress. The Resident +declares, that, even with some of the highest rank, +he could not avoid discovering, under all the pride +of Eastern manners, the manifest marks of penury +and want. There was, however, no room left for hesitation: +to confine the Nabob's expenses within the +limited sum, it was necessary that pensions should +be set aside."</p> + +<p>Here, my Lords, is a man sent to execute one of the +most dreadful offices that was ever executed by man,—to +cut off, as he says himself, with a bleeding heart, +the only remaining allowance made for hundreds of +the decayed nobility and gentry of a great kingdom, +driven by our government from the offices upon which +they existed. In this moment of anxiety and affliction, +when he says he felt pain and was cut to the heart to +do it,—at this very moment, when he was turning +over fourteen hundred of the ancient nobility and +gentry of this country to downright want of bread,—just +at that moment, while he was doing this act, and +feeling this act in this manner, from the collected +morsels forced from the mouths of that indigent and +famished nobility he gorged his own ravenous maw +with an allowance of two hundred pounds a day for +his entertainment. As we see him in this business, +this man is unlike any other: he is also never corrupt +but he is cruel; he never dines without creating a +famine; he does not take from the loose superfluity +of standing greatness, but falls upon the indigent, +the oppressed, and ruined; he takes to himself double +what would maintain them. His is unlike the gen<span class='pagenum'><a name="Page_237" id="Page_237">{237}</a></span>erous +rapacity of the noble eagle, who preys upon a +living, struggling, reluctant, equal victim; his is like +that of the ravenous vulture, who falls upon the decayed, +the sickly, the dying, and the dead, and only +anticipates Nature in the destruction of its object. +His cruelty is beyond his corruption: but there is +something in his hypocrisy which is more terrible +than his cruelty; for, at the very time when with +double and unsparing hands he executes a proscription, +and sweeps off the food of hundreds of the nobility +and gentry of a great country, his eyes overflow +with tears, and he turns the precious balm that +bleeds from wounded humanity, and is its best medicine, +into fatal, rancorous, mortal poison to the human +race.</p> + +<p>You have seen, that, when he takes two hundred +pounds a day for his entertainment, he tells you that +in this very act he is starving fourteen hundred of the +ancient nobility and gentry. My Lords, you have the +blood of nobles,—if not, you have the blood of men +in your veins: you feel as nobles, you feel as men. +What would you say to a cruel Mogul exactor, by +whom after having been driven from your estates, driven +from the noble offices, civil and military, which +you hold, driven from your bishoprics, driven from +your places at court, driven from your offices as +judges, and, after having been reduced to a miserable +flock of pensioners, your very pensions were at +last wrested from your mouths, and who, though at +the very time when those pensions were wrested from +you he declares them to have been the only bread of a +miserable decayed nobility, takes himself two hundred +pounds a day for his entertainment, and continues +it till it amounts to sixteen thousand pounds? I<span class='pagenum'><a name="Page_238" id="Page_238">{238}</a></span> +do think, that, of all the corruptions which he has not +owned, but has not denied, or of those which he does +in effect own, and of which he brings forward the +evidence himself, the taking and claiming under color +of an entertainment is ten times the most nefarious.</p> + +<p>I shall this day only further trouble your Lordships +to observe that he has never directly denied this transaction. +I have tumbled over the records, I have +looked at every part, to see whether he denies it. +He did not deny it at the time, he did not deny it +to the Court of Directors: on the contrary, he did +in effect acknowledge it, when, without directly acknowledging +it, he promised them a full and liberal +explanation of the whole transaction. He never did +give that explanation. Parliament took up the business; +this matter was reported at the end of the +Eleventh Report; but though the House of Commons +had thus reported it, and made that public which before +was upon the Company's records, he took no notice +of it. Then another occasion arises: he comes +before the House of Commons; he knows he is about +to be prosecuted for those very corruptions; he well +knows these charges exist against him; he makes his +defence (if he will allow it to be his defence); but, +though thus driven, he did not there deny it, because +he knew, that, if he had denied it, it could be proved +against him. I desire your Lordships will look at +that paper which we have given in evidence, and see +if you find a word of denial of it: there is much discourse, +much folly, much insolence, but not one word +of denial. Then, at last, it came before this tribunal +against him. I desire to refer your Lordships to that +part of his defence to the article in which this bribe is +specifically charged: he does not deny it there; the<span class='pagenum'><a name="Page_239" id="Page_239">{239}</a></span> +only thing which looks like a denial is one sweeping +clause inserted, (in order to put us upon the proof,) +that all the charges are to be conceived as denied; +but a specific denial to this specific charge in no stage +of the business, from beginning to end, has he once +made.</p> + +<p>And therefore here I close that part of the charge +which relates to the business of Nundcomar. Your +Lordships will see such a body of presumptive proof +and positive proof as never was given yet of any +secret corrupt act of bribery; and there I leave it +with your Lordships' justice. I beg pardon for +having detained you so long; but your Lordships +will be so good as to observe that no business ever +was covered with more folds of iniquitous artifice +than this which is now brought before you.<span class='pagenum'><a name="Page_240" id="Page_240">{240}</a></span></p> + + + +<hr style="width: 65%;" /> +<p><a name="SECOND_DAY_SATURDAY_APRIL_25_1789" id="SECOND_DAY_SATURDAY_APRIL_25_1789"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">ON</span><br /> +<br /> +THE SIXTH ARTICLE OF CHARGE.<br /> +<br /> +<span style="font-size: 50%;">SECOND DAY: SATURDAY, APRIL 25, 1789.</span></h2> + + +<p>My Lords,—When I last had the honor of addressing +your Lordships, I endeavored to state +with as much perspicuity as the nature of an intricate +affair would admit, and as largely as in so intricate +an affair was consistent with the brevity which I +endeavored to preserve, the proofs which had been +adduced against Warren Hastings upon an inquiry +instituted by an order of the Court of Directors into +the corruption and peculation of persons in authority +in India. My Lords, I have endeavored to +show you by anterior presumptive proofs, drawn from +the nature and circumstances of the acts themselves +inferring guilt, that such actions and such conduct +could be referable only to one cause, namely, <i>corruption</i>; +I endeavored to show you afterwards, my Lords, +what the specific nature and extent of the corruption +was, as far as it could be fully proved; and lastly, +the great satisfactory presumption which attended +the inquiry with regard to Mr. Hastings,—namely, +that, contrary to law, contrary to his duty, contrary +to what is owed by innocence to itself, Mr. Hastings +resisted that inquiry, and employed all the power of +his office to prevent the exercise of it, either in himself +or in others. These presumptions and these proofs<span class='pagenum'><a name="Page_241" id="Page_241">{241}</a></span> +will be brought before your Lordships, distinctly and +in order, at the end of this opening.</p> + +<p>The next point on which I thought it necessary to +proceed was relative to the presumptions which his +subsequent conduct gave with regard to his guilt: +because, my Lords, his uniform tenor of conduct, such +as must attend guilt, both in the act, at the time of +the inquiry, and subsequent to it, will form such a +body of satisfactory evidence as I believe the human +mind is not made to resist.</p> + +<p>My Lords, there is another reason why I choose to +enter into the presumptions drawn from his conduct +and the fact, taking his conduct in two parts, if it +may be so expressed, <i>omission</i> and <i>commission</i>, in order +that your Lordships should more fully enter into +the consequences of this system of bribery. But before +I say anything upon that, I wish your Lordships +to be apprised, that the Commons, in bringing this +bribe of three lac and a half before your Lordships, do +not wish by any means to have it understood that this +is the whole of the bribe that was received by Mr. +Hastings in consequence of delivering up the whole +management of the government of the country to +that improper person whom he nominated for it. My +Lords, from the proofs that will be adduced before +you, there is great probability that he received very +nearly a hundred thousand pounds; there is positive +proof of his receiving fifty; and we have chosen +only to charge him with that of which there is +such an accumulated body of proof as to leave no +doubt upon the minds of your Lordships. All this I +say, because we are perfectly apprised of the sentiments +of the public upon this point: when they hear +of the enormity of Indian peculation, when they see<span class='pagenum'><a name="Page_242" id="Page_242">{242}</a></span> +the acts done, and compare them with the bribes received, +the acts seem so enormous and the bribes comparatively +so small, that they can hardly be got to +attribute them to that motive. What I mean to state +is this: that, from a collective view of the subject, +your Lordships will be able to judge that enormous +offences have been committed, and that the bribe +which we have given in proof is a specimen of the +nature and extent of those enormous bribes which extend +to much greater sums than we are able to prove +before you in the manner your Lordships would like +and expect.</p> + +<p>I have already remarked to your Lordships, that, +after this charge was brought and recorded before +the Council in spite of the resistance made by Mr. +Hastings, in which he employed all the power and +authority of his station, and the whole body of his partisans +and associates in iniquity, dispersed through +every part of these provinces,—after he had taken +all these steps, finding himself pressed by the proof +and pressed by the presumption of his resistance to +the inquiry, he did think it necessary to make something +like a defence. Accordingly he has made what +he calls a justification, which did not consist in the +denial of that fact, or any explanation of it. The +mode he took for his defence was abuse of his colleagues, +abuse of the witnesses, and of every person +who in the execution of his duty was inquiring into +the fact, and charging them with things which, if +true, were by no means sufficient to support him, +either in defending the acts themselves, or in the +criminal means he used to prevent inquiry into them. +His design was to mislead their minds, and to carry +them from the accusation and the proof of it. With<span class='pagenum'><a name="Page_243" id="Page_243">{243}</a></span> +respect to the passion, violence, and intemperate heat +with which he charged them, they were proceeding in +an orderly, regular manner; and if on any occasion +they seem to break out into warmth, it was in consequence +of that resistance which he made to them, in +what your Lordships, I believe, will agree with them +in thinking was one of the most important parts of +their functions. If they had been intemperate in their +conduct, if they had been violent, passionate, prejudiced +against him, it afforded him only a better means +of making his defence; because, though in a rational +and judicious mind the intemperate conduct of the +accuser certainly proves nothing with regard to the +truth or falsehood of his accusation, yet we do know +that the minds of men are so constituted that an improper +mode of conducting a right thing does form +some degree of prejudice against it. Mr. Hastings, +therefore, unable to defend himself upon principle, has +resorted as much as he possibly could to prejudice. +And at the same time that there is not one word of +denial, or the least attempt at a refutation of the +charge, he has loaded the records with all manner of +minutes, proceedings, and letters relative to everything +but the fact itself. The great aim of his policy, both +then, before, and ever since, has been to divert the +mind of the auditory, or the persons to whom he addressed +himself, from the nature of his cause, to some +collateral circumstance relative to it,—a policy to +which he has always had recourse; but that trick, +the last resource of despairing guilt, I trust will now +completely fail him.</p> + +<p>Mr. Hastings, however, began to be pretty sensible +that this way of proceeding had a very unpromising +and untoward look; for which reason he next declared<span class='pagenum'><a name="Page_244" id="Page_244">{244}</a></span> +that he reserved his defence for fear of a legal prosecution, +and that some time or other he would give a +large and liberal explanation to the Court of Directors, +to whom he was answerable for his conduct, of his +refusing to suffer the inquiry to proceed, of his omitting +to give them satisfaction at the time, of his omitting +to take any one natural step that an innocent +man would have taken upon such an occasion. Under +this promise he has remained from that time to the +time you see him at your bar, and he has neither +denied, exculpated, explained, or apologized for his +conduct in any one single instance.</p> + +<p>While he accuses the intemperance of his adversaries, +he shows a degree of temperance in himself +which always attends guilt in despair: for struggling +guilt may be warm, but guilt that is desperate has +nothing to do but to submit to the consequences of it, +to bear the infamy annexed to its situation, and to try +to find some consolation in the effects of guilt with regard +to private fortune for the scandal it brings them +into in public reputation. After the business had +ended in India, the causes why he should have given +the explanation grew stronger and stronger: for not +only the charges exhibited against him were weighty, +but the manner in which he was called upon to inquire +into them was such as would undoubtedly tend to stir +the mind of a man of character, to rouse him to some +consideration of himself, and to a sense of the necessity +of his defence. He was goaded to make this +defence by the words I shall read to your Lordships +from Sir John Clavering.</p> + +<p>"In the late proceedings of the Revenue Board it +will appear that there is no species of peculation from +which the Honorable Governor-General has thought<span class='pagenum'><a name="Page_245" id="Page_245">{245}</a></span> +it reasonable to abstain." He further says, in answer +to Mr. Hastings, "The malicious view with which this +innuendo" (an innuendo of Mr. Hastings) "is thrown +out is only worthy of a man who, having disgraced +himself in the eyes of every man of honor both in +Asia and in Europe, and having no imputation to +lay to our charge, has dared to attempt in the dark +what malice itself could not find grounds to aim at +openly."</p> + +<p>These are the charges which were made upon him,—not +loosely, in the heat of conversation, but deliberately, +in writing, entered upon record, and sent to his +employers, the Court of Directors, those whom the +law had set over him, and to whose judgment and +opinion he was responsible. Do your Lordships believe +that it was conscious innocence that made him +endure such reproaches, so recorded, from his own +colleague? Was it conscious innocence that made +him abandon his defence, renounce his explanation, +and bear all this calumny, (if it was calumny,) in such +a manner, without making any one attempt to refute +it? Your Lordships will see by this, and by other +minutes with which the books are filled, that Mr. +Hastings is charged quite to the brim with corruptions +of all sorts, and covered with every mode of possible +disgrace. For there is something so base and contemptible +in the crimes of peculation and bribery, that, +when they come to be urged home and strongly against +a man, as here they are urged, nothing but a consciousness +of guilt can possibly make a person so charged +support himself under them. Mr. Hastings considered +himself, as he has stated, to be under the necessity +of bearing them. What is that necessity? Guilt. +Could he say that Sir John Clavering (for I say noth<span class='pagenum'><a name="Page_246" id="Page_246">{246}</a></span>ing +now of Colonel Monson and Mr. Francis, who were +joined with him) was a man weak and contemptible? +I believe there are those among your Lordships who +remember that Sir John Clavering was known before +he went abroad, and better known by his conduct +after, to be a man of the most distinguished honor +that ever served his Majesty; he served his Majesty +in a military situation for many years, and afterwards +in that high civil situation in India. It is known +that through every step and gradation of a high military +service, until he arrived at the highest of all, +there never was the least blot upon him, or doubt or +suspicion of his character; that his temper for the +most part, and his manners, were fully answerable to +his virtues, and a noble ornament to them; that he +was one of the best natured, best bred men, as well as +one of the highest principled men to be found in his +Majesty's service; that he had passed the middle +time of life, and come to an age which makes men +wise in general; so that he could be warmed by +nothing but that noble indignation at guilt which is +the last thing that ever was or will be extinguished +in a virtuous mind. He was a man whose voice was +not to be despised; but if his character had been +personally as contemptible as it was meritorious and +honorable in every respect, yet his situation as a +commissioner named by an act of Parliament for the +express purpose of reforming India gave him a weight +and consequence that could not suffer Mr. Hastings, +without a general and strong presumption of +his guilt, to acquiesce in such recorded minutes from +him. But if he had been a weak, if he had been an +intemperate man, (in reality he was as cool, steady, +temperate, judicious a man as ever was born,) the<span class='pagenum'><a name="Page_247" id="Page_247">{247}</a></span> +Court of Directors, to whom Mr. Hastings was responsible +by every tie and every principle, and was +made responsible at last by a positive act of Parliament +obliging him to yield obedience to their commands +as the general rule of his duty,—the Court +of Directors, I say, perfectly approved of every part +of General Clavering's, Colonel Monson's, and Mr. +Francis's conduct; they approved of this inquiry +which Mr. Hastings rejected; and they have declared, +"that the powers and instructions vested in and +given to General Clavering and the other gentlemen +were such as fully authorized them in every inquiry +that seems to have been their object ... +Europeans."<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor" title=" Document wanting.">[2]</a></p> + +<p>Now after the supreme authority, to which they +were to appeal in all their disputes, had passed this +judgment upon this very inquiry, the matter no longer +depended upon Mr. Hastings's opinion; nor could he +be longer justified in attributing that to evil motives +either of malice or passion in his colleagues. When +the judges who were finally to determine who was +malicious, who was passionate, who was or was not +justified either in setting on foot the inquiry or resisting +it, had passed that judgment, then Mr. Hastings +was called upon by all the feelings of a man, and by +his duty in Council, to give satisfaction to his masters, +the Directors, who approved of the zeal and diligence +shown in that very inquiry, the passion of +which he only reprobated, and upon which he grounded +his justification.</p> + +<p>If anything but conscious guilt could have possibly +influenced him to such more than patience under this<span class='pagenum'><a name="Page_248" id="Page_248">{248}</a></span> +accusation, let us see what was his conduct when +the scene was changed. General Clavering, fatigued +and broken down by the miseries of his situation, +soon afterwards lost a very able and affectionate colleague, +Colonel Monson, (whom Mr. Hastings states +to be one of the bitterest of his accusers,) a man one +of the most loved and honored of his time, a person +of your Lordships' noble blood, and a person who did +honor to it, and if he had been of the family of a +commoner, well deserved to be raised to your distinction. +When that man died,—died of a broken heart, +to say nothing else,—and General Clavering felt +himself in a manner without help, except what he +derived from the firmness, assiduity, and patience of +Mr. Francis, sinking like himself under the exertion +of his own virtues, he was resolved to resign his employment. +The Court of Directors were so alarmed +at this attempt of his to resign his employment, that +they wrote thus: "When you conceived the design of +quitting our service, we imagine you could not have +heard of the resignation of Mr. Hastings ... +your zeal and ability."<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor" title=" Document wanting.">[3]</a></p> + +<p>My Lords, in this struggle, and before he could +resign finally, another kind of resignation, the resignation +of Nature, took place, and Sir John Clavering +died. The character that was given Sir John +Clavering at that time is a seal to the whole of his +proceedings, and the use that I shall make of it your +Lordships will see presently. "The abilities of General +Clavering, the comprehensive knowledge he had +attained of our affairs ... +to the East India Company."<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor" title=" Document wanting.">[4]</a></p> + +<p><span class='pagenum'><a name="Page_249" id="Page_249">{249}</a></span></p><p>And never had it a greater loss. There is the concluding +funeral oration made by his masters, upon a +strict, though by no means partial, view of his conduct. +My Lords, here is the man who is the great +accuser of Mr. Hastings, as he says. What is he? a +slight man, a man of mean situation, a man of mean +talents, a man of mean character? No: of the highest +character. Was he a person whose conduct was +disapproved by their common superiors? No: it was +approved when living, and ratified when dead. This +was the man, a man equal to him in every respect, +upon the supposed evil motives of whom alone was +founded the sole justification of Mr. Hastings.</p> + +<p>But be it, then, that Sir John Clavering, Colonel +Monson, and Mr. Francis were all of them the evil-minded +persons that he describes them to be, and +that from dislike to them, from a kind of manly +resentment, if you please, against such persons, an +hatred against malicious proceedings, and a defiance +of them, he did not think proper, as he states, to +make his defence during that period of time, and +while oppressed by that combination,—yet, when he +got rid of the two former persons, and when Mr. +Francis was nothing, when the whole majority was +in his hand, and he was in full power, there was a +large, open, full field for inquiry; and he was bound +to re-institute that inquiry, and to clear his character +before his judges and before his masters. Mr. Hastings +says, "No: they have threatened me with a prosecution, +and I reserve myself for a court of justice."</p> + +<p>Mr. Hastings has now at length taken a ground, as +you will see from all his writings, which makes all +explanation of his conduct in this business absolutely +impossible. For, in the first place, he says, "As a<span class='pagenum'><a name="Page_250" id="Page_250">{250}</a></span> +prosecution is meditated against me, I will say nothing +in explanation of my conduct, because I might +disclose my defence, and by that means do myself a +prejudice." On the other hand, when the prosecution +is dropped, as we all know it was dropped in this +case, then he has a direct contrary reason, but it +serves him just as well: "Why, as no prosecution +is intended, no defence need be made." So that, +whether a prosecution is intended or a prosecution +dropped, there is always cause why Mr. Hastings +should not give the Court of Directors the least satisfaction +concerning his conduct, notwithstanding, as +we shall prove, he has reiteratedly promised, and +promised it in the most ample and liberal manner. +But let us see if there be any presumption in his +favor to rebut the presumption which he knew was +irresistible, and which, by making no defence for his +conduct, and stopping the inquiry, must necessarily +lie upon him. He reserves his defence, but he promises +both defence and explanation.</p> + +<p>Your Lordships will remark that there is nowhere +a clear and positive denial of the fact. Promising +a defence, I will admit, does not directly and <i>ex vi +termini</i> suppose that a man may not deny the fact, +because it is just compatible with the defence; but it +does by no means exclude the admission of the fact, +because the admission of the fact may be attended +with a justification: but when a man says that he +will explain his conduct with regard to a fact, then +he admits that fact, because there can be no explanation +of a fact which has no existence. Therefore Mr. +Hastings admits the fact by promising an explanation, +and he shows he has no explanation nor justification +to give by never having given it. Goaded,<span class='pagenum'><a name="Page_251" id="Page_251">{251}</a></span> +provoked, and called upon for it, in the manner I +have mentioned, he chooses to have a feast of disgrace, +(if I may say so,) to have a riot of infamy, +served up to him day by day for a course of years, in +every species of reproach that could be given by his +colleagues, and by the Court of Directors, "from +whom," he says, "I received nothing but opprobrious +and disgraceful epithets," and he says "that his predecessors +possessed more of their confidence than he +had." Yet for years he lay down in that sty of disgrace, +fattening in it, feeding upon that offal of disgrace +and excrement, upon everything that could be +disgustful to the human mind, rather than deny the +fact and put himself upon a civil justification. Infamy +was never incurred for nothing. We know very +well what was said formerly:—</p> + +<div class="poem"><div class="stanza"> +<span class="i4">"Populus me sibilat; at mihi plaudo<br /></span> +<span class="i1">Ipse domi, simul ac nummos contemplor in arca."<br /></span> +</div></div> + +<p class="noindent">And never did a man submit to infamy for anything +but its true reward, <i>money</i>. Money he received; the +infamy he received along with it: he was glad to +take his wife with all her goods; he took her with +her full portion, with every species of infamy that +belonged to her; and your Lordships cannot resist +the opinion that he would not have suffered himself +to be disgraced with the Court of Directors, disgraced +with his colleagues, disgraced with the world, disgraced +upon an eternal record, unless he was absolutely +guilty of the fact that was charged upon him.</p> + +<p>He frequently expresses that he reserves himself +for a court of justice. Does he, my Lords? I am +sorry that Mr. Hastings should show that he always +mistakes his situation; he has totally mistaken it:<span class='pagenum'><a name="Page_252" id="Page_252">{252}</a></span> +he was a servant, bound to give a satisfactory account +of his conduct to his masters, and, instead of that, he +considers himself and the Court of Directors as litigant +parties,—them as the accusers, and himself as +the culprit. What would your Lordships, in private +life, conceive of a steward who was accused of embezzling +the rents, robbing and oppressing the tenants, +and committing a thousand misdeeds in his stewardship, +and who, upon your wishing to make inquiry +into his conduct, and asking an explanation of it, +should answer, "I will give no reply: you may intend +to prosecute me and convict me as a cheat, and +therefore I will not give you any satisfaction": what +would you think of that steward? You could have +no doubt that such a steward was a person not fit to +be a steward, nor fit to live.</p> + +<p>Mr. Hastings reserves himself for a court of justice: +that single circumstance, my Lords, proves that +he was guilty. It may appear very odd that his +guilt should be inferred from his desire of trial in +a court in which he could be acquitted or condemned. +But I shall prove to you from that circumstance +that Mr. Hastings, in desiring to be tried +in a court of justice, convicts himself of presumptive +guilt.</p> + +<p>When Mr. Hastings went to Bengal in the year +1772, he had a direction exactly similar to this which +he has resisted in his own case: it was to inquire +into grievances and abuses. In consequence of this +direction, he proposes a plan for the regulation of the +Company's service, and one part of that plan was just +what you would expect from him,—that is, the power +of destroying every Company's servant without the +least possibility of his being heard in his own defence<span class='pagenum'><a name="Page_253" id="Page_253">{253}</a></span> +or taking any one step to justify himself, and of dismissing +him at his own discretion: and the reason +he gives for it is this. "I shall forbear to comment +upon the above propositions: if just and proper, their +utility will be self-apparent. One clause only in the +last article may require some explanation, namely, +the power proposed for the Governor of recalling any +person from his station without assigning a reason +for it. In the charge of oppression," (now here you +will find the reason why Mr. Hastings wishes to appeal +to a court of justice, rather than to give satisfaction +to his employers,) "though supported by the +cries of the people and the most authentic representations, +it is yet impossible in most cases to obtain +legal proofs of it; and unless the discretionary power +which I have recommended be somewhere lodged, +the assurance of impunity from any formal inquiry +will baffle every order of the board, as, on the other +hand, the fear of the consequence will restrain every +man within the bounds of his duty, if he knows himself +liable to suffer by the effects of a single control." +You see Mr. Hastings himself is of opinion that the +cries of oppression, though extorted from a whole +people by the iron hand of severity,—that these +cries of a whole people, attended even with authentic +documents sufficient to satisfy the mind of any man, +may be totally insufficient to convict the oppressor in +a court; and yet to that court, whose competence he +denies, to that very court, he appeals, in that he puts +his trust, and upon that ground he refuses to perform +the just promise he had given of any explanation to +those who had employed him.</p> + +<p>Now I put this to your Lordships: if a man is of +opinion that no public court can truly and properly<span class='pagenum'><a name="Page_254" id="Page_254">{254}</a></span> +bring him to any account for his conduct, that the +forms observable in courts are totally adverse to it, +that there is a general incompetency with regard to +such a court, and yet shuns a tribunal capable and +competent, and applies to that which he thinks is incapable +and incompetent, does not that man plainly +show that he has rejected what he thinks will +prove his guilt, and that he has chosen what he +thinks will be utterly insufficient to prove it? And +if this be the case, as he asserts it to be, with an +under servant, think what must be the case of the +upper servant of all: for, if an inferior servant is not +to be brought to justice, what must be the situation +of a Governor-General? It is impossible not to see, +that, as he had conceived that a court of justice had +not sufficient means to bring his crimes to light and +detection, nor sufficient to bring him to proper and +adequate punishment, therefore he flew to a court of +justice, not as a place to decide upon him, but as a +sanctuary to secure his guilt. Most of your Lordships +have travelled abroad, and have seen in the +unreformed countries of Europe churches filled with +persons who take sanctuary in them. You do not +presume that a man is innocent because he is in a +sanctuary: you know, that, so far from demonstrating +his innocence, it demonstrates his guilt. And in +this case, Mr. Hastings flies not to a court for trial, +but as a sanctuary to secure him from it.</p> + +<p>Let us just review the whole of his conduct; let +us hear how Mr. Hastings has proceeded with regard +to this whole affair. The court of justice dropped; +the prosecution in Bengal ended. With Sir Elijah +Impey as chief-justice, who, as your Lordships have +seen, had a most close and honorable connection<span class='pagenum'><a name="Page_255" id="Page_255">{255}</a></span> +with the Governor-General, (all the circumstances of +which I need not detail to you, as it must be fresh +in your Lordships' memory,) he had not much to +fear from the impartiality of the court. He might +be sure the forms of law would not be strained to do +him mischief; therefore there was no great terror in +it. But whatever terror there might be in it was +overblown, because his colleagues refused to carry +him into it, and therefore that opportunity of defence +is gone. In Europe he was afraid of making any defence, +but the prosecution here was also soon over; +and in the House of Commons he takes this ground +of justification for not giving any explanation, that +the Court of Directors had received perfect satisfaction +of his innocence; and he named persons of great +and eminent character in the profession, whose names +certainly cannot be mentioned without highly imposing +upon the prejudices and weighing down almost +the reason of mankind. He quotes their opinions in +his favor, and argues that the exculpation which they +give, or are supposed to give him, should excuse him +from any further explanation.</p> + +<p>My Lords, I believe I need not say to great men of +the profession, many of the first ornaments of which +I see before me, that they are very little influenced +in the seat of judgment by the opinions which they +have given in the chamber, and they are perfectly in +the right: because while in the chamber they hear +but one part of the cause; it is generally brought +before them in a very partial manner, and they have +not the lights which they possess when they sit deliberately +down upon the tribunal to examine into it; +and for this reason they discharge their minds from +every prejudice that may have arisen from a foregone<span class='pagenum'><a name="Page_256" id="Page_256">{256}</a></span> +partial opinion, and come uninfluenced by it as to +a new cause. This, we know, is the glory of the +great lawyers who have presided and do preside in +the tribunals of this country; but we know, at the +same time, that those opinions (which they in their +own mind reject, unless supported afterwards by +clear and authentic testimony) do weigh upon the +rest of mankind at least: for it is impossible to separate +the opinion of a great and learned man from +some consideration of the person who has delivered +that opinion.</p> + +<p>Mr. Hastings, being conscious of this, and not fearing +the tribunal abroad for the reason that I gave +you, namely, his belief that it was not very adverse +to him, and also knowing that the prosecution there +was dropped, had but one thing left for his consideration, +which was, how he should conflict with the tribunal +at home: and as the prosecution must originate +from the Court of Directors, and be authorized +by some great law opinions, the great point with him +was, some way or other, by his party, I will not say +by what means or circumstances, but by some party +means, to secure a strong interest in the executive +part of the India House. My Lords, was that interest +used properly and fairly? I will not say that +friendship and partiality imply injustice; they certainly +do not; but they do not imply justice. The +Court of Directors took up this affair with great +warmth; they committed it to their solicitor, and the +solicitor would naturally (as most solicitors do) draw +up a case a little favorably for the persons that employed +him; and if there was any leaning, which +upon my word I do not approve in the management +of any cause whatever, yet, if there was a leaning, it +must be a leaning for the client.<span class='pagenum'><a name="Page_257" id="Page_257">{257}</a></span></p> + +<p>Now the counsel did not give a decided opinion +against the prosecution, but upon the face of the case +they expressed great doubts upon it; for, with such +a strange, disorderly, imperfect, and confused case as +was laid before them, they could not advise a prosecution; +and in my opinion they went no further. +And, indeed, upon that case that went before them, +I, who am authorized by the Commons to prosecute, +do admit that a great doubt might lie upon the most +deciding mind, whether, under the circumstances +there stated, a prosecution could be or ought to be +pursued. I do not say which way my mind would +have turned, upon that very imperfect state of the +case; but I still allow so much to their very great +ability, great minds, and sound judgment, that I +am not sure, if it was <i>res integra</i>, I would not have +rather hesitated myself (who am now here an accuser) +what judgment to give.</p> + +<p>It does happen that there are very singular circumstances +in this business, to which your Lordships +will advert; and you will consider what weight they +ought to have upon your Lordships' minds. The +person who is now the solicitor of the Company is a +very respectable man in the profession,—Mr. Smith; +he was at that time also the Company's solicitor, and +he has since appeared in this cause as Mr. Hastings's +solicitor. Now there is something particular in a +man's being the solicitor to a party who was prosecuting +another, and continuing afterwards in his +office, and becoming the solicitor to the party prosecuted. +It would be nearly as strange as if our solicitor +were to be the solicitor of Mr. Hastings in this +prosecution and trial before your Lordships. It is +true, that we cannot make out, nor do we attempt to<span class='pagenum'><a name="Page_258" id="Page_258">{258}</a></span> +prove, that Mr. Smith was at that time actually Mr. +Hastings's solicitor: all that we shall attempt to +make out is, that the case he produced was just such +a case as a solicitor anxious for the preservation of +his client, and not anxious for the prosecution, would +have made out.</p> + +<p>My Lords, I have next to remark, that the opinion +which the counsel gave in this case, namely, a very +doubtful opinion, accompanied with strong censure of +the manner in which the case was stated, was drawn +from them by a case in which I charge that there +were <i>misrepresentation</i>, <i>suppression</i>, and <i>falsification</i>.</p> + +<p>Now, my Lords, in making this charge I am in a +very awkward and unpleasant situation; but it is a +situation in which, with all the disagreeable circumstances +attending it, I must proceed. I am, in this +business, obliged to name many men: I do not name +them wantonly, but from the absolute necessity, as +your Lordships will see, of the case. I do not mean +to reflect upon this gentleman: I believe, at the time +when he made this case, and especially the article +which I state as a <i>falsification</i>, he must have trusted +to some of the servants of the Company, who were +but young in their service at that time. There was +a very great error committed; but by whom, or how, +your Lordships in the course of this inquiry will find. +What I charge first is, that the case was improperly +stated; secondly, that it was partially stated; and +that afterwards a further report was made upon reference +to the same officer in the committee. Now, +my Lords, of the three charges which I have made, +the two former, namely, the misrepresentation and +suppression, were applicable to the case; but all the +three, misrepresentation, suppression, and falsification, +were applicable to the report.<span class='pagenum'><a name="Page_259" id="Page_259">{259}</a></span></p> + +<p>This I say in vindication of the opinions given, +and for the satisfaction of the public, who may be +imposed upon by them. I wish the word to be understood. +When I say <i>imposed</i>, I always mean by it +the weight and authority carried: a meaning which +this word, perhaps, has not got yet thoroughly in the +English language; but in a neighboring language <i>imposing</i> +means, that it weighs upon men's minds with +a sovereign authority. To say that the opinions of +learned men, though even thus obtained, may not +have weight with this court, or with any court, is +a kind of compliment I cannot pay to them at the +expense of that common nature in which I and all +human beings are involved.</p> + +<p>He states in the case the covenants and the salary +of Mr. Hastings, and his emoluments, very fairly. +I do not object to any part of that. He then proceeds +to state very partially the business upon which +the Committee of Circuit went, and without opening +whose conduct we cannot fully bring before you this +charge of bribery. He then states, "that, an inquiry +having been made by the present Supreme Council +of Bengal respecting the conduct of the members of +the last administration, several charges have been +made, stating moneys very improperly received by +Mr. Hastings during the time of the late administration: +amongst these is one of his having received +150,000 rupees of Munny Begum, the guardian of +the Nabob, who is an infant."</p> + +<p>In this statement of the case everything is put +out of its true place. Mr. Hastings was not charged +with receiving a lac and a half of rupees from +Munny Begum, the guardian of the Nabob,—for she +was not then his guardian; but he was charged with<span class='pagenum'><a name="Page_260" id="Page_260">{260}</a></span> +receiving a lac and a half of rupees for removing +the Nabob's own mother, who was his natural guardian, +and substituting this step-mother, who was a +prostitute, in her place; whereas here it supposes he +found her a guardian, and that she had made him a +present, which alters the whole nature of the case. +The case, in the recital of the charge, sets out with +what every one of your Lordships knows now not to +be the truth of the fact, nor the thing that in itself +implies the criminality: he ought to have stated that +in the beginning of the business. The suppressions +in the recital are amazing. He states an inquiry +having been made by the Supreme Council of Bengal +respecting the conduct of the members of the +last administration. That inquiry was made in consequence +of the charge, and not the charge brought +forward, as they would have it believed, in consequence +of the inquiry. There is no mention that +that inquiry had been expressly ordered by the Court +of Directors; but it is stated as though it was a +voluntary inquiry. Now there is always something +doubtful in voluntary inquiries with regard to the +people concerned. He then supposes, upon this inquiry, +that to be the charge which is not the charge +at all. The crime, as I have stated, consisted of +two distinct parts, but both inferring the same corruption: +the first, two lac of rupees taken expressly +for the nomination of this woman to this place; and +the other, one lac and a half of rupees, in effect for +the same purpose, but under the name and color of +an entertainment. The drawer of the case, finding +that in the one case, namely, the two lac of rupees, +the evidence was more weak, but that no justification +could be set up,—finding in the other, the lac<span class='pagenum'><a name="Page_261" id="Page_261">{261}</a></span> +and a half of rupees, the proof strong and not to be +resisted, but that some justification was to be found +for it, lays aside the charge of the two lac totally; +and the evidence belonging to it, which was considered +as rather weak, is applied to the other charge +of a lac and a half, the proof of which upon its own +evidence was irresistible.</p> + +<p>My speech I hope your Lordships consider as only +pointing out to your attention these particulars. +Your Lordships will see it exemplified throughout +the whole, that, when there is evidence (for some +evidence is brought) that does belong to the lac and +a half, it is entirely passed by, the most material circumstances +are weakened, the whole strength and +force of them taken away. Every one knows how +true it is of evidence, <i>juncta juvant</i>: but here everything +is broken and smashed to pieces, and nothing +but disorder appears through the whole. For your +Lordships will observe that the proof that belongs +to one thing is put as belonging to another, and the +proof of the other brought in a weak and imperfect +manner in the rear of the first, and with every kind +of observation to rebut and weaken it; and when +this evidence is produced, which appears inapplicable +almost in all the parts, in many doubtful, confused, +and perplexed, and in some even contradictory, +(which it will be when the evidence to one thing +is brought to apply and bear upon another,) good +hopes were entertained in consequence that that +would happen which in part did happen, namely, +that the counsel, distracted and confused, and finding +no satisfaction in the case, could not advise a +prosecution.</p> + +<p>But what is still more material and weighty, many<span class='pagenum'><a name="Page_262" id="Page_262">{262}</a></span> +particulars are suppressed in this case, and still more +in the report; and turning from the case to the proceedings +of the persons who are supposed to have the +management of the inquiry, they bring forward, as +an appendix to this case, Mr. Hastings's own invectives +and charge against these persons, at the very +same time that they suppress and do not bring forward, +either in the charge or upon the report, what +the other party have said in their own justification. +The consequence of this management was, that a +body of evidence which would have made this case +the clearest in the world, and which I hope we shall +make to appear so to your Lordships, was rendered +for the most part inapplicable, and the whole puzzled +and confused: I say, for the most part, for some +parts did apply, but miserably applied, to the case. +From their own state of the case they would have it +inferred that the fault was not in their way of representing +it, but in the infirmity, confusion, and disorder +of the proofs themselves; but this, I trust we +shall satisfy you, is by no means the case. I rest, +however, upon the proof of partiality in this business, +of the imposition upon the counsel, whether +designed or not, and of the bias given by adding an +appendix with Mr. Hastings's own remarks upon the +case, without giving the reasons of the other parties +for their conduct. Now, if there was nothing else +than the fallacious recital, and afterwards the suppression, +I believe any rational and sober man would +see perfect, good, and sufficient ground for laying +aside any authority that can be derived from the +opinions of persons, though of the first character +(and I am sure no man living does more homage to +their learning, impartiality, and understanding than<span class='pagenum'><a name="Page_263" id="Page_263">{263}</a></span> +I do): first, because the statement of the case has +thrown the whole into confusion; and secondly, as to +the matter added as an appendix, which gives the +representation of the delinquent and omits the representation +of his prosecutors, it is observed very +properly and very wisely by one of the great men +before whom this evidence was laid, that "the evidence, +as it is here stated, is still more defective, if +the appendix is adopted by the Directors and meant +to make a part of the case; for that throws discredit +upon all the information so collected." Certainly it +does; for, if the delinquent party, who is to be prosecuted, +be heard with his own representation of the +case, and that of his prosecutors be suppressed, he +is master both of the lawyers and of the mind of +mankind.</p> + +<p>My Lords, I have here attempted to point out the +extreme inconsistencies and defects of this proceeding; +and I wish your Lordships to consider, with respect +to these proceedings of the India House in +their prosecutions, that it is in the power of some +of their officers to make statements in the manner +that I have described, then to obtain the names of +great lawyers, and under their sanction to carry the +accused through the world as acquitted.</p> + +<p>These are the material circumstances which will +be submitted to your Lordships' sober consideration +in the course of this inquiry. I have now stated +them on these two accounts: first, to rebut the reason +which Mr. Hastings has assigned for not giving +any satisfaction to the Court of Directors, namely, +because they did not want it, having dropped a prosecution +upon great authorities and opinions; and +next, to show your Lordships how a business begun<span class='pagenum'><a name="Page_264" id="Page_264">{264}</a></span> +in bribery is to be supported only by fraud, deceit, +and collusion, and how the receiving of bribes by a +Governor-General of Bengal tends to taint the whole +service from beginning to end, both at home and +abroad.</p> + +<p>But though upon the partial case that was presented +to them these great lawyers did not advise +a prosecution, and though even upon a full representation +of a case a lawyer might think that a man +ought not to be prosecuted, yet he may consider him +to be the vilest man upon earth. We know men +are acquitted in the great tribunals in which several +Lords of this country have presided, and who +perhaps ought not to have been brought there and +prosecuted before them, and yet about whose delinquency +there could be no doubt. But though we +have here sufficient reason to justify the great lawyers +whose names and authorities are produced, yet +Mr. Hastings has extended that authority beyond the +length of their opinions. For, being no longer under +the terror of the law, which, he said, restrained +him from making his defence, he was then bound to +give that satisfaction to his masters and the world +which every man in honor is bound to do, when a +grave accusation is brought against him. But this +business of the law I wish to sleep from this moment, +till the time when it shall come before you; +though I suspect, and have had reason (sitting in +committees in the House of Commons) to believe, +that there was in the India House a bond of iniquity, +somewhere or other, which was able to impose +in the first instance upon the solicitor, the guilt of +which, being of another nature, I shall state hereafter, +that your Lordships may be able to discover through<span class='pagenum'><a name="Page_265" id="Page_265">{265}</a></span> +whose means and whose fraud Mr. Hastings obtained +these opinions.</p> + +<p>If, however, all the great lawyers had been unanimous +upon that occasion, still it would have been +necessary for Mr. Hastings to say, "I cannot, according +to my opinion, be brought to give an account in +a court of justice, and I have got great lawyers to +declare, that, upon the case laid before them, they +cannot advise a prosecution; but now is the time +for me to come forward, and, being no longer in +fear that my defence may be turned against me, I +will produce my defence for the satisfaction of my +masters and the vindication of my own character." +But besides this doubtful opinion (for I believe your +Lordships will find it no better than a doubtful opinion) +given by persons for whom I have the highest +honor, and given with a strong censure upon the +state of the case, there were also some great lawyers, +men of great authority in the kingdom, who gave a +full and decided opinion that a prosecution ought to +be instituted against him; but the Court of Directors +decided otherwise, they overruled those opinions, +and acted upon the opinions in favor of Mr. Hastings. +When, therefore, he knew that the great men +in the law were divided upon the propriety of a prosecution, +but that the Directors had decided in his +favor, he was the more strongly bound to enter into +a justification of his conduct.</p> + +<p>But there was another great reason which should +have induced him to do this. One great lawyer, +known to many of your Lordships, Mr. Sayer, a very +honest, intelligent man, who had long served the Company +and well knew their affairs, had given an opinion +concerning Mr. Hastings's conduct in stopping<span class='pagenum'><a name="Page_266" id="Page_266">{266}</a></span> +these prosecutions. There was an abstract question +put to Mr. Sayer, and other great lawyers, separated +from many of the circumstances of this business, concerning +a point which incidentally arose; and this +was, whether Mr. Hastings, as Governor-General, had +a power so to dissolve the Council, that, if he declared +it dissolved, they could not sit and do any legal and +regular act. It was a great question with the lawyers +at the time, and there was a difference of opinion on +it. Mr. Sayer was one of those who were inclined to +be of opinion that the Governor-General had a power +of dissolving the Council, and that the Council could +not legally sit after such dissolution. But what was +his remark upon Mr. Hastings's conduct?—and you +must suppose his remark of more weight, because, +upon the abstract question, he had given his opinion +in favor of Mr. Hastings's judgment. "The meeting +of the Council depends on the pleasure of the Governor; +and I think the duration of it must do so, +too. But it was as great a crime to dissolve the +Council upon base and sinister motives as it would +be to assume the power of dissolving, if he had it not. +I believe he is the first Governor that ever dissolved +a Council inquiring into his behavior, when he was +innocent. Before he could summon three Councils +and dissolve them, he had time fully to consider what +would be the result of such conduct, <i>to convince everybody, +beyond a doubt, of his conscious guilt</i>."</p> + +<p>Mr. Sayer, then, among other learned people, (and +if he had not been the man that I have described, yet, +from his intimate connection with the Company, his +opinion must be supposed to have great weight,) having +used expressions as strong as the persons who +have ever criminated Mr. Hastings most for the worst<span class='pagenum'><a name="Page_267" id="Page_267">{267}</a></span> +of his crimes have ever used to qualify and describe +them, and having ascribed his conduct to base and +sinister motives, he was bound upon that occasion to +justify that strong conduct, allowed to be legal, and +charged at the same time to be violent. Mr. Hastings +was obliged then to produce something in his justification. +He never did. Therefore, for all the reasons +assigned by himself, drawn from the circumstances of +prosecution and non-prosecution, and from opinions +of lawyers and colleagues, the Court of Directors at +the same time censuring his conduct, and strongly applauding +the conduct of those who were adverse to +him, Mr. Hastings was, I say, from those accumulated +circumstances, bound to get rid of the infamy of +a conduct which could be attributed to nothing but +base and sinister motives, and which could have no +effect but to convince men of his consciousness that +he was guilty. From all these circumstances I infer +that no man could have endured this load of infamy, +and to this time have given no explanation of his conduct, +unless for the reason which this learned counsel +gives, and which your Lordships and the world will +give, namely, his conscious guilt.</p> + +<p>After leaving upon your minds that presumption, +not to operate without proof, but to operate along +with the proof, (though, I take it, there are some presumptions +that go the full length of proof,) I shall +not press it to the length to which I think it would go, +but use it only as auxiliary, assisting, and compurgatory +of all the other evidences that go along with it.</p> + +<p>There is another circumstance which must come +before your Lordships in this business. If you find +that Mr. Hastings has received the two lac of rupees, +then you will find that he was guilty, without color or<span class='pagenum'><a name="Page_268" id="Page_268">{268}</a></span> +pretext of any kind whatever, of acting in violation of +his covenant, of acting in violation of the laws, and +all the rules of honor and conscience. If you find +that he has taken the lac and a half, which he admits, +but which he justifies under the pretence of an entertainment, +I shall beg to say something to your Lordships +concerning that justification.</p> + +<p>The justification set up is, that he went up from +Calcutta to Moorshedabad, and paid a visit of three +months, and that there an allowance was made to him +of two hundred pounds a day in lieu of an entertainment. +Now, my Lords, I leave it to you to determine, +if there was such a custom, whether or no his covenant +justifies his conformity with it. I remember +Lord Coke, talking of the Brehon law in Ireland, says +it is no law, but a lewd custom. A governor is to +conform himself to the laws of his own country, to +the stipulations of those that employ him, and not to +the lewd customs of any other country: those customs +are more honored in the breach than in the observance. +If Mr. Hastings was really feasted and entertained +with the magnificence of the country, if there +was an entertainment of dancing-girls brought out to +amuse him in his leisure hours, if he was feasted with +the hookah and every other luxury, there is something +to be said for him, though I should not justify +a Governor-General wasting his days in that manner. +But in fact here was no entertainment that could +amount to such a sum; and he has nowhere proved +the existence of such a custom.</p> + +<p>But if such a custom did exist, which I contend is +more honored in the breach than in the observance, +that custom is capable of being abused to the grossest +extortion; and that it was so abused will strike your<span class='pagenum'><a name="Page_269" id="Page_269">{269}</a></span> +Lordships' minds in such a manner that I hardly need +detail the circumstances of it. What! two hundred +pounds to be given to a man for one day's entertainment? +If there is an end of it there, it ruins nobody, +and cannot be supposed, to a great degree, to corrupt +anybody; but when that entertainment is renewed +day after day for three months, it is no longer a compliment +to the man, but a great pecuniary advantage, +and, on the other hand, to the person giving it, a +grievous, an intolerable burden. It then becomes a +matter of the most serious and dreadful extortion, +tending to hinder the people who give it not only +from giving entertainment, but from having bread to +eat themselves. Therefore, if any such entertainment +was customary, the custom was perverted by the +abuse of its being continued for three months together. +It was longer than Ahasuerus's feast. There is +a feast of reason and a flow of soul; but Mr. Hastings's +feast was a feast of avarice and a flow of money. +No wonder he was unwilling to rise from such a table: +he continued to sit at that table for three months.</p> + +<p>In his covenant he is forbidden expressly to take +any allowance above 400<i>l.</i>, and forbidden to take +any allowance above 100<i>l.</i>, without the knowledge, +consent, and approbation of the Council to which he +belongs. Now he takes 16,000<i>l.</i>, not only without +the consent of the Council, but without their knowledge,—without +the knowledge of any other human +being: it is kept hid in the darkest and most secret +recesses of his own black agents and confidants, and +those of Munny Begum. Why is it a secret? Hospitality, +generosity, virtues of that kind, are full of +display; there is an ostentation, a pomp, in them; +they want to be shown to the world, not concealed.<span class='pagenum'><a name="Page_270" id="Page_270">{270}</a></span> +The concealment of acts of charity is what makes +them acceptable in the eyes of Him with regard to +whom there can be no concealment; but acts of corruption +are kept secret, not to keep them secret from +the eye of Him, whom the person that observes the +secrecy does not fear, nor perhaps believe in, but to +keep them secret from the eyes of mankind, whose +opinions he does fear, in the immediate effect of +them, and in their future consequences. Therefore +he had but one reason to keep this so dark and profound +a secret, till it was dragged into day in spite +of him; he had no reason to keep it a secret, but his +knowing it was a proceeding that could not bear the +light. Charity is the only virtue that I ever heard +of that derives from its retirement any part of its +lustre; the others require to be spread abroad in the +face of day. Such candles should not be hid under +a bushel, and, like the illuminations which men light +up when they mean to express great joy and great +magnificence for a great event, their very splendor is +a part of their excellence. We upon our feasts light +up this whole capital city; we in our feasts invite all +the world to partake them. Mr. Hastings feasts in +the dark; Mr. Hastings feasts alone; Mr. Hastings +feasts like a wild beast; he growls in the corner over +the dying and the dead, like the tigers of that country, +who drag their prey into the jungles. Nobody +knows of it, till he is brought into judgment for the +flock he has destroyed. His is the entertainment of +Tantalus; it is an entertainment from which the sun +hid his light.</p> + +<p>But was it an entertainment upon a visit? Was +Mr. Hastings upon a visit? No: he was executing +a commission for the Company in a village in the<span class='pagenum'><a name="Page_271" id="Page_271">{271}</a></span> +neighborhood of Moorshedabad, and by no means upon +a visit to the Nabob. On the contrary, he was upon +something that might be more properly called a +<i>visitation</i>. He came as a heavy calamity, like a famine +or a pestilence on a country; he came there to +do the severest act in the world,—as he himself expresses, +to take the bread, literally the bread, from +above a thousand of the nobles of the country, and to +reduce them to a situation which no man can hear +of without shuddering. When you consider, that, +while he was thus entertained himself, he was famishing +fourteen hundred of the nobility and gentry +of the country, you will not conceive it to be any +extenuation of his crimes, that he was there, not upon +a visit, but upon a duty, the harshest that could +be executed, both to the persons who executed and +the people who suffered from it.</p> + +<p>It is mentioned and supposed in the observations +upon this case, though no circumstances relative to +the persons or the nature of the visit are stated, that +this expense was something which he might have +charged to the Company and did not. It is first supposed +by the learned counsel who made the observation, +that it was a public, allowed, and acknowledged +thing; then, that he had not charged the +Company anything for it. I have looked into that +business. In the first place, I see no such custom; +and if there was such a custom, there was the most +abusive misemployment of it. I find that in that +year there was paid from the Company's cash account +to the Governor's travelling charges (and he +had no other journey at that end of the year) +thirty thousand rupees, which is about 3,000<i>l.</i>; and +when we consider that he was in the receipt of near<span class='pagenum'><a name="Page_272" id="Page_272">{272}</a></span> +30,000<i>l.</i>, besides the nuzzers, which amount to several +thousand a year, and that he is allowed 3,000<i>l.</i> +by the Company for his travelling expenses, is it +right to charge upon the miserable people whom he +was defrauding of their bread 16,000<i>l.</i> for his entertainment?</p> + +<p>I find that there are also other great sums relative +to the expenses of the Committee of Circuit, which +he was upon. How much of them is applicable to +him I know not. I say, that the allowance of three +thousand pounds was noble and liberal; for it is not +above a day or two's journey to Moorshedabad, and +by his taking his road by Kishenagur he could not +be longer. He had a salary to live upon, and he +must live somewhere; and he was actually paid three +thousand pounds for travelling charges for three +months, which was at the rate of twelve thousand +pounds a year: a large and abundant sum.</p> + +<p>If you once admit that a man for an entertainment +shall take sixteen thousand pounds, there never will +be any bribe, any corruption, that may not be justified: +the corrupt man has nothing to do but to make a +visit, and then that very moment he may receive any +sum under the name of this entertainment; that moment +his covenants are annulled, his bonds and obligations +destroyed, the act of Parliament repealed, +and it is no longer bribery, it is no longer corruption, +it is no longer peculation; it is nothing but thanks +for obliging inquiries, and a compliment according to +the mode of the country, by which he makes his fortune.</p> + +<p>What hinders him from renewing that visit? If +you support this distinction, you will teach the Governor-General, +instead of attending his business at<span class='pagenum'><a name="Page_273" id="Page_273">{273}</a></span> +the capital, to make journeys through the country, +putting every great man of that country under the +most ruinous contributions; and as this custom is in +no manner confined to the Governor-General, but +extends, as it must upon that principle, to every +servant of the Company in any station whatever, +then, if each of them were to receive an entertainment, +I will venture to say that the greatest ravage +of an hostile army could not, indeed, destroy the +country more entirely than the Company's servants +by such visits.</p> + +<p>Your Lordships will see that there are grounds for +suspicion, not supported with the same evidence, but +with evidence of great probability, that there was another +entertainment given at the expense of another +lac of rupees; and there is also great probability that +Mr. Hastings received two lac of rupees, and Mr. +Middleton another lac. The whole of the Nabob's +revenues would have been exhausted by these two +men, if they had stayed there a whole year: and they +stayed three months. Nothing will be secured from +the Company's servants, so long as they can find, +under this name, or under pretence of any corrupt +custom of the country, a vicious excuse for this corrupt +practice. The excuse is worse than the thing +itself. I leave it, then, with your judgment to decide +whether you will or not, if this justification comes +before you, establish a principle which would put all +Bengal in a worse situation than an hostile army could +do, and ruin all the Company's servants by sending +them from their duty to go round robbing the whole +country under the name of entertainments.</p> + +<p>My Lords, I have now done with this first part,—namely, +the presumption arising from his refusal to<span class='pagenum'><a name="Page_274" id="Page_274">{274}</a></span> +make any defence, on pretence that the charge brought +against him might be referred to a court of justice, +and from the non-performance of his promise to give +satisfaction to his employers,—and when that pretence +was removed, still refusing to give that satisfaction, +though suffering as he did under a load of infamy +and obloquy, and though urged to give it by persons +of the greatest character. I have stated this to your +Lordships as the strongest presumption of guilt, and +that this presumption is strengthened by the very +excuse which he fabricated for a part of his bribes, +when he knew that the proof of them was irresistible, +and that this excuse is a high aggravation of his +guilt,—that this excuse is not supported by law, +that it is not supported by reason, that it does not +stand with his covenant, but carries with it a manifest +proof of corruption, and that it cannot be justified +by any principle, custom, or usage whatever. My +Lords, I say I have done with the presumption arising +from his conduct as it regarded the fact specifically +charged against him, and with respect to the relation +he stood in to the Court of Directors, and from the +attempt he made to justify that conduct. I believe +your Lordships will think both one and the other +strong presumptions of his criminality, and of his +knowledge that the act he was doing was criminal.</p> + +<p>I have another fact to lay before your Lordships, +which affords a further presumption of his guilt, and +which will show the mischievous consequences of it; +and I trust your Lordships will not blame me for +going a little into it. Your Lordships know we +charge that the appointment of such a woman as +Munny Begum to the guardianship of the Nabob, to +the superintendency of the civil justice of the coun<span class='pagenum'><a name="Page_275" id="Page_275">{275}</a></span>try, +and to the representation of the whole government, +was made for no other purpose than that +through this corrupt woman sixteen thousand pounds +a year, the whole tattered remains of the Nabob's +grandeur, might be a prey to Mr. Hastings: it could +be for no other. Now your Lordships would imagine, +that, after this, knowing he was already grievously suspected, +he would have abstained from giving any further +ground for suspicion by a repetition of the same +acts through the same person; as no other reason +could be furnished for such acts, done directly contrary +to the order of his superiors, but that he was +actuated by the influence of bribery. Your Lordships +would imagine, that, when this Munny Begum +was removed upon a charge of corruption, Mr. Hastings +would have left her quiet in tranquil obscurity, +and that he would no longer have attempted to elevate +her into a situation which furnished against +himself so much disgrace and obloquy to himself, +and concerning which he stood charged with a direct +and positive act of bribery. Your Lordships well +know, that, upon the deposition of that great magistrate, +Mahomed Reza Khân, this woman was appointed +to supply his place. The Governor-General and +Council (the majority of them being then Sir John +Clavering, Colonel Monson, and Mr. Francis) had +made a provisional arrangement for the time, until +they should be authorized to fill up the place in a +proper manner. Soon after, there came from Europe +a letter expressing the satisfaction which the Court +of Directors had received in the acquittal of Mahomed +Reza Khân, expressing a regard for his character, an +high opinion of his abilities, and a great disposition +to make him some recompense for his extreme suffer<span class='pagenum'><a name="Page_276" id="Page_276">{276}</a></span>ings; +and accordingly they ordered that he should be +again employed. Having no exact ideas of the state +of employments in that country, they made a mistake +in the specific employment for which they +named him; for, being a Mahometan, and the head +of the Mahometans in that country, he was named to +an office which must be held by a Gentoo. But the +majority I have just named, who never endeavored +by any base and delusive means to fly from their +duty, or not to execute it at all, because they were +desired to execute it in a way in which they could +not execute it, followed the spirit of the order; and +finding that Mahomed Reza Khân, before his imprisonment +and trial, had been in possession of another +employment, they followed the spirit of the instructions +of the Directors and replaced him in that employment: +by which means there was an end put +to the government of Munny Begum, the country +reverted to its natural state, and men of the first +rank in the country were placed in the first situations +in it. The seat of judicature was filled with wisdom, +gravity, and learning, and Munny Begum sunk into +that situation into which a woman who had been +engaged in the practices that she had been engaged +in naturally would sink at her time of life. Mr. +Hastings resisted this appointment. He trifled with +the Company's orders on account of the letter of +them, and endeavored to disobey the spirit of them. +However, the majority overbore him; they put Mahomed +Reza Khân into his former situation; and as +a proof and seal to the honor and virtue of their +character, there was not a breath of suspicion that +they had any corrupt motive for this conduct. They +were odious to many of the India House here; they<span class='pagenum'><a name="Page_277" id="Page_277">{277}</a></span> +were odious to that corrupt influence which had +begun and was going on to ruin India; but in the +face of all this odium, they gave the appointment to +Mahomed Reza Khân, because the act contained in +itself its own justification. Mr. Hastings made a violent +protest against it, and resisted it to the best +of his power, always in favor of Munny Begum, as +your Lordships will see. Mr. Hastings sent this protest +to the Directors; but the Directors, as soon as +the case came before them, acknowledged their error, +and praised the majority of the Council, Sir John +Clavering, Colonel Monson, and Mr. Francis, for the +wise and honorable part they had taken upon the occasion, +by obeying the spirit and not the letter,—commended +the act they had done,—confirmed Mahomed +Reza Khân in his place,—and to prevent +that great man from being any longer the sport of +fortune, any longer the play of avarice between corrupt +governors and dancing-girls, they gave him the +pledged faith of the Company that he should remain +in that office as long as his conduct deserved their +protection: it was a good and an honorable tenure. +My Lords, soon afterwards there happened two +lamentable deaths,—first of Colonel Monson, afterwards +of General Clavering. Thus Mr. Hastings +was set loose: there was an inspection and a watch +upon his conduct, and no more. He was then just +in the same situation in which he had stood in 1772. +What does he do? Even just what he did in 1772. +He deposes Mahomed Reza Khân, notwithstanding +the Company's orders, notwithstanding their pledged +faith; he turns him out, and makes a distribution of +two lacs and a half of rupees, the salary of that great +magistrate, in the manner I will now show your<span class='pagenum'><a name="Page_278" id="Page_278">{278}</a></span> +Lordships. He made an arrangement consisting of +three main parts: the first was with regard to the +women, the next with regard to the magistracy, the +last with regard to the officers of state of the household.</p> + +<p>The first person that occurred to Mr. Hastings was +Munny Begum; and he gave her, not out of that part +of the Nabob's allowance which was to support the +seraglio, but out of the allowance of this very magistrate, +just as if such a thing had been done here out +of the salary of a Lord Chancellor or a Lord Chief-Justice,—out +of these two lacs and a half of rupees, +that is, about twenty-four or twenty-five thousand +pounds a year, he ordered an allowance to be made +to Munny Begum of 72,000 rupees per annum, or +7,200<i>l.</i> a year; for the Nabob's own mother, whom +he thrust, as usual, into a subordinate situation, he +made an allowance of 3,000<i>l.</i>; to the Sudder ul Huk +Khân, which is, translated into English, the Lord +Chief-Justice, he allowed the same sum that he did +to the dancing-girl, (which was very liberal in him, +and I am rather astonished to find it,) namely, +7,200<i>l.</i> a year. And who do you think was the next +public officer he appointed? It was the Rajah Gourdas, +the son of Nundcomar, and whose testimony he +has attempted both before and since this occasion to +weaken. To him, however, he gave an employment +of 6,000<i>l.</i> a year, as if to make through the son some +compensation to the manes of the father. And in +this manner he distributes, with a wild and liberal +profusion, between magistrates and dancing-girls, the +whole spoil of Mahomed Reza Khân, notwithstanding +the Company's direct and positive assurance given +to him. Everything was done, at the same time, to<span class='pagenum'><a name="Page_279" id="Page_279">{279}</a></span> +put, as it was before, into the hands of this dancing-girl +the miserable Nabob's whole family; and that +the fund for corruption might be large enough, he +did not take the money for this dancing-girl out of +the Nabob's separate revenue, of which he and the +dancing-girl had the private disposal between them.</p> + +<p>Now upon what pretence did he do all this? The +Nabob had represented to Mr. Hastings that he was +now of age,—that he was an independent, sovereign +prince,—that, being independent and sovereign in +his situation, and being of full age, he had a right to +manage his own concerns himself; and therefore he +desired to be admitted to that management. And, +indeed, my Lords, ostensibly, and supposing him to +have been this independent prince, and that the +Company had no authority or had never exercised +any authority over him through Mr. Hastings, there +might be a good deal said in favor of this request. +But what was the real state of the case? The Nabob +was a puppet in the hands of Mr. Hastings and Munny +Begum; and you will find, upon producing the +correspondence, that he confesses that she was the +ultimate object and end of this request.</p> + +<p>I think this correspondence, wherein a son is made +to petition, in his own name, for the elevation of a +dancing-girl, his step-mother, above himself and everybody +else, will appear to your Lordships such a curiosity +as, I believe, is not to be found in the state correspondence +of the whole world. The Nabob begins +thus:—"The excellency of that policy by which her +Highness the Begum" (meaning Munny Begum) +"(may her shadow be far extended!) formerly, during +the time of her administration, transacted the +affairs of the nizamut in the very best and most ad<span class='pagenum'><a name="Page_280" id="Page_280">{280}</a></span>vantageous +manner, was, by means of the delusions of +enemies disguised under the appearance of friends, +hidden from me. Having lately seriously reflected +on my own affairs, I am convinced that it was the +effect of maternal affection, was highly proper, and +for my interest,—and that, except the said Begum is +again invested with the administration, the regulation +and prosperity of this family, which is in fact her +own, cannot be effected. For this cause, from the +time of her suspension until now, I have passed my +time, and do so still, in great trouble and uneasiness. +As all affairs, and particularly the happiness and +prosperity of this family, depend on your pleasure, I +now trouble you, in hopes that you, likewise concurring +in this point, will be so kind as to write in fit +and proper terms to her Highness the Begum, that +she will always, as formerly, employ her authority in +the administration of the nizamut and the affairs of +this family."</p> + +<p>This letter, my Lords, was received upon the 23d +of August; and your Lordships may observe two +things in it: first, that, some way or other, this Nabob +had been (as the fact was) made to express his +desire of being released from his subjection to the +Munny Begum, but that now he has got new lights, +all the mists are gone, and he now finds that Munny +Begum is not only the fittest person to govern +him, but the whole country. This young man, whose +incapacity is stated, and never denied, by Mr. Hastings, +and by Lord Cornwallis, and by all the rest +of the world who know him, begins to be charmed +with the excellency of the policy of Munny Begum. +Such is his violent impatience, such the impossibility +of his existing an hour but under the govern<span class='pagenum'><a name="Page_281" id="Page_281">{281}</a></span>ment +of Munny Begum, that he writes again on the +25th of August, (he had really the impatience of a +lover,) and within five days afterwards writes again,—so +impatient, so anxious and jealous is this young +man to be put under the government of an old dancing-woman. +He is afraid lest Mr. Hastings should +imagine that some sinister influence had prevailed +upon him in so natural and proper a request. He +says, "Knowing it for my interest and advantage +that the administration of the affairs of the nizamut +should be restored to her Highness the Munny Begum, +I have already troubled you with my request, +that, regarding my situation with an eye of favor, +you will approve of this measure. I am credibly +informed that some one of my enemies, from selfish +views, has, for the purpose of oversetting this measure, +written you that the said Begum procured from +me by artifice the letter I wrote you on this subject. +This causes me the greatest astonishment. Please to +consider, that artifice and delusion are confined to +cheats and impostors, and can never proceed from +a person of such exalted rank, who is the head and +patron of all the family of the deceased Nabob, my +father,—and that to be deluded, being a proof of +weakness and folly, can have no relation to me, except +the inventor of this report considers me as void +of understanding, and has represented me to the gentlemen +as a blockhead and an idiot. God knows how +harshly such expressions appear to me; but, as the +truth or falsehood has not yet been fully ascertained, +I have therefore suspended my demand of satisfaction. +Should it be true, be so kind as to inform me +of it, that the person may be made to answer for it."</p> + +<p>My Lords, here is a very proper demand. The<span class='pagenum'><a name="Page_282" id="Page_282">{282}</a></span> +Nabob is astonished at the suspicion, that such a +woman as Munny Begum, whose trade in youth had +been delusion, should be capable of deluding anybody. +Astonishing it certainly was, that a woman who had +been a deluder in youth should be suspected to be +the same in old age, and that he, a young man, +should be subject to her artifices. "They must suspect +me to be a great blockhead," he says, "if a man +of my rank is to be deluded." There he forgot +that it is the unhappy privilege of great men to be +cheated, to be deluded, much more than other persons; +but he thought it so impossible in the case +of Munny Begum, that he says, "Produce me the +traitor that could suppose it possible for me to be deluded, +when I call for this woman as the governor of +the country. I demand satisfaction." I rather wonder +that Mr. Hastings did not inform him who it was +that had reported so gross and improbable a tale, +and deliver him up to the fury of the Nabob.</p> + +<p>Mr. Hastings is absolutely besieged by him; for +he receives another letter upon the 3d of September. +Here are four letters following one another quick as +post expresses with horns sounding before them. "Oh, +I die, I perish, I sink, if Munny Begum is not put +into the government of the country!—I therefore +desire to have her put into the government of the +country, and that you will not keep me longer in this +painful suspense, but will be kindly pleased to write +immediately to the Munny Begum, that she take on +herself the administration of the affairs of the nizamut, +which is, in fact, her own family, without the +interference of any other person whatever: by this +you will give me complete satisfaction." Here is a +correspondence more like an amorous than a state<span class='pagenum'><a name="Page_283" id="Page_283">{283}</a></span> +correspondence. What is this man so eager about, +what in such a rage about, that he cannot endure +the smallest delay of the post with common patience? +Why, lest this old woman (who is not his mother, and +with whom he had no other tie of blood) should not +be made mistress of himself and the whole country! +However, in a very few months afterwards he himself +is appointed by Mr. Hastings to the government; and +you may easily judge by the preceding letters who +was to govern. It would be an affront to your Lordships' +judgment to attempt to prove who was to govern, +after he had desired to put the whole government +of affairs into the hands of Munny Begum.</p> + +<p>Now, Munny Begum having obtained this salary, +and being invested with this authority, and made in +effect the total and entire governor of the country, +as I have proved by the Nabob's letters, let us see +the consequences of it; and then I desire to know +whether your Lordships can believe that in all this +haste, which, in fact, is Mr. Hastings's haste and impatience, +(for we shall prove that the Nabob never did or +could take a step but by his immediate orders and +directions,)—whether your Lordships can believe that +Mr. Hastings would incur all the odium attending +such transactions, unless he had some corrupt consideration.</p> + +<p>My Lords, very soon after these appointments were +made, consisting of Munny Begum at the head of the +affairs, the Lord Chief-Justice under her, and under +her direction, and Rajah Gourdas as steward of the +household, the first thing we hear is, just what your +Lordships expect to hear upon such a case, that this +unfortunate chief-justice, who was a man undoubtedly +of but a poor, low disposition, but, I believe, a per<span class='pagenum'><a name="Page_284" id="Page_284">{284}</a></span>fectly +honest, perfectly well-intentioned man, found it +absolutely impossible for him to execute his office under +the direction of Munny Begum; and accordingly, +in the month of September following, he sends a +complaint to Mr. Hastings, "that certain bad men +had gained an ascendency over the Nabob's temper, by +whose instigation he acts." After complaining of the +slights he receives from the Nabob, he adds, "Thus +they cause the Nabob to treat me, sometimes with indignity, +at others with kindness, just as they think +proper to advise him: their view is, that, by compelling +me to displeasure at such unworthy treatment, +they may force me either to relinquish my station, or +to join with them, and act by their advice, and appoint +creatures of their recommendation to the different +offices, from which they might draw profit to themselves." +This is followed by another letter, in which +he shows who those corrupt men were that had gained +the ascendency over the Nabob's temper,—namely, +the eunuchs of Munny Begum: one of them her +direct instrument in bribery with Mr. Hastings. +What you would expect from such a state of things +accordingly happened. Everything in the course of +justice was confounded; all official responsibility destroyed; +and nothing but a scene of forgery, peculation, +and knavery of every kind and description prevailed +through the country, and totally disturbed all +order and justice in it. He says, "The Begum's ministers, +before my arrival, with the advice of their +counsellors, caused the Nabob to sign a receipt, in +consequence of which they received at two different +times near fifty thousand rupees, in the name of the +officers of the Adawlut, Foujdarry, &c., from the +Company's circar; and having drawn up an account<span class='pagenum'><a name="Page_285" id="Page_285">{285}</a></span>-current +in the manner they wished, they got the Nabob +to sign it, and then sent it to me." In the same +letter he asserts "that these people have the Nabob +entirely in their power."</p> + +<p>My Lords, you see here Mr. Hastings enabling the +corrupt eunuchs of this wicked old woman to draw +upon the Company's treasury at their pleasure, under +forged papers of the Nabob, for just such moneys as +they please, under the name and pretence of giving +it to the officers of justice, but which they distribute +among themselves as they think fit. This complaint +was soon followed by another, and they furnish, first, +the strongest presumptive proof of the corrupt motives +of Mr. Hastings; and, secondly, they show the horrible +mischievous effects of his conduct upon the country.</p> + +<p>In consequence of the first complaint, Mr. Hastings +directs this independent Nabob not to concern himself +any longer with the Foujdarry. The Nabob, who +had before declared that the superintendence of all +the offices belonged to him, and was to be executed +by himself, or under his orders, instantly obeys +Mr. Hastings, and declares he will not interfere in +the business of the courts any more. Your Lordships +will observe further that the complaint is not against +the Nabob, but against the creatures and the menial +servants of Munny Begum: and yet it is the Nabob +he forbids to interfere in this business; of the others +he takes no notice; and this is a strong proof of the +corrupt dealings of Mr. Hastings with this woman. +When the whole country was fallen into confusion +under the administration of this woman, and under +her corrupt ministers, men base-born and employed +in the basest offices, (the men of the household train +of the women of rank in that country are of that<span class='pagenum'><a name="Page_286" id="Page_286">{286}</a></span> +description,) he writes to the Nabob again, and himself +confesses the mischiefs that had arisen from his +corrupt arrangements.</p> + +<p>"At your Excellency's request, I sent Sudder ul +Huk Khân to take on him the administration of the +affairs of the Adawlut and Foujdarry, and hoped by +that means not only to have given satisfaction to +your Excellency, but that through his abilities and +experience these affairs would have been conducted +in such manner as to have secured the peace of the +country and the happiness of the people; and it is +with the greatest concern I learn that this measure is +so far from being attended with the expected advantages, +that the affairs both of the Foujdarry and Adawlut +are in the greatest confusion imaginable, and daily +robberies and murders are perpetrated throughout +the country. This is evidently owing to the want of +a proper authority in the person appointed to superintend +them. I therefore addressed your Excellency +on the importance and delicacy of the affairs in question, +and of the necessity of lodging full power in +the hands of the person chosen to administer them. +In reply to which your Excellency expressed sentiments +coincident with mine. Notwithstanding which, +your dependants and people, actuated by selfish and +avaricious views, have by their interference so impeded +the business as to throw the whole country into a +state of confusion, from which nothing can retrieve it +but an unlimited power lodged in the hands of the +superintendent. I therefore request that your Excellency +will give the strictest injunctions to all your +dependants not to interfere in any manner with any +matter relative to the affairs of the Adawlut and +Foujdarry, and that you will yourself relinquish all<span class='pagenum'><a name="Page_287" id="Page_287">{287}</a></span> +interference therein, and leave them entirely to the +management of Sudder ul Huk Khân. This is absolutely +necessary to restore the country to a state of +tranquillity."</p> + +<p>My Lords, what evidence do we produce to your +Lordships of the consequences of Mr. Hastings's corrupt +measures? His own. He here gives you the +state into which the country was thrown by the criminal +interference of the wicked woman whom he had +established in power, totally superseding the regular +judicial authority of the country, and throwing everything +into confusion. As usual, there is such irregularity +in his conduct, and his crimes are so multiplied, +that all the contrivances of ingenuity are unable to +cover them. Now and then he comes and betrays himself; +and here he confesses you his own weakness, and +the effects of his own corruption: he had appointed +Munny Begum to this office of power, he dare not +say a word to her upon her abuse of it, but he lays +the whole upon the Nabob. When the Chief-Justice +complains that these crimes were the consequence of +Munny Begum's interference, and were committed +by her creatures, why did he not say to the Nabob, +"The Begum must not interfere; the Begum's eunuchs +must not interfere"? He dared not: because +that woman had concealed all the bribes but one from +public notice to gratify him; she and Yatibar Ali +Khân, her minister, who had the principal share in +this destruction of justice and perversion of all the +principal functions of government, had it in their +power to discover the whole. Mr. Hastings was +obliged, in consequence of that concealment, to support +her and to support him. Every evil principle +was at work. He bought a mercenary silence to pay<span class='pagenum'><a name="Page_288" id="Page_288">{288}</a></span> +the same back to them. It was a wicked silence, the +concealment of their common guilt. There was at +once a corrupt gratitude operating mutually by a corrupt +influence on both, and a corrupt fear influencing +the mind of Mr. Hastings, which did not permit him +to put an end to this scene of disorder and confusion, +bought at the expense of twenty-four thousand pounds +a year to the Company. You will hereafter see what +use he makes of the evidence of Yatibar Ali Khân, +and of this woman, for concealing their guilt.</p> + +<p>Your Lordships will observe that the virtuous majority, +whose reign was but short, and two of whom +died of grief and vexation under the impediments +which they met with from the corruptions and oppositions +of Mr. Hastings, (their indirect murderer,—for +it is well known to the world that their hearts +were thus broken,) put their conduct out of all suspicion. +For they ordered an exact account to be +kept by Mahomed Reza Khân,—though, certainly, +if any person in the country could be trusted, he, +upon his character, might; but they did not trust +him, because they knew the Company did not suffer +them to trust any man: they ordered an exact account +to be kept by him of the Nabob's expenses, +which finally must be the Company's expenses; they +ordered the account to be sent down yearly, to be +controlled, if necessary, whilst the means of control +existed.—What was Mr. Hastings's conduct? He +did not give the persons whom he appointed any +order to produce any account, though their character +and circumstances were such as made an account +ten thousand times more necessary from them than +from those from whom it had been in former times +by the Company strictly exacted. So that his not<span class='pagenum'><a name="Page_289" id="Page_289">{289}</a></span> +ordering any account to be given of the money that +was to be expended leaves no doubt that the appointment +of Munny Begum was in pursuance of his old +system of bribery, and that he maintained her in office, +to the subversion of public justice, for the purpose +of robbing, and of continuing in the practice of +robbing, the country.</p> + +<p>But though this continued longer than was for the +good of the country, yet it did not continue absolutely +and relatively long; because the Court of Directors, +as soon as they heard of this iniquitous appointment, +which glared upon them in all the light of its infamy, +immediately wrote the strongest, the most decided, +and the most peremptory censure upon him, attributing +his acts, every one of them, to the same causes to +which I attribute them. As a proof that the Court +of Directors saw the thing in the very light in which +I represent it to your Lordships, and indeed in which +every one must see it, you will find that they reprobate +all his idle excuses,—that they reprobate all the +actors in the scene,—that they consider everything +to have been done, not by the Nabob, but by himself,—that +the object of the appointment of Munny Begum +was <i>money</i>, and that the consequence of that appointment +was the robbery of the Nabob's treasury. +"We by no means approve your late proceedings, +on the application of the Nabob Mobarek ul Dowlah +for the removal of the Naib Subahdar. The requisition +of Mobarek ul Dowlah was improper and +unfriendly; because he must have known that the +late appointment of Mahomed Reza Khân to the office +of Naib Subahdar had been marked with the +Company's special approbation, and that the Court +of Directors had assured him of their favor so long<span class='pagenum'><a name="Page_290" id="Page_290">{290}</a></span> +as a firm attachment to the Company's interest and a +proper discharge of the duties of his station should +render him worthy of their protection. We therefore +repeat our declaration, that to require the dismission +of a prime-minister thus circumstanced, without +producing the smallest proof of his infidelity to +the Company, or venturing to charge him with one +instance of maladministration in the discharge of his +public duty, was improper and inconsistent with the +friendship subsisting between the Nabob of Bengal +and the Company." And further on they say,—"The +Nabob having intimated that he had repeatedly +stated the trouble and uneasiness which he had suffered +from the naibship of the nizamut being vested +in Mahomed Reza Khân, we observe one of the members +of your board desired the Nabob's repeated letters +on the subject might be read, but this reasonable +request was overruled, on a plea of saving the board's +time, which we can by no means admit as a sufficient +objection. The Nabob's letters of the 25th and 30th +August, of the 3d September and 17th November, +leave us no doubt of the true design of this extraordinary +business being to bring forward Munny Begum, +and again to invest her with improper power and influence, +notwithstanding our former declaration, that +so great a part of the Nabob's allowance had been +embezzled or misapplied under her superintendence."</p> + +<p>At present I do not think it necessary, because it +would be doing more than enough, it would be slaying +the slain, to show your Lordships what Mr. Hastings's +motives were in acting against the sense of the +East India Company, appointed by an act of Parliament +to control him,—that he did it for a corrupt +purpose, that all his pretences were false and fraudu<span class='pagenum'><a name="Page_291" id="Page_291">{291}</a></span>lent, +and that he had his own corrupt views in the +whole of the proceeding. But in the statement which +I have given of this matter, I beg your Lordships +to observe the instruments with which Mr. Hastings +acts. The great men of that country, and particularly +the Subahdar himself, the Nabob, are and is in so +equivocal a situation, that it afforded him two bolting-holes, +by which he is enabled to resist the authority +of the Company, and exercise an arbitrary authority +of his own: for, though the Nabob has the titles of +high sovereignty, he is the lowest of all dependants; +he appears to be the master of the country,—he is a +pensioner of the Company's government.</p> + +<p>When Mr. Hastings wants him to obey and answer +his corrupt purposes, he finds him in the character of +a pensioner: when he wants his authority to support +him in opposition to the authority of the Company, +immediately he invests him with high sovereign powers, +and he dare not execute the orders of the Company +for fear of doing some act that will make him +odious in the eyes of God and man. We see how he +appointed all officers for him, and forbade his interference +in all affairs. When the Company see the impropriety +and the guilt of these acts, and order him +to rescind them, and appoint again Mahomed Reza +Khân, he declares he will not, that he cannot do +it in justice, but that he will consent to send him the +order of the Company, but without backing it with +any order of the board: which, supposing even there +had been no private communication, was, in other +words, commanding him to disobey it. So this poor +man, who a short time before was at the feet of Mr. +Hastings, whom Mr. Hastings declared to be a pageant, +and swore in a court of justice that he was<span class='pagenum'><a name="Page_292" id="Page_292">{292}</a></span> +but a pageant, and followed that affidavit with long +declarations in Council that he was a pageant in sovereignty, +and ought in policy ever to be held out as +such,—this man he sets up in opposition to the +Company, and refuses to appoint Mahomed Reza +Khân to the office which was guarantied to him by +the express faith of the Company, pledged to his support. +Will any man tell me that this resistance, +under such base, though plausible pretences, could +spring from any other cause than a resolution of persisting +systematically in his course of corruption and +bribery through Munny Begum?</p> + +<p>But there is another circumstance that puts this in +a stronger light. He opposes the Nabob's mock authority +to the authority of the Company, and leaves +Mahomed Reza Khân unemployed, because, as he +says, he cannot in justice execute orders from the +Company (though they are his undoubted masters) +contrary to the rights of the Nabob. You see what +the rights of the Nabob were: the rights of the Nabob +were, to be governed by Munny Begum and her +scandalous ministers. But, however, we now see +him exalted to be an independent sovereign; he defies +the Company at the head of their armies and +their treasury; that name that makes all India shake +was defied by one of its pensioners. My Lords, human +greatness is an unstable thing. This man, so +suddenly exalted, was as soon depressed; and the +manner of his depression is as curious as that of his +exaltation by Mr. Hastings, and will tend to show +you the man most clearly.</p> + +<p>Mr. Francis, whose conduct all along was directed +by no other principles than those which were in conformity +with the plan adopted by himself and his<span class='pagenum'><a name="Page_293" id="Page_293">{293}</a></span> +virtuous colleagues, namely, an entire obedience to +the laws of his country, and who constantly had +opposed Mr. Hastings, upon principles of honor, and +principles of obedience to the authority of the Company +under which he acted, had never contended for +any one thing, in any way, or in any instance, but +obedience to them, and had constantly asserted that +Mahomed Reza Khân ought to be put into employment. +Mr. Hastings as constantly opposed him; and +the reason he gave for it was, that it was against +the direct rights of the Nabob, and that they were +rights so sacred that they could not be infringed +even by the sovereign authority of the Company ordering +him to do it. He had so great an aversion +to the least subtraction of the Nabob's right, that, +though expressly commanded by the Court of Directors, +he would not suffer Mahomed Reza Khân to be +invested with his office under the Company's authority. +The Nabob was too sovereign, too supreme, for +him to do it. But such is the fate of human grandeur, +that a whimsical event reduced the Nabob to his +state of pageant again, and made him the mere subject +of—you will see whom. Mr. Hastings found he +was so embarrassed by his disobedience to the spirit +of the orders of the Company, and by the various +wild projects he had formed, as to make it necessary +for him, even though he had a majority in the Council, +to gain over at any price Mr. Francis. Mr. +Francis, frightened by the same miserable situation +of affairs, (for this happened at a most dangerous period,—the +height of the Mahratta war,) was willing +likewise to give up his opposition to Mr. Hastings, to +suspend the execution of many rightful things, and to +concede them to the public necessity. Accordingly<span class='pagenum'><a name="Page_294" id="Page_294">{294}</a></span> +he agreed to terms with Mr. Hastings. But what +was the price of that concession? Any base purpose, +any desertion of public duty? No: all that he desired +of Mr. Hastings was, that he should obey the +orders of the Company; and among other acts of +the obedience required was this, that Mahomed Reza +Khân should be put into his office.</p> + +<p>You have heard how Mr. Hastings opposed the +order of the Company, and on what account he opposed +it. On the 1st of September he sent an order +to the Nabob, now become his subject, to give up +this office to Mahomed Reza Khân: an act which he +had before represented as a dethroning of the Nabob. +The order went on the 1st of September, and on the +3d this great and mighty prince, whom all earth +could not move from the assertion of his rights, gives +them all up, and Mahomed Reza Khân is invested +with them. So there all his pretences were gone. +It is plain that what had been done before was for +Munny Begum, and that what he now gave up was +from necessity: and it shows that the Nabob was the +meanest of his servants; for in truth he ate his daily +bread out of the hands of Mr. Hastings, through +Munny Begum.</p> + +<p>Mahomed Reza Khân was now invested again with +his office; but such was the treachery of Mr. Hastings, +that, though he wrote to the Nabob that this +was done in consequence of the orders of the Company, +he did clandestinely, according to his usual +mode, assure the Nabob that Mahomed Reza Khân +should not hold the place longer than till he heard +from England. He then wrote him another letter, +that he should hold it no longer than while he submitted +to his present necessity, (thus giving up to<span class='pagenum'><a name="Page_295" id="Page_295">{295}</a></span> +his colleague what he refused to the Company,) and +engaged, privately, that he would dismiss Mahomed +Reza Khân again. And accordingly, the moment he +thought Mr. Francis was not in a condition to give +him trouble any longer, that moment he again turned +out Mahomed Reza Khân from that general superintendence +of affairs which the Company gave him, +and deposed him as a minister, leaving him only a +very confined authority as a magistrate.</p> + +<p>All these changes, no less than four great revolutions, +if I may so call them, were made by Mr. Hastings +for his own corrupt purposes. This is the manner +in which Mr. Hastings has played with the most +sacred objects that man ever had a dealing with: +with the government, with the justice, with the order, +with the dignity, with the nobility of a great country: +he played with them to satisfy his own wicked and +corrupt purposes through the basest instrument.</p> + +<p>Now, my Lords, I have done with these presumptions +of corruption with Munny Begum, and have +shown that it is not a slight crime, but that it is +attended with a breach of public faith, with a breach +of his orders, with a breach of the whole English government, +and the destruction of the native government, +of the police, the order, the safety, the security, +and the justice of the country,—and that all these +are much concerned in this cause. Therefore the +Commons stand before the face of the world, and say, +We have brought a cause, a great cause, a cause +worthy the Commons of England to prosecute, and +worthy the Lords to judge and determine upon.</p> + +<p>I have now nothing further to state than what the +consequences are of Mr. Hastings taking bribes,—that +Mr. Hastings's taking of bribes is not only his<span class='pagenum'><a name="Page_296" id="Page_296">{296}</a></span> +own corruption, but the incurable corruption of the +whole service. I will show, first, that he was named +in 1773 to put an end to that corruption. I will +show that he did not,—that he knowingly and willingly +connived at it,—and that that connivance was +the principal cause of all the disorders that have hitherto +prevailed in that country. I will show you that +he positively refused to obey the Company's order +to inquire into and to correct the corruptions that +prevailed in that country; next, that he established +an avowed system of connivance, in order to gain +over everything that was corrupt in the country; +and that, lastly, to secure it, he gave up all the +prosecutions, and enervated and took away the sole +arm left to the Company for the assertion of authority +and the preservation of good morals and purity in +their service.</p> + +<p>My Lords, here is a letter, in the year 1773, in +which the Court of Directors had, upon his own +representation, approved some part of his conduct. +He is charmed with their approbation; he promises +the greatest things; but I believe your Lordships +will see, from the manner in which he proceeds at +that very instant, that a more deliberate system, for +not only being corrupt himself, but supporting corruption +in others, never was exhibited in any public +paper.</p> + +<p>"While I indulge the pleasure which I receive +from the past successes of my endeavors, I own I +cannot refrain from looking back with a mixture of +anxiety on the omissions by which I am sensible I +may since have hazarded the diminution of your esteem. +All my letters addressed to your Honorable +Court, and to the Secret Committee, repeat the stron<span class='pagenum'><a name="Page_297" id="Page_297">{297}</a></span>gest +promises of prosecuting the inquiries into the conduct +of your servants which you had been pleased to +commit particularly to my charge. You will readily +perceive that I must have been sincere in those declarations; +since it would have argued great indiscretion +to have made them, had I foreseen my inability +to perform them. I find myself now under the disagreeable +necessity of avowing that inability; at the +same time I will boldly take upon me to affirm, +that, on whomsoever you might have delegated that +charge, and by whatever powers it might have been +accompanied, it would have been sufficient to occupy +the entire attention of those who were intrusted with +it, and, even with all the aids of leisure and authority, +would have proved ineffectual. I dare appeal to the +public records, to the testimony of those who have +opportunities of knowing me, and even to the detail +which the public voice can report of the past acts of +this government, that my time has been neither idly +nor uselessly employed: yet such are the cares and +embarrassments of this various state, that, although +much may be done, much more, even in matters of +moment, must necessarily remain neglected. To select +from the miscellaneous heap which each day's exigencies +present to our choice those points on which +the general welfare of your affairs most essentially +depends, to provide expedients for future advantages +and guard against probable evils, are all that your administration +can faithfully promise to perform for your +service with their united labors most diligently exerted. +They cannot look back without sacrificing the +objects of their immediate duty, which are those of +your interests, to endless researches, which can produce +no real good, and may expose your affairs to all<span class='pagenum'><a name="Page_298" id="Page_298">{298}</a></span> +the ruinous consequences of personal malevolence, +both here and at home."</p> + +<p>My Lords, this is the first man, I believe, that ever +took credit for his sincerity from his breach of his +promises. "I could not," he says, "have made these +promises, if I had not thought that I could perform +them. Now I find I cannot perform them, and you +have in that non-performance and in that profession +a security for my sincerity when I promised them." +Upon this principle, any man who makes a promise +has nothing to do afterwards, but to say that he finds +himself (without assigning any particular cause for +it) unable to perform it,—not only to justify himself +for his non-performance, but to justify himself +and claim credit for sincerity in his original profession. +The charge was given him specially, and he +promised obedience, over and over, upon the spot, +and in the country, in which he was no novice, for +he had been bred in it: it was his native country in +one sense, it was the place of his renewed nativity +and regeneration. Yet this very man, as if he was a +novice in it, now says, "I promised you what I now +find I cannot perform." Nay, what is worse, he +declares no man could perform it, if he gave up his +whole time to it. And lastly, he says, that the inquiry +into these corruptions, even if you succeeded +in it, would do more harm than good. Now was +there ever an instance of a man so basely deserting +a duty, and giving so base a reason for it? His duty +was to put an end to corruption in every channel of +government. It cannot be done. Why? Because +it would expose our affairs to malignity and enmity, +and end, perhaps, to our disadvantage. Not only +will he connive himself, but he advises the Company<span class='pagenum'><a name="Page_299" id="Page_299">{299}</a></span> +to do it. For fear of what? For fear that their +service was so abandoned and corrupt, that the display +of the evil would tend more to their disreputation +than all their attempts to reform it would tend +to their service.</p> + +<p>Mr. Hastings should naturally have imagined that +the law was a resource in this desperate case of bribery. +He tells you, that in "that charge of oppression, +though they were supported by the cries of the +people and the most authentic representations, it is +yet impossible in most cases to obtain legal proofs." +Here is a system of total despair upon the business, +which I hope and believe is not a desperate one, +and has not proved a desperate one, whenever a +rational attempt has been made to pursue it. Here +you find him corrupt, and you find, in consequence +of that corruption, that he screens the whole body of +corruption in India, and states an absolute despair of +any possibility, by any art or address, of putting an +end to it. Nay, he tells you, that, if corruption did +not exist, if it was not connived at, that the India +Company could not exist. Whether that be a truth +or not I cannot tell; but this I know, that it is the +most horrible picture that ever was made of any +country. It might be said that these were excuses +for omissions,—sins of omission he calls them. I +will show that they were systematic, that Mr. Hastings +did uniformly profess that he would connive at +abuses, and contend that abuses ought to be connived +at. When the whole mystery of the iniquity, +in which he himself was deeply concerned, came to +light,—when it appeared that all the Company's orders +were contravened,—that contracts were given +directly contrary to their orders, and upon principles<span class='pagenum'><a name="Page_300" id="Page_300">{300}</a></span> +subversive of their government, leading to all manner +of oppression and ruin to the country,—what was +Mr. Hastings's answer? "I must here remark, that +the majority ... I had not the power of +establishing it."<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor" title=" Document wanting.">[5]</a> Then he goes on and states other +cases of corruption, at every one of which he winks. +Here he states another reason for his connivance. +"Suppose again," (for he puts another supposition, +and these suppositions are not hypotheses laid down +for argument, but real facts then existing before +the Council examining into grievances,)—"suppose +again, that any person had benefited himself ... +unprofitable discussion."<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor" title=" Document wanting.">[6]</a></p> + +<p>Here is a direct avowal of his refusing to examine +into the conduct of persons in the Council, even in +the highest departments of government, and the best +paid, for fear he should dissatisfy them, and should +lose their votes, by discovering those peculations and +corruptions, though he perfectly knew them. Was +there ever, since the world began, any man who +would dare to avow such sentiments, until driven +to the wall? If he could show that he himself abhorred +bribes, and kept at a distance from them, then +he might say, "I connive at the bribes of others"; +but when he acknowledges that he takes bribes, how +can you doubt that he buys a corrupt confederacy, +and puts an end to any hope through him of reformation +of the abuses at Bengal? But your Lordships +will see that he not only connived at abuse, but patronized +it and supported it for his own political purposes; +since he here confesses, that, if inquiry into it +created him ill-humor, and produced him an opposi<span class='pagenum'><a name="Page_301" id="Page_301">{301}</a></span>tion +in Council, he sacrificed it to the power of the +Company, and the constitution of their government. +Did he so? The Company ordered him to prosecute +those people, and their constitution required that +they should be prosecuted. "No," says Mr. Hastings, +"the conniving at it procures a majority of +votes." The very thing that he bought was not +worth half the price he paid for it. He was sent +to reform corruptions, and, in order that he might +reform corruptions, he winked at, countenanced, and +patronized them, to get a majority of votes; and +what was, in fact, a sacrifice to his own interest, +ambition, and corruption, he calls a sacrifice to the +Company. He puts, then, this alternative: "Either +give everything into my hand, suffer me to go on, +and have no control, or else I wink at every species +of corruption." It is a remarkable and stupendous +thing, that, when all the world was alarmed at the +disorders of the Company, when that alarm occasioned +his being sent out, and when, in consequence +of that alarm, Parliament suspended the constitution +of the Company, and appointed another government, +Mr. Hastings should tell that Company that Parliament +had done wrong, and that the person put at +the head of that government was to wink at those +abuses. Nay, what is more, not only does Mr. Hastings +declare, upon general principles, that it was +impossible to pursue all the delinquencies of India, +and that, if possible to pursue them, mischief would +happen from it, but your Lordships will observe that +Mr. Hastings, in this business, during the whole period +of the administration of that body which was +sent out to inquire into and reform the corruptions +of India, did not call one person to an account; nor,<span class='pagenum'><a name="Page_302" id="Page_302">{302}</a></span> +except Mr. Hastings, this day, has any one been +called to an account, or punished for delinquency. +Whether he will be punished or no, time will show. +I have no doubt of your Lordships' justice, and of the +goodness of our cause.</p> + +<p>The table of the House of Commons groaned under +complaints of the evils growing in India under this +systematic connivance of Mr. Hastings. The Directors +had set on foot prosecutions, to be conducted +God knows how; but, such as they were, they were +their only remedy; and they began to consider at last +that these prosecutions had taken a long oblivious +nap of many years; and at last, knowing that they +were likely, in the year 1782, to be called to a strict +account about their own conduct, the Court of Directors +began to rouse themselves, and they write thus: +"Having in several of our letters to you very attentively +perused all the proceedings referred to in these +paragraphs, relative to the various forgeries on the +Company's treasuries, we lament exceedingly that +the parties should have been so long in confinement +without being brought to trial."</p> + +<p>Here, my Lords, after justice had been asleep +awhile, it revived. They directed two things: first, +that those suits should be pursued; but whether +pursued or not, that an account of the state of them +should be given, that they might give orders concerning +them.</p> + +<p>Your Lordships see the orders of the Company. Did +they not want to pursue and to revive those dormant +prosecutions? They want to have a state of them, +that they may know how to direct the future conduct +of them with more effect and vigor than they had yet +been pursued with. You will naturally imagine that<span class='pagenum'><a name="Page_303" id="Page_303">{303}</a></span> +Mr. Hastings did not obey their orders, or obeyed +them languidly. No, he took another part. He says, +"Having attentively read and weighed the arguments +... for withdrawing them."<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor" title=" Document wanting.">[7]</a></p> + +<p>Thus he begins with the general principle of connivance; +he directly avows he does it for a political +purpose; and when the Company directs he shall proceed +in the suits, instead of deferring to their judgment, +he takes the judgment on himself, and says +theirs is untenable; he directly discharges the prosecutions +of the Company, supersedes the authority of +his masters, and gives a general release to all the persons +who were still suffering by the feeble footsteps +of justice in that country. He gave them an act of +indemnity, and that was the last of his acts.</p> + +<p>Now, when I show the consequence of his bribery, +the presumptions that arise from his own bribes, his +attention to secure others from the punishment of +theirs, and, when ordered to carry on a suit, his discharging +it,—when we see all this, can we avoid judging +and forming our opinions upon two grand points: +first, that no man would proceed in that universal patronage +of guilt, unless he was guilty himself; next, +that, by a universal connivance for fourteen years, he +is himself the cause and mainspring of all the evils, +calamities, extortion, and bribery, that have prevailed +and ravaged that country for so long a time? There +is, indeed, no doubt either of his guilt, or of the consequences +of it, by which he has extinguished the last +expiring hope and glimpse that remained of procuring +a remedy for India of the evils that exist in it.</p> + +<p>I would mention, that, as a sort of postscript, when<span class='pagenum'><a name="Page_304" id="Page_304">{304}</a></span> +he could no longer put the government into the hands +of that infamous woman, Munny Begum, he sent an +amorous, sentimental letter to the Company, describing +her miserable situation, and advising the Company +to give her a pension of seventy-two thousand +rupees a year, to maintain her. He describes her +situation in such a moving way as must melt every +heart. He supposes her to be reduced to want by +the cruel orders of the Company, who retain from her +money which they were never obliged to give her. +This representation, which he makes with as much +fairness as he represents himself to be in a state of +the most miserable poverty and distress, he alone +made to the Company, because his colleagues would +not countenance him in it; and we find, upon looking +over Lord Cornwallis's last examination into the +whole state of this unhappy family, that this woman +was able to lend to Mobarek ul Dowlah twenty +thousand pounds. Mr. Hastings, however, could not +avoid making this representation; because he knew, +that, if he quitted the country without securing that +woman, by giving her a hope that she could procure +by his credit here that money which by his authority +he had before procured for her, she might then make +a discovery of all the corruption that had been carried +on between them; and therefore he squanders away +the treasures of the Company, in order to secure himself +from any such detection, and to procure for himself +<i>razinamas</i> and all those fine things. He knew +that Munny Begum, that the whole seraglio, that all +the country, whom he had put under the dominion of +Sir John D'Oyly, that all those people might have +made a discovery of all his corrupt proceedings; he +therefore gets the Nabob to appoint Sir John D'Oyly<span class='pagenum'><a name="Page_305" id="Page_305">{305}</a></span> +his agent here, with a view of stopping his mouth, +and by the hope of another 160,000<i>l.</i> a year to prevent +his giving an account of the dilapidation and +robbery that was made of the 160,000<i>l.</i> which had +been left him.</p> + +<hr style="width: 45%;" /> + +<p>I have now finished what I proposed to say relative +to his great fund of bribery, in the first instance +of it,—namely, the administration of justice in the +country. There is another system of bribery which I +shall state before my friends produce the evidence. +He put up all the great offices of the country to sale; +he makes use of the trust he had of the revenues in +order to destroy the whole system of those revenues, +and to bind them and make them subservient to his +system of bribery: and this will make it necessary +for your Lordships to couple the consideration of the +charge of the revenues, in some instances, with that +of bribery.</p> + +<p>The next day your Lordships meet (when I hope +I shall not detain you so long) I mean to open the +second stage of his bribery, the period of discovery: +for the first stage was the period of concealment. +When he found his bribes could no longer be concealed, +he next took upon him to discover them himself, +and to take merit from them.</p> + +<p>When I shall have opened the second scene of his +peculation, and his new principles of it, when you +see him either treading in old corruptions, and excelling +the examples he imitated, or exhibiting new ones +of his own, in which of the two his conduct is the +most iniquitous, and attended with most evil to the +Company, I must leave your Lordships to judge.</p> + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Document wanting.</p></div> + +<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Document wanting.</p></div> + +<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> Document wanting.</p></div> + +<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Document wanting.</p></div> + +<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> Document wanting.</p></div> + +<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Document wanting.</p></div> +</div> + +<p><span class='pagenum'><a name="Page_306" id="Page_306">{306}</a></span></p> +<hr style="width: 65%;" /> +<p><a name="THIRD_DAY_TUESDAY_MAY_5_1789" id="THIRD_DAY_TUESDAY_MAY_5_1789"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">ON</span><br /> +<br /> +THE SIXTH ARTICLE OF CHARGE.<br /> +<br /> +<span style="font-size: 50%;">THIRD DAY: TUESDAY, MAY 5, 1789.</span></h2> + + +<p>My Lords,—Agreeably to your Lordships' +proclamation, which I have just heard, and +the duty enjoined me by the House of Commons, I +come forward to make good their charge of high +crimes and misdemeanors against Warren Hastings, +Esquire, late Governor-General of Bengal, and now +a prisoner at your bar.</p> + +<p>My Lords, since I had last the honor of standing +in this place before your Lordships, an event has happened +upon which it is difficult to speak and impossible +to be silent. My Lords, I have been disavowed +by those who sent me here to represent them. My +Lords, I have been disavowed in a material part +of that engagement which I had pledged myself to +this House to perform. My Lords, that disavowal +has been followed by a censure. And yet, my Lords, +so censured and so disavowed, and by such an authority, +I am sent here again, to this the place of +my offence, under the same commission, by the same +authority, to make good the same charge, against the +same delinquent.</p> + +<p>My Lords, the situation is new and awful: the +situation is such as, I believe, and I am sure, has +nothing like it on the records of Parliament, nor,<span class='pagenum'><a name="Page_307" id="Page_307">{307}</a></span> +probably, in the history of mankind. My Lords, it is +not only new and singular, but, I believe, to many persons, +who do not look into the true interior nature of +affairs, it may appear that it would be to me as mortifying +as it is unprecedented. But, my Lords, I have +in this situation, and upon the consideration of all the +circumstances, something more to feed my mind with +than mere consolation; because, my Lords, I look upon +the whole of these circumstances, considered together, +as the strongest, the most decisive, and the +least equivocal proof which the Commons of Great +Britain can give of their sincerity and their zeal in +this prosecution. My Lords, is it from a mistaken +tenderness or a blind partiality to me, that, thus censured, +they have sent me to this place? No, my +Lords, it is because they feel, and recognize in their +own breasts, that active principle of justice, that zeal +for the relief of the people of India, that zeal for the +honor of Great Britain, which characterizes me and +my excellent associates, that, in spite of any defects, +in consequence of that zeal which they applaud, and +while they censure its mistakes, and, because they +censure its mistakes, do but more applaud, they have +sent me to this place, instructed, but not dismayed, +to pursue this prosecution against Warren Hastings, +Esquire. Your Lordships will therefore be pleased +to consider this, as I consider it, not as a thing honorable +to me, in the first place, but as honorable to +the Commons of Great Britain, in whose honor the +national glory is deeply concerned; and I shall suffer +myself with pleasure to be sacrificed, perhaps, in what +is dearer to me than my life, my reputation, rather +than let it be supposed that the Commons should for +one moment have faltered in their duty. I, my Lords,<span class='pagenum'><a name="Page_308" id="Page_308">{308}</a></span> +on the one hand, feeling myself supported and encouraged, +feeling protection and countenance from +this admonition and warning which has been given to +me, will show myself, on the other hand, not unworthy +so great and distinguished a mark of the favor of +the Commons,—a mark of favor not the consequence +of flattery, but of opinion. I shall feel animated and +encouraged by so noble a reward as I shall always consider +the confidence of the Commons to be: the only +reward, but a rich reward, which I have received for +the toils and labors of a long life.</p> + +<p>The Commons, then, thus vindicated, and myself +thus encouraged, I shall proceed to make good the +charge in which the honor of the Commons, that is, +the national honor, is so deeply concerned. For, +my Lords, if any circumstance of weakness, if any +feebleness of nerve, if any yielding to weak and popular +opinions and delusions were to shake us, consider +what the situation of this country would be. This +prosecution, if weakly conceived, ill digested, or +intemperately pursued, ought never to have been +brought to your Lordships' bar: but being brought +to your Lordships' bar, the nation is committed to it, +and the least appearance of uncertainty in our minds +would disgrace us forever. <i>Esto perpetua</i>, has been +said. To the glory of this nation, much more be it +said, <i>Esto perpetua</i>; and I will say, that, as we have +raised and exhibited a theatre of justice which has +excited the admiration of all Europe, there would be +a sort of lustre in our infamy, and a splendor in the +disgrace that we should bring upon ourselves, if we +should, just at that moment, turn that theatre of +our glory into a spectacle of dishonor beyond what +has ever happened to any country of the world.<span class='pagenum'><a name="Page_309" id="Page_309">{309}</a></span></p> + +<p>The Commons of Great Britain, whilst willing to +keep a strong and firm hand over all those who represent +them in any business, do at the same time encourage +them in the prosecution of it, by allowing +them a just discretion and latitude wherever their +own orders have not marked a distinction. I shall +therefore go on with the more cheerful confidence, +not only for the reasons that I have stated, but for +another and material reason. I know and am satisfied, +that, in the nobleness of your judgment, you +will always make a distinction between the person +that gives the order and the organ that is to execute +it. The House of Commons know no such thing as +indiscretion, imprudence, or impropriety: it is otherwise +with their instruments. Your Lordships very +well know, that, if you hear anything that shall appear +to you to be regular, apt to bring forward the +charge, just, prudent, cogent, you are to give it +to the Commons of Great Britain in Parliament assembled; +if you should hear from me (and it must +be from me alone, and not from any other member +of the Committee) anything that is unworthy of that +situation, that comes feeble, weak, indigested, or ill-prepared, +you are to attribute that to the instrument. +Your Lordships' judgment would do this without my +saying it. But whilst I claim it on the part of the +Commons for their dignity, I claim for myself the +necessary indulgence that must be given to all weakness. +Your Lordships, then, will impute it where +you would have imputed it without my desire. It +is a distinction you would naturally have made, and +the rather because what is alleged by us at the bar +is not the ground upon which you are to give judgment. +If not only I, but the whole body of mana<span class='pagenum'><a name="Page_310" id="Page_310">{310}</a></span>gers, +had made use of any such expressions as I +made use of,—even if the Commons of Great Britain +in Parliament assembled, if the collective body +of Parliament, if the voice of Europe, had used +them,—if we had spoken with the tongues of men +and angels, you, in the seat of judicature, are not to +regard what we say, but what we prove; you are to +consider whether the charge is well substantiated, +and proof brought out by legal inference and argument. +You know, and I am sure the habits of judging +which your Lordships have acquired by sitting +in judgment must better inform you than any other +men, that the duties of life, in order to be well performed, +must be methodized, separated, arranged, and +harmonized in such a manner that they shall not +clash with one another, but each have a department +assigned and separated to itself. My Lords, in that +manner it is that we, the prosecutors, have nothing +to do with the principles which are to guide the judgment, +that we have nothing to do with the defence +of the prisoner. Your Lordships well know, that, +when we come before you, you hear a party; that, +when the accused come before you, you hear a party: +that it is for you to doubt, and wait till you come +to the close, before you decide; that it is for us, the +prosecutors, to have decided before we came here. +To act as prosecutors, we ought to have no doubt +or hesitation, nothing trembling or quivering in our +minds upon the occasion. We ought to be fully +convinced of guilt, before we come to you. It is, +then, our business to bring forward the proofs,—to +enforce them with all the clearness, illustration, +example, that we can bring forward,—that we are +to show the circumstances that can aggravate the<span class='pagenum'><a name="Page_311" id="Page_311">{311}</a></span> +guilt,—that we are to go further, show the mischievous +consequences and tendency of those crimes +to society,—and that we are, if able so to do, to +arouse and awaken in the minds of all that hear us +those generous and noble sympathies which Providence +has planted in the breasts of all men, to be the true +guardians of the common rights of humanity. Your +Lordships know that this is the duty of the prosecutors, +and that therefore we are not to consider the +defence of the party, which is wisely and properly +left to himself; but we are to press the accusation +with all the energy of which it is capable, and to +come with minds perfectly convinced before an august +and awful tribunal which at once tries the accuser +and the accused.</p> + +<p>Having stated thus much with respect to the Commons, +I am to read to your Lordships the resolution +which the Commons have come to upon this great +occasion, and upon which I shall take the liberty to +say a very few words.</p> + +<p>My Lords, the Commons have resolved last night, +and I did not see the resolution till this morning, +"that no direction or authority was given by this +House to the committee appointed to manage the +impeachment against Warren Hastings, Esquire, to +make any charge or allegation against the said Warren +Hastings respecting the condemnation or execution +of Nundcomar; and that the words spoken by +the Right Honorable Edmund Burke, one of the said +managers, <i>videlicet</i>, that he (meaning Mr. Hastings) +murdered that man (meaning Nundcomar) by the +hands of Sir Elijah Impey, ought not to have been +spoken."</p> + +<p>My Lords, this is the resolution of the House of<span class='pagenum'><a name="Page_312" id="Page_312">{312}</a></span> +Commons. Your Lordships well know and remember +my having used such or similar words, and the end +and purpose for which I used them. I owe a few +words of explanation to the Commons of Great Britain, +who attend in a committee of the whole House to +be the observers and spectators of my conduct. I owe +it to your Lordships, I owe it to this great auditory, +I owe it to the present times and to posterity, to make +some apology for a proceeding which has drawn upon +me the disavowal of the House which I represent. +Your Lordships will remember that this charge +which I have opened to your Lordships is primarily a +charge founded upon the evidence of the Rajah Nundcomar; +and consequently I thought myself obliged, +I thought it a part of my duty, to support the credit +of that person, who is the principal evidence to support +the direct charge that is brought before your +Lordships. I knew that Mr. Hastings, in his anticipated +defence before the House of Commons, had +attempted to shake the credit of that witness. I +therefore thought myself justified in informing your +Lordships, and in warning him, that, if he did attempt +to shake the credit of an important witness against +him by an allegation of his having been condemned +and executed for a forgery, I would endeavor to support +his credit by attacking that very prosecution +which brought on that condemnation and that execution; +and that I did consider it, and would lay +grounds before your Lordships to prove it, to be a +murder committed, instead of a justification set up, +or that ought to be set up.</p> + +<p>Now, my Lords, I am ordered by the Commons no +longer to persist in that declaration; and I, who know +nothing in this place, and ought to know nothing in<span class='pagenum'><a name="Page_313" id="Page_313">{313}</a></span> +this place, but obedience to the Commons, do mean, +when Mr. Hastings makes that objection (if he shall +be advised to make it) against the credit of Rajah +Nundcomar, not thus to support that credit; and +therefore that objection to the credit of the witness +must go unrefuted by me. My Lords, I must admit, +perhaps against my private judgment, (but that +is of no consideration for your Lordships, when opposed +to the judgment of the House of Commons,) +or, at least, not contest, that a first minister of state, +in a great kingdom, who had the benefit of the administration, +and of the entire and absolute command of +a revenue of fifteen hundred thousand pounds a year, +had been guilty of a paltry forgery in Calcutta; that +this man, who had been guilty of this paltry forgery, +had waited for his sentence and his punishment, till a +body of English judges, armed with an English statute, +came to Calcutta; and that this happened at the +very happy nick and moment when he was accusing +Mr. Hastings of the bribery with which we now in +the name of the Commons charge him; that it was +owing to an entirely fortuitous concurrence of circumstances, +in which Mr. Hastings had no share, or that +it was owing to something beyond this, something that +is rather pious than fortuitous, namely, that, as Mr. +Hastings tells you himself, "all persuasions of men +were impressed with a superstitious belief that a fortunate +influence directed all my actions to their destined +ends." I, not being at that time infected with +the superstition, and considering what I thought Mr. +Hastings's guilt to be, and what I must prove it to be +as well as I can, did not believe that Providence did +watch over Mr. Hastings, so as in the nick of time, +like a god in a machine, to come down to save him in<span class='pagenum'><a name="Page_314" id="Page_314">{314}</a></span> +the moment of his imminent peril and distress: I did +not think so, but I must not say so.</p> + +<p>But now, to show that it was not weakly, loosely, +or idly, that I took up this business, or that I anticipated +a defence which it was not probable for Mr. +Hastings to make, (and I wish to speak to your +Lordships in the first instance, but to the Commons +in the next,) I will read part of Mr. Hastings's defence +before the House of Commons: it is in evidence +before your Lordships. He says,—"My accuser" +(meaning myself, then acting as a private +member of Parliament) "charges me with 'the receipt +of large sums of money, corruptly taken before +the promulgation of the Regulating Act of 1773, +contrary to my covenants with the Company, and +with the receipt of very large sums taken since, in +defiance of that law, and contrary to my declared +sense of its provisions.' And he ushers in this +charge in the following pompous diction: 'That +in March, 1775, the late Rajah Nundcomar, a native +Hindoo of the highest caste in his religion, and of +the highest rank in society, by the offices which he +had held under the country government, did lay +before the Council an account of various sums of +money,' &c. It would naturally strike every person +ignorant of the character of Nundcomar, that an accusation +made by a person of the highest caste in +his religion and of the highest rank by his offices +demanded particular notice, and acquired a considerable +degree of credit, from a prevalent association +of ideas that a nice sense of honor is connected with +an elevated rank of life: but when this honorable +House is informed that my accuser knew (though he +suppressed the facts) that this person, of high rank<span class='pagenum'><a name="Page_315" id="Page_315">{315}</a></span> +and high caste, had forfeited every pretension to +honor, veracity, and credit,—that there are facts +recorded on the very Proceedings which my accuser +partially quotes, proving this man to have been +guilty of a most flagrant forgery of letters from +Munny Begum and the Nabob Yeteram ul Dowlah, +(independent of the forgery for which he suffered +death,) of the most deliberate treachery to the state, +for which he was confined, by the orders of the +Court of Directors, to the limits of the town of +Calcutta, in order to prevent his dangerous intrigues, +and of having violated every principle of +common honesty in private life,—I say, when this +honorable House is acquainted it is from mutilated +and garbled assertions, founded on the testimony of +such an evidence, without the whole matter being +fairly stated, I do hope and trust it will be sufficient +for them to reject <i>now</i> these vague and unsupported +charges, in like manner as they were <i>before</i> rejected +by the Court of Directors and his Majesty's ministers, +when they were first made by General Clavering, +Colonel Monson, and Mr. Francis.—I must here +interrupt the course of my defence to explain on +what grounds I employed or had any connection +with a man of so flagitious a character as Nundcomar."</p> + +<p>My Lords, I hope this was a good and reasonable +ground for me to anticipate the defence which Mr. +Hastings would make in this House,—namely, on +the known, recognized, infamous character of Nundcomar, +with regard to certain proceedings there +charged at large, with regard to one forgery for +which he suffered and two other forgeries with +which Mr. Hastings charged him. I, who found that<span class='pagenum'><a name="Page_316" id="Page_316">{316}</a></span> +the Commons of Great Britain had received that very +identical charge of Nundcomar, and given it to me +in trust to make it good, did naturally, I hope excusably, +(for that is the only ground upon which I +stand,) endeavor to support that credit upon which +the House acted. I hope I did so; and I hope that +the goodness of that intention may excuse me, if I +went a little too far on that occasion. I would have +endeavored to support that credit, which it was +much Mr. Hastings's interest to shake, and which he +had before attempted to shake.</p> + +<p>Your Lordships will have the goodness to suppose +me now making my apology, and by no manner of +means intending to persist either in this, or in anything +which the House of Commons shall desire me +not to declare in their name. But the House of +Commons has not denied me the liberty to make +you this just apology: God forbid they should! for +they would be guilty of great injustice, if they did. +The House of Commons, whom I represent, will +likewise excuse me, their representative, whilst I +have been endeavoring to support their characters +in the face of the world, and to make an apology, +and only an humble apology, for my conduct, for +having considered that act in the light that I represented +it,—and which I did merely from my private +opinion, without any formal instruction from +the House. For there is no doubt that the House is +perfectly right, inasmuch as the House did neither +formally instruct me nor at all forbid my making +use of such an argument; and therefore I have +given your Lordships the reason why it was fit to +make use of such argument,—if it was right to +make use of it. I am in the memory of your Lord<span class='pagenum'><a name="Page_317" id="Page_317">{317}</a></span>ships +that I did conceive it to be relevant, and it +was by the poverty of the language I was led to +express my private feelings under the name of a +<i>murder</i>. For, if the language had furnished me, +under the impression of those feelings, with a word +sufficient to convey the complicated atrocity of that +act, as I felt it in my mind, I would not have made +use of the word <i>murder</i>. It was on account of the +language furnishing me with no other I was obliged +to use that word. Your Lordships do not imagine, +I hope, that I used that word in any other than a +moral and popular sense, or that I used it in the +legal and technical sense of the word <i>murder</i>. Your +Lordships know that I could not bring before this +bar any commoner of Great Britain on a charge for +murder. I am not so ignorant of the laws and +constitution of my country. I expressed an act +which I conceived to be of an atrocious and evil +nature, and partaking of some of the moral evil +consequences of that crime. What led me into that +error? Nine years' meditation upon that subject.</p> + +<p>My Lords, the prisoner at the bar in the year 1780 +sent a petition to the House of Commons complaining +of that very chief-justice, Sir Elijah Impey. The +House of Commons, who then had some trust in me, +as they have some trust still, did order me, along with +persons more wise and judicious than myself, several +of whom stand near me, to make an inquiry into the +state of the justice of that country. The consequence +of that inquiry was, that we began to conceive a very +bad opinion both of the complainant and defendant in +that business,—that we found the English justice to +be, as we thought it, and reported it to the House, a +grievance, instead of a redress, to the people of India.<span class='pagenum'><a name="Page_318" id="Page_318">{318}</a></span> +I could bring before your Lordships, if I did not spare +your patience, whole volumes of reports, whole bodies +of evidence, which, in the progress we have made in +the course of eight or nine years, brought to my mind +such a conviction as will never be torn from my heart +but with my life; and I should have no heart that +was fit to lodge any honest sentiment, if I departed +from my opinion upon that occasion. But when I +declare my own firm opinion upon it,—when I declare +the reasons that led me to it,—when I mention +the long meditation that preceded my founding a +judgment upon it, the strict inquiry, the many hours +and days spent in consideration, collation, and comparison,—I +trust that infirmity which could be actuated +by no malice to one party or the other may +be excused; I trust that I shall meet with this indulgence, +when your Lordships consider, that, as far as +you know me, as far as my public services for many +years account for me, I am a man of a slow, laborious, +inquisitive temper, that I do seldom leave a pursuit +without leaving marks, perhaps of my weakness, but +leaving marks of that labor, and that, in consequence +of that labor, I made that affirmation, and thought the +nature of the cause obliged me to support and substantiate +it. It is true that those who sent me here +have sagacity to decide upon the subject in a week; +they can in one week discover the errors of my labors +for nine years.</p> + +<p>Now that I have made this apology to you, I assure +you, you shall never hear me, either in my own name +here, much less in the name of the Commons, urge +one thing to you in support of the credit of Nundcomar +grounded upon that judgment, until the House +shall instruct and order me otherwise; because I<span class='pagenum'><a name="Page_319" id="Page_319">{319}</a></span> +know, that, when I can discover their sentiments, I +ought to know nothing here but what is in strict and +literal obedience to them.</p> + +<p>My Lords, another thing might make me, perhaps, +a little willing to be admitted to the proof of what I +advanced, and that is, the very answer of Mr. Hastings +to this charge, which the House of Commons, however, +have adopted, and therefore in some degree purified. +"To the malicious part of this charge, which +is the condemnation of Nundcomar for a forgery, I do +declare, in the most solemn and unreserved manner, +that I had no concern, either directly or indirectly, in +the apprehending, prosecuting, or executing of Nundcomar. +He suffered for a crime of forgery which he +had committed in a private trust that was delegated +to him, and for which he had been prosecuted in the +dewanny courts of the country before the institution +of the Supreme Court of Judicature. To adduce this +circumstance, therefore, as a confirmation of what was +before suspicious from his general depravity of character, +is just as reasonable as to assert that the accusations +of Empson and Dudley were confirmed because +they suffered death for their atrocious acts."</p> + +<p>My Lords, this was Mr. Hastings's defence before +the House of Commons, and it is now in evidence +before your Lordships. In this defence, he supposes +the charge which was made originally before the Commons, +and which the Commons voted, (though afterwards, +for the convenience of shortening it, the affair +was brought before your Lordships in the way in which +it is,)—he supposes, I say, the whole to proceed from +a malicious intention; and I hope your Lordships will +not think, and I hope the Commons, reconsidering this +matter, will not think, that, when such an imputation<span class='pagenum'><a name="Page_320" id="Page_320">{320}</a></span> +of malice was made for the purpose of repelling this +corroborating argument which was used in the House +of Commons to prove his guilt, I was wrong in attempting +to support the House of Commons against his imputation +of malice.</p> + +<p>I must observe where I am limited and where I am +not. I am limited, strictly, fully, (and your Lordships +and my country, who hear me, will judge how faithfully +I shall adhere to that limitation,) not to support +the credit of Nundcomar by any allegation against +Mr. Hastings respecting his condemnation or execution; +but I am not at all limited from endeavoring to +support his credit against Mr. Hastings's charges of +other forgeries, and from showing you, what I hope +to show you clearly in a few words, that Nundcomar +cannot be presumed guilty of forgery with more probability +than Mr. Hastings is guilty of bringing forward +a light and dangerous (for I use no other words than +a light and dangerous) charge of forgery, when it +serves his purpose. Mr. Hastings charges Nundcomar +with two other forgeries. "These two forgeries," +he says, "are facts recorded in the very Proceedings +which my accuser partially quotes, proving this man +to have been guilty of a most flagrant forgery of a +letter from Munny Begum, and of a letter from the +Nabob Yeteram ul Dowlah"; and therefore he infers +malice in those who impute anything improper to +him, knowing that the proof stood so. Here he asserts +that there are records before the House of Commons, +and on the Company's Proceedings and Consultations, +proving Nundcomar to have been guilty of these two +forgeries. Turn over the next page of his printed +defence, and you find a very extraordinary thing. +You would have imagined that this forgery of a letter<span class='pagenum'><a name="Page_321" id="Page_321">{321}</a></span> +from Munny Begum, which, he says, is recognized +and proved on the Journals, was a forgery charged by +Munny Begum herself, or by somebody on her part, +or some person concerned in this business. There is +no other charge of it whatever, but the charge of +Warren Hastings himself. He wants you to discredit +a man for forgery upon no evidence under heaven but +that of his own, who thinks proper, without any sort +of authority, without any sort of reference, without +any sort of collateral evidence, to charge a man with +that very direct forgery. "You are," he says, "well +informed of the reasons which first induced me to give +any share of my confidence to Nundcomar, with whose +character I was acquainted by an experience of many +years. The means which he himself took to acquire +it were peculiar to himself. He sent a messenger to +me at Madras, on the first news of my appointment +to this Presidency, with pretended letters from Munny +Begum and the Nabob Yeteram ul Dowlah, the brother +of the Nabob Jaffier Ali Khân, filled with bitter +invectives against Mahomed Reza Khân, and of as +warm recommendations, as I recollect, of Nundcomar. +I have been since informed by the Begum that the +letter which bore her seal was a complete forgery, +and that she was totally unacquainted with the use +which had been made of her name till I informed her +of it. Juggut Chund, Nundcomar's son-in-law, was +sent to her expressly to entreat her not to divulge it. +Mr. Middleton, whom she consulted on the occasion, +can attest the truth of this story."</p> + +<p>Mr. Middleton is dead, my Lords. This is not the +Mr. Middleton whom your Lordships have heard and +know well in this House, but a brother of that Mr. +Middleton, who is since dead. Your Lordships find,<span class='pagenum'><a name="Page_322" id="Page_322">{322}</a></span> +when we refer to the records of the Company for the +proof of this forgery, that there is no other than the +unsupported assertion of Mr. Hastings himself that +he was guilty of it. Now that was bad enough; but +then hear the rest. Mr. Hastings has charged this +unhappy man, whom we must not defend, with another +forgery; he has charged him with a forgery of +a letter from Yeteram ul Dowlah to Mr. Hastings. +Now you would imagine that he would have given +his own authority at least for that assertion, which he +says was proved. He goes on and says, "I have not +yet had the curiosity to inquire of the Nabob Yeteram +ul Dowlah whether his letter was of the same stamp; +but I cannot doubt it."</p> + +<p>Now here he begins, in this very defence which is +before your Lordships, to charge a forgery upon the +credit of Munny Begum, without supporting it even +by his own testimony,—and another forgery in the +name of Yeteram ul Dowlah, which he said he had +not even the curiosity to inquire into, and yet desires +you, at the same time, to believe it to be proved. +Good God! in what condition do men of the first +character and situation in that country stand, when +we have here delivered to us, as a record of the Company, +Mr. Hastings's own assertions, saying that these +forgeries were proved, though you have for the first +nothing but his own unsupported assertion, and for +the second his declaration only that he had not the +curiosity to inquire into it! I am not forbidden by +the Commons to state how and on what slight grounds +Warren Hastings charges the natives of the country +with forgery; neither am I forbidden to bring forward +the accusation which Mr. Hastings made against +Nundcomar for a conspiracy, nor the event of it, nor<span class='pagenum'><a name="Page_323" id="Page_323">{323}</a></span> +any circumstance relative to it. I shall therefore proceed +in the best manner I can. There was a period, +among the revolutions of philosophy, when there +was an opinion, that, if a man lost one limb or organ, +the strength of that which was lost retired into +what was left. My Lords, if we are straitened in +this, then our vigor will be redoubled in the rest, +and we shall use it with double force. If the top and +point of the sword is broken off, we shall take the +hilt in our hand, and fight with whatever remains +of the weapon against bribery, corruption, and peculation; +and we shall use double diligence under any +restraint which the wisdom of the Commons may lay +upon us, or your Lordships' wisdom may oblige us to +submit to.</p> + +<p>Having gone through this business, and shown in +what manner I am restrained, where I am not to repel +Mr. Hastings's defence, and where I am left at +large to do it, I shall submit to the strict injunction +with the utmost possible humility, and enjoy the liberty +which is left to me with vigor, with propriety, and +with discretion, I trust.</p> + +<hr style="width: 45%;" /> + +<p>My Lords, when the circumstance happened which +has given occasion to the long parenthesis by which +my discourse has been interrupted, I remember I was +beginning to open to your Lordships the second period +of Mr. Hastings's scheme and system of bribery. +My Lords, his bribery is so extensive, and has had +such a variety in it, that it must be distinguished not +only with regard to its kind, but must be likewise distinguished +according to the periods of bribery and the +epochas of peculation committed by him. In the first +of those periods we shall prove to your Lordships, I<span class='pagenum'><a name="Page_324" id="Page_324">{324}</a></span> +believe, without the aids that we hoped for, (your Lordships +allowing, as I trust you will do, a good deal for +our situation,)—we shall be able, I say, to prove that +Mr. Hastings took, as a bribe for appointing Munny +Begum, three lac and an half of rupees; we shall prove +the taking at the same time the Rajeshaye bribes. +Mr. Hastings at that time followed bribery in a natural +manner: he took a bribe; he took it as large as he +could; he concealed it as well as he could; and he got +out of it by artifice or boldness, by use of trick or use +of power, just as he was enabled: he acted like a wild, +natural man, void of instruction, discipline, and art.</p> + +<p>The second period opened another system of bribery. +About this time he began to think (from what communication +your Lordships may guess) of other means +by which, when he could no longer conceal any bribe +that he had received, he not only might exempt himself +from the charge and the punishment of guilt, but +might convert it into a kind of merit, and, instead of +a breaker of laws, a violator of his trust, a receiver of +scandalous bribes, a peculator of the first magnitude, +might make himself to be considered as a great, distinguishing, +eminent financier, a collector of revenue +in new and extraordinary ways, and that we should +thus at once praise his diligence, industry, and ingenuity. +The scheme he set on foot was this: he pretended +that the Company could not exist upon principles +of strict justice, (for so he expresses it,) and +that their affairs, in many cases, could not be so well +accommodated by a regular revenue as by privately +taking money, which was to be applied to their service +by the person who took it, at his discretion. This +was the principle he laid down. It would hardly be +believed, I imagine, unless strong proof appeared, that<span class='pagenum'><a name="Page_325" id="Page_325">{325}</a></span> +any man could be so daring as to hold up such a resource +to a regular government, which had three million +of known, avowed, a great part of it territorial, +revenue. But it is necessary, it seems, to piece out +the lion's skin with a fox's tail,—to tack on a little +piece of bribery and a little piece of peculation, in +order to help out the resources of a great and flourishing +state; that they should have in the knavery of +their servants, in the breach of their laws, and in the +entire defiance of their covenants, a real resource applicable +to their necessities, of which they were not +to judge, but the persons who were to take the bribes; +and that the bribes thus taken were, by a mental +reservation, a private intention in the mind of the +taker, unknown to the giver, to be some time or other, +in some way or other, applied to the public service. +The taking such bribes was to become a justifiable +act, in consequence of that reservation in the mind +of the person who took them; and he was not to be +called to account for them in any other way than as +he thought fit.</p> + +<p>My Lords, an act of Parliament passed in the year +1773, the whole drift of which, I may say, was to prevent +bribery, peculation, and extortion in the Company's +servants; and the act was penned, I think, with +as much strictness and rigor as ever act was penned. +The 24th clause of Chap. 63, 13 Geo. III., has the +following enactment: "And be it further enacted +by the authority aforesaid, that, from and after the +first day of August, 1774, no person holding or exercising +any civil or military office under the crown, or +the said United Company, in the East Indies, shall accept, +receive, or take, directly or indirectly, by himself, +or any other person or persons on his behalf, or<span class='pagenum'><a name="Page_326" id="Page_326">{326}</a></span> +for his use or benefit, of and from any of the Indian +princes or powers, or their ministers or agents, or +any of the natives of Asia, any present, gift, donation, +gratuity, or reward, pecuniary or otherwise, upon any +account, or on any pretence whatsoever, or any promise +or engagement for any present, gift, donation, gratuity, +or reward: and if any person, holding or exercising +any such civil or military office, shall be guilty +of any such offence, and shall be thereof legally convicted," +&c., &c. It then imposes the penalties: and +your Lordships see that human wisdom cannot pen +an act more strongly directed against taking bribes +upon any pretence whatever.</p> + +<p>This act of Parliament was in affirmance of the covenant +entered into by the servants of the Company, +and of the explicit orders of the Company, which forbid +any person whatever in trust, "directly or indirectly, +to accept, take, or receive, or agree to accept, take, +or receive, any gift, reward, gratuity, allowance, donation, +or compensation, in money, effects, jewels, <i>or +otherwise howsoever</i>, from any of the Indian princes, +sovereigns, subahs, or nabobs, or any of their ministers, +servants, or agents, exceeding the value of four thousand +rupees, &c., &c. And that he, the said Warren +Hastings, shall and will convey, assign, and make over +to the said United Company, for their sole and proper +use and benefit, all and every such gifts, rewards, gratuities, +allowances, donations, or compensations whatsoever, +which, contrary to the true intent and meaning +of these presents, shall come into the hands, possession, +or power of the said Warren Hastings, or any other +person or persons in trust for him or for his use."</p> + +<p>The nature of the covenant, the act of Parliament, +and the Company's orders are clear. First,<span class='pagenum'><a name="Page_327" id="Page_327">{327}</a></span> +they have not forbidden their Governor-General, nor +any of their Governors, to take and accept from the +princes of the country, openly and publicly, for their +use, any territories, lands, sums of money, or other +donations, which may be offered in consequence of +treaty or otherwise. It was necessary to distinguish +this from every other species of acceptance, because +many occasions occurred in which fines were paid +to the Company in consequence of treaties; and it +was necessary to authorize the receipt of the same +in the Company's treasury, as an open and known +proceeding. It was never dreamed that this should +justify the taking of bribes, privately and clandestinely, +by the Governor, or any other servant of the +Company, for the purpose of its future application +to the Company's use. It is declared that all such +bribes and money received should be the property of +the Company. And why? As a means of recovering +them out of the corrupt hands that had taken +them. And therefore this was not a license for +bribery, but a prohibitory and penal clause, providing +the means of coercion, and making the prohibition +stronger. Now Mr. Hastings has found out that this +very coercive clause, which was made in order to enable +his superiors to get at him and punish him for +bribery, is a license for him to receive bribes. He +is not only a practitioner of bribery, but a professor, +a doctor upon the subject. His opinion is, that he +might take presents or bribes to himself; he considers +the penal clause which the Company attached to +their prohibition, and by which all such bribes are +constructively declared to be theirs, in order to recover +them out of his hands, as a license to receive +bribes, to extort money; and he goes with the very<span class='pagenum'><a name="Page_328" id="Page_328">{328}</a></span> +prohibition in his hand, the very means by which he +was to be restrained, to exercise an unlimited bribery, +peculation, and extortion over the unhappy natives +of the country.</p> + +<p>The moment he finds that the Company has got a +scent of any one of his bribes, he comes forward and +says, "To be sure, I took it as a bribe; I admit the +party gave me it as a bribe: I concealed it for a time, +because I thought it was for the interest of the +Company to conceal it; but I had a secret intention, +in my own mind, of applying it to their service: you +shall have it; but you shall have it as I please, and +when I please; and this bribe becomes sanctified the +moment I think fit to apply it to your service." Now +can it be supposed that the India Company, or that +the act of Parliament, meant, by declaring that the +property taken by a corrupt servant, contrary to the +true intent of his covenant, was theirs, to give a license +to take such property,—and that one mode +of obtaining a revenue was by the breach of the very +covenants which were meant to prevent extortion, +peculation, and corruption? What sort of body is +the India Company, which, coming to the verge of +bankruptcy by the robbery of half the world, is afterwards +to subsist upon the alms of peculation and bribery, +to have its strength recruited by the violation +of the covenants imposed upon its own servants? It +is an odd sort of body to be so fed and so supported. +This new constitution of revenue that he has made is +indeed a very singular contrivance. It is a revenue +to be collected by any officer of the Company, (for +they are all alike forbidden, and all alike permitted,)—to +be collected by any person, from any person, at +any time, in any proportion, by any means, and in<span class='pagenum'><a name="Page_329" id="Page_329">{329}</a></span> +any way he pleases; and to be accounted for, or not +to be accounted for, at the pleasure of the collector, +and, if applied to their use, to be applied at his discretion, +and not at the discretion of his employers. +I will venture to say that such a system of revenue +never was before thought of. The next part is an +exchequer, which he has formed, corresponding with +it. You will find the board of exchequer made up +of officers ostensibly in the Company's service, of +their public accountant and public treasurer, whom +Mr. Hastings uses as an accountant and treasurer of +bribes, accountable, not to the Company, but to himself, +acting in no public manner, and never acting +but upon his requisition, concealing all his frauds +and artifices to prevent detection and discovery. In +short, it is an exchequer in which, if I may be permitted +to repeat the words I made use of on a +former occasion, extortion is the assessor, in which +fraud is the treasurer, confusion the accountant, oblivion +the remembrancer. That these are not mere +words, I will exemplify as I go through the detail: I +will show you that every one of the things I have +stated are truths, in fact, and that these men are +bound by the condition of their recognized fidelity to +Mr. Hastings to keep back his secrets, to change the +accounts, to alter the items, to make him debtor or +creditor at pleasure, and by that means to throw the +whole system of the Company's accounts into confusion.</p> + +<p>I have shown the impossibility of the Company's +having intended to authorize such a revenue, much +less such a constitution of it as Mr. Hastings has +drawn from the very prohibitions of bribery, and such +an exchequer as he has formed upon the principles I<span class='pagenum'><a name="Page_330" id="Page_330">{330}</a></span> +have stated. You will not dishonor the legislature +or the Company, be it what it may, by thinking that +either of them could give any sanction to it. Indeed, +you will not think that such a device could ever enter +into the head of any rational man. You are, then, +to judge whether it is not a device to cover guilt, to +prevent detection by destroying the means of it; and +at the same time your Lordships will judge whether +the evidence we bring you to prove that revenue is a +mere pretext be not stronger than the strange, absurd +reasons which he has produced for forming this new +plan of an exchequer of bribery.</p> + +<p>My Lords, I am now going to read to you a letter +in which Mr. Hastings declares his opinion upon the +operation of the act, which he now has found the +means, as he thinks, of evading. My Lords, I will +tell you, to save you a good deal of reading, that +there was certain prize-money given by Sujah ul +Dowlah to a body of the Company's troops serving in +the field,—that this prize-money was to be distributed +among them; but upon application being made +to Mr. Hastings for his opinion and sanction in the +distribution, Mr. Hastings at first seemed inclined to +give way to it, but afterwards, upon reading and considering +the act of Parliament, before he allowed the +soldiery to receive this public donation, he thus describes +his opinion of the operation of the act.</p> + + +<h3><i>Extract of a Letter from Mr. Hastings to Colonel +Champion, 31 August, 1774.</i></h3> + +<p>"Upon a reference to the new act of Parliament, +I was much disappointed and sorry to find that our +intentions were entirely defeated by a clause in the<span class='pagenum'><a name="Page_331" id="Page_331">{331}</a></span> +act, (to be in force after the 1st of August, 1774,) +which divests us of the power to grant, and expressly +prohibits the army to receive, the Nabob's intended +donation. Agreeable to the positive sense of this +clause, notwithstanding it is expressed individually, +there is not a doubt but the army is included with all +other persons in the prohibition from receiving presents +or donations; a confirmation of which is, that in +the clause of exceptions, wherein 'counsellors-at-law, +physicians, surgeons, and chaplains are permitted to +receive the fees annexed to their profession,' no mention +whatever is made of any latitude given to the +army, or any circumstances wherein it would be allowable +for them to receive presents.... This +unlucky discovery of an exclusion by act of Parliament, +which admits of no abatement or evasion wherever +its authority extends, renders a revisal of our +proceedings necessary, and leaves no option to our +decision. It is not like the ordinances of the Court +of Directors, where a favorable construction may be +put, and some room is left for the interposition of the +authority vested in ourselves,—but positive and decisive, +admitting neither of refinement nor misconstruction. +I should be happy, if in this instance a +method could be devised of setting the act aside, +which I should most willingly embrace; but, in my +opinion, an opposition would be to incur the penalty."</p> + +<hr style="width: 45%;" /> + +<p>Your Lordships see, Mr. Hastings considered this +act to be a most unlucky discovery: indeed, as long +as it remained in force, it would have been unlucky +for him, because it would have destroyed one of the +principal sources of his illegal profits. Why does he +consider it unlucky? Because it admits of no reser<span class='pagenum'><a name="Page_332" id="Page_332">{332}</a></span>vation, +no exception, no refinement whatever, but is +clear, positive, decisive. Now in what case was it +that Mr. Hastings made this determination? In the +case of a donation publicly offered to an army serving +in the field by a prince then independent of the Company. +If ever there was a circumstance in which +any refinement, any favorable construction of the act +could be used, it was in favor of a body of men serving +in the field, fighting for their country, spilling +their blood for it, suffering all the inconveniences of +that climate. It was undoubtedly voluntarily offered +to them by the party, in the height of victory, and +enriched by the plunder of whole provinces. I believe +your Lordships will agree with me, that, if any +relaxation, any evasion, of an act of Parliament +could be allowed, if the intention of the legislature +could for a moment be trifled with, or supposed for +a moment doubtful, it was in this instance; and yet, +upon the rigor of the act, Mr. Hastings refuses that +army the price of their blood, money won solely almost +by their arms for a prince who had acquired +millions by their bravery, fidelity, and sufferings. +This was the case in which Mr. Hastings refused a +public donation to the army; and from that day to +this they have never received it.</p> + +<p>If the receipt of this public donation could be thus +forbidden, whence has Mr. Hastings since learned +that he may privately take money, and take it not +only from princes, and persons in power, and abounding +in wealth, but, as we shall prove, from persons +in a comparative degree of penury and distress? that +he could take it from persons in office and trust, +whose power gave them the means of ruining the +people for the purpose of enabling themselves to pay<span class='pagenum'><a name="Page_333" id="Page_333">{333}</a></span> +it? Consider in what a situation the Company must +be, if the Governor-General can form such a secret +exchequer of direct bribes, given <i>eo nomine</i> as bribes, +and accepted as such, by the parties concerned in the +transaction, to be discovered only by himself, and +with only the inward reservation that I have spoken +of.</p> + +<p>In the first place, if Mr. Hastings should die without +having made a discovery of all his bribes, or +if any other servant of the Company should imitate +his example without his heroic good intentions in +doing such villanous acts, how is the Company to recover +the bribe-money? The receivers need not divulge +it till they think fit; and the moment an informer +comes, that informer is ruined. He comes, +for instance, to the Governor-General and Council, +and charges, say, not Mr. Hastings, but the head of +the Board of Revenue, with receiving a bribe. "Receive +a bribe? So I did; but it was with an intention +of applying it to the Company's service. There +I nick the informer: I am beforehand with him: the +bribe is sanctified by my inward jesuitical intention. +I will make a merit of it with the Company. I have +received 40,000<i>l.</i> as a bribe; there it is for you: I +am acquitted; I am a meritorious servant: let the +informer go and seek his remedy as he can." Now, +if an informer is once instructed that a person who +receives bribes can turn them into merit, and take +away his action from him, do you think that you +ever will or can discover any one bribe? But what +is still worse, by this method disclose but one bribe, +and you secure all the rest that you possibly can receive +upon any occasion. For instance, strong report +prevails that a bribe of 40,000<i>l.</i> has been given,<span class='pagenum'><a name="Page_334" id="Page_334">{334}</a></span> +and the receiver expects that information will be laid +against him. He acknowledges that he has received +a bribe of 40,000<i>l.</i>, but says that it was for the service +of the Company, and that it is carried to their +account. And thus, by stating that he has taken +some money which he has accounted for, but concealing +from whom that money came, which is exactly +Mr. Hastings's case, if at last an information should +be laid before the Company of a specific bribe having +been received of 40,000<i>l.</i>, it is said by the receiver, +"Lord! this is the 40,000<i>l.</i> I told you of: it is +broken into fragments, paid by instalments; and you +have taken it and put it into your own coffers."</p> + +<p>Again, suppose him to take it through the hand +of an agent, such as Gunga Govind Sing, and that +this agent, who, as we have lately discovered, out of +a bribe of 40,000<i>l.</i>, which Mr. Hastings was to have +received, kept back half of it, falls into their debt +like him: I desire to know what the Company can +do in such a case. Gunga Govind Sing has entered +into no covenants with the Company. There is no +trace of his having this money, except what Mr. +Hastings chooses to tell. If he is called upon to +refund it to the Company, he may say he never received +it, that he was never ordered to extort this +money from the people; or if he was under any +covenant not to take money, he may set up this defence: +"I am forbidden to receive money; and I +will not make a declaration which will subject me +to penalties": or he may say in India, before the +Supreme Court, "I have paid the bribe all to Mr. +Hastings"; and then there must be a bill and suit +there, a bill and suit here, and by that means, having +one party on one side the water and the other<span class='pagenum'><a name="Page_335" id="Page_335">{335}</a></span> +party on the other, the Company may never come +to a discovery of it. And that in fact this is the +way in which one of his great bribe-agents has acted +I shall prove to your Lordships by evidence.</p> + +<p>Mr. Hastings had squeezed out of a miserable +country a bribe of 40,000<i>l.</i>, of which he was enabled +to bring to the account of the Company only 20,000<i>l.</i>, +and of which we should not even have known the +existence, if the inquiries pursued with great diligence +by the House of Commons had not extorted +the discovery: and even now that we know the fact, +we can never get at the money; the Company can +never receive it; and before the House had squeezed +out of him that some such money had been received, +he never once told the Court of Directors that his +black bribe-agent, whom he recommended to their +service, had cheated both them and him of 20,000<i>l.</i> +out of the fund of the bribe-revenue. If it be asked, +Where is the record of this? Record there is none. +In what office is it entered? It is entered in no +office; it is mentioned as privately received for the +Company's benefit: and you shall now further see +what a charming office of receipt and account this +new exchequer of Mr. Hastings's is.</p> + +<p>For there is another and a more serious circumstance +attending this business. Every one knows, +that, by the law of this, and, I believe, of every country, +any money which is taken illegally from any +person, as every bribe or sum of money extorted +or paid without consideration is, belongs to the person +who paid it, and he may bring his action for it, +and recover it. Then see how the Company stands. +The Company receives a bribe of 40,000<i>l.</i> by Mr. +Hastings; it is carried to its account; it turns brib<span class='pagenum'><a name="Page_336" id="Page_336">{336}</a></span>ery +into a revenue; it sanctifies it. In the mean +time, the man from whom this money is illegally +taken sues Mr. Hastings. Must not he recover of +Mr. Hastings? Then, if so, must not Mr. Hastings +recover it again from the Company? The Company +undoubtedly is answerable for it. And here is a +revenue which every man who has paid it may drag +out of the treasury again. Mr. Hastings's donations +of his bribes to the treasury are liable to be torn +from it at pleasure by every man who gives the +money. First it may be torn from him who receives +it; and then he may recover it from the treasury, to +which he has given it.</p> + +<p>But admitting that the taking of bribes can be +sanctified by their becoming the property of the +Company, it may still be asked, For what end and +purpose has the Company covenanted with Mr. Hastings +that money taken extorsively shall belong to +the Company? Is it that satisfaction and reparation +may be awarded against the said Warren Hastings +to the said Company for their own benefit? No: +it is for the benefit of the injured persons; and it +is to be carried to the Company's account, "but in +trust, nevertheless, and to the intent that the said +Company may and do render and pay over the moneys +received or recovered by them to the parties +injured or defrauded, which the said Company accordingly +hereby agree and covenant to do." Now +here is a revenue to be received by Mr. Hastings for +the Company's use, applied at his discretion to that +use, and which the Company has previously covenanted +to restore to the persons that are injured +and damaged. This is a revenue which is to be torn +away by the action of any person,—a revenue which<span class='pagenum'><a name="Page_337" id="Page_337">{337}</a></span> +they must return back to the person complaining, +as they in justice ought to do: for no nation ever +avowed making a revenue out of bribery and peculation. +They are, then, to restore it back again. +But how can they restore it? Mr. Hastings has +applied it: he has given it in presents to princes,—laid +it out in budgeros,—in pen, ink, and wax,—in +salaries to secretaries: he has laid it out just in +any way he pleased: and the India Company, who +have covenanted to restore all this money to the persons +from whom it came, are deprived of all means of +performing so just a duty. Therefore I dismiss the +idea that any man so acting could have had a good +intention in his mind: the supposition is too weak, +senseless, and absurd. It was only in a desperate +cause that he made a desperate attempt: for we shall +prove that he never made a disclosure without thinking +that a discovery had been previously made or +was likely to be made, together with an exposure +of all the circumstances of his wicked and abominable +concealment.</p> + +<p>You will see the history of this new scheme of +bribery, by which Mr. Hastings contrived by avowing +some bribes to cover others, attempted to outface +his delinquency, and, if possible, to reconcile a weak +breach of the laws with a sort of spirited observance +of them, and to become infamous for the good of his +country.</p> + +<p>The first appearance of this practice of bribery +was in a letter of the 29th of November, 1780. The +cause which led to the discovery was a dispute between +him and Mr. Francis at the board, in consequence +of a very handsome offer made by Mr. Hastings +to the board relative to a measure proposed by<span class='pagenum'><a name="Page_338" id="Page_338">{338}</a></span> +him, to which he found one objection to be the money +that it would cost. He made the most generous and +handsome offer, as it stands upon record, that perhaps +any man ever made,—namely, that he would defray +the expense out of his own private cash, and that he +had deposited with the treasurer two lac of rupees. +This was in June, 1780, and Mr. Francis soon after +returned to Europe. I need not inform your Lordships, +that Mr. Hastings had before this time been +charged with bribery and peculation by General Clavering, +Colonel Monson, and Mr. Francis. He suspected +that Mr. Francis, then going to Europe, would +confirm this charge by the suspicious nature and circumstances +of this generous offer; and this suspicion +was increased by the connection which he supposed, +and which we can prove he thought, Mr. Francis had +with Cheyt Sing. Apprehending, therefore, that he +might discover and bring the bribe to light some way +or other, he resolved to anticipate any such discovery +by declaring, upon the 29th of November, that this +money was not his own. I will mention to your Lordships +hereafter the circumstances of this money. He +says, "My present reason for adverting to my conduct," +(that is, his offer of two lac of rupees out of +his own private cash for the Company's service, upon +the 26th of June, 1780,) "on the occasion I have mentioned, +is to obviate the false conclusions or purposed +misrepresentations which may be made of it, either as +an artifice of ostentation or as the effect of corrupt +influence, by assuring you that the money, by whatever +means it came into your possession, was not my +own,—that I had myself no right to it, nor would +or could have received it, but for the occasion, which +prompted me to avail myself of the accidental means<span class='pagenum'><a name="Page_339" id="Page_339">{339}</a></span> +which were at that instant afforded me of accepting +and converting it to the property and use of the Company: +and with this brief apology I shall dismiss the +subject."</p> + +<p>My Lords, you see what an account Mr. Hastings +has given of some obscure transaction by which he +contradicts the record. For, on the 26th of June, he +generously, nobly, full of enthusiasm for their service, +offers to the Company money of his own. On the +29th of November he tells the Court of Directors that +the money he offered on the former day was not his +own,—that his assertion was totally false,—that the +money was not his,—that he had no right to receive +it,—and that he would not have received it, but for +the occasion, which prompted him to avail himself of +the accidental means which at that instant offered.</p> + +<p>Such is the account sent by their Governor in India, +acting as an accountant, to the Company,—a +company with whom everything is matter of account. +He tells them, indeed, that the sum he had offered +was not his own,—that he had no right to it,—and +that he would not have taken it, if he had not been +greatly tempted by the occasion; but he never tells +them by what means he came at it, the person from +whom he received it, the occasion upon which he +received it, (whether justifiable or not,) or any one +circumstance under heaven relative to it. This is +a very extraordinary account to give to the public of +a sum which we find to be somewhere above twenty +thousand pounds, taken by Mr. Hastings in some way +or other. He set the Company blindly groping in +the dark by the very pretended light, the ignis-fatuus, +which he held out to them: for at that time all was +in the dark, and in a cloud: and this is what Mr.<span class='pagenum'><a name="Page_340" id="Page_340">{340}</a></span> +Hastings calls <i>information</i> communicated to the Company +on the subject of these bribes.</p> + +<p>You have heard of obscurity illustrated by a further +obscurity,—<i>obscurum per obscurius</i>. He continues +to tell them,—"Something of affinity to this +anecdote may appear in the first aspect of another +transaction, which I shall proceed to relate, and of +which it is more immediately my duty to inform +you." He then tells them that he had contrived to +give a sum of money to the Rajah of Berar, and the +account he gives of that proceeding is this. "We +had neither money to spare, nor, in the apparent state +of that government in its relation to ours, would it +have been either prudent or consistent with our public +credit to have afforded it. It was, nevertheless, +my decided opinion that some aid should be given, +not less as a necessary relief than as an indication of +confidence, and a return for the many instances of +substantial kindness which we had within the course +of the two last years experienced from the government +of Berar. I had an assurance that such a proposal +would receive the acquiescence of the board; +but I knew that it would not pass without opposition, +and it would have become public, which might have +defeated its purpose. Convinced of the necessity of +the expedient, and assured of the sincerity of the government +of Berar, from evidences of stronger proof to +me than I could make them appear to the other members +of the board, I resolved to adopt it and take the +entire responsibility of it upon myself. In this mode +a less considerable sum would suffice. I accordingly +caused three lac of rupees to be delivered to the +minister of the Rajah of Berar resident in Calcutta. +He has transmitted it to Cuttack. Two thirds of this<span class='pagenum'><a name="Page_341" id="Page_341">{341}</a></span> +sum I have raised by my own credit, and shall charge +it in my official accounts; the other third I have +supplied from the cash in my hands belonging to the +Honorable Company."</p> + +<p>Your Lordships see in this business another mode +which he has of accounting with the Company, and +informing them of his bribe. He begins his account +of this transaction by saying that it has something of +affinity to the last anecdote,—meaning the account +of the first bribe. An anecdote is made a head of +an account; and this, I believe, is what none of your +Lordships ever have heard of before,—and I believe +it is yet to be learned in this commercial nation, a nation +of accurate commercial account. The account +he gives of the first is an anecdote; and what is his +account of the second? A relation of an anecdote: +not a near relation, but something of affinity,—a remote +relation, cousin three or four times removed, of +the half-blood, or something of that kind, to this anecdote: +and he never tells them any circumstance of +it whatever of any kind, but that it has some affinity +to the former anecdote. But, my Lords, the thing +which comes to some degree of clearness is this, that +he did give money to the Rajah of Berar. And your +Lordships will be so good as to advert carefully to the +proportions in which he gave it. He did give him +two lac of rupees of money raised by his own credit, +his own money; and the third he advanced out of +the Company's money in his hands. He might have +taken the Company's money undoubtedly, fairly, +openly, and held it in his hands, for a hundred purposes; +and therefore he does not tell them that even +that third was money he had obtained by bribery and +corruption. No: he says it is money of the Com<span class='pagenum'><a name="Page_342" id="Page_342">{342}</a></span>pany's, +which he had in his hand. So that you must +get through a long train of construction before you +ascertain that this sum was what it turns out to be, +a bribe, which he retained for the Company. Your +Lordships will please to observe, as I proceed, the nature +of this pretended generosity in Mr. Hastings. +He is always generous in the same way. As he offered +the whole of his first bribe as his own money, +and afterward acknowledged that no part of it was +his own, so he is now generous again in this latter +transaction,—in which, however, he shows that he is +neither generous nor just. He took the first money +without right, and he did not apply it to the very +service for which it was pretended to be taken. He +then tells you of another anecdote, which, he says, +has an affinity to that anecdote, and here he is generous +again. In the first he appears to be generous +and just, because he appears to give his own money, +which he had a right to dispose of; then he tells you +he is neither generous nor just, for he had taken money +he had no right to, and did not apply it to the service +for which he pretended to have received it. And +now he is generous again, because he gives two lac +of his own money,—and just, because he gives one +lac which belonged to the Company; but there is not +an idea suggested from whom he took it.</p> + +<p>But to proceed, my Lords. In this letter he tells +you he had given two thirds his own money and one +third the Company's money. So it stood upon the +29th of November, 1780. On the 5th of January following +we see the business take a totally different +turn; and then Mr. Hastings calls for three Company's +bonds, upon two different securities, antedated +to the 1st and 2d of October, for the three lac, which<span class='pagenum'><a name="Page_343" id="Page_343">{343}</a></span> +he before told them was two thirds his own money +and one third the Company's. He now declares the +whole of it to be his own, and he thus applies by letter +to the board, of which he himself was a majority.</p> + +<div class="blockquot"><p>"Honorable Sir and Sirs,—Having had occasion to +disburse the sum of three lacs of sicca rupees on account +of secret services, which having been advanced +from my own private cash, I request that the same +may be repaid to me in the following manner.</p> + +<p>"A bond to be granted me upon the terms of the +second loan, bearing date from 1st October, for one +lac of sicca rupees.</p> + +<p>"A bond to be granted me upon the terms of the +first loan, bearing date from 1st October, for one lac +of sicca rupees."</p> + +<p>"A bond to be granted me upon the terms of the +first loan, bearing date from the 2d October, for one +lac of sicca rupees."</p></div> + +<p>Here are two accounts, one of which must be directly +and flatly false: for he could not have given +two thirds his own, and have supplied the other third +from money of the Company's, and at the same time +have advanced the whole as his own. He here goes +the full length of the fraud: he declares that it is all +his own,—so much his own that he does not trust +the Company with it, and actually takes their bonds +as a security for it, bearing an interest to be paid to +him when he thinks proper.</p> + +<p>Thus it remained from the 5th of January, 1781, +till 16th December, 1782, when this business takes +another turn, and in a letter of his to the Company +these bonds become all their own. All the money ad<span class='pagenum'><a name="Page_344" id="Page_344">{344}</a></span>vanced +is now, all of it, the Company's money. First +he says two thirds were his own; next, that the whole +is his own; and the third account is, that the whole +is the Company's, and he will account to them for it.</p> + +<p>Now he has accompanied this account with another +very curious one. For when you come to look into +the particulars of it, you will find there are three +bonds declared to be the Company's bonds, and which +refer to the former transactions, namely, the money +for which he had taken the bonds; but when you +come to look at the numbers of them, you will find +that one of the three bonds which he had taken as +his own disappears, and another bond, of another date, +and for a much larger sum, is substituted in its place, +of which he had never mentioned anything whatever. +So that, taking his first account, that two thirds is his +own money, then that it is all his own, in the third +that it is all the Company's money, by a fourth account, +given in a paper describing the three bonds, +you will find that there is one lac which he does not +account for, but substitutes in its place a bond before +taken as his own. He sinks and suppresses one bond, +he gives two bonds to the Company, and to supply +the want of the third, which he suppresses, he brings +forward a bond for another sum, of another date, +which he had never mentioned before. Here, then, +you have four different accounts: if any one of them +is true, every one of the other three is totally false. +Such a system of cogging, such a system of fraud, such +a system of prevarication, such a system of falsehood, +never was, I believe, before exhibited in the world.</p> + +<p>In the first place, why did he take bonds at all from +the Company for the money that was their own? I +must be cautious how I charge a legal crime. I will<span class='pagenum'><a name="Page_345" id="Page_345">{345}</a></span> +not charge it to be forgery, to take a bond from the +Company for money which was their own. He was +employed to make out bonds for the Company, to +raise money on their credit. He pretends he lent +them a sum of money, which was not his to lend: +but he gives their own money to them as his own, +and takes a security for it. I will not say that it is +a forgery, but I am sure it is an offence as grievous, +because it is as much a cheat as a forgery, with this +addition to it, that the person so cheating is in a +trust; he violates that trust, and in so doing he defrauds +and falsifies the whole system of the Company's +accounts.</p> + +<p>I have only to show what his own explanation of +all these actions was, because it supersedes all observation +of mine. Hear what prevaricating guilt says +for the falsehood and delusion which had been used to +cover it; and see how he plunges deeper and deeper +upon every occasion. This explanation arose out +of another memorable bribe, which I must now beg +leave to state to your Lordships.</p> + +<p>About the time of the receipt of the former bribes, +good fortune, as good things seldom come singly, is +kind to him; and when he went up and had nearly +ruined the Company's affairs in Oude and Benares, +he received a present of 100,000<i>l.</i> sterling, or thereabouts. +He received bills for it in September, 1781, +and he gives the Company an account of it in January, +1782. Remark in what manner the account of +this money was given, and the purposes for which +he intends to apply it. He says, in this letter, "I received +the offer of a considerable sum of money, both +on the Nabob's part and that of his ministers, as a +present to myself, not to the Company: I accepted it<span class='pagenum'><a name="Page_346" id="Page_346">{346}</a></span> +without hesitation, and gladly, being entirely destitute +both of means and credit, whether for your service or +the relief of my own necessities." My Lords, upon +this you shall hear a comment, made by some abler +persons than me. This donation was not made in +species, but in bills upon the house of Gopaul Doss, +who was then a prisoner in the hands of Cheyt Sing. +After mentioning that he took this present for the +Company, and for their exigencies, and partly for his +own necessities, and in consequence of the distress of +both, he desires the Company, in the moment of this +their greatest distress, to award it to him, and therefore +he ends, "If you should adjudge the deposit to +me, I shall consider it as the most honorable approbation +and reward of my labors: and I wish to owe +my fortune to your bounty. I am now in the fiftieth +year of my life: I have passed thirty-one years in the +service of the Company, and the greatest part of that +time in employments of the highest trust. My conscience +allows me boldly to claim the merit of zeal +and integrity; nor has fortune been unpropitious to +their exertions. To these qualities I bound my pretensions. +I shall not repine, if you shall deem otherwise +of my services; nor ought your decision, however +it may disappoint my hope of a retreat adequate +to the consequence and elevation of the office which I +now possess, to lessen my gratitude for having been +so long permitted to hold it, since it has at least enabled +me to lay up a provision with which I can be +contented in a more humble station."</p> + +<p>And here your Lordships will be pleased incidentally +to remark the circumstance of his condition of +life and his fortune, to which he appeals, and upon account +of which he desires this money. Your Lord<span class='pagenum'><a name="Page_347" id="Page_347">{347}</a></span>ships +will remember that in 1773 he said, (and this I +stated to you from himself,) that, if he held his then +office for a very few years, he should be enabled to +lay by an ample provision for his retreat. About +nine years after that time, namely, in the month +of January, 1782, he finds himself rather pinched +with want, but, however, not in so bad a way but +that the holding of his office had enabled him to lay +up a provision with which he could be contented in a +more humble station. He wishes to have affluence; +he wishes to have dignity; he wishes to have consequence +and rank: but he allows that he has competence. +Your Lordships will see afterwards how miserably +his hopes were disappointed: for the Court of +Directors, receiving this letter from Mr. Hastings, +did declare, that they could not give it to him, because +the act had ordered that "no fees of office, +perquisites, emoluments, or advantages whatsoever, +should be accepted, received, or taken by such Governor-General +and Council, or any of them, in any +manner or on any account or pretence whatsoever"; +"and as the same act further directs, 'that no Governor-General, +or any of the Council, shall directly +take, accept, or receive, of or from any person or +persons, in any manner or on any account whatsoever, +any present, gift, donation, gratuity, or reward, +pecuniary or otherwise, or any promise or engagement +for any present, gift, donation, gratuity, or reward,' +we cannot, were we so inclined, decree the +amount of this present to the Governor-General. +And it is further enacted, 'that any such present, +gift, gratuity, donation, or reward, accepted, taken, +or received, shall be deemed and construed to have +been received to and for the sole use of the Com<span class='pagenum'><a name="Page_348" id="Page_348">{348}</a></span>pany.'" +And therefore they resolved, most unjustly +and most wickedly, to keep it to themselves. The +act made it in the first instance the property of the +Company, and they would not give it him. And one +should think this, with his own former construction +of the act, would have made him cautious of taking +bribes. You have seen what weight it had with him +to stop the course of bribes which he was in such a +career of taking in every place and with both hands.</p> + +<p>Your Lordships have now before you this hundred +thousand pounds, disclosed in a letter from Patna, +dated the 20th January, 1782. You find mystery +and concealment in every one of Mr. Hastings's discoveries. +For (which is a curious part of it) this letter +was not sent to the Court of Directors in their +packet regularly, but transmitted by Major Fairfax, +one of his agents, to Major Scott, another of his +agents, to be delivered to the Company. Why was +this done? Your Lordships will judge, from that circuitous +mode of transmission, whether he did not +thereby intend to leave some discretion in his agent +to divulge it or not. We are told he did not; but +your Lordships will believe that or not, according to +the nature of the fact. If he had been anxious to +make this discovery to the Directors, the regular way +would have been to send his letter to the Directors +immediately in the packet: but he sent it in a box to +an agent; and that agent, upon due discretion, conveyed +it to the Court of Directors. Here, however, +he tells you nothing about the persons from whom +he received this money, any more than he had done +respecting the two former sums.</p> + +<p>On the 2d of May following the date of this Patna +letter he came down to Calcutta with a mind, as he<span class='pagenum'><a name="Page_349" id="Page_349">{349}</a></span> +himself describes it, greatly agitated. All his hope +of plundering Benares had totally failed. The produce +of the robbing of the Begums, in the manner +your Lordships have heard, was all dissipated to pay +the arrears of the armies: there was no fund left. +He felt himself agitated and full of dread, knowing +that he had been threatened with having his place +taken from him several times, and that he might be +called home to render an account. He had heard +that inquiries had begun in a menacing form in Parliament; +and though at that time Bengal was not +struck at, there was a charge of bribery and peculation +brought against the Governor of Madras. With +this dread, with a mind full of anxiety and perturbation, +he writes a letter, as he pretends, on the 22d of +May, 1782. Your Lordships will remark, that, when +he came down to Calcutta from his expedition up +the country, he did not till the 22d of May give any +account whatever of these transactions,—and that +this letter, or pretended letter, of the 22d of May was +not sent till the 16th of December following. We +shall clearly prove that he had abundant means of +sending it, and by various ways, before the 16th of +December, 1782, when he inclosed in another letter +that of the 22d of May. This is the letter of discovery; +this is the letter by which his breast was to be +laid open to his employers, and all the obscurity of +his transactions to be elucidated. Here are indeed +new discoveries, but they are like many new-discovered +lands, exceedingly inhospitable, very thinly inhabited, +and producing nothing to gratify the curiosity +of the human mind.</p> + +<p>This letter is addressed to the Honorable the +Court of Directors, dated Fort William, 22d May,<span class='pagenum'><a name="Page_350" id="Page_350">{350}</a></span> +1782. He tells them he had promised to account +for the ten lacs of rupees which he had received, and +this promise, he says, he now performs, and that he +takes that opportunity of accounting with them likewise +for several other sums which he had received. +His words are,—</p> + +<p>"This promise I now perform, and, deeming it +consistent with the spirit of it, I have added such +other sums as have been occasionally converted to +the Company's property through my means, in consequence +of the like original destination. Of the second +of these sums you have already been advised +in a letter which I had the honor to address the +Honorable Court of Directors, dated 29th November, +1780. Both this and the third article were paid immediately +to the treasury, by my order to the sub-treasurer +to receive them on the Company's account, +but never passed through my hands. The three +sums for which bonds were granted were in like +manner paid to the Company's treasury, without +passing through my hands, but their <i>application</i> was +not specified. The sum of 50,000 current rupees +was received while I was on my journey to Benares, +and applied as expressed in the account.</p> + +<p>"As to the manner in which these sums have been +expended, the reference which I have made of it in +the accompanying account, to the several accounts in +which they are credited, renders any other specification +of it unnecessary,—<i>besides</i> that these accounts +either have or will have received a much stronger authentication +than any that I could give to mine."</p> + +<p>I wish your Lordships to attend to the next paragraph, +which is meant by him to explain why he took +bribes at all,—why he took bonds for some of them,<span class='pagenum'><a name="Page_351" id="Page_351">{351}</a></span> +as moneys of his own, and not moneys of the +Company,—why he entered some upon the Company's accounts, +and why of the others he renders no account at +all. Light, however, will beam upon you as we proceed.</p> + +<p>"Why these sums were taken by me,—why they +were, except the second, quietly transferred to the +Company's use,—why bonds were taken for the first, +and not for the rest,—might, were this matter exposed +to the view of the public, furnish a variety of +conjectures, to which it would be of little use to reply. +Were your Honorable Court to question me on these +points, I would answer, that the sums were taken for +the Company's benefit, at times when the Company +very much needed them,—that I either chose to conceal +the first receipts from public curiosity by receiving +bonds for the amount, or possibly acted without +any studied design which my memory could at this +distance of time verify, and that I did not think it +worth my care to observe the same means with the +rest. I trust, Honorable Sirs, to your breasts for a +candid interpretation of my actions,—and assume +the freedom to add, that I think myself, on such a +subject, on such <i>an occasion</i>, entitled to it."</p> + +<p>Lofty, my Lords! You see, that, after the Directors +had expected an explanation for so long a time, +he says, "Why these sums were taken by me, and, +except the second, quietly transferred to the Company's +use, I cannot tell; why bonds were taken for +the first, and not for the rest, I cannot tell: if this +matter were exposed to view, it would furnish a variety +of conjectures." Here is an account which is +to explain the most obscure, the most mysterious, +the most evidently fraudulent transactions. When +asked how he came to take these bonds, how he came<span class='pagenum'><a name="Page_352" id="Page_352">{352}</a></span> +to use these frauds, he tells you he really does not +know,—that he might have this motive for it, that he +might have another motive for it,—that he wished +to conceal it from public curiosity,—but, which is the +most extraordinary, he is not quite sure that he +had any motive for it at all, which his memory can +trace. The whole of this is a period of a year and a +half; and here is a man who keeps his account upon +principles of whim and vagary. One would imagine +he was guessing at some motive of a stranger. Why +he came to take bonds for money not due to him, and +why he enters some and not others,—he knows nothing +of these things: he begs them not to ask about it, +because it will be of no use. "You foolish Court of +Directors may conjecture and conjecture on. You +are asking me why I took bonds to myself for money +of yours, why I have cheated you, why I have falsified +my account in such a manner. I will not tell +you."</p> + +<p>In the satisfaction which he had promised to give +them he neither mentions the persons, the times, the +occasions, or motives for any of his actions. He adds, +"I did not think it worth my care to observe the +same means with the rest." For some purposes, he +thought it necessary to use the most complicated and +artful concealments; for some, he could not tell what +his motives were; and for others, that it was mere +carelessness. Here is the exchequer of bribery!—have +I falsified any part of my original stating of it?—an +exchequer in which the man who ought to pay +receives, the man who ought to give security takes +it, the man who ought to keep an account says he +has forgotten; an exchequer in which oblivion was +the remembrancer; and, to sum up the whole, an<span class='pagenum'><a name="Page_353" id="Page_353">{353}</a></span> +exchequer into the accounts of which it was useless +to inquire. This is the manner in which the account +of near two hundred thousand pounds is given to the +Court of Directors. You can learn nothing in this +business that is any way distinct, except a premeditated +design of a concealment of his transactions. +That is avowed.</p> + +<p>But there is a more serious thing behind. Who +were the instruments of his concealment? No other, +my Lords, than the Company's public accountant. +That very accountant takes the money, knowing +it to be the Company's, and that it was only +pretended to be advanced by Mr. Hastings for the +Company's use. He sees Mr. Hastings make out +bonds to himself for it, and Mr. Hastings makes him +enter him as creditor, when in fact he was debtor. +Thus he debauches the Company's accountant, and +makes him his confederate. These fraudulent and +corrupt acts, covered by false representations, are +proved to be false not by collation with anything +else, but false by a collation with themselves. This, +then, is the account, and his explanation of it; and +in this insolent, saucy, careless, negligent manner, +a public accountant like Mr. Hastings, a man bred +up a book-keeper in the Company's service, who +ought to be exact, physically exact, in his account, +has not only been vicious in his own account, but +made the public accounts vicious and of no value.</p> + +<p>But there is in this account another curious circumstance +with regard to the deposit of this sum of +money, to which he referred in his first paragraph +of his letter of the 29th of November, 1780. He +states that this deposit was made and passed into the +hands of Mr. Larkins on the 1st of June. It did so;<span class='pagenum'><a name="Page_354" id="Page_354">{354}</a></span> +but it is not entered in the Company's accounts till +November following. Now in all that intermediate +space where was it? what account was there +of it? It was entirely a secret between Mr. Larkins +and Mr. Hastings, without a possibility of any one +discovering any particular relative to it. Here is +an account of two hundred thousand pounds received, +juggled between the accountant and him, without a +trace of it appearing in the Company's books. Some +of those committees, to whom, for their diligence at +least, I must say the public have some obligation, and +in return for which they ought to meet with some +indulgence, examining into all these circumstances, +and having heard that Mr. Hastings had deposited a +sum of money in the hands of the Company's sub-treasurer +in the month of June, sent for the Company's +books. They looked over those books, but they +did not find the least trace of any such sum of money, +and not any account of it: nor could there be, +because it was not paid to the Company's account +till the November following. The accountant had received +the money, but never entered it from June +till November. Then, at last, have we an account +of it. But was it even then entered regularly upon +the Company's accounts? No such thing: it is a +deposit carried to the Governor-General's credit.</p> + +<div class="blockquote"><p>[<i>The entry of the several species in which this deposit +was made was here read from the Company's General +Journal of 1780 and 1781.</i>]</p></div> + +<p>My Lords, when this account appears at last, +when this money does emerge in the public accounts, +whose is it? Is it the Company's? No: Mr. Hast<span class='pagenum'><a name="Page_355" id="Page_355">{355}</a></span>ings's. +And thus, if, notwithstanding this obscure account +in November, the Directors had claimed and +called for this affinity to an anecdote,—if they had +called for this anecdote and examined the account,—if +they had said, "We observe here entered two lac +and upwards; come, Mr. Hastings, let us see where +this money is,"—they would find that it is Mr. +Hastings's money, not the Company's; they would +find that it is carried to his credit. In this manner +he hands over this sum, telling them, on the 22d +of May, 1782, that not only the bonds were a fraud, +but the deposit was a fraud, and that neither bonds +nor deposit did in reality belong to him. Why did +he enter it at all? Then, afterwards, why did he +not enter it as the Company's? Why make a false +entry, to enter it as his own? And how came he, +two years after, when he does tell you that it was +the Company's and not his own, to alter the public +accounts? But why did he not tell them at that +time, when he pretends to be opening his breast to +the Directors, from whom he received it, or say +anything to give light to the Company respecting +it? who, supposing they had the power of dispensing +with an act of Parliament, or licensing bribery at +their pleasure, might have been thereby enabled to +say, "Here you ought to have received it,—there +it might be oppressive and of dreadful example."</p> + +<p>I have only to state, that, in this letter, which was +pretended to be written on the 22d of May, 1782, +your Lordships will observe that he thinks it his +absolute duty (and I wish to press this upon your +Lordships, because it will be necessary in a comparison +which I shall have hereafter to make) to lay +open all their affairs to them, to give them a full<span class='pagenum'><a name="Page_356" id="Page_356">{356}</a></span> +and candid explanation of his conduct, which he afterwards +confesses he is not able to do. The paragraph +has been just read to you. It amounts to +this: "I have taken many bribes,—have falsified +your accounts,—have reversed the principle of them +in my own favor; I now discover to you all these my +frauds, and think myself entitled to your confidence +upon this occasion." Now all the principles of diffidence, +all the principles of distrust, nay, more, all +the principles upon which a man may be convicted +of premeditated fraud, and deserve the severest punishment, +are to be found in this case, in which he +says he holds himself to be entitled to their confidence +and trust. If any of your Lordships had a +steward who told you he had lent you your own +money, and had taken bonds from you for it, and if +he afterwards told you that that money was neither +yours nor his, but extorted from your tenants +by some scandalous means, I should be glad to know +what your Lordships would think of such a steward, +who should say, "I will take the freedom to add, that +I think myself, on such a subject, on such an occasion, +entitled to your confidence and trust." You +will observe his cavalier mode of expression. Instead +of his exhibiting the rigor and severity of an +accountant and a book-keeper, you would think that +he had been a reader of sentimental letters; there +is such an air of a novel running through the whole, +that it adds to the ridicule and nausea of it: it is an +oxymel of squills; there is something to strike you +with horror for the villany of it, something to strike +you with contempt for the fraud of it, and something +to strike you with utter disgust for the vile and bad +taste with which all these base ingredients are assorted.<span class='pagenum'><a name="Page_357" id="Page_357">{357}</a></span></p> + +<p>Your Lordships will see, when the account which +is subjoined to this unaccountable letter comes before +you, that, though the Company had desired to know +the channels through which he got those sums, there +is not (except by a reference that appears in another +place to one of the articles) one single syllable of +explanation given from one end to the other, there is +not the least glimpse of light thrown upon these transactions. +But we have since discovered from whom +he got these bribes; and your Lordships will be struck +with horror, when you hear it.</p> + +<p>I have already remarked to you, that, though this +letter is dated upon the 22d of May, it was not dispatched +for Europe till December following; and he +gets Mr. Larkins, who was his agent and instrument +in falsifying the Company's accounts, to swear that +this letter was written upon the 22d of May, and that +he had no opportunity to send it, but by the "Lively" +in December. On the 16th of that month he writes +to the Directors, and tells them that he is quite +shocked to find he had no earlier opportunity of making +this discovery, which he thought himself bound to +make; though this discovery, respecting some articles +of it, had now been delayed nearly two years, and +though it since appears that there were many opportunities, +and particularly by the "Resolution," of +sending it. He was much distressed, and found himself +in an awkward situation, from an apprehension +that the Parliamentary inquiry, which he knew was +at this time in progress, might have forced from him +this notable discovery. He says, "I do not fear the +consequences of any Parliamentary process." Indeed, +he needed not to fear any Parliamentary inquiry, if it +produced no further discovery than that which your<span class='pagenum'><a name="Page_358" id="Page_358">{358}</a></span> +Lordships have in the letter of the 22d of May, and in +the accounts subjoined to it. He says, that "the delay +is of no public consequence; but it has produced a +situation which, with respect to myself, I regard as +unfortunate, because it exposes me to the meanest +imputation, from the occasion which the late Parliamentary +inquiries have since furnished."</p> + +<p>Now here is a very curious letter, that I wish to +have read for some other reasons, which will afterwards +appear, but principally at present for the purpose +of showing you that he held it to be his duty +and thought it to the last degree dishonorable not to +give the Company an account of those secret bribes: +he thought it would reflect upon him, and ruin his +character forever, if this account did not come voluntarily +from him, but was extorted by terror of Parliamentary +inquiry. In this letter of the 16th December, +1782, he thus writes.</p> + +<p>"The delay is of no public consequence, but it has +produced a situation which, with respect to myself, +I regard as unfortunate; because it exposes me to +the meanest imputation, from the occasion which the +late Parliamentary inquiries have since furnished, but +which were unknown when my letter was written, +and written in the necessary consequence of a promise +made to that effect in a former letter to your Honorable +Committee, dated 20th January last. However, to +preclude the possibility of such reflections from affecting +me, I have desired Mr. Larkins, who was privy to +the whole transaction, to affix to the letter his affidavit +of the date in which it was written. I own I feel +most sensibly the mortification of being reduced to +the necessity of using such precautions to guard my +reputation from dishonor. If I had at any time pos<span class='pagenum'><a name="Page_359" id="Page_359">{359}</a></span>sessed +that degree of confidence from my immediate +employers which they never withheld from the meanest +of my predecessors, I should have disdained to use +these attentions. How I have drawn on me a different +treatment I know not; it is sufficient that I have +not merited it. And in the course of a service of +thirty-two years, and ten of these employed in maintaining +the powers and discharging the duties of the +first office of the British government in India, that +honorable court ought to know whether I possess the +integrity and honor which are the first requisites of +such a station. If I wanted these, they have afforded +me but too powerful incentives to suppress the information +which I now convey to them through you, and +to appropriate to my own use the sums which I have +already passed to their credit, by the unworthy and, +pardon me, if I add, dangerous, reflections which they +have passed upon me for the first communication of +this kind: and your own experience will suggest to +you, that there are persons who would profit by such +a warning.</p> + +<p>"Upon the whole of these transactions, which to +you, who are accustomed to view business in an official +and regular light, may appear unprecedented, if not +improper, I have but a few short remarks to suggest +to your consideration.</p> + +<p>"If I appear in any unfavorable light by these transactions, +I resign the common and legal security of +those who commit crimes or errors. I am ready to +answer every particular question that may be put +against myself, upon honor or upon oath.</p> + +<p>"The sources from which these reliefs to the public +service have come would never have yielded them +to the Company publicly; and the exigencies of your<span class='pagenum'><a name="Page_360" id="Page_360">{360}</a></span> +service (exigencies created by the exposition of your +affairs, and faction in your councils) required those +supplies.</p> + +<p>"I could have concealed them, had I had a wrong +motive, from yours and the public eye forever; and I +know that the difficulties to which a spirit of injustice +may subject me for my candor and avowal are greater +than any possible inconvenience that could have attended +the concealment, except the dissatisfaction of my +own mind. These difficulties are but a few of those +which I have suffered in your service. The applause +of my own breast is my surest reward, and was the +support of my mind in meeting them. Your applause, +and that of my country, are my next wish in life."</p> + +<p>Your Lordships will observe at the end of this +letter, that this man declares his first applause to be +from his own breast, and that he next wishes to have +the applause of his employers. But reversing this, +and taking their applause first, let us see on what +does he ground his hope of their applause? Was it +on his former conduct? No: for he says that conduct +had repeatedly met with their disapprobation. +Was it upon the confidence which he knew they had +in him? No: for he says they gave more of their +confidence to the meanest of his predecessors. Observe, +my Lords, the style of insolence he constantly +uses with regard to all mankind. Lord Clive was +his predecessor, Governor Cartier was his predecessor, +Governor Verelst was his predecessor: every man of +them as good as himself: and yet he says the Directors +had given "more of their confidence to the <i>meanest</i> +of his predecessors." But what was to entitle +him to their applause? A clear and full explanation +of the bribes he had taken. Bribes was to be the<span class='pagenum'><a name="Page_361" id="Page_361">{361}</a></span> +foundation of their confidence in him, and the clear +explanation of them was to entitle him to their applause! +Strange grounds to build confidence upon!—the +rotten ground of corruption, accompanied with +the infamy of its avowal! Strange ground to expect +applause!—a discovery which was no discovery at +all! Your Lordships have heard this discovery, +which I have not taken upon me to state, but have +read his own letter on the occasion. Has there, at +this moment, any light broken in upon you concerning +this matter?</p> + +<p>But what does he say to the Directors? He says, +"Upon the whole of these transactions, which to you, +who are accustomed to view business in an official +and regular light, may appear unprecedented, if not +improper, I have but a few short remarks to suggest +to your consideration." He looks upon them and +treats them as a set of low mechanical men, a set of +low-born book-keepers, as base souls, who in an account +call for explanation and precision. If there is +no precision in accounts, there is nothing of worth +in them. You see he himself is an eccentric accountant, +a Pindaric book-keeper, an arithmetician in the +clouds. "I know," he says, "what the Directors +desire: but they are mean people; they are not of +elevated sentiments; they are modest; they avoid +ostentation in taking of bribes: I therefore am playing +cups and balls with them, letting them see a little +glimpse of the bribes, then carrying them fairly +away." Upon this he founds the applause of his own +breast.</p> + +<div class="poem"><div class="stanza"> +<span class="i4">Populus me sibilat; at mihi plaudo<br /></span> +<span class="i1">Ipse domi, simul ac nummos contemplor in arca.<br /></span> +</div></div> + +<p class="noindent">That private <i>ipse plaudo</i> he may have in this busi<span class='pagenum'><a name="Page_362" id="Page_362">{362}</a></span>ness, +which is a business of money; but the applause +of no other human creature will he have for giving +such an account as he admits this to be,—irregular, +uncertain, problematical, and of which no one can +make either head or tail. He despises us also, who +are representatives of the people, and have amongst +us all the regular officers of finance, for expecting +anything like a regular account from him. He is +hurt at it; he considers it as a cruel treatment of +him; he says, "Have I deserved this treatment?" +Observe, my Lords, he had met with no treatment, +if treatment it may be called, from us, of the kind of +which he complains. The Court of Directors had, +however, in a way shameful, abject, low, and pusillanimous, +begged of him, as if they were his dependants, +and not his masters, to give them some light into the +account; they desire a receiver of money to tell from +whom he received it, and how he applied it. He answers, +They may be hanged for a parcel of mean, +contemptible book-keepers, and that he will give them +no account at all. He says, "If you sue me"—There +is the point: he always takes security in a court +of law. He considers his being called upon by these +people, to whom he ought as a faithful servant to give +an account, and to do which he was bound by an act +of Parliament specially intrusting him with the administration +of the revenues, as a gross affront. He +adds, that he is ready to resign his defence, and to +answer upon honor or upon oath. Answering upon +honor is a strange way they have got in India, as your +Lordships may see in the course of this inquiry. But +he forgets, that, being the Company's servant, the +Company may bring a bill in Chancery against him, +and force him upon oath to give an account. He has<span class='pagenum'><a name="Page_363" id="Page_363">{363}</a></span> +not, however, given them light enough or afforded +them sufficient ground for a fishing bill in Chancery. +Yet he says, "If you call upon me in a Chancery way, +or by Common Law, I really will abdicate all forms, +and give you some account." In consequence of this +the Company did demand from him an account, regularly, +and as fully and formally as if they had demanded +it in a court of justice. He positively refused +to give them any account whatever; and they have +never, to this very day in which we speak, had any +account that is at all clear or satisfactory. Your +Lordships will see, as I go through this scene of +fraud, falsification, iniquity, and prevarication, that, +in defiance of his promise, which promise they quote +upon him over and over again, he has never given +them any account of this matter.</p> + +<p>He goes on to say (and the threat is indeed alarming) +that by calling him to account they may provoke +him—to what? "To appropriate," he says, "to +my own use the sums which I have already passed to +your credit, by the unworthy and, pardon me, if I +add, dangerous, reflections which you have passed +upon me for the first communication of this kind." +They passed no reflections: they said they would +neither praise nor blame him, but pressed him for +an account of a matter which they could not understand: +and I believe your Lordships understand it no +more than they, for it is not in the compass of human +understanding to conceive or comprehend it. Instead +of an account of it, he dares to threaten them: "I +may be tempted, if you should provoke me, not to be +an honest man,—to falsify your account a second +time, and to reclaim those sums which I have passed +to your credit,—to alter the account again, by the<span class='pagenum'><a name="Page_364" id="Page_364">{364}</a></span> +assistance of Mr. Larkins." What a dreadful declaration +is this of his dominion over the public accounts, +and of his power of altering them! a declaration, +that, having first falsified those accounts in order to +deceive them, and afterwards having told them of +this falsification in order to gain credit with them, if +they provoke him, he shall take back the money he +had carried to their account, and make them his +debtors for it! He fairly avows the dominion he has +over the Company's accounts; and therefore, when he +shall hereafter plead the accounts, we shall be able +to rebut that evidence, and say, "The Company's +accounts are corrupted by you, through your agent, +Mr. Larkins; and we give no credit to them, because +you not only told the Company you could do so, but +we can prove that you have actually done it." What +a strange medley of evasion, pretended discovery, real +concealment, fraud, and prevarication appears in every +part of this letter!</p> + +<p>But admitting this letter to have been written upon +the 22d of May, and kept back to the 16th of +December, you would imagine that during all that +interval of time he would have prepared himself to +give some light, some illustration of these dark and +mysterious transactions, which carried fraud upon +the very face of them. Did he do so? Not at all. +Upon the 16th of December, instead of giving them +some such clear accounts as might have been expected, +he falls into a violent passion for their expecting +them; he tells them it would be dangerous; and he +tells them they knew who had profited by these +transactions: thus, in order to strike terror into +their breasts, hinting at some frauds which they had +practised or protected. What weight this may have<span class='pagenum'><a name="Page_365" id="Page_365">{365}</a></span> +had with them I know not; but your Lordships will +expect in vain, that Mr. Hastings, after giving four +accounts, if any one of which is true, the other three +must necessarily be false,—after having thrown the +Company's accounts into confusion, and being unable +to tell, as he says himself, why he did so,—will +at last give some satisfaction to the Directors, who +continued, in a humble, meek way, giving him hints +that he ought to do it.—You have heard nothing yet +but the consequences of their refusing to give him the +present of a hundred thousand pounds, which he had +taken from the Nabob. They did right to refuse it to +him; they did wrong to take it to themselves.</p> + +<p>We now find Mr. Hastings on the river Ganges, +in September, 1784,—that Ganges whose purifying +water expiates so many sins of the Gentoos, and +which, one would think, would have washed Mr. +Hastings's hands a little clean of bribery, and would +have rolled down its golden sands like another Pactolus. +Here we find him discovering another of his +bribes. This was a bribe taken upon totally a different +principle, according to his own avowal: it is a +bribe not pretended to be received for the use of the +Company,—a bribe taken absolutely entirely for himself. +He tells them that he had taken between thirty +and forty thousand pounds. This bribe, which, like +the former, he had taken without right, he tells them +that he intends to apply to his own purposes, and he +insists upon their sanction for so doing. He says, +he had in vain, upon a former occasion, appealed to +their honor, liberality, and generosity,—that he now +appeals to their justice; and insists upon their decreeing +this bribe—which he had taken without telling +them from whom, where, or on what account—to +his own use.<span class='pagenum'><a name="Page_366" id="Page_366">{366}</a></span></p> + +<p>Your Lordships remember, that in the letter which +he wrote from Patna, on the 20th of January, 1782, +he there states that he was in tolerable good circumstances, +and that this had arisen from his having +continued long in their service. Now, he has continued +two years longer in their service, and he is +reduced to beggary! "This," he says, "is a single +example of a life spent in the accumulation of crores +for your benefit, and doomed in its close to suffer the +extremity of private want, and to sink in obscurity."</p> + +<p>So far back as in 1773 he thought that he could +save an exceeding good fortune out of his place. In +1782 he says, with gratitude, that he has made a +decent private competency; but in two years after +he sunk to the extremity of private want. And how +does he seek to relieve that want? By taking a +bribe: bribes are no longer taken by him for the +Company's service, but for his own. He takes the +bribe with an express intention of keeping it for his +own use, and he calls upon the Company for their +sanction. If the money was taken without right, +no claim of his could justify its being appropriated +to himself: nor could the Company so appropriate +it; for no man has a right to be generous out of +another's goods. When he calls upon their justice +and generosity, they might answer, "If you have a +just demand upon our treasury, state it, and we will +pay it; if it is a demand upon our generosity, state +your merits, and we will consider them." "But I +have paid myself by a bribe; I have taken another +man's money; and I call upon your justice—to do +what? to restore it to its owner? no—to allow +me to keep it myself." Think, my Lords, in what +a situation the Company stands! "I have done a<span class='pagenum'><a name="Page_367" id="Page_367">{367}</a></span> +great deal for you; this is the jackal's portion; you +have been the lion; I have been endeavoring to prog +for you; I am your bribe-pander, your factor of +corruption, exposing myself to every kind of scorn +and ignominy, to insults even from you. I have +been preying and plundering for you; I have gone +through every stage of licentiousness and lewdness, +wading through every species of dirt and corruption, +for your advantage. I am now sinking into the +extremity of private want; do give me this—what? +money? no, this bribe; rob me the man who gave me +this bribe; vote me—what? money of your own? +that would be generous: money you owe me? that +would be just: no, money which I have extorted +from another man; and I call upon your justice to +give it me." This is his idea of justice. He says, +"I am compelled to depart from that liberal plan +which I originally adopted, and to claim from your +justice (for you have forbid me to appeal to your +generosity) the discharge of a debt which I can with +the most scrupulous integrity aver to be justly due, +and which I cannot sustain." Now, if any of the +Company's servants may say, "I have been extravagant, +profuse,—it was all meant for your good,—let +me prey upon the country at my pleasure,—license +my bribes, frauds, and peculations, and then +you do me justice,"—what country are we in, where +these ideas are ideas of generosity and justice?</p> + +<p>It might naturally be expected that in this letter +he would have given some account of the person from +whom he had taken this bribe. But here, as in the +other cases, he had a most effectual oblivion; the +Ganges, like Lethe, causes a drowsiness, as you saw +in Mr. Middleton; they recollect nothing, they know<span class='pagenum'><a name="Page_368" id="Page_368">{368}</a></span> +nothing. He has not stated, from that day to this, +from whom he took that money. But we have made +the discovery. And such is the use of Parliamentary +inquiries, such, too, both to the present age and posterity, +will be their use, that, if we pursue them with +the vigor which the great trust justly imposed upon +us demands, and if your Lordships do firmly administer +justice upon this man's frauds, you will at once +put an end to those frauds and prevarications forever. +Your Lordships will see, that, in this inquiry, +it is the diligence of the House of Commons, which +he has the audacity to call <i>malice</i>, that has discovered +and brought to light the frauds which we shall be +able to prove against him.</p> + +<p>I will now read to your Lordships an extract from +that stuff, called a defence, which he has either written +himself or somebody else has written for him, and +which he owns or disclaims, just as he pleases, when, +under the slow tortures of a Parliamentary impeachment, +he discovered at length from whom he got this +last bribe.</p> + +<p>"The last part of the charge states, that, in my +letter to the Court of Directors of the 21st February, +1784, I have confessed to have received another +sum of money, the amount of which is not declared, +but which, from the application of it, could not be +less than thirty-four thousand pounds sterling, &c. +In the year 1783, when I was actually in want of a +sum of money for my private expenses, owing to the +Company not having at that time sufficient cash in +their treasury to pay my salary, I borrowed three lacs +of rupees of Rajah Nobkissin, an inhabitant of Calcutta, +whom I desired to call upon me with a bond +properly filled up. He did so; but at the time I was<span class='pagenum'><a name="Page_369" id="Page_369">{369}</a></span> +going to execute it he entreated I would rather accept +the money than execute the bond. I neither +accepted the offer nor refused it; and my determination +upon it remained suspended between the alternative +of keeping the money, as a loan to be repaid, +and of taking it, and applying it, as I had done +other sums, to the Company's use. And there the +matter rested till I undertook my journey to Lucknow, +when I determined to accept the money for the +Company's use; and these were my motives. Having +made disbursements from my own cash for services, +which, though required to enable me to execute +the duties of my station, I had hitherto omitted to enter +into my public accounts, I resolved to reimburse +myself in a mode most suitable to the situation of the +Company's affairs, by charging these disbursements +in my durbar accounts of the present year, and crediting +them by a sum privately received, which was +this of Nobkissin's. If my claim on the Company +were not founded in justice, and <i>bonâ fide</i> due, my +acceptance of three lacs of rupees from Nobkissin +by no means precludes them from recovering that +sum from me. No member of this Honorable House +suspects me, I hope, of the meanness and guilt of +presenting false accounts."</p> + +<p>We do not <i>suspect</i> him of presenting false accounts: +we can prove, we are now radically proving, +that he presents false accounts. We suspect no +man who does not give ground for suspicion; we accuse +no man who has not given ground for accusation; +and we do not attempt to bring before a court +of justice any charges which we shall not be able decisively +to prove. This will put an end to all idle +prattle of malice, of groundless suspicions of guilt,<span class='pagenum'><a name="Page_370" id="Page_370">{370}</a></span> +and of ill-founded charges. We come here to bring +the matter to the test, and here it shall be brought to +the test, between the Commons of Great Britain and +this East India delinquent. In his letter of the 21st +of February, 1784, he says he has never benefited +himself by contingent accounts; and as an excuse +for taking this bribe from Nobkissin, which he did +not discover at the time, but many years afterwards, +at the bar of the House of Commons, he declares that +he wanted to apply it to the contingent account for +his expenses, that is, for what he pretended to have +laid out for the Company, during a great number of +years. He proceeds:—</p> + +<p>"If it should be objected, that the allowance of +these demands would furnish a precedent for others +of the like kind, I have to remark, that in their whole +amount they are but the aggregate of a contingent +account of twelve years; and if it were to become the +practice of those who have passed their prime of life +in your service, and filled, as I have filled it, the first +office of your dominion, to glean from their past accounts +all the articles of expense which their inaccuracy +or indifference hath overlooked, your interests +would suffer infinitely less by the precedent than by +a single example of a life spent in the accumulation +of crores for your benefit and doomed in its close to +suffer the extremity of private want and to sink in +obscurity."</p> + +<p>Here is the man that has told us at the bar of the +House of Commons that he never made up any contingent +accounts; and yet, as a set-off against this +bribe, which he received for himself, and never intended +to apply to the current use of the Company, +he feigns and invents a claim upon them, namely,<span class='pagenum'><a name="Page_371" id="Page_371">{371}</a></span> +that he had, without any authority of the Company, +squandered away in stationery and budgeros, and +other idle services, a sum amounting to 34,000<i>l.</i> +But was it for the Company's service? Is this language +to be listened to? "Everything I thought fit +to expend I have expended for the Company's service. +I intended, indeed, at that time, to have been +generous. I intended out of my own pocket to have +paid for a translation of the code of Gentoo laws. I +was then in the prime of my life, flowing in money, +and had great expectations: I am now old; I cannot +afford to be generous: I will look back into all my +former accounts, pen, ink, wax, everything that I +generously or prodigally spent as my own humor +might suggest; and though, at the same time, I +know you have given me a noble allowance, I now +make a charge upon you for this sum of money, and +intend to take a bribe in discharge of it." Now suppose +Lord Cornwallis, who sits in the seat, and I hope +will long, and honorably and worthily, fill the seat, +which that gentleman possessed,—suppose Lord +Cornwallis, after never having complained of the +insufficiency of his salary, and after having but two +years ago said he had saved a sufficient competency +out of it, should now tell you that 30,00<i>l.</i> a year +was not enough for him, and that he was sinking into +want and distress, and should justify upon that alleged +want taking a bribe, and then make out a bill +of contingent expenses to cover it, would your Lordships +bear this?</p> + +<p>Mr. Hastings has told you that he wanted to borrow +money for his own use, and that he applied to +Rajah Nobkissin, who generously pressed it upon +him as a gift. Rajah Nobkissin is a banian: you<span class='pagenum'><a name="Page_372" id="Page_372">{372}</a></span> +will be astonished to hear of generosity in a banian; +there never was a banian and generosity united together: +but Nobkissin loses his banian qualities at +once, the moment the light of Mr. Hastings's face +beams upon him. "Here," says Mr. Hastings, "I +have prepared bonds for you." "Astonishing! how +can you think of the meanness of bonds? You call +upon me to lend you 34,000<i>l.</i>, and propose bonds? +No, you shall have it: you are the Governor-General, +who have a large and ample salary; but I know +you are a generous man, and I emulate your generosity: +I give you all this money." Nobkissin was +quite shocked at Mr. Hastings's offering him a bond. +My Lords, a Gentoo banian is a person a little lower, +a little more penurious, a little more exacting, a little +more cunning, a little more money-making, than +a Jew. There is not a Jew in the meanest corner of +Duke's Place in London that is so crafty, so much a +usurer, so skilful how to turn money to profit, and so +resolved not to give any money but for profit, as a +Gentoo broker of the class I have mentioned. But this +man, however, at once grows generous, and will not +suffer a bond to be given to him; and Mr. Hastings, +accordingly, is thrown into very great distress. You +see sentiment always prevailing in Mr. Hastings. +The sentimental dialogue which must have passed +between him and a Gentoo broker would have +charmed every one that has a taste for pathos and +sentiment. Mr. Hastings was pressed to receive the +money as a gift. He really does not know what to +do: whether to insist upon giving a bond or not,—whether +he shall take the money for his own use, or +whether he shall take it for the Company's use. But +it may be said of man as it is said of woman: the<span class='pagenum'><a name="Page_373" id="Page_373">{373}</a></span> +woman who deliberates is lost: the man that deliberates +about receiving bribes is gone. The moment he +deliberates, that moment his reason, the fortress, is +lost, the walls shake, down it comes,—and at the +same moment enters Nobkissin into the citadel of his +honor and integrity, with colors flying, with drums +beating, and Mr. Hastings's garrison goes out, very +handsomely indeed, with the honors of war, all for the +benefit of the Company. Mr. Hastings consents to +take the money from Nobkissin; Nobkissin gives the +money, and is perfectly satisfied.</p> + +<p>Mr. Hastings took the money with a view to apply it +to the Company's service. How? To pay his own +contingent bills. "Everything that I do," says he, +"and all the money I squander, is all for the Company's +benefit. As to particulars of accounts, never look +into them; they are given you upon honor. Let me +take this bribe: it costs you nothing to be just or +generous. I take the bribe: you sanctify it." But +in every transaction of Mr. Hastings, where we have +got a name, there we have got a crime. Nobkissin +gave him the money, and did not take his bond, I +believe, for it; but Nobkissin, we find, immediately +afterwards enters upon the stewardship or management +of one of the most considerable districts in Bengal. +We know very well, and shall prove to your +Lordships, in what manner such men rack such districts, +and exact from the inhabitants the money to +repay themselves for the bribes which had been taken +from them. These bribes are taken under a pretence +of the Company's service, but sooner or later they fall +upon the Company's treasury. And we shall prove +that Nobkissin, within a year from the time when he +gave this bribe, had fallen into arrears to the Compa<span class='pagenum'><a name="Page_374" id="Page_374">{374}</a></span>ny, +as their steward, to the amount of a sum the very +interest of which, according to the rate of interest in +that country, amounted to more than this bribe, taken, +as was pretended, for the Company's service. Such +are the consequences of a banian's generosity, and of +Mr. Hastings's gratitude, so far as the interest of the +country is concerned; and this is a good way to pay +Mr. Hastings's contingent accounts. But this is not +all: a most detestable villain is sent up into the country +to take the management of it, and the fortunes of +all the great families in it are given entirely into his +power. This is the way by which the Company are to +keep their own servants from falling into "the extremity +of private want." And the Company itself, +in this pretended saving to their treasury by the taking +of bribes, lose more than the amount of the bribes +received. Wherever a bribe is given on one hand, +there is a balance accruing on the other. No man, +who had any share in the management of the Company's +revenues, ever gave a bribe, who did not either +extort the full amount of it from the country, or else +fall in balance to the Company to that amount, and +frequently both. In short, Mr. Hastings never was +guilty of corruption, that blood and rapine did not +follow; he never took a bribe, pretended to be for +their benefit, but the Company's treasury was proportionably +exhausted by it.</p> + +<p>And now was this scandalous and ruinous traffic +in bribes brought to light by the Court of Directors? +No: we got it in the House of Commons. These +bribes appear to have been taken at various times and +upon various occasions; and it was not till his return +from Patna, in February, 1782, that the first communication +of any of them was made to the Court of Di<span class='pagenum'><a name="Page_375" id="Page_375">{375}</a></span>rectors. +Upon the receipt of this letter, the Court of +Directors wrote back to him, requiring some further +explanation upon the subject. No explanation was +given, but a communication of other bribes was made +in his letter, said to be written in May of the same year, +but not dispatched to Europe till the December following. +This produced another requisition from the +Directors for explanation. And here your Lordships +are to observe that this correspondence is never in the +way of letters written and answers given; but he and +the Directors are perpetually playing at hide-and-seek +with each other, and writing to each other at random: +Mr. Hastings making a communication one day, the +Directors requiring an explanation the next; Mr. +Hastings giving an account of another bribe on the +third day, without giving any explanation of the former. +Still, however, the Directors are pursuing their +chase. But it was not till they learned that the committees +of the House of Commons (for committees of +the House of Commons had then some weight) were +frowning upon them for this collusion with Mr. Hastings, +that at last some honest men in the Direction +were permitted to have some ascendency, and that a +proper letter was prepared, which I shall show your +Lordships, demanding from Mr. Hastings an exact +account of all the bribes that he had received, and +painting to him, in colors as strong at least as those +I use, his bribery, his frauds, and peculations,—and +what does them great honor for that moment, they +particularly direct that the money which was taken +from the Nabob of Oude should be carried to his account. +These paragraphs were prepared by the Committee +of Correspondence, and, as I understand, approved +by the Court of Directors, but never were sent<span class='pagenum'><a name="Page_376" id="Page_376">{376}</a></span> +out to India. However, something was sent, but +miserably weak and lame of its kind; and Mr. Hastings +never answered it, or gave them any explanation +whatever. He now, being prepared for his departure +from Calcutta, and having finished all his other business, +went up to Oude upon a chase in which just now +we cannot follow him. He returned in great disgust +to Calcutta, and soon after set sail for England, without +ever giving the Directors one word of the explanation +which he had so often promised, and they had +repeatedly asked.</p> + +<p>We have now got Mr. Hastings in England, where +you will suppose some satisfactory account of all +these matters would be obtained from him. One +would suppose, that, on his arrival in London, he +would have been a little quickened by a menace, as +he expresses it, which had been thrown out against +him in the House of Commons, that an inquiry would +be made into his conduct; and the Directors, apprehensive +of the same thing, thought it good gently +to insinuate to him by a letter, written by whom and +how we do not know, that he ought to give some explanation +of these accounts. This produced a letter +which I believe in the business of the whole world +cannot be paralleled: not even himself could be his +parallel in this. Never did inventive folly, working +upon conscious guilt, and throwing each other totally +in confusion, ever produce such a false, fraudulent, +prevaricating letter as this, which is now to be given +to you.</p> + +<p>You have seen him at Patna, at Calcutta, in the +country, on the Ganges: now you see him at the +waters at Cheltenham; and you will find his letter +from that place to comprehend the substance of all<span class='pagenum'><a name="Page_377" id="Page_377">{377}</a></span> +his former letters, and to be a digest of all the falsity, +fraud, and nonsense contained in the whole of them. +Here it is, and your Lordships will suffer it to be read. +I must beg your patience; I must acknowledge that +it has been the most difficult of all things to explain, +but much more difficult to make pleasant and +not wearisome, falsity and fraud pursued through all +its artifices; and therefore, as it has been the most +painful work to us to unravel fraud and prevarication, +so there is nothing that more calls for the attention, +the patience, the vigilance, and the scrutiny +of an exact court of justice. But as you have already +had almost the whole of the man, do not think +it too much to hear the rest in this letter from Cheltenham. +It is dated, Cheltenham, 11th of July, +1785, addressed to William Devaynes, Esquire;<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor" title=" See this letter in the Appendix to the Eighth and Sixteenth +Charges, Vol. IX. pp. 319-325, in the present edition.">[8]</a> and +it begins thus:—</p> + +<p>"Sir,—The Honorable Court of Directors, in their +general letter to Bengal by the 'Surprise,' dated the +16th of March, 1784, were pleased to express their +desire that I should inform them of the periods when +each sum of the presents mentioned in my address +of the 22d May, 1782, was received,—what were +my motives for withholding the several receipts from +the knowledge of the Council, or of the Court of +Directors,—and what were my reasons for taking +bonds for part of these sums, and for paying other +sums into the treasury as deposits, on my own account."</p> + +<p>I wish your Lordships to pause a moment. Here +is a letter written in July, 1785. You see that from +the 29th of December [November?], 1780, till that<span class='pagenum'><a name="Page_378" id="Page_378">{378}</a></span> +time, during which interval, though convinced in his +own conscience and though he had declared his own +opinion of the necessity of giving a full explanation +of these money transactions, he had been imposing +upon the Directors false and prevaricating accounts +of them, they were never able to obtain a full disclosure +from him.</p> + +<p>He goes on:—"I have been kindly apprised that +the information required as above is yet expected +from me. I hope that the circumstances of my past +situation, when considered, will plead my excuse for +having thus long withheld it. The fact is, that I +was not at the Presidency when the 'Surprise' arrived; +and when I returned to it, my time and attention +were so entirely engrossed, to the day of my +final departure from it, by a variety of other more +important occupations, of which, Sir, I may safely +appeal to your testimony, grounded on the large portion +contributed by myself of the volumes which +compose our Consultations of that period,"—</p> + +<p>These Consultations, my Lords, to which he appeals, +form matter of one of the charges that the +Commons have brought against Mr. Hastings,—namely, +a fraudulent attempt to ruin certain persons +employed in subordinate situations under him, for +the purpose, by intruding himself into their place, +of secretly carrying on his own transactions. These +volumes of Consultations were written to justify that +act.</p> + +<p>He next says,—"The submission which my respect +would have enjoined me to pay to the command +imposed on me was lost to my recollection, perhaps +from the stronger impression which the first and +distant perusal of it had left on my mind, that it<span class='pagenum'><a name="Page_379" id="Page_379">{379}</a></span> +was rather intended as a reprehension for something +which had given offence in my report of the original +transaction than an expression of any want of a further +elucidation of it."</p> + +<p>Permit me to make a few remarks upon this extraordinary +passage. A letter is written to him, containing +a repetition of the request which had been +made a thousand times before, and with which he +had as often promised to comply. And here he says, +"It was lost to my recollection." Observe his memory: +he can forget the command, but he has an +obscure recollection that he thought it a reprehension +rather than a demand! Now a reprehension +is a stronger mode of demand. When I say to a +servant, "Why have you not given me the account +which I have so often asked for?" is he to answer, +"The reason I have not given it is because I thought +you were railing at and abusing me"?</p> + +<p>He goes on:—"I will now endeavor to reply to the +different questions which have been stated to me, in +as explicit a manner as I am able. To such information +as I can give the Honorable Court is fully +entitled; and where that shall prove defective, I will +point out the only means by which it may be rendered +more complete."</p> + +<p>In order that your Lordships may thoroughly enter +into the spirit of this letter, I must request that +you will observe how handsomely and kindly these +tools of Directors have expressed themselves to him, +and that even their baseness and subserviency to him +were not able to draw from him anything that could +be satisfactory to his enemies: for as to these his +friends, he cares but little about satisfying them, +though they call upon him in consequence of his<span class='pagenum'><a name="Page_380" id="Page_380">{380}</a></span> +own promise; and this he calls a reprehension. They +thus express themselves:—"Although it is not our +intention to express any doubt of the integrity of the +Governor-General,—on the contrary, after having +received the presents, we cannot avoid expressing +our approbation of his conduct in bringing them to +the credit of the Company,—yet we must confess +the statement of those transactions appears to us in +many points so unintelligible, that we feel ourselves +under the necessity of calling on the Governor-General +for an explanation, agreeable to his promise voluntarily +made to us. We therefore desire to be informed +of the different periods when each sum was +received, and what were the Governor-General's motives +for withholding the several receipts from the +knowledge of the Council and of the Court of Directors, +and what were his reasons for taking bonds for +part of these sums and paying other sums into the +treasury as deposits upon his own account." Such +is their demand, and this is what his memory furnishes +as nothing but a reprehension.</p> + +<p>He then proceeds:—"First, I believe I can affirm +with certainty that the several sums mentioned in the +account transmitted with my letter above mentioned +were received at or within a very few days of the +dates which are affixed to them in the account. But +as this contains only the gross sums, and each of +these was received in different payments, though at +no great distance of time, I cannot therefore assign +a great degree of accuracy to the account."—Your +Lordships see, that, after all, he declares he cannot +make his account accurate. He further adds, "Perhaps +the Honorable Court will judge this sufficient"—that +is, this explanation, namely, that he can give<span class='pagenum'><a name="Page_381" id="Page_381">{381}</a></span> +none—"for any purpose to which their inquiry was +directed; but if it should not be so, I will beg leave +to refer, for a more minute information, and for the +means of making any investigation which they may +think it proper to direct, respecting the particulars +of this transaction, to Mr. Larkins, your accountant-general, +who was privy to every process of it, and +possesses, as I believe, the original paper, which contained +the only account that I ever kept of it."</p> + +<p>Here is a man who of his bribe accounts cannot +give an account in the country where they are carried +on. When you call upon him in Bengal, he +cannot give the account, because he is in Bengal; +when he comes to England, he cannot give the account +here, because his accounts are left in Bengal. +Again, he keeps no accounts himself, but his accounts +are in Bengal, in the hands of somebody +else: to him he refers, and we shall see what that +reference produced.</p> + +<p>"In this, each receipt was, as I recollect, specifically +inserted, with the name of the person by whom +it was made; and I shall write to him to desire that +he will furnish you with the paper itself, if it is still +in being and in his hands, or with whatever he can +distinctly recollect concerning it."—Here are accounts +kept for the Company, and yet he does not +know whether they are in existence anywhere.</p> + +<p>"For my motives for withholding the several receipts +from the knowledge of the Council or of the +Court of Directors, and for taking bonds for part of +these sums, and paying others into the treasury as +deposits on my own account, I have generally accounted +in my letter to the Honorable the Court +of Directors of the 22d of May, 1782,—namely, that<span class='pagenum'><a name="Page_382" id="Page_382">{382}</a></span> +I either chose to conceal the first receipts from public +curiosity by receiving bonds for the amount, or +possibly acted without any studied design which my +memory at that distance of time could verify, and +that I did not think it worth my care to observe +the same means with the rest. It will not be expected +that I should be able to give a more correct +explanation of my intentions after a lapse of three +years, having declared at the time that many particulars +had escaped my remembrance; neither shall +I attempt to add more than the clearer affirmation +of the facts implied in that report of them, and such +inferences as necessarily or with a strong probability +follow them."</p> + +<p>You have heard of that Oriental figure called, in +the banian language, a <i>painche</i>, in English, a <i>screw</i>. +It is a puzzled and studied involution of a period, +framed in order to prevent the discovery of truth and +the detection of fraud; and surely it cannot be better +exemplified than in this sentence: "Neither shall +I attempt to add more than the clearer affirmation +of the facts implied in that report of them, and such +inferences as necessarily or with a strong probability +follow them." Observe, that he says, not <i>facts stated</i>, +but <i>facts implied in the report</i>. And of what was +this to be a report? Of things which the Directors +declared they did not understand. And then the inferences +which are to follow these implied facts are +to follow them—But how? <i>With a strong probability</i>. +If you have a mind to study this Oriental +figure of rhetoric, the <i>painche</i>, here it is for you in +its most complete perfection. No rhetorician ever +gave an example of any figure of oratory that can +match this.<span class='pagenum'><a name="Page_383" id="Page_383">{383}</a></span></p> + +<p>But let us endeavor to unravel the whole passage. +First he states, that, in May, 1782, he had +forgotten his motives for falsifying the Company's +accounts; but he affirms the facts contained in the +report, and afterwards, very rationally, draws such +inferences as necessarily or with a strong probability +follow them. And if I understand it at all, which +God knows I no more pretend to do than Don Quixote +did those sentences of lovers in romance-writers +of which he said it made him run mad to attempt +to discover the meaning, the inference is, "Why do +you call upon me for accounts now, three years after +the time when I could not give you them? I +cannot give them you. And as to the papers relating +to them, I do not know whether they exist; and +if they do, perhaps you may learn something from +them, perhaps you may not: I will write to Mr. Larkins +for those papers, if you please." Now, comparing +this with his other accounts, you will see what a +monstrous scheme he has laid of fraud and concealment +to cover his peculation. He tells them,—"I +have said that the three first sums of the account were +paid into the Company's treasury without passing +through my hands. The second of these was forced +into notice by its destination and application to the +expense of a detachment which was formed and employed +against Mahdajee Sindia, under the command +of Lieutenant-Colonel Camac, as I particularly apprised +the Court of Directors in my letter of the +29th December [November?], 1780." He does not +yet tell the Directors from whom he received it: we +have found it out by other collateral means.—"The +other two were certainly not intended, when I received +them, to be made public, though intended for<span class='pagenum'><a name="Page_384" id="Page_384">{384}</a></span> +public service, and actually applied to it. The exigencies +of government were at that time my own, +and every pressure upon it rested with its full weight +upon my mind. Wherever I could find allowable +means of relieving those wants, I eagerly seized +them."—Allowable means of receiving bribes! for +such I shall prove them to be in the particular instances.—"But +neither could it occur to me as necessary +to state on our Proceedings every little aid +that I could thus procure; nor do I know how I could +have stated it without appearing to court favor by +an ostentation which I disdained, nor without the +chance of exciting the jealousy of my colleagues by +the constructive assertion of a separate and unparticipated +merit, derived from the influence of my station, +to which they might have had an equal claim."</p> + +<p>Now we see, that, after hammering his brains for +many years, he does find out his motive, which he +could not verify at the time,—namely, that, if he let +his colleagues know that he was receiving bribes, and +gaining the glory of receiving them, they might take +it into their heads likewise to have their share in the +same glory, as they were joined in the same commission, +enjoyed the same powers, and were subject to +the same restrictions. It was, indeed, scandalous +in Mr. Hastings, not behaving like a good, fair colleague +in office, not to let them know that he was +going on in this career of receiving bribes, and to deprive +them of their share in the glory of it: but they +were grovelling creatures, who thought that keeping +clean hands was some virtue.—"Well, but you have +applied some of these bribes to your own benefit: +why did you give no account of those bribes?" "I +did not," he says, "because it might have excited the<span class='pagenum'><a name="Page_385" id="Page_385">{385}</a></span> +envy of my colleagues." To be sure, if he was receiving +bribes for his own benefit, and they not receiving +such bribes, and if they had a liking to that +kind of traffic, it is a good ground of envy, that a +matter which ought to be in common among them +should be confined to Mr. Hastings, and he therefore +did well to conceal it; and on the other hand, if we +suppose him to have taken them, as he pretends, for +the Company's use, in order not to excite a jealousy +in his colleagues for being left out of this meritorious +service, to which they had an equal claim, he did +well to take bonds for what ought to be brought to +the Company's account. These are reasons applicable +to his colleagues, who sat with him at the same +board,—Mr. Macpherson, Mr. Stables, Mr. Wheler, +General Clavering, Colonel Monson, and Mr. Francis: +he was afraid of exciting their envy or their jealousy.</p> + +<p>You will next see another reason, and an extraordinary +one it is, which he gives for concealing these +bribes from his inferiors. But I must first tell your +Lordships, what, till the proof is brought before you, +you will take on credit,—indeed, it is on his credit,—that, +when he formed the Committee of Revenue, +he bound them by a solemn oath, "not, under any +name or pretence whatever, to take from any zemindar, +farmer, person concerned in the revenue, or any +other, any gift, gratuity, allowance, or reward whatever, +or anything beyond their salary"; and this is +the oath to which he alludes. Now his reason for +concealing his bribes from his inferiors, this Committee, +under these false and fraudulent bonds, he +states thus:—"I should have deemed it particularly +dishonorable to receive for my own use money tendered +by men of a certain class, from whom I had<span class='pagenum'><a name="Page_386" id="Page_386">{386}</a></span> +interdicted the receipt of presents to my inferiors, +and bound them by oath not to receive them: I was +therefore more than ordinarily cautious to avoid the +suspicion of it, which would scarcely have failed to +light upon me, had I suffered the money to be +brought to my own house, or that of any person +known to be in trust for me."</p> + +<p>My Lords, here he comes before you, avowing that +he knew the practice of taking money from these people +was a thing dishonorable in itself. "I should +have deemed it particularly dishonorable to receive +for my own use money tendered by men of a certain +class, from whom I had interdicted the receipt of +presents to my inferiors, and bound them by oath not +to receive them." He held it particularly dishonorable +to receive them; he had bound others by an oath +not to receive them: but he received them himself; +and why does he conceal it? "Why, because," says +he, "if the suspicion came upon me, the dishonor +would fall upon my pate." Why did he, by an oath, +bind his inferiors not to take these bribes? "Why, +because it was base and dishonorable so to do; and +because it would be mischievous and ruinous to the +Company's affairs to suffer them to take bribes." +Why, then, did he take them himself? It was ten +times more ruinous, that he, who was at the head of +the Company's government, and had bound up others +so strictly, should practise the same himself; and +"therefore," says he, "I was more than ordinarily +cautious." What! to avoid it? "No; to carry it +on in so clandestine and private a manner as might +secure me from the suspicion of that which I know +to be detestable, and bound others up from practising."<span class='pagenum'><a name="Page_387" id="Page_387">{387}</a></span></p> + +<p>We shall prove that the kind of men from whom +he interdicted his Committee to receive bribes were +the identical men from whom he received them himself. +If it was good for him, it was good for them +to be permitted these means of extorting; and if it +ought at all to be practised, they ought to be admitted +to extort for the good of the Company. Rajah +Nobkissin was one of the men from whom he interdicted +them to receive bribes, and from whom he received +a bribe for his own use. But he says he concealed +it from them, because he thought great mischief +might happen even from their suspicion of it, +and lest they should thereby be inclined themselves +to practise it, and to break their oaths.</p> + +<p>You take it, then, for granted that he really concealed +it from them? No such thing. His principal +confidant in receiving these bribes was Mr. Croftes, +who was a principal person in this Board of Revenue, +and whom he had made to swear not to take bribes: +he is the confidant, and the very receiver, as we shall +prove to your Lordships. What will your Lordships +think of his affirming and averring a direct falsehood, +that he did it to conceal it from these men, +when one of them was his principal confidant and +agent in the transaction? What will you think of +his being more than ordinarily cautious to avoid the +suspicion of it? He ought to have avoided the +crime, and the suspicion would take care of itself.</p> + +<p>"For these reasons," he says, "I caused it to be +transported immediately to the treasury. There I +well knew, Sir, it could not be received, without +being passed to some credit; and this could only be +done by entering it as a loan or as a deposit. The +first was the least liable to reflection, and therefore<span class='pagenum'><a name="Page_388" id="Page_388">{388}</a></span> +I had obviously recourse to it. Why the second +sum was entered as a deposit I am utterly ignorant. +Possibly it was done without any special direction +from me; possibly because it was the simplest mode +of entry, and therefore preferred, as the transaction +itself did not require concealment, having been already +avowed."</p> + +<p>My Lords, in fact, every word of this is either false +or groundless: it is completely fallacious in every +part. The first sum, he says, was entered as a loan, +the second as a deposit. Why was this done? Because, +when you enter moneys of this kind, you must +enter them under some name, some head of account; +"and I entered them," he says, "under these, because +otherwise there was no entering them at all." +Is this true? Will he stick to this? I shall desire to +know from his learned counsel, some time or other, +whether that is a point he will take issue upon. Your +Lordships will see there were other bribes of his which +he brought under a regular official head, namely, +<i>durbar charges</i>; and there is no reason why he should +not have brought these under the same head. Therefore +what he says, that there is no other way of entering +them but as loans and deposits, is not true. +He next says, that in the second sum there was no +reason for concealment, because it was avowed. +But that false deposit was as much concealment as +the false loan, for he entered that money as his +own; whereas, when he had a mind to carry any +money to the Company's account, he knew how to +do it, for he had been accustomed to enter it under +a general name, called durbar charges,—a name +which, in its extent at least, was very much his +own invention, and which, as he gives no account<span class='pagenum'><a name="Page_389" id="Page_389">{389}</a></span> +of those charges, is as large and sufficient to cover +any fraudulent expenditure in the account as, one +would think, any person could wish. You see him, +then, first guessing one thing, then another,—first +giving this reason, then another; at last, however, +he seems to be satisfied that he has hit upon the +true reason of his conduct.</p> + +<p>Now let us open the next paragraph, and see what +it is.—"Although I am firmly persuaded that these +were my sentiments on the occasion, yet I will not affirm +that they were. Though I feel their impression +as the remains of a series of thoughts retained on +my memory, I am not certain that they may not +have been produced by subsequent reflection on the +principal fact, combining with it the probable motives +of it. Of this I am certain, that it was my +design originally to have concealed the receipt of all +the sums, except the second, even from the knowledge +of the Court of Directors. They had answered +my purpose of public utility, and I had almost dismissed +them from my remembrance."</p> + +<p>My Lords, you will observe in this most astonishing +account which he gives here, that several of these +sums he meant to conceal forever, even from the +knowledge of the Directors. Look back to his letter +of 22d May, 1782, and his letter of the 16th of +December, and in them he tells you that he might +have concealed them, but that he was resolved not to +conceal them; that he thought it highly dishonorable +so to do; that his conscience would have been +wounded, if he had done it; and that he was afraid +it would be thought that this discovery was brought +from him in consequence of the Parliamentary inquiries. +Here he says of a discovery which he values<span class='pagenum'><a name="Page_390" id="Page_390">{390}</a></span> +himself upon making voluntarily, that he is afraid it +should be attributed to arise from motives of fear. +Now, at last, he tells you, from Cheltenham, at a time +when he had just cause to dread the strict account to +which he is called this day, first, that he cannot tell +whether any one motive which he assigns, either in +this letter or in the former, were his real motive or +not; that he does not know whether he has not invented +them since, in consequence of a train of meditation +upon what he might have done or might +have said; and, lastly, he says, contrary to all his +former declarations, "that he had never meant nor +could give the Directors the least notice of them at +all, as they had answered his purpose, and he had dismissed +them from his remembrance." "I intended," +he says, "always to keep them secret, though I +have declared to you solemnly, over and over again, +that I did not. I do not care how you discovered +them; I have forgotten them; I have dismissed them +from my remembrance." Is this the way in which +money is to be received and accounted for?</p> + +<p>He then proceeds thus:—"But when fortune threw +a sum of money in my way of a magnitude which +could not be concealed, and the peculiar delicacy of +my situation at the time I received it made me more +circumspect of appearances, I chose to apprise my +employers of it, which I did hastily and generally: +hastily, perhaps, to prevent the vigilance and activity +of secret calumny; and generally, because I knew +not the exact amount of which I was in the receipt, +but not in the full possession. I promised to acquaint +them with the result as soon as I should be +in possession of it; and, in the performance of my +promise, I thought it consistent with it to add to<span class='pagenum'><a name="Page_391" id="Page_391">{391}</a></span> +the amount all the former appropriations of the same +kind: my good genius then suggesting to me, with +a spirit of caution which might have spared me the +trouble of this apology, had I universally attended +to it, that, if I had suppressed them, and they were +afterwards known, I might be asked what were my +motives for withholding a part of these receipts from +the knowledge of the Court of Directors and informing +them of the rest, it being my wish to clear up +every doubt."</p> + +<p>I am almost ashamed to remark upon the tergiversations +and prevarications perpetually ringing the +changes in this declaration. He would not have discovered +this hundred thousand pounds, if he could +have concealed it: he would have discovered it, lest +malicious persons should be telling tales of it. He +has a system of concealment: he never discovers +anything, but when he thinks it can be forced from +him. He says, indeed, "I could conceal these things +forever, but my conscience would not give me leave": +but it is guilt, and not honesty of conscience, that +always prompts him. At one time it is the malice +of people and the fear of misrepresentation which induced +him to make the disclosure; and he values +himself on the precaution which this fear had suggested +to him. At another time it is the magnitude +of the sum which produced this effect: nothing but +the impossibility of concealing it could possibly have +made him discover it. This hundred thousand pounds +he declares he would have concealed, if he could; and +yet he values himself upon the discovery of it. Oh, +my Lords, I am afraid that sums of much greater magnitude +have not been discovered at all! Your Lordships +now see some of the artifices of this letter. You<span class='pagenum'><a name="Page_392" id="Page_392">{392}</a></span> +see the variety of styles he adopts, and how he turns +himself into every shape and every form. But, after +all, do you find any clear discovery? do you find any +satisfactory answer to the Directors' letter? does he +once tell you from whom he received the money? does +he tell you for what he received it, what the circumstances +of the persons giving it were, or any explanation +whatever of his mode of accounting for it? +No: and here, at last, after so many years' litigation, +he is called to account for his prevaricating, false accounts +in Calcutta, and cannot give them to you.</p> + +<p>His explanation of his conduct relative to the bonds +now only remains for your Lordships' consideration. +Before he left Calcutta, in July, 1784 [1781?], he +says, when he was going upon a service which he +thought a service of danger, he indorsed the false +bonds which he had taken from the Company, declaring +them to be none of his. You will observe +that these bonds had been in his hands from the 9th +or 15th of January (I am not quite sure of the exact +date) to the day when he went upon this service, some +time in the month of July, 1784 [1781?]. This service +he had formerly declared he did not apprehend +to be a service of danger; but he found it to be so +after: it was in anticipation of that danger that he +made this attestation and certificate upon the bonds. +But who ever saw them? Mr. Larkins saw them, says +he: "I gave them Mr. Larkins." We will show you +hereafter that Mr. Larkins deserves no credit in this +business,—that honor binds him not to discover the +secrets of Mr. Hastings. But why did he not deliver +them up entirely, when he was going upon that +service? for all pretence of concealment in the business +was now at an end, as we shall prove. Why<span class='pagenum'><a name="Page_393" id="Page_393">{393}</a></span> +did he not cancel these bonds? Why keep them at +all? Why not enter truly the state of the account +in the Company's records? "But I indorsed them," +he says. "Did you deliver them so indorsed into +the treasury?" "No, I delivered them indorsed into +the hands of my bribe-broker and agent." "But +why not destroy them, or give them up to the Company, +and say you were paid, which would have been +the only truth in this transaction? Why did you +not indorse them before? Why not, during the long +period of so many years, cancel them?" No, he +kept them to the very day when he was going from +Calcutta, and had made a declaration that they were +not his. Never before, upon any account, had they +appeared; and though the Committee of the House +of Commons, in the Eleventh Report, had remarked +upon all these scandalous proceedings and prevarications, +yet he was not stimulated, even then, to give +up these bonds. He held them in his hands till the +time when he was preparing for his departure from +Calcutta, in spite of the Directors, in spite of the +Parliament, in spite of the cries of his own conscience, +in a matter which was now grown public, +and would knock doubly upon his reputation and +conduct. He then declares they are not for his own +use, but for the Company's service. But were they +then cancelled? I do not find a trace of their being +cancelled. In this letter of the 17th of January, +1785, he says with regard to these bonds, "The following +sums were paid into the treasury, and bonds +granted for the same in the name of the Governor-General, +in whose possession the bonds remain, with +a declaration upon each, indorsed and signed by him, +that he has no claim on the Company for the amount<span class='pagenum'><a name="Page_394" id="Page_394">{394}</a></span> +either of principal or interest, no part of the latter +having been received."</p> + +<p>To the account of the 22d of May, of the indorsement, +is added the declaration upon oath. But why +any man need to declare upon oath that the money +which he has fraudulently taken and concealed from +another person is not his is the most extraordinary +thing in the world. If he had a mind to have it +placed to his credit as his own, then an oath would +be necessary; but in this case any one would believe +him upon his word. He comes, however, and says, +"This is indorsed upon oath." Oath! before what +magistrate? In whose possession were the bonds? +Were they given up? There is no trace of that upon +the record, and it stands for him to prove that they +were ever given up, and in any hands but Mr. Larkins's +and his own. So here are the bonds, begun in +obscurity and ending in obscurity, ashes to ashes, dust +to dust, corruption to corruption, and fraud to fraud. +This is all we see of these bonds, till Mr. Larkins, to +whom he writes some letter concerning them which +does not appear, is called to read a funeral sermon +over them.</p> + +<hr style="width: 45%;" /> + +<p>My Lords, I am come now near the period of this +class of Mr. Hastings's bribes. I am a little exhausted. +There are many circumstances that might +make me wish not to delay this business by taking +up another day at your Lordships' bar, in order to +go through this long, intricate scene of corruption. +But my strength now fails me. I hope within a very +short time, to-morrow or the next court-day, to finish +it, and to go directly into evidence, as I long much to +do, to substantiate the charge; but it was necessary<span class='pagenum'><a name="Page_395" id="Page_395">{395}</a></span> +that the evidence should be explained. You have +heard as much of the drama as I could go through: +bear with my weakness a little: Mr. Larkins's letter +will be the epilogue to it. I have already incurred +the censure of the prisoner; I mean to increase it, by +bringing home to him the proof of his crimes, and to +display them in all their force and turpitude. It is +my duty to do it; I feel it an obligation nearest to +my heart.</p> + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> See this letter in the Appendix to the Eighth and Sixteenth +Charges, Vol. IX. pp. 319-325, in the present edition.</p></div> +</div> +<p><span class='pagenum'><a name="Page_396" id="Page_396">{396}</a></span></p> + +<hr style="width: 65%;" /> +<p><a name="FOURTH_DAY_THURSDAY_MAY_7_1789" id="FOURTH_DAY_THURSDAY_MAY_7_1789"></a></p> +<h2>SPEECH<br /> +<br /> +<span style="font-size: 50%;">ON</span><br /> +<br /> +THE SIXTH ARTICLE OF CHARGE.<br /> +<br /> +<span style="font-size: 50%;">FOURTH DAY: THURSDAY, MAY 7, 1789.</span></h2> + + +<p>My Lords,—When I had the honor last to +address you from this place, I endeavored to +press this position upon your minds, and to fortify it +by the example of the proceedings of Mr. Hastings,—that +obscurity and inaccuracies in a matter of +account constituted a just presumption of fraud. I +showed, from his own letters, that his accounts were +confused and inaccurate. I am ready, my Lords, to +admit that there are situations in which a minister +in high office may use concealment: it may be his duty +to use concealment from the enemies of his masters; +it may be prudent to use concealment from his +inferiors in the service. It will always be suspicious +to use concealment from his colleagues and coördinates +in office; but when, in a money transaction, +any man uses concealment with regard to them to +whom the money belongs, he is guilty of a fraud. +My Lords, I have shown you that Mr. Hastings kept +no account, by his own confession, of the moneys that +he had privately taken, as he pretends, for the Company's +service, and we have but too much reason to +presume for his own. We have shown you, my +Lords, that he has not only no accounts, but no +memory; we have shown that he does not even un<span class='pagenum'><a name="Page_397" id="Page_397">{397}</a></span>derstand +his own motives; that, when called upon to +recollect them, he begs to guess at them; and that as +his memory is to be supplied by his guess, so he has +no confidence in his guesses. He at first finds, after +a lapse of about a year and a half, or somewhat less, +that he cannot recollect what his motives were to +certain actions which upon the very face of them appeared +fraudulent. He is called to an account some +years after, to explain what they were, and he makes +a just reflection upon it,—namely, that, as his memory +did not enable him to find out his own motive at +the former time, it is not to be expected that it would +be clearer a year after. Your Lordships will, however, +recollect, that in the Cheltenham letter, which +is made of no perishable stuff, he begins again to +guess; but after he has guessed and guessed again, +and after he has gone through all the motives he can +possibly assign for the action, he tells you he does +not know whether those were his real motives, or +whether he has not invented them since.</p> + +<p>In that situation the accounts of the Company were +left with regard to very great sums which passed +through Mr. Hastings's hands, and for which he, instead +of giving his masters credit, took credit to himself, +and, being their debtor, as he confesses himself +to be at that time, took a security for that debt as if +he had been their creditor. This required explanation. +Explanation he was called upon for, over and +over again; explanation he did not give, and declared +he could not give. He was called upon for +it when in India: he had not leisure to attend to it +there. He was called upon for it when in Europe: +he then says he must send for it to India. With much +prevarication, and much insolence too, he confesses<span class='pagenum'><a name="Page_398" id="Page_398">{398}</a></span> +himself guilty of falsifying the Company's accounts +by making himself their creditor when he was their +debtor, and giving false accounts of this false transaction. +The Court of Directors was slow to believe +him guilty; Parliament expressed a strong suspicion +of his guilt, and wished for further information. Mr. +Hastings about this time began to imagine his conscience +to be a faithful and true monitor,—which it +were well he had attended to upon many occasions, as +it would have saved him his appearance here,—and +it told him that he was in great danger from the Parliamentary +inquiries that were going on. It was now +to be expected that he would have been in haste to +fulfil the promise which he had made in the Patna +letter of the 20th of January, 1782; and accordingly +we find that about this time his first agent, Major +Fairfax, was sent over to Europe, which agent entered +himself at the India House, and appeared before +the Committee of the House of Commons, as an +agent expressly sent over to explain whatever might +appear doubtful in his conduct. Major Fairfax, notwithstanding +the character in which Mr. Hastings +employed him, appeared to be but a letter-carrier: +he had nothing to say: he gave them no information +in the India House at all: to the Committee (I can +speak with the clearness of a witness) he gave no +satisfaction whatever. However, this agent vanished +in a moment, in order to make way for another, more +substantial, more efficient agent,—an agent perfectly +known in this country,—an agent known by the name +given to him by Mr. Hastings, who, like the princes +of the East, gives titles: he calls him an incomparable +agent; and by that name he is very well known +to your Lordships and the world. This agent, Major<span class='pagenum'><a name="Page_399" id="Page_399">{399}</a></span> +Scott, who I believe was here prior to the time of +Major Fairfax's arrival in the character of an agent, +and for the very same purposes, was called before the +Committee, and examined, point by point, article by +article, upon all that obscure enumeration of bribes +which the Court of Directors declare they did not +understand; but he declared that he could speak +nothing with regard to any of these transactions, and +that he had got no instructions to explain any part +of them. There was but one circumstance which in +the course of his examination we drew from him,—namely, +that one of these articles, entered in the account +of the 22d of May as a deposit, had been received +from Mr. Hastings as a bribe from Cheyt Sing. +He produced an extract of a letter relative to it, which +your Lordships in the course of this trial may see, and +which will lead us into a further and more minute +inquiry on that head; but when that committee made +their report in 1783, not one single article had been +explained to Parliament, not one explained to the +Company, except this bribe of Cheyt Sing, which Mr. +Hastings had never thought proper to communicate +to the East India Company, either by himself, nor, +as far as we could find out, by his agent; nor was +it at last otherwise discovered than as it was drawn +out from him by a long examination in the Committee +of the House of Commons. And thus, notwithstanding +the letters he had written and the agents he employed, +he seemed absolutely and firmly resolved to +give his employers no satisfaction at all. What is +curious in this proceeding is, that Mr. Hastings, all +the time he conceals, endeavors to get himself the +credit of a discovery. Your Lordships have seen +what his discovery is; but Mr. Hastings, among his<span class='pagenum'><a name="Page_400" id="Page_400">{400}</a></span> +other very extraordinary acquisitions, has found an +effectual method of concealment through discovery. +I will venture to say, that, whatever suspicions there +might have been of Mr. Hastings's bribes, there was +more effectual concealment in regard to every circumstance +respecting them in that discovery than if he +had kept a total silence. Other means of discovery +might have been found, but this, standing in the way, +prevented the employment of those means.</p> + +<p>Things continued in this state till the time of the +letter from Cheltenham. The Cheltenham letter declared +that Mr. Hastings knew nothing of the matter,—that +he had brought with him no accounts to +England upon the subject; and though it appears by +this very letter that he had with him at Cheltenham +(if he wrote the letter at Cheltenham) a great deal +of his other correspondence, that he had his letter of +the 22d of May with him, yet any account that could +elucidate that letter he declared that he had not; but +he hinted that a Mr. Larkins, in India, whom your +Lordships will be better acquainted with, was perfectly +apprised of all that transaction. Your Lordships will +observe that Mr. Hastings has all his faculties, some +way or other, in deposit: one person can speak to his +motives; another knows his fortune better than himself; +to others he commits the sentimental parts of +his defence; to Mr. Larkins he commits his memory. +We shall see what a trustee of memory Mr. Larkins is, +and how far he answers the purpose which might be +expected, when appealed to by a man who has no memory +himself, or who has left it on the other side of the +water, and who leaves it to another to explain for him +accounts which he ought to have kept himself, and +circumstances which ought to be deposited in his own +memory.<span class='pagenum'><a name="Page_401" id="Page_401">{401}</a></span></p> + +<p>This Cheltenham letter, I believe, originally became +known, as far as I can recollect, to the House +of Commons, upon a motion of Mr. Hastings's own +agent: I do not like to be positive upon that point, +but I think that was the first appearance of it. It +appeared likewise in public: for it was thought so +extraordinary and laborious a performance, by the +writer or his friends, (as indeed it is,) that it might +serve to open a new source of eloquence in the kingdom, +and consequently was printed, I believe, at the +desire of the parties themselves. But however it became +known, it raised an extreme curiosity in the public +to hear, when Mr. Hastings could say nothing, after +so many years, of his own concerns and his own +affairs, what satisfaction Mr. Larkins at last would +give concerning them. This letter was directed to +Mr. Devaynes, Chairman of the Court of Directors. +It does not appear that the Court of Directors wrote +anything to India in consequence of it, or that they directed +this satisfactory account of the business should +be given them; but some private communications +passed between Mr. Hastings, or his agents, and Mr. +Larkins. There was a general expectation upon this +occasion, I believe, in the House of Commons and in +the nation at large, to know what would become of +the portentous inquiry. Mr. Hastings has always contrived +to have half the globe between question and +answer: when he was in India, the question went to +him, and then he adjourned his answer till he came +to England; and when he came to England, it was +necessary his answer should arrive from India; so +that there is no manner of doubt that all time was +given for digesting, comparing, collating, and making +up a perfect memory upon the occasion.<span class='pagenum'><a name="Page_402" id="Page_402">{402}</a></span></p> + +<p>But, my Lords, Mr. Larkins, who has in custody +Mr. Hastings's memory, no small part of his conscience, +and all his accounts, did, at last, in compliance +with Mr. Hastings's desire, think proper to send +an account. Then, at last, we may expect light. +Where are we to look for accounts, but from an +accountant-general? Where are they to be met with, +unless from him? And accordingly, in that night of +perplexity into which Mr. Hastings's correspondence +had plunged them, men looked up to the dawning of +the day which was to follow that star, the little Lucifer, +which with his lamp was to dispel the shades +of night, and give us some sort of light into this +dark, mysterious transaction. At last the little lamp +appeared, and was laid on the table of this House of +Commons, on the motion of Mr. Hastings's friends: for +we did not know of its arrival. It arrives, with all +the intelligence, all the memory, accuracy, and clearness +which Mr. Larkins can furnish for Mr. Hastings +upon a business that before was nothing but mystery +and confusion. The account is called,—</p> + +<p><i>"Copy of the particulars of the dates on which the +component parts of sundry sums included in the account +of sums received on the account of the Honorable +Company by the Governor-General, or paid to +their Treasury by his order, and applied to their service, +were received for Mr. Hastings, and paid to the +Sub-Treasurer."</i></p> + +<p>The letter from Mr. Larkins consisted of two parts: +first, what was so much wanted, an account; next, +what was wanted most of all to such an account as +he sent, a comment and explanation. The account +consisted of two members: one gave an account of several +detached bribes that Mr. Hastings had received<span class='pagenum'><a name="Page_403" id="Page_403">{403}</a></span> +within the course of about a year and a half; and the +other, of a great bribe which he had received in one +gross sum of one hundred thousand pounds from the +Nabob of Oude. It appeared to us, upon looking into +these accounts, that there was some geography, a little +bad chronology, but nothing else in the first: neither +the persons who took the money, nor the persons +from whom it was taken, nor the ends for which it +was given, nor any other circumstances are mentioned.</p> + +<p>The first thing we saw was <i>Dinagepore</i>. I believe +you know this piece of geography,—that it is one of +the provinces of the kingdom of Bengal. We then +have a long series of months, with a number of sums +added to them; and in the end it is said, that on +the 18th and 19th of Asin, (meaning part of September +and part of October,) were paid to Mr. Croftes +two lac of rupees; and then remains one lac, which +was taken from a sum of three lac six thousand nine +hundred and seventy-three rupees. After we had +waited for Mr. Hastings's own account, after it had +been pursued through a series of correspondence in +vain, after his agents had come to England to explain +it, this is the explanation that your Lordships have got +of this first article, Dinagepore. Not the person paid +to, not the person paying, are mentioned, nor any +other circumstance, except the signature, <i>G.G.S.</i>: +this might serve for <i>George Gilbert Sanders</i>, or any +other name you please; and seeing <i>Croftes</i> above +it, you might imagine it was an Englishman. And +this, which I call a geographical and a chronological +account, is the only account we have. Mr. Larkins, +upon the mere face of the account, sadly disappoints +us; and I will venture to say that in matters of ac<span class='pagenum'><a name="Page_404" id="Page_404">{404}</a></span>count +Bengal book-keeping is as remote from good +book-keeping as the Bengal <i>painches</i> are remote from +all the rules of good composition. We have, however, +got some light: namely, that one G.G.S. has +paid some money to Mr. Croftes for some purpose, +but from whom we know not, nor where; that there +is a place called Dinagepore; and that Mr. Hastings +received some money from somebody in Dinagepore.</p> + +<p>The next article is <i>Patna</i>. Your Lordships are +not so ill acquainted with the geography of India as +not to know that there is such a place as Patna, nor +so ill acquainted with the chronology of it as not to +know that there are three months called Baisakh, +Asin, Chait. Here was paid to Mr. Croftes two lac +of rupees, and there was left a balance of about +two more. But though you learn with regard to the +province of Dinagepore that there is a balance to be +discharged by G.G.S., yet with regard to Patna +we have not even a G.G.S.: we have no sort of +light whatever to know through whose hands the +money passed, nor any glimpse of light whatever respecting +it.</p> + +<p>You may expect to be made amends in the other +province, called <i>Nuddea</i>, where Mr. Hastings had +received a considerable sum of money. There is +the very same darkness: not a word from whom +received, by whom received, or any other circumstance, +but that it was paid into the hands of Mr. +Hastings's <i>white banian</i>, as he was commonly called +in that country, into the hands of Mr. Croftes, who +is his white agent in receiving bribes: for he was +very far from having but one.</p> + +<p>After all this inquiry, after so many severe animadversions +from the House of Commons, after all<span class='pagenum'><a name="Page_405" id="Page_405">{405}</a></span> +those reiterated letters from the Directors, after an +application to Mr. Hastings himself, when you are +hunting to get at some explanation of the proceedings +mentioned in the letter of the month of May, +1782, you receive here by Mr. Larkins's letter, which +is dated the 5th of August, 1786, this account, +which, to be sure, gives an amazing light into this +business: it is a letter for which it was worth sending +to Bengal, worth waiting for with all that anxious +expectation with which men wait for great +events. Upon the face of the account there is not +one single word which can tend to illustrate the +matter: he sums up the whole, and makes out that +there was received five lac and fifty thousand rupees, +that is to say, 55,000<i>l.</i>, out of the sum of nine lac +and fifty thousand engaged to be paid: namely,—</p> + +<div class='ctr'> +<table border="0" cellpadding="4" cellspacing="0" summary=""> +<tr><td align='left'>From Dinagepore</td><td align='right'>4,00,000</td></tr> +<tr><td align='left'>From Nuddea</td><td align='right'>1,50,000</td></tr> +<tr><td align='left'>And from Patna</td><td align='right'>4,00,000</td></tr> +<tr><td align='left'></td><td align='right' class="bt bb">9,50,000</td></tr> +<tr><td align='right'>Or</td><td align='right' class="bb">£95,000</td></tr> +</table></div> + + +<p>Now you have got full light! <i>Cabooleat</i> signifies a +contract, or an agreement; and this agreement was, +to pay Mr. Hastings, as one should think, certain sums +of money,—it does not say from whom, but only that +such a sum of money was paid, and that there remains +such a balance. When you come and compare the +money received by Mr. Croftes with these cabooleats, +you find that the cabooleats amount to 95,000<i>l.</i>, and +that the receipt has been about 55,000<i>l.</i>, and that upon +the face of this account there is 40,000<i>l.</i> somewhere<span class='pagenum'><a name="Page_406" id="Page_406">{406}</a></span> +or other unaccounted for. There never was such a +mode of account-keeping, except in the new system of +this bribe exchequer.</p> + +<p>Your Lordships will now see, from this luminous, +satisfactory, and clear account, which could come from +no other than a great accountant and a great financier, +establishing some new system of finance, and recommending +it to the world as superior to those old-fashioned +foolish establishments, the Exchequer and Bank +of England, what lights are received from Mr. Hastings.</p> + +<p>However, it does so happen that from these obscure +hints we have been able to institute examinations +which have discovered such a mass of fraud, guilt, +corruption, and oppression as probably never before +existed since the beginning of the world; and in that +darkness we hope and trust the diligence and zeal of +the House of Commons will find light sufficient to +make a full discovery of his base crimes. We hope +and trust, that, after all his concealments, and though +he appear resolved to die in the last dike of prevarication, +all his artifices will not be able to secure him +from the siege which the diligence of the House of +Commons has laid to his corruptions.</p> + +<p>Your Lordships will remark, in a paragraph, which, +though it stands last, is the first in principle, in Mr. Larkins's +letter, that, having before given his comment, he +perorates, as is natural upon such an occasion. This +peroration, as is usual in perorations, is in favor of the +parties speaking it, and <i>ad conciliandum auditorem</i>. +"Conscious," he says, "that the concern which I have +had in these transactions needs neither an apology nor +an excuse,"—that is rather extraordinary, too!—"and +that I have in no action of my life sacrificed the<span class='pagenum'><a name="Page_407" id="Page_407">{407}</a></span> +duty and fidelity which I owed to my honorable employers +either to the regard which I felt for another +or to the advancement of my own fortune, I shall conclude +this address, firmly relying upon the candor of +those before whom it may be submitted for its being +deemed a satisfactory as well as a circumstantial compliance +with the requisition in conformity to which the +information it affords has been furnished,"—meaning, +as your Lordships will see in the whole course of the +letter, that he had written it in compliance with the +requisition and in conformity to the information he +had been furnished with by Mr. Hastings,—"without +which it would have been as base as dishonorable for +me spontaneously to have afforded it: for, though the +duty which every man owes to himself should render +him incapable of making an assertion not strictly true, +no man actuated either by virtuous or honorable sentiments +could mistakenly apprehend, that, unless he +betrayed the confidence reposed in him by another, he +might be deemed deficient in fidelity to his employers."</p> + +<p>My Lords, here is, in my opinion, a discovery very +well worthy your Lordships' attention; here is the +accountant-general of the Company, who declares, and +fixes it as a point of honor, that he would not have +made a discovery so important to them, if Mr. Hastings +himself had not authorized him to make it: a +point to which he considers himself bound by his honor +to adhere. Let us see what becomes of us, when +the principle of honor is so debauched and perverted. +A principle of honor, as long as it is connected with +virtue, adds no small efficacy to its operation, and no +small brilliancy and lustre to its appearance: but honor, +the moment that it becomes unconnected with the +duties of official function, with the relations of life,<span class='pagenum'><a name="Page_408" id="Page_408">{408}</a></span> +and the eternal and immutable rules of morality, and +appears in its substance alien to them, changes its nature, +and, instead of justifying a breach of duty, aggravates +all its mischiefs to an almost infinite degree; +by the apparent lustre of the surface, it hides from +you the baseness and deformity of the ground. Here +is Mr. Hastings's agent, Mr. Larkins, the Company's +general accountant, prefers his attachment to Mr. +Hastings to his duty to the Company. Instead of the +account which he ought to give to them in consequence +of the trust reposed in him, he thinks himself bound +by honor to Mr. Hastings, if Mr. Hastings had not +called for that explanation, not to have given it: so +that, whatever obscurity is in this explanation, it is because +Mr. Hastings did not authorize or require him +to give a clearer. Here is a principle of treacherous +fidelity, of perfidious honor, of the faith of conspirators +against their masters, the faith of robbers against the +public, held up against the duty of an officer in a +public situation. You see how they are bound to one +another, and how they give their fidelity to keep the +secrets of one another, to prevent the Directors having +a true knowledge of their affairs; and I am sure, if +you do not destroy this honor of conspirators and this +faith of robbers, that there will be no other honor and +no other fidelity among the servants in India. Mr. +Larkins, your Lordships see, adheres to the principle +of secrecy.</p> + +<p>You will next remark that Mr. Hastings had as +many bribe-factors as bribes. There was confidence +to be reposed in each of them, and not one of these +men appears to be in the confidence of another. +You will find in this letter the policy, the frame, +and constitution of this new exchequer. Mr. Croftes<span class='pagenum'><a name="Page_409" id="Page_409">{409}</a></span> +seems to have known things which Mr. Larkins did +not; Mr. Larkins knew things which Gunga Govind +Sing did not; Gunga Govind Sing knew things which +none of the rest of the confederates knew. Cantoo +Baboo, who appears in this letter as a principal actor, +was in a secret which Mr. Larkins did not know; it +appears likewise, that there was a Persian moonshee +in a secret of which Cantoo Baboo was ignorant; and +it appears that Mr. Palmer was in the secret of a transaction +not intrusted to any of the rest. Such is the +labyrinth of this practical <i>painche</i>, or screw, that, if, +for instance, you were endeavoring to trace backwards +some transaction through Major Palmer, you would +be stopped there, and must go back again; for it had +begun with Cantoo Baboo. If in another you were +to penetrate into the dark recess of the black breast +of Cantoo Baboo, you could not go further; for it began +with Gunga Govind Sing. If you pierce the breast +of Gunga Govind Sing, you are again stopped; a Persian +moonshee was the confidential agent. If you get +beyond this, you find Mr. Larkins knew something +which the others did not; and at last you find Mr. +Hastings did not put entire confidence in any of them. +You will see, by this letter, that he kept his accounts +in all colors, black, white, and mezzotinto; that he +kept them in all languages,—in Persian, in Bengalee, +and in a language which, I believe, is neither Persian +nor Bengalee, nor any other known in the world, but +a language in which Mr. Hastings found it proper to +keep his accounts and to transact his business. The +persons carrying on the accounts are Mr. Larkins, an +Englishman, Cantoo Baboo, a Gentoo, and a Persian +moonshee, probably a Mahometan. So all languages, +all religions, all descriptions of men are to keep the<span class='pagenum'><a name="Page_410" id="Page_410">{410}</a></span> +account of these bribes, and to make out this valuable +account which Mr. Larkins gave you!</p> + +<p>Let us now see how far the memory, observation, +and knowledge of the persons referred to can supply +the want of them in Mr. Hastings. These accounts +come at last, though late, from Mr. Larkins, who, I +will venture to say, let the banians boast what they +will, has skill perhaps equal to the best of them: he +begins by explaining to you something concerning the +present of the ten lac. I wish your Lordships always +to take Mr. Hastings's word, where it can be had,—or +Mr. Larkins's, who was the representative of and +memory-keeper to Mr. Hastings; and then I may +perhaps take the liberty of making some observations +upon it.</p> + + +<h3><i>Extract of a Letter from William Larkins, Accountant-General +of Bengal, to the Chairman of the East India +Company, dated 5th August, 1786.</i></h3> + +<p>"Mr. Hastings returned from Benares to Calcutta +on the 5th February, 1782. At that time I was wholly +ignorant of the letter which on the 20th January he +wrote from Patna to the Secret Committee of the Honorable +the Court of Directors. The rough draught of +this letter, in the handwriting of Major Palmer, is +now in my possession. Soon after his arrival at the +Presidency, he requested me to form the account of +his receipts and disbursements, which you will find +journalized in the 280th, &c., and 307th pages of +the Honorable Company's general books of the year +1781-2. My official situation as accountant-general +had previously convinced me that Mr. Hastings could +not have made the issues which were acknowledged<span class='pagenum'><a name="Page_411" id="Page_411">{411}</a></span> +as received from him by some of the paymasters of +the army, unless he had obtained some such supply as +that which he afterwards, viz., on the 22d May, 1782, +made known to me, when I immediately suggested to +him the necessity of his transmitting that account +which accompanied his letter of that date, till when +the promise contained in his letter of 20th January +had entirely escaped his recollection."</p> + +<p>The first thing I would remark on this (and I believe +your Lordships have rather gone before me in +the remark) is, that Mr. Hastings came down to Calcutta +on the 5th of February; that then, or a few +days after, he calls to him his confidential and faithful +friend, (not his official secretary, for he trusted none +of his regular secretaries with these transactions,)—he +calls him to help him to make out his accounts +during his absence. You would imagine that at that +time he trusted this man with his account. No such +thing: he goes on with the accountant-general, accounting +with him for money expended, without ever +explaining to that accountant-general how that money +came into his hands. Here, then, we have the +accountant making out the account, and the person +accounting. The accountant does not in any manner +make an objection, and say, "Here you are giving +me an account by which it appears that you have +expended money, but you have not told me where +you received it: how shall I make out a fair account +of debtor and creditor between you and the Company?" +He does no such thing. There lies a suspicion +in his breast that Mr. Hastings must have +taken some money in some irregular way, or he could +not have made those payments. Mr. Larkins begins +to suspect him. "Where did you lose this bodkin?"<span class='pagenum'><a name="Page_412" id="Page_412">{412}</a></span> +said one lady to another, upon a certain occasion. +"Pray, Madam, where did you find it?" Mr. Hastings, +at the very moment of his life when confidence +was required, even when making up his accounts +with his accountant, never told him one word of the +matter. You see he had no confidence in Mr. Larkins. +This makes out one of the propositions I want +to impress upon your Lordships' minds, that no one +man did he let into every part of his transactions: a +material circumstance, which will help to lead your +Lordships' judgment in forming your opinion upon +many parts of this cause.</p> + +<p>You see that Mr. Larkins suspected him. Probably +in consequence of those suspicions, or from some +other cause, he at last told him, upon the 22d of May, +1782, (but why at that time, rather than at any other +time, does not appear; and this we shall find very +difficult to be accounted for,)—he told him that he +had received a bribe from the Nabob of Oude, of +100,000<i>l.</i> He informs him of this on the 22d of May, +which, when the accounts were making up, he conceals +from him. And he communicates to him the +rough draught of his letter to the Court of Directors, +informing them that this business was not transacted +by any known secretary of the Company, nor with +the intervention of any interpreter of the Company, +nor passed through any official channel whatever, but +through a gentleman much in his confidence, his military +secretary; and, as if receiving bribes, and receiving +letters concerning them, and carrying on correspondence +relative to them, was a part of military +duty, the rough draught of this letter was in the +hands of this military secretary. Upon the communication +of the letter, it rushes all at once into the<span class='pagenum'><a name="Page_413" id="Page_413">{413}</a></span> +mind of Mr.Larkins, who knows Mr. Hastings's recollection, +who knows what does and what does not escape +it, and who had a memory ready to explode at +Mr. Hastings's desire, "Good God!" says he, "you +have promised the Directors an account of this business!"—a +promise which Mr. Larkins assures the +Directors, upon his word, had entirely escaped Mr. +Hastings's recollection. Mr. Hastings, it seems, had +totally forgotten the promise relative to the paltry sum +of 100,000<i>l.</i> which he had made to the Court of Directors +in the January before; he never once thought +of it, no, not even when he was making up his accounts +of that very identical sum, till the 22d of +May. So that these persons answer for one another's +bad memory: and you will see they have good reason. +Mr. Hastings's want of recollection appears in things +of some moment. However lightly he may regard +the sum of 100,000<i>l.</i>, which, considering the enormous +sums he has received, I dare say he does,—for +he totally forgot it, he knew nothing about it,—observe +what sort of memory this registrar and accountant +of such sums as 100,000<i>l.</i> has. In what confusion +of millions must it be, that such sums can be lost +to Mr. Hastings's recollection! However, at last it +was brought to his recollection, and he thought that +it was necessary to give some account of it. And +who is the accountant whom he produces? His own +memory is no accountant. He had dismissed the matter +(as he happily expresses it in the Cheltenham +letter) from his memory. Major Palmer is not the accountant. +One is astonished that a man who had had +100,000<i>l.</i> in his hands, and laid it out, as he pretends, +in the public service, has not a scrap of paper to show +for it. No ordinary or extraordinary account is given<span class='pagenum'><a name="Page_414" id="Page_414">{414}</a></span> +of it. Well, what is to be done in such circumstances? +He sends for a person whose name you have +heard and will often hear of, the faithful Cantoo Baboo. +This man comes to Mr. Larkins, and he reads +to him (be so good as to remark the words) from a +Bengal paper the account of the detached bribes. +Your Lordships will observe that I have stated the +receipt of a number of detached bribes, and a bribe +in one great body: one, the great <i>corps d'armée</i>; the +other, flying scouting bodies, which were only to be +collected together by a skilful man who knew how +to manage them, and regulate the motions of those +wild and disorderly troops. When No. 2 was to be +explained, Cantoo Baboo failed him; he was not +worth a farthing as to any transaction that happened +when Mr. Hastings was in the Upper Provinces, where +though he was his faithful and constant attendant +through the whole, yet he could give no account of +it. Mr. Hastings's moonshee then reads three lines +from a paper to Mr. Larkins. Now it is no way even +insinuated that both the Bengal and Persian papers +did not contain the account of other immense sums; +and, indeed, from the circumstance of only three lines +being read from the Persian paper, your Lordships +will be able, in your own minds, to form some judgment +upon this business.</p> + +<p>I shall now proceed with his letter of explanation. +"The particulars," he goes on to say, "of the paper +No. 1 were read to me from a Bengal paper by Mr. +Hastings's banian, Cantoo Baboo; and if I am not mistaken, +the three first lines of that No. 2 were read +over to me from a Persian paper by his moonshee. +The translation of these particulars, made by me, was, +as I verily believe, the first complete memorandum<span class='pagenum'><a name="Page_415" id="Page_415">{415}</a></span> +that he ever possessed of them in the English language; +and I am confident, that, if I had not suggested +to him the necessity of his taking this precaution, +he would at this moment have been unable to have +afforded any such information concerning them."</p> + +<p>Now, my Lords, if he had not got, on the intimation +of Mr. Larkins, some scraps of paper, your +Lordships might have at this day wanted that valuable +information which Mr. Larkins has laid before +you. These, however, contain, Mr. Larkins says, +"the first complete"—what?—account, do you +imagine?—no, "the first complete <i>memorandum</i>." +You would imagine that he would himself, for his +own use, have notched down, somewhere or other, +in short-hand, in Persian characters, short without +vowels, or in some other way, <i>memorandums</i>. But +he had not himself even a memorandum of this +business; and consequently, when he was at Cheltenham, +and even here at your bar, he could never +have had any account of a sum of 200,000<i>l.</i>, but by +this account of Mr. Larkins, taken, as people read +them, from detached pieces of paper.</p> + +<p>One would have expected that Mr. Larkins, being +warned that day, and cautioned by the strange memory +of Mr. Hastings, and the dangerous situation, +therefore, in which he himself stood, would at least +have been very guarded and cautious. Hear what he +next says upon this subject. "As neither of the +other sums passed through his hands, these" (meaning +the scraps) "contained no such specification, and +consequently could not enable him to afford the information +with which he has requested me to furnish +you; and it is more than probable, that, if the affidavit +which I took on the 16th December, 1782, had<span class='pagenum'><a name="Page_416" id="Page_416">{416}</a></span> +not exposed my character to the suspicion of my +being capable of committing one of the basest trespasses +upon the confidence of mankind, I should, at +this distance of time, have been equally unable to +have complied with this request: but after I became +acquainted with the insinuation suggested in the +Eleventh Report of the Select Committee of the +House of Commons, I thought it but too probable, +that, unless I was possessed of the original memorandum +which I had made of these transactions, I +might not at some distant period be able to prove +that I had not descended to commit so base an action. +I have therefore always most carefully preserved +every paper which I possessed regarding these +transactions."</p> + +<p>You see that Mr. Hastings had no memorandums +of his accounts; you see, that, after Mr. Larkins had +made his memorandums of them, he had no design +of guarding or keeping them; and you will commend +those wicked and malicious committees who +by their reports have told an accountant-general and +first public officer of revenue, that, in order to guard +his character from their suspicions, it was necessary +that he should keep some paper or other of an +account. We have heard of the base, wicked, and +mercenary license that has been used by these gentlemen +of India towards the House of Commons: +a license to libel and traduce the diligence of the +House of Commons, the purity of their motives, and +the fidelity of their actions, by which the very means +of informing the people are attempted to be used for +the purpose of leaving them in darkness and delusion. +But, my Lords, when the accountant-general +declares, that, if the House of Commons had not<span class='pagenum'><a name="Page_417" id="Page_417">{417}</a></span> +expressed, as they ought to express, much diffidence +and distrust respecting these transactions, and even +suspected him of perjury, this very day that man +would not have produced a scrap of those papers to +you, but might have turned them to the basest and +most infamous of uses. If, I say, we have saved +these valuable fragments by suspecting his integrity, +your Lordships will see suspicion is of some use: +and I hope the world will learn that punishment will +be of use, too, in preventing such transactions.</p> + +<p>Your Lordships have seen that no two persons +knew anything of these transactions; you see that +even memorandums of transactions of very great +moment, some of which had passed in the year 1779, +were not even so much as put in the shape of complete +memoranda until May, 1782; you see that Mr. +Hastings never kept them: and there is no reason to +imagine that a black banian and a Persian moonshee +would have been careful of what Mr. Hastings himself, +who did not seem to stimulate his accountants +to a vast deal of exactness and a vast deal of fidelity, +was negligent. You see that Mr. Larkins, our last, +our only hope, if he had not been suspected by the +House of Commons, probably would never have kept +these papers; and that you could not have had this +valuable cargo, such as it is, if it had not been for +the circumstance Mr. Larkins thinks proper to mention.</p> + +<p>From the specimen which we have given of Mr. +Hastings's mode of accounts, of its vouchers, checks, +and counter-checks, your Lordships will have observed +that the mode itself is past describing, and +that the checks and counter-checks, instead of being +put upon one another to prevent abuse, are put upon<span class='pagenum'><a name="Page_418" id="Page_418">{418}</a></span> +each other to prevent discovery and to fortify abuse. +When you hear that one man has an account of receipt, +another of expenditure, another of control, you +say that office is well constituted: but here is an +office constituted by different persons without the +smallest connection with each other; for the only purpose +which they have ever answered is the purpose +of base concealment.</p> + +<p>We shall now proceed a little further with Mr. +Larkins. The first of the papers from which he took +the memoranda was a paper of Cantoo Baboo. It +contained detached payments, amounting in the +whole, with the cabooleat, or agreement, to about +95,000<i>l.</i> sterling, and of which it appears that there +was received by Mr. Croftes 55,000<i>l.</i>, and no more.</p> + +<p>Now will your Lordships be so good as to let it rest +in your memory what sort of an exchequer this is, +even with regard to its receipts? As your Lordships +have seen the economy and constitution of this office, +so now see the receipt. It appears that in the month +of May, 1782, out of the sums beginning to be received +in the month of Shawal, that is in July, +1779, there was, during that interval, 40,000<i>l.</i> out +of 95,000<i>l.</i> sunk somewhere, in some of the turnings +over upon the gridiron, through some of those agents +and panders of corruption which Mr. Hastings uses. +Here is the <i>valuable</i> revenue of the Company, <i>which +is to supply them in their exigencies, which is to come +from sources which otherwise never would have yielded +it</i>,—which, though small in proportion to the other +revenue, yet is a diamond, something that by its value +makes amends for its want of bulk,—falling short by +40,000<i>l.</i> out of 95,000<i>l.</i> Here is a system made for +fraud, and producing all the effects of it.<span class='pagenum'><a name="Page_419" id="Page_419">{419}</a></span></p> + +<p>Upon the face of this account, the agreement was +to yield to Mr. Hastings, some way or other, to be +paid to Mr. Croftes, 95,000<i>l.</i>, and there was a deficiency +of 40,000<i>l.</i> Would any man, even with no +more sense than Mr. Hastings, who wants all the faculties +of the human mind, who has neither memory +nor judgment, any man who was that poor half-idiot +creature that Mr. Hastings pretends to be, engage in a +dealing that was to extort from some one or other an +agreement to pay 95,000<i>l.</i> which was not to produce +more than 55,000<i>l.</i>? What, then, is become of it? +Is it in the hands of Mr. Hastings's wicked bribe-brokers, +or in his own hands? Is it in arrear? Do you +know anything about it? Whom are you to apply +to for information? Why, to G.G.S.—G.G.S. I +find to be, what indeed I suspected him to be, a person +that I have mentioned frequently to your Lordships, +and that you will often hear of, commonly +called Gunga Govind Sing,—in a short word, the +wickedest of the whole race of banians: the consolidated +wickedness of the whole body is to be found in +this man.</p> + +<p>Of the deficiency which appears in this agreement +with somebody or other on the part of Mr. Hastings +through Gunga Govind Sing you will expect to hear +some explanation. Of the first sum, which is said to +have been paid through Gunga Govind Sing, amounting +on the cabooleat to four lac, and of which no more +than two lac was actually received,—that is to say, +half of it was sunk,—we have this memorandum +only: "Although Mr. Hastings was extremely dissatisfied +with the excuses Gunga Govind Sing assigned +for not paying Mr. Croftes the sum stated by the +paper No. 1 to be in his charge, he never could ob<span class='pagenum'><a name="Page_420" id="Page_420">{420}</a></span>tain +from him any further payments on this account." +Mr. Hastings is exceedingly dissatisfied with those +excuses, and this is the whole account of the transaction. +This is the only thing said of Gunga Govind +Sing in the account: he neither states how he came +to be employed, or for what he was employed. It +appears, however, from the transaction, as far as we +can make our way through this darkness, that he had +actually received 10,000<i>l.</i> of the money, which he did +not account for, and that he pretended that there +was an arrear of the rest. So here Mr. Hastings's +bribe-agent admits that he had received 10,000<i>l.</i>, but +he will not account for it; he says there is an arrear +of another 10,000<i>l.</i>; and thus it appears that he was +enabled to take from somebody at Dinagepore, by a +cabooleat, 40,000<i>l.</i>, of which Mr. Hastings can get but +20,000<i>l.</i>: there is cent per cent loss upon it. Mr. +Hastings was so exceedingly dissatisfied with this +conduct of Gunga Govind Sing, that you would imagine +a breach would have immediately ensued between +them. I shall not anticipate what some of my +honorable friends will bring before your Lordships; +but I tell you, that, so far from quarrelling with Gunga +Govind Sing, or being really angry with him, it is +only a little pettish love quarrel with Gunga Govind +Sing: <i>amantium iræ amoris integratio est</i>. For Gunga +Govind Sing, without having paid him one shilling +of this money, attended him to the Ganges; and one +of the last acts of Mr. Hastings's government was to +represent this man, who was unfaithful even to fraud, +who did not keep the common faith of thieves and +robbers, this very man he recommends to the Company +as a person who ought to be rewarded, as one +of their best and most faithful servants. And how<span class='pagenum'><a name="Page_421" id="Page_421">{421}</a></span> +does he recommend him to be rewarded? By giving +him the estate of another person,—the way in which +Mr. Hastings desires to be always rewarded himself: +for, in calling upon the Company's justice to give +him some money for expenses with which he never +charged them, he desires them to assign him the +money upon some person of the country. So here +Mr. Hastings recommends Gunga Govind Sing not +only to trust, confidence, and employment, which he +does very fully, but to a reward taken out of the substance +of other people. This is what Mr. Hastings +has done with Gunga Govind Sing; and if such are +the effects of his anger, what must be the effect of +his pleasure and satisfaction? Now I say that Mr. +Hastings, who, in fact, saw this man amongst the +very last with whom he had any communication in +India, could not have so recommended him after this +known fraud, in one business only, of 20,000<i>l.</i>,—he +could not so have supported him, he could not so +have caressed him, he could not so have employed +him, he could not have done all this, unless he had +paid to Mr. Hastings privately that sum of money +which never was brought into any even of these miserable +accounts, without some payment or other with +which Mr. Hastings was and ought to be satisfied, or +unless Gunga Govind Sing had some dishonorable secret +to tell of him which he did not dare to provoke +him to give a just account of, or, lastly, unless the +original agreement was that half or a third of the +bribe should go to Gunga Govind Sing.</p> + +<p>Such is this patriotic scheme of bribery, this public-spirited +corruption which Mr. Hastings has invented +upon this occasion, and by which he thinks out of +the vices of mankind to draw a better revenue than<span class='pagenum'><a name="Page_422" id="Page_422">{422}</a></span> +out of any legal source whatever; and therefore he +has resolved to become the most corrupt of all Governors-General, +in order to be the most useful servant +to the finances of the Company.</p> + +<p>So much as to the first article of Dinagepore +peshcush. All you have is, that G.G.S is Gunga +Govind Sing; that he has cheated the public of half +of it; that Mr. Hastings was angry with him, and +yet went away from Bengal, rewarding, praising, and +caressing him. Are these things to pass as matters +of course? They cannot so pass with your Lordships' +sagacity: I will venture to say that no court, +even of <i>pie-poudre</i>, could help finding him guilty +upon such a matter, if such a court had to inquire +into it.</p> + +<p>The next article is <i>Patna</i>. Here, too, he was to +receive 40,000<i>l.</i>; but from whom this deponent saith +not. At this circumstance Mr. Larkins, who is a +famous deponent, never hints once. You may look +through his whole letter, which is a pretty long one, +(and which I will save your Lordships the trouble of +hearing read at length now, because you will have it +before you when you come to the Patna business,) +and you will only find that somebody had engaged to +pay him 40,000<i>l.</i>, and that but half of this sum was +received. You want an explanation of this. You +have seen the kind of explanation given in the former +case, a conjectural explanation of G.G.S. But +when you come to the present case, who the person +paying was, why the money was not paid, what the +cause of failure was, you are not told: you only +learn that there was that sum deficient; and Mr. +Larkins, who is our last resort and final hope of +elucidation in this transaction, throws not the small<span class='pagenum'><a name="Page_423" id="Page_423">{423}</a></span>est +glimpse of light upon it. We of the House of +Commons have been reduced to form the best legitimate +conjectures we could upon this business, and +those conjectures have led us to further evidence, +which will enable us to fix one of the most scandalous +and most mischievous bribes, in all the circumstances +of it, upon Mr. Hastings, that was ever +known. If he extorted 40,000<i>l.</i> under pretence of +the Company's service, here is again another failure +of half the money. Oh, my Lords, you will find that +even the remaining part was purchased with the loss +of one of the best revenues in India, and with the +grievous distress of a country that deserved well your +protection, instead of being robbed to give 20,000<i>l.</i> +to the Company, and another 20,000<i>l.</i> to some robber +or other, black or white. When I say, given to some +other robber, black or white, I do not suppose that +either generosity, friendship, or even communion, +can exist in that country between white men and +black: no, their colors are not more adverse than +their characters and tempers. There is not that +<i>idem velle et idem nolle</i>, there are none of those +habits of life, nothing, that can bind men together +even in the most ordinary society: the mutual means +of such an union do not exist between them. It is a +money-dealing, and a money-dealing only, which can +exist between them; and when you hear that a black +man is favored, and that 20,000<i>l.</i> is pretended to be +left in his hands, do not believe it: indeed, you cannot +believe it; for we will bring evidence to show +that there is no friendship between those people,—and +that, when black men give money to a white +man, it is a bribe,—and that, when money is given +to a black man, he is only a sharer with the white man<span class='pagenum'><a name="Page_424" id="Page_424">{424}</a></span> +in their infamous profits. We find, however, somebody, +anonymous, with 20,000<i>l.</i> left in his hands; and +when we come to discover who the man is, and the final +balance which appears against him in his account +with the Company, we find that for this 20,000<i>l.</i>, +which was received for the Company, they paid such +a compound interest as was never before paid for +money advanced: the most violently griping usurer, +in dealing with the most extravagant heir, never +made such a bargain as Mr. Hastings has made for +the Company by this bribe. Therefore it could be +nothing but fraud that could have got him to have +undertaken such a revenue. This evidently shows +the whole to be a pretence to cover fraud, and not +a weak attempt to raise a revenue,—and that Mr. +Hastings was not that idiot he represents himself to +be, a man forgetting all his offices, all his duties, all +his own affairs, and all the public affairs. He does +not, however, forget how to make a bargain to get +money; but when the money is to be recovered for +the Company, (as he says,) he forgets to recover it: +so that the accuracy with which he begins a bribe, +<i>acribus initiis et soporosâ fine</i>, and the carelessness +with which he ends it, are things that characterize, +not weakness and stupidity, but fraud.</p> + +<p>The next article we proceed to is <i>Nuddea</i>. Here +we have more light; but does Mr. Larkins anywhere +tell you anything about Nuddea? No it appears +as if the account had been paid up, and that the cabooleat +and the payments answer and tally with each +other; yet, when we come to produce the evidence +upon these parts, you will see most abundant reason +to be assured that there is much more concealed +than is given in this account,—that it is an account<span class='pagenum'><a name="Page_425" id="Page_425">{425}</a></span> +current, and not an account closed,—and that the +agreement was for some other and greater sum than +appears. It might be expected that the Company +would inquire of Mr. Hastings, and ask, "From whom +did he get it? Who has received it? Who is to answer +for it?" But he knew that they were not likely +to make any inquiry at all,—they are not that kind +of people. You would imagine that a mercantile body +would have some of the mercantile excellencies, and +even you would allow them perhaps some of the mercantile +faults. But they have, like Mr. Hastings, forgotten +totally the mercantile character; and, accordingly, +neither accuracy nor fidelity of account do +they ever require of Mr. Hastings. They have too +much confidence in him; and he, accordingly, acts +like a man in whom such confidence, without reason, +is reposed.</p> + +<p>Your Lordships may perhaps suppose that the payment +of this money was an act of friendship and generosity +in the people of the country. No: we have +found out, and shall prove, from whom he got it; +at least we shall produce such a conjecture upon it +as your Lordships will think us bound to do, when +we have such an account before us. Here on the +face of the account there is no deficiency; but when +we look into it, we find skulking in a corner a person +called Nundulol, from whom there is received +58,000 rupees. You will find that he, who appears +to have paid up this money, and which Mr. Hastings +spent as he pleased in his journey to Benares, and +who consequently must have had some trust reposed +in him, was the wickedest of men, next to those I +have mentioned,—always giving the first rank to +Gunga Govind Sing, <i>primus inter pares</i>, the second<span class='pagenum'><a name="Page_426" id="Page_426">{426}</a></span> +to Debi Sing, the third to Cantoo Baboo: this man +is fit to be one next on a par with them. Mr. Larkins, +when he comes to explain this article, says, "I +believe it is for a part of the Dinagepore peshcush, +which would reduce the balance to about 5,000<i>l.</i>": +but he does not pretend to know what it is given +for; he gives several guesses at it; "but," he says, +"as I do not know, I shall not pretend to give more +than my conjecture upon it." He is in the right; +because we shall prove Nundulol never did have any +thing to do with the Dinagepore peshcush. These +are very extraordinary proceedings. It is my business +simply to state them to your Lordships now; +we will give them in afterwards in evidence, and I +will leave that evidence to be confirmed and fortified +by further observations.</p> + +<p>One of the objects of Mr. Larkins's letter is to +illustrate the bonds. He says, "The two first stated +sums" (namely, Dinagepore and Patna, in the paper +marked No. 1, I suppose, for he seems to explain +it to be such) "are sums for a part of which Mr. +Hastings took two bonds: viz., No. 1539, dated 1st +October, 1780, and No. 1540, dated 2d October, 1780, +each for the sum of current rupees 1,16,000, or sicca +rupees one lac. The remainder of that amount +was carried to the credit of the head, <i>Four per Cent +Remittance Loan:</i> Mr. Hastings having taken a bond +for it, (No. 89,) which has been since completely +liquidated, conformable to the law." But before I +proceed with the bonds, I will beg leave to recall +to your Lordships' recollection that Mr. Larkins +states in his letter that these sums were received +in November. How does this agree with another +state of the transaction given by Mr. Hastings,<span class='pagenum'><a name="Page_427" id="Page_427">{427}</a></span> +namely, that the time of his taking the bonds was +the 1st and 2d of October? Mr. Larkins, therefore, +who has thought proper to say that the money was +received in the month of November, has here given +as extraordinary an instance either of fraudulent accuracy +or shameful official inaccuracy as was ever +perhaps discovered. The first sums are asserted to +be paid to Mr. Croftes on the 18th and 19th of Asin, +1187. The month of Asin corresponds with the +month of September and part of October, and not +with November; and it is the more extraordinary +that Mr. Larkins should mistake this, because he is +in an office which requires monthly payments, and +consequently great monthly exactness, and a continual +transfer from one month to another: we cannot +suppose any accountant in England can be more +accurately acquainted with the succession of months +than Mr. Larkins must have been with the comparative +state of Bengal and English months. How are +we to account for this gross inaccuracy? If you +have a poet, if you have a politician, if you have a +moralist inaccurate, you know that these are cases +which, from the narrow bounds of our weak faculties, +do not perhaps admit of accuracy. But what +is an inaccurate <i>accountant</i> good for? "Silly man, +that dost not know thy own silly trade!" was once +well said: but the trade here is not silly. You do +not even praise an accountant for being accurate, because +you have thousands of them; but you justly +blame a public accountant who is guilty of a gross +inaccuracy. But what end could his being inaccurate +answer? Why not name October as well as +November? I know no reason for it; but here is +certainly a gross mistake: and from the nature of<span class='pagenum'><a name="Page_428" id="Page_428">{428}</a></span> +the thing, it is hardly possible to suppose it to be +a mere mistake. But take it that it is a mistake, +and to have nothing of fraud, but mere carelessness; +this, in a man valued by Mr. Hastings for being very +punctilious and accurate, is extraordinary.</p> + +<p>But to return to the bonds. We find a bond taken +in the month of Shawal, 1186, or 1779, but the receipt +is said to be in Asin, 1780: that is to say, +there was a year and about three months between +the collection and the receipt; and during all that +period of time an enormous sum of money had lain +in the hands of Gunga Govind Sing, to be employed +when Mr. Hastings should think fit. He employed +it, he says, for the Mahratta expedition. Now he +began that letter on the 29th of November by telling +you that the bribe would not have been taken from +Cheyt Sing, if it had not been at the instigation of an +exigency which it seems required a supply of money, +to be procured lawfully or unlawfully. But in fact +there was no exigency for it before the Berar army +came upon the borders of the country,—that army +which he invited by his careless conduct towards the +Rajah of Berar, and whose hostility he was obliged to +buy off by a sum of money; and yet this bribe was +taken from Cheyt Sing long before he had this occasion +for it. The fund lay in Gunga Govind Sing's hands; +and he afterwards applied to that purpose a part of +this fund, which he must have taken without any +view whatever to the Company's interest. This pretence +of the exigency of the Company's affairs is the +more extraordinary, because the first receipt of these +moneys was some time in the year 1779 (I have not +got the exact date of the agreement); and it was +but a year before that the Company was so far from<span class='pagenum'><a name="Page_429" id="Page_429">{429}</a></span> +being in distress, that he declared he should have, at +very nearly the period when this bribe became payable, +a very large sum (I do not recollect the precise +amount) in their treasury. I cannot certainly tell +when the cabooleat, or agreement, was made; yet I +shall lay open something very extraordinary upon +that subject, and will lead you, step by step, to the +bloody scenes of Debi Sing. Whilst, therefore, Mr. +Hastings was carrying on these transactions, he was +carrying them on without any reference to the pretended +object to which he afterwards applied them. +It was an old, premeditated plan; and the money to +be received could not have been designed for an exigency, +because it was to be paid by monthly instalments. +The case is the same with respect to the +other cabooleats: it could not have been any momentary +exigence which he had to provide for by +these sums of money; they were paid regularly, period +by period, as a constant, uniform income, to Mr. +Hastings.</p> + +<p>You find, then, Mr. Hastings first leaving this sum +of money for a year and three months in the hands +of Gunga Govind Sing; you find, that, when an exigence +pressed him by the Mahrattas suddenly invading +Bengal, and he was obliged to refer to his bribe-fund, +he finds that fund empty, and that, in supplying +money for this exigence, he takes a bond for two +thirds of his own money and one third of the Company's. +For, as I stated before, Mr. Larkins proves +of one of these accounts, that he took, in the month +of January, for this bribe-money, which, according to +the principles he lays down, was the Company's money, +three bonds as for money advanced from his own +cash. Now this sum of three lacs, instead of being<span class='pagenum'><a name="Page_430" id="Page_430">{430}</a></span> +all his own, as it should appear to be in the month of +January, when he took the bonds, or two thirds his +own and one third the Company's, as he said in his +letter of the 29th of November, turns out, by Mr. Larkins's +account, paragraph 9, which I wish to mark to +your Lordships, to be two thirds the Company's money +and one third his own; and yet it is all confounded +under bonds, as if the money had been his own. +What can you say to this heroic sharper disguised +under the name of a patriot, when you find him to be +nothing but a downright cheat, first taking money +under the Company's name, then taking their securities +to him for their own money, and afterwards entering +a false account of them, contradicting that by +another account?—and God knows whether the third +be true or false. These are not things that I am to +make out by any conclusion of mine; here they are, +made out by himself and Mr. Larkins, and, comparing +them with his letter of the 27th, you find a gross +fraud covered by a direct falsehood.</p> + +<p>We have now done with Mr. Larkins's account of +the bonds, and are come to the other species of Mr. +Hastings's frauds, (for there is a great variety in +them,) and first to Cheyt Sing's bribe. Mr. Larkins +came to the knowledge of the bond-money through +Gunga Govind Sing and through Cantoo Baboo. Of +this bribe he was not in the secret originally, but was +afterwards made a confidant in it; it was carried to +him; and the account he gives of it I will state to +your Lordships.</p> + +<p>"The fourth sum stated in Mr. Hastings's account +was the produce of sundry payments made to me by +Sadamund, Cheyt Sing's buckshee, who either brought +or sent the gold mohurs to my house, from whence<span class='pagenum'><a name="Page_431" id="Page_431">{431}</a></span> +they were taken by me to Mr. Croftes, either on the +same night or early in the morning after: they were +made at different times, and I well remember that the +same people never came twice. On the 21st June, +1780, Mr. Hastings sent for me, and desired that I +would take charge of a present that had been offered +to him by Cheyt Sing's buckshee, under the plea of +atoning for the opposition which he had made towards +the payment of the extra subsidy for defraying part +of the expenses of the war, but really in the hope +of its inducing Mr. Hastings to give up that claim; +with which view the present had first been offered. +Mr. Hastings declared, that, although he would not +take this for his own use, he would apply it to that of +the Company, in removing Mr. Francis's objections to +the want of a fund for defraying the extra expenses +of Colonel Camac's detachment. On my return to +the office, I wrote down the substance of what Mr. +Hastings had said to me, and requested Mr. James +Miller, my deputy, to seal it up with his own seal, +and write upon it, that he had then done so at my +request. He was no further informed of my motive +for this than merely that it contained the substance +of a conversation which had passed between me and +another gentleman, which, in case that conversation +should hereafter become the subject of inquiry, I +wished to be able to adduce the memorandum then +made of it, in corroboration of my own testimony; +and although that paper has remained unopened to +this hour, and notwithstanding that I kept no memorandum +whatever of the substance thereof, yet, as I +have wrote this representation under the most scrupulous +adherence to what I conceived to be truth, +should it ever become necessary to refer to this paper,<span class='pagenum'><a name="Page_432" id="Page_432">{432}</a></span> +I am confident that it will not be found to differ materially +from the substance of this representation."</p> + +<p>I forgot to mention, that, besides these two bonds, +which Mr. Hastings declared to be the Company's, +and one bond his own, that he slipped into the place +of the bond of his own a much better, namely, a bond +of November, which he never mentioned to the Company +till the 22d of May; and this bond for current +rupees 1,74,000, or sicca rupees 1,50,000, was taken +for the payment stated in the paper No. 1 to have +been made to Mr. Croftes on the 11th Aghan, 1187, +which corresponds to the 23d of November, 1780. +This is the Nuddea money, and this is all that you +know of it; you know that this money, for which +he had taken this other bond from the Company, was +not his own neither, but bribes taken from the other +provinces.</p> + +<p>I am ashamed to be troublesome to your Lordships +in this dry affair, but the detection of fraud requires +a good deal of patience and assiduity, and we cannot +wander into anything that can relieve the mind: if it +was in my power to do it, I would do it. I wish, +however, to call your Lordships' attention to this last +bribe before I quit these bonds. Such is the confusion, +so complicated, so intricate are these bribe accounts, +that there is always something left behind, +glean never so much from the paragraphs of Mr. +Hastings and Mr. Larkins. "I could not bring them +to account," says Mr. Larkins. "They were received +before the 1st and 2d of October." Why does not the +running treasury account give an account of them? +The Committee of the House of Commons examined +whether the running treasury account had any such +account of sums deposited. No such thing. They<span class='pagenum'><a name="Page_433" id="Page_433">{433}</a></span> +are said by Mr. Hastings to be deposited in June: +they were not deposited in October, nor any account +of them given till the January following. "These +bonds," says he, "I could not enter as regular money, +to be entered on the Company's account, or in +any public way, until I had had an order of the Governor-General +and Council." But why had not you +an order of the Governor-General and Council? We +are not calling on you, Mr. Larkins, for an account +of your conduct: we are calling upon Mr. Hastings +for an account of his conduct, and which he refers to +you to explain. Why did not Mr. Hastings order you +to carry them to the public account? "Because," +says he, "there was no other way." Every one who +knows anything of a treasury or public banking-place +knows, that if any person brings money as belonging +to the public, that the public accountant is bound, no +doubt, to receive it and enter it as such. "But," +says he, "I could not do it until the account could +be settled, as between debtor and creditor: I did not +do it till I could put on one side durbar charges, secret +service, to such an amount, and balance that +again with bonds to Mr. Hastings." That is, he +could not make an entry regularly in the Company's +books until Mr. Hastings had enabled him to commit +one of the grossest frauds and violations of a public +trust that ever was committed, by ordering that money +of the Company's to be considered as his own, and +a bond to be taken as a security for it from the Company, +as if it was his own.</p> + +<p>But to proceed with this deposit. What is the +substance of Mr. Larkins's explanation of it? The +substance of this explanation is, that here was a bribe +received by Mr. Hastings from Cheyt Sing, guarded<span class='pagenum'><a name="Page_434" id="Page_434">{434}</a></span> +with such scrupulous secrecy, that it was not carried +to the house of Mr. Croftes, who was to receive it +finally, but to the house of Mr. Larkins, as a less suspected +place; and that it was conveyed in various +sums, no two people ever returning twice with the various +payments which made up that sum of 23,000<i>l.</i> +or thereabouts. Now do you want an instance of +prevarication and trickery in an account? If any +person should inquire whether 23,000<i>l.</i> had been paid +by Cheyt Sing to Mr. Hastings, there was not any +one man living, or any person concerned in the +transaction, except Mr.Larkins, who received it, that +could give an account of how much he received, or +who brought it. As no two people are ever his +confidants in the same transaction in Mr. Hastings's +accounts, so here no two people are permitted to have +any share whatever in bringing the several fragments +that make up this sum. This bribe, you might +imagine, would have been entered by Mr. Larkins +to some public account, at least to the fraudulent +account of Mr. Hastings. No such thing. It was +never entered till the November following. It was +not entered till Mr. Francis had left Calcutta. All +these corrupt transactions were carried on privately +by Mr. Hastings alone, without any signification to +his colleagues of his carrying on this patriotic traffic, +as he called it. Your Lordships will also consider +both the person who employs such a fraudulent +accountant, and his ideas of his duty in his office. +These are matters for your Lordships' grave determination; +but I appeal to you, upon the face of these +accounts, whether you ever saw anything so gross,—and +whether any man could be daring enough to +attempt to impose upon the credulity of the weakest<span class='pagenum'><a name="Page_435" id="Page_435">{435}</a></span> +of mankind, much more to impose upon such a court +as this, such accounts as these are.</p> + +<p>If the Company had a mind to inquire what is +become of all the debts due to them, and where is +the cabooleat, he refers them to Gunga Govind Sing. +"Give us," say they, "an account of this balance +that remains in your hands." "I know," says he, +"of no balance." "Why, is there not a cabooleat?" +"Where is it? What are the date and circumstances +of it? There is no such cabooleat existing." This +is the case even where you have the name of the person +through whose hands the money passed. But +suppose the inquiry went to the payments of the +Patna cabooleat. "Here," they say, "we find half +the money due: out of forty thousand pounds there +is only twenty thousand received: give us some +account of it." Who is to give an account of it? +Here there is no mention made of the name of +the person who had the cabooleat: whom can they +call upon? Mr. Hastings does not remember; Mr. +Larkins does not tell; they can learn nothing about +it. If the Directors had a disposition, and were +honest enough to the Proprietors and the nation to +inquire into it, there is not a hint given, by either +of those persons, who received the Nuddea, who +received the Patna, who received the Dinagepore +peshcush.</p> + +<p>But in what court can a suit be instituted, and +against whom, for the recovery of this balance of +40,000<i>l.</i> out of 95,000<i>l.</i>? I wish your Lordships to +examine strictly this account,—to examine strictly +every part, both of the account itself, and Mr. Larkins's +explanation: compare them together, and divine, +if you can, what remedy the Company could<span class='pagenum'><a name="Page_436" id="Page_436">{436}</a></span> +have for their loss. Can your Lordships believe that +this can be any other than a systematical, deliberate +fraud, grossly conducted? I will not allow +Mr. Hastings to be the man he represents himself +to be: he was supposed to be a man of parts; I +will only suppose him to be a man of mere common +sense. Are these the accounts we should expect +from such a man? And yet he and Mr. Larkins +are to be magnified to heaven for great financiers; +and this is to be called book-keeping! This is the +Bengal account saved so miraculously on the 22d of +May.</p> + +<p>Next comes the Persian account. You have heard +of a present to which it refers. It has been already +stated, but it must be a good deal farther explained. +Mr. Larkins states that this account was taken from +a paper, of which three lines, and only three lines, +were read to him by a Persian moonshee; and it is +not pretended that this was the whole of it. The +three lines read are as follows.</p> + +<div class='ctr'> +<table border="0" cellpadding="4" cellspacing="0" summary=""> +<tr><td align='left'>"From the Nabob" (meaning the Nabob of Oude) "to the Governor-General, +six lac</td><td align='right'>£60,000</td></tr> +<tr><td align='left'>From Hussein Reza Khân and Hyder Beg Khân to ditto, three lac</td><td align='right'>30,000</td></tr> +<tr><td align='left'>And ditto to Mrs. Hastings, one lac</td><td align='right'>10,000.</td><td align='left'>"</td></tr> +</table></div> + +<p>Here, I say, are the three lines that were read by a +Persian moonshee. Is he a man you can call to account +for these particulars? No: he is an anonymous +moonshee; his name is not so much as mentioned +by Mr. Larkins, nor hinted at by Mr. Hastings; +and you find these sums, which Mr. Hastings<span class='pagenum'><a name="Page_437" id="Page_437">{437}</a></span> +mentions as a sum in gross given to himself, are not +so. They were given by three persons: one, six lacs, +was given by the Nabob to the Governor; another, +of three lacs more, by Hussein Reza Khân [and Hyder +Beg Khân?]; and a third, one lac, by both of them +clubbing, as a present to Mrs. Hastings. This is the +first discovery that appears of Mrs. Hastings having +been concerned in receiving presents for the Governor-General +and others, in addition to Gunga Govind +Sing, Cantoo Baboo, and Mr. Croftes. Now, if this +money was not received for the Company, is it proper +and right to take it from Mrs. Hastings? Is there +honor and justice in taking from a lady a gratuitous +present made to her? Yet Mr. Hastings says he has +applied it all to the Company's service. He has done +ill, in suffering it to be received at all, if she has +not justly and properly received it. Whether, in fact, +she ever received this money at all, she not being +upon the spot, as I can find, at the time, (though, to +be sure, a present might be sent her,) I neither affirm +nor deny, farther than that, as Mr. Larkins says, +there was a sum of 10,000<i>l.</i> from these ministers to +Mrs. Hastings. Whether she ever received any other +money than this, I also neither affirm nor deny. +But in whatever manner Mrs. Hastings received this +or any other money, I must say, in this grave place +in which I stand, that, if the wives of Governors-General, +the wives of Presidents of Council, the wives +of the principal officers of the India Company, through +all the various departments, can receive presents, +there is an end of the covenants, there is an end of +the act of Parliament, there is an end to every power +of restraint. Let a man be but married, and if his +wife may take presents, that moment the acts of<span class='pagenum'><a name="Page_438" id="Page_438">{438}</a></span> +Parliament, the covenants, and all the rest expire. +There is something, too, in the manners of the East +that makes this a much more dangerous practice. +The people of the East, it is well known, have their +zenanah, the apartment for their wives, as a sanctuary +which nobody can enter,—a kind of holy of holies, +a consecrated place, safe from the rage of war, safe +from the fury of tyranny. The rapacity of man has +here its bounds: here you shall come, and no farther. +But if English ladies can go into these zenanahs and +there receive presents, the natives of Hindostan cannot +be said to have anything left of their own. Every +one knows that in the wisest and best time of the +Commonwealth of Rome, towards the latter end of it, +(I do not mean the best time for morals, but the +best for its knowledge how to correct evil government, +and to choose the proper means for it,) it was +an established rule, that no governor of a province +should take his wife along with him into his province,—wives +not being subject to the laws in the +same manner as their husbands; and though I do +not impute to any one any criminality here, I should +think myself guilty of a scandalous dereliction of my +duty, if I did not mention the fact to your Lordships. +But I press it no further: here are the +accounts, delivered in by Mr. Larkins at Mr. Hastings's +own requisition.</p> + +<p>The three lines which were read out of a Persian +paper are followed by a long account of the several +species in which this present was received, and +converted by exchange into one common standard. +Now, as these three lines of paper, which are said +to have been read out of a Persian paper, contain +an account of bribes to the amount of 100,000<i>l.</i>,<span class='pagenum'><a name="Page_439" id="Page_439">{439}</a></span> +and as it is not even insinuated that this was the +whole of the paper, but rather the contrary indirectly +implied, I shall leave it for your Lordships, in +your serious consideration, to judge what mines of +bribery that paper might contain. For why did not +Mr. Larkins get the whole of that paper read and +translated? The moment any man stops in the +midst of an account, he is stopping in the midst of +a fraud.</p> + +<p>My Lords, I have one farther remark to make upon +these accounts. The cabooleats, or agreements for +the payments of these bribes, amount, in the three +specified provinces, to 95,000<i>l.</i> Do you believe that +these provinces were thus particularly favored? Do +you think that they were chosen as a little demesne +for Mr. Hastings? that they were the only provinces +honored with his protection, so far as to take bribes +from them? Do you perceive anything in their +local situation that should distinguish them from other +provinces of Bengal? What is the reason why +Dinagepore, Patna, Nuddea, should have the post of +honor assigned them? What reason can be given for +not taking bribes also from Burdwan, from Bissunpore, +in short, from all the sixty-eight collections +which comprise the revenues of Bengal, and for selecting +only three? How came he, I say, to be so +wicked a servant, that, out of sixty-eight divisions, +he chose only three to supply the exigencies of the +Company? He did not do his duty in making this +distinction, if he thought that bribery was the best +way of supplying the Company's treasury, and that +it formed the most useful and effectual resource for +them,—which he has declared over and over again. +Was it right to lay the whole weight of bribery, ex<span class='pagenum'><a name="Page_440" id="Page_440">{440}</a></span>tortion, +and oppression upon those three provinces, +and neglect the rest? No: you know, and must +know, that he who extorts from three provinces will +extort from twenty, if there are twenty. You have +a standard, a measure of extortion, and that is all: <i>ex +pede Herculem</i>: guess from thence what was extorted +from all Bengal. Do you believe he could be so cruel +to these provinces, so partial to the rest, as to charge +them with that load, with 95,000<i>l.</i>, knowing the +heavy oppression they were sinking under, and leave +all the rest untouched? You will judge of what +is concealed from us by what we have discovered +through various means that have occurred, in consequence +both of the guilty conscience of the person +who confesses the fact with respect to these provinces, +and of the vigor, perseverance and sagacity +of those who have forced from him that discovery. +It is not, therefore, for me to say that the 100,000<i>l.</i> +and 95,000<i>l.</i> only were taken. Where the circumstances +entitle me to go on, I must not be stopped, +but at the boundary where human nature has fixed +a barrier.</p> + +<p>You have now before you the true reason why he +did not choose that this affair should come before a +court of justice. Rather than this exposure should +be made, he to-day would call for the mountains to +cover him: he would prefer an inquiry into the business +of the three seals, into anything foreign to the +subject I am now discussing, in order to keep you +from the discovery of that gross bribery, that shameful +peculation, that abandoned prostitution and corruption, +which he has practised with indemnity and +impunity to this day, from one end of India to the +other.<span class='pagenum'><a name="Page_441" id="Page_441">{441}</a></span></p> + +<p>At the head of the only account we have of these +transactions stands Dinagepore; and it now only remains +for me to make some observations upon Mr. +Hastings's proceedings in that province. Its name, +then, and that money was taken from it, is all that +appears; but from whom, by what hands, by what +means, under what pretence it was taken, he has not +told you, he has not told his employers. I believe, +however, I can tell from whom it was taken, and I +believe it will appear to your Lordships that it must +have been taken from the unhappy Rajah of Dinagepore; +and I shall in a very few words state the circumstances +attending, and the service performed for +it: from these you will be able to form a just opinion +concerning this bribe.</p> + +<p>Dinagepore, a large province, was possessed by +an ancient family, the last of which, about the year +1184 of their era, the Rajah Bija Naut, had no legitimate +issue. When he was at the point of death, he +wished to exclude from the succession to the zemindary +his half-brother, Cantoo Naut, with whom he +had lived upon ill terms for many years, by adopting +a son. Such an adoption, when a person has a half-brother, +as he had, in my poor judgment is not countenanced +by the Gentoo laws. But Gunga Govind +Sing, who was placed, by the office he held, at the +head of the registry, where the records were kept +by which the rules of succession according to the +custom of the country are ascertained, became master +of these Gentoo laws; and through his means +Mr. Hastings decreed in favor of the adoption. We +find that immediately after this decree Gunga Govind +Sing received a cabooleat on Dinagepore for the +sum of 40,000<i>l.</i>, of which it appears that he has<span class='pagenum'><a name="Page_442" id="Page_442">{442}</a></span> +actually exacted 30,000<i>l.</i>, though he has paid to Mr. +Hastings only 20,000<i>l.</i> We find, before the young +Rajah had been in possession a year, his natural +guardians and relations, on one pretence or another, +all turned out of their offices. The peshcush, or +fixed annual rent, payable to the Company for his +zemindary, fell into arrear, as might naturally be +expected, from the Rajah's inability to pay both his +rent and this exorbitant bribe, extorted from a ruined +family. Instantly, under pretext of this arrearage, +Gunga Govind Sing, and the fictitious Committee +which Mr. Hastings had made for his wicked +purposes, composed of Mr. Anderson, Mr. Shore, and +Mr. Croftes, who were but the tools, as they tell us +themselves, of Gunga Govind Sing, gave that monster +of iniquity, Debi Sing, the government of this +family. They put this noble infant, this miserable +Rajah, together with the management of the provinces +of Dinagepore and Rungpore, into his wicked +and abominable hands, where the ravages he committed +excited what was called a rebellion, that +forced him to fly from the country, and into which I +do not wonder he should be desirous that a political +and not a juridical inquiry should be made. The savage +barbarities which were there perpetrated I have +already, in the execution of my duty, brought before +this House and my country; and it will be seen, +when we come to the proof, whether what I have +asserted was the effect either of a deluded judgment +or disordered imagination, and whether the facts I +state cannot be substantiated by authentic reports, +and were none of my invention, and, lastly, whether +the means that were taken to discredit them do not +infinitely aggravate the guilt of the offenders. Mr.<span class='pagenum'><a name="Page_443" id="Page_443">{443}</a></span> +Hastings wanted to fly from judicial inquiry; he +wanted to put Debi Sing anywhere but in a court +of justice. A court of justice, where a direct assertion +is brought forward, and a direct proof applied +to it, is an element in which he cannot live for a +moment. He would seek refuge anywhere, even in +the very sanctuary of his accusers, rather than abide +a trial with him in a court of justice. But the House +of Commons was too just not to send him to this +tribunal, whose justice they cannot doubt, whose +penetration he cannot elude, and whose decision will +justify those managers whose characters he attempted +to defame.</p> + +<p>But this is not all. We find, that, after the cruel +sale of this infant, who was properly and directly +under the guardianship of the Company, (for the +Company acts as steward and dewan of the province, +which office has the guardianship of minors,) after +he had been robbed of 40,000<i>l.</i> by the hands of +Gunga Govind Sing, and afterwards, under pretence +of his being in debt to the Company, delivered into +the hands of that monster, Debi Sing, Mr. Hastings, +by way of anticipation of these charges, and in answer +to them, has thought proper to produce the +certificate from this unfortunate boy which I will +now again read to you.</p> + +<div class="blockquote"><p>"I, Radanaut, Zemindar of Purgunnah Havelly +Punjera, commonly called Dinagepore:—As it has +been learnt by me, the mutsuddies, and the respectable +officers of my zemindary, that the ministers +of England are displeased with the late Governor, +Warren Hastings, Esquire, upon the suspicion that +he oppressed us, took money from us by deceit and<span class='pagenum'><a name="Page_444" id="Page_444">{444}</a></span> +force, and ruined the country; therefore we, upon +the strength of our religion, which we think it incumbent +on and necessary for us to abide by, following +the rules laid down in giving evidence, declare +the particulars of the acts and deeds of Warren Hastings, +Esquire, full of circumspection and caution, +civility and justice, superior to the caution of the +most learned, and, by representing what is fact, wipe +away the doubts that have possessed the minds of +the ministers of England: that Mr. Hastings is possessed +of fidelity and confidence, and yielding protection +to us; that he is clear of the contamination of +mistrust and wrong, and his mind is free of covetousness +or avarice. During the time of his administration, +no one saw other conduct than that of protection +to the husbandmen, and justice; no inhabitant +ever experienced afflictions, no one ever felt oppression +from him. Our reputations have always been +guarded from attacks by his prudence, and our families +have always been protected by his justice. He +never omitted the smallest instance of kindness towards +us, but healed the wounds of despair with the +salve of consolation, by means of his benevolent and +kind behavior, never permitting one of us to sink +in the pit of despondence. He supported every one +by his goodness, overset the designs of evil-minded +men by his authority, tied the hands of oppression +with the strong bandage of justice, and by these means +expanded the pleasing appearance of happiness and +joy over us. He reëstablished justice and impartiality. +We were, during his government, in the enjoyment +of perfect happiness and ease, and many of +us are thankful and satisfied. As Mr. Hastings was +well acquainted with our manners and customs, he<span class='pagenum'><a name="Page_445" id="Page_445">{445}</a></span> +was always desirous, in every respect, of doing +whatever would preserve our religious rites, and +guard them against every kind of accident and injury, +and at all times protected us. Whatever we +have experienced from him, and whatever happened +from him, we have written without deceit or exaggeration."</p></div> + +<p>My Lords, this Radanaut, zemindar of the purgunnah, +who, as your Lordships hear, bears evidence upon +oath to all the great and good qualities of the Governor, +and particularly to his absolute freedom from covetousness,—this +person, to whom Mr. Hastings appeals, +was, as the Committee state, a boy between five and +six years old at the time when he was given into the +hands of Debi Sing, and when Mr. Hastings left Bengal, +which was in 1786 [1785?], was between eleven +and twelve years old. This is the sort of testimony +that Mr. Hastings produces, to prove that he was clear +from all sort of extortion, oppression, and covetousness, +in this very zemindary of Dinagepore. This boy, who +is so observant, who is so penetrating, who is so accurate +in his knowledge of the whole government of Mr. +Hastings, was, I say, when he left his government, at +the utmost, but eleven years and a half old. Now to +what an extremity is this unhappy man at your bar +driven, when, oppressed by this accumulative load of +corruption charged upon him, and seeing his bribery, +his prevarication, his fraudulent bonds brought before +you, he gives the testimony of this child, who for the +greatest part of his time lived three hundred miles +from the seat of Mr. Hastings's government! Consider +the miserable situation of this poor, unfortunate +boy, made to swear, with all the solemnities of his<span class='pagenum'><a name="Page_446" id="Page_446">{446}</a></span> +religion, that Mr. Hastings was never guilty in his +province of any act of rapacity! Such are the testimonies, +which are there called <i>razinamas</i>, in favor +of Mr. Hastings, with which all India is said to +sound. Do we attempt to conceal them from your +Lordships? No, we bring them forth, to show you +the wickedness of the man, who, after he has robbed +innocence, after he has divided the spoil between Gunga +Govind Sing and himself, gets the party robbed to +perjure himself for his sake,—if such a creature is +capable of being guilty of perjury. We have another +razinama sent from Nuddea, by a person nearly +under the same circumstances with Radanaut, namely, +Maha Rajah Dirauje Seo Chund Behadre, only +made to differ in some expressions from the former, +that it might not appear to originate from the same +hand. These miserable razinamas he delivers to +you as the collected voice of the country, to show +how ill-founded the impressions are which committees +of the House of Commons (for to them they allude, +I suppose) have taken concerning this man, during +their inquiries into the management of the affairs of +the Company in India.</p> + +<p>Before I quit this subject, I have only to give you +the opinion of Sir Elijah Impey, a name consecrated +to respect forever, (your Lordships know him in this +House as well as I do,) respecting these petitions and +certificates of good behavior.</p> + +<div class="blockquote"> +<p>"From the reasons and sentiments that they contain," +&c.<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor" title=" This document cannot be found">[9]</a></p></div> + + +<p>The moment an Englishman appears, as this gentleman +does, in the province of Dinagepore, to collect<span class='pagenum'><a name="Page_447" id="Page_447">{447}</a></span> +certificates for Mr. Hastings, it is a command for them, +the people, to say what he pleases.</p> + +<p>And here, my Lords, I would wish to say something +of the miserable situation of the people of that country; +but it is not in my commission, and I must be +silent, and shall only request your Lordships to observe +how this crime of bribery grows in its magnitude. +First, the bribe is taken, through Gunga Govind Sing, +from this infant, for his succession to the zemindary. +Next follows the removal from their offices, and consequent +ruin, of all his nearest natural relations. +Then the delivery of the province to Debi Sing, upon +the pretence of the arrears due to the Company, with +all the subsequent horrors committed under the management +of that atrocious villain. And lastly, the +gross subornation of perjury, in making this wretched +minor, under twelve years of age, bear testimony +upon oath to the good qualities of Mr. Hastings +and of his government,—this minor, I say, who +lived three hundred miles from the seat of his government, +and who, if he knew anything at all of his +own affairs, must have known that Mr. Hastings was +the cause of all his sufferings.</p> + +<hr style="width: 45%;" /> + +<p>My Lords, I have now gone through the whole of +what I have in charge. I have laid before you the +covenants by which the Company have thought fit to +guard against the avarice and rapacity of their Governors. +I have shown that they positively forbid the +taking of all sorts of bribes and presents; and I have +stated the means adopted by them for preventing the +evasion of their orders, by directing, in all money +transactions, the publicity of them. I have farther +shown, that, in order to remove every temptation to<span class='pagenum'><a name="Page_448" id="Page_448">{448}</a></span> +a breach of their orders, the next step was the framing +a legal fiction, by which presents and money, under +whatever pretence taken, were made the legal +property of the Company, in order to enable them to +recover them out of any rapacious hands that might +violate the new act of Parliament. I have also +stated this act of Parliament. I have stated Mr. +Hastings's sense of it. I have stated the violation +of it by his taking bribes from all quarters. I have +stated the fraudulent bonds by which he claimed +a security for money as his own which belonged to +the Company. I have stated the series of frauds, +prevarications, concealments, and all that mystery +of iniquity, which I waded through with pain to +myself, I am sure, and with infinite pain, I fear, to +your Lordships. I have shown your Lordships that +his evasions of the clear words of his covenant and +the clear words of an act of Parliament were such +as did not arise from an erroneous judgment, but +from a corrupt intention; and I believe you will +find that his attempt to evade the law aggravates infinitely +his guilt in breaking it. In all this I have +only <i>opened</i> to you the package of this business; I +have opened it to ventilate it, and give air to it; I +have opened it, that a quarantine might be performed,—that +the sweet air of heaven, which is +polluted by the poison it contains, might be let +loose upon it, and that it may be aired and ventilated +before your Lordships touch it. Those who +follow me will endeavor to explain to your Lordships +what Mr. Hastings has endeavored to involve in mystery, +by bringing proof after proof that every bribe +that was here concealed was taken with corrupt purposes +and followed with the most pernicious <span class='pagenum'><a name="Page_449" id="Page_449">{449}</a></span>consequences. +These are things which will be brought +to you in proof. I have only regarded the system +of bribery; I have endeavored to show that it is a +system of mystery and concealment, and consequently +a system of fraud.</p> + +<p>You now see some of the means by which fortunes +have been made by certain persons in India; +you see the confederacies they have formed with one +another for their mutual concealment and mutual +support; you will see how they reply to their own +deceitful inquiries by fraudulent answers; you will +see that Cheltenham calls upon Calcutta, as one +deep calls upon another, and that the call which +is made for explanation is answered in mystery; in +short, you will see the very constitution of their +minds here developed.</p> + +<p>And now, my Lords, in what a situation are we +all placed! This prosecution of the Commons, I +wish to have it understood, and I am sure I shall +not be disclaimed in it, is a prosecution not only +for the punishing a delinquent, a prosecution not +merely for preventing this and that offence, but it +is a great censorial prosecution, for the purpose of +preserving the manners, characters, and virtues that +characterize the people of England. The situation +in which we stand is dreadful. These people pour +in upon us every day. They not only bring with +them the wealth which they have acquired, but they +bring with them into our country the vices by which +it was acquired. Formerly the people of England +were censured, and perhaps properly, with being a +sullen, unsocial, cold, unpleasant race of men, and as +inconstant as the climate in which they are born. +These are the vices which the enemies of the king<span class='pagenum'><a name="Page_450" id="Page_450">{450}</a></span>dom +charged them with: and people are seldom +charged with vices of which they do not in some +measure partake. But nobody refused them the +character of being an open-hearted, candid, liberal, +plain, sincere people,—qualities which would cancel +a thousand faults, if they had them. But if, by conniving +at these frauds, you once teach the people +of England a concealing, narrow, suspicious, guarded +conduct,—if you teach them qualities directly +the contrary to those by which they have hitherto +been distinguished,—if you make them a nation +of concealers, a nation of dissemblers, a nation of +liars, a nation of forgers,—my Lords, if you, in +one word, turn them into a people of <i>banians</i>, the +character of England, that character which, more +than our arms, and more than our commerce, has +made us a great nation, the character of England +will be gone and lost.</p> + +<p>Our liberty is as much in danger as our honor +and our national character. We, who here appear +representing the Commons of England, are not wild +enough not to tremble both for ourselves and for our +constituents at the effect of riches. <i>Opum metuenda +potestas.</i> We dread the operation of money. Do +we not know that there are many men who wait, and +who indeed hardly wait, the event of this prosecution, +to let loose all the corrupt wealth of India, acquired +by the oppression of that country, for the corruption +of all the liberties of this, and to fill the Parliament +with men who are now the object of its indignation? +To-day the Commons of Great Britain prosecute the +delinquents of India: to-morrow the delinquents of +India may be the Commons of Great Britain. We +know, I say, and feel the force of money; and we<span class='pagenum'><a name="Page_451" id="Page_451">{451}</a></span> +now call upon your Lordships for justice in this cause +of money. We call upon you for the preservation of +our manners, of our virtues. We call upon you +for our national character. We call upon you for +our liberties; and hope that the freedom of the Commons +will be preserved by the justice of the Lords.</p> + + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> This document cannot be found</p></div> +</div> + +<hr style="width: 65%;" /> + +<h3>END OF VOL. X.</h3> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Works of the Right Honourable +Edmund Burke, Vol. X. (of 12), by Edmund Burke + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WORKS OF THE RIGHT *** + +***** This file should be named 18192-h.htm or 18192-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/8/1/9/18192/ + +Produced by Paul Murray, Susan Skinner and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliothèque nationale de France (BnF/Gallica) at +http://gallica.bnf.fr) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card +donations. To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +*** END: FULL LICENSE *** + + + +</pre> + +</body> +</html> + |