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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:53:02 -0700 |
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| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:53:02 -0700 |
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(of XII.), 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. XII. (of XII.) + +Author: Edmund Burke + +Release Date: May 5, 2006 [EBook #18315] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK WORKS OF EDMUND BURKE *** + + + + +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> + + + + + + +<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 TWELFTH</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_XII" id="CONTENTS_OF_VOL_XII"></a>CONTENTS OF VOL. XII.</h2> + + +<ul class="TOC"><li><a href="#SPEECHES">SPEECHES IN THE IMPEACHMENT OF WARREN HASTINGS, +ESQUIRE, LATE GOVERNOR-GENERAL OF BENGAL. (CONTINUED.)</a></li> + +<li><ul class="TOCSub"><li> <a href="#SPEECHES">SPEECH IN GENERAL REPLY.</a></li> +<li><ul class="TOCSub"> <li><a href="#FIFTH_DAY_SATURDAY_JUNE_7_1794">FIFTH DAY: SATURDAY, JUNE 7, 1794</a> <span class="tocright"><a href="#Page_3">3</a></span></li> +<li> <a href="#SIXTH_DAY_WEDNESDAY_JUNE_11_1794">SIXTH DAY: WEDNESDAY, JUNE 11</a> <span class="tocright"><a href="#Page_75">75</a></span></li> +<li> <a href="#SEVENTH_DAY_THURSDAY_JUNE_12_1794">SEVENTH DAY: THURSDAY, JUNE 12</a> <span class="tocright"><a href="#Page_143">143</a></span></li> +<li> <a href="#EIGHTH_DAY_SATURDAY_JUNE_14_1794">EIGHTH DAY: SATURDAY, JUNE 14</a> <span class="tocright"><a href="#Page_235">235</a></span></li> +<li> <a href="#NINTH_DAY_MONDAY_JUNE_16_1794">NINTH DAY: MONDAY, JUNE 16</a> <span class="tocright"><a href="#Page_335">335</a></span></li></ul></li></ul></li> + + +<li><a href="#GENERAL_TABLE_OF_CONTENTS">GENERAL TABLE OF CONTENTS</a> <span class="tocright"><a href="#Page_401">401</a></span></li> + +<li><a href="#INDEX">INDEX</a> <span class="tocright"><a href="#Page_407">407</a></span></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" id="SPEECHES"></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>SPEECH IN GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">(CONTINUED.)</span> +<br /> +<span style="font-size: 50%;">June, 1794.</span></h2> +<p><span class='pagenum'><a name="Page_2" id="Page_2">{2}</a></span></p> + + + +<hr style="width: 65%;" /> +<p><span class='pagenum'><a name="Page_3" id="Page_3">{3}</a></span></p> + +<h2><a name="FIFTH_DAY_SATURDAY_JUNE_7_1794" id="FIFTH_DAY_SATURDAY_JUNE_7_1794"></a>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">FIFTH DAY: SATURDAY, JUNE 7, 1794.</span></h2> + + +<p>My Lords,—We will now resume the consideration +of the remaining part of our charge, and +of the prisoner's attempts to defend himself against it.</p> + +<p>Mr. Hastings, well knowing (what your Lordships +must also by this time be perfectly satisfied was the +case) that this unfortunate Nabob had no will of his +own, draws down his poor victim to Chunar by an +order to attend the Governor-General. If the Nabob +ever wrote to Mr. Hastings, expressing a request or +desire for this meeting, his letter was unquestionably +dictated to him by the prisoner. We have laid +a ground of direct proof before you, that the Nabob's +being at Chunar, that his proceedings there, and that +all his acts were so dictated, and consequently must +be so construed.</p> + +<p>I shall now proceed to lay before your Lordships +the acts of oppression committed by Mr. Hastings +through his two miserable instruments: the one, his +passive instrument, the Nabob; the other, Mr. Middleton, +his active instrument, in his subsequent plans +for the entire destruction of that country. In page +513 of the printed Minutes you have Mr. Middleton's +declaration of his promptitude to represent everything +agreeably to Mr. Hastings's wishes.</p> +<p><span class='pagenum'><a name="Page_4" id="Page_4">{4}</a></span></p> + +<div class="blockquote"><p>"My dear Sir,—I have this day answered your +public letter in the form you seemed to expect. I +hope there is nothing in it that may to you appear too +pointed. If you wish the matter to be otherwise understood +than I have taken up and stated it, I need +not say I shall be ready to conform to whatever you +may prescribe, and to take upon myself any share of +the blame of the hitherto non-performance of the stipulations +made on behalf of the Nabob; though I do +assure you I myself represented to his Excellency and +the ministers, conceiving it to be your desire, that the +apparent assumption of the reins of his government, +(for in that light he undoubtedly considered it at +the first view,) as specified in the agreement executed +by him, was not meant to be fully and literally +enforced, but that it was necessary you should have +something to show on your side, as the Company +were deprived of a benefit without a requital; and +upon the faith of this assurance alone, I believe I +may safely affirm, his Excellency's objections to signing +the treaty were given up. If I have understood +the matter wrong, or misconceived your design, I am +truly sorry for it. However, it is not too late to correct +the error; and I am ready to undertake, and, +God willing, to carry through, whatever you may, on +the receipt of my public letter, tell me is your final +resolve.</p> + +<p>"If you determine, at all events, that the measures +of reducing the Nabob's army, &c., shall be immediately +undertaken, I shall take it as a particular favor, +if you will indulge me with a line at Fyzabad, that I +may make the necessary previous arrangements with +respect to the disposal of my family, which I would +not wish to retain here, in the event either of a rupture +with the Nabob, or the necessity of employing<span class='pagenum'><a name="Page_5" id="Page_5">{5}</a></span> +our forces on the reduction of his aumils and troops. +This done, I can begin the work in three days after +my return from Fyzabad."</p></div> + +<p>Besides this letter, which I think is sufficiently +clear upon the subject, there is also another much +more clear upon your Lordships' minutes, much +more distinct and much more pointed, expressive of +his being resolved to make such representations of +every matter as the Governor-General may wish. +Now a man who is master of the manner in which +facts are represented, and whose subsequent conduct +is to be justified by such representations, is not simply +accountable for his conduct; he is accountable +for culpably attempting to form, on false premises, +the judgment of others upon that conduct. This +species of delinquency must therefore be added to +the rest; and I wish your Lordships to carry generally +in your minds, that there is not one single syllable +of representation made by any of those parties, +except where truth may happen to break out in spite +of all the means of concealment, which is not to be +considered as the representation of Mr. Hastings himself +in justification of his own conduct.</p> + +<p>The letter which I have just now read was written +preparatory to the transaction which I am now going +to state, called <i>the treaty of Chunar</i>. Having brought +his miserable victim thither, he forced him to sign a +paper called a treaty: but such was the fraud in +every part of this treaty, that Mr. Middleton himself, +who was the instrument and the chief agent in +it, acknowledges that the Nabob was persuaded to +sign it by the assurance given to him that it never +was to be executed. Here, then, your Lordships<span class='pagenum'><a name="Page_6" id="Page_6">{6}</a></span> +have a prince first compelled to enter into a negotiation, +and then induced to accede to a treaty by false +assurances that it should not be executed, which +he declares nothing but force should otherwise have +compelled him to accede to.</p> + +<p>The first circumstance in this transaction that I +shall lay before your Lordships is that the treaty is +declared to have for its objects two modes of relieving +the Nabob from his distresses,—from distresses +which we have stated, and which Mr. Hastings +has not only fully admitted, but has himself proved +in the clearest manner to your Lordships. The +first was by taking away that <i>wicked rabble</i>, the British +troops, represented by Mr. Hastings as totally +ruinous to the Nabob's affairs, and particularly by +removing that part of them which was called the +new brigade. Another remedial part of the treaty +regarded the British pensioners. It is in proof before +your Lordships that Mr. Hastings agreed to recall +from Oude that body of pensioners, whose conduct +there is described in such strong terms as being +ruinous to the Vizier and to all his affairs. These +pensioners Mr. Hastings engaged to recall; but he +never did recall them. We refer your Lordships to +the evidence before you, in proof that these odious +pensioners, so distressing to the Nabob, so ruinous +to his affairs, and so disgraceful to our government, +were not only <i>not</i> recalled by Mr. Hastings, but that, +both afterwards, and upon the very day of signing +the treaty, (as Mr. Middleton himself tells you,) upon +that very day, I say, he recommended to the Nabob +that these pensioners might remain upon that +very establishment which, by a solemn treaty of his +own making and his own dictating, he had agreed<span class='pagenum'><a name="Page_7" id="Page_7">{7}</a></span> +to relieve from this intolerable burden.</p> + +<p>Mr. Hastings, your Lordships will remember, had +departed from Benares, frustrated in his designs +of extorting 500,000<i>l.</i> from the Rajah for the Company's +use. He had ravaged the country, without +obtaining any benefit for his masters: the British +soldiers having divided the only spoil, and nothing +remaining for the share of his employers but disgrace. +He was therefore afraid to return without +having something of a lucrative pecuniary nature +to exhibit to the Company. Having this object in +view, Oude appears to have first presented itself to +his notice, as a country from which some advantage +of a pecuniary kind might be derived; and accordingly +he turned in his head a vast variety of +stratagems for effecting his purpose.</p> + +<p>The first article that occurs in the treaty of Chunar +is a power given to the Nabob to resume all +the jaghires not guarantied by the Company, and to +give pensions to all those persons who should be +removed from their jaghires.</p> + +<p>Now the first thing which would naturally occur +to a man, who was going to raise a revenue through +the intervention of the prince of the country, would +be to recommend to that prince a better economy +in his affairs, and a rational and equal assessment +upon his subjects, in order to furnish the amount +of the demand which he was about to make upon +him. I need not tell your Lordships, trained and +formed as your minds are to the rules and orders +of good government, that there is no way by which +a prince can justly assess his subjects but by assessing +them all in proportion to their respective abilities, +and that, if a prince should make such a body<span class='pagenum'><a name="Page_8" id="Page_8">{8}</a></span> +as the House of Lords in this kingdom (which comes +near the case I am going to state) separately the +subject of assessment, such a thing would be contrary +to all the principles of regular and just taxation +in any country in the universe. Some men may +possibly, by locality or privileges, be excepted from +certain taxes, but no taxation ever can be just that +is thrown upon some particular class only; and if +that class happen to be small and the demand great, +the injustice done is directly proportionable to the +greatness of the exaction, and inversely to the number +of the persons who are the objects of it: these +are clear, irrefragable, and eternal principles. But +if, instead of exacting a part by a proportionable rate, +the prince should go further and attempt to shake +the whole mass of property itself, a mass perhaps not +much less than that which is possessed by the whole +peers of Great Britain, by confiscating the whole of +the estates at once, as a government resource, without +the charge or pretence of any crime, I say that +such an act would be oppressive, cruel, and wicked +in the highest degree. Yet this is what Mr. Hastings +projected, and actually did accomplish.</p> + +<p>My Lords, at the treaty of Chunar, as it is called, +Mr. Hastings (for he always artfully feels his way +as he proceeds) first says, that the Nabob shall be +permitted to do this act, if he pleases. He does not +assume the government. He does not compel the +Nabob to do anything. He does not force upon him +this abandoned and wicked confiscation of the property +of the whole nobility of a great country. All that +he says is this,—"The Nabob <i>may be permitted</i> to +resume these jaghires." Why permitted? If the act +had been legal, proper, and justifiable, he did n<span class='pagenum'><a name="Page_9" id="Page_9">{9}</a></span>ot +want our permission; he was a sovereign in his own +dominions. But Mr. Hastings recollected that some +of these jaghires (as they are called, and on which +I shall say a very few words to your Lordships) were +guarantied by the Company. The jaghires of his +own house, of his mother and grandmother, were +guarantied by us. I must inform your Lordships, +that, upon some of our other exactions at an earlier +period, the Nabob had endeavored to levy a forced +loan upon the jaghiredars. This forced loan was +made and submitted to by those people upon a direct +assurance of their rights in the jaghires, which right +was guarantied by the British Resident, not only to +the Begums, and to the whole family of the Nabob, +but also to all the other objects of the tax.</p> + +<p>Before I proceed, I will beg leave to state to you +briefly the nature of these jaghires. The jaghiredars, +the holders of jaghires, form the body of the principal +Mahometan nobility. The great nobility of that +country are divided into two parts. One part consists +of the zemindars, who are the ancient proprietors +of land, and the hereditary nobility of the country: +these are mostly Gentoos. The Mahometans form +the other part, whose whole interest in the land consists +in the jaghires: for very few indeed of them are +zemindars anywhere, in some of the provinces none +of them are so; the whole of them are jaghiredars.</p> + +<p>We have heard, my Lords, much discussion about +jaghires. It is in proof before your Lordships that +they are of two sorts: that a jaghire signifies exactly +what the word <i>fee</i> does in the English language, or +<i>feodum</i> in the barbarous Latin of the Feudists; that +it is a word which signifies a salary or a maintenance, +as did originally the English word <i>fee</i>, derived <span class='pagenum'><a name="Page_10" id="Page_10">{10}</a></span>from +the word <i>feod</i> and <i>feodum</i>. These jaghires, like other +fees and like other feods, were given in land, as +a maintenance: some with the condition of service, +some without any condition; some were annexed to +an office, some were granted as the support of a dignity, +and none were granted for a less term than life, +except those that were immediately annexed to a +lease. We have shown your Lordships (and in this +we have followed the example of Mr. Hastings) that +some of them are fees granted actually in perpetuity; +and in fact many of them are so granted. We +are farther to tell your Lordships, that by the custom +of the empire they are almost all grown, as the feods +in Europe are grown, by use, into something which +is at least virtually an inheritance. This is the state +of the jaghires and jaghiredars.</p> + +<p>Among these jaghires we find, what your Lordships +would expect to find, an ample provision for +all the nobility of that illustrious family of which the +Nabob is the head: a prince whose family, both by +father and mother, notwithstanding the slander of +the prisoner against his benefactor, was undoubtedly +of the first and most distinguished nobility of the +Mahometan empire. Accordingly, his uncles, all his +near relations, his mother, grandmother, all possessed +jaghires, some of very long standing, and most of +them not given by the Nabob.</p> + +<p>I take some pains in explaining this business, because +I trust your Lordships will have a strong feeling +against any confiscation for the purpose of revenue. +Believe me, my Lords, if there is anything +which will root the present order of things out of +Europe, it will begin, as we see it has already begun +in a neighboring country, by confiscating, for the<span class='pagenum'><a name="Page_11" id="Page_11">{11}</a></span> +purposes of the state, grants made to classes of +men, let them be held by what names or be supposed +susceptible of what abuses soever. I will venture to +say that Jacobinism never can strike a more deadly +blow against property, rank, and dignity than your +Lordships, if you were to acquit this man, would +strike against your own dignity, and the very being +of the society in which we live.</p> + +<p>Your Lordships will find in your printed Minutes +who the jaghiredars were, and what was the amount +of their estates. The jaghires of which Mr. Hastings +authorized the confiscation, or what he calls a <i>resumption</i>, +appear from Mr. Purling's account, when +first the forced loan was levied upon them under his +Residentship, to amount to 285,000<i>l.</i> sterling per annum; +which 285,000<i>l.</i>, if rated and valued according +to the different value of provisions and other necessaries +of life in that country and in England, will +amount, as near as may be, to about 600,000<i>l.</i> a year. +I am within compass. Everybody conversant with +India will say it is equivalent at least to 600,000<i>l.</i> +a year in England; and what a blow such a confiscation +as this would be on the fortunes of the peers of +Great Britain your Lordships will judge. I like to +see your estates as great as they are; I wish they +were greater than they are; but whatever they are, +I wish, above all that they should be perpetual. For +dignity and property in this country, <i>Esto perpetua</i> +shall be my prayer this day, and the last prayer of +my life. The Commons, therefore, of Great Britain, +those guardians of property, who will not suffer the +monarch they love, the government which they +adore, to levy one shilling upon the subject in any +other way than the law and statutes of this kingdom<span class='pagenum'><a name="Page_12" id="Page_12">{12}</a></span> +prescribe, will not suffer, nor can they bear the idea, +that any single class of people should be chosen to be +the objects of a contrary conduct, nor that even the +Nabob of Oude should be permitted to act upon such +a flagitious principle. When an English governor +has substituted a power of his own instead of the legal +government of the country, as I have proved this +man to have done, if he found the prince going to do +an act which would shake the property of all the nobility +of the country, he surely ought to raise his +hand and say, "You shall not make my name your +sanction for such an atrocious and abominable act as +this confiscation would be."</p> + +<p>Mr. Hastings, however, whilst he gives, with an urbanity +for which he is so much praised, his consent +to this confiscation, adds, there must be pensions +secured for all persons losing their estates, who had +the security of our guaranty. Your Lordships know +that Mr. Hastings, by his guaranty, had secured their +jaghires to the Nabob's own relations and family. +One would have imagined, that, if the estates of +those who were without any security were to be confiscated +at his pleasure, those at least who were guarantied +by the Company, such as the Begums of Oude +and several of the principal nobility of the Nabob's +family, would have been secure. He, indeed, says +that pensions shall be given them; for at this time he +had not got the length of violating, without shame or +remorse, all the guaranties of the Company. "There +shall," says he, "be pensions given." If pensions were +to be given to the value of the estate, I ask, What +has this violent act done? You shake the security +of property, and, instead of suffering a man to gather +his own profits with his own hands, you turn him<span class='pagenum'><a name="Page_13" id="Page_13">{13}</a></span> +into a pensioner upon the public treasury. I can +conceive that such a measure will render these persons +miserable dependants instead of independent +nobility; but I cannot conceive what financial object +can be answered by paying that in pension which you +are to receive in revenue. This is directly contrary +to financial economy. For when you stipulate to +pay out of the treasury of government a certain pension, +and take upon you the receipts of an estate, you +adopt a measure by which government is almost sure +of being a loser. You charge it with a certain fixed +sum, and, even upon a supposition that under the +management of the public the estate will be as productive +as it was under the management of its private +owner, (a thing highly improbable,) you take your +chance of a reimbursement subject to all the extra +expense, and to all the accidents that may happen to +a public revenue. This confiscation could not, therefore, +be justified as a measure of economy; it must +have been designed merely for the sake of shaking +and destroying the property of the country.</p> + +<p>The whole transaction, my Lords, was an act of +gross violence, ushered in by a gross fraud. It appears +that no pensions were ever intended to be paid; +and this you will naturally guess would be the event, +when such a strange metamorphosis was to be made +as that of turning a great landed interest into a pensionary +payment. As it could answer no other purpose, +so it could be intended for no other, than that +of getting possession of these jaghires by fraud. This +man, my Lords, cannot commit a robbery without +indulging himself at the same time in the practice of +his favorite arts of fraud and falsehood.</p> +<p><span class='pagenum'><a name="Page_14" id="Page_14">{14}</a></span></p> +<p>And here I must again remind your Lordships, +that at the time of the treaty of Chunar the jaghires +were held in the following manner. Of the 285,000<i>l.</i> +a year which was to be confiscated, the old grants of +Sujah Dowlah, [and?] the grandfather of the Nabob, +amounted to near two thirds of the whole, as you will +find in the paper to which we refer you. By this confiscation, +therefore, the Nabob was authorized to <i>resume</i> +grants of which he had not been the grantor.</p> + +<p class="center"> +[<i>Mr. Burke here read the list of the jaghires.</i>]<br /> +</p> + +<p>Now, my Lords, you see that all these estates, except +25,782<i>l.</i> a year, were either jaghires for the Nabob's +own immediate family, settled by his father upon +his mother, and by his father's father upon his grandmother, +and upon Salar Jung, his uncle, or were the +property of the most considerable nobility, to the +gross amount of 285,000<i>l.</i> Mr. Hastings confesses +that the Nabob reluctantly made the confiscation to +the extent proposed. Why? "Because," says he, +"the orderlies, namely, certain persons so called, subservient +to his debaucheries, were persons whom he +wished to spare." Now I am to show you that this +man, whatever faults he may have in his private morals, +(with which we have nothing at all to do,) has +been slandered throughout by Mr. Hastings. Take +his own account of the matter. "The Nabob," says +he, "would have confiscated all the rest, except his +orderlies, whom he would have spared; but I, finding +where his partiality lay, compelled him to sacrifice +the whole; for otherwise he would have sacrificed +the good to save the bad: whereas," says Mr. +Hastings, "in effect my principle was to sacrifice +the good, and at the same time to punish the bad." +Now compare the account he gives of the proceeding<span class='pagenum'><a name="Page_15" id="Page_15">{15}</a></span>s +of Asoph ul Dowlah with his own. Asoph ul +Dowlah, to save some unworthy persons who had +jaghires, would, if left to his own discretion, have +confiscated those only of the deserving; while Mr. +Hastings, to effect the inclusion of the worthless in +the confiscation, confiscates the jaghires of the innocent +and the virtuous men of high rank, and of those +who had all the ties of Nature to plead for the Nabob's +forbearance, and reduced them to a state of +dependency and degradation.</p> + +<p>Now, supposing these two villanous plans, neither +of which your Lordships can bear to hear the sound +of, to stand equal in point of morality, let us see +how they stand in point of calculation. The unexceptionable +part of the 285,000<i>l.</i> amounted to +260,000<i>l.</i> a year; whereas, supposing every part of +the new grants had been made to the most unworthy +persons, it only amounted to 25,000<i>l.</i> a year. Therefore, +by his own account, given to you and to the +Company, upon this occasion he has confiscated +260,000<i>l.</i> a year, the property of innocent, if not of +meritorious individuals, in order to punish by confiscation +those who had 25,000<i>l.</i> a year only. This +is the account he gives you himself of his honor, his +justice, and his policy in these proceedings.</p> + +<p>But, my Lords, he shall not escape so. It is in +your minutes, that so far was the Nabob from wishing +to save the new exceptionable grants, that, at the +time of the forced loan I have mentioned, and also +when the resumption was proposed, he was perfectly +willing to give up every one of them, and desired +only that his mother, his uncles, and his relations, +with other individuals, the prime of the Mahometan +nobility of that country, should be spared. Is it <span class='pagenum'><a name="Page_16" id="Page_16">{16}</a></span>not +enough that this poor Nabob, this wretched prince, is +made a slave to the man now standing at your bar, +that he is made by him a shame and a scandal to his +family, his race, and his country, but he must be +cruelly aspersed, and have faults and crimes attributed +to him that do not belong to him? I know +nothing of his private character and conduct: Mr. +Hastings, who deals in scandalous anecdotes, knows +them: but I take it upon the face of Mr. Purling's +assertion, and I say, that the Nabob would have consented +to an arbitrary taxation of the jaghires, and +would have given up to absolute confiscation every +man except those honorable persons I have mentioned.</p> + +<p>The prisoner himself has called Mr. Wombwell to +prove the names of those infamous persons with a +partiality for whom Mr. Hastings has aspersed the +Nabob, in order to lay the ground for the destruction +of his family. They amount to only six in number; +and when we come to examine these six, we find that +their jaghires were perfectly contemptible. The list +of the other jaghiredars, your Lordships see, fills up +pages; and the amount of their incomes I have already +stated. Your Lordships now see how inconsiderable, +both in number and amount, were the +culpable jaghires, in the destruction of which he has +involved the greater number and the meritorious. +You see that the Nabob never did propose any +exemption of the former at any time; that this was +a slander and a calumny on that unhappy man, in +order to defend the violent acts of the prisoner, who +has recourse to slander and calumny as a proper way +to defend violence, outrage, and wrongs.</p> +<p><span class='pagenum'><a name="Page_17" id="Page_17">{17}</a></span></p> +<p>We have now gone through the first stage of Mr. +Hastings's confiscation of the estates of these unhappy +people. When it came to be put in execution, Mr. +Middleton finds the Nabob reluctant in the greatest +degree to make this sacrifice of his family and of all +his nobility. It touched him in every way in which +shame and sympathy can affect a man. He falls at +the feet of Mr. Middleton; he says, "I signed the +treaty of Chunar upon an assurance that it was never +meant to be put in force." Mr. Middleton nevertheless +proceeds; he sends the family of the Nabob out +of the country; but he entertains fears of a general +revolt as the consequence of this tyrannical act, and +refers the case back to Mr. Hastings, who insists +upon its being executed in its utmost extent. The +Nabob again remonstrates in the strongest manner; +he begs, he prays, he dissembles, he delays. One +day he pretends to be willing to submit, the next he +hangs back, just as the violence of Mr. Hastings or +his own natural feelings and principles of justice +dragged him one way or dragged him another. Mr. +Middleton, trembling, and under the awe of that +<i>dreadful responsibility</i> under which your Lordships +may remember Mr. Hastings had expressly laid him +upon that occasion, ventures at once to usurp the +Nabob's government. He usurped it openly and +avowedly. He declared that he himself would issue +his purwannahs as governor of the country, for the +purpose of executing this abominable confiscation. +He assumed, I say, to himself the government of +the country, and Mr. Hastings had armed him +with a strong military force for that purpose; he +declared he would order those troops to march for +his support; he at last got this reluctant, struggling +Nabob to consent in the manner we have described.<span class='pagenum'><a name="Page_18" id="Page_18">{18}</a></span></p> + +<p>I shall now read to your Lordships Mr. Middleton's +letters, that you may hear these men with their own +mouths describing their own acts, and that your Lordships +may then judge whether the highest tone and +language of crimination comes up to their own description +of their own proceedings.</p> + +<div class="blockquote"><p class="quotdate"> +"<i>Lucknow, the 6th of Dec., 1781.</i> +</p> + +<p>"Finding the Nabob wavering in his determination +about the resumption of the jaghires, I this day, in +presence of, and with the minister's concurrence, +ordered the necessary purwannahs to be written to +the several aumils for that purpose, and it was my +firm resolution to have dispatched them this evening, +with proper people to see them punctually and +implicitly carried into execution; but before they +were all transcribed, I received a message from the +Nabob, who had been informed by the minister of +the resolution I had taken, entreating that I would +withhold the purwannahs till to-morrow morning, +when he would attend me, and afford me satisfaction +on this point. As the loss of a few hours in the +dispatch of the purwannahs appeared of little moment, +and as it is possible the Nabob, seeing that the +business will at all events be done, may make it an +act of his own, I have consented to indulge him in +his request; but, be the result of our interview +whatever it may, nothing shall prevent the orders +being issued to-morrow, either by him or myself, with +the concurrence of the ministers. Your pleasure respecting +the Begums I have learnt from Sir Elijah, +and the measure heretofore proposed will soon follow +the resumption of the jaghires; from both, or, indee<span class='pagenum'><a name="Page_19" id="Page_19">{19}</a></span>d, +from the former alone, I have no doubt of the +complete liquidation of the Company's balance."</p> + + +<p class="quotdate"> +"<i>Lucknow, the 7th Dec., 1781.</i><br /> +</p> + +<p>"My dear Sir,—I had the honor to address you +yesterday, informing you of the steps I had taken +in regard to the resumption of the jaghires. This +morning the Vizier came to me, according to his +agreement, but seemingly without any intention or +desire to yield me satisfaction on the subject under +discussion; for, after a great deal of conversation, +consisting on his part of trifling evasion and puerile +excuses for withholding his assent to the measure, +though at the same time professing the most implicit +submission to your wishes, I found myself without +any other resource than the one of employing that +exclusive authority with which I consider your instructions +to vest me. I therefore declared to the +Nabob, in presence of the minister and Mr. Johnson, +who I desired might bear witness of the conversation, +that I construed his rejection of the measure proposed +as a breach of his solemn promise to you, and +an unwillingness to yield that assistance which was +evidently in his power towards liquidating his heavy +accumulated debt to the Company, and that I must +in consequence determine, in my own justification, +to issue immediately the purwannahs, which had +only been withheld in the sanguine hope that he +would be prevailed upon to make that his own act, +which nothing but the most urgent necessity could +force me to make mine. He left me without any +reply, but afterwards sent for his minister, and authorized +him to give me hopes that my requisition +would be complied with; on which I expre<span class='pagenum'><a name="Page_20" id="Page_20">{20}</a></span>ssed my +satisfaction, but declared that I could admit of no +further delays, and, unless I received his Excellency's +formal acquiescence before the evening, I should +then most assuredly issue my purwannahs: which I +have accordingly done, not having had any assurances +from his Excellency that could justify a further +suspension. I shall as soon as possible inform +you of the effect of the purwannahs, which in many +parts I am apprehensive it will be found necessary to +enforce with military aid; I am not, however, entirely +without hopes that the Nabob, when he sees the +inefficacy of further opposition, may alter his conduct, +and prevent the confusion and disagreeable +consequences which would be too likely to result +from the prosecution of a measure of such importance +without his concurrence. His Excellency talks +of going to Fyzabad, for the purpose heretofore mentioned, +in three or four days; I wish he may be serious +in this intention, and you may rest assured I +shall spare no pains to keep him to it."</p> + + +<p class="quotdate"> +"<i>Lucknow, 28th December, 1781.</i><br /> +</p> + +<p>"If your new demand is to be insisted upon, +which your letter seems to portend, I must beg your +precise orders upon it; as, from the difficulties I have +within these few days experienced in carrying the +points you had enjoined with the Nabob, I have the +best grounds for believing that he would consider it +a direct breach of the late agreement, and totally reject +the proposal as such; and I must own to you, that, in +his present fermented state of mind, I could expect +nothing less than despair and a declared rupture.</p> + +<p>"He has by no means been yet able to furnish me +with means of paying off the arrears due to the<span class='pagenum'><a name="Page_21" id="Page_21">{21}</a></span> temporary +brigade, to the stipulated term of its continuance +in his service. The funds necessary for paying +off and discharging his own military establishment +under British officers, and his pension list, have been +raised, on the private credit of Mr. Johnson and myself, +from the shroffs of this place, to whom we are +at this moment pledged for many lacs of rupees; and +without such aid, which I freely and at all hazards +yielded, because I conceived it was your anxious desire +to relieve the Nabob as soon as possible of this +heavy burden, the establishment must have been at +his charge to this time, and probably for months to +come, while his resources were strained to the utmost +to furnish jaidads for its maintenance to this +period. I therefore hesitate not to declare it utterly +impossible for him, under any circumstances whatever, +to provide funds for the payment of the troops +you now propose to send him.</p> + +<p>"The wresting Furruckabad, Kyraghur, and Fyzoola +Khân's country from his government, (for in +that light, my dear Sir, I can faithfully assure you, he +views the measures adopted in respect to those countries,) +together with the resumption of all the jaghires, +so much against his inclination, have already +brought the Nabob to a persuasion that nothing less +than his destruction, or the annihilation of every +shadow of his power, is meant; and all my labors to +convince him to the contrary have proved abortive. +A settled melancholy has seized him, and his health +is reduced beyond conception; and I do most humbly +believe that the march of four regiments of +sepoys towards Lucknow, under whatever circumstances +it might be represented, would be considered +by him as a force ultimately to be used in s<span class='pagenum'><a name="Page_22" id="Page_22">{22}</a></span>ecuring +his person. In short, my dear Sir, it is a matter of +such immediate moment, and involving, apparently, +such very serious and important consequences, that I +have not only taken upon me to suspend the communication +of it to the Nabob until I should be honored +with your further commands, but have also ventured +to write the inclosed letter to Colonel Morgan: liberties +which I confidently trust you will excuse, when +you consider that I can be actuated by no other motive +than a zeal for the public service, and that, if, +after all, you determine that the measure shall be +insisted on, it will be only the loss of six or at most +eight days in proposing it. But in the last event, I +earnestly entreat your orders may be explicit and +positive, that I may clearly know what lengths you +would wish me to proceed in carrying them into execution. +I again declare it is my firm belief, and +assure yourself, my dear Mr. Hastings, I am not +influenced in this declaration by any considerations +but my public duty and my personal attachment to +you, that the enforcing the measure you have proposed +would be productive of an open rupture between +us and the Nabob; nay, that the first necessary +step towards carrying it into effect must be, on +our part, a declaration of hostility."</p></div> + +<p>Your Lordships have now before your eyes proofs, +furnished by Mr. Hastings himself from his correspondence +with Mr. Middleton, irrefragable proofs, +that this Nabob, who is stated to have made the proposition +himself, was dragged to the signature of it; +and that the troops which are supposed, and fraudulently +stated, (and I wish your Lordships particularly +to observe this,) to have been sent to assist h<span class='pagenum'><a name="Page_23" id="Page_23">{23}</a></span>im in +this measure, were considered by him as a body of +troops sent to imprison him, and to free him from +all the troubles and pains of government.</p> + +<p>When Mr. Hastings sent the troops for the purpose, +as he pretended, of assisting the Nabob in the +execution of a measure which was really adopted in +direct opposition to the wishes of that prince, what +other conclusion could be drawn, but that they were +sent to overawe, not to assist him? The march of +alien troops into a country upon that occasion could +have no object but hostility; they could have been +sent with no other design but that of bringing disgrace +upon the Nabob, by making him the instrument +of his family's ruin, and of the destruction of +his nobility. Your Lordships, therefore, will not +wonder that this miserable man should have sunk +into despair, and that he should have felt the weight +of his oppression doubly aggravated by its coming +from such a man as Mr. Hastings, and by its being +enforced by such a man as Mr. Middleton.</p> + +<p>And here I must press one observation upon your +Lordships: I do not know a greater insult that can +be offered to a man born to command than to find +himself made the tool of a set of obscure men, come +from an unknown country, without anything to distinguish +them but an usurped power. Never shall +I, out of compliment to any persons, because they +happen to be my own countrymen, disguise my feelings, +or renounce the dictates of Nature and of humanity. +If we send out obscure people, unknowing +and unknown, to exercise such acts as these, I must +say it is a bitter aggravation of the victim's suffering. +Oppression and robbery are at all times evils; +but they are more bearable, when exercised by <span class='pagenum'><a name="Page_24" id="Page_24">{24}</a></span>persons +whom we have been habituated to regard with +awe, and to whom mankind for ages have been accustomed +to bow.</p> + +<p>Now does the history of tyranny furnish, does the +history of popular violence deposing kings furnish, +anything like the dreadful deposition of this prince, +and the cruel and abominable tyranny that has been +exercised over him? Consider, too, my Lords, for +what object all this was done. Was Mr. Hastings +endeavoring, by his arbitrary interference and the +use of his superior power, to screen a people from +the usurpation and power of a tyrant,—from any +strong and violent acts against property, against dignity, +against nobility, against the freedom of his people? +No: you see here a monarch deposed, in effect, +by persons pretending to be his allies, and assigning +what are pretended to be his wishes as the +motive for using his usurped authority in the execution +of these acts of violence against his own family +and his subjects. You see him struggling against +this violent prostitution of his authority. He refuses +the sanction of his name, which before he had given +up to Mr. Hastings to be used as he pleased, and +only begs not to be made an instrument of wrong +which his soul abhors, and which would make him +infamous throughout the world. Mr. Middleton, +however, assumes the sovereignty of the country. +"I," he says, "am Nabob of Oude: the jaghires shall +be confiscated: I have given my orders, and they +shall be supported by a military force."</p> + +<p>I am ashamed to have so far distrusted your Lordships' +honorable and generous feelings as to have +offered you, upon this occasion, any remarks which +you must have run before me in making. Those<span class='pagenum'><a name="Page_25" id="Page_25">{25}</a></span> +feelings which you have, and ought to have, feelings +born in the breasts of all men, and much more in +men of your Lordships' elevated rank, render my remarks +unnecessary. I need not, therefore, ask what +you feel, when a foreign resident at a prince's court +takes upon himself to force that prince to act the +part of a tyrant, and, upon his resistance, openly and +avowedly assumes the sovereignty of the country. +You have it in proof that Mr. Middleton did this. +He not only put his own name to the orders for this +horrible confiscation, but he actually proceeded to +dispossess the jaghiredars of their lands, and to send +them out of the country. And whom does he send, +in the place of this plundered body of nobility, to +take possession of the country? Why, the usurers +of Benares. Yes, my Lords, he immediately mortgages +the whole country to the usurers of Benares, +for the purpose of raising money upon it: giving +it up to those bloodsuckers, dispossessed of that nobility, +whose interest, whose duty, whose feelings, +and whose habits made them the natural protectors +of the people.</p> + +<p>My Lords, we here see a body of usurers put into +possession of all the estates of the nobility: let us +now see if this act was necessary, even for the avowed +purposes of its agents,—the relief of the Nabob's +financial difficulties, and the payment of his debts to +the Company. Mr. Middleton has told your Lordships +that these jaghires would pay the Company's +debt completely in two years. Then would it not +have been better to have left these estates in the +hands of their owners, and to have oppressed them +in some moderate, decent way? Might they not have +left the jaghiredars to raise the sums required b<span class='pagenum'><a name="Page_26" id="Page_26">{26}</a></span>y some +settlement with the bankers of Benares, in which the +repayment of the money within five or six years might +have been secured, and the jaghiredars have had in +the mean time something to subsist upon? Oh, no! +these victims must have nothing to live upon. They +must be turned out. And why? Mr. Hastings +commands it.</p> + +<p>Here I must come in aid of Mr. Middleton a +little; for one cannot but pity the miserable instruments +that have to act under Mr. Hastings. I do +not mean to apologize for Mr. Middleton, but to pity +the situation of persons who, being servants of the +Company, were converted, by the usurpation of this +man, into his subjects and his slaves. The mind +of Mr. Middleton revolts. You see him reluctant +to proceed. The Nabob begs a respite. You find +in the Resident a willingness to comply. Even Mr. +Middleton is placable. Mr. Hastings alone is obdurate. +His resolution to rob and to destroy was not to +be moved, and the estates of the whole Mahometan +nobility of a great kingdom were confiscated in a +moment. Your Lordships will observe that his orders +to Mr. Middleton allow no forbearance. He +writes thus to him.</p> + +<div class="blockquote"><p>"Sir,—My mind has been for some days suspended +between two opposite impulses: one arising from +the necessity of my return to Calcutta; the other, +from the apprehension of my presence being more +necessary and more urgently wanted at Lucknow. +Your answer to this shall decide my choice.</p> + +<p>"I have waited thus long in the hopes of hearing +that some progress had been made in the execution +of the plan which I concluded with the Nabob in<span class='pagenum'><a name="Page_27" id="Page_27">{27}</a></span> +September last. I do not find that any step towards +it has been yet taken, though three months are +elapsed, and little more than that period did appear +to me requisite to have accomplished the most essential +parts of it, and to have brought the whole into +train. This tardiness, and the opposition prepared +to the only decided act yet undertaken, have a bad +appearance. I approve the Nabob's resolutions to +deprive the Begums of their ill-employed treasures. +In both services, it must be your care to prevent an +abuse of the powers given to those that are employed +in them. You yourself ought to be personally present. +You must not allow any negotiation or forbearance, +but must prosecute both services, until the +Begums are at the entire mercy of the Nabob, their +jaghires in the quiet possession of his aumils, and +their wealth in such charge as may secure it against +private embezzlement. You will have a force more +than sufficient to effect both these purposes.</p> + +<p>"The reformation of his army and the new settlement +of his revenues are also points of immediate +concern, and ought to be immediately concluded. +Has anything been done in either?</p> + +<p>"I now demand and require you most solemnly to +answer me. Are you confident in your own ability +to accomplish all these purposes, and the other +points of my instructions? If you reply that you +are, I will depart with a quiet and assured mind to +the Presidency, but leave you a dreadful responsibility, +if you disappoint me. If you tell me that you +cannot rely upon your power, and the other means +which you possess for performing these services, I will +free you from the charge. I will proceed myself to +Lucknow, and I will myself undertake them; and in<span class='pagenum'><a name="Page_28" id="Page_28">{28}</a></span> +that case, I desire that you will immediately order +bearers to be stationed, for myself and two other gentlemen, +between Lucknow and Allahabad, and I will +set out from hence in three days after the receipt +of your letter.</p> + +<p>"I am sorry that I am under the necessity of +writing in this pressing manner. I trust implicitly +to your integrity, I am certain of your attachment +to myself, and I know that your capacity is equal to +any service; but I must express my doubts of your +firmness and activity, and above all of your recollection +of my instructions, and of their importance. +My conduct in the late arrangements will be arraigned +with all the rancor of disappointed rapacity, +and my reputation and influence will suffer a mortal +wound from the failure of them. They have already +failed in a degree, since no part of them has yet +taken place, but the removal of our forces from the +Dooab and Rohilcund, and of the British officers and +pensioners from the service of the Nabob, and the expenses +of the former thrown without any compensation +on the Company.</p> + +<p>"I expect a supply of money equal to the discharge +of all the Nabob's arrears, and am much disappointed +and mortified that I am not now able to +return with it.</p> + +<p>"Give me an immediate answer to the question +which I have herein proposed, that I may lose no +more time in fruitless inaction."</p></div> + +<p>About this time Mr. Hastings had received information +of our inquiries in the House of Commons into +his conduct; and this is the manner in which he prepares +to meet them. "I must get money. I must<span class='pagenum'><a name="Page_29" id="Page_29">{29}</a></span> +carry with me that great excuse for everything, that +salve for every sore, that expiation for every crime: +let me provide that, all is well. You, Mr. Middleton, +try your nerves: are you equal to these services? +Examine yourself; see what is in you: are you man +enough to come up to it?" says the great robber +to the little robber, says Roland the Great to his +puny accomplice. "Are you equal to it? Do you +feel yourself a man? If not, send messengers and +dawks to me, and I, the great master tyrant, will +come myself, and put to shame all the paltry delegate +tools of despotism, that have not edge enough to cut +their way through and do the services I have ordained +for them."</p> + +<p>I have already stated to your Lordships his reason +and motives for this violence, and they are such as +aggravated his crime by attempting to implicate his +country in it. He says he was afraid to go home +without having provided for the payment of the Nabob's +debt. Afraid of what? Was he afraid of coming +before a British tribunal, and saying, "Through +justice, through a regard for the rights of an allied +sovereign, through a regard to the rights of his people, +I have not got so much as I expected"? Of +this no man could be afraid. The prisoner's fear had +another origin. "I have failed," says he to himself, +"in my first project. I went to Benares to rob; +I have lost by my violence the fruits of that robbery. +I must get the money somewhere, or I dare not appear +before a British House of Commons, a British +House of Lords, or any other tribunal in the kingdom; +but let me get money enough, and they won't +care how I get it. The estates of whole bodies of +nobility may be confiscated; a people who had liv<span class='pagenum'><a name="Page_30" id="Page_30">{30}</a></span>ed +under their protection may be given up into the +hands of foreign usurers: they will care for none of +these things; they will suffer me to do all this, and +to employ in it the force of British troops, whom I +have described as a set of robbers, provided I can +get money." These were Mr. Hastings's views; and, +in accordance with them, the jaghires were all confiscated, +the jaghiredars with their families were all +turned out, the possessions delivered up to the usurer, +in order that Mr. Hastings might have the excuse +of money to plead at the bar of the House of +Commons, and afterwards at the bar of the House +of Lords. If your Lordships, in your sacred character +of the first tribunal in the world, should by your +judgment justify those proceedings, you will sanction +the greatest wrongs that have been ever known +in history.</p> + +<p>But to proceed. The next thing to be asked is, +Were the promised pensions given to the jaghiredars? +I suppose your Lordships are not idle enough to put +that question to us. No compensation, no consideration, +was given or stipulated for them. If there had +been any such thing, the prisoner could have proved +it,—he would have proved it. The means were easy +to him. But we have saved him the trouble of the +attempt. We have proved the contrary, and, if called +upon, we will show you the place where this is proved.</p> + +<p>I have now shown your Lordships how Mr. Hastings, +having with such violent and atrocious circumstances +usurped the government of Oude, (I hope I +need not use any farther proof that the Nabob was +in effect non-existent in the country,) treated all the +landed property. The next question will be, How +has he treated whatever moneyed property was le<span class='pagenum'><a name="Page_31" id="Page_31">{31}</a></span>ft +in the country? My Lords, he looked over that immense +waste of his own creating, not as Satan viewed +the kingdoms of the world and saw the power and +glory of them,—but he looked over the waste of +Oude with a diabolical malice which one could hardly +suppose existed in the prototype himself. He saw +nowhere above-ground one single shilling that he +could attach,—no, not one; every place had been +ravaged; no money remained in sight. But possibly +some might be buried in vaults, hid from the gripe +of tyranny and rapacity. "It must be so," says +he. "Where can I find it? how can I get at it? +There is one illustrious family that is thought to +have accumulated a vast body of treasures, through +a course of three or four successive reigns. It does +not appear openly; but we have good information +that very great sums of money are bricked up and +kept in vaults under ground, and secured under the +guard and within the walls of a fortress": the residence +of the females of the family, a guard, as your +Lordships know, rendered doubly and trebly secure +by the manners of the country, which make everything +that is in the hands of women sacred. It is +said that nothing is proof against gold,—that the +strongest tower will not be impregnable, if Jupiter +makes love in a golden shower. This Jupiter commences +making love; but he does not come to the +ladies with gold for their persons, he comes to their +persons for their gold. This impetuous lover, Mr. +Hastings, who is not to be stayed from the objects of +his passion, would annihilate space and time between +him and his beloved object, the jaghires of these ladies, +had now, first, their treasure's affection.</p> +<p><span class='pagenum'><a name="Page_32" id="Page_32">{32}</a></span></p> +<p>Your Lordships have already had a peep behind +the curtain, in the first orders sent to Mr. Middleton. +In the treaty of Chunar you see a desire, obliquely +expressed, to get the landed estates of all these great +families. But even while he was meeting with such +reluctance in the Nabob upon this point, and though +he also met with some resistance upon the part even +of Mr. Middleton, Mr. Hastings appears to have given +him in charge some other still more obnoxious and +dreadful acts. "While I was meditating," says Mr. +Middleton, in one of his letters, "upon this [the +resumption of the jaghires], your orders came to me +through Sir Elijah Impey." What these orders were +is left obscure in the letter: it is yet but as in a +mist or cloud. But it is evident that Sir Elijah Impey +did convey to him some project for getting at +more wealth by some other service, which was not +to supersede the first, but to be concurrent with that +upon which Mr. Hastings had before given him such +dreadful charges and had loaded him with such horrible +responsibility. It could not have been anything +but the seizure of the Begum's treasures. He +thus goaded on two reluctant victims,—first the reluctant +Nabob, then the reluctant Mr. Middleton,—forcing +them with the bayonet behind them, and +urging on the former, as at last appears, to violate +the sanctity of his mother's house.</p> + +<p>Your Lordships have been already told by one +of my able fellow Managers, that Sir Elijah Impey +is the person who carried up the message alluded +to in Mr. Middleton's letter. We have charged it, +as an aggravation of the offences of the prisoner at +your bar, that the Chief-Justice, who, by the sacred +nature of his office, and by the express provisions +of the act of Parliament under which he was sent<span class='pagenum'><a name="Page_33" id="Page_33">{33}</a></span> +out to India to redress the wrongs of the natives, +should be made an instrument for destroying the +property, real and personal, of this people. When +it first came to our knowledge that all this private +intrigue for the destruction of these high women +was carried on through the intrigue of a Chief-Justice, +we felt such shame and such horror, both +for the instrument and the principal, as I think it +impossible to describe, or for anything but complete +and perfect silence to express.</p> + +<p>But by Sir Elijah Impey was that order carried +up to seize and confiscate the treasures of the Begums. +We know that neither the Company nor the +Nabob had any claim whatever upon these treasures. +On the contrary, we know that two treaties had been +made for the protection of them. We know that +the Nabob, while he was contesting about some elephants +and carriages, and some other things that +he said were in the hands of their steward, did allow +that the treasures in the custody of his grandmother +and of his mother's principal servants were their +property. This is the Nabob who is now represented +by Mr. Hastings and his counsel to have become +the instrument of destroying his mother and grandmother, +and everything else that ought to be dear to +mankind, throughout the whole train of his family.</p> + +<p>Mr. Hastings, having resolved to seize upon the +treasures of the Begums, is at a loss for some pretence +of justifying the act. His first justification +of it is on grounds which all tyrants have ready at +their hands. He begins to discover a legal title to +that of which he wished to be the possessor, and on +this title sets up a claim to these treasures. I say +Mr. Hastings set up this claim, because by this time<span class='pagenum'><a name="Page_34" id="Page_34">{34}</a></span> +I suppose your Lordships will not bear to hear the +Nabob's name on such an occasion. The prisoner +pretended, that, by the Mahometan law, these goods +did belong to the Nabob; but whether they did or +did not, he had himself been an active instrument +in the treaty for securing their possession to the Begums,—a +security which he attempts to unlock by +his constructions of the Mahometan law. Having set +up this title, the guaranty still remained; and how +is he to get rid of that? In his usual way. "You +have rebelled, you have taken up arms against your +own son," (for that is the pretext,) "and therefore +my guaranty is gone, and your goods, whether you +have a title to them or not, are to be confiscated +for your rebellion." This is his second expedient +by way of justification.</p> + +<p>Your Lordships will observe the strange situation +in which we are here placed. If the fact of the +rebellion can be proved, the discussion of the title +to the property in question will be totally useless; +for, if the ladies had actually taken up arms to cut +the Nabob's throat, it would require no person to +come from the dead to prove to us that the Nabob, +but not Mr. Hastings, had a right, for his own security +and for his own indemnification, to take those +treasures, which, whether they belonged to him or +not, were employed in hostilities against him. The +law of self-defence is above every other law; and if +any persons draw the sword against you, violence on +your part is justified, and you may use your sword +to take from them that property by which they have +been enabled to draw their sword against you.</p> + +<p>But the prisoner's counsel do not trust to this +justification; they set up a title of right to <span class='pagenum'><a name="Page_35" id="Page_35">{35}</a></span>these +treasures: but how entirely they have failed in their +attempts to substantiate either the one or the other +of these his alleged justifications your Lordships will +now judge. And first with regard to the title. The +treasure, they say, belonged to the state. The grandmother +and mother have robbed the son, and kept +him out of his rightful inheritance. They then produce +the Hedaya to show you what proportion of +the goods of a Mussulman, when he dies, goes to his +family; and here, certainly, there is a question of +law to be tried. But Mr. Hastings is a great eccentric +genius, and has a course of proceeding of +his own: he first seizes upon the property, and then +produces some Mahometan writers to prove that it +did not belong to the persons who were in possession +of it. You would naturally expect, that, when he +was going to seize upon those goods, he would have +consulted his Chief-Justice, (for, as Sir Elijah Impey +went with him, he might have consulted him,) and +have thus learnt what was the Mahometan law: for, +though Sir Elijah had not taken his degree at a +Mahometan college, though he was not a mufti or a +moulavy, yet he had always muftis and moulavies +near him, and he might have consulted them. But +Mr. Hastings does not even pretend that such consultations +or conferences were ever had. If he ever +consulted Sir Elijah Impey, where is the report of the +case? When were the parties before him? Where +are the opinions of the moulavies? Where is the +judgment of the Chief-Justice? Was he fit for nothing +but to be employed as a messenger, as a common +tipstaff? Was he not fit to try these rights, or to +decide upon them? He has told you here, indeed, +negatively, that he did not know any title Mr. <span class='pagenum'><a name="Page_36" id="Page_36">{36}</a></span>Hastings +had to seize upon the property of the Begums, +except upon his hypothesis of the rebellion. He was +asked if he knew any other. He answered, No. It +consequently appears that Mr. Hastings, though he +had before him his doctors of all laws, who could +unravel for him all the enigmas of all the laws in the +world, and who had himself shone upon questions of +Mahometan law, in the case of the Nuddea Begum, +did not dare to put this case to Sir Elijah Impey, +and ask what was his opinion concerning the rights +of these people. He was tender, I suppose, of the +reputation of the Chief-Justice. For Sir Elijah Impey, +though a very good man to write a letter, or +take an affidavit in a corner, or run on a message, to +do the business of an under-sheriff, tipstaff, or bum-bailiff, +was not fit to give an opinion on a question of +Mahometan law.</p> + +<p>You have heard Ali Ibrahim Khân referred to. +This Mahometan lawyer was carried by Mr. Hastings +up to Benares, to be a witness of the vast good he had +done in that province, and was made Chief-Justice +there. All, indeed, that we know of him, except the +high character given of him by Mr. Hastings, is, I +believe, that he is the Ali Ibrahim Khân whom in +the Company's records I find mentioned as a person +giving bribes upon some former occasion to Mr. Hastings; +but whatever he was besides, he was a doctor +of the Mahometan law, he was a mufti, and was +made by Mr. Hastings the principal judge in a criminal +court, exercising, as I believe, likewise a considerable +civil jurisdiction, and therefore he was qualified +as a lawyer; and Mr. Hastings cannot object +to his qualifications either of integrity or of knowledge. +This man was with him. Why did not he<span class='pagenum'><a name="Page_37" id="Page_37">{37}</a></span> +consult him upon this law? Why did he not make +him out a case of John Doe and Richard Roe, of +John Stokes and John à Nokes? Why not say, +"Sinub possesses such things, under such and such +circumstances: give me your opinion upon the legality +of the possession"? No, he did no such thing.</p> + +<p>Your Lordships, I am sure, will think it a little +extraordinary, that neither this chief-justice made +by himself, nor that other chief-justice whom he led +about with him in a string,—the one an English +chief-justice, with a Mahometan suit in his court, +the other a Mahometan chief-justice of the country,—that +neither of them was consulted as lawyers by +the prisoner. Both of them were, indeed, otherwise +employed by him. For we find Ali Ibrahim Khân +employed in the same subservient capacity in which +Sir Elijah Impey was,—in order, I suppose, to keep +the law of England and the law of Mahomet upon a +just par: for upon this equality Mr. Hastings always +values himself. Neither of these two chief-justices, +I say, was ever consulted, nor one opinion taken; but +they were both employed in the correspondence and +private execution of this abominable project, when +the prisoner himself had not either leisure or perhaps +courage to give his public order in it till things got +to greater ripeness.</p> + +<p>To Sir Elijah Impey, indeed, he did put a question; +and, upon my word, it did not require an Œdipus or +a Sphinx to answer it. Says he, "I asked Sir Elijah +Impey." What? a question on the title between the +Nabob and his mother? No such thing. He puts +an hypothetical question. "Supposing," says he, "a +rebellion to exist in that country; will the Nabob be +justified in seizing the goods of the rebels?" That<span class='pagenum'><a name="Page_38" id="Page_38">{38}</a></span> +is a question decided in a moment; and I must have +a malice to Sir Elijah Impey of which I am incapable, +to deny the propriety of his answer. But observe, I +pray you, my Lords, there is something peculiarly +good and correct in it. He does not take upon him +to say one word of the actual existence of a rebellion, +though he was at the time in the country, and, if +there had been any, he must have been a witness to +it; but, so chaste was his character as a judge, that +he would not touch upon the juries' office. "I am +chief-justice here," says he, "though a little wandering +out of my orbit; yet still the sacred office of +justice is in me. Do you take upon you the fact; I +find the law." Were it not for this sacred attention +to separate jurisdictions, he might have been a tolerable +judge of the fact,—just as good a judge as Mr. +Hastings: for neither of them knew it any other way, +as it appears afterwards, but by rumor and reports,—reports, +I believe, of Mr. Hastings's own raising; +for I do not know that Sir Elijah Impey had anything +to do with them.</p> + +<p>But to proceed. With regard to the title of these +ladies, according to the Mahometan law, you have +nothing laid before you by the prisoner's counsel but +a quotation cut out with the scissors from a Mahometan +law-book, (which I suspect very much the learned +gentlemen have never read through,) declaring how +a Mahometan's effects are to be distributed. But +Mr. Hastings could not at the time have consulted +that learned counsel who now defends him upon the +principles of the Hedaya, the Hedaya not having +been then published in English; and I will venture +to say, that neither Sir Elijah Impey nor Ali Ibrahim +Khân, nor any other person, high or low, in India,<span class='pagenum'><a name="Page_39" id="Page_39">{39}</a></span> +ever suggested this defence, and that it was never +thought of till lately found by the learned counsel in +the English translation of the Hedaya. "God bless +me!" now says Mr. Hastings, "what ignorance have +I been in all this time! I thought I was seizing this +unjustly, and that the pretence of rebellion was necessary; +but my counsel have found out a book, since +published, and from it they produce the law upon +that subject, and show that the Nabob had a right +to seize upon the treasures of his mother." But are +your Lordships so ignorant—(your Lordships are not +ignorant of anything)—are any men so ignorant +as not to know that in every country the common +law of distribution of the estate of an intestate +amongst private individuals is no rule with regard +to the family arrangements of great princes? Is +any one ignorant, that, from the days of the first origin +of the Persian monarchy, the laws of which have +become rules ever since for almost all the monarchs +of the East, the wives of great men have had, independent +of the common distribution of their goods, +great sums of money and great estates in land, one +for their girdle, one for their veil, and so on, going +through the rest of their ornaments and attire,—and +that they held great estates and other effects +over which the reigning monarch or his successor +had no control whatever? Indeed, my Lords, a more +curious and extraordinary species of trial than this +of a question of right never was heard of since the +world began. Mr. Hastings begins with seizing the +goods of the Begums at Fyzabad, nine thousand +miles from you, and fourteen years after tries the +title in an English court, without having one person +to appear for these miserable ladies. I trust you<span class='pagenum'><a name="Page_40" id="Page_40">{40}</a></span> +will not suffer this mockery; I hope this last and +ultimate shame will be spared us: for I declare to +God, that the defence, and the principles of it, appear +to me ten thousand times worse than the act +itself.</p> + +<p>Now, my Lords, this criminal, through his counsel, +chooses, with their usual flippancy, to say that +the Commons have been <i>cautious</i> in stating this part +of the charge, knowing that they were on tender +ground, and therefore did not venture to say <i>entitled</i>, +but <i>possessed of</i> only. A notable discovery indeed! +We are as far from being taken in by such miserable +distinctions as we are incapable of making them. +We certainly have not said that the Begums were +entitled to, but only that they were possessed of, +certain property. And we have so said because +we were not competent to decide upon their title, +because your Lordships are not competent to decide +upon their title, because no part of this tribunal is +competent to decide upon their title. You have +not the parties before you; you have not the cause +before you,—but are getting it by oblique, improper, +and indecent means. You are not a court of justice +to try that question. The parties are at a distance +from you; they are neither present themselves, +nor represented by any counsel, advocate, or attorney: +and I hope no House of Lords will ever judge +and decide upon the title of any human being, much +less upon the title of the first women in Asia, sequestered, +shut up from you, at nine thousand miles' +distance.</p> + +<p>I believe, my Lords, that the Emperor of Hindostan +little thought, while Delhi stood, that an English +subject of Mr. Hastings's description should<span class='pagenum'><a name="Page_41" id="Page_41">{41}</a></span> +domineer over the Vizier of his empire, and give the +law to the first persons in his dominions. He as +little dreamed of it as any of your Lordships now +dream that you shall have your property seized by +a delegate from Lucknow, and have it tried by what +tenure a peer or peeress of Great Britain hold, the +one his estate, and the other her jointure, dower, +or her share of goods, her paraphernalia, in any +court of Adawlut in Hindostan. If any such thing +should happen, (for we know not what may happen; +we live in an age of strange revolutions, and I doubt +whether any more strange than this,) the Commons +of Great Britain would shed their best blood sooner +than suffer that a tribunal at Lucknow should decide +upon any of your titles, for the purpose of justifying +a robber that has taken your property. We should +do the best we could, if such a strange circumstance +occurred.</p> + +<p>The House of Commons, who are virtually the +representatives of Lucknow, and who lately took +500,000<i>l.</i> of their money, will not suffer the natives +first to be robbed of their property, and then the +titles, which by the laws of their own country they +have to the goods they possess, to be tried by any +tribunal in Great Britain. Why was it not tried in +India before Mr. Hastings? One would suppose that +an English governor, if called to decide upon such a +claim of the Nabob's, would doubtless be attended +by judges, muftis, lawyers, and all the apparatus of +legal justice. No such thing. This man marches +into the country, not with moulavies, not with muftis, +not with the solemn apparatus of Oriental justice,—no: +he goes with colonels, and captains, and +majors,—these are his lawyers: and when<span class='pagenum'><a name="Page_42" id="Page_42">{42}</a></span> he gets +there, he demands from the parties, not their title,—no: +"Give me your money!" is his cry. It is a +shame (and I will venture to say, that these gentlemen, +upon recollection, will feel ashamed) to see the +bar justify what the sword is ashamed of. In reading +this correspondence, I have found these great +muftis and lawyers, these great chief-justices, attorneys-general, +and solicitors-general, called colonels +and captains, ashamed of these proceedings, and endeavoring +to mitigate their cruelty; yet we see British +lawyers in a British tribunal supporting and justifying +these acts, on the plea of defective titles.</p> + +<p>The learned counsel asks, with an air of triumph, +whether these ladies possessed these treasures by jointure, +dower, will, or settlement. What was the title? +Was it a deed of gift?—was it a devise?—was it +<i>donatio causâ mortis?</i>—was it dower?—was it jointure?—what +was it? To all which senseless and +absurd questions we answer, You asked none of +these questions of the parties, when you guarantied +to them, by a solemn treaty, the possession of their +goods. Then was the time to have asked these questions: +but you asked none of them. You supposed +their right, and you guarantied it, though you might +then have asked what was their right. But besides +the force and virtue of the guaranty, these unhappy +princesses had ransomed themselves from any claim +upon their property. They paid a sum of money, +applied to your use, for that guaranty. They had +a treble title,—by possession, by guaranty, by purchase.</p> + +<p>Again, did you ask these questions, when you went +to rob them of their landed estates, their money, +their ornaments, and even their wearing-apparel?<span class='pagenum'><a name="Page_43" id="Page_43">{43}</a></span> +When you sent those great lawyers, Major ——, +Major ——, and the other majors, and colonels, +and captains, did you call on them to exhibit their +title-deeds? No: with a pistol at their breast, you +demanded their money. Instead of forging a charge +of rebellion against these unhappy persons, why did +you not then call on them for their vouchers? +No rebellion was necessary to give validity to a civil +claim. What you could get by an ordinary judgment +did not want confiscation called to its aid. +When you had their eunuchs, their ministers, their +treasurers, their agents and attorneys in irons, did +you then ask any of these questions? No. "Discover +the money you have in trust, or <i>you</i> go to +corporal punishment,—<i>you</i> go to the castle of Chunar,—here +is another pair of irons!"—this was +the only language used.</p> + +<p>When the Court of Directors, alarmed at the proceedings +against these ancient ladies, ordered their +Indian government to make an inquiry into their +conduct, the prisoner had then an opportunity and a +duty imposed upon him of entering into a complete +justification of his conduct: he might have justified +it by every civil, and by every criminal mode of process. +Did he do this? No. Your Lordships have +in evidence the manner, equally despotic, <i>rebellious</i>, +insolent, fraudulent, tricking, and evasive, by which +he positively refused all inquiry into the matter. +How stands it now, more than twelve years after +the seizure of their goods, at ten thousand miles' +distance? You ask of these women, buried in the +depths of Asia, secluded from human commerce, +what is their title to their estate. Have you the +parties before you? Have you summoned them?<span class='pagenum'><a name="Page_44" id="Page_44">{44}</a></span> +Where is their attorney? Where is their agent? +Where is their counsel? Is this law? Is this a legal +process? Is this a tribunal,—the highest tribunal +of all,—that which is to furnish the example for, +and to be a control on all the rest? But what is +worse, you do not come <i>directly</i> to the trial of this +right to property. You are desired to surround and +circumvent it; you are desired obliquely to steal an +iniquitous judgment, which you dare not boldly ravish. +At this judgment you can only arrive by a side +wind. You have before you a criminal process +against an offender. One of the charges against him +is, that he has robbed matrons of high and reverend +place. His defence is, that they had not the apt +deeds to entitle them in law to this property. <i>In</i> +this cause, with only the delinquent party before you, +you are called upon to try their title on his allegations +of its invalidity, and by acquitting him to divest +them not only of their goods, but of their honor,—to +call them disseizors, wrong-doers, cheats, defrauders +of their own son. No hearing for them,—no +pleading,—all appeal cut off. Was ever a man indicted +for a robbery, that is, for the forcible taking of +the goods possessed by another, suffered to desire the +prosecutor to show the deeds or other instruments +by which he acquired those goods? The idea is contemptible +and ridiculous. Do these men dream? +Do they conceive, in their confused imaginations, +that you can be here trying such a question, and +venturing to decide upon it? Your Lordships will +never do that, which if you did do, you would be +unfit to subsist as a tribunal for a single hour; and +if we, on our part, did not bring before you this attempt, +as the heaviest aggravation of the prisoner's<span class='pagenum'><a name="Page_45" id="Page_45">{45}</a></span> +crimes, we should betray our trust as representatives +of the Commons of Great Britain. Having made +this protest in favor of law, of justice, and good policy, +permit me to take a single step more.</p> + +<p>I will now show your Lordships that it is very +possible, nay, very probable, and almost certain, that +a great part of what these ladies possessed was a +saving of their own, and independent of any grant. +It appears in the papers before you, that these unfortunate +ladies had about 70,000<i>l.</i> a year, landed property. +Mr. Bristow states in evidence before your +Lordships, that their annual expenses did not exceed +a lac and a half, and that their income was about +seven lacs; that they had possessed this for twenty +years before the death of Sujah Dowlah, and from +the death of that prince to the day of the robbery. +Now, if your Lordships will calculate what the savings +from an income of 70,000<i>l.</i> a year will amount +to, when the party spends about 15,000<i>l.</i> a year, you +will see that by a regular and strict economy these +people may have saved considerable property of their +own, independent of their titles to any other property: +and this is a rational way of accounting for their +being extremely rich. It may be supposed, likewise, +that they had all those advantages which ladies of +high rank usually have in that country,—gifts at +marriage, &c. We know that there are deeds of +gift by husbands to their wives during their lifetime, +and many other legal means, by which women in +Asia become possessed of very great property. But +Mr. Hastings has taught them the danger of much +wealth, and the danger of economy. He has shown +them that they are saving, not for their families, for +those who may possibly stand in the utmost need of<span class='pagenum'><a name="Page_46" id="Page_46">{46}</a></span> +it, but for tyrants, robbers, and oppressors.</p> + +<p>My Lords, I am really ashamed to have said so +much upon the subject of their titles. And yet there +is one observation more to be made, and then I shall +have done with this part of the prisoner's defence. +It is, that the Nabob himself never has made a claim +on this ground; even Mr. Hastings, his despotic +master, could never get him regularly and systematically +to make such a claim; the very reverse of this +is the truth. When urged on to the commission of +these acts of violence by Mr. Middleton, you have +seen with what horror and how reluctantly he lends +his name; and when he does so, he is dragged like a +victim to the stake. At the beginning of this affair, +where do we find that he entered this claim, as the +foundation of it? Upon one occasion only, when +dragged to join in this wicked act, something dropped +from his lips which seemed rather to have been +forced into his mouth, and which he was obliged to +spit out again, about the possibility that he might +have had some right to the effects of the Begums.</p> + +<p>We next come to consider the manner in which +these acts of violence were executed. They forced +the Nabob himself to accompany their troops, and +their Resident, Mr. Middleton, to attack the city and +to storm the fort in which these ladies lived, and +consequently to outrage their persons, to insult their +character, and to degrade their dignity, as well as to +rob them of all they had.</p> + +<p>That your Lordships may learn something of one +of these ladies, called the Munny Begum, I will refer +you to Major Browne's evidence,—a man who +was at Delhi, the fountain-head of all the nobility +of India, and must have known who this lady was<span class='pagenum'><a name="Page_47" id="Page_47">{47}</a></span> +that has been treated with such indignity by the +prisoner at your bar. Major Browne was asked, +"What was the opinion at Delhi respecting the rank, +quality, and character of the Princesses of Oude, or +of either of them?"—"The elder, or Munny Begum, +was," says he, "a woman of high rank: she +was, I believe, the daughter of Saadut Ali Khân, a +person of high rank in the time of Mahommed Shah."—"Do +you know whether any woman in all Hindostan +was considered of superior rank or birth?"—He +answers, "I believe not, except those of the royal +family. She was a near relation to Mirza Shaffee +Khân, who was a noble of nobles, the first person at +that day in the empire." In answer to another question +put by a noble Lord, in the same examination, +respecting the conversation which he had with Mirza +Shaffee Khân, and of which he had given an account, +he says, "He [Mirza Shaffee Khân] spoke of the +attempt to seize the treasures of the Begums, which +was then suspected, in terms of resentment, and as +a disgrace in which he participated, as being related +by blood to the house of Sufdar Jung, who was the +husband of the old Begum." He says afterwards, +in the same examination, that he, the Begum's husband, +was the second man, and that her father was +the first man, in the Mogul empire. Now the Mogul +empire, when this woman came into the world, was +an empire of that dignity that kings were its subjects; +and this very Mirza Shaffee Khân, that we +speak of, her near relation, was then a prince with a +million a year revenue, and a man of the first rank, +after the Great Mogul, in the whole empire.</p> + +<p>My Lords, these were people that ought to have +been treated with a little decorum. When we co<span class='pagenum'><a name="Page_48" id="Page_48">{48}</a></span>nsider +the high rank of their husbands, their fathers, +and their children, a rank so high that we have nothing +in Great Britain to compare with theirs, we cannot +be surprised that they were left in possession of +great revenues, great landed estates, and great moneyed +property. All the female parts of these families, +whose alliance was, doubtless, much courted, +could not be proffered in marriage, and endowed in +a manner agreeably to the dignity of such persons, +but with great sums of money; and your Lordships +must also consider the multitude of children of which +these families frequently consisted. The consequences +of this robbery were such as might naturally be +expected. It is said that not one of the females of +this family has since been given in marriage.</p> + +<p>But all this has nothing to do with the rebellion. +If they had, indeed, rebelled to cut their own son's +throat, there is an end of the business. But what +evidence have you of this fact? and if none can be +produced, does not the prisoner's defence aggravate +infinitely his crime and that of his agents? Did +they ever once state to these unfortunate women that +any such rebellion existed? Did they ever charge +them with it? Did they ever set the charge down in +writing, or make it verbally, that they had conspired +to destroy their son, a son whom Mr. Hastings had +brought there to rob them? No, this was what neither +Mr. Hastings nor his agent ever did: for as they +never made a civil demand upon them, so they never +made a criminal charge against them, or against any +person belonging to them.</p> + +<p>I save your Lordships the trouble of listening to +the manner in which they seized upon these people, +and dispersed their guard. Mr. Middleton states,<span class='pagenum'><a name="Page_49" id="Page_49">{49}</a></span> +that they found great difficulties in getting at their +treasures,—that they stormed their forts successively, +but found great reluctance in the sepoys to make +their way into the inner inclosures of the women's +apartments. Being at a loss what to do, their only +resource, he says, was to threaten that they would +seize their eunuchs. These are generally persons +who have been bought slaves, and who, not having +any connections in the country where they are settled, +are supposed to guard both the honor of the women, +and their treasures, with more fidelity than other persons +would do. We know that in Constantinople, +and in many other places, these persons enjoy offices +of the highest trust, and are of great rank and dignity; +and this dignity and rank they possess for the +purpose of enabling them to fulfil their great trusts +more effectually. The two principal eunuchs of the +Begums were Jewar and Behar Ali Khân, persons +of as high rank and estimation as any people in the +country. These persons, however, were seized, not, +says Mr. Hastings, for the purpose of extorting money, +as assumed in the charge, but as agents and principal +instruments of exciting the insurrection before +alluded to, &c. Mr. Hastings declares that they were +not seized for the purpose of extorting money, but +that they were seized in order to be punished for +their crimes, and, <i>eo nomine</i>, for this crime of rebellion. +Now this crime could not have been committed +immediately by [the?] women themselves; for no +woman can come forward and head her own troops. +We have not heard that any woman has done so +since the time of Zenobia, in another part of the +East; and we know that in Persia no person can behold +the face of a woman of rank, or speak to females<span class='pagenum'><a name="Page_50" id="Page_50">{50}</a></span> +of condition, but through a curtain: therefore they +could not go out themselves, and be active in a rebellion. +But, I own, it would be some sort of presumption +against them, if Jewar Ali Khân and Behar Ali +Khân had headed troops, and been concerned in +acts of rebellion; and the prisoner's counsel have +taken abundance of pains to show that such persons +do sometimes head armies and command legions in +the East. This we acknowledge that they sometimes +do. If these eunuchs had behaved in this way, if +they had headed armies and commanded legions for +the purposes of rebellion, it would have been a fair +presumption that their mistresses were concerned in it. +But instead of any proof of such facts, Mr. Hastings +simply says, "We do not arrest them for the purpose +of extorting money, but as a punishment for their +crimes." By Mr. Middleton's account you will see +the utter falsity of this assertion. God knows what +he has said that is true. It would, indeed, be singular +not to detect him in a falsity, but in a truth. I +will now show your Lordships the utter falsity of this +wicked allegation.</p> + +<p>There is a letter from Mr. Middleton to Sir Elijah +Impey, dated Fyzabad, the 25th of January, 1782, to +which I will call your Lordships' attention.</p> + +<div class="blockquote"><p>"Dear Sir Elijah,—I have the satisfaction to +inform you that we have at length so far obtained +the great object of our expedition to this place as to +commence on the receipt of money, of which, in the +course of this day, we have got about six lacs. I +know not yet what amount we shall actually realize, +but I think I may safely venture to pronounce it will +be equal to the liquidation of the Company's balance.<span class='pagenum'><a name="Page_51" id="Page_51">{51}</a></span> +It has been at once the most important and the most +difficult point of duty which has ever occurred in my +office; and the anxiety, the hopes and fears, which +have alternately agitated my mind, cannot be described +or conceived but by those who have been witness +to what has passed in the course of this long +contest. The [Nabob's] ministers have supported +me nobly, and deserve much commendation. Without +the shrewd discernment and knowledge of the +finesse and tricks of the country which Hyder Beg +Khân possesses, I believe we should have succeeded +but indifferently; for I soon found that no real advantage +was to be obtained by proceeding at once to +violent extremities with the Begum, and that she was +only to be attacked through the medium of her confidential +servants, who it required considerable address +to get hold of. However, we at last effected it; and +by using some few severities with them, we at length +came at the secret hoards of this old lady. I will +write you more particulars hereafter.</p> + +<p>"I am sorry to inform you my little boy still continues +in a very precarious way, though somewhat +better than when I had last the honor to address you. +My respects to Lady Impey. And believe me, with +great regard, my dear Sir Elijah, your faithful, +obliged, and most affectionate humble servant,</p> + +<p style="text-align: right;"> +"NATHANIEL MIDDLETON."<br /> +</p></div> + +<p>My Lords, we produce this letter to your Lordships, +because it is a letter which begins with "<i>Dear Sir +Elijah</i>," and alludes to some family matters, and is +therefore more likely to discover the real truth, the +true genius of a proceeding, than all the formal and +official stuff that ever was produced. You see the<span class='pagenum'><a name="Page_52" id="Page_52">{52}</a></span> +tenderness and affection in which they proceed. You +see it is his <i>dear Sir Elijah</i>. You see that he does +not tell the dear Sir Elijah, the Chief-Justice of India, +the pillar of the law, the great conservator of personal +liberty and private property,—he does not tell him +that he has been able to convict these eunuchs of any +crime; he does not tell him he has the pleasure of +informing him what matter he has got upon which a +decision at law may be grounded; he does not tell +him that he has got the least proof of the want of title +in those ladies: not a word of the kind. You cannot +help observing the soft language used in this tender +billet-doux between Mr. Middleton and Sir Elijah +Impey. You would imagine that they were making +love, and that you heard the voice of the turtle +in the land. You hear the soft cooing, the gentle +addresses,—"Oh, my hopes!" to-day, "My fears!" +to-morrow,—all the language of friendship, almost +heightened into love; and it comes at last to "<i>I have +got at the secret hoards of these ladies</i>.—Let us rejoice, +my dear Sir Elijah; this is a day of rejoicing, a +day of triumph; and this triumph we have obtained +by seizing upon the old lady's eunuchs,—in doing +which, however, we found a great deal of difficulty." +You would imagine, from this last expression, that it +was not two eunuchs, with a few miserable women +clinging about them, that they had to seize, but that +they had to break through all the guards which we +see lovers sometimes breaking through, when they +want to get at their ladies. Hardly ever did the +beauty of a young lady excite such rapture; I defy +all the charms this country can furnish to produce +a more wonderful effect than was produced by the +hoards of these two old women, in the bosoms of <span class='pagenum'><a name="Page_53" id="Page_53">{53}</a></span>Sir +Elijah Impey and Mr. Middleton. "We have got," +he exultingly says, "we have got to the secret hoards +of this old lady!" And I verily believe there never +was a passion less dissembled; there Nature spoke; +there was truth triumphant, honest truth. Others +may feign a passion; but nobody can doubt the raptures +of Mr. Hastings, Sir Elijah Impey, and Mr. +Middleton.</p> + +<p>My Lords, one would have expected to have found +here something of their crimes, something of their +rebellion, for he talks of a few "necessary severities." +But no: you find the real criminal, the real object, +was the secret hoards of the old ladies. It is true, +<i>a few severities</i> were necessary to obtain that object: +however, they did obtain it. How then did they +proceed? First, they themselves took and received, +in weight and tale, all the money that was in the +place. I say <i>all</i>; for whether there was any more +they never have discovered, with all their search, +from that day to this. Therefore we fairly presume +that they had discovered all that there was to discover +with regard to money. They next took from these +unfortunate people an engagement for the amount of +treasure at a definite sum, without knowing whether +they had it or not, whether they could procure it or +not. The Bhow Begum has told us, as your Lordships +have it in evidence, that they demanded from +her a million of money; that she, of course, denied +having any such sums; but Mr. Middleton forced her +unfortunate eunuchs or treasurers, by some <i>few severities</i>, +to give their bond for 600,000<i>l.</i></p> + +<p>You would imagine, that, when these eunuchs had +given up all that was in their power, when they had +given a bond for what they had not, (for they were<span class='pagenum'><a name="Page_54" id="Page_54">{54}</a></span> +only the treasurers of other people,) that the bond +would not have been rigidly exacted. But what do +Mr. Hastings and Mr. Middleton, as soon as they get +their plunder? They went to their own assay-table, +by which they measured the rate of exchange between +the coins in currency at Oude and those at Calcutta, +and add the difference to the sum for which the bond +was given. Thus they seize the secret hoards, they +examine it as if they were receiving a debt, and they +determine what this money would and ought to +produce at Calcutta: not considering it as coming +from people who gave all they had to give, but as +what it would produce at the mint at Calcutta, +according to a custom made for the profit of the +Residents; even though Mr. Hastings, upon another +occasion, charged upon Mr. Bristow as a crime that +he had made that profit. This money, my Lords, +was taken to that assay-table, which they had invented +for their own profit, and they made their victims +pay a rupee and a half batta, or exchange of money, +upon each gold mohur; by which and other charges +they brought them 60,000<i>l.</i> more in debt, and forced +them to give a bond for that 60,000<i>l.</i></p> + +<p>Your Lordships have seen in what manner these +debts were contracted,—and that they were contracted +by persons engaging, not for themselves, for they +had nothing; all their property was apparently their +mistresses'. You will now see in what manner the +payment of them was exacted; and we shall beg +leave to read to you their own accounts of their own +proceedings. Your Lordships will then judge whether +they were proceeding against rebels as rebels, +or against wealthy people as wealthy people, punishing +them, under pretence of crimes, for their own<span class='pagenum'><a name="Page_55" id="Page_55">{55}</a></span> +profit.</p> + +<p>In a letter from Mr. Middleton to Mr. Hastings, +after two other paragraphs, he goes on thus.</p> + +<p>"It remained only to get possession of her wealth; +and to effect this, it was then and is still my firm and +unalterable opinion that it was indispensably necessary +to employ temporizing expedients, and to work +upon the hopes and fears of the Begum herself, and +more especially upon those of her principal agents, +through whose means alone there appeared any probable +chance of our getting access to the hidden treasures +of the late Vizier; and when I acquaint you that +by far the greatest part of the treasure which has been +delivered to the Nabob was taken from the most secret +recesses in the houses of the two eunuchs, whence, of +course, it could not have been extracted without the +adoption of those means which could induce the discovery, +I shall hope for your approbation of what I did. +I must also observe, that no further rigor than that +which I exerted could have been used against females +in this country, to whom there can be no access. The +Nabob and Salar Jung were the only two that could +enter the zenanah: the first was a son, who was to +address a parent, and, of course, could use no language +or action but that of earnest and reiterated +solicitation; and the other was, in all appearance, a +traitor to our cause. Where force could be employed, +it was not spared: the troops of the Begum +were driven away and dispersed; their guns taken; +her fort, and the outward walls of her house seized +and occupied by our troops, at the Nabob's requisition; +and her chief agents imprisoned and put in +irons. No further step was left. And in this situation +they still remain, and are to continue (excepting<span class='pagenum'><a name="Page_56" id="Page_56">{56}</a></span> +only a remission of the irons) until the final liquidation +of the payment; and if then you deem it proper, +no possible means of offence being left in her hands +or those of her agents, all her lands and property +having been taken, I mean, with your sanction, to restore +her house and servants to her, and hope to be +favored with your early reply, as I expect that a few +days will complete the final surrender of all that is +further expected from the Begum."</p> + +<p>There are some things in this letter which I shall +beg your Lordships to remark. There is mention +made of a few preliminary severities used by Mr. +Middleton, in order to get at their money. Well, +he did get at the money, and he got a bond for the +payment of an additional sum, which they thought +proper to fix at about six hundred thousand pounds, +to which was added another usurious bond for sixty +thousand; and in order to extort these forced bonds, +and to make up their aggravated crimes of usury, +violence, and oppression, they put these eunuchs into +prison, without food and water, and loaded their +limbs with fetters. This was their second imprisonment; +and what followed these few severities your +Lordships will remark,—still more severities. They +continued to persecute, to oppress, to work upon +these men by torture and by the fear of torture, till +at last, having found that all their proceedings were +totally ineffectual, they desire the women to surrender +their house; though it is in evidence before you, +that to remove a woman from her own house to another +house without her consent is an outrage of the +greatest atrocity, on account of which many women +have not only threatened, but have actually put themselves +to death. Mr. Hastings himself, in the case of<span class='pagenum'><a name="Page_57" id="Page_57">{57}</a></span> +Munny Begum, had considered such a proposition as +the last degree of outrage that could be offered. These +women offered to go from house to house while their +residence was searched; but "No," say their tormentors, +"the treasure may be bricked up, in so large +a house, in such a manner that we cannot find it."</p> + +<p>But to proceed with the treatment of these unfortunate +men. I will read to your Lordships a letter of +Mr. Middleton to Captain Leonard Jaques, commanding +at Fyzabad, 18th March, 1782.</p> + +<div class="blockquote"><p>"Sir,—I have received your letter of the 13th +instant. The two prisoners, Behar and Jewar Ali +Khân, having violated their written solemn engagement +with me for the payment of the balance due to +the Honorable Company on the Nabob's assignments +accepted by them, and declining giving me any satisfactory +assurances on that head, I am under the disagreeable +necessity of recurring to severities to enforce +the said payment. This is, therefore, to desire +that you immediately cause them to be put in irons, +and kept so until I shall arrive at Fyzabad, to take +further measures, as may be necessary."</p></div> + +<p>Here is the answer of Captain Jaques to Mr. Middleton.</p> + +<div class="blockquote"><p class="quotdate"> +"<i>April 23d, 1782.</i> +</p> + +<p>"Sir,—Allow me the honor of informing you that +the place the prisoners Behar Ali Khân and Jewar +Ali Khân are confined in is become so very unhealthy, +by the number obliged to be on duty in so +confined a place at this hot season of the year, and +so situated, that no reduction can with propriety be +made from their guard, it being at such a distance<span class='pagenum'><a name="Page_58" id="Page_58">{58}</a></span> +from the battalion."</p></div> + +<p>You see, my Lords, what a condition these unfortunate +persons were in at that period; you see they +were put in irons, in a place highly unhealthy; and +from this you will judge of the treatment which +followed the <i>few severities</i>. The first yielded a bond +for 600,000<i>l.</i>; the second, a bond for 60,000<i>l.</i>; the +third was intended to extort the payment of these +bonds, and completed their series.</p> + +<p>I will now read a letter from Captain Jaques to Mr. +Middleton, from the printed Minutes, dated <i>Palace, +Fyzabad, May 18th, 1782</i>, consequently written nearly +a month after the former.</p> + +<div class="blockquote"><p>"Sir,—The prisoners Behar and Jewar Ali Khân, +who seem to be very sickly, have requested their +irons might be taken off for a few days, that they +might take medicine, and walk about the garden of +the place where they are confined, to assist the medicine +in its operation. Now, as I am sure they +would be equally as secure without their irons as +with them, I think it my duty to inform you of this +request, and desire to know your pleasure concerning +it.</p> + +<p style="text-align: right;"> +(Signed) "LEONARD JAQUES."<br /> +</p></div> + +<p>On the 22d May, 1782, Captain Jaques's humane +proposal is thus replied to by Mr. Middleton.</p> + +<div class="blockquote"><p>"I am sorry it is not in my power to comply with +your proposal of easing the prisoners for a few days +of their fetters. Much as my humanity may be +touched by their sufferings, I should think it inexpedient +to afford them any alleviation while they persist<span class='pagenum'><a name="Page_59" id="Page_59">{59}</a></span> +in a breach of their contract with me; and, indeed, +no indulgence could be shown them without +the authority of the Nabob, who, instead of consenting +to moderate the rigors of their situation, would +be most willing to multiply them.</p> + +<p style="text-align: right;"> +(Signed) "NATHANIEL MIDDLETON."<br /> +</p></div> + +<p>I will now call your Lordships' attention to other +letters connected with this transaction.</p> + +<div class="blockquote"><p class="center"><i>Letter from Major Gilpin to Mr. Middleton, June 5th, +1782.</i></p> + +<p>"Sir,—Agreeably to your instructions, I went to +the prisoners, Behar and Jewar Ali Khân, accompanied +by Hoolas Roy, who read the papers respecting +the balance now due, &c., &c.</p> + +<p>"In general terms they expressed concern at not +being able to discharge the same without the assistance +of the Begum, and requested indulgence to send +a message to her on that subject, and in the evening +they would give an answer.</p> + +<p>"I went at the time appointed for the answer, but +did not receive a satisfactory one; in consequence of +which I desired them to be ready, at the shortest notice, +to proceed to Lucknow, and explained to them +every particular contained in your letter of the 1st +instant respecting them.</p> + +<p>"Yesterday morning I sent for Letafit Ali Khân, +and desired him to go to the Bhow Begum, and deliver +the substance of my instructions to her, which +he did, and returned with the inclosed letter from +her. From some circumstances which I have heard +to-day, I am hopeful the prisoners will soon think +seriously of their removal, and pay the balance ra<span class='pagenum'><a name="Page_60" id="Page_60">{60}</a></span>ther +than submit themselves to an inconvenient journey +to Lucknow."</p> + + +<p class="center"><i>To Major Gilpin, commanding at Fyzabad, from Mr. +Middleton.</i></p> + +<p>"Sir,—I have been favored with your letter of +the 5th instant, informing me of the steps you had +taken in consequence of my instructions of the 1st, +and covering a letter from the Bhow Begum, which +is so unsatisfactory that I cannot think of returning +an answer to it. Indeed, as all correspondence between +the Begum and me has long been stopped, I +request you will be pleased to inform her that I by +no means wish to resume it, or maintain any friendly +intercourse with her, until she has made good my +claim upon her for the balance due.</p> + +<p>"I have now, in conformity to my former instructions, +to desire that the two prisoners, Behar +and Jewar Ali Khân, may be immediately sent, +under a sufficient guard, to Lucknow, unless, upon +your imparting to them this intimation, either they +or the Begum should actually pay the balance, or +give you such assurances or security for the assets to +be immediately forthcoming as you think can be relied +upon; in which case you will of course suspend +the execution of this order."</p> + + +<p class="center"><i>Mr. Richard Johnson to Major Gilpin. Lucknow, +24th June, 1782.</i></p> + +<p>"Sir,—I have received the honor of your letter of +the 20th. The prisoners arrived here this morning. +Lieutenant Crow has delivered them over to Captain +Waugh, and returns to you in a day or two.</p> +<p><span class='pagenum'><a name="Page_61" id="Page_61">{61}</a></span></p> +<p>"I think their hint to you a very good one, and +worth improving upon. Was the Bhow Begum to +think that she must go to Allahabad, or any other +place, while her palace is searched for the hidden +treasure of the late Vizier, it might go further than +any other step that can be immediately taken towards +procuring payment of the balance outstanding.</p> + +<p>"The prisoners are to be threatened with severities +to-morrow, to make them discover where the balance +may be procurable, the fear of which may possibly +have a good effect; and the apprehensions of +the Begum lest they should discover the hidden +treasure may induce her to make you tenders of +payment, which you may give any reasonable encouragement +to promote that may occur to you.</p> + +<p>"The jaghire cannot be released to her on any +other terms, nor even to the Nabob, until the five +lacs for which it was granted be paid up; and the +prisoners must also be detained until the full fifty +lacs be liquidated: consequently nothing but the +fear of an increase of demand, upon breach of the +first engagement on her part, will induce her to +prompt payment."</p> + + +<p class="center"><i>Letter from Mr. Richard Johnson to the Commanding +Officer of the Guard. Lucknow, 23d July, 1782.</i></p> + +<p>"Sir,—Some violent demands having been made +for the release of the prisoners, it is necessary that +every possible precaution be taken for their security. +You will therefore be pleased to be very strict in +guarding them; and I herewith send another pair +of fetters, to be added to those now upon the prisoners."</p> +<p><span class='pagenum'><a name="Page_62" id="Page_62">{62}</a></span></p> + +<p class="center"><i>Letter from Robert Steere Allen to Richard Johnson, +Esq., Acting Resident. Lucknow, 23d July, 1782.</i></p> + +<p>"Sir,—I have received your instructions, and +ordered the fetters to be added; but they are by +much too small for their feet. The utmost regard +shall be paid to the security of the prisoners. I have +sent back the fetters, that you may have them altered, +if you think proper."</p> + + +<p class="center"><i>Letter from Mr. Johnson to the Officer commanding the +Guard. Lucknow, 28th June, 1782.</i></p> + +<p>"Sir,—The Nabob having determined to inflict +corporal punishment upon the prisoners under your +guard, this is to desire that his officers, when they +shall come, may have free access to the prisoners, +and be permitted to do with them as they shall see +proper, only taking care that they leave them always +under your charge."</p></div> + +<p>I will now trouble your Lordships with the following +passages from Mr. Holt's evidence.</p> + +<div class="blockquote"><p>"<i>Q.</i> Did you ever see the two ministers of the Begum?—<i>A.</i> +I saw them brought into Lucknow.—<i>Q.</i> +In what situation were they, when you saw them +brought into Lucknow?—<i>A.</i> They were brought in +their palanquins, attended by a guard of sepoys.—<i>Q.</i> +Under whose command were the sepoys?—<i>A.</i> +That they were brought in by?—<i>Q.</i> Yes.—<i>A.</i> +I do not recollect.—<i>Q.</i> Were those sepoys that +brought in the prisoners part of the Nabob's army, +or were they any British troops?—<i>A.</i> To the +best of my recollection, they were detached from +a regiment then stationed at Fyzabad.—<i>Q.</i> In +whose service was that regiment?—<i>A.</i> In the +Company's.—<i>Q.</i> Were they imprisoned in any <span class='pagenum'><a name="Page_63" id="Page_63">{63}</a></span>house +near that in which you resided?—<i>A.</i> They were +imprisoned immediately under the window of the +house in which I resided, close to it.—<i>Q.</i> Did +you or did you not ever see any preparations made +for any corporal punishment?—<i>A.</i> I saw something +of a scaffolding.—<i>Q.</i> For what purpose?—<i>A.</i> +I heard it was for the purpose of tying them +up.—<i>Q.</i> Whose prisoners did you consider these +men to be?—<i>A.</i> I considered them as prisoners of +the Resident; they were close to his house, and under +an European officer."</p></div> + +<p>Your Lordships have now seen the whole process, +except one dreadful part of it, which was the threatening +to send the Begum to the castle at Chunar. +After all these cruelties, after all these menaces of +further cruelties, after erecting a scaffold for actually +exercising the last degree of criminal punishment, +namely, by whipping these miserable persons in public,—after +everything has been done but execution, +our inability to prove by evidence this part of their +proceedings has secured to your Lordships a circumstance +of decorum observed on the stage where murders, +executions, whippings, and cruelties are performed +behind the scenes. I know as certainly as a +man can know such a thing, from a document which +I cannot produce in evidence here, but I have it +in the handwriting of the Resident, Mr. Bristow, that +Behar Ali Khân was actually scourged in the manner +that we speak of. I had it in writing in the +man's hand; I put the question to him, but he +refused to answer it, because he thought it might +criminate himself, and criminate us all; but if your +Lordships saw the scaffold erected for the purpose,<span class='pagenum'><a name="Page_64" id="Page_64">{64}</a></span> +(and of this we have evidence,) would you not necessarily +believe that the scourging did follow? All +this was done in the name of the Nabob; but if +the Nabob is the person claiming his father's effects, +if the Nabob is the person vindicating a rebellion +against himself upon his nearest relations, why did +he not in person take a single step in this matter? +why do we see nothing but his abused name in it? +We see no order under his own hand. We see all +the orders given by the cool Mr. Middleton, by the +outrageous Mr. Johnson, by all that gang of persons +that the prisoner used to disgrace the British name. +Who are the officers that stormed their fort? who +put on the irons? who sent them? who supplied +them? They are all, all, English officers. There is +not an appearance, even, of a minister of the Nabob's +in the whole transaction. The actors are all Englishmen; +and we, as Englishmen, call for punishment +upon those who have thus degraded and dishonored +the English name.</p> + +<p>We do not use torture or cruelties, even for the +greatest crimes, but have banished them from our +courts of justice; we never suffer them in any case. +Yet those men, in order to force others to break their +most sacred trust, inflict tortures upon them. They +drag their poor victims from dungeon to dungeon, +from one place of punishment to another, and wholly +on account of an extorted bond,—for they owed no +money, they could not owe any,—but to got this +miserable balance of 60,000<i>l.</i>, founded upon their +tables of exchange: after they had plundered these +ladies of 500,000<i>l.</i> in money, and 70,000<i>l.</i> a year +in land, they could not be satisfied without putting +usury and extortion upon tyranny and oppression.<span class='pagenum'><a name="Page_65" id="Page_65">{65}</a></span> +To enforce this unjust demand, the miserable victims +were imprisoned, ironed, scourged, and at last threatened +to be sent prisoners to Chunar. This menace +succeeded. The persons who had resisted irons, who +had been, as the Begums say, refused food and water, +stowed in an unwholesome, stinking, pestilential prison, +these persons withstood everything till the fort of +Chunar was mentioned to them; and then their fortitude +gave way: and why? The fort of Chunar was +not in the dominions of the Nabob, whose rights they +pretended to be vindicating: to name a British fort, +in their circumstances, was to name everything that +is most horrible in tyranny; so, at least, it appeared +to them. They gave way; and thus were committed +acts of oppression and cruelty unknown, I will venture +to say, in the history of India. The women, +indeed, could not be brought forward and scourged, +but their ministers were tortured, till, for their redemption, +these princesses gave up all their clothes, +all the ornaments of their persons, all their jewels, +all the memorials of their husbands and fathers,—all +were delivered up, and valued by merchants at +50,000<i>l.</i>; and they also gave up 5,000<i>l.</i> in money, or +thereabouts: so that, in reality, only about 5,000<i>l.</i>, +a mere nothing, a sum not worth mentioning, even +in the calculations of extortion and usury, remained +unpaid.</p> + +<p>But, my Lords, what became of all this money? +When you examine these witnesses here, they tell +you it was paid to Hyder Beg Khân. Now they had +themselves received the money in tale at their own +assay-table. And when an account is demanded of +the produce of the goods, they shrink from it, and say +it was Hyder Beg Khân who received the things and<span class='pagenum'><a name="Page_66" id="Page_66">{66}</a></span> +sold them. Where is Hyder Beg Khân's receipt? +The Begums say (and the thing speaks for itself) that +even gold and jewels coming from them lost their +value; that part of the goods were spoilt, being kept +long unsold in damp and bad warehouses; and that +the rest of the goods were sold, as thieves sell their +spoil, for little or nothing. In all this business Mr. +Hastings and Mr. Middleton were themselves the +actors, chief actors; but now, when they are called +to account, they substitute Hyder Beg Khân in their +place, a man that is dead and gone, and you hear +nothing more of this part of the business.</p> + +<p>But the sufferings of these eunuchs did not end +here; they were, on account of this odd 5,000<i>l.</i>, +confined for twelve months,—not prisoners at large, +like this prisoner who thrusts his sore leg into your +Lordships' faces every day, but in harsh and cruel +confinement. These are the persons that I feel for. +It is their dungeon, it is their unrevenged wrongs +that move me. It is for these innocent, miserable, +unhappy men, who were guilty of no offence but +fidelity to their mistresses, in order to vex and torture +whom (the first women in Asia) in the persons +of their ministers these cruelties were exercised,—these +are they for whom I feel, and not for the miserable +sore leg or whining cant of this prisoner. +He has been the author of all these wrongs; and +if you transfer to him any of the sympathy you +owe to these sufferers, you do wrong, you violate +compassion. Think of their irons. Has not this +criminal, who put on these irons, been without one +iron? Has he been threatened with torture? Has +he been locked up without food and water? Have his +sufferings been aggravated as the sufferings of th<span class='pagenum'><a name="Page_67" id="Page_67">{67}</a></span>ese +poor men were aggravated? What punishment has +been inflicted, and what can be inflicted upon him, in +any manner commensurate with the atrocity of his +crimes?</p> + +<p>At last, my Lords, these unhappy men were +released. Mr. Bristow, who had been sent to Lucknow, +writes to Mr. Hastings, and informs him that +severities could do no more, that imprisonments and +menaces could get no more money. I believe not, for +I doubt much whether any more was to be got. But +whether there was or not, all the arts of extortion, +fortified by all the arts of tyranny, of every name and +species, had failed, and therefore Mr. Bristow released +the prisoners,—but without any warrant for +so doing from Mr. Hastings, who, after having received +this letter from Mr. Bristow, gets the Supreme +Council to order these very severities to be continued +till the last farthing was paid. In order to induce the +Council to sanction this measure, he suppressed Mr. +Bristow's declaration, that severities could do nothing +more in exacting further payments; and the Resident, +I find, was afterwards obliquely punished for +his humanity by Mr. Hastings.</p> + +<p>Mr. Bristow's letter is dated the 12th of December, +and he thus writes.</p> + +<p>"The battalion at Fyzabad" (where the Begums +and their ministers had been confined) "is recalled, +and my letter to the board of the 1st instant has +explained my conduct to the Begum. The letter I +addressed her, a translation of which I beg leave to +inclose, (No. 2,) was with a view of convincing her +that you readily assented to her being freed from the +restraints which had been imposed upon her, and that +your acquiescence in her sufferings was a measure of<span class='pagenum'><a name="Page_68" id="Page_68">{68}</a></span> +necessity, to which you were forced by her extraordinary +conduct. I wished to make it appear this was +a matter on which you directed me to consult the +Vizier's pleasure, that it might be known you were +the spring from whence she was restored to her +dignity and consequence."</p> + +<p>On the 3d of March following, the Council agree +to send the following order to Mr. Bristow.</p> + +<p>"We desire you will inform us if any and what +means have been taken for recovering the balance +due from the Begum at Fyzabad, and, if necessary, +that you recommend it to the Vizier to enforce the +most effectual means for that purpose."</p> + +<p>My Lords, you see the fraud he has put upon the +Council. You will find that Mr. Bristow's letters, +up to the 3d of March, had been suppressed; and +though then communicated, yet he instigated his +cat's-paw, that blind and ignorant Council, to demand +from the Vizier the renewal of these very severities +and cruelties, the continuance of which the +letters in his pocket had shown him were of no effect. +Here you have an instance of his implacable cruelty; +you see that it never relaxes, never remits, and +that, finding all the resources of tyranny useless +and ineffective, he is still willing to use them, and +for that purpose he makes a fraudulent concealment +of the utter inefficacy of all the means that had been +used.</p> + +<p>But, you will ask, what could make him persevere +in these acts of cruelty, after his avarice had been +more than satiated? You will find it is this. He +had had some quarrel with these women. He believed +that they had done him some personal injury +or other, of which he nowhere informs you. <span class='pagenum'><a name="Page_69" id="Page_69">{69}</a></span>But, +as you find that in the case of Cheyt Sing he considered +his visit to General Clavering as an horrid +outrage against himself, which he never forgave, and +revenged to the ruin of that miserable person, so you +find that he has avowed the same malicious disposition +towards the Begums, arising from some similar +cause. In page 367 of your printed Minutes, he +says,—"I am sorry that I must in truth add, that a +part of the resentment of the Begums was, as I had +too much reason to suspect, directed to myself personally. +The incidents which gave rise to it are too +light to be mixed with the professed subject and occasion +of this detail; and as they want the authenticity +of recorded evidence, I could lay no claim to +credit in my relation of them. At some period I +may be induced to offer them to the world, my ultimate +and unerring judges, both of that and of every +other trait in my political character."</p> + +<p>My Lords, you have an anecdote here handed to +you which is the key of a great part of this transaction. +He had determined upon some deep and desperate +revenge for some injury or affront of some +kind or other that he thought he had received from +these people. He accuses them of a personal quarrel +with himself; and yet he has not the honor or honesty +to tell you what it was,—what it was that could +induce them to entertain such a personal resentment +against him as to ruin themselves and their country +by their supposed rebellion. He says, that some +time or other he will tell it to the world. Why did +he not tell his counsel, and authorize them to tell +a story which could not be unimportant, as it was +connected with a rebellion which shook the British +power in India to its foundation? And if it be tru<span class='pagenum'><a name="Page_70" id="Page_70">{70}</a></span>e +that this rebellion had its rise in some wicked act of +this man, who had offended these women, and made +them, as he says, his mortal enemies, you will then see +that you never can go so deep with this prisoner that +you do not find in every criminal act of his some +other criminal act. In the lowest deep there is still +a lower deep. In every act of his cruelty there is +some hidden, dark motive, worse than the act itself, +of which he just gives you a hint, without exposing +it to that open light which truth courts and falsehood +basely slinks from.</p> + +<p>But cruelly as they have suffered, dreadfully as +they have been robbed, insulted as they have been, in +every mode of insult that could be offered to women +of their rank, all this must have been highly aggravated +by coming from such a man as Mr. Middleton. +You have heard the audacious and insulting language +he has held to them, his declining to correspond +with them, and the mode of his doing it. +There are, my Lords, things that embitter the bitterness +of oppression itself: contumelious acts and +language, coming from persons who the other day +would have licked the dust under the feet of the +lowest servants of these ladies, must have embittered +their wrongs, and poisoned the very cup of malice +itself.</p> + +<p>Oh! but they deserved it. They were concerned +in a wicked, outrageous rebellion: first, for expelling +their own son from his dominions; and, secondly, for +expelling and extirpating the English nation out of +India.—Good God Almighty! my Lords, do you +hear this? Do you understand that the English nation +had made themselves so odious, so particularly +hateful, even to women the most secluded from<span class='pagenum'><a name="Page_71" id="Page_71">{71}</a></span> +the world, that there was no crime, no mischief, no +family destruction, through which they would not +wade, for our extermination? Is this a pleasant +thing to hear of? Rebellion is, in all parts of the +world, undoubtedly considered as a great misfortune: +in some countries it must be considered as +a presumption of some fault in government: <i>nowhere +is it boasted of as supplying the means of justifying +acts of cruelty and insult, but with us</i>.</p> + +<p>We have, indeed, seen that a rebellion did exist +in Baraitch and Goruckpore. It was an universal +insurrection of the people: an insurrection for the +very extermination of Englishmen,—for the extermination +of Colonel Hannay,—for the extermination +of Captain Gordon,—for the extermination of +Captain Williams, and of all the other captains and +colonels exercising the office of farmer-general and +sub-farmer-general in the manner that we have described. +We know that there did exist in that country +such a rebellion. But mark, my Lords, against +whom!—against these mild and gracious sovereigns, +Colonel Hannay, Captain Gordon, Captain Williams. +Oh, unnatural and abominable rebellion!—But will +any one pretend to say that the Nabob himself was ever +attacked by any of these rebels? No: the attacks +were levelled against the English. The people rose +in favor of their lawful sovereign, against a rebellion +headed by Mr. Middleton, who, you see, usurped his +authority,—headed by Colonel Hannay,—headed +by Captain Gordon,—headed by all those abominable +persons exercising, under the Nabob's name, an +authority destructive to himself and his subjects. +Against them there was a rebellion. But was this +an unnatural rebellion,—a rebellion against usu<span class='pagenum'><a name="Page_72" id="Page_72">{72}</a></span>rped +authority, to save the prince, his children, and state, +from a set of vile usurpers?</p> + +<p>My Lords, I shall soon close our proceeding for this +day, because I wish to leave this part of our charge +strongly and distinctly impressed upon your Lordships' +memory, and because nothing can aggravate +it. I shall next proceed, in the farther examination +of the prisoner's defence, to dissipate, as I trust we +have done, and as I hope we shall do, all the miserable +stuff they have given by way of defence. I shall +often have occasion to repeat and press upon your +Lordships that that miserable defence is a heavy +aggravation of his crime. At present, I shall conclude, +leaving this part of our charge with the impression +upon your Lordships' minds that this pretended +rebellion was merely an insurrection against +the English, excited by their oppression.</p> + +<p>If the rebellion was against the Nabob, or if he was +the author of the oppression which caused it, why do +the English only appear to be concerned in both of +them? How comes it that the Nabob never appears +to have expressed any resentment against the rebels? +We shall prove beyond a doubt, that the Begums had +nothing to do with it. There was, indeed, as I have +already said, what may be called a rebellion; but it +was a rebellion against—not the Nabob, but in favor +of the lawful prince of the country,—against the +usurpers of his authority and the destroyers of his +country. With this, as a rebellion, Mr. Hastings has +charged these women; he has charged them with a +war against their son, for the purpose of exterminating +the English. Look, I pray you, at the whole +business, consider all the circumstances of it, and ask +yourselves whether this is not a charge, not only so<span class='pagenum'><a name="Page_73" id="Page_73">{73}</a></span> +grossly improbable, but so perfectly impossible, that +there is not any evidence which can make it even +plausible. Consider next, my Lords, on the other +side, the evidence of their innocence, and then ask +yourselves whether any additional matter could make +its probability in the least degree more probable. +My Lords, the evidence we have produced is neither +more nor less than that of almost all the persons who +have had a share in exciting that rebellion, and who, +to justify their own horrible cruelty, have attempted +to charge the natural consequences of that cruelty +upon these unhappy women.</p> + +<p>But where, all this time, is the Nabob, against +whom this rebellion is pretended to be directed? +Was it ever even insinuated to him that his mother +had raised a rebellion against him? When were the +proofs shown to him? Did he ever charge her with +it? He surely must have been most anxious to +prevent and suppress a rebellion against himself: +but not one word on that subject has ever come out +of his mouth; nor has any one person been produced +to show that he was informed of the existence of +such a rebellion. The persons said to be rebels are +his mother and grandmother; and I again ask, Was +there the least intimation given to him by Mr. Middleton, +or by any other person, of their being even +suspected of rebellion against him? There was, indeed, +a hint of some rebellion, which the creatures +of Mr. Hastings got at obliquely; but neither the +person against whom the rebellion is supposed to +exist, nor the persons who were said to be guilty of +it, were ever either informed of or charged with it. +I defy the prisoner and his whole gang to produce +one word ever uttered by any one of them, from<span class='pagenum'><a name="Page_74" id="Page_74">{74}</a></span> +which the Nabob or Begums could learn that they +were supposed to be concerned in the rebellion: so +that none of those who were said to be the principal +actors in the scene ever heard of the parts they were +acting from the actual authors and managers of the +business. Not one word was uttered of a charge made, +much less of proof given. Nothing was heard but +"Give me the money!"—irons,—new irons,—new +imprisonment,—and at last the castle of Chunar.</p> + +<p>And here I beg leave to pause, and to leave upon +your minds the impression, first, of the wrong that +was done, the violence, and the robbery,—and, secondly, +of the pretences, both civil and criminal, by +which they have attempted to justify their proceedings.</p> +<p><span class='pagenum'><a name="Page_75" id="Page_75">{75}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="SIXTH_DAY_WEDNESDAY_JUNE_11_1794" id="SIXTH_DAY_WEDNESDAY_JUNE_11_1794"></a>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">SIXTH DAY, WEDNESDAY, JUNE 11, 1794.</span></h2> + + +<p>My Lords,—Your Lordships will recollect that +we closed the last day of your proceeding in +this trial at a most interesting part of our charge, +or rather of our observations upon that charge. We +closed at that awful moment when we found the first +women of Oude pillaged of all their landed and of +all their moneyed property, in short, of all they possessed. +We closed by reciting to you the false pretence +on which this pillage was defended, namely, +that it was the work of the Nabob. Now we had +before proved to you, from evidence adduced by the +prisoner himself, that this Nabob was a mere tool in +his hands; and therefore, if this pretence be true, +it aggravates his guilt: for surely the forcing a son +to violate the property of his mother must everywhere +be considered a crime most portentous and +enormous. At this point we closed; and after the +detail which has been given you already of these +horrible and iniquitous proceedings, some apology +may perhaps be necessary for entering again into +the refutation of this iniquitous pretence.</p> + +<p>My honorable fellow Manager who preceded me +in this business did, in his remarks upon the inference +drawn by the prisoner's counsel from the seizure +of the Begums' treasures by the Nabob, as evi<span class='pagenum'><a name="Page_76" id="Page_76">{76}</a></span>dence +of their guilt, as he ought to do,—he treated +it with proper contempt. I consider it, indeed, to +be as little an evidence of their guilt as he does, +and as little a defence of that seizure as he does. +But I consider it in another and in a new light, +namely, as a heavy aggravation of the prisoner's +crimes, and as a matter that will let you into the +whole spirit of his government; and I warn your +Lordships against being imposed on by evasions, of +which if it were possible for you to be the dupes, +you would be unfit to be judges of the smallest +matters in the world, civil or criminal.</p> + +<p>The first observation which I shall beg leave to +make to your Lordships is this, that the whole of +the proceedings, from beginning to end, has been a +mystery of iniquity, and that in no part of them have +the orders of the Company been regarded, but, on +the contrary, the whole has been carried on in a +secret and clandestine manner.</p> + +<p>It is necessary that your Lordships should be acquainted +with the manner in which the correspondence +of the Company's servants ought to be carried +on and their proceedings regulated; your Lordships, +therefore, will please to hear read the orders given +concerning correspondence of every kind with the +country powers. You will remember the period +when these orders were issued, namely, the period +at which the act passed for the better direction of +the servants of the Company. By this act Mr. Hastings +was appointed to be Governor-General, and the +Court of Directors was required by that act to prepare +orders and instructions, which Mr. Hastings +was required by the same act to comply with. You +will see what these instructions and orders were<span class='pagenum'><a name="Page_77" id="Page_77">{77}</a></span>, and +in what manner he has complied with them.</p> + + +<div class="blockquote"><p class="center"><i>Extract of General Instructions to the Governor-General +and Council, 29th of March, 1774.</i></p> + +<p>"We direct that you assemble in Council twice +every week, and that all the members be duly summoned; +that the correspondence with the princes +or country powers in India be carried on by the +Governor-General only, but that all letters sent by +him be first approved in Council, and that he lay before +the Council, at their next meeting, all letters received +by him in the course of such correspondence, +for their information. We likewise direct that a +copy of such parts of the country correspondence be +communicated to our Board of Trade: (to be constituted +as hereinafter mentioned) as may any ways +relate to the business of their department."</p></div> + +<p>You will observe, my Lords, two important circumstances +in these instructions: first, that, after +the board had regularly met, the Persian correspondence, +kept by the Governor only, was to be +communicated to the Council; and, secondly, that he +should write no answer to any part of the business +until he had previously consulted the Council upon +it. Here is the law of the land,—an order given in +pursuance of an act of Parliament. Your Lordships +will consider how Mr. Hastings comported himself +with regard to those orders: for we charge it as a +substantive crime, independent of the criminal presumptions +arising from it, that he violated an act +of Parliament which imposed direct instructions +upon him as to the manner in which he was to +conduct all matters of business with the nat<span class='pagenum'><a name="Page_78" id="Page_78">{78}</a></span>ive +powers.</p> + +<p>My Lords, we contend strongly that all the positive +rules and injunctions of the law, though they +are merely positive, and do not contain anything but +mere matters of regulation, shall be strictly observed. +The reason is this, and a serious reason it is: official +tyranny and oppression, corruption, peculation, and +bribery are crimes so secret in their nature that we +can hardly ever get to the proof of them without the +assistance of rules, orders, and regulations of a positive +nature, intended to prevent the perpetration of +these crimes, and to detect the offender in case the +crimes should be actually perpetrated. You ought, +therefore, to presume, that, whenever such rules or +laws are broken, these crimes are intended to be +committed; for you have no means of security against +the commission of secret crimes but by enforcing positive +laws, the breach of which must be always plain, +open, and direct. Such, for instance, is the spirit +of the laws, that, although you cannot directly prove +bribery or smuggling in a hundred cases where they +have been committed, you can prove whether the +proper documents, proper cockets, proper entries in +regular offices have been observed and performed, or +not. By these means you lock the door against bribery, +you lock the door against corruption, against +smuggling and contraband trade. But how? By +falling upon and attacking the offence? No, by falling +upon and attacking the breach of the regulation. +You prove that the man broke the regulation, and, +as he could have no other motive or interest in breaking +it, you presume that he broke it fraudulently, +and you punish the man not for the crime the regulation +was meant to prevent, but you punish him for<span class='pagenum'><a name="Page_79" id="Page_79">{79}</a></span> +the breach of the regulation itself.</p> + +<p>Next to the breach of these positive instructions, +your Lordships will attend to the consequent concealment +and mystery by which it was accompanied. +All government must, to preserve its authority, be +sincere in its declarations and authentic in its acts. +Whenever in any matter of policy there is a mystery, +you must presume a fraud; whenever in any matter +of money there is concealment, you must presume +misconduct: you must therefore affix your punishment +to the breach of the rule; otherwise the conviction +of public delinquents would be unattainable.</p> + +<p>I have therefore put before you that rule which +he has violated; and we, the Commons, call upon +your Lordships to enforce that rule, and to avenge +the breach of it. You have seen the consequences +of breaking the rule; and we have charged and do +charge it as a heavy aggravation of those consequences, +that, instead of consulting the Council, instead +of laying the whole correspondence before them, instead +of consulting them upon his answers, he went +himself up into the country, took his Majesty's chief-justice +along with him, and made that person the +instrument of those wrongs, violences, robberies, and +concealments which we call upon your Lordships to +punish.</p> + +<p>My Lords, an extraordinary circumstance occurred +in the course of our proceedings in another place, +which I must state, to show you in what a horrible +manner your laws have been trampled upon and despised. +None of the proceedings which have been +last stated to your Lordships respecting the seizure +of the treasures of the Begums appear upon any +public record whatever. From the manner in whi<span class='pagenum'><a name="Page_80" id="Page_80">{80}</a></span>ch +they came to our knowledge, your Lordships will +perceive what must have been the prisoner's own +opinion of the horrible nature of proceedings which +he thought so necessary to be concealed.</p> + +<p>Whilst we were inquiring into the violences committed +against the Begums, in breach of the treaty +entered into with them, there came into my hands +an anonymous letter containing a full account of all +the matter which has lately been stated to you. It +came anonymously; and I did not know from what +quarter it came. I do not even know with certainty +at this hour: I say, not with certainty, for I can +only form a conjecture. This anonymous communication +enabled us to produce all the correspondence +with Mr. Middleton respecting the cruelties exercised +towards the Begums and their eunuchs in +order to extort money. We found the names of +Major Gilpin and several other persons in these letters. +We also found in them a strong fox smell of +a Sir Elijah Impey, that his brush and crime had +left behind him; we traced him by that scent; and +as we proceeded, we discovered the footsteps of as +many of the wolves as Mr. Hastings thought proper +to leave there. We sent for and examined Mr. Middleton, +and Major Gilpin produced his correspondence. +When we applied to Mr. Middleton, we found +that all this part of his correspondence had been +torn out of his book; but having come at it by +means of our anonymous communication, we subsequently +proved and established it, in the manner we +have done before your Lordships. Here, then, you +have important matter which this anonymous letter +has brought to light; and otherwise the whole of +this correspondence, so essential to the interests<span class='pagenum'><a name="Page_81" id="Page_81">{81}</a></span> and +justice of Great Britain, would have been concealed +by this wicked man. Thus, I say, his violation of +a positive law would have remained undiscovered, if +mere accident had not enabled us to trace this iniquity +to its source. Therefore I begin our proceedings +this day by stating to your Lordships this fact, +and by calling upon your justice to punish him for +this violation of the laws of his country.</p> + +<p>We have told you who the instruments were by +which all this wickedness was committed, Mr. Middleton +and Mr. Johnson, persons who were sent as +ambassadors to represent the interests of the Company +at the court of an independent prince. Over this +prince they usurped an absolute power; they even +made use of British officers in his own service and +receiving his pay, to enslave his person, and to force +him to rob his kindred. These agents were aided +by an English chief-justice, sent under the authority +of an act of Parliament to represent the sovereign +majesty of English justice, and to be a restraint upon +the misconduct of the Company's servants. These +are the instruments with which this man works. +We have shown you his system; we have shown you +his instruments: we will now proceed with the examination +of the pretences upon which this horrid +and nefarious act is attempted to be justified. We +have not entered into this examination for the sake +of refuting things that want no refutation, but for +the purpose of showing you the spirit of the whole +proceeding, and making it appear to your Lordships, +as I trust it will appear, that the wicked act done +there is not half so bad as the wicked defence made +here.</p> +<p><span class='pagenum'><a name="Page_82" id="Page_82">{82}</a></span></p> +<p>The first part of Sir Elijah Impey's commission, as +your Lordships will remember, was to seize upon the +Begums' treasures. He had likewise another budget +of instructions, which has been discovered in the +trunks of which your Lordships have heard,—secret +instructions to be given by him to Mr. Middleton for +the furtherance of this business. And that his office +of Chief-Justice should not lie dormant, he was commissioned +to seek for affidavits or written testimony +from any persons, for the purpose of convicting these +women of a design of atrociously revolting against +their son, and deposing him from the government, +with a view of getting rid of the English inhabitants. +This was the accusation; and the evidence to support +it Sir Elijah Impey was sent to collect.</p> + +<p>My Lords, I must here observe to your Lordships +that there is no act of violence which, merely as an +act of violence, may not in some sort be borne: because +an act of violence infers no principle; it infers +nothing but a momentary impulse of a bad mind, +proceeding, without law or justice, to the execution +of its object. For at the same time that it pays no +regard to law, it does not debauch it, it does not +wrest it to its purposes: the law disregarded still +exists; and hope still exists in the sufferer, that, +when law shall be resorted to, violence will cease, and +wrongs will be redressed. But whenever the law itself +is debauched, and enters into a corrupt coalition +with violence, robbery, and wrong, then all hope +is gone; and then it is not only private persons that +suffer, but the law itself, when so corrupted, is often +perverted into the worst instrument of fraud and violence; +it then becomes most odious to mankind, and +an infinite aggravation of every injury they suffer.</p> +<p><span class='pagenum'><a name="Page_83" id="Page_83">{83}</a></span></p> +<p>We have therefore in our charge strongly reprobated +Sir Elijah Impey's going to take such affidavits. +"Oh! but," they say, "a judge may take an affidavit in +his chamber privately; and he may take an affidavit, +though not exactly in the place of his jurisdiction, to +authenticate a bond, or the like."—We are not to be +cheated by words. It is not dirty shreds of worn-out +parchments, the sweepings of Westminster Hall, that +shall serve us in place of that justice upon, which the +world stands. Affidavits! We know that in the language +of our courts affidavits do not signify a body of +evidence to sustain a criminal charge, but are generally +relative to matter [matters?] in process collateral +to the charge, which, not coming before the jury, +are made known to the judge by way of affidavit.</p> + +<p>But was it ever heard, or will it be borne, that a +person exercising a judicial office under his Majesty +should walk beyond the sphere of his jurisdiction,—that +he should desert the station in which he was +placed for the protection of the natives, and should +march to such a place as Lucknow in order to take +depositions for criminating persons in that country, +without so much as letting these poor victims know +one article in the depositions so taken? These depositions, +my Lords, were made to criminate, they +were meant to justify a forfeiture, and are not in the +nature of those voluntary affidavits which, whether +made within jurisdiction or without, whether made +publicly or privately, signify comparatively nothing +to the cause. I do not mean, to say that any process +of any court has not its weight, when the matter +is within it in the ordinary course of proceedings: +it is the extraordinary course, the extrajudicial conduct, +which divests it of that just weight it otherwise +would have.</p> +<p><span class='pagenum'><a name="Page_84" id="Page_84">{84}</a></span></p> +<p>This chief-justice goes to Lucknow, where he holds +his court, such as it was. He is ready to authenticate +any process by the signature of the English +chief-justice, in a court which he holds by night, in +a court which he holds in darkness and secrecy. He +holds his court in Fyzabad; he holds it, unknown to +the Nabob of Oude, in his own capital, and without +giving him the least knowledge of or any notice of +what he was proceeding to do. He holds it at the +lodgings of Colonel Morgan, a pensioner of the Nabob; +and the person assisting him is Mr. Middleton, +who is likewise, as we have proved to you, one of the +Nabob's pensioners, a monopolizer of trade in the +country, and a person who received much the major +part of his emoluments from the Nabob's hands.</p> + +<p>In that clandestine manner, in the Nabob's own +house, in his own capital city, in the lodging of his +dependant and pensioner, Colonel Morgan, with no +other witness that we know of than Mr. Middleton, +was this iniquitous, dark procedure held, to criminate +the mother of the Nabob. We here see a scene +of dark, mysterious contrivance: let us now see what +is brought out in the face of open day. The attestations +themselves, which you have seen on the record +before you. They were brought out—where? +there? No: they were brought out in another +place; they were brought out at Calcutta,—but were +never communicated to the Nabob. He never knew +anything of the matter. Let us now see what those +attestations were. Your Lordships will bear in mind +that I do not advert to this thing, which they bring +as evidence, in the way of imputation of its being +weak, improper, and insufficient evidence, but as an +incontrovertible proof of crimes, and of a systematic +design to ruin the accused party, by force there and<span class='pagenum'><a name="Page_85" id="Page_85">{85}</a></span> +by chicane here: these are the principles upon which +I am going to talk to you upon this abominable subject,—of +which, I am sorry to say, I have no words +sufficient to express my horror. No words can express +it; nor can anything but the severity of your +Lordships' judgments find an adequate expression of +it. It is not to be expressed in words, but in punishment.</p> + +<p>Having stated before whom the evidence collected +in this body of affidavits was taken, I shall now state +who the persons were that gave it. They were those +very persons who were guilty of robbing and ruining +the whole country: yes, my Lords, the very persons +who had been accused of this in the mass by Mr. +Hastings himself. They were nothing less than the +whole body of those English officers who were usurping +the office of farmers-general, and other lucrative +offices in the Nabob's government, and whose pillage +and peculations had raised a revolt of the whole kingdom +against themselves. These persons are here +brought in a mass to clear themselves of this charge +by criminating other persons, and clandestinely imputing +to them the effect of their own iniquity.</p> + +<p>But supposing these witnesses to be good for anything, +supposing it fit that the least attention should +be paid them, the matter of their testimony may very +possibly be true without criminating the Begum. It +criminates Saadut Ali Khân, the brother of the +Nabob; the word Begum is never mentioned in the +crimination but in conjunction with his; and much +the greater part of it criminates the Nabob himself. +Now, my Lords, I will say, that the matter of these +affidavits, forgetting who the deponents were, may +possibly be true, as far as respects Saadut Ali Kh<span class='pagenum'><a name="Page_86" id="Page_86">{86}</a></span>ân, +but that it is utterly as improbable, which is the +main point and the stress of the thing, with respect +to the Begums, as it is impossible with respect to the +Nabob. That Saadut Ali, being a military man, a +man ambitious and aspiring to greatness, should take +advantage of the abuses of the English government +and of the discontent of the country, that he should, +I say, raise a revolt against his brother is very possible; +but it is scarcely within possibility that the +mother of the Nabob should have joined with the +illegitimate son against her legitimate son. I can +only say that in human affairs there is the possibility +of truth in this. It is possible she might wish to +depose her legitimate son, her only legitimate son, +and to depose him for the sake of a bastard son of +her husband's,—to exalt him at the expense of the +former, and to exalt, of course, the mother of that +bastard at her own expense, and to her own wrong. +But I say, that this, though possible, is grossly improbable. +The reason why the Begum is implicated +in this charge with Saadut Ali by the affidavits cannot +escape your notice. Their own acquittal might +be the only object of the deponents in their crimination +of the latter; but the treasures of the former +were the objects of their employers, and these treasures +could not be come at but by the destruction of +the Begums.</p> + +<p>But, my Lords, there are other affidavits, or whatever +your Lordships may call them, that go much +further. In order to give a color to the accusation, +and make it less improbable, they say that the Nabob +himself was at the bottom of it, and that he joined +with his brother and his mother to extirpate out of +his dominions that horrible grievance, the English<span class='pagenum'><a name="Page_87" id="Page_87">{87}</a></span> +brigade officers,—those English officers who were the +farmers-general, and who, as we have proved by Mr. +Hastings's own evidence, had ruined the country. +Nothing is more natural than that a man, sensible +of his duty to himself and his subjects, should form +a scheme to get rid of a band of robbers that were +destroying his country and degrading and ruining +his family. Thus you see a family compact naturally +accounted for: the Nabob at the head of it, his +mother joining her own son, and a natural brother +joining in the general interests of the family. This +is a possible case. But is this the case pressed by +them? No: they pass lightly over the legitimate +son; they scarcely touch upon Saadut Ali Khân; +they sink the only two persons that could give probability +or possibility to this business, and endeavor to +throw the whole design upon these two unfortunate +women.</p> + +<p>Your Lordships see the wickedness and baseness +of the contrivance. They first, in order to keep the +whole family in terror, accuse the whole family; +then, having possessed themselves of the treasures of +the Begums upon another pretence, they endeavor to +fix upon them that improbable guilt which they had +with some degree of probability charged upon the +whole family, as a farther justification of that spoliation. +Your Lordships will see what an insult is +offered to the Peers of Great Britain, in producing +before you, by way of defence, such gross, scandalous, +and fraudulent proceedings.</p> + +<p>Who the first set of witnesses were which they +produced before their knight-errant chief-justice, Sir +Elijah Impey, who wandered in search of a law adventure, +I have laid open to your Lordships. You<span class='pagenum'><a name="Page_88" id="Page_88">{88}</a></span> +have now had an account of the scandalous manufacture +of that batch of affidavits which was in the +budget of Sir Elijah Impey,—that Pandora's box +which I have opened, and out of which has issued +every kind of evil. This chief-justice went up there +with the death-warrant of the Begums' treasures, +and, for aught he knew, the death-warrant of their +persons. At the same time that he took these affidavits +he became himself a witness in this business; he +appears as a witness. How? Did he know any one +circumstance of the rebellion? No, he does not even +pretend to do so. "But," says he, "in my travels I +was obliged to avoid Fyzabad, upon account of the +suspected rebellion there." Another chief-justice +would have gone fifty miles about to avoid Lucknow, +for everybody knows that Lucknow was the focus and +centre of extortion, corruption, and peculation, and +that a worse air for the lungs of a chief-justice could +not be found in the world. If his lungs wanted the +benefit of pure air, he would even have put himself +in the focus of a rebellion, to have kept at a distance +from the smell of carrion and putrid corruption of +every kind that was at Lucknow. A chief-justice may +go to a place where a rebellion is raging, he may die +a martyr to his honor; but a chief-justice who puts +himself into the focus of peculation, into the focus +of bribery, into the focus of everything that is base +and corrupt,—what can we expect from him but +that he will be engaged in clandestine jobs there? +The former might kill Sir Elijah Impey, the knight-errant, +but the chief-justice would remain pure and +entire; whereas Sir Elijah Impey has escaped from +Lucknow, and the chief-justice is left by Mr. Hastings +to shift for himself.</p> +<p><span class='pagenum'><a name="Page_89" id="Page_89">{89}</a></span></p> +<p>After mentioning this violation of the laws of hospitality +by Sir Elijah Impey, I would ask, Was any +notice given by him, or by any of Mr. Hastings's +agents, to the Nabob, who was so immediately interested +in this matter? Was any notice given to the +Begums that any such charge was entertained against +them? Not a word. Was it notified to the eunuchs? +Was it to Saadut Ali Khân? Not a word. They +were all within their power. The eunuchs were a +year in irons, and they were subjected to the want +of food and water for a part of that year. They +were dragged from Fyzabad to Lucknow, and from +Lucknow to Fyzabad. During all that time was +there a word mentioned to them by any one person +on the part of Mr. Hastings, that they were accused +of this matter? Not a word.</p> + +<p>We now submit to your Lordships' vindictive justice +and condemnation this recriminatory defence, in +which every principle of justice has been violated. +And now I will ask your Lordships whether you +would have suffered such a procedure in the case of +the prisoner at your bar. It was asked by a person of +great authority in this House, when we were going +to produce certain evidence against Mr. Hastings, +(we do not say whether we offered to produce it +properly or improperly,—that is another matter,)—we +were asked, I say, whether our intentions of +producing that evidence had been communicated to +Mr. Hastings. Had he had an opportunity of cross-examining +the witnesses who had given that evidence? +No, he added, that evidence must be rejected. Now +I say to your Lordships, upon the same ground, deal +with the Begums as you dealt with Mr. Hastings. +Do not keep two weights and measures for different +persons in the same cause. You would not suffer<span class='pagenum'><a name="Page_90" id="Page_90">{90}</a></span> +such evidence to be produced against him; you will +not assuredly suffer such evidence to be produced to +you in his favor and against them.</p> + +<p>My Lords, the cause between this man and these +unfortunate women is at last come into Westminster +Hall; the cause is come to a solemn trial; and we +demand other witnesses and other kinds of proof than +what these affidavits furnish. My Lords, the persons +who have been examined here are almost all of them +the same persons who made these affidavits; but +there is this material difference in their evidence: at +your Lordships' bar they sunk all those parts of their +former evidence which criminated the Nabob and +Saadut Ali, and confined their testimony wholly to +what related to the Begums. We were obliged, by a +cross-examination, to squeeze out of them the disavowal +of what they had deposed on the former occasion. +The whole of their evidence we leave to the +judgment of your Lordships, with these summary +remarks: first, that they are the persons who were to +profit by their own wrong; they are the persons who +had seven months' arrears paid to them out of the +money of these unfortunate ladies; they are the +persons who, to justify the revolt which they had +caused in the country by their robbery, charge their +own guilt upon others. The credibility of their evidence +is therefore gone. But if it were not affected +by these circumstances, Mr. Hastings has put an +end to it by telling you that there is not one of +them who is to be credited upon his oath,—no, not +in a court-martial; and can it, therefore, be expected +that in a case of peculation they will do otherwise +than acquit the party accused? He has himself laid +before you the horrible state of the whole service<span class='pagenum'><a name="Page_91" id="Page_91">{91}</a></span>; +your Lordships have it fresh in your memories, and +ringing in your ears. You have also heard from +witnesses brought by Mr. Hastings himself, that these +soldiers committed misdemeanors of the very same +kind with those which we have stated. They ought +not, therefore, to be listened to for a moment; and +we aver that it is an aggravation of the prisoner's +crimes, that he has brought the instruments of his +guilt, the persons of whom he has complained as +having ruined and destroyed that country, and whom +he had engaged, at the Nabob's desire, in the treaty +of Chunar, to send out of the country, as being a +nuisance in it,—to bring, I say, these people here, to +criminate, at a distance of nine thousand miles, these +unfortunate women, where they have neither attorney +or agent who can from local knowledge cross-examine +them. He has the audacity to bring these people +here; and in what manner they comport themselves, +when they come here, your Lordships have seen.</p> + +<p>There is one of them whom we cannot pass by: +that is, Captain Gordon. The other witnesses, who +appeared here as evidences to criminate the Begums, +did it by rumors and hearsays. They had heard +some person say that the Begums had encouraged +rebellion, always coupling them with Saadut Ali +Khân, and sometimes with the Nabob, because there +might have been some probability for their charge +in the transactions with Saadut Ali Khân, which, +though impossible with regard to the Begums, they +thought would implicate him [them?] in his designs. +But Captain Gordon is to give a different account +of the proceedings.</p> + +<p>Captain Gordon was one of Colonel Hannay's +under-farmers. He was hunted out of the co<span class='pagenum'><a name="Page_92" id="Page_92">{92}</a></span>untry +and, as one of the Begums says, pursued by a thousand +of the zemindars, for robbing the whole country. +This woman, through respect to the British name, +that name which guarantied her possessions to her, +receives this Captain Gordon and Captain Williams +with every mark of kindness, hospitality, and protection, +that could be given them. She conveys them +from the borders to the city of Fyzabad, and from +Fyzabad, her capital, supposed to be the nest of her +rebellion, on to their place of destination. They both +write her letters full of expressions of gratitude and +kindness for the services that they had received. They +then pass on to Lucknow to Sir Elijah Impey, and +there they sink every word of kindness, of any service +or protection that they had received, or of any acknowledgment +that they had ever made of it. They +sink all this: not one word of it appears in their +affidavits.</p> + +<p>How, then, did we come to the knowledge of it? +We got it from Major Gilpin, who was examined in +the course of these proceedings; and we used it in +our charge, from the papers that we hold in our +hands. Mr. Hastings has confessed the fact; and +Mr. Middleton has endeavored to slur it over, but +could not completely conceal it. We have established +the fact, and it is in evidence before your Lordships.</p> + +<p>You have now, then, in this manner, got these testimonials +given by English officers in favor of these +women; and by the same means the letters of the +latter accusing the former are come to your hands: +and now these same English officers come here with +their recriminatory accusation. Now why did they +not make it at Lucknow? Why did not Mr. Hastings<span class='pagenum'><a name="Page_93" id="Page_93">{93}</a></span>, +when Mr. Middleton had such papers for him in +his hands, why, I ask, did not Mr. Hastings procure +some explanation of the circumstances whilst he was +in India? I will read your Lordships the letter, that +you may not only know, but feel, the iniquity of this +business.</p> + + +<div class="blockquote"><p class="center"><i>Letter from the Mother of the Vizier to Mr. Hastings; +received the 6th of January, 1782.</i></p> + +<p>"Our situation is pretty well, and your good +health is constantly prayed for. I had sent Behar +Ali Khân to you. Accordingly people invented a +falsehood, that Behar Ali Khân was gone to get the +deputyship of the Subah; and some persons here +were saying, 'Wherefore has she sent Behar Ali +Khân to Calcutta to the Nabob Amaud ul Dowlah? +We will never permit the affair to succeed.' And +accordingly it has so happened. For they say that +you also have not put your seal to the treaty: and +the people here say, 'Why does the noble lady correspond +with the English gentlemen?' On this account, +I did not send a letter at the time when you +came this way. Now the state of affairs here is thus. +On the 27th Zehedja, Asoph ul Dowlah Banadur, +without my knowledge, sent his own aumils into my +jaghires. I accordingly wrote several times to Mr. +Middleton on this business: that his seal was to the +treaty and writing of discharge; why did he not negotiate +in my favor? Mr. Middleton replied, 'The +Nabob is the master.' I wrote frequently, but without +effect. Being helpless, I represent to you the +state of my affairs, that, notwithstanding the existence +of this treaty, I have been treated in this manner. +It is useless for me to stay here. Whatever is<span class='pagenum'><a name="Page_94" id="Page_94">{94}</a></span> +is a compact; whenever any one deviates from his +compact, he meets with no credit for the future; +and the light of mine eyes, Asoph ul Dowlah, wrote +to me that he had sent his own aumils into my jaghires, +and would pay ready money from his treasury. +Reflect on my security for his adhering to his future +engagements, from the consideration of his conduct +under his past promises. I do not agree to his ready +money. Let me have my jaghires as formerly; otherwise, +leaving this place, I will wait on you at Benares, +and thence will go towards Shahjehanabad, because +he has not adhered to his engagement. Send +letters to Asoph ul Dowlah, and to Mr. Middleton, and +Hussein Reza Khân, and Hyder Beg Khân, not to molest +the Begum's jaghires, and to let them remain, as +formerly, with the Begum's aumils. And it is here +suspected of me that my aumil plundered the property +of Mr. John Gordon. The case is this. Mr. +John Gordon arrived at Taunda, a jaghire of mine, +fighting with the zemindars of Acberpore, which belongs +to the Khalseh. Accordingly, Mr. John Gordon +having come to Taunda, my aumil performed +whatever appertained to his duty. Afterwards Mr. +John Gordon wrote to me to send my people, that +he might come with them to Fyzabad. I sent people +accordingly to bring Mr. John Gordon, and the +said gentleman arrived here in complete safety; and +Mr. John Gordon is now present. Ask him yourself +of these matters. Mr. John Gordon will represent +matters in detail; the truth will then become known, +how ill-founded the calumny is. Should you come +here for a few days, it will be very well, and if not, +I will wait on you; and your coming here is very +necessary, that all my affairs may become arrang<span class='pagenum'><a name="Page_95" id="Page_95">{95}</a></span>ed. +And send a speedy answer to my letters, and a letter +to Asoph ul Dowlah, and Mr. Middleton, and Hussein +Reza Khân, and Hyder Beg Khân, on the subject of +ceasing to molest my jaghires. And send me constantly +news of your health, for my peace of mind +depends thereon."</p></div> + +<p>This letter was transmitted to Mr. Hastings. I +desire your Lordships will remark upon this letter, +for it is a most important one indeed. It is hardly +worth observing that all this correspondence came +out of the various trunks of which your Lordships +have already heard, and that this letter is out of the +trunk of Mr. Hastings's private Persian secretary and +interpreter, Mr. Jonathan Scott. Now, my Lords, in +this letter there are several things worthy of your +Lordships' observation. The first is, that this woman +is not conscious of having ever been accused of any +rebellion: the only accusation that ever came to her +ears was, that Captain Gordon said that his baggage +had been robbed by one of her aumils. She denies +the truth of this charge; and she produces testimonials +of their good behavior to him; and, what is the +essential point of all, she desires Mr. Hastings to apply +to this Mr. John Gordon, and to know from him +what truth or falsehood there is in that accusation, +and what weight there is in the attestation she produces. +"Mr. Gordon is now present," says she; +"ask him yourself of these matters." This reasonable +request was not complied with. Mr. Gordon +swears before Sir Elijah Impey to the robbery; but +he never mentions the paper he had written, in which +he confessed that he owed his life to this very lady. +No inquiry was made into this matter. Colonel Hannay<span class='pagenum'><a name="Page_96" id="Page_96">{96}</a></span> +was then alive. Captain Gordon was alive, and +she refers to him: yet that very man was sworn +before Sir Elijah Impey, and accuses his prisoner. +Did the prisoner at your bar make that attestation +known to the Begum, whose letter at that very +time was in his possession, in Mr. Scott's trunk,—that +very letter in which he is desired to make the +inquiry from Captain Gordon?</p> + +<p>Mr. Hastings is acquainted with the facts stated +by the Begum, and with Captain Gordon's accusation. +Did he afterwards inform her of this accusation? +or did he ask this Captain Gordon one question +in India, where the matter might be ventilated? +Not one word, my Lords. Therefore we fix upon +him fraud, deceit, and the production of false evidence, +after the woman had desired to have the man +who was the evidence against her examined upon +the spot. This he does not do, but with much more +prudence he brings him here. And for what? To +discredit his own testimony, and the written evidence. +And how does he discredit them? There are two +of these papers, which I beg leave to read to your +Lordships.</p> + + +<div class="blockquote"><p class="center"><i>Copy of a Letter to Jewar and Behar Ali Khân, +from Mr. Gordon.</i></p> + +<p>"Sirs, my indulgent friends, remain under, &c., +&c., &c. After compliments, I have the pleasure +to inform you, that yesterday, having taken leave of +you, I passed the night at Noorgunge, and next +morning about ten or eleven o'clock, through your +favor and benevolence, arrived safe at Goondah. +Mir Aboo Buksh Zemindar and Mir Rustum Ali +accompanied me.</p> +<p><span class='pagenum'><a name="Page_97" id="Page_97">{97}</a></span></p> +<p>"To what extent can I prolong the praises of you, +my beneficent friends? May the Supreme Being, for +this benign, compassionate, humane action, have you +in His keeping, and increase your property, and +speedily grant me the pleasure of an interview; +until which time continue to favor me with friendly +letters, and oblige me by any commands in my power +to execute. May your wishes be ever crowned with +success! My compliments," &c., &c., &c.</p> + + +<p class="center"><i>Copy of an Address from Mr. Gordon to the Begum.</i></p> + +<p>"Begum Saib of exalted dignity and generosity, +whom God preserve! After presenting the usual +professions of servitude, &c., in the customary manner, +my address is presented.</p> + +<p>"Your gracious letter, in answer to the petition +of your servant from Goondah, exalted me. From +the contents, I became unspeakably impressed with +the honor it conferred. May the Almighty protect +that royal purity, and bestow happiness, increase of +wealth, and prosperity! The welfare of your servant +is entirely owing to your favor and benevolence; a +few days have elapsed since I arrived at Goondah, +with the Colonel Saib.</p> + +<p>"This is presented for your Highness's information. +I cherish hopes from your generosity, that, +considering me in the light of one of your servants, +you will always continue to exalt and honor me with +your gracious letters. May the sun of prosperity continually +shine!"</p></div> + +<p>These acknowledgments of the Begum's friendly +disposition and services were concealed, when the +charge was made against this woman at Lucknow +before Sir Elijah Impey: I wish to impress th<span class='pagenum'><a name="Page_98" id="Page_98">{98}</a></span>is upon +your Lordships' mind; and that before Mr. Hastings +left Bengal, in the trunk of Major Scott, his private +Persian interpreter, was this letter. Did he make +that inquiry of Captain Gordon? No. Did he make +that inquiry of Colonel Hannay? Did he make any +inquiry into the matter, after his perusal of these +letters? Or did he give this poor woman any opportunity +of obtaining justice against this Captain Gordon, +who, after acknowledging that he owed his life +to her favor, calumniates and traduces her to her utter +destruction? No, he never did; and therefore +he is chargeable, and I charge him, with everything +that is wrongful in Captain Gordon's evidence.</p> + +<p>These papers, which carry with them a clear refutation +of all the charges against the Begum, are +never once produced, though Captain Gordon was +referred to expressly for inquiry and explanation of +the whole transaction by the woman herself. You +hear nothing of them; there is no appearance of +them in the affidavits; no such papers were laid +before the Supreme Council; none were transmitted +to the Court of Directors: but at last the House of +Commons having come at the truth of this matter, +Mr. Hastings, not daring to deny the existence of +these papers, brings Captain Gordon to be examined +here, in order to prove that papers which he had +himself written were false. Is this to be tolerated? +What will your Lordships think of a man that comes +to attest his own infamy,—to declare that he has +written papers containing falsehoods, and to invalidate +the false testimony which he had before given? +Is he to be suffered, I say, to come here, and endeavor +to prove the absolute falsity of his own deeds by +his own evidence?</p> +<p><span class='pagenum'><a name="Page_99" id="Page_99">{99}</a></span></p> +<p>The next point for your Lordships' consideration +is the evidence which he produces to prove the falsity +of a paper written by himself. Why, he himself +is the sole evidence. And how does he prove it? +Why, says he, "The reason of my writing that letter +was this: she had sent a person with me as an escort, +and this person was desirous of receiving some proof +that he had done his duty; and therefore I wrote a +complaisant letter. I meant nothing by it. It was +written merely to satisfy the mind of the man." +Now is that the way in which formal and solemn +letters, written upon great occasions to great people, +are to be explained away? If he had said nothing +but "Your servant, such a one, has done his duty," +this explanation might pass. But you see it has +another complexion. It speaks of his owing his life +to her. But if you admit that it is possible (for +possibilities have an unknown extent) that he wrote +such a letter at such a time and for such a purpose, +and that the letter he wrote was false, and that the +falsity of the letter is proved by his own testimony +given in an affidavit which we have also reason to +believe is false, your Lordships must at the same +time admit that it is one of the most complex pieces +of fraud and falsehood that, I believe, ever existed +in the world. But it is worse than all this. There +is another letter, written some days after, which I +will read to you, and which he has not pretended to +say was written only to testify that a messenger had +executed his commission properly.</p> + +<p>"Your gracious letter," (he thus writes,) "in +answer to the petition of your servant from Goondah, +exalted me. From the contents, I became unspeakably +impressed with the honor it conferred."</p> +<p><span class='pagenum'><a name="Page_100" id="Page_100">{100}</a></span></p> +<p>My Lords, this letter was not sent back by a messenger, +in acknowledgment of his having done his +duty, but was written in consequence of a correspondence +in the nature of a petition for something +or other which he made to the Begum. That petition +they have suppressed and sunk. It is plain, +however, that the petition had been sent, and was +granted; and therefore the apology that is made for +the former letter does not apply to this letter, which +was written afterwards.</p> + +<p>How, then, do they attempt to get rid of this difficulty? +Why, says Captain Gordon, "<i>The Colonel +Saib</i> (by whom was meant Colonel Hannay) was +not at Goondah, as stated in the letter, but at Succara, +about eighteen miles from it, and therefore you +ought not to pay much regard to this paper." But +he does not deny the letter, nor was it possible for +him to deny it. He says Colonel Hannay was not +there. But how do we know whether Colonel Hannay +was there or not? We have only his own word +for it. But supposing he was not there, and that it +was clearly proved that he was eighteen miles distant +from it, Major Naylor was certainly with Captain +Gordon at the time. Might not his Persian scribe +(for he does not pretend to say he wrote the letter +himself) take Major Naylor for a colonel, (for he +was the superior officer to Captain Gordon,) and +think him the Colonel Saib? For errors of that kind +may be committed in our own country. Every day +we may take a major for a lieutenant-colonel. This +was an error that might easily have happened in such +a case. He was in as high rank as Colonel Hannay; +for Colonel Hannay at that time was only a major. +I do not believe either of them was properly entitled +to the name of Colonel Saib. I am ashamed, my<span class='pagenum'><a name="Page_101" id="Page_101">{101}</a></span> +Lords, to be obliged to remark upon this prevarication. +Their own endeavors to get rid of their own +written acts by contradictory evidence and false constructions +sufficiently clear these women of the crimes +of which they were accused; and I may now ask the +prisoner at your bar how he dares to produce Captain +Gordon here, how he dares thus to insult the Peers, +how he dares thus to insult the public justice of his +country, after not having dared to inquire, upon the +spot, of this man, to whom he was referred by the +Begums for an account of this very transaction?</p> + +<p>I hope your Lordships have got enough of this +kind of evidence. All the rest is of the same batch, +and of the same description,—made up of nothing +but hearsays, except in one particular only. This I +shall now mention to your Lordships. Colonel Popham +and another gentleman have told you, that, in a +battle with Cheyt Sing's forces, they took prisoners +two wounded nudjeeves or swordsmen, and that these +men told them that they were sent there by the Begums,—that +they had got two rupees and two wounds, +but that they thought two rupees a bad compensation +for two wounds. These two men, with their +two wounds and two rupees, had, however, been dismissed. +It does not appear that this accident was +considered by these officers to be of consequence +enough to make them ever tell one word of it to Mr. +Hastings, though they knew he was collecting evidence +of the disaffection of the Begums, of all kinds, +good, bad, and indifferent, from all sorts of persons.</p> + +<p>My Lords, I must beg leave to say a few words +upon this matter; because I consider it as one of the +most outrageous violations of your Lordships' dignity, +and the greatest insult that was ever offered to a<span class='pagenum'><a name="Page_102" id="Page_102">{102}</a></span> +court of justice. A nudjeeve is a soldier armed with +a sword. It appears in evidence that the Nabob had +several corps of nudjeeves in his service; that the +Begums had some nudjeeves; and that Colonel Hannay +had a corps of nudjeeves. It is well known that +every prince in Hindostan has soldiers of that description,—in +like manner, probably, as the princes +of Europe have their guards. The whole, then, +amounts to this: that a story told by two men who +were wounded in an action far from the place from +which they were supposed to come, who were not +regularly examined, not cross-examined, not even +kept for examination, and whose evidence was never +reported, is to be a reason why you are to believe +that these Begums were concerned in a rebellion +against their son, and deserved to forfeit all their +lands and goods, and to suffer the indignities that +we have stated.</p> + +<p>My Lords, I am really ashamed to mention so +scandalous a thing; but let us put a case: let us +suppose that we had accused Mr. Hastings of instigating +the Rajah of Berar to fall upon some of the +country powers, and that the evidence we produced +at your bar to prove it was, that an officer had taken +two nudjeeves, who declared they were instigated by +Mr. Hastings to go into the service of that Rajah: +could you bear such a thing? would you suffer +such evidence to be produced? or do you think that +we should have so little regard for our own reputation +as to venture to produce such evidence before +you? Again, we have charged Mr. Hastings with +committing several acts of violence against the Begums. +Let us suppose our proof to be, that two +persons who never appeared before nor si<span class='pagenum'><a name="Page_103" id="Page_103">{103}</a></span>nce, that +two grenadiers in English uniforms, (which would be +a great deal stronger than the case of the nudjeeves, +because they have no particular uniform belonging to +them,) that two English grenadiers, I say, had been +taken prisoners in some action and let go again, who +said that Mr. Hastings had instigated them to make +war upon the Begums: would your Lordships suffer +such evidence to be produced before you? No. +And yet two of the first women in India are to be +stripped of all they have in the world upon no better +evidence than that which you would utterly reject. +You would not disgrace the British peerage, you +would not disgrace this court of justice, you would +not disgrace human reason itself, by confiscating, on +such evidence, the meanest property of the meanest +wretch. You would not subject to the smallest fine +for the smallest delinquency, upon such evidence. I +will venture to say, that, in an action of assault and +battery, or in an action for the smallest sum, such evidence +would be scouted as odious and contemptible, +even supposing that a perfect reliance might be placed +upon its truth. And yet this is the sort of evidence +upon which the property, the dignity, and the rank +of some of the first persons in Asia are to be destroyed,—by +which a British guaranty, and the honor +and dignity of the crown of Great Britain, and of the +Parliament itself, which sent out this man, are to be +forfeited.</p> + +<p>Observe, besides, my Lords, that the two swordsmen +said they were sent by the Begums. Now they +could not be sent by the Begums in their own person. +This was a thing in India impossible. They +might, indeed, have been sent by Jewar and Behar +Ali Khân: and then we ask again, How came these<span class='pagenum'><a name="Page_104" id="Page_104">{104}</a></span> +ministers not to be called to an account at the time? +Why were they not called upon for their muster-rolls +of these nudjeeves? No, these men and women suffer +the penalty, but they never hear the accusation +nor the evidence.</p> + +<p>But to proceed with the evidence of this pretended +rebellion. Captain Williams has told your Lordships +that he once had a great number of letters and papers +to prove this rebellion of the Begums. But he +declares that he has lost all these letters. A search +was ordered to be made in Mr. Hastings's record-office, +called a trunk; and accordingly in the trunk +is found a paper worthy of such a place and such a +cause. This letter, which has been made use of to +criminate the Begums, has not their names mentioned, +nor is there any possibility of their being included +in it. By this paper which is preserved you +may judge of the whole of the papers that are lost. +Such a letter, I believe, was never before brought as +evidence in a court of justice. It is a letter said to +have been intercepted, and is as follows.</p> + +<div class="blockquote"><p>"To the most noble * * * * *, whose prosperity be +everlasting!</p> + +<p>"It is represented, that the august purwannah +[command], having completed his honorable arrival +on the 16th of the month in the evening, highly +exalted me. It is ordered that I should charge +Medeporee, and the other enrolled sepoys belonging +to my district, and take bonds from them that none +of them go for service to the Rajah; and that, when +four or five hundred men, nudjeeves and others, are +collected, I should send them to the presence. According +to the order, I have written to Brejunekar<span class='pagenum'><a name="Page_105" id="Page_105">{105}</a></span> +Shah Rehemet Ullah, who is in Bhooaparah, charging +him to take bonds from them, and that whatever +sepoys fit for service are collected he should send to +the presence. As at this time the wind is contrary, +the sepoys will not * * * * without travelling charges; +for I have learnt from a letter previously received +from Brejunekar Shah Rehemet Ullah, that the people +there also are badly inclined. By the grace of +God, the unalterable glory shall be * * * * *. Zehan +Beg and the nudjeeves who were in the fort of +Aneelah have gone off to Goruckpore."</p></div> + +<p>This is a letter of somebody or other employed +by somebody or other for the recruiting service,—it +should seem, by the word "presence," somebody employed +in enlisting forces for the Nabob. The charge +against the Begum was, that she had joined with the +rebellious Rajahs to exterminate her son's government +and the English influence in that country. In +this very paper you see that the soldiers entering into +that service, and officers who are to contract for +soldiers, are expressly bound not to join the Rajahs; +and this they produce as proof that the Begums had +joined the Rajahs, and had joined them in a rebellion, +for the purpose of exterminating their son, in +the first instance, and the English afterwards.</p> + +<p>There is another circumstance which makes their +own acts the refutation of their false pretences. This +letter says that the country is disaffected, and it +mentions the ill-disposed parts of the country. Now +we all know that the country was ill-disposed; and +we may therefore conclude this paper was written +by, and addressed to, some person who was employed +against the persons so ill-disposed,—namely, the<span class='pagenum'><a name="Page_106" id="Page_106">{106}</a></span> +very Rajahs so mentioned before. The prisoner's +counsel, after producing this paper, had the candor +to declare that they did not see what use could be +made of it. No, to be sure, they do not see what +use can be made of it for their cause; but I see the +use that can be made of it against their cause. I say +that the lost papers, upon which they do so much +insist, deserve no consideration, when the only paper +that they have preserved operates directly against +them; and that therefore we may safely infer, that, +if we had the rest of the contents of this trunk, we +should probably find them make as strongly against +them as this paper does. You have no reason to +judge of them otherwise than by the specimen: for +how can you judge of what is lost but from what +remains?</p> + +<p>The man who hid these papers in his trunk never +understood one word of the Persian language, and +consequently was liable to every kind of mistake, +even though he meant well. But who is this man? +Why, it is Captain Williams,—the man who in his +affidavits never mentioned the Begums without mentioning +Saadut Ali. It is Captain Williams,—whom +we charge to have murdered a principal man of the +country by his own hand, without law or legal process. +It is Captain Williams,—one of those British +officers whom Mr. Hastings states to be the pests of +the country. This is the man who comes here as +evidence against these women, and produces this +monstrous paper.</p> + +<p>All the evidence they had produced to you amounts +to no more than that such a man <i>believes</i> such a man +<i>heard of something</i>; and to close the whole of this +hearsay account, Sir Elijah Impey, who always comes<span class='pagenum'><a name="Page_107" id="Page_107">{107}</a></span> +in as a supplement, declares that no man doubted of +the existence of this rebellion, and of the guilt of the +Begums, any more than of the rebellion of 1745: a +comparison which, I must say, is, by way of evidence, +a little indecorous in a chief-justice of India. Your +Lordships are sufficiently acquainted with the history +of that rebellion to know, that, when Lord Lovat was +tried at this bar, the proceedings against him were +not founded on second-hand hearsay. The existence +of the rebellion of 1745 was proved, notwithstanding +its notoriety; but neither notoriety nor proof would +have signified anything, if Lord Lovat's participation +in it had not been brought home to him directly, personally, +and particularly. Yet a chief-justice, sent to +India to represent the sacred majesty of the crown of +England, has gone so far as to say at your bar that +no more doubt could be entertained of the existence +either of the rebellion or the guilt of the Begums +than of the rebellion in 1745. Besides, he forgets +that he himself carried the order to confiscate these +people's property without any trial whatever. But +this is the way of proceeding by an English chief-justice +in India,—a chief-justice who had rendered himself +the instrument, the letter-carrier, the messenger, +I had almost said the executioner of Mr. Hastings.</p> + +<p>From this view of the whole matter your Lordships +will form an estimate of the spirit of Indian +government and Indian justice. But to blow away +and to put an end to all their false pretences, their +hearsays, and talk of nudjeeves, and wounds, and +the like, I ask, Who is the first witness that we have +produced upon this occasion? It is the Nabob himself, +negativing all these pretences. Did he believe +them? Not a word from him of any rebellion, ac<span class='pagenum'><a name="Page_108" id="Page_108">{108}</a></span>tual +or suspected. Sir Elijah Impey, indeed, said that +he was obliged to wheel round, and to avoid that +dangerous place, Fyzabad. His friends urged him +to this. "For God's sake," say they, "have a reverend +care of your sacred person! What will become +of the justice of India, what will become of the +natives, if you, their legitimate protector, should fall +into the hands of these wicked, rebellious women at +Fyzabad?" But although the Chief-Justice does this, +the Nabob, whose deposition is said to be the first object +of this rebellion, takes leave of Mr. Hastings at +the very moment when it is raging in the highest +possible degree, and gallops into its very focus.</p> + +<p>And under what circumstances does he do this? +He had brought some considerable forces with him. +No man of his rank in that country ever goes without +them. He left a part of these forces with Mr. Hastings, +notwithstanding he was going into the centre +of the rebellion. He then went on with a corps of +about a thousand horse. He even left a part of +these with Mr. Middleton, and galloped, attended by +a few horse, into the very capital, where the Begums, +we are told, had ten thousand armed men. He put +himself into their power, and, not satisfied with this, +the very first thing we hear of him after his arrival +is, that he paid his mother a friendly visit,—thus +rushing into the den of a lioness who was going to +destroy her own whelp. Is it to be credited, my +Lords, that a prince would act thus who believed +that a conspiracy was formed against him by his +own mother? Is it to be credited that any man +would trust a mother who, contrary to all the rules +of Nature and policy, had conspired to destroy her +own son?</p> +<p><span class='pagenum'><a name="Page_109" id="Page_109">{109}</a></span></p> +<p>Upon this matter your Lordships have the evidence +of Captain Edwards, who was aide-de-camp to the +Nabob, who was about his person, his attendant at +Chunar, and his attendant back again. I am not +producing this to exculpate the Begums,—for I say +you cannot try them here, you have not the parties +before you, they ought to have been tried on the +spot,—but I am going to demonstrate the iniquity +of this abominable plot beyond all doubt: for it is +necessary your Lordships should know the length, +breadth, and depth of this mystery of iniquity.</p> + +<p>Captain Edwards being asked,—"Whether he ever +heard any native of credit and authority in the Nabob's +dominions, who appeared to believe the rebellion +of the Begums?—<i>A.</i> No, I never did.—<i>Q.</i> +Have you any reason to believe that the Nabob gave +credit to it?—<i>A.</i> I really cannot rightly presume +to say whether the Nabob did or did not; but I am +apt to believe that he did not.—<i>Q.</i> Have you any +reason, and what, to form a belief about it?—<i>A.</i> I +have. I think, if he supposed the rebellion, ever +existed at Fyzabad, he would have been the first +person to take and give the alarm to the British +troops.—<i>Q.</i> And no such alarm was taken or given +to the British troops?—<i>A.</i> No, I think not: as I +was always about his person, and in the camp, I +think I certainly must have known it or heard of +it; but I never did."</p> + +<p>We assure your Lordships, you will find upon +your printed Minutes, that Captain Edwards says +he was credibly informed that the Nabob left behind +him a part of his guard of horse; and that, so +desirous was he to go into the power of this cruel +lioness, his mother, that he advanced, as he is a +vigorous man, and a bold and spirited rider, leav<span class='pagenum'><a name="Page_110" id="Page_110">{110}</a></span>ing +all his guards behind him, and rode before them +into the middle of Fyzabad. There is some more +evidence to the same purpose in answer to the +question put next to that which I read before.</p> + +<p>"<i>Q.</i> When you did hear of the rebellion, did not +you understand it to have been alleged that one +object of it was to dethrone the Nabob himself, as +well as to extirpate the English?—<i>A.</i> I understood +that the intention of the princesses, the Begums, was +to extirpate the English troops out of the country +and out of those dominions, and likewise to depose +her son, and set another son, who seems to have +been a greater favorite of that family, upon the +throne, in the room of the present Nabob; and that +son's name is Saadut Ali. I have only heard this +from report. I have no other knowledge but mere +report. I understood from the report, she was to +extirpate the English, and depose her son who is +now upon the throne.—<i>Q.</i> Was it after or before +the seizing of the treasures, that you heard a circumstantial +account of the supposed object of the +rebellion?—<i>A.</i> The report was more general after +the seizing of the treasures; but yet there were reports +prevailing in the neighborhood that our troops +were sent there in consequence of the charge that +was made by Colonel Hannay and some of his officers +of rebellion existing then at Fyzabad, or having +existed, I cannot rightly say which.—<i>Q.</i> Was that +report after the order for the troops to march to +Fyzabad?—<i>A.</i> It was more general, it was very +general then when the troops did march there, and +more general after the seizing of the treasures.—<i>Q.</i> +When did the troops first march?—<i>A.</i> It was some +time in the month of January, I believe, in the year<span class='pagenum'><a name="Page_111" id="Page_111">{111}</a></span> +1782.—<i>Q.</i> While you was with the Nabob in passing +from Lucknow to Chunar, and while you was +with him or the army returning from Chunar, did +you then, out of the whole army, regular or irregular, +ever hear of any report of the Begums being in +rebellion?—<i>A.</i> No, I do not recollect I ever did.—<i>Q. +(Upon cross-examination.)</i> Do you recollect at +what time in August, 1781, you left Lucknow to proceed +with the Nabob to Chunar?—<i>A.</i> No, I cannot +rightly mention the date: all that I know is this, that +I accompanied the Nabob, Mr. Middleton, and his attendants, +all the way from Lucknow to Chunargur. +I really cannot recollect; I have no notes, and it is +so distant a time since that I do not recollect the +particulars of the month or the day; but I recollect +perfectly I accompanied the Nabob all the way from +Lucknow to Chunar, and returned again with him +until he struck off on the road for Fyzabad."</p> + +<p>Your Lordships see plainly the whole of this matter. +When they had resolved to seize the Begums' +treasures, they propagated this report just in proportion +to their acts. As they proceeded, the report +grew hotter and hotter. This man tells you when it +was that the propagation of this report first began, +when it grew hot, and when it was in its greatest +heat. He tells you that not one native of credit in +the country believed it,—that he did not think the +Nabob himself believed it; and he gives a reason +that speaks for itself, namely, that he, the Nabob, +would have been the first man to give the alarm, if +he believed in a rebellion, as he was to be the object +of it. He says the English were the principal spreaders +of the report. It was, in fact, a wicked report, +propagated by Mr. Middleton and the English agen<span class='pagenum'><a name="Page_112" id="Page_112">{112}</a></span>ts +for the purpose of justifying their iniquitous spoliation +of the Begums.</p> + +<p>This is the manner in which the matter stands +upon the ground of rebellion, with the exception of +Major Gilpin's and Hyder Beg Khân's testimony. +This last man we have proved to have been kept in +his office by Mr. Hastings's influence, and to have +been entirely under his government. When this dependant +comes to give his attestation, he gives a long +account of all the proceedings of Cheyt Sing's rebellion, +with which the rebellion charged on the Begums +was supposed to be coincident; and he ends it very +remarkably,—that he tells the whole truth, and +nothing but the truth. But it is also remarkable, +that even this Hyder Beg Khân never mentions by +name the rebellion of the Begums, nor says that he +ever heard a word about it: a strong proof that he +did not dare, in the face of his country, to give countenance +to such a falsehood.</p> + +<p>Major Gilpin's evidence leaves not even the shadow +of a pretence for this charge. He had the Begums +and their eunuchs under his custody for a full year; +he was strictly ordered to watch them and to guard +them; and during all that time he lived at Fyzabad. +He was the man who commanded the troops, who +had all the witnesses in his power, who had daily +access to all parties at Fyzabad, and who, moreover, +was a person attached to Mr. Hastings in the strongest +manner. Your Lordships will now be pleased to +hear read to you this part of Major Gilpin's evidence.</p> + +<p>"<i>Q.</i> Had you any opportunity of knowing the character +of the Begums, and whether they were disaffected +to our government?—<i>A.</i> I had a very good opportunity +of knowing, from the circumstance of my<span class='pagenum'><a name="Page_113" id="Page_113">{113}</a></span> +having commanded so long there. The elder Begum, +it was generally understood, (and I have reason to +believe,) was disaffected to our government; and my +sentiments of her conduct stand recorded in my correspondence +to the court of Lucknow to that effect; +but with respect to the Bhow Begum, I acquit her +entirely of any disaffection to our government, so far +as comes to my knowledge: appearances were for +some time against her; but, on cool, deliberate inquiry, +I found there was no ground for supposing +her guilty of any rebellious principles, at the time of +Cheyt Sing's rebellion.—<i>Q.</i> Whether that, according +to your belief, is not your present opinion?—<i>A.</i> +I think I have answered that very fully, that it +was upon those very principles that I did form an +opinion of her innocence; how far they are justifiable +or right I will not take upon me to say upon +oath; there was no one circumstance that came to +my knowledge, during my residence at Fyzabad or +my residence in India, that I would wish to withhold +from your Lordships.—<i>Q.</i> You state here, 'upon +cool, deliberate inquiry': what was that cool, deliberate +inquiry?—<i>A.</i> That cool, deliberate inquiry was +the conversations I had with the ministers and the +people of Fyzabad, and the letters from herself expressing +her innocence; and it appeared to me from +those letters that she really was our friend and ally."</p> + +<p>The same witness goes on afterwards to say:—</p> + +<p>"<i>Q.</i> I understood you to say, that originally the +report prevailed with respect to both the Begums, but +that you was induced to alter that opinion with respect +to the younger Begum, in consequence of Mr. +Gordon's letters, and the intelligence of some of her +ministers and other persons: were not those other<span class='pagenum'><a name="Page_114" id="Page_114">{114}</a></span> +persons in the interest of the younger Begum?—<i>A.</i> +In general the town of Fyzabad were in her interest.—<i>Q.</i> +In what sense do you mean generally +in her interest? Were the persons you conversed +with merely those who were in her service and +household, or the inhabitants of Fyzabad in general?—<i>A.</i> +Both: I held conversations with both her own +body-servants and the inhabitants of the city."</p> + +<p>A little lower down, in the same page:—</p> + +<p>"<i>Q.</i> What do you mean by the word rebellion, as +applied to the Begums? In what sense do you use it?—<i>A.</i> +In raising troops, and in other acts of rebellion, +in the common acceptation of the word.—<i>Q.</i> Against +whom?—<i>A.</i> Against the Nabob's government and +the British government jointly: but I beg to know the +particular time and circumstance the question alludes +to.—<i>Q.</i> I understand you to have said you understood +the elder Begum was in a constant state of +rebellion. In what sense do you use the word rebellion? +Did you say the elder Begum was in a constant +state of rebellion?—<i>A.</i> I always understood her to +be disaffected to the English government: it might not +be a proper expression of mine, the word rebellion.—<i>Q.</i> +Do you know of any act by the elder Begum +against the Vizier?—<i>A.</i> I cannot state any.—<i>Q.</i> +Do you know of any act which you call rebellion, +committed by the elder Begum against the Company?—<i>A.</i> +I do not know of any particular circumstance, +only it was generally supposed that she was disaffected +to the Company.—<i>Q.</i> What acts of disaffection or +hostility towards the English do you allude to, when +you speak of the conversation of the world at the +time?—<i>A.</i> I have answered that question as fully +as I can,—that it was nothing but conversation,—that<span class='pagenum'><a name="Page_115" id="Page_115">{115}</a></span> +I knew of no particular act or deed myself."</p> + +<p>This man, then, declares, as your Lordships have +heard, that, upon cool, deliberate inquiry made at +Fyzabad from all the inhabitants, he did not believe +in the existence of any rebellion;—that as to the +Bhow Begum, the grandmother, who was a person +that could only be charged with it in a secondary +degree, and as conspiring with the other, he says he +knows no facts against her, except that at the battle +of Buxar, in the year 1764, she had used some odd +expressions concerning the English, who were then +at war with her son Sujah Dowlah. This was long +before we had any empire or pretence to empire in +that part of India: therefore the expression of a rebellion, +which he had used with regard to her, was, he +acknowledged, improper, and that he only meant he +had formed some opinion of her disaffection to the +English.</p> + +<p>As to the Begum, he positively acquits her of any +rebellion. If he, therefore, did not know it, who was +an active officer in the very centre of the alleged rebellion, +and who was in possession of all the persons +from whom information was to be got, who had the +eunuchs in prison, and might have charged them +with this rebellion, and might have examined and +cross-examined them at his pleasure,—if this man +knew nothing about it, your Lordships will judge of +the falsehood of this wicked rumor, spread about +from hand to hand, and which was circulated by persons +who at the same time have declared that they +never heard of it before Sir Elijah Impey went up +into the country, the messenger of Mr. Hastings's +orders to seize the treasures of the Begums, and +commissioned to procure evidence in justificatio<span class='pagenum'><a name="Page_116" id="Page_116">{116}</a></span>n of +that violence and robbery.</p> + +<p>I now go to another part of this evidence. There +is a person they call Hoolas Roy,—a man in the +employment of the Resident, Mr. Middleton. The +gentlemen who are counsel for the prisoner have +exclaimed, "Oh! he was nothing but a news-writer. +What! do you take any notice of him?" Your +Lordships would imagine that the man whom they +treat in this manner, and whose negative evidence +they think fit to despise, was no better than the +writers of those scandalous paragraphs which are +published in our daily papers, to misrepresent the +proceedings of this court to the public. But who in +fact is this Hoolas Roy, whom they represent, for the +convenience of the day, to be nothing but a news-writer? +I will read to your Lordships a letter from +Major Naylor to Colonel Jaques, commanding the +second battalion, twentieth regiment.</p> + +<div class="blockquote"><p>"Sir,—Hoolas Roy, the person appointed by the +Nabob for transacting the business for which the +troops are required here, will hold constant communication +and intercourse with you; and as he is +instructed and acquainted with the best method to +accomplish this business, Mr. Middleton requests implicit +attention to be paid to what he may from time +to time represent respecting the prisoners or the +business on which he is employed; in short, as he is +the person nominated by the Nabob, he wishes Hoolas +Roy to be considered in the same light as if he himself +was present."</p></div> + +<p>Mr. Middleton, in a letter to Lieutenant Francis +Rutledge, writes thus of him:—</p> +<p><span class='pagenum'><a name="Page_117" id="Page_117">{117}</a></span></p> +<div class="blockquote"><p>"Sir,—When, this note is delivered to you by +Hoolas Roy, I have to desire that you order the two +prisoners to be put in irons, keeping them from all +food, &c., agreeable to my instructions of yesterday."</p></div> + +<p>You will first see in how confidential a manner +Hoolas Roy was employed, and in what light he was +held: that he was employed to carry some instructions +which do not indeed appear, but were accompanied +by an order from Mr. Middleton. "When +these instructions shall come to you, to put these +prisoners in irons and keep them without food, &c." +The Begums say, without food and water. <i>Et cetera</i> +are words of large import; but he was "to keep +them without food, &c., agreeable to my instructions +of yesterday." This was a pretty general warrant +for sufferings. This Hoolas Roy, this mere news-writer, +was not only intrusted with this warrant, but +Mr. Middleton declares him to be a person who was +to be received there, and to represent the Nabob, and +very justly too; for he, Mr. Middleton, was undoubtedly +the real nabob of the country. The man, therefore, +whom they talk of in this contemptuous manner +in order to make slight of an observation we made, +and which I shall make again, and whom they affect +to consider as a mere paragraph-monger in some +scandalous newspaper, was a man vested by Mr. +Middleton with authority equal to that of the Nabob +himself.</p> + +<p>Mr. Hastings not only thought him of consequence +enough to be a witness to the severities used on the +ministers of the Begums, but he considered that he +would afterwards be a fit witness to the rebellion. +I pray your Lordships to mark this: he sent for this +Hoolas Roy, (who is now nothing but a mere paragraph<span class='pagenum'><a name="Page_118" id="Page_118">{118}</a></span>-monger,)—he +sent for him from Fyzabad to +Benares,—a pretty long journey; and at last caused +him to be examined before Sir Elijah Impey. He +has, however, sunk his evidence: a suppression which +is strongly in favor of the Begums, and equally +strong against their accuser. Here we have a man +who was intrusted with all their orders,—who represented +the English government,—who represented +the Nabob's government: this man is sent for +by Mr. Hastings; he gives his deposition before +Sir Elijah Impey; and the deposition so given is not +to be found either upon the Company's record, in +Sir Elijah Impey's trunk, in Jonathan Scott's trunk, +nor in any other place whatever. The evidence of +a witness who could speak most clearly, as probably +he did, and most decisively, upon this subject, is +sunk. They suppress, and dare not produce, the affidavit +of the man who was at the bottom of every +secret of both governments. They had the folly to +let you know, obliquely, that he had been sent for +by Mr. Hastings, but they conceal the information +obtained from him: a silence more damning than +any positive evidence could be. You have here a +proof of their practice of producing such evidence +only as they thought most favorable to their wicked +purposes, in the destruction of this great and ancient +family.</p> + +<p>But all the English, they say, believed in the existence +of this rebellion. This we deny. Mr. Purling, +who was Resident the year before its pretended +explosion, has told you that he never knew of anything +like a plot carrying on by these women. We +were almost ashamed to put the question to him. +Did Mr. Bristow, the next Resident, know or bel<span class='pagenum'><a name="Page_119" id="Page_119">{119}</a></span>ieve +in this plot? He seems, indeed, to have been induced +to give some oblique hints to Mr. Hastings +of improper conduct on the part of the Begums, but +without stating what it was. In a letter to Mr. +Hastings, he appears to endeavor to soften the cruel +temper of this inflexible man by going a little way +with him, by admitting that he thought they had behaved +improperly. When Mr. Wombwell, another +Resident, is asked whether any Englishman doubted +of it, he says Mr. Bristow doubted of it. No one, +indeed, who reads these papers, can avoid seeing +that Mr. Bristow did not believe one word of it,—no +more, in fact, than did Mr. Hastings, or anybody else.</p> + +<p>But, my Lords, let us go from these inferior agents +and servants of the Company to their higher officers. +Did Mr. Stables believe it? This gentleman was +Mr. Hastings's colleague in the Council,—a man +of as much honor, I really believe, as ever went to +India,—a faithful old servant of the Company, and +very worthy of credit. I believe there is not a spot +upon him during all his long service under the Company: +if any, it is his being a little too obsequious, +sometimes, to Mr. Hastings. Did he believe it? +No, he did not: and yet he was one of the persons +authorized to investigate it coolly, and most able to +do so.</p> + +<p>Upon the whole, then, the persons who best knew +the state of the country did not believe it; the Nabob +did not believe it; the Begums were never charged +with it; no ground of suspicion is suggested, except +loose rumors and the story of two nudjeeves. +Under these circumstances the treasures of these ancient +ladies were seized, their property confiscated, +and the Nabob dragged most reluctantly to this <span class='pagenum'><a name="Page_120" id="Page_120">{120}</a></span>act. +Yes, my Lords, this poor, miserable victim was forced +to violate all the laws of Nature, all decency, all +property, to rob his own mother, for the benefit +of Mr. Hastings. All this he was forced to do: he +was made the reluctant instrument of punishing his +mother and grandmother for a plot of which even +their accusers do not pretend to say that the parties +accused had ever received any intimation.</p> + +<p>My Lords, in forming your judgment upon this +nefarious proceeding, your Lordships will not fail to +advert to the fundamental principles, the acknowledged +maxims and established rules, of all judgment +and justice,—that conviction ought to precede execution, +that trial ought to precede conviction, and +that a prosecutor's information and evidence ought +to be the preliminary step and substance of the trial. +Here everything was reversed: Sir Elijah Impey +goes up with the order for execution; the party +accused is neither arraigned nor tried; this same +Sir Elijah then proceeds to seek for witnesses and +to take affidavits; and in the mean time neither the +Nabob, the ostensible prosecutor, nor his mother and +grandmother, the parties accused, knew one word of +the matter.</p> + +<p>But possibly some peculiarity in the circumstances +of the case rendered such a proceeding necessary, +and may justify it. No such peculiarity has been +proved or even alleged; nay, it is in the highest +degree improbable that it could have existed. Mr. +Hastings had another opportunity of doing himself +justice. When an account of this business was +transmitted to the Court of Directors, they ordered +him to inquire into it: and your Lordships will see +what he did in consequence of this order. Your<span class='pagenum'><a name="Page_121" id="Page_121">{121}</a></span> +Lordships will then judge of the extreme audacity +of the defence which he has made of this act at your +bar, after having refused to institute any inquiry into +it, although, he had the positive order of the Court +of Directors, and was in the place where that inquiry +could be made effectually, and in the place where +the unfortunate women could have an opportunity +of clearing themselves.</p> + +<p>I will first read to your Lordships an extract from +the letter of the Court of Directors to the board at +Calcutta, dated the 14th of February, 1783.</p> + +<div class="blockquote"><p>"4. By the second article of the treaty [of Chunar] +the Nabob is permitted to resume such jaghires +as he shall think proper, with a reserve, that all such +jaghiredars, for the amount of whose jaghires the +Company are guaranties, shall, in case of a resumption +of their lands, be paid the amount of the net +collections through the Resident.</p> + +<p>"5. We do not see how the Governor-General +could consent to the resumption of such lands as +the Company had engaged should remain in the +hands of those who possessed them previous to the +execution of the late treaty, without stronger proofs +of the Begums' defection than have been laid before +us; neither can we allow it to be good policy to reduce +the several jaghiredars, and thus uniting the +territory, and the troops maintained for the protection +of that territory, under one head, who, by that +means, at some future period, may become a very +powerful enemy to the Company.</p> + +<p>"6. With respect to the resumption of the jaghires +possessed by the Begums in particular, and the +subsequent seizure of the treasure deposited w<span class='pagenum'><a name="Page_122" id="Page_122">{122}</a></span>ith the +Vizier's mother, which the Governor-General, in his +letter to the board, 23d January, 1782, has declared +he strenuously encouraged and supported, we hope +and trust, for the honor of the British nation, that the +measure appeared to be fully justified in the eyes of +all Hindostan. The Governor-General has informed +us that it can be well attested, that the Begums principally +excited and supported the late commotions, +and that they carried their inveteracy to the English +nation so far as to aim at our utter extirpation.</p> + +<p>"7. It must have been publicly known that in +1775 the Resident at the Vizier's court not only +obtained from the Begum, widow of the late Sujah +Dowlah, on the Nabob's account, thirty lacs of rupees, +half of which was to be paid to the Company, but +also the forbearance of twenty-six lacs, for the repayment +of which she had security in land, on the Nabob's +agreeing to renounce all further claims upon +her, and that to this agreement the Company were +guaranties.</p> + +<p>"8. We find that on the 21st December, 1775, +the Begum complained of a breach of engagements +on the part of the Nabob, soliciting your protection +for herself, her mother, and for all the women belonging +to the seraglio of the late Nabob, from the distresses +to which they were reduced; in consequence +whereof it was agreed in consultation, 3d January, +1776, to remonstrate with the Vizier,—the Governor-General +remarking, that, as the representative of +our government has become an agent in this business, +and has pledged the honor and faith of the +Company for the punctual observance of the conditions +under which the treaty was concluded, you had +a right to interfere, and justice demanded it<span class='pagenum'><a name="Page_123" id="Page_123">{123}</a></span>, if it +should appear that those engagements have been violated. +And the board at the same time resolved, +that, as soon as the Begum's engagements with the +Nabob, to which Mr. Bristow is a party, shall be fulfilled +on her part, this government will think themselves +bound to protect her against any further demand +or molestation.</p> + +<p>"9. If, therefore, the disaffection of the Begums +was not a matter of public notoriety, we cannot but be +alarmed for the effects which these subsequent transactions +must have had on the minds of the natives of +India. The only consolation we feel upon this occasion +is, that the amount of those jaghires for which +the Company were guaranties is to be paid through +our Resident at the court of the Vizier; and it very +materially concerns the credit of your government on +no account to suffer such payments to be evaded.</p> + +<p>"10. If it shall hereafter be found that the Begums +did not take that hostile part against the Company +which has been represented, as well in the Governor-General's +Narrative as in several documents +therein referred to,—and as it nowhere appears, +from the papers at present in our possession, that +they excited any commotion previous to the imprisonment +of Rajah Cheyt Sing, but only armed themselves +in consequence of that transaction,—and as it +is probable that such a conduct proceeded entirely +from motives of self-defence, under an apprehension +that they themselves might likewise be laid under +unwarrantable contributions,—we direct that you +use your influence with the Vizier that their jaghires +may be restored to them; but if they should be under +apprehensions respecting the future conduct of +the Vizier, and wish our further protection, i<span class='pagenum'><a name="Page_124" id="Page_124">{124}</a></span>t is our +pleasure that you afford those ladies an asylum within +the Company's territories, and there be paid the +amount of the net collections of their jaghires, agreeably +to the second article of the late treaty, through +the medium of our Resident, as may be ascertained +upon an average estimate of some years back."</p></div> + +<p>You see, my Lords, the Directors had received +every one of his false impressions. They had conceived +an idea, that, after the rebellion of Cheyt +Sing, (but not before, upon his own showing,) the +Begums had shown a disposition to arm. They here +assume a false fact, which Mr. Hastings stated in +his representation of the business to them. They +assume a variety of other false facts: they assume +that the amount of the jaghires of the Begums were +to be paid them in regular pensions; whereas they +were totally confiscated, without any compensation at +all. And yet, upon Mr. Hastings's own showing, +they found the transaction to be so dishonorable to +the British government, that they desire him to make +inquiry into it, and give redress accordingly.</p> + +<p>Here, then, is another order of the Company, another +call upon Mr. Hastings to examine to the bottom +of this affair. The Directors, after giving him +credit for that enormous mass of falsehoods which +we have proved him to have stated in his Narrative, +found themselves so utterly dissatisfied, that they +gave this conditional order to restore the Begums to +their jaghires. Your Lordships will find it in evidence +upon your minutes, that he contumaciously +disobeyed this order,—that he would not consent +to the propositions of the Council for inquiring +into the conduct of these injured women, but sti<span class='pagenum'><a name="Page_125" id="Page_125">{125}</a></span>fled +every attempt that was made by others to do them +justice. And yet he here has the effrontery to propose +that your Lordships should inquire into the +business at your bar,—that you should investigate +a matter here which he refused to inquire into on +the spot, though expressly ordered by his masters so +to do.</p> + +<p>I will now read to your Lordships a short extract +from his own narrative of his own proceedings. It +begins with reciting part of a note entered by Mr. +Macpherson in the Consultations of the Council, at +the time when the orders of the Court of Directors +which I have just alluded to were taken into consideration.</p> + +<p>"What the Court of Directors seem to have most +at heart are, first, that the engagement of the second +article of the Benares treaty should be faithfully fulfilled,—and, +secondly, to guard against the future +misconduct of the Vizier, if he should be disposed +to oppress the Begums; that we should therefore +ascertain whether the amount of the jaghires of the +Begums is regularly paid to them through the Company's +Resident, and give them notice that no future +demands shall be made upon them. This the Governor-General +might, I think, do in a letter that +would make the Begums sensible of their past misconduct, +yet inform them of the lenity and gracious +intentions of the Company, in ordering them an asylum +in Bengal, in case of future distress."</p> + +<p>In consequence of the foregoing opinion from Mr. +Macpherson, the following minute was delivered by +the Governor-General.</p> + +<p>"I should gladly acquiesce in the motion made +by Mr. Macpherson, if I thought it possible t<span class='pagenum'><a name="Page_126" id="Page_126">{126}</a></span>o frame +a letter to the Begums in any terms which should +at the same time convey the intimation proposed by +it and not defeat the purpose of it, or be productive +of evils greater than any which exist in consequence +of the proceedings which have already taken place, +and which time has almost obliterated. The orders +of the Court of Directors are conditional; they require +nothing, but in the event of discoveries made +subsequent to the advices which were before you on +the 14th February last, in alleviation of the former +conduct of the Begums. Nothing has since appeared +in relation to them, but their refusal, or +rather that of one, to fulfil her engagements for the +payment of the remainder of the sum exacted from +her by the Nabob Vizier in the beginning of last +year. Whatever obedience may be due to the clear +ascertained spirit of the orders of the Court of +Directors, this obligation cannot extend to points +to which neither the letter nor evident spirit of +their orders apply. If I am rightly informed, the +Nabob Vizier and the Begums are on terms of mutual +good-will. It would ill become this government +to interpose its influence by any act which might +tend to revive their animosities: and a very slight +occasion would be sufficient to effect it. It will be +to little purpose to tell them that their conduct has, +in our estimation of it, been very wrong, and at the +same time to announce to them the orders of our +superiors, which more than indicate the reverse. +They will instantly take fire on such a declaration, +proclaim the judgment of the Company in their favor, +demand a reparation of the acts which they will construe +wrongs with such a sentence warranting that +construction,—and either accept the invita<span class='pagenum'><a name="Page_127" id="Page_127">{127}</a></span>tion, to +the proclaimed scandal of the Vizier, which will not +add to the credit of our government, or remain in +his dominions, but not under his authority, to add +to his vexations and the disorders of the country, by +continual intrigues and seditions. Enough already +exists to affect his peace, and the quiet of his people; +if we cannot heal, let us not inflame the wounds +which have been inflicted.</p> + +<p>"If the Begums think themselves aggrieved to +such a degree as to justify them in an appeal to a +foreign jurisdiction,—to appeal to it against a man +standing in the relation of son and grandson to them,—to +appeal to the justice of those who have been the +abettors and instruments of their imputed wrongs,—let +us at least permit them to be the judges of their +own feelings, and prefer their complaints before we +offer to redress them: they will not need to be +prompted. I hope I shall not depart from the simplicity +of official language, in saying, that the majesty +of justice ought to be approached with solicitation, not +descend to provoke or invite it, much less to debase +itself by the suggestion of wrongs and the promise of +redress, with the denunciation of punishment before +trial, and even before accusation."</p> + +<p>My Lords, if, since the beginning of the world, +such a paper as this was ever before written by a +person standing in the relation of a servant to his +master, I shall allow that every word we have said to +your Lordships upon this occasion to mark his guilt +ought to be expunged from your minutes and from +our charges.</p> + +<p>Before I proceed to make any observations upon +this act of open rebellion against his superiors, I +must beg your Lordships to remark the cruelty of<span class='pagenum'><a name="Page_128" id="Page_128">{128}</a></span> +purpose, the hostile feeling, towards these injured +women, which were displayed in this daring defiance. +Your Lordships will find that he never is a +rebel to one party without being a tyrant to some +others; that <i>rebel</i> and <i>tyrant</i> are correlative terms, +when applied to him, and that they constantly go +together.</p> + +<p>It is suggested by the Directors, that the Nabob is +the persecutor, the oppressor, and that Mr. Hastings +is the person who is to redress the wrong. But here +they have mistaken the matter totally. For we have +proved to your Lordships that Mr. Hastings was the +principal in the persecution, and that the Nabob was +only an instrument. "If I am rightly informed," +he says, "the Nabob and the Begums are on terms +of mutual good-will. It would ill become this government +to interpose its influence by any act which +might tend to revive their animosities: and a very +slight occasion would be sufficient to effect it." What +animosities had they towards each other? None that +we know of. Mr. Hastings gets the Nabob to rob +his mother; and then he supposes, contrary to truth, +contrary to fact, contrary to everything your Lordships +have heard, that the Nabob would fall into a +fury, if his mother was to obtain any redress,—and +that, if the least inquiry into this business was made, +it would create a flame in the Nabob's mind, on account +of the active, energetic, spirited part he had +taken in these transactions. "Therefore," says he, +"oh, for God's sake, soothe the matter! It is a +green wound; don't uncover it; do nothing to irritate. +It will be to little purpose to tell them that +their conduct has in our estimation of it been very +wrong, and at the same time announce to them the<span class='pagenum'><a name="Page_129" id="Page_129">{129}</a></span> +orders of our superiors, which more than indicate +the reverse." Now, my Lords, to what does all this +amount? "First," says he, "I will not do them +justice,—I will not enter upon an inquiry into their +wrongs." Why? "Because they charge us with +having inflicted them." Then, surely, for that reason, +you ought to commence an inquiry. "No," says +he, "that would be telling them that our superiors +suspect we are in the wrong." But when his superiors +more than indicated suspicions, was he not bound +tenfold to make that inquiry, for his honor and for +their satisfaction, which they direct him to make? +No, he will not do it, "because," says he, "the Begums +would either accept the offer of an asylum in +the Company's territories, to the proclaimed scandal +of the Vizier, which would not add to the credit of +our government, or they would remain in his dominions, +but not under his authority, to add to his vexations, +and the disorders of the country, by continual +intrigues and seditions."</p> + +<p>You see, my Lords, this man is constantly thrusting +this peaceable Nabob before him; goading and +pushing him on, as if with a bayonet behind, to the +commission of everything that is base and dishonorable. +You have him here declaring that he will not +satisfy the Directors, his masters, in their inquiries +about those acts, for fear of the Nabob's taking umbrage, +and getting into a flame with his mother,—and +for fear the mother, supported by the opinion +of the Directors, should be induced to resent her +wrongs. What, I say, does all this amount to? It +amounts to this:—"The Begums accuse me of doing +them injustice; the Directors indicate a suspicion +that they have been injured; therefore I will not<span class='pagenum'><a name="Page_130" id="Page_130">{130}</a></span> +inquire into the matter." Why? "Because it may +raise disturbances." But what disturbance could it +raise? The mother is disarmed, and could not hurt +the Nabob. All her landed estates he knew were +confiscated; he knew all her money was in his own +possession; he knew she had not the means, if she +had been disposed, to create intrigues and cabals;—what +disturbance, then, could be created by his sending +a letter to know what she had to say upon the +subject of her wrongs?</p> + +<p>"<i>If</i>" says he, "<i>the Begums think themselves aggrieved.</i>" +Observe, my Lords, that the institution of +an inquiry is no measure of the Begums; it is an +order of the Court of Directors, made by them upon +his own representation of his own case, and upon +nothing else. The Begums did not dare to murmur; +they did not dare to ask for redress, God knows the +poor creatures were, at or about the time, his prisoners,—robbed,—stripped +of everything,—without +hope and without resource. But the Directors, doing +their duty upon that occasion, did condemn him upon +his own false representations contained in that bundle +of affidavits upon which his counsel now contend +that your Lordships should acquit him.—"But," +says he, "are they to <i>appeal to a foreign jurisdiction</i>?" +When these women were to be robbed, we were not +foreigners to them; on the contrary, we adjudged +them guilty of rebellion. We sent an English chief-justice +to collect materials of accusation against +them. We sent English officers to take their money. +The whole was an English transaction. When wrong +is to be done, we have then an interest in the country +to justify our acting in it; but when the question is +of redressing wrongs, when the question is of doing<span class='pagenum'><a name="Page_131" id="Page_131">{131}</a></span> +justice, when the question is of inquiry, when the +question is of hearing complaints, then it is a foreign +jurisdiction. You are to suffer Mr. Hastings—to +make it foreign, or to make it domestic, just as it answers +his purposes.—But they are "<i>to appeal against +a man standing in the relation of son and grandson +to them, and to appeal to the justice of those who have +been the abettors and instruments of their imputed +wrongs</i>." Why, my Lords, if he allows that he is the +abettor of, and the instrument to which the Directors +impute these wrongs, why, I ask, does he, with those +charges lying upon him, object to all inquiry in the +manner you have seen?</p> + +<p>But the Company's Governor is, it seems, all at +once transformed into a great sovereign;—"<i>the majesty +of justice ought to be approached with solicitation</i>." +Here, my Lords, he forgets at once the Court of +Directors, he forgets the laws of England, he forgets +the act of Parliament, he forgets that any obedience +is due to his superiors. The Begums were to approach +him by the orders of the Court of Directors; +he sets at nought these orders, and asserts that he +must be approached with solicitations.</p> + +<p>"<i>Time</i>," says he, "<i>has obliterated their sufferings.</i>" +Oh, what a balm of oblivion time spreads over the +wrongs, wounds, and afflictions of others, in the mind +of the person who inflicts those wrongs and oppressions! +The oppressor soon forgets. This robbery +took place in 17[81]; it was in the year 1783 when +he asserted that the waters of Lethe had been poured +over all their wrongs and oppressions. Your Lordships +will mark this insulting language, when he says +that both the order of the Directors and the application +of the Begums for redress must be <i>solicitations<span class='pagenum'><a name="Page_132" id="Page_132">{132}</a></span> +to him</i>.</p> + +<div class="blockquote"><p>[Here Mr. Burke was interrupted by Mr. Hastings, +who said, "My Lords, there was no order. I find a +man's patience may be exhausted. I hear so many +falsehoods, that I must declare there was no order of +the Court of Directors. Forgive me, my Lords. He +may say what he pleases; I will not again controvert +it. But there is no order; if there is, read it." Mr. +Burke then proceeded.]</p></div> + +<p>Judge you, my Lords, what the insolence, audacity, +and cruelty of this man must have been, from his +want of patience in his present situation, and when +he dares to hold this language here. Your Lordships +will reckon with him for it, or the world will reckon +with you.</p> + +<div class="blockquote"><p>[Mr. Hastings here again interrupted Mr. Burke, +and said, "There was no order for inquiry."]</p></div> + +<p><i>Mr. Burke.</i>—Your Lordships have heard the +letter read,—I mean the letter from the Directors, +which I read just now. You will judge whether it is +an order or not. I did hope within these two days +to put an end to this business; but when your Lordships +hear us charged with direct falsehood at your +bar, when you hear this wicked wretch who is before +you—</p> + +<div class="blockquote"><p>[<i>From a Lord.</i>—Order! order! order!]</p></div> + +<p><i>Mr. Burke.</i>—Order, my Lords, we call for, in the +name of the Commons! Your Lordships have heard +us accused at your bar of falsehood, after we had read +the order upon which our assertion was founded.<span class='pagenum'><a name="Page_133" id="Page_133">{133}</a></span> +This man, whom we have described as the scourge +and terror of India, this man gets up, and charges +us, not with a mistake, an error, a wrong construction, +but a direct falsehood,—and adds, that his +patience is worn out with the falsehood he hears. +This is not an English court of justice, if such a thing +is permitted. We beg leave to retire, and take instructions +from our constituents. He ought to be +sent to Bridewell for going on in this manner.</p> + +<div class="blockquote"><p>[<i>Mr. Wyndham here read the letter again.</i>]</p></div> + +<p><i>Mr. Burke.</i>—With regard to the ravings of this +unhappy man, I am sure, if I were only considering +what passed from him to the Managers in this box, +and knowing what allowance is due to a wounded +conscience, brought before an awful tribunal, and +smarting under the impressions of its own guilt, I +would pass them over. But, my Lords, we have the +honor of the Commons, we have the honor of this +court to sustain. [Your Lordships, the other day, +for an offence committed against a constable, who +was keeping the way under your orders, did, very +justly, and to the great satisfaction of the public, +commit the party to Bridewell, for a much slighter +insult against the honor and dignify of your court.] +And I leave it, therefore, for the present, till your +Lordships can seriously consider what the mode of +proceeding in this matter ought to be.—I now proceed.</p> + +<hr style='width: 45%;' /> + +<p>We have read to your Lordships the orders of the +Court of Directors: I again say we consider them as +orders: your Lordships are as good judges of the +propriety of the term as we are. You have heard<span class='pagenum'><a name="Page_134" id="Page_134">{134}</a></span> +them read; you have also heard that the Council at +Calcutta considered them as orders, for resolutions +were moved upon them; and Mr. Stables, in evidence +before you here, who was one of the Council, +so considered them: and yet this man has the frantic +audacity in this place to assert that they were not +orders, and to declare that he cannot stand the repetition +of such abominable falsehoods as are perpetually +urged against him. We cannot conceive that your +Lordships will suffer this; and if you do, I promise +you the Commons will not suffer the justice of the +country to be trifled with and insulted in this manner: +because, if such conduct be suffered by your +Lordships, they must say that very disagreeable consequences +will ensue, and very disagreeable inferences +will be drawn by the public concerning it. +You will forgive, and we know how to forgive, the +ravings of people smarting under a conscious sense +of their guilt. But when we are reading documents +given in evidence, and are commenting upon them, the +use of this kind of language really deserves your Lordships' +consideration. As for us, we regard it no +more than we should other noise and brawlings of +criminals who in irons may be led through the streets, +raving at the magistrate that has committed them. +We consider him as a poor, miserable man, railing +at his accusers: it is natural he should fall into all +these frantic ravings, but it is not fit or natural that +the Court should indulge him in them. Your Lordships +shall now hear in what sense Mr. Wheler and +Mr. Stables, two other members of the Council, understood +this letter.</p> + +<p>Mr. Wheler thus writes.—"It always has been +and always will be my wish to conform implicitly<span class='pagenum'><a name="Page_135" id="Page_135">{135}</a></span> to the +orders of the Court of Directors, and I trust that the +opinion which I shall give upon that part of the Court's +letter which is now before us will not be taken up +against its meaning, as going to a breach of them. +The orders at present under the board's consideration +are entirely provisional. Nothing has passed since +the conclusion of the agreement made by the Governor-General +with the Vizier at Chunar which induces +me to alter the opinion which I before held, as well +from the Governor-General's reports to this board +as the opinions which I have heard of many individuals +totally unconcerned in the subject, that the +Begums at Fyzabad did take a hostile part against +the Company during the disturbances in Benares; +and I am impressed with a conviction that the conduct +of the Begums did not proceed entirely from +motives of self-defence. But as the Court of Directors +appear to be of a different opinion, and conceive +that there ought to be stronger proofs of the defection +of the Begums than have been laid before them, I +think, that, before we decide on their orders, the late +and present Resident at the Vizier's court, and the +commanding officers in the Vizier's country, ought +to be required to collect and lay before the board +all the information they can obtain with respect +to the defection of the Begums during the troubles +in Benares, and their present disposition to the +Company."</p> + +<p>Mr. Stables, September 9th, 1783, writes thus.—"The +Court of Directors, by their letter of the 14th +February, 1783, seem not to be satisfied that the disaffection +of the Begums to this government is sufficiently +proved by the evidence before them. I therefore +think that the late and present Resident an<span class='pagenum'><a name="Page_136" id="Page_136">{136}</a></span>d +commanding officers in the Vizier's country at the +time should be called upon to collect what further +information they can on this subject, in which the +honor and dignity of this government is so materially +concerned, that such information may be immediately +transmitted to the Court of Directors."</p> + +<p>When questioned upon this subject at your Lordships' +bar, he gives this evidence.—"<i>Q.</i> What was +your motive for proposing that investigation?—<i>A.</i> A +letter from the Court of Directors; I conceived it to +be ordered by them.—<i>Q.</i> Did you conceive the letter +of the Court of Directors positively to direct that inquiry?—<i>A.</i> +I did so certainly at the time, and I beg +to refer to the minutes which expressed it."—A question +was put to the same witness by a noble lord. +"<i>Q.</i> The witness has stated, that at the time he has +mentioned he conceived the letter from the Court of +Directors to order an inquiry, and that it was upon +that opinion that he regulated his conduct, and his +proposal for such inquiry. I wish to know whether +the expression, '<i>at the time</i>,' was merely casual, or am +I to understand from it that the witness has altered +his opinion of the intention of this letter since that +time?—<i>A.</i> I certainly retain that opinion, and I +wished the inquiry to go on."</p> + +<p>My Lords, you see that his colleagues so understood +it; you see that we so understood it; and still +you have heard the prisoner, after charging us with +falsehood, insultingly tell us we may go on as we +please, we may go on in our own way. If your +Lordships think that it was not a positive order, which +Mr. Hastings was bound to obey, you will acquit him +of the breach of it. But it is a most singular thing, +among all the astonishing circumstances of this case,<span class='pagenum'><a name="Page_137" id="Page_137">{137}</a></span> +that this man, who has heard from the beginning to +the end of his trial breaches of the Company's orders +constantly charged upon him,—(nay, I will venture +to say, that there is not a single step that we have +taken in this prosecution, or in observations upon evidence, +in which we have not charged him with an +avowed direct breach of the Company's order,—you +have heard it ten times this day,—in his defence before +the Commons he declares he did intentionally, +in naming Mr. Markham, break the Company's orders,)—it +is singular, I say, that this man should +now pretend to be so sore upon this point. What is +it now that makes him break through all the rules +of common decency and common propriety, and show +all the burnings of guilt, upon being accused of the +breach of one of the innumerable orders which he +has broken, of which he has avowed the breaking, +and attempted to justify himself a thousand times in +the Company's books for having broken?</p> + +<p>My Lords, one of his own body, one of the Council, +has sworn at your bar what he repeatedly declared +to be his sense of it. We consider it as one of the +strongest orders that can be given, because the reason +of the order is added to it: the Directors declaring, +that, if it should not be found upon inquiry, (you +see, my Lords, it puts the very case,)—"if you do +not find such and such things, we shall consider the +English honor wounded and stained, and we direct +you to make reparation." There are, in fact, two +orders contained in this letter, which we take to be +equally strong and positive,—and we charge him +with the breach of both: namely, the order for inquiry, +and the conditional order of restoring to the +Begums their jaghires, or making satisfaction<span class='pagenum'><a name="Page_138" id="Page_138">{138}</a></span> for +them; and in case of any apprehension of reluctance +in the Nabob, to bring them for security into the +Company's territories. The two last positive orders +are preceded by the supposition of an inquiry which +was to justify him either in the acts he had done or +to justify him in making restitution. He did neither +the one nor the other. We aver that he disobeyed +all these orders. And now let his impatience break +out again.</p> + +<p>Your Lordships have seen, amongst the various +pretences by which this man has endeavored to justify +his various delinquencies, that of fearing to offend +the Nabob by the restoration of their jaghires +to the Begums is one. Your Lordships will form +your own judgment of the truth or falsehood of this +pretence, when you shall have heard the letter which +I shall now read to you, written to Mr. Hastings by +the Nabob himself.</p> + + +<div class="blockquote"><p class="center"><i>Letter from the Nabob Vizier to Mr. Hastings, 25th +February, 1782.</i></p> + +<p>"You performed on every occasion towards me +whatever was becoming of friendship: I, too, have +done whatever affection required and you commanded; +and in future also, whatever may be your pleasure, +there shall be no deviation therefrom, because +whatever you direct is altogether for my benefit. +The business for which I came to Fyzabad is become +settled by your favor: particulars will become known +to your wisdom from the writings of Mr. Middleton. +I am grateful for your favors. If in these matters +you sincerely approve me, communicate it, for it will +be a comfort to me. Having appointed my own +aumils to the jaghire of the lady mother, I<span class='pagenum'><a name="Page_139" id="Page_139">{139}</a></span> have engaged +to pay her cash. She has complied with my +views. Her pleasure is, that, after receiving an engagement, +he should deliver up the jaghires. What +is your pleasure in this matter? If you command, +it will comfort the lady mother giving her back the +jaghire after I have obtained my views; or I will +have it under my aumil. I am obedient to your +pleasure."</p></div> + +<p>Your Lordships here see the Begum a suppliant +to have her jaghire restored, (after entering into +some engagement that might have been required of +her,) and the Nabob, in a tone equally suppliant, +expressing his consent, at least, that her request +should be complied with, if the command of Mr. +Hastings could be procured.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, in order to save your Lordships' time, +and that I might not overload this business, I did not +intend to have troubled you with any observations +upon this part of it; but the charge of falsehood +which the prisoner at your bar has had the audacity +to bring against us has induced me to lay it more +particularly before, you. We have now done with it; +but before we retire, your Lordships will permit me +to recapitulate briefly the substance of what has now +been urged respecting his conduct towards these +miserable women. We accuse him of reiterated +breaches of the orders of the Court of Directors, both +in the letter and spirit of them, and of his contempt +of the opinions which his colleagues in office had +formed of them. We charge him with the aggravation +of these delinquencies, by the oppression and +ruin which they brought upon the family of th<span class='pagenum'><a name="Page_140" id="Page_140">{140}</a></span>e +Nabob, by the infraction of treaties, and by the disrepute +which in his person was sustained by the +government he represented, and by the stain left upon +the justice, honor, and good faith of the English +nation. We charge him with their farther aggravation +by sundry false pretences alleged by him in justification +of this conduct, the pretended reluctance +of the Nabob, the fear of offending him, the suggestion +of the Begums having forgotten and forgiven the +wrongs they had suffered, and of the danger of reviving +their discontent by any attempt to redress them, +and by his insolent language, that the majesty of justice +with which he impudently invests himself was +only to be approached with solicitation. We have +farther stated, that the pretence that he was only concerned +in this business as an accessary is equally false; +it being, on the contrary, notorious, that the Nabob +was the accessary, forced into the service, and a mere +instrument in his hands, and that he and Sir Elijah +Impey (whose employment in this business we stated +as a farther aggravation) were the authors and principal +agents. And we farther contend, that each of +these aggravations and pretences is itself, in fact and +in its principle, a substantive crime.</p> + +<p>Your Lordships witnessed the insolence with which +this man, stung to the quick by the recital of his +crime, interrupted me; and you heard his recrimination +of falsehood against us. We again avouch +the truth of all and every word we have uttered, +and the validity of every proof with which we have +supported them. Let his impatience, I say, now +again burst forth,—he who feels so sensibly everything +that touches him, and yet seeks for an act of +indemnity for his own atrocities, by endeavor<span class='pagenum'><a name="Page_141" id="Page_141">{141}</a></span>ing to +make you believe that the wrongs of a desolated +family are within one year forgotten by them, and +buried in oblivion.</p> + +<p>I trust, my Lords, that both his prosecutors and +his judges will evince that patience which the criminal +wants. Justice is not to wait to have its majesty +approached with solicitation. We see that throne +in which resides invisibly, but virtually, the majesty +of England; we see your Lordships representing, in +succession, the juridical authority in the highest +court in this kingdom: but we do not approach you +with solicitation; we make it a petition of right; +we claim it; we demand it. The right of seeking +redress is not suppliant, even before the majesty of +England; it comes boldly forward, and never thinks +it offends its sovereign by claiming what is the right +of all his people.</p> + +<p>We have now done with this business: a business +as atrocious as any that is known in the history of +mankind; a business that has stained, throughout all +Asia, the British character, and by which our fame +for honor, integrity, and public faith has been forfeited; +a business which has introduced us throughout +that country as breakers of faith, destroyers of +treaties, plunderers of the weak and unprotected, and +has dishonored and will forever dishonor the British +name. Your Lordships have had all this in evidence. +You have seen in what manner the Nabob, his country, +his revenues, his subjects, his mother, his family, +his nobility, and all their fortunes, real and personal, +have been disposed of by the prisoner at your bar; +and having seen this, you will by the impatience of +this criminal estimate the patience of the unfortunate +women into whose injuries he refused to inquire.<span class='pagenum'><a name="Page_142" id="Page_142">{142}</a></span> +What he would not do the Commons have done. +They know that you have a feeling different from +that which he manifested on this occasion; they do +not approach you suppliantly, but demand justice; +they insist, that, as the Commons have done their +part, your Lordships will perform yours.</p> + +<hr style='width: 45%;' /> + +<p>We shall next proceed to show your Lordships +how he acted towards another set of women, the +women of the late Sujah Dowlah, and for whom the +Directors had ordered a maintenance to be secured +by an express treaty. You will see that he is cruel +towards the weak sex, and to all others in proportion +as they are weak and powerless to resist him. You +will see, I say, when he had usurped the whole government +of Oude, and brought it into a servile dependence +on himself, how these women fared; and +then your Lordships will judge whether or not, and +in what degree, he is criminal.</p> +<p><span class='pagenum'><a name="Page_143" id="Page_143">{143}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="SEVENTH_DAY_THURSDAY_JUNE_12_1794" id="SEVENTH_DAY_THURSDAY_JUNE_12_1794"></a>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">SEVENTH DAY. THURSDAY, JUNE 12, 1794.</span></h2> + + +<p>My Lords,—When I had last the honor of +addressing your Lordships from this place, my +observations were principally directed to the unjust +confiscation and seizure of the jaghires and treasures +of the Begums, without previous accusation, or trial, +or subsequent inquiry into their conduct, in violation +of a treaty made with them and guarantied by +the East India Company,—to the long imprisonment +and cruel treatment of their ministers, and to the +false pretences and abominable principles by which +the prisoner at your bar has attempted to justify his +conduct. The several acts of violence and of oppression +were, as we have shown your Lordships, +committed with circumstances of aggravated atrocity +highly disgraceful to the British name and character,—and +particularly by his forcing the Nabob to become +the means and instrument of reducing his +mother and grandmother and their families to absolute +want and distress.</p> + +<p>I have now to call your attention to his treatment +of another branch of this miserable family,—the +women and children of the late Nabob Sujah ul +Dowlah. These persons were dependent upon the +Begums, and by the confiscation of their property, +and by the ruin of various persons who would other<span class='pagenum'><a name="Page_144" id="Page_144">{144}</a></span>wise +have contributed to their maintenance, were reduced +to the last extremity of indigence and want. +Being left without the common necessaries of life, +they were driven to the necessity of breaking through +all those local principles of decorum which constitute +the character of the female sex in that part +of the world; and after fruitless supplications and +shrieks of famine, they endeavored to break the inclosure +of the palace, and to force their way to the +market-place, in order to beg for bread. When they +had thus been forced to submit to the extremity +of disgrace and degradation, by exposing themselves +to public view with the starving children of their late +sovereign, the brothers and sisters of the reigning +prince, they were, in this attempt, attacked by the +sepoys armed with bludgeons, and driven back by +blows into the palace.</p> + +<p>My Lords, we have first laid before you the sufferings +and disgraces of women of the first distinction +in Asia, protected by their rank, protected by their +sex, protected by their near relation to the prince of +the country, protected by two guaranties of the representative +of the British government in India. We +now come to another class of women, who suffered +by the violent misappropriation of the revenues of +the Nabob, by which their regular allowance was +taken from them; and your Lordships will find that +this man's crimes, at every step we take, ripen in +guilt, his acts of positive injustice are always aggravated +by his conduct with regard to the consequences +of them, and form but a small part in the mass of +oppression and tyranny which we have brought before +you.</p> +<p><span class='pagenum'><a name="Page_145" id="Page_145">{145}</a></span></p> +<p>My Lords, the unjust seizure of the jaghires and +treasures of the Begums, out of which those women +were maintained, reduced them to a state of indigence, +and exposed them not only to the sufferings +which belong to the physical nature of man, but also +to the indignities which particularly affected their +sex and condition. But before I proceed, I will beg +leave to restate to your Lordships and recall to your +memory who these women were.</p> + +<p>The Nabob Sujah Dowlah had but one legitimate +wife. Though the Mahometan law admits of this +number's being extended in certain cases even to +four, yet it is for the most part held disreputable, +especially when a person is married to a woman of +the first distinction, to have more than one legitimate +wife. Upon looking into the Hedaya, your +Lordships will see with what extreme rigor fornication +is forbidden; but we know that persons of high +rank, by customs that supersede both religion and +laws, add to the number of their wives, or substitute +in their room wives of a subordinate description, and +indulge themselves in this license to an unlimited +degree. You will find in Chardin's Travels, where +he treats of the subject of marriage, that such is the +custom of all the princes of the East. The wives of +this subordinate class, though they are in reality no +better than concubines, and are subject to the power +and caprices of their lords, are yet allowed, in the +eye of the severest moralists, to have some excuse +for their frailty and their weakness; and they accordingly +always do find a degree of favor in this world, +and become the object of particular protection.</p> + +<p>We know that Sujah ul Dowlah was a man unquestionably +in his manners very licentious with regard +to women, that he had a great number o<span class='pagenum'><a name="Page_146" id="Page_146">{146}</a></span>f these +women in his family, and that his women and the +women attendant upon the persons of his favorites +had increased to a very great number. We know +that his sons amounted to twenty,—or, according +to Mr. Hastings's own account, to nineteen. Montesquieu +supposes that there are more females born +in the East than in the West. But he says this upon +no good ground. We know by better and more regular +information concerning this matter, that the +birth of males and females in that country is in the +same proportion as it is here; and therefore, if you +suppose that he had twenty sons, you may suppose +he had about nineteen daughters. By the customs +of that country, all these sons and daughters were +considered as persons of eminent distinction, though +inferior to the legitimate children,—assuming the +rank of their father, without considering the rank +which their mother held. All these wives with their +children, and all their female servants and attendants, +amounting in the whole to about eight hundred +persons, were shut up in what they call the <i>Khord +Mohul</i>, or Lesser Palace. This place is described +by one of the witnesses to be about as large as St. +James's Square. Your Lordships have been told, +that, in other circumstances as well as this, these +women were considered as objects of a great degree +of respect, and of the greatest degree of protection. +I refer your Lordships to the treaty by which their +maintenance was guarantied by the English government.</p> + +<p>In order to let your Lordships see that I state +nothing to you but what is supported not only by +general history, which is enough to support an account +of general manners, but by the particular and<span class='pagenum'><a name="Page_147" id="Page_147">{147}</a></span> +peculiar opinions of a person best informed of the +nature of the case, I will refer you to the Nabob +himself: for, undoubtedly, the Nabob of Oude, the +Vizier of the Empire, the Subahdar of the country, +was most likely to be the best judge of what respect +was due to the women of his father's family. I will +therefore read to your Lordships, from his own letters, +what the Nabob's opinion was upon this subject.</p> + + +<div class="blockquote"><p class="center"><i>Extract of a Letter from the Vizier, received 23d of +August, 1782.</i></p> + +<p>"I never found resource equal to the necessary +expenses. Every year, by taking from the ministers, +and selling the articles of my harkhanna, I with +great distress transacted the business. But I could +not take care of my dependants: so that some of my +brothers, from their difficulties, arose and departed; +and the people of the Khord Mohul of the late Nabob, +who are all my mothers, from their distresses are +reduced to poverty and involved in difficulties. No +man of rank is deficient in the care of his dependants, +in proportion to his ability."</p> + + +<p class="center"><i>Another Letter from the Vizier, received the 31st July, +1784.</i></p> + +<p>"My brother, dear as life, Saadut Ali Khân, has +requested that I would permit his mother to go and +reside with him. My friend, all the mothers of my +brothers, and the women of the late Nabob, whom I +respect as my own mothers, are here, and it is incumbent +upon me to support them: accordingly I +do it; and it is improper that they should be separated, +nor do I approve it. By God's blessing and +your kindness, I hope that all the women o<span class='pagenum'><a name="Page_148" id="Page_148">{148}</a></span>f the late +Nabob may remain here; it is the wish also of my +grandmother and my mother that they should."</p></div> + +<p>Your Lordships now see in what degree of estimation +the Nabob held these women. He regarded the +wives of his father as his honorary mothers; he considers +their children as his brethren; he thinks it +would be highly dishonorable to his government, if +one of them was taken out of the sanctuary in which +they are placed, and in which, he says, the great of +the country are obliged to maintain their dependants. +This is the account given by the person best acquainted +with the usages of the country, best acquainted +with his own duties, best acquainted with +his own wishes.</p> + +<p>Now, my Lords, you will see in what light another +person, the agent of a trading company, who designates +himself under the name of Majesty, and assumes +other great distinctions, presumes also to consider +these persons,—and in what contempt he is +pleased to hold what is respected and what is held +sacred in that country. What I am now going to +quote is from the prisoner's second defence. For I +must remind your Lordships that Mr. Hastings has +made three defences,—one in the House of Commons, +another in the lobby of the House of Commons, +and a third at your Lordships' bar. The +second defence, though delivered without name, to +the members in the lobby of the House of Commons, +has been proved at your Lordships' bar to be written +by himself. This lobby, this out-of-door defence, +militates in some respects, as your Lordships will +find, with the in-door defence; but it probably contains +the real sentiments of Mr. Hastings himself,<span class='pagenum'><a name="Page_149" id="Page_149">{149}</a></span> +delivered with a little more freeness when he gets +into the open air,—like the man who was so vain +of some silly plot he had hatched, that he told it to +the hackney-coachman, and every man he met in the +streets.</p> + +<p>He says,—"Begums are the ladies of an Eastern +prince; but these women are also styled the ladies +of the late Vizier, and their sufferings are painted +in such strong colors that the unsuspecting reader is +led to mix the subjects together, and to suppose that +these latter, too, were princesses of Oude, that all +their sufferings proceeded from some act of mine, or +had the sanction of my authority or permission. The +fact is, that the persons of the Khord Mohul (or Little +Seraglio) were young creatures picked up wherever +youth and beauty could be found, and mostly +purchased from amongst the most necessitous and +meanest ranks of the people, for the Nabob's pleasures." +In the in-door defence, he says, "The said +women, who were mostly persons of low condition, +and the said children, if any such there were, lived +in the Khord Mohul, on an establishment entirely +distinct from the said Begums'."</p> + +<p>My Lords, you have seen what was the opinion +of the Nabob, who ought to know the nature and +circumstances of his father's palace, respecting these +women; you hear what Mr. Hastings's opinion is: +and now the question is, whether your Lordships will +consider these women in the same light in which the +person does who is most nearly connected with them +and most likely to know them, or in the way in which +Mr. Hastings has thought proper, within doors and +without doors, to describe them. Your Lordships will +be pleased to observe that he has brought no proof<span class='pagenum'><a name="Page_150" id="Page_150">{150}</a></span> +whatever of facts which are so boldly asserted by him +in defiance of proof to the contrary, totally at variance +with the letter of the son of the man to whom these +women belonged. Your Lordships, I say, will remark +that he has produced not one word of evidence, +either within the House of Commons or the House +of Peers, or in the lobby, or anywhere else, to verify +any one word he has said. He slanders these women +in order to lessen that compassion which your Lordships +might have for the sufferings he inflicted upon +them. But admitting that some of these women were +of a meaner condition, and that they derived nothing +from their connection with the dignity of the person +by whom they had children, (and we know that in +the whole they amounted to about fourscore children, +the Nabob having a race like the patriarchs of old, +as many great persons in that part of the world still +have,)—supposing, I say, all this to be true, yet, +when persons are reduced from ease and affluence +to misery and distress, they naturally excite in the +mind a greater degree of compassion by comparing +the circumstances in which they once stood with +those into which they are fallen: for famine, degradation, +and oppression were famine, degradation, and +oppression to those persons, even though they were +as mean as Mr. Hastings chooses to represent them. +But I hope, as you will sympathize with the great +on account of their condition, that you will sympathize +with all mankind on the ground of the common +condition of humanity which belongs to us all; +therefore I hope your Lordships will not consider +the calumny of Mr. Hastings against those women +as any other than as an aggravation of his offence +against them. That is the light in which the House<span class='pagenum'><a name="Page_151" id="Page_151">{151}</a></span> +of Commons considered it; for they had heard both +his in-door and out-door defence, and they still persevered +in making the charge, and do persevere in +making it still.</p> + +<p>We have first stated what these women were,—in +what light they stood with the Nabob,—in what +light they stood with the country at large. I have +now to state in what light they stood with the British +government, previous to this invasion of their +rights; and we will prove they were the actual subjects +of a guaranty by the Company.</p> + + +<div class="blockquote"><p class="center"><i>Extract from an Agreement made by Mr. Middleton, +to all the Particulars of which he engages to procure +a Treaty from the Nabob Asoph ul Dowlah, +after his Arrival, and that he will also sign it, as +follows.</i></p> + +<p>"First, That, whenever the Begum shall choose +to go to Mecca, she shall be permitted to go.</p> + +<p>"Second, That, when the Nabob shall arrive, I +[Mr. Middleton] will procure suitable allowances to +be made to the ladies of the zenanah and the children +of the late Nabob Sujah ul Dowlah, and take +care that they are paid.</p> + +<p>"Third, That the festivals (<i>shadee</i>) and marriages +of the children of the late Nabob Sujah ul Dowlah +shall be at the disposal of the Begum: whenever she +thinks proper, she shall marry them; and whatever +money shall be necessary for these expenses shall +be paid by the Nabob.</p> + +<p>"Fourth, That the syer of Coda Gunge and Ali +Gunge shall be retained by the Begum as heretofore.</p> +<p><span class='pagenum'><a name="Page_152" id="Page_152">{152}</a></span></p> +<p>"Fifth, That I [Mr. Middleton] will, upon the +arrival of the Nabob, procure Vizier Gunge and the +garden of Sepoy Dand Khân, or their equivalent, for +the Begum.</p> + +<p>"Sixth, That I [Mr. Middleton] will endeavor to +obtain from the Nabob the sum of 1,150,000 rupees on +account of the purchase of Metchee Bohaun, and the +house of Sahebjee, and the fort of the Gossim, with +the land and garden and the barraderry on the banks +of Goomply [Goomty?], and bazaar and garden of +the house of Mahnarain and the house of Beng Peofand +at Lucknow: all of which the Nabob Asoph ul +Dowlah has assumed possession of.</p> + +<p>"Seventh, That I will settle with the Nabob the +allowances to be made in ready money to the ladies +of the zenanah and others specified, in the following +amount: Total, 17 lacs 250 rupees per month.</p> + +<p>"Eighth, Upon the arrival of the Nabob Asoph ul +Dowlah Bahadur, I will endeavor with all my influence +to settle the monthly allowances of Mohrum +Ali Khân and Mahmud Eltifant Khân, &c., the attendants +of the Begums.</p> + +<p>"Ninth, That, if the Begum shall go to Mecca, she +shall leave her mahals and jaghires to the Begum, +the mother of Asoph ul Dowlah, who shall remit the +revenues thereof to the Burree Begum: no one shall +prevent her enjoying her jaghires."</p></div> + +<p>Now, my Lords, we will read the copy of an engagement +under the seal of the Nabob Asoph ul Dowlah, +and under the seal and signature, in English, of +Mr. Middleton, as follows.</p> + +<div class="blockquote"><p>"First, I, who am the Nabob Asoph ul Dowlah +Bahadur, do agree that the jaghires and the<span class='pagenum'><a name="Page_153" id="Page_153">{153}</a></span> gunges +and monthly allowance of the officers and servants, +and of the ladies of the zenanah, and of those specified +in the accounts annexed, shall be at the disposal +and under the management and authority of the +Begum, and no one shall oppose or prevent it: this +I will punctually observe. In this agreement Mr. +Middleton and the English are engaged.</p> + +<p>"Second, Whenever the Begum may choose to go +to Mecca, I will not oppose it.</p> + +<p>"Third, Whenever the Begum should go to Mecca, +she shall leave her lands, jaghires, &c., either in the +care of my mother or of me; and I will procure bills +for the amount of their revenues, and send them to +her: no one shall oppose this.</p> + +<p>"Fourth, The Begum shall have authority over all +the ladies of her zenanah; she shall let them remain +with me, and not let them go anywhere without my +permission, or keep them with her.</p> + +<p>"Fifth, The jaghires Coda Gunge and Ali Gunge, +&c., with the mahal and syer belonging to the Begum +and made over, shall remain as heretofore in her +possession: Total, 14,460 rupees per month.</p> + +<p>"Eighth, The Begum has authority over the ladies +and attendants of the zenanah; neither myself nor +any one else will oppose it.</p> + +<p>"Ninth, The Begum, my grandmother, shall have +the authority in all festivals, and in the marriage +of the children of the late Nabob Sujah ul Dowlah, +and, with the consent of my mother and myself, +shall regulate them: excepting in the festivals (<i>shadee</i>), +the authority is mine.</p> + +<p>"The English are guaranties to the above engagements, +so long as the Begum shall exist."</p></div> +<p><span class='pagenum'><a name="Page_154" id="Page_154">{154}</a></span></p> +<p>Your Lordships will observe something here worthy +of your notice. You will first perceive, that the +very treaty in which Mr. Hastings, by his representative, +Mr. Middleton, was a party concerned, supposes +that the Nabob Sujah ul Dowlah had other children +besides the reigning prince by his sole legitimate wife; +and yet Mr. Hastings, in his defence, has thought +proper, with a full knowledge of that circumstance, +to doubt whether there were any other children. +You next see that these women have Mr. Middleton's +(that is, Mr. Hastings's) guaranty for the allowances +which are made and settled upon them, and for the +maintenance of their attendants, for the security and +enjoyment of their own possessions, for their having +a law officer of high rank, a moulavy, of their own. +In short, there is a regular establishment formed for +all these women: they are not separated as a part +distinct from the Begums, but they are put by this +very guaranty entirely under their management; the +maintenance of the children is secured; the whole +order and economy of their establishment is delivered +entirely to the Begum, the grandmother, and +the Begum, the mother, of the Nabob.</p> + +<p>My Lords, you see that all these arrangements have +the solemn guaranty of the Company, and that these +women form a very considerable part of that guaranty; +and therefore your Lordships will not treat their +sufferings, inflicted in violation of the Company's +own settlement and guaranty, as a matter of no consideration +for you.</p> + +<p>But to proceed.—We have proved to your Lordships +that the Nabob was reduced to a state of the +greatest possible misery and distress; that his whole +revenue was sequestered into the hands of Mr. Hastings's +agents; that by the treaty of Chunar he was to<span class='pagenum'><a name="Page_155" id="Page_155">{155}</a></span> +be relieved from the expense of a body of troops with +which he had been burdened without his own voluntary +consent,—nay, more, the temporary brigade, +which Mr. Hastings proposed to take off, but kept on, +which he considers not only as a great distress to his +finances, but a dreadful scourge and calamity to his +country,—there was a whole pension-list upon it, +with such enormous pensions as 18,000<i>l.</i> a year to +Sir Eyre Coote, and other pensions, that Mr. Hastings +proposed to take off, but did not; that, in proportion +as the Nabob's distress increased, Mr. Hastings's +demands increased too; he was not satisfied, with +taking from him for the Company, but he took from +him for himself; he demanded six hundred thousand +pounds as a loan, when he knew he had neither +money nor credit.</p> + +<p>The consequence of these acts of violence was, +that these people, besieged by the English troops, +and deprived of every resource, even of the funds of +charity, by which the protectors of the family, male +and female, might have relieved them, but which the +cruel rapacity of Mr. Hastings had either entirely +taken away or greatly diminished, were reduced to +the last extremity of distress.</p> + +<p>After the length of time which has elapsed since +we first brought these matters with their proofs, I +shall beg leave, before you go to judgment, to refresh +your memory with a recital of a part of that evidence, +in order that your Lordships may again fully and +distinctly comprehend the nature and extent of the +oppression, cruelty, and injustice committed by Mr. +Hastings, and by which you may estimate the punishment +you will inflict upon him.</p> +<p><span class='pagenum'><a name="Page_156" id="Page_156">{156}</a></span></p> + +<div class="blockquote"><p class="center"><i>Letter from Captain Leonard Jaques to Richard Johnson, +Esq., Resident at the Vizier's Court; March 6th, +1782.</i></p> + +<p>"Sir,—The women belonging to the Khord Mohul +complain of their being in want of every necessary +of life, and are at last drove to that desperation, that +they at night get on the top of the zenanah, make a +great disturbance, and last night not only abused the +sentinels posted in the gardens, but threw dirt at +them; they threatened to throw themselves from the +walls of the zenanah, and also to break out of it. +Humanity obliges me to acquaint you of this matter, +and to request to know if you have any direction to +give me concerning it. I also beg leave to acquaint +you, I sent for Letafit Ali Khân, the cojah who has +the charge of them, who informs me their complaint +is well grounded,—that they have sold everything +they had, even to the clothes from their backs, and +now have no means of existing. Inclosed, I transmit +you a letter from Mandall on the subject."</p> + + +<p class="center"><i>Letter from Captain Jaques to Richard Johnson, Esq., +March 7th, 1782.</i></p> + +<p>"Sir,—I beg leave to address you again concerning +the women in the Khord Mohul. Their behavior +last night was so furious that there seemed the greatest +probability of their proceeding to the utmost extremities, +and that they would either throw themselves +from the walls or force the doors of the zenanah. +I have made every inquiry concerning the cause of +their complaints, and find from Letafit Ali Khân that +they are in a starving condition, having sold all their +clothes and necessaries, and now have not wherewithal +to support nature. And as my instructions are<span class='pagenum'><a name="Page_157" id="Page_157">{157}</a></span> +quite silent upon this head, should be glad to know +how to proceed in case they were to force the doors +of the zenanah; as I suspect it will happen, should +no subsistence be very quickly sent to them."</p> + + +<p class="center"><i>Letter from Major Gilpin to John Bristow, Esq., +Resident at the Court of Lucknow; 30th October, +1782.</i></p> + +<p>"Last night, about eight o'clock, the women in the +Khord Mohul Zenanah, under the charge of Letafit +Ali Khân, assembled on the tops of the buildings, +crying in a most lamentable manner for food,—that +for the last four days they had got but a very scanty +allowance, and that yesterday they had got none. +The melancholy cries of famine are more easily imagined +than described; and from their representations, +I fear that the Nabob's agents for that business +are very inattentive. I therefore think it requisite +to make you acquainted with the circumstance, that +his Excellency the Nabob may cause his agents to +be more circumspect in their conduct to these poor, +unhappy women."</p> + + +<p class="center"><i>Letter from Mr. Bristow to Major Gilpin; Fyzabad, +4th November, 1782.</i></p> + +<p>"Sir,—I have received your letters of the 12th, +19th, 27th, and 30th ultimo. I communicated the +contents of that of the 30th to the minister, who +promised me to issue orders for the payment of a +sum of money to relieve the distress of the Khord +Mohul. I shall also forward a bill for 10,000 rupees +to you in the course of three or four days; and if in +the mean time you may find means to supply to the +amount of that sum, I will become personally resp<span class='pagenum'><a name="Page_158" id="Page_158">{158}</a></span>onsible +to you for the repayment."</p> + + +<p class="center"><i>Letter from Major Gilpin to John Bristow, Esq., at the +Court of Lucknow; Fyzabad, 15th November, 1782.</i></p> + +<p>"Sir,—The repeated cries of the women in the +Khord Mohul Zenanah for subsistence have been truly +melancholy. They beg most piteously for liberty, +that they may earn their daily bread by laborious servitude, +or be relieved from their misery by immediate +death. In consequence of their unhappy situation, +I have this day taken the liberty of drawing on you +in favor of Ramnarain at ten days' sight, for twenty +son Kerah rupees, ten thousand of which I have paid +to Cojah Letafit Ali Khân, under whose charge that +zenanah is."</p></div> + +<p>These, my Lords, are the state of the distresses in +the year 1782, and your Lordships will see that they +continued almost, with only occasional reliefs, during +the period of that whole year. Now we enter into +the year 1783, to show you that it continued during +the whole time; and then I shall make a very few +remarks upon it.</p> + +<p>I will now read to your Lordships a part of Mr. +Holt's evidence, by which it is proved that Mr. Hastings +was duly advertised of all these miserable and +calamitous circumstances.</p> + +<div class="blockquote"> +<p>"<i>Q.</i> Whether you saw a letter of intelligence from +Fyzabad containing a relation of the treatment of the +women in the Khord Mohul?—<i>A.</i> Yes, I did, and +translated it.—<i>Q.</i> From whom did it come?—<i>A.</i> +Hoolas Roy.—<i>Q.</i> Who was he?—<i>A.</i> An agent of +the Resident at Fyzabad, employed for the purpose of +transmitting information to the Resident.—<i>Q.</i><span class='pagenum'><a name="Page_159" id="Page_159">{159}</a></span> Was +that paper transmitted to Mr. Hastings?—<i>A.</i> To the +best of my recollection, it was transmitted to the +Board, after I had attested it.—<i>Q.</i> Do you remember +at what distance of time after the receipt of the intelligence +respecting the distresses of the Khord Mohul +that paper was transmitted to Calcutta?—<i>A.</i> I +cannot say.—<i>Q.</i> Do you believe it was transmitted +within ten months after the time it was received?—<i>A.</i> +I understood it to be a letter received just before +it was transmitted.—<i>Q.</i> Then you understand it was +transmitted as soon as received?—<i>A.</i> Yes, in the +course of three days.—<i>Q.</i> Can you bring to your +mind the time at which the translation was made?—<i>A.</i> +To the best of my recollection, it was in January, +1784.—<i>Q.</i> Whether the distresses that had been +complained of had ceased for above a twelvemonth before +the distresses of the Khord Mohul?—<i>A.</i> I understood +they were new distresses.—<i>Q.</i> Then you state +that that account transmitted in 1784 was, as you understand, +an account of new distresses?—<i>A.</i> Yes."</p> +</div> + +<p>I shall now refer your Lordships to page 899 of +your printed Minutes.</p> + +<div class="blockquote"><p>[The Managers for the Commons acquainted the +House, that they would next read the paper of intelligence +which had been authenticated by Mr. Holt, +in his evidence at the bar, relative to the miserable +situation of these women, which they meant to bring +home to Mr. Hastings.]</p> + + +<p class="center"><i>An Extract of a Consultation of the 17th February, 1784.</i></p> + +<p>"At a Council: present, the Honorable Warren +Hastings, Esq., Governor-General, President, Edward +Wheler and John Stables, Esqrs.; Mr. Macpherson<span class='pagenum'><a name="Page_160" id="Page_160">{160}</a></span> +absent from the Presidency for the benefit of his +health: the following letter and its inclosures were +received from Mr. Bristow on the 8th instant, and +circulated.</p> + +<p>"'Honorable Sir, and Gentlemen,—I have the +honor to forward, for your further information, the +inclosure No. 3; it contains a relation of the hardships +endured by the ladies of the late Vizier's zenanah.'</p> + +<p style="text-align: right;"> +(Signed) 'JOHN BRISTOW.'<br /> +</p> + + +<p class="center">"<i>Translation of a Paper of Intelligence from Fyzabad.</i></p> + +<p>"'The ladies, their attendants, and servants were +still as clamorous as last night. Letafit, the darogah, +went to them, and remonstrated with them on +the impropriety of their conduct, at the same time +assuring them that in a few days all their allowances +would be paid, and should that not be the case, he +would advance them ten days' subsistence, upon condition +that they returned to their habitations. None +of them, however, consented to his proposal, but +were still intent upon making their escape through +the bazaar, and in consequence formed themselves +in the following order,—the children in the front, +behind them the ladies of the seraglio, and behind +them again their attendants; but their intentions +were frustrated by the opposition which they met +with from Letafit's sepoys. The next day Letafit +went twice to the women, and used his endeavors to +make them return into the zenanah, promising to +advance them ten thousand rupees, which, upon the +money being paid down, they agreed to comply with; +but night coming on, nothing transpired.</p> +<p><span class='pagenum'><a name="Page_161" id="Page_161">{161}</a></span></p> +<p>"'On the day following, their clamors were more +violent than usual. Letafit went to confer with them +on the business of yesterday, offering the same terms. +Depending upon the fidelity of his promises, they +consented to return to their apartments, which they +accordingly did, except two or three of the ladies, +and most of their attendants. Letafit went then to +Hossmund Ali Khân, to consult with him about what +means they should take. They came to a resolution +of driving them in by force, and gave orders to their +sepoys to beat any one of the women who should +attempt to move forward; the sepoys accordingly +assembled, and each one being provided with a bludgeon, +they drove them, by dint of beating, into the +zenanah. The women, seeing the treachery of Letafit, +proceeded to throw stones and bricks at the sepoys, +and again attempted to get out; but finding that +impossible, from the gates being shut, they kept up +a continual discharge till about twelve o'clock, when, +finding their situation desperate, they returned into +the Rung Mohul, and forced their way from thence +into the palace, and dispersed themselves about the +house and gardens. After this they were desirous of +getting into the Begum's apartments; but she, being +apprised of their intentions, ordered the doors to be +shut. In the mean time Letafit and Hossmund Ali +Khân posted sentries to secure the gates of the Lesser +Mohul. During the whole of this conflict, the ladies +and women remained exposed to the view of the +sepoys.</p> + +<p>"'The Begum then sent for Letafit and Hossmund +Ali Khân, whom she severely reprimanded, and insisted +upon knowing the cause of this infamous behavior. +They pleaded in their defence the impossibility +of helping it, as the treatment the women<span class='pagenum'><a name="Page_162" id="Page_162">{162}</a></span> +had met with had only been conformable to his Excellency +the Vizier's orders. The Begum alleged, +that, even admitting that the Nabob had given these +orders, they were by no means authorized in this +manner to disgrace the family of Sujah Dowlah, and +should they not receive their allowances for a day +or two, it could be of no great moment; what had +passed was now at an end, but that the Vizier should +certainly be acquainted with the whole of the affair, +and that whatever he directed she should implicitly +comply with. The Begum then sent for two of the +children who were wounded in the affray of last +night, and after endeavoring to soothe them, she +again sent to Letafit and Hossmund Ali Khân, and +in the presence of the children again expressed her +disapprobation of their conduct, and the improbability +of Asoph ul Dowlah's suffering the ladies and children +of Sujah Dowlah to be disgraced by being exposed +to the view of the sepoys. Upon which Letafit +produced the letter from the Nabob, representing +that he was amenable only to the order of his Excellency, +and that whatever he ordered it was his duty +to obey; and that, had the ladies thought proper to +have retired quietly to their apartments, he would +not have used the means he had taken to compel +them. The Begum again observed, that what had +passed was now over. She then gave the children +four hundred rupees and dismissed them, and sent +word by Sumrud and the other eunuchs, that, if the +ladies would peaceably retire to their apartments, +Letafit would supply them with three or four thousand +rupees for their present expenses, and recommended +them not to incur any further disgrace, and +that, if they did not think proper to act a<span class='pagenum'><a name="Page_163" id="Page_163">{163}</a></span>greeably +to her directions, they would do wrong. The ladies +followed her advice, and about ten at night went +back to the zenanah. The next morning the Begum +waited upon the mother of Sujah Dowlah, and related +to her all the circumstances of the disturbance. +The mother of Sujah Dowlah returned for answer, +that, after there being no accounts kept by crores +of revenue, she was not surprised that the family of +Sujah Dowlah, in their endeavors to procure subsistence, +should be obliged to expose themselves to the +meanest of the people. After bewailing their misfortunes +and shedding many tears, the Begum took her +leave and returned home.'"</p></div> + +<p>As a proof of the extremity of the distress which +reigned in the Khord Mohul, your Lordships have been +told that these women must have perished through +famine, if their gaolers, Captain Jaques and Major +Gilpin, had not raised money upon their own credit, +and supplied them with an occasional relief. And +therefore, when they talk of his peculation, of his taking +but a bribe here and a bribe there, see the consequences +of his system of peculation, see the consequences +of a usurpation which extinguishes the natural +authority of the country, see the consequences +of a clandestine correspondence that does not let the +injuries of the country come regularly before the +authorities in Oude to relieve it, consider the whole +mass of crimes, and then consider the sufferings that +have arisen in consequence of it.</p> + +<p>My Lords, it was not corporal pain alone that +these miserable women suffered. The unsatisfied +cravings of hunger and the blows of the sepoys' +bludgeons could touch only the physical part of<span class='pagenum'><a name="Page_164" id="Page_164">{164}</a></span> their +nature. But, my Lords, men are made of two +parts,—the physical part, and the moral. The former +he has in common with the brute creation. Like +theirs, our corporeal pains are very limited and temporary. +But the sufferings which touch our moral +nature have a wider range, and are infinitely more +acute, driving the sufferer sometimes to the extremities +of despair and distraction. Man, in his moral +nature, becomes, in his progress through life, a creature +of prejudice, a creature of opinions, a creature +of habits, and of sentiments growing out of them. +These form our second nature, as inhabitants of the +country and members of the society in which Providence +has placed us. This sensibility of our moral +nature is far more acute in that sex which, I may +say without any compliment, forms the better and +more virtuous part of mankind, and which is at the +same time the least protected from the insults and +outrages to which this sensibility exposes them. +This is a new source of feelings, that often make +corporal distress doubly felt; and it has a whole +class of distresses of its own. These are the things +that have gone to the heart of the Commons.</p> + +<p>We have stated, first, the sufferings of the Begum, +and, secondly, the sufferings of the two thousand +women (I believe they are not fewer in number) that +belong to them, and are dependent upon them, and +dependent upon their well-being. We have stated to +you that the Court of Directors were shocked and +astonished, when they received the account of the +first, before they had heard the second. We have +proved they desired him to redress the former, if, +upon inquiry, he found that his original suspicions +concerning their conduct were ill-founded. He has<span class='pagenum'><a name="Page_165" id="Page_165">{165}</a></span> +declared here that he did not consider these as orders. +Whether they were orders or not, could anything +have been more pressing upon all the duties +and all the sentiments of man than at least to do +what was just,—that is, to make such an inquiry as +in the result might justify his acts, or have entitled +them to redress? Not one trace of inquiry or redress +do we find, except we suppose, as we hear nothing +after this of the famine, that Mr. Bristow, who seems +to be a man of humanity, did so effectually interpose, +that they should no longer depend for the safety of +their honor on the bludgeons of the sepoys, by which +alone it seems they were defended from the profane +view of the vulgar, and which we must state as a +matter of great aggravation in this case.</p> + +<p>The counsel on the other side say that all this +intelligence comes in an anonymous paper without +date, transmitted from a newspaper-writer at Fyzabad. +This is the contempt with which they treat +this serious paper, sent to Mr. Hastings himself by +official authority,—by Hoolas Roy, who was the +news-writer at Fyzabad,—the person appointed to +convey authentic intelligence concerning the state of +it to the Resident at Lucknow. The Resident received +it as such; he transmitted it to Mr. Hastings; +and it was not till this hour, till the counsel were +instructed (God forgive them for obeying such instructions!) +to treat these things with ridicule, that +we have heard this Hoolas Roy called a common +news-writer of anonymous information, and the like. +If the information had come in any way the least +authentic, instead of coming in a manner the most +authentic in which it was possible to come to Mr. +Hastings, he was bound by every feeling of humani<span class='pagenum'><a name="Page_166" id="Page_166">{166}</a></span>ty, +every principle of regard to his own honor and +his employers', to see whether it was true or false; +if false, to refute it; if true, to afford redress: he +has done neither. Therefore we charge him with +being the cause; we charge upon him the consequences, +with all the aggravations attending them; +and we call both upon justice and humanity for +redress, as far as it can be afforded to these people, +and for the severest punishments which your Lordships +can inflict upon the author of these evils. If, +instead of the mass of crimes that we have brought +before you, this singly had been charged upon the +prisoner, I will say that it is a greater crime than +any man has ever been impeached for before the +House of Lords, from the first records of Parliament +to this hour.</p> + +<p>I need not remind your Lordships of one particular +circumstance in this cruel outrage. No excuse +or pretence whatever is brought forward in its justification. +With respect to the Begums, they have been +charged with rebellion; but who has accused the +miserable inhabitants of the Khord Mohul of rebellion, +or rebellious designs? What hearsay is there, +even, against them of it? No: even the persons permitted +by Mr. Hastings to rob and destroy the country, +and who are stated by him to have been so employed,—not +one of that legion of locusts which +he had sent into the country to eat up and devour +the bread of its inhabitants, and who had been the +cause both of the famine itself and of the inability +of the Begums to struggle with it,—none of these +people, I say, ventured even a hearsay about these +women.</p> +<p><span class='pagenum'><a name="Page_167" id="Page_167">{167}</a></span></p> +<p>Were the sufferers few? There were eight hundred +of them, besides children. Were they persons +of any rank and consequence? We are told that +they were persons of considerable rank and distinction, +connected with and living under the protection +of women of the first rank in Asia. Were they persons +not deserving pity? We know that they were +innocent women and children, not accused, and unsuspected, +of any crime. He has taken into his head +to speak contemptuously of these women of the +Khord Mohul: but your Lordships will consider both +descriptions generally with some respect; and where +they are not objects of the highest respect, they will +be objects of your compassion. Your Lordships, by +your avenging justice, will rescue the name of the +British government from the foulest disgrace which +this man has brought upon it.</p> + +<p>An account of these transactions, as we have proved +by Mr. Holt's evidence, was regularly transmitted +and made known to him. But why do I say made +known to him? Do not your Lordships know that +Oude was his,—that he treated it like his private +estate,—that he managed it in all its concerns as +if it were his private demesne,—that the Nabob +dared not do a single act without him,—that he had +a Resident there, nominated by himself, and forced +upon the Nabob, in defiance of the Company's orders? +Yet, notwithstanding all this, we do not find +a trace of anything done to relieve the aggravated +distresses of these unfortunate people.</p> + +<p>These are some of the consequences of that abominable +system which, in defiance of the laws of his +country, Mr. Hastings established in Oude. He knew +everything there; he had spies upon his regular +agents, and spies again upon them. We can prove<span class='pagenum'><a name="Page_168" id="Page_168">{168}</a></span>, +(indeed, he has himself proved,) that, besides his correspondence +with his avowed agents, Major Palmer +and Major Davy, he had secret correspondence with +a whole host of agents and pensioners, who did and +must have informed him of every circumstance of +these affairs. But if he had never been informed +of it at all, the Commons contend, and very well +and justly contend, that he who usurps the government +of a country, who extinguishes the authority +of its native sovereign, and places in it instruments +of his own, and that in defiance of those whose orders +he was bound to obey, is responsible for everything +that was done in the country. We do charge +him with these acts of delinquencies and omissions, +we declare him responsible for them; and we call +for your Lordships' judgment upon these outrages +against humanity, as cruel perhaps as ever were suffered +in any country.</p> + +<p>My Lords, if there is a spark of manhood, if there +is in your breasts the least feeling for our common +humanity, and especially for the sufferings and distresses +of that part of human nature which is made +by its peculiar constitution more quick and sensible,—if, +I say, there is a trace of this in your breasts, +if you are yet alive to such feelings, it is impossible +that you should not join with the Commons of Great +Britain in feeling the utmost degree of indignation +against the man who was the guilty cause of this +accumulated distress. You see women, whom we +have proved to be of respectable rank and condition, +exposed to what is held to be the last of indignities +in that country,—the view of a base, insulting, ridiculing, +or perhaps vainly pitying populace. You +have before you the first women in Asia<span class='pagenum'><a name="Page_169" id="Page_169">{169}</a></span>, who consider +their honor as joined with that of these people, +weeping and bewailing the calamities of their house. +You have seen that in this misery and distress the +sons of the Nabob were involved, and that two of +them were wounded in an attempt to escape: and +yet this man has had the impudence to declare his +doubts of the Nabob's having had any children in the +place, though the account of what was going on had +been regularly transmitted to him. After this, what +is there in his conduct that we can wonder at?</p> + +<p>My Lords, the maintenance of these women had +been guarantied by the Company; but it was doubly +guarantied under the great seal of humanity. The +conscience of every man, and more especially of the +great and powerful, is the keeper of that great seal, +and knows what is due to its authority. For the +violation of both these guaranties, without even the +vain and frivolous pretence of a rebellion, and for all +its consequences, Mr. Hastings is answerable; and he +will not escape your justice by those miserable excuses +which he has produced to the Court of Directors, +and which he has produced here in his justification. +My Lords, that justification we leave with +your Lordships.</p> + +<hr style='width: 45%;' /> + +<p>We now proceed to another part of our charge, +which Mr. Hastings has not thought proper to deny, +but upon which we shall beg leave to make a few +observations. You will first hear read to you, from +the 17th article of our charge, the subject-matter to +which we now wish to call your attention.</p> + +<div class="blockquote"><p>"That in or about the month of March, 1783, +three of the said brothers of the Nabob, namely, +Mirza Hyder Ali, Mirza Imayut Ali, and Mirza Sye<span class='pagenum'><a name="Page_170" id="Page_170">{170}</a></span>f +Ali, did represent to the said Bristow that they were +in distress for dry bread and clothes, and in consequence +of such representation were relieved by the +intervention of the said Bristow, but soon after the +deputation of the said Warren Hastings to Oude, in +the year 1784, that is to say, some time in or about +the month of September, in the said year 1784, the +said Mirza Hyder Ali, one of the three princes aforesaid, +did fly to the province of Benares, and did remain +there in great distress; and that, although the +said Warren Hastings did write to the said Nabob +an account of the aforesaid circumstances, in certain +loose, light, and disrespectful expressions concerning +the said Mirza Hyder Ali, he did not, as he was +in duty bound to do, in any wise exert that influence +which he actually and notoriously possessed +over the mind of the said Nabob, for the relief of the +said prince, the brother of the said Nabob, but, without +obtaining any satisfactory and specific assurances, +either from the said Nabob or the said minister, the +said Warren Hastings did content himself with advising +the said prince to return to his brother, the said +Nabob."</p></div> + +<p>The answer of Mr. Hastings to that part of the +17th article states:—</p> + +<div class="blockquote"><p>"And the said Warren Hastings says, that in or +about the month of July, in the year 1783, a paper +was received, inclosed in a letter to the Governor-General +and Council, from Mr. Bristow, purporting +to be a translation of a letter from three brothers of +the said Vizier, in which they did represent themselves +to be in distress for dry bread and clothes; +but whether such distress actually existed, <span class='pagenum'><a name="Page_171" id="Page_171">{171}</a></span>and was +relieved by the said Bristow, the said Warren Hastings +cannot set forth.</p> + +<p>"And the said Warren Hastings further says, that +some time in the month of September, 1784, the said +Warren Hastings, being then at Benares, did receive +information that Mirza Hyder Ali was arrived there, +and the said Warren Hastings, not knowing before +that time that there was any such person, did write +to the Nabob Vizier, to the purport or effect following:—'A +few days since I learnt that a person +called Mirza Hyder Ali was arrived at Benares, and +calls himself a son of the deceased Nabob Sujah ul +Dowlah, and I was also told that he came from Fyzabad; +as I did not know whether he left Fyzabad with +or without your consent, I therefore did not pay him +much attention, and I now trouble you to give me +every information on this subject, how he came here, +and what your intentions are about him; he remains +here in great distress, and I therefore wish to know +your sentiments.'</p> + +<p>"And the said Warren Hastings further says, that, +having received an answer from the said Vizier, he +did, on or about the 13th of October, 1784, inclose +the same in a letter to the said Mirza, of which letter +the following is a copy:—'An answer is arrived to +what I wrote on your account to the Nabob Vizier, +which I inclose to you: having read it, you will send +it back. I conceive you had better go to the Nabob +Vizier's presence, who will certainly afford you protection +and assistance. I will write what is proper +to carry with you to the Nabob, and it will in every +respect be for your good; whatever may be your intention +on this head, you will write to me.'</p> +<p><span class='pagenum'><a name="Page_172" id="Page_172">{172}</a></span></p> +<p>"And the said Warren Hastings submits, that it +was no part of his duty as Governor-General to interfere +with the said Vizier on behalf of the said Mirza, +or to obtain from the said Vizier any specific assurances +on the subject."</p></div> + +<p>Continuation of the 17th article of the charge:—</p> + +<div class="blockquote"><p>"That, in order to avoid famine at home, another +of the said Nabob's brothers, by name Mirza Jungli, +was under the necessity of flying from his native country, +and did seek protection from a certain Mahometan +lord called Mirza Shuffee Khân, then prime-minister +of the Mogul, from whom he did go to the camp +of the Mahratta chief Mahdajee Sindia, where he did +solicit and obtain a military command, together with +a grant of lands, or jaghire, for the subsistence of +himself, his family, and followers; but wishing again +to be received under the protection of the British government, +the said Mirza Jungli, in 1783, did apply +to the said Resident Bristow, through David Anderson, +Esquire, then on an embassy in the camp of the +said Sindia; and in consequence of such application, +the said Bristow, sensible of the disgrace which the +exile of the said Mirza Jungli reflected both on the +said Nabob of Oude and the British nation, did negotiate +with the said Nabob and his ministers for the +return of the said Mirza Jungli, and for the settlement +and regular payment of some proper allowance +for the maintenance of the said Mirza Jungli; but +the allowance required was ultimately refused; and +although the whole of the transactions aforesaid were +duly represented to the said Warren Hastings by the +said Anderson and by the said Bristow, and although +he had himself received, so early as the 23d of August, +1782, a letter from the Vizier, grievously complaining<span class='pagenum'><a name="Page_173" id="Page_173">{173}</a></span> +of the cruel and extortious demands made upon +him by the said Warren Hastings, in which letter he +did expressly mention the flight of his brothers, and +the distresses of the women of his late father, who he +said were all as his mothers, and that his said brothers, +from the resumption of their jaghires, were reduced +to great affliction and distress, and he did attribute +the said flight of some of his brethren, and the distresses +of the rest, and of the women who stood in a +species of maternal relation to him, as owing to the +aforesaid oppressive demands, yet he, the said Warren +Hastings, did cruelly, inhumanly, and corruptly +decline to make any order for the better provision of +any of the said eminent family, or for the return of +the said prince, who had fled from his brother's court +to avoid the danger of perishing by famine."</p></div> + +<p>Answer of Mr. Hastings to that part of the +charge:—</p> + +<div class="blockquote"><p>"And the said Warren Hastings further says, that +he was informed that Mirza Jungli, in the said article +also mentioned, did leave his native country in +distress, and did go to Mirza Shuffee Khân, in the +said article also mentioned; and the said Warren +Hastings likewise admits he was informed that the +said Mirza Jungli did afterwards leave the said Mirza +Shuffee Khân, and repair to the camp of Mahdajee +Sindia, with a view of obtaining some establishment +for himself and followers.</p> + +<p>"And the said Warren Hastings further says, that +in certain letters written by David Anderson, Esquire, +and John Bristow, Esquire, it was represented that +the said Mirza Jungli did apply to the said Bristow, +through the said Anderson, then on an embassy in<span class='pagenum'><a name="Page_174" id="Page_174">{174}</a></span> +the camp of the said Sindia, and that in consequence +thereof the said Bristow did, amongst other things, +apply to the said Nabob Vizier for a certain allowance +to be made for the said Mirza, and for the regular +payment thereof, and that a certain allowance was +accordingly settled by the said Vizier on the said +Mirza; and the said Warren Hastings says, that information +of the above transactions was transmitted +to the Board of Council, and that a letter from the +said Vizier was received on the 23d of August, 1782, +containing certain representations of the distresses of +himself and his family; and he admits that no order +was made by him, the said Warren Hastings, for the +provision of any of the said family, or for the return +of the said Mirza; but the said Warren Hastings denies +that he was guilty of any cruelty, inhumanity, +or corruption, or of any misconduct whatsoever, in +the matters aforesaid."</p></div> + +<p>Continuation of the charge:—</p> + +<div class="blockquote"><p>"That some time in or about the month of December, +1783, the Nabob Bahadur, another of the +brothers of the said Nabob of Oude, did represent to +the said Bristow, that he, the said Nabob Bahadur, +had not received a farthing of his allowance for +the current year, and was without food; and being +wounded by an assassin, who had also murdered his +aunt in the very capital of Oude, the said Nabob +Bahadur had not a daum to pay the surgeon, who +attended him for the love of God alone. That at or +about the period of this said representation the said +Bristow was recalled, and the said Warren Hastings +proceeded up to Lucknow, but did not inquire into +the said representations transmitted by the said <span class='pagenum'><a name="Page_175" id="Page_175">{175}</a></span>Bristow +to Calcutta, nor did order any relief."</p></div> + +<p>Mr. Hastings's answer to the part of the charge +last read:—</p> + +<div class="blockquote"><p>"And the said Warren Hastings further says, that +on the 29th of January, 1784, after the recall of the +said Bristow, he, the said Bristow, did transmit to +the Governor-General and Council two letters, one +dated 28th of December, 1783, the other 7th of +January, 1784, purporting to be written by the said +Nabob Bahadur, addressed to him, the said Bristow, +to the effect in the said article stated; and the said +Warren Hastings admits, that, when at Lucknow, he +did not institute any inquiry into the supposed transaction +in the said 17th article stated, or make any +order concerning the said Bahadur, and he denies +that it was his duty so to do."</p></div> + +<p>Here is the name of this Nabob from a list of the +jaghiredars stated by Mr. Purling, page 485 printed +Minutes. Amongst the names of jaghiredars, the +times when granted, and the amount of the jaghires, +there occurs that of the Nabob Bahadur, with a grant +of a jaghire of the amount of 20,000 rupees.</p> + +<div class="blockquote"><p>[The <i>Lord Chancellor</i> here remarked, that what +had been just read was matter of the 17th article of +the charge and parts of the answer to it, and that, +upon looking back to the former proceedings, it has +escaped his attention, if any matter contained in the +17th article had been made matter of the charge; +that it therefore seemed to him that it could not be +brought in upon a reply, not having been made matter +of the charge originally.</p> +<p><span class='pagenum'><a name="Page_176" id="Page_176">{176}</a></span></p> +<p><i>Mr. Burke.</i> My Lords, I have to say to this, that +I believe you have heard these facts made matter of +charge by the House of Commons, that I conceive +they have been admitted by the prisoner, and that +the Commons have nothing to do with the proofs of +anything in their charge which is fully and in terms +admitted. The proofs which they have produced to +your Lordships were upon matters which were contested; +but here the facts are admitted in the fullest +manner. We neither have abandoned them, intended +to abandon them, or ever shall abandon them; +we have made them, as a charge, upon record; the +answers to them have been recorded, which answers +are complete admissions of every fact in the charge.</p> + +<p><i>Lord Chancellor.</i> I do not make myself understood. +The objection is not that there has not been +evidence given upon the 17th article, but at the +close of the case on the part of the Managers for the +House of Commons no mention having been made +of the matter contained in the 17th article, that +therefore, although it may all have been admitted +by the answer to be true, yet in justice, if from that +answer you ground the charge, it is necessary the +defendant should be heard upon it.</p> + +<p><i>Mr. Burke.</i> If your Lordships choose that the +defendant shall be heard upon it, we have no kind +of objection, nor ever had, or proposed an objection +to the defendant being heard upon it. Your Lordships +know that the defendant's counsel value themselves +upon having abandoned their defence against +certain parts of the charge; your Lordships know +that they declared that they broke off thus in the +middle of their defence in order to expedite this +business.</p> +<p><span class='pagenum'><a name="Page_177" id="Page_177">{177}</a></span></p> +<p><i>Lord Chancellor.</i> Referring to the proceedings, I +think it a matter perfectly clear, that, in the course +of the charge, after certain articles had been gone +through, the Managers for the Commons closed the +case there, leaving therefore all the other articles, +excepting those that had been discussed, as matters +standing with the answers against them, but not insisted +upon in making out the charge. Of course, +therefore, if the defendant had gone into any of those +articles, the defendant must have been stopped upon +them, because he would then have been making a +case in defence to that which had not been made +a case in the prosecution. The objection, therefore, +is not at all that no evidence has been examined. +To be sure, it would be an answer to that to say, +you are now proceeding upon an admission; but even +upon those facts that are admitted, (if the facts are +admitted that are insisted upon as matter in charge,) +that should come in the original state of the cause, +and the defendant in common justice must be heard +upon that, and then, and then only, come the observations +in reply.</p> + +<p><i>Mr. Burke.</i> We do not know, not are informed, +that any charge, information, or indictment, that is +before the court, and upon record, and is not denied +by the defendant, does not stand in full force against +him. We conceive it to be so; we conceive it to +be agreeable to the analogy of all proceedings; and +the reason why we did not go into and insist upon +it was, that, having a very long cause before us, +and having the most full and complete admission +upon this subject, we did not proceed further in +it. The defendant defends himself by averring that +<i>it was not his duty</i>. It was not our busines<span class='pagenum'><a name="Page_178" id="Page_178">{178}</a></span>s to prove +that it was his duty. It was he that admitted the +facts assumed to be the foundation of his duty; the +negative he was bound to prove, and he never offered +to prove it. All that I can say upon this point +is, that his delinquency in the matter in question +appeared to us to be a clear, distinct case,—to be a +great offence,—an offence charged upon the record, +admitted upon the record, and never by us abandoned. +As to his defence having been abandoned, +we refer your Lordships to the last petition laid by +him upon your table, (that libellous petition, which +we speak of as a libel upon the House of Commons,) +and which has no validity but as it asserts a matter +of fact from the petitioner; and there you will find +that he has declared explicitly, that, for the accommodation +and ease of this business, and for its expedition, +he did abandon his defence at a certain period.</p> + +<p><i>Lord Chancellor.</i> A charge consisting of a variety +of articles in their nature (however connected with +each other in their subject, but in their nature) distinct +and specific, if only certain articles are pressed +in the charge, to those articles only can a defence +be applied; and all the other articles, that are not +made matter of charge <i>originally</i>, have never, in the +course of any proceeding whatever, been taken up +<i>originally</i> in reply.</p> + +<p><i>Mr. Burke.</i> With great respect to your Lordship's +judgment, we conceive that the objection taken +from our not having at a certain period argued or +observed upon the prisoner's answer to the articles +not insisted upon is not conclusive; inasmuch as the +record still stands, and as our charge still stands. +It was never abandoned; and the defendant might<span class='pagenum'><a name="Page_179" id="Page_179">{179}</a></span> +have made a justification to it, if he had thought +fit: he never did think fit so to do. If your Lordships +think that we ought not to argue upon it +here in our reply, because we did not argue upon +it before,—well and good; but we have argued and +do argue in our reply many things to which he never +gave any answer at all. I shall beg leave, if your +Lordships please, to retire with my fellow Managers +for a moment, to consult whether we shall press this +point or not. We shall not detain your Lordships +many minutes.</p> + +<p>(<i>The Managers withdrew: in a few minutes the Managers +returned, again into the Hall.</i>)</p> + +<p><i>Mr. Burke.</i> My Lords, the Managers have consulted +among themselves upon this business; they +first referred to your printed proceedings, in order +to see the particular circumstance on which the observation +of your Lordship is founded; we find it +thus stated:—"Then the Managers for the Commons +informed the Lords, that, saving to themselves +their undoubted rights and privileges, the Commons +were content to rest their charge here." We rested +our charge there, not because we meant to efface any +precedent matter of the charge which had been made +by us, and of which the facts had been admitted by +the defendant, but, simply saving our rights and privileges, +that is, to resume, (and to make new matter, +if we thought fit,) the Commons were content to rest +the charge there.</p> + +<p>I have further to remark to your Lordships, that +the counsel for the defendant have opened a vast +variety of matter that is not upon record, either +on our part or on theirs, in order to illustrate <span class='pagenum'><a name="Page_180" id="Page_180">{180}</a></span>and +to support their cause; and they have spoken day +after day upon the principles on which their defence +was made. My great object now is an examination +of those principles, and to illustrate the effects of +these principles by examples which are not the less +cogent, the less weighty, and the less known, because +they are articles in this charge. Most assuredly +they are not. If your Lordships recollect +the speeches that were made here, you know that +great merit was given to Mr. Hastings for matters +that were not at all in the charge, and which would +put us under the greatest difficulties, if we were to +take no notice of them in our reply. For instance, +his merits in the Mahratta war, and a great mass of +matter upon that subject, were obliquely, and for +other purposes, brought before you, upon which they +argued. That immense mass of matter, containing +an immense mass of principles, and which was sometimes +supported by alleged facts, sometimes by none, +they have opened and argued upon, as matter relative +to principle. In answer to their argument, we +propose to show the mischiefs that have happened +from the mischievous principles laid down by Mr. +Hastings, and the mischievous consequences of them.</p> + +<p>If, however, after this explanation, your Lordships +are of opinion that we ought not to be allowed to +take this course, wishing to fall in with your Lordships' +sentiments, we shall abandon it. But we will +remind your Lordships that such things stand upon +your records; that they stand unanswered and admitted +on your records; and consequently they cannot +be destroyed by any act of ours, but by a renunciation +of the charge, which renunciation we cannot +make, because the defendant has clearly and<span class='pagenum'><a name="Page_181" id="Page_181">{181}</a></span> fully +admitted it to be founded in fact. We cannot plead +error; we cannot retract it. And why? Because +he has admitted it. We therefore only remind your +Lordships that the charge stands uncontradicted; +and that the observation we intended to make upon +it was to show your Lordships that the principles +upon which he defends all such conduct are totally +false and groundless. But though your Lordships +should be of opinion that we cannot press it, yet we +cannot abandon it; it is not in your power, it is not +in our power, it is not in his power to abandon that +charge. You cannot acquit him of that charge; it +is impossible. If, however, your Lordships, for the +accommodation of business, method of proceedings, +or any circumstance of that kind, wish we should say +no more upon the subject, we close the subject there. +Your Lordships are in possession both of the charge +and the admission; and we wish, and we cannot wish +better than, to leave it as it is upon the record.</p> + +<p>The <i>Lord Chancellor</i> here said,—The opinion of +the Lords can only be with me matter of conjecture. +I certainly was not commanded by the House to state +the observation that had occurred to me; but in the +position in which it now stands, I feel no difficulty +in saying, as my own judgment, that nothing can be +matter in reply that does not relate to those articles +that were pressed in the original charge; and therefore, +in this position of the business of reply, you +cannot go into new matter arising out of other articles +that were not originally insisted upon.</p> + +<p><i>Mr. Burke.</i> We were aware of the objection that +might be made to admitting our observations, if considered +as observations upon the 17th article, but not<span class='pagenum'><a name="Page_182" id="Page_182">{182}</a></span> +when considered with reference to facts on the record +before you, for the purpose of disproving the principles +upon which the defendant and his counsel had +relied: that was the purpose for which we proposed +chiefly to make them. But your Lordship's [the +Lord Chancellor's] own personal authority will have +great weight with us, and, unless we perceive some +other peer differ from you, we will take it in the +course we have constantly done. We never have sent +your Lordships out of the hall to consent [consult?] +upon a matter upon which that noble lord appeared +to have formed a decision in his own mind; we take +for granted that what is delivered from the woolsack, +to which no peer expresses a dissent, is the sense of +the House; as such we take it, and as such we submit +to it in this instance.</p> + +<p>Therefore, leaving this upon the record as it stands, +without observing upon it, and submitting to your +Lordships' decision, that we cannot, according to order, +observe in reply upon what was not declared +by us to be a part of the charges we meant to insist +upon, we proceed to another business.]</p> +</div> + +<p>We have already stated to your Lordships, and we +beg to remind you of it, the state and condition of +the country of Oude when Mr. Hastings first came +to it,—his subsequent and immediate usurpation of +all the powers of government, and the use he made +of them,—the tyranny he exercised over the Nabob +himself,—the tyranny he exercised upon his mother +and grandmother, and all the other females of his +family, and their dependants of every description, to +the number of about eight hundred persons,—the +tyranny exercised (though we are not at liberty<span class='pagenum'><a name="Page_183" id="Page_183">{183}</a></span> to +press it now) upon his brethren. We have shown +you how he confiscated the property of all the jaghiredars, +the nobility of the country. We have proved to +your Lordships that he was well acquainted with all +the misery and distress occasioned by these proceedings, +and that he afforded the sufferers no relief. We +now proceed to review the effect of this general mass +of usurpation, tyranny, and oppression upon the revenues +and the prosperity of the country.</p> + +<p>Your Lordships will first be pleased to advert to +the state in which Mr. Hastings found the country,—in +what state he found its revenues,—who were the +executive ministers of the government,—what their +conduct was, and by whom they were recommended +and supported. For the evidence of these facts we +refer your Lordships to your printed Minutes: there, +my Lords, they stand recorded: they never can be +expunged out of your record, and the memory of +mankind, whether we be permitted to press them at +this time upon your Lordships or not. Your Lordships +will there find in what manner the government +was carried on in Oude in 1775, before the period +of Mr. Hastings's usurpation. Mr. Hastings, you will +find, has himself there stated that the minister was +recommended by the Begums; and you will remark +this, because Mr. Hastings afterwards makes her interference +in the government of her son a part of +his crimination of the Begum.</p> + +<hr style='width: 45%;' /> + +<p>The Resident at the court of Oude thus writes on +the 2d of March, 1775.</p> + +<div class="blockquote"><p>"Notwithstanding the confidence the Nabob reposes +in Murtezza Khân, the Begums are much dissatisfied +with his elevation. They recommended to h<span class='pagenum'><a name="Page_184" id="Page_184">{184}</a></span>is +Excellency to encourage the old servants of the government, +whose influence in the country, and experience, +might have strengthened his own authority, and +seated him firmly on the musnud. In some measure +this, too, may appear consistent with the interests of +the Company; for, as Elija Khân and the old ministers +have by frequent instances within their own knowledge +experienced the power of our government, such +men, I should conceive, are much more likely to pay +deference to the Company than a person who at +present can have but a very imperfect idea of the +degree of attention which ought to be paid to our +connection with the Nabob."</p></div> + +<p>Your Lordships see that the Begums recommended +the old servants, contrary to the maxims of Rehoboam,—those +who had served his father and had served the +country, and who were strongly inclined to support +the English interest there. Your Lordships will remark +the effects of the Begum's influence upon the +state of things in 1775, that the Nabob had been +advised by his mother to employ the confidential +servants of his father,—persons conversant in the +affairs of the country, persons interested in it, and +persons who were well disposed to support the English +connection. Your Lordships will now attend to a +letter from Mr. Bristow, at Lucknow, to the board, +dated 28th November, 1775.</p> + +<div class="blockquote"><p>"I also neglected no part of my duty on the spot, +but advised the minister, even at Lucknow, according +to my letter of the 3d instant, to recommend it to +the Nabob to dismiss his useless and mutinous troops, +which measure seems by present appearances to have +succeeded beyond expectation: as the rest of the a<span class='pagenum'><a name="Page_185" id="Page_185">{185}</a></span>rmy +do now pay the greatest attention to his Excellency's +orders; already the complaints of the violences +the troops used to commit are greatly decreased; +they profess obedience; and, by the best intelligence +I can obtain of their disposition, there +seems to be little doubt that the example made by +disbanding Bussunt's corps has every good effect +we could wish, which had crossed the river and voluntarily +surrendered their arms the day before yesterday +to the Nabob."</p></div> + +<p>His next letter is dated 13th June, 1776.</p> + +<div class="blockquote"><p>"Honorable Sir and Sirs,—It is Elija Khân's +first object to regulate the Vizier's revenue; and I +must do him the justice to say, that the short time +he has been in office he has been indefatigable, and +already settled the greater part of the province of +Oude, and fixed on the districts for the assignments +of the army subsidy; Corah and Allahabad he has +disposed of, and called for the Dooab and Rohilcund +accounts, in order to adjust them as soon as possible. +This activity will, I hope, produce the most salutary +effects,—as, the present juncture being the commencement +of the season for the cultivation, the aumils, +by being thus early placed in their offices, have +the opportunity of advancing <i>tukavy</i>, encouraging the +ryots, and making their agreements in their several +districts, in letting under-farms, or disposing of the +lands in such a manner as they may judge most +expedient. If, though similar to the late minister's +conduct, a delay of two or three months should occur +in the settlement of the lands, the people throughout +the country would be disheartened, and inevitably a +very heavy balance accrue on the revenue. I have<span class='pagenum'><a name="Page_186" id="Page_186">{186}</a></span> +troubled the honorable board with this detail, in the +first place, to show the propriety of Elija Khân's +conduct, and, in the next, the essential service that +will be rendered to the Vizier by continuing Colonel +Parker's detachment during the whole rains in Corah, +if required by the Vizier."</p></div> + +<p>My Lords, you have now had a view of the state +of Oude, previous to the first period of our connection +with it. Your Lordships have seen and understand +that part of the middle period, with which we +do not mean to trouble you again. You will now be +pleased to attend to a letter from Fyzoola Khân to +the Governor-General, received the 13th of February, +1778.</p> + +<div class="blockquote"><p>"This country of Cuttah, which formerly depended +on the Rohilla States, and which I consider as +now appertaining to the Company, was very populous +and flourishing; but since the commencement +of the Nabob Vizier's government, the farmers appointed +by his ministers have desolated the country. +Its situation is at present very ruinous; thousands +of villages, formerly populous, are now utterly deserted, +and no trace left of them. I have already +written to Roy Buckstowr Sing a full account of the +tyranny and oppression exercised by the farmers, to +be communicated to you: the constant revenue of a +country depends on the care of its rulers to preserve +it in a flourishing state. I have been induced to +make the representation by my attachment to the +interest of the Company; for otherwise it is no concern +of mine. Should these oppressions continue +one or two years longer, and the rulers take no +measures to put a stop to them, the whole count<span class='pagenum'><a name="Page_187" id="Page_187">{187}</a></span>ry +will be a desert."</p></div> + +<p>My Lords, upon these statements I have only to +make this remark,—that you have seen the first state +of this country, and that the period when it had +fallen into the state last described was about two +years after Mr. Hastings had obtained the majority +in the Council and began to govern this country by +his lieutenants. We know that the country was put +by him under military collectors: you see the consequences. +The person who makes this representation +to Mr. Hastings of the state of the country, of +its distress and calamity, and of the desolation of a +thousand of the villages formerly flourishing in it, is +no less a person than a prince of a neighboring country, +a person of whom you have often heard, and to +whom the cause of humanity is much indebted, +namely, Fyzoola Khân,—a prince whose country +the English Resident, travelling through, declares to +be cultivated like a garden. That this was the state +of the Rohilla country is owing to its having very +fortunately been one of those that escaped the dominion +of Mr. Hastings.</p> + +<p>We will now read to your Lordships a letter from +Sir Eyre Coote to the board at Calcutta, dated the +11th of September, 1779.</p> + +<div class="blockquote"><p>"Honorable Sir and Sirs,—The day before yesterday +I encamped near Allahabad, where the Vizier +did me the honor of a visit; and yesterday morning, +in my way hither, I returned it, and was received by +his Excellency with every mark of respect and distinction. +This morning he called here, and we had +some general conversation, which principally turned +upon the subject of his attachment to the English,<span class='pagenum'><a name="Page_188" id="Page_188">{188}</a></span> +and his readiness to show the sincerity of it upon all +occasions. It is to be wished we had employed the +influence which such favorable sentiments must have +given us more to the benefit of the country and ourselves; +but I fear the distresses which evidently appear +on the face of the one, and the failure of the +revenues to the other, are not to be wholly ascribed +to the Vizier's mismanagement."</p></div> + +<p>This is the testimony of Mr. Hastings's own pensioner, +Sir Eyre Coote, respecting the known state of +the country during the time of this horrible usurpation, +which Sir Eyre Coote mentions under the soft +name of our <i>influence</i>. But there could be but one +voice upon the subject, and that your Lordships shall +now hear from Mr. Hastings himself. We refer +your Lordships to the Minute of the Governor-General's +Consultation, Fort William, 21st May, 1781: +he is here giving his reasons for going into the upper +provinces.</p> + +<div class="blockquote"><p>"The province of Oude having fallen into a state +of great disorder and confusion, its resources being +in an extraordinary degree diminished, and the Nabob +Asoph ul Dowlah having earnestly entreated the +presence of the Governor-General, and declared, that, +unless some effectual measures are taken for his +relief, he must be under the necessity of leaving his +country, and coming down to Calcutta, to present his +situation to this government,—the Governor-General +therefore proposes, with the concurrence of Mr. Wheler, +to visit the province of Oude as speedily as the +affairs of the Presidency will admit, in hopes that, +from a minute and personal observation of the circumstances +of that country, the system of management<span class='pagenum'><a name="Page_189" id="Page_189">{189}</a></span> +which has been adopted, and the characters and +conduct of the persons employed, he may possibly be +able to concert and establish some plan by which the +province of Oude may in time be restored to its former +state of affluence, good order, and prosperity."</p></div> + +<p>Your Lordships have now the whole chain of the +evidence complete, with regard to the state of the +country, up to the period of Mr. Hastings's journey +into the country. You see that Mr. Hastings himself +admits it to have been formerly in a most flourishing, +orderly, and prosperous state. Its condition +in 1781 he describes to you in words than which no +enemy of his can use stronger, in order to paint the +state in which it then was. In this state he found +it, when he went up in the year 1781; and he left +it, with regard to any substantial regulation that was +executed or could be executed, in the state in which +he found it,—after having increased every one of +those grievances which he pretended to redress, and +taken from it all the little resources that remained +in it.</p> + +<p>We now come to a subsequent period, at which +time the state of the country is thus described by Mr. +Bristow, on the 12th December, 1782.</p> + +<div class="blockquote"><p>"Despotism is the principle upon which every measure +is founded, and the people in the interior parts +of the country are ruled at the discretion of the aumil +or foujdar for the time being. They exercise, within +the limits of their jurisdiction, the powers of life and +death, and decisions in civil and other cases, in the +same extent as the sovereign at the capital. The +forms prescribed by the ancient institutions of the +Mogul empire are unattended to, and the will of the<span class='pagenum'><a name="Page_190" id="Page_190">{190}</a></span> +provincial magistrate is the sole law of the people. +The total relaxation of the Vizier's authority, his +inattention and dislike to business, leave the aumils +in possession of this dangerous power, unawed, uncontrolled +by any apprehension of retrospection, or +the interference of justice. I can hardly quote an +instance, since the Vizier's accession to the musnud, +of an aumil having been punished for oppression, +though the complaints of the people and the state +of the country are notorious proofs of the violences +daily committed: it is even become unsafe for travellers +to pass, except in large bodies; murders, thefts, +and other enormities shocking to humanity, are committed +in open day."</p></div> + +<p>In another paragraph of the same letter, he says,—</p> + +<div class="blockquote"><p>"Such has been the system of this government, +that the oppressions have generally originated with +the aumils. They have been rarely selected for their +abilities or integrity, but from favor, or the means to +advance a large sum upon being appointed to their +office. The aumil enters upon his trust ruined in +reputation and fortune; and unless he accomplishes +his engagements, which is seldom the case, disgrace +and punishment follow. Though the balance of revenue +may be rigorously demanded of him, it has not +been usual to institute any inquiry for oppression. +The zemindars, thus left at the mercy of the aumils, +are often driven to rebellion. The weak are obliged +to submit to his exactions, or fly the country; and +the aumil, unable to reduce the more powerful, is +compelled to enter into a disgraceful compromise. +Every zemindar looks to his fort for protection, and +the country is crowded with them: Almas Ali Khân<span class='pagenum'><a name="Page_191" id="Page_191">{191}</a></span> +asserts there are not less than seven hundred in his +districts. Hence it has become a general custom to +seize the brother, son, or some near relation or dependant +of the different zemindars, as hostages for +the security of the revenue: a great aumil will sometimes +have three or four hundred of these hostages, +whom he is obliged to confine in places of security. A +few men like Almas Ali Khân and Coja Ain ul Din +have, from their regularity in the performance of pecuniary +engagements, rendered themselves useful to +the Vizier. A strict scrutiny into his affairs was at +all times irksome to his Excellency, and none of the +ministers or officers about his person possessing the +active, persevering spirit requisite to conduct the detail +of engagements for a number of small farms, +it became convenient to receive a large sum from +a great farmer without trouble or deficiency. This +system was followed by the most pernicious consequences; +these men were above all control, they exacted +their own terms, and the districts they farmed +were most cruelly oppressed. The revenue of Rohilcund +is reduced above a third, and Almas Ali Khân's +administration is well known to have been extremely +violent."</p></div> + +<p>We will next read to your Lordships an extract +from Captain Edwards's evidence.</p> + +<div class="blockquote"> +<p>"<i>Q.</i> Had you any opportunity of observing the +general face of the country in the time of Sujah +Dowlah?—<i>A.</i> I had.—<i>Q.</i> Did you remark any +difference in the general state of the country at +that time and the period when you made your latter +observation?—did you observe any difference +between the condition of the country at that<span class='pagenum'><a name="Page_192" id="Page_192">{192}</a></span> time, +that of Sujah Dowlah in the year 1774, and the +latter period you have mentioned?—<i>A.</i> I did,—a +very material difference.—<i>Q.</i> In what respect?—<i>A.</i> +In the general aspect that the country bore, +and the cultivation of the country,—that it was +infinitely better cultivated in 1774 than it was +in 1783.—<i>Q.</i> You said you had no opportunity +of observing the face of the country till you was +appointed aide-de-camp to the Nabob?—<i>A.</i> No,—except +by marching and countermarching. I marched +in the year 1774 through the Nabob Sujah ul Dowlah's +provinces into Rohilcund.—<i>Q.</i> Had you those +opportunities from the time of your going there in +1774?—<i>A.</i> I had; but not so much as I had after +being appointed aide-de-camp to the Vizier, because +I was always before in a subordinate situation: I +marched in a direct line before, with the troops; +but afterwards, when I was aide-de-camp to his Excellency, +I was my own master, and made frequent +excursions into the different parts of the country.—<i>Q.</i> +Had you an opportunity of observing the difference +in the general happiness and disposition of +the people?—<i>A.</i> I had.—<i>Q.</i> Did you observe a +difference in that respect also between your first +coming and the year 1783?—<i>A.</i> Yes, a very sensible +difference: in Sujah ul Dowlah's time the country +was in a very flourishing state, in merchandise, +cultivation, and every article of commerce, and the +people then seemed to be very happy under his government, +which latterly was not the case; because +the country in reality appeared in the year 1774 in +a flourishing state, and in the year 1783 it appeared +comparatively forlorn and desolate.—<i>Q.</i> Was the +court of Asoph ul Dowlah, when you left India, equal<span class='pagenum'><a name="Page_193" id="Page_193">{193}</a></span> +in point of splendor to what it was in the time of +Sujah ul Dowlah?—<i>A.</i> By no means: it was not +equally splendid, but far inferior.—<i>Q.</i> Were the +dependants and officers belonging to the court paid +in the same punctual manner?—<i>A.</i> No: I really +cannot say whether they were paid more regularly +in Sujah Dowlah's time, only they appeared more +wealthy and more able to live in a splendid style in +his time than they ever have done since his death."</p></div> + +<p>Here, then, your Lordships see the state of the +country in 1783. Your Lordships may trace the +whole progress of these evils, step by step, from the +death of Sujah ul Dowlah to the time of Mr. Hastings's +obtaining a majority in the Council, after +which he possessed the sole and uncontrolled management +of the country; you have seen also the +consequences that immediately followed till the year +1784, when he went up a second time into the +country.</p> + +<p>I do not know, my Lords, that it is necessary to +make any observation upon this state of things. You +see that the native authority was, as we have proved, +utterly extinguished by Mr. Hastings, and that there +was no superintendent power but his. You have +heard of the oppressions of the farmers of the revenues; +and we have shown you that these farmers +generally were English officers. We have shown you +in what manner Colonel Hannay, one of these farmers +sent by Mr. Hastings, acted, and particularly the +accumulation of hostages which were made by him. +We have shown you, that by their arbitrary and tyrannical +proceedings all regular government was subverted, +and that the country experienced the last <span class='pagenum'><a name="Page_194" id="Page_194">{194}</a></span>and +most dreadful effects of anarchy. We have shown +you that no other security was left to any human being, +but to intrench themselves in such forts as they +could make, and that these forts, in one district only +of the country, had increased in number to the +amount of seven hundred. Your Lordships also +know, that, when the prisons and mud forts in which +Colonel Hannay kept his hostages confined were full, +he kept them in uncovered cages in the open air. +You know that all these farmers of revenue were +either English and military men, or natives under an +abject submission to them; you know that they had +the whole country in assignments, that the jaghires +were all confiscated for their benefits; and you find +that the whole system had its origin at the time +when Mr. Hastings alone formed in effect the authority +of the Supreme Council. The weakness of the +Nabob, as Sir Eyre Coote tells you, could not have +been alone the cause of these evils, and that our influence +over him, if not actually the cause of the utter +ruin, desolation, and anarchy of that country, might +have been successfully exerted in preventing.</p> + +<p>When your Lordships shall proceed to judgment +upon these accumulated wrongs, arising out of the +usurped power of the prisoner at your bar, and redressed +by him in no one instance whatever, let not +the usurpation itself of the Nabob's power be considered +as a trivial matter. When any prince at the +head of a great country is entirely stripped of everything +in his government, civil or military, by which +his rank may be distinguished or his virtues exercised, +he is in danger of becoming a mere animal, +and of abandoning himself wholly to sensual gratifications. +Feeling no personal interest in the institutions<span class='pagenum'><a name="Page_195" id="Page_195">{195}</a></span> +or in the general welfare of the country, he +suffers the former (and many wise and laudable institutions +existed in the provinces of the Nabob, for +their good order and government) to fall into disuse, +and he leaves the country itself to persons in inferior +situations, to be wasted and destroyed by them. You +find that in Oude, the very appearance of justice had +been banished out of it, and that every aumil exercised +an arbitrary power over the lives and fortunes +of the people. My Lords, we have the proofs of all +these facts in our hands; they are in your Lordships' +minutes; and though we can state nothing stronger +than is stated in the papers themselves, yet we do not +so far forget our duty as not to point out to your +Lordships such observations as arise out of them.</p> + +<p>To close the whole, your Lordships shall how hear +read an extract from a most curious and extraordinary +letter, sent by him to the Court of Directors, preparatory +to his return to England.</p> + +<div class="blockquote"><p>"My only remaining fear is, that the members of +the Council, seeing affairs through a different medium +from that through which I view them, may be +disposed, if not to counteract the system which I +have formed, to withhold from it their countenance +and active support. While I myself remain, it will +be sufficient if they permit it to operate without interruption; +and I almost hope, in the event of a new +administration of your affairs which shall confine itself +to the same forbearance, and manifest no symptoms +of intended interference, the objects of my arrangements +will be effectually attained; for I leave +them in the charge of agents whose interests, ambition, +and every prospect of life are interwoven with<span class='pagenum'><a name="Page_196" id="Page_196">{196}</a></span> +their success, and the hand of Heaven has visibly +blest the soil with every elementary source of progressive +vegetation: but if a different policy shall be +adopted, if new agents are sent into the country and +armed with authority for the purpose of vengeance +or corruption, to no other will they be applied. If +new demands are raised on the Nabob Vizier, and +accounts overcharged on one side with a wide latitude +taken on the other to swell his debt beyond the +means of payment,—if political dangers are portended, +to ground on them the pleas of burdening his +country with unnecessary defences and enormous subsidies,—or +if, even abstaining from direct encroachment +on the Nabob's rights, your government shall +show but a degree of personal kindness to the partisans +of the late usurpation, or by any constructive +indication of partiality and disaffection furnish ground +for the expectation of an approaching change of system, +I am sorry to say that all my labors will prove +abortive; for the slightest causes will be sufficient to +deject minds sore with the remembrance of past conflicts, +and to elevate those whose only dependence is +placed in the renewal of the confusion which I have +labored with such zeal to eradicate, and will of course +debilitate the authority which can alone insure future +success. I almost fear that this denunciation of +effects from causes so incompetent, as they will appear +to those who have not had the experience which +I have had of the quick sensibility which influences +the habits of men placed in a state of polity so loose, +and subject to the continual variations of capricious +and despotic authority, will be deemed overcharged, +or perhaps void of foundation; nor, if they +should come to pass, will it be easy to tra<span class='pagenum'><a name="Page_197" id="Page_197">{197}</a></span>ce them +with any positive evidence to their connection: yet +it is my duty to apprise you of what I apprehend, +on grounds which I deem of absolute certainty, may +come to pass; and I rely on your candor for a fair +interpretation of my intention."</p></div> + +<p>Here, my Lords, the prisoner at your bar has done +exactly what his bitterest accuser would do: he goes +through, head by head, every one of the measures +which he had himself pursued in the destruction of +the country; and he foretells, that, if any one of those +measures should again be pursued, or even if good +cause should be given to suspect they would be renewed, +the country must fall into a state of inevitable +destruction. This supersedes all observation. This +paper is a recapitulated, minute condemnation of every +step which he took in that country, and which steps, +are every one of them upon your Lordships' minutes.</p> + +<p>But, my Lords, we know very well the design of +these pretended apprehensions, and why he wished to +have that country left in the state he speaks of. He +had left a secret agent of his own to control that ostensible +government, and to enable him, sitting in the +place where he now sits, to continue to govern those +provinces in the way in which he now governs them.</p> + +<div class="blockquote"><p>[<i>A murmur having arisen here, Mr. Burke proceeded.</i>]</p></div> + +<p>If I am called upon to reword what I have just +said, I shall repeat my words, and show strong +grounds and reasons to indicate that he governs Oude +now as much as he ever did.</p> + +<p>You see, my Lords, that the reform which he pretended +to make in 1781 produced the calamities +which he states to have existed in 1784<span class='pagenum'><a name="Page_198" id="Page_198">{198}</a></span>. We shall +now show that the reform which he pretended to +make in 1784 brought on the calamities which Lord +Cornwallis states in his evidence to have existed in +1787.</p> + +<p>We will now read two letters from Lord Cornwallis: +the first is dated the 16th November, 1787.</p> + +<div class="blockquote"><p>"I was received at Allahabad and attended to +Lucknow by the Nabob and his ministers with every +mark of friendship and respect. I cannot, however, +express how much I was concerned, during my short +residence at his capital, and my progress through his +dominions, to be witness of the disordered state of +his finances and government, and of the desolate appearances +of his country. The evils were too alarming +to admit of palliation, and I thought it my duty +to exhort him, in the most friendly manner, to endeavor +to apply effectual remedies to them. He began +with urging as apology, that, whilst he was not +certain of the expense [extent?] of our demands upon +him, he had no real interest in being economical +in his expenses, and that, while we interfered in the +internal management of his affairs, his own authority +and that of his ministers were despised by his own +subjects. It would have been useless to discuss these +topics with him; but while I repeated my former +declarations of our being determined to give no +ground in future for similar complaints, he gave me +the strongest assurances of his being resolved to apply +himself earnestly to the encouragement of agriculture, +and to endeavor to revive the commerce of +his country."</p></div> + +<p>The second is dated the 25th April, 1788.</p> +<p><span class='pagenum'><a name="Page_199" id="Page_199">{199}</a></span></p> +<div class="blockquote"><p>"Till I saw the Vizier's troops, I was not without +hope that upon an emergency he would have been +able to have furnished us with some useful cavalry; +but I have no reason to believe that he has any in +his service upon which it would be prudent to place +any dependence; and I think it right to add, that +his country appears to be in so ruined a state, and +his finances in so much disorder, that even in case of +war we ought not to depend upon any material support +from him."</p></div> + +<p>My Lords, I have only to remark upon these letters, +that, so far as they go, they prove the effects +of Mr. Hastings's reformation, from which he was +pleased to promise the Company such great things. +But when your Lordships know that he had left his +dependant and minister, Hyder Beg Khân, there, +whose character, as your Lordships will find by a +reference to your minutes he has represented as +black as hell, to be the real governor there, and to +carry on private correspondence with him here, and +that he had left Major Palmer, his private agent, for +a considerable time in that country to carry on his +affairs, your Lordships will easily see how it has +come to pass that the Vizier, such a man as you have +heard him described to be, was not alone able to +restore prosperity to his country.</p> + +<p>My Lords, you have now seen what was the situation +of the country in Sujah Dowlah's time, prior to +Mr. Hastings's interference with the government of +it, what it was during his government, and what situation +it was in when Lord Cornwallis left it. Nothing +now remains but to call your Lordships' attention +to perhaps the most extraordinary part of these transactions. +But before we proceed, we will beg leave +to go back and read to your Lordships th<span class='pagenum'><a name="Page_200" id="Page_200">{200}</a></span>e Nabob's +letter of the 24th February, 1780.</p> + +<div class="blockquote"><p>"I have received your letter, and understand the +contents. I cannot describe the solidity of your +friendship and brotherly affection which subsisted between +you and my late father. From the friendship +of the Company he received numberless advantages; +and I, notwithstanding I was left an orphan, from +your favor and that of the Company was perfectly +at ease, being satisfied that everything would be +well, and that I should continue in the same security +that I was during my father's lifetime, from your +protection. I accordingly, from the day of his death, +have never omitted to cultivate your favor, and the +protection of the Company; and whatever was the +desire and directions of the Council at that time I +have ever since conformed to, and obeyed with readiness. +Thanks be given to God that I have never +as yet been backward in performing the will of the +English Company, of the Council, and of you, and +have always been from my heart ready to obey them, +and have never given you any trouble from my difficulties +or wishes. This I have done simply from my +own knowledge of your favor towards me, and from +my being certain that you would learn the particulars +of my distresses and difficulties from other quarters, +and would then show your friendship and good-will +in whatever was for my advantage. But when the +knife had penetrated to the bone, and I was surrounded +with such heavy distresses that I could no +longer live in expectations, I then wrote an account +of my difficulties. The answer which I have received +to it is such, that it has given me inexpressible grief +and affliction. I never had the least idea or expectation +from you and the Council that you would ever<span class='pagenum'><a name="Page_201" id="Page_201">{201}</a></span> +have given your orders in so afflicting a manner, in +which you never before wrote, and which I could not +have imagined. As I am resolved to obey your orders, +and directions of the Council, without any delay, +as long as I live, I have, agreeably to those orders, +delivered up all my private papers to him [the Resident], +that, when he shall have examined my receipts +and expenses, he may take whatever remains. As I +know it to be my duty to satisfy you, the Company, +and Council, I have not failed to obey in any instance, +but requested of him that it might be done so as not +to distress me in my necessary expenses: there being +no other funds but those for the expenses of my mutsuddies, +household expenses, and servants, &c. He +demanded these in such a manner, that, being remediless, +I was obliged to comply with what he required. +He has accordingly stopped the pensions of my old +servants for thirty years, whether sepoys, mutsuddies, +or household servants, and the expenses of my +family and kitchen, together with the jaghires of my +grandmother, mother, and aunts, and of my brothers +and dependants, which were for their support. +I had raised fifteen hundred horse and three battalions +of sepoys to attend upon me; but, as I have +no resources to support them, I have been obliged +to remove the people stationed in the mahals, and to +send his people into the mahals, so that I have not +now one single servant about me. Should I mention +what further difficulties I have been reduced to, it +would lay me open to contempt. Although I have +willingly assented to this which brings such distress +on me, and have in a manner altogether ruined +myself, yet I failed not to do it for this reason, because +it was for your satisfaction, and that of the<span class='pagenum'><a name="Page_202" id="Page_202">{202}</a></span> +Council; and I am patient, and even thankful, in +this condition; but I cannot imagine from what cause +you have conceived displeasure against me. From +the commencement of my administration, in every +circumstance, I received strength and security from +your favor, and that of the Council; and in every instance +you and the Council have shown your friendship +and affection for me; but at present, that you +have sent these orders, I am greatly perplexed."</p></div> + +<p>We will not trouble your Lordships with the remainder +of the letter, which is all in the same style +of distress and affliction, and of the abject dependence +of a man who considers himself as insulted, robbed, +and ruined in that state of dependence.</p> + +<p>In addition to the evidence contained in this letter, +your Lordships will be pleased to recollect the +Nabob's letter which we read to your Lordships yesterday, +the humble and abject style of which you +will never forget. Oh, consider, my Lords, this instance +of the fate of human greatness! You must +remember that there is not a trace anywhere, in any +of the various trunks of Mr. Hastings, that he ever +condescended so much as to give an answer to the +suppliant letters of that unhappy man. There was +no mode of indignity with which he did not treat his +family; there was no mode of indignity with which +he did not treat his person; there was no mode of +indignity with which he did not treat his minister, +Hyder Beg Khân,—this man whom he represents to +be the most infamous and scandalous of mankind, and +of whom he, nevertheless, at the same time declares, +that his only support with the Vizier was the support +which he, Warren Hastings, as representative of the<span class='pagenum'><a name="Page_203" id="Page_203">{203}</a></span> +English government, gave him.</p> + +<p>We will now read a paper which perhaps ought +not to have been received in evidence, but which we +were willing to enter in your minutes as evidence, in +order that everything should come before you. Your +Lordships have heard the Nabob speak of his misery, +distress, and oppression; but here he makes a complete +defeasance, as it were, of the whole charge, a +direct disavowal of every one of the complaints, and +particularly that of having never received an answer +to these complaints. Oh, think, I say, my Lords, of +the degraded, miserable, and unhappy state to which +human nature may be reduced, when you hear this +unhappy man declare that all the charges which we +have made upon this subject relative to him, and +which are all either admitted by him or taken from +his own representation, are now stated by him in a paper +before you to be all false, and that there is not a +word of the representation which he had made of Mr. +Hastings that has the least truth in it! Your Lordships +will find this in that collection of various papers +which ought to be preserved and put into every +museum in Europe, as one of the most extraordinary +productions that was ever exhibited to the world.</p> + + +<div class="blockquote"><p class="center"><i>Papers received the 8th of March, 1788, and translated +pursuant to an Order of the Governor-General +in Council, dated the 21th of April, 1788, under the +Seal of His Excellency the Nabob Asoph ul Dowlah, +Asoph Jah Bahadur, Vizier ul Momalik.</i></p> + +<p>"I have at this time learnt that the gentlemen in +power in England, upon the suspicion that Mr. Hastings, +during his administration, acted contrary to the +rules of justice and impartiality, and, actuated<span class='pagenum'><a name="Page_204" id="Page_204">{204}</a></span> by motives +of avidity, was inimical towards men without +cause; that he broke such engagements and treaties +as had been made between the Company and other +chiefs; that he extended the hand of oppression over +the properties of men, tore up the roots of security +and prosperity from the land, and rendered the ryots +and subjects destitute by force and extortion.—As +this accusation, in fact, is destitute of uprightness +and void of truth, therefore, with a view to show the +truth in its true colors, I have written upon this +sheet with truth and sincerity, to serve as an evidence, +and to represent real facts,—to serve also as information +and communication, that Mr. Hastings, from +the commencement of his administration until his +departure for England, whether during the lifetime +of the deceased Nabob, of blessed memory, Vizier +ul Moolk, Sujah ul Dowlah Bahadur, my father, or +during my government, did not at any time transact +contrary to justice any matter which took place from +the great friendship between me and the Company, +nor in any business depart from the path of truth +and uprightness, but cultivated friendship with integrity +and sincerity, and in every respect engaged +himself in the duties of friendship with me, my ministers +and confidants. I am at all times, and in every +way, pleased with and thankful for his friendly +manners and qualities; and my ministers and confidants, +who have always, every one of them, been satisfied +with his conduct, are forever grateful for his +friendship and thankful for his virtues. As these +matters are real facts, and according to truth, I have +written these lines as an evidence, and transmit this +paper to England, through the government of Calcutta, +for the information of the gentlemen of power and<span class='pagenum'><a name="Page_205" id="Page_205">{205}</a></span> +rank in England."</p></div> + +<p>Observe, my Lords, the candor of the Commons. +We produce this evidence, which accuses us, as Mr. +Hastings does, of uttering everything that is false; +we choose to bring our shame before the world, and +to admit that this man, on whose behalf and on the +behalf of whose country we have accused Mr. Hastings, +has declared that this accusation (namely, this +impeachment) is destitute of uprightness and without +truth. But, my Lords, this is not only a direct contradiction +to all he has ever said, to all that has been +proved to you by us, but a direct contradiction to all +the representations of Mr. Hastings himself. Your +Lordships will hence see what credit is to be given to +these papers.</p> + +<p>Your Lordships shall now hear what Hyder Beg +Khân says: that Hyder Beg Khân who stands recorded +in your minutes as the worst of mankind; +who is represented as writing letters without the Nabob's +consent, and in defiance of him; the man of +whom Mr. Hastings says, that the Nabob is nothing +but a tool in his hands, and that the Nabob is and +ever must be a tool of somebody or other. Now, as +we have heard the tool speak, let us hear how the +workman employed to work with this tool speaks.</p> + + +<div class="blockquote"><p class="center"><i>Extract from Hyder Beg Khân's Letter to the Governor +and Council.</i></p> + +<p>"It is at this time learnt by the Nabob Vizier, and +us, his ministers, that the gentlemen of power in England +are displeased with Mr. Hastings, on the suspicion +that during his administration in this country, from +motives of avidity, he committed oppressions contrar<span class='pagenum'><a name="Page_206" id="Page_206">{206}</a></span>y +to the rules of justice, took the properties of men by +deceit and force, injured the ryots and subjects, and +rendered the country destitute and ruined. As the +true and upright disposition of Mr. Hastings is in every +respect free of this suspicion, we therefore with +truth and sincerity declare by these lines, written according +to fact, that Mr. Hastings, from the first of +his appointment to the government of this country +until his departure for Europe, during his authority +in the management of the affairs of the country, +whether in the lifetime of the Nabob Sujah ul Dowlah +Bahadur, deceased, or whether during the present +reign, did not, in any matters which took place from +the great friendship between this government and the +Company, act in any wise upon motives of avidity, +and, not having, in any respect, other than justice +and propriety in intention, did not swerve from their +rules. He kept his Excellency the Vizier always +pleased and satisfied" (you will remember, my +Lords, the last expressions of his pleasure and satisfaction) +"by his friendship and attention in every +matter. He at all times showed favor and kindness +towards us, the ministers of this government; and under +his protection having enjoyed perfect happiness +and comfort, we are from our hearts satisfied with +and grateful for his benevolence and goodness."</p></div> + +<p>Here, my Lords, you have the character which +Hyder Beg Khân gives of Mr. Hastings,—of the +man who he knew had loaded him, as he had done, +with every kind of indignity, reproach, and outrage +with which a man can be loaded. Your Lordships +will see that this testimony repeats, almost word for +word, the testimony of the Vizier Nabob,—which<span class='pagenum'><a name="Page_207" id="Page_207">{207}</a></span> +shows who the real writer is.</p> + +<p>My Lords, it is said, that there is no word in the +Persian language to express gratitude. With these +signal instances of gratitude before us, I think we +may venture to put one into their dictionary. Mr. +Hastings has said he has had the pleasure to find +from the people of India that gratitude which he has +not met with from his own countrymen, the House +of Commons. Certainly, if he has done us services, +we have been ungrateful indeed; if he has committed +enormous crimes, we are just. Of the miserable, +dependent situation to which these people are +reduced, that they are not ashamed to come forward +and deny everything they have given under their +own hand,—all these things show the portentous +nature of this government, they show the portentous +nature of that phalanx with which the House of +Commons is at present at war, the power of that +captain-general of every species of Indian iniquity, +which, under him, is embodied, arrayed, and paid, +from Leadenhall Street to the furthermost part of +India.</p> + +<p>We have but one observation more to offer upon +this collection of <i>razinamas</i>, upon these miserable +testimonials given by these wretched people in contradiction +to all their own previous representations,—directly +in contradiction to those of Mr. Hastings +himself,—directly in contradiction to those of Lord +Cornwallis,—directly in contradiction to truth itself. +It is this. Here is Mr. Hastings with his agents +canvassing the country, with all that minuteness +with which a county is canvassed at an election; +and yet in this whole book of razinamas not one +fact adduced by us is attempted to be disproved<span class='pagenum'><a name="Page_208" id="Page_208">{208}</a></span>, not +one fact upon which Mr. Hastings's defence can be +founded is attempted to be proved. There is nothing +but bare vile panegyrics, directly belied by the state +of facts, directly belied by the persons themselves, +directly belied by Mr. Hastings at your bar, and by +all the whole course of the correspondence of the +country.</p> + +<p>We here leave to your Lordships' judgment the +consideration of the elevated rank of the persons aggrieved +and degraded to the lowest state of dependence +and actual distress,—the consideration of the +condition of the country gentlemen, who were obliged +to hide their heads, wherever they could, from the +plunderers and robbers established under his authority +in every part of the country, and that of the +miserable common people, who have been obliged +to sell their children through want of food to feed +them,—the consideration, I say, of the manner in +which this country, in the highest, in the middle, +and in the lowest classes of its inhabitants, nay, in +physical works of God, was desolated and destroyed +by this man.</p> + +<p>Having now done with the province of Oude, we +will proceed to the province of Bengal, and consider +what was the kind of government which he exercised +there, and in what manner it affected the people that +were subjected to it.</p> + +<hr style='width: 45%;' /> + +<p>Bengal, like every part of India subject to the +British empire, contains (as I have already had occasion +to mention) three distinct classes of people, +forming three distinct social systems. The first is +the Mahometans, which, about seven hundred years +ago, obtained a footing in that country, and eve<span class='pagenum'><a name="Page_209" id="Page_209">{209}</a></span>r +since has in a great degree retained its authority +there. For the Mahometans had settled there long +before the foundation of the Bengal empire, which +was overturned by Tamerlane: so that this people, +who are represented sometimes loosely as strangers, +are people of ancient and considerable settlement in +that country; and though, like Mahometan settlers +in many other countries, they have fallen into decay, +yet, being continually recruited from various parts +of Tartary under the Mogul empire, and from various +parts of Persia, they continue to be the leading +and most powerful people throughout the peninsula; +and so we found them there. These people, for the +most part, follow no trades or occupation, their religion +and laws forbidding them in the strictest manner +to take usury or profit arising from money that is in +any way lent; they have, therefore, no other means +for their support but what arises from their adherence +to and connection with the Mogul government +and its viceroys. They enjoy under them various +offices, civil and military,—various employments in +the courts of law, and stations in the army. Accordingly +a prodigious number of people, almost all of +them persons of the most ancient and respectable +families in the country, are dependent upon and +cling to the subahdars or viceroys of the several +provinces. They, therefore, who oppress, plunder, and +destroy the subahdars, oppress, rob, and destroy an +immense mass of people. It is true that a supervening +government, established upon another, always +reduces a certain portion of the dependants upon the +latter to want. You must distress, by the very nature +of the circumstances of the case, a great number +of people; but then it is your business, when<span class='pagenum'><a name="Page_210" id="Page_210">{210}</a></span>, by +the superiority which you have acquired, however +you may have acquired it, (for I am not now considering +whether you have acquired it by fraud or +force, or whether by a mixture of both,) when, I say, +you have acquired it, it is your business not to +oppress those people with new and additional difficulties, +but rather to console them in the state to +which they are reduced, and to give them all the +assistance and protection in your power.</p> + +<p>The next system is composed of the descendants +of the people who were found in the country by the +Mahometan invaders. The system before mentioned +comprehends the official interest, the judicial interest, +the court interest, and the military interest. +This latter body includes almost the whole landed +interest, commercial interest, and moneyed interest +of the country. For the Hindoos not being forbidden +by their laws or religious tenets, as laid down +in the Shaster, many of them became the principal +money-lenders and bankers; and thus the Hindoos +form the greatest part both of the landed and moneyed +interest in that country.</p> + +<p>The third and last system is formed of the English +interest; which in reality, whether it appears directly +or indirectly, is the governing interest of the whole +country,—of its civil and military interest, of its +landed, moneyed, and revenue interest; and what +to us is the greatest concern of all, it is this system +which is responsible for the government of that country +to the government of Great Britain. It is divided +into two parts: one emanating from the Company, +and afterwards regulated by act of Parliament; +the other a judicial body, sent out by and acting under +the authority of the crown itself. The persons<span class='pagenum'><a name="Page_211" id="Page_211">{211}</a></span> +composing that interest are those whom we usually +call the servants of the Company. They enter into +that service, as your Lordships know, at an early +period of life, and they are promoted accordingly as +their merit or their interest may provide for them. +This body of men, with respect to its number, is so +small as scarcely to deserve mentioning; but, from +certain circumstances, the government of the whole +country is fallen into their hands. Amongst these +circumstances, the most important and essential are +their having the public revenues and the public purse +entirely in their own hands, and their having an +army maintained by that purse, and disciplined in +the European manner.</p> + +<p>Such was the state of that country when Mr. Hastings +was appointed Governor in 1772. Your Lordships +are now to decide upon the manner in which he +has comported himself with regard to all these three +interests: first, whether he has made the ancient +Mahometan families as easy as he could; secondly, +whether he has made the Hindoo inhabitants, the +zemindars and their tenants, as secure in their property +and as easy in their tenure as he could; and +lastly, whether he has made the English interest a +blessing to the country, and, whilst it provided moderate, +safe, and proper emoluments to the persons that +were concerned in it, it kept them from oppression +and rapine, and a general waste and ravage of the +country: whether, in short, he made all these three +interests pursue that one object which all interests +and all governments ought to pursue, the advantage +and welfare of the people under them.</p> + +<p>My Lords, in support of our charge against the +prisoner at your bar, that he acted in a manne<span class='pagenum'><a name="Page_212" id="Page_212">{212}</a></span>r directly +the reverse of this, we have proved to you that +his first acts of oppression were directed against the +Mahometan government,—that government which +had been before, not only in name, but in effect, to +the very time of his appointment, the real government +of the country. After the Company had acquired +its right over it, some shadow still remained +of the ancient government. An allowance was settled +for the Nabob of Bengal, to support the dignity +of his court, which amounted to between four and +five hundred thousand pounds a year. In this was +comprehended the support of the whole mass of +nobility,—the soldiers, serving or retired,—all the +officers of the court, and all the women that were +dependent upon them,—the whole of the criminal +jurisdiction of the country, and a very considerable +part of the civil law and the civil government. These +establishments formed the constitutional basis of their +political government.</p> + +<p>The Company never had (and it is a thing that +we can never too often repeat to your Lordships)—the +Company never had of right despotic power in +that country, to overturn any of these establishments. +The Mogul, who gave them their charters, could not +give them such a power,—he did not <i>de facto</i> give +them such a power; the government of this country +did not by act of Parliament, and the Company did +not and could not by their delegation, give him such +a power; the act by which he was appointed Governor +did not give him such a power. If he exercised +it, he usurped it; and therefore, every step we take +in the examination of his conduct in Bengal, as in +every step we take upon the same subject everywhere +else, we look for the justification of his conduct <span class='pagenum'><a name="Page_213" id="Page_213">{213}</a></span>to +laws,—the Law of Nations, the laws of this country, +and the laws of the country he was sent to govern.</p> + +<p>The government of that country, by the ancient +constitution of the Mogul empire, besides the numberless +individual checks and counter-checks in the inferior +officers [offices?], is divided into the viceroyal +part and the subahdarry part. The viceroyal part +takes in all criminal justice and political government. +Mr. Hastings found the country under a viceroy, governing +according to law, acting by proper judges and +magistrates under him: he himself not being the judicial, +but executive power of the country,—that which +sets the other in action, and does not supersede it or +supply its place. The other, the subahdarry power, +which was by the grant of the dewanny conferred +upon the Company, had under its care the revenues, +as much of the civil government as is concerned with +the revenues, and many other matters growing out +of it. These two offices are coördinate and dependent +on each other. The Company, after contracting +to maintain the army out of it, got the whole revenue +into their power. The army being thus within their +power, the subahdar by degrees vanished into an +empty name.</p> + +<p>When we thus undertook the government of the +country, conscious that we had undertaken a task +which by any personal exertion of our own we were +unable to perform in any proper or rational way, the +Company appointed a native of the country, Mahomed +Reza Khân, who stands upon the records of the Company, +I venture to say, with such a character as no +man perhaps ever did stand, to execute the duties +of both offices. Upon the expulsion of Cossim Ali +Khân, the Nabob of Bengal, all his children were <span class='pagenum'><a name="Page_214" id="Page_214">{214}</a></span>left +in a young, feeble, and unprotected state; and in that +state of things, Lord Clive, Mr. Sumner, who sits near +Mr. Hastings, and the rest of the Council, wisely +appointed Mahomed Reza Khân to fulfil the two offices +of deputy-viceroy and deputy-dewan, for which +he had immense allowances, and great jaghires and +revenues, I allow. He was a man of that dignity, +rank, and consideration, added to his knowledge of +law and experience in business, that Lord Clive and +Mr. Sumner, who examined strictly his conduct at +that time, did not think that 112,000<i>l.</i> a year, the +amount of the emoluments which had been allowed +him, was a great deal too much; but at his own desire, +and in order that these emoluments might be +brought to stated and fixed sums, they reduced it to +90,000<i>l.</i>,—an allowance which they thought was not +more than sufficient to preserve the state of so great +a magistrate, and a man of such rank, exercising +such great employments. The whole revenue of the +Company depended upon his talents and fidelity; and +you will find, that, on the day in which he surrendered +the revenues into our hands, the dewanny, +under his management, was a million more than it +produced on the day Mr. Hastings left it. For the +truth of this I refer your Lordships to a letter of the +Company sent to the Board of Control. This letter +is not in evidence before your Lordships, and what I +am stating is merely historical. But I state the +facts, and with the power of referring for their proof +to documents as authentic as if they were absolutely +in evidence before you. Assuming, therefore, that all +these facts may be verified by the records of the Company, +I have now to state that this man, by some +rumors true or false, was supposed to have<span class='pagenum'><a name="Page_215" id="Page_215">{215}</a></span> misconducted +himself in a time of great calamity in that +country. A great famine had about this time grievously +afflicted the whole province of Bengal.—I must +remark by the way, that these countries are liable to +this calamity; but it is greatly blessed by Nature with +resources which afford the means of speedy recovery, +if their government does not counteract them. +Nature, that inflicts the calamity, soon heals the +wound; it is in ordinary seasons the most fertile +country, inhabited by the most industrious people, +and the most disposed to marriage and settlement, +probably, that exists in the whole world; so that +population and fertility are soon restored, and the +inhabitants quickly resume their former industrious +occupations.</p> + +<p>During the agitation excited in the country by the +calamity I have just mentioned, Mahomed Reza Khân, +through the intrigues of Rajah Nundcomar, one of +his political rivals, and of some English faction that +supported him, was accused of being one of the +causes of the famine. In answer to this charge, he +alleged, what was certainly a sufficient justification, +that he had acted under the direction of the English +board, to which his conduct throughout this business +was fully known. The Company, however, sent an +order from England to have him tried; but though +he frequently supplicated the government at Calcutta +that his trial should be proceeded in, in order that +he might be either acquitted and discharged or condemned, +Mr. Hastings kept him in prison two years, +under pretence (as he wrote word to the Directors) +that Mahomed Reza Khân himself was not very desirous +to hasten the matter. In the mean time the +Court of Directors, having removed him fro<span class='pagenum'><a name="Page_216" id="Page_216">{216}</a></span>m his +great offices, authorized and commanded Mr. Hastings +(and here we come within the sphere of your minutes) +to appoint a successor to Mahomed Reza Khân, +fit to fulfil the duties of his station. Now I shall first +show your Lordships what sort of person the Court +of Directors described to him as most fit to fill the +office of Mahomed Reza Khân, what sort of person +he did appoint, and then we will trace out to you the +consequences of that appointment.</p> + + +<div class="blockquote"><p class="center"><i>Letter from the Court of Directors to the President and +Council at Fort William, dated 28th August, 1771.</i></p> + +<p>"Though we have not a doubt but that, by the exertion +of your abilities, and the care and assiduity of +our servants in the superintendency of the revenues, +the collections will be conducted with more advantage +to the Company and ease to the natives than by means +of a naib dewan, we are fully sensible of the expediency +of supporting some ostensible minister in the +Company's interest at the Nabob's court, to transact +the political affairs of the sircar, and interpose between +the Company and the subjects of any European +power, in all cases wherein they may thwart +our interest or encroach on our authority; and as +Mahomed Reza Khân can no longer be considered by +us as one to whom such a power can be safely 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 recommend<span class='pagenum'><a name="Page_217" id="Page_217">{217}</a></span>ation +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 +secure 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, (thirty thousand +pounds,) 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></div> + +<p>Here, my Lords, a person was to be named fit to +fill the office and supply the place of Mahomed Reza +Khân, who was deputy-viceroy of Bengal, at the head +of the criminal justice of the country, and, in short, +at the head of the whole ostensible Mahometan government; +he was also to supply the place of Mahomed +Reza Khân as naib dewan, from which Reza +Khân was to be removed: for you will observe, the +Directors always speak of a man fit to perform all the +duties of Mahomed Reza Khân; and amongst these +he was to be as the guardian of the Nabob's pe<span class='pagenum'><a name="Page_218" id="Page_218">{218}</a></span>rson, +and the representative of his authority and government.</p> + +<p>Mr. Hastings, having received these orders from the +Court of Directors, did—what? He alleges in his +defence, that no positive commands were given him. +But a very sufficient description was given of the person +who ought to succeed Mahomed Reza Khân, in +whom the Company had before recognized all the +necessary qualities; and they therefore desire him to +name a similar person. But what does Mr. Hastings +do in consequence of this authority? He names no +man at all. He searches into the seraglio of the +Nabob, and names a woman to be the viceroy of the +province, to be the head of the ostensible government, +to be the guardian of the Nabob's person, the conservator +of his authority, and a proper representative of +the remaining majesty of that government.</p> + +<p>Well, my Lords, he searched the seraglio. When +you have to take into consideration the guardianship +of a person of great dignity, there are two circumstances +to be attended to: one, a faithful and affectionate +guardianship of his person; and the other, a strong +interest in his authority, and the means of exercising +that authority in a proper and competent manner. +Mr. Hastings, when he was looking for a woman in +the seraglio, (for he could find women only there,) +must have found actually in authority there the +Nabob's own mother: certainly a person who by nature +was most fit to be his guardian; and there is +no manner of doubt of her being sufficiently competent +to that duty. Here, then, was a legitimate wife +of the Nabob Jaffier Ali Khân, a woman of rank and +distinction, fittest to take care of the person and interests, +as far as a woman could take care of them, of<span class='pagenum'><a name="Page_219" id="Page_219">{219}</a></span> +her own son. In this situation she had been placed +before, during the administration of Mahomed Reza +Khân, by the direct orders of the Governor, Sir John +Cartier. She had, I say, been put in possession of +that trust which it was natural and proper to give +to such a woman. But what does Mr. Hastings do? +He deposes this woman. He strips her of her authority +with which he found her invested under the +sanction of the English government. He finds out +a woman in the seraglio, called Munny Begum, who +was bound to the Nabob by no tie whatever of natural +affection. He makes this woman the guardian of +the young Nabob's person. She had a son who had +been placed upon the musnud after the death of his +father, Sujah Dowlah, and had been appointed his +guardian. This young Nabob died soon afterwards, +and was succeeded by Nujim ul Dowlah, another natural +son of Sujah Dowlah. This prince being left +without a mother, this woman was suffered to retain +the guardianship of the Nabob till his death. When +Mobarek ul Dowlah, a legitimate son of Sujah Dowlah, +succeeded him, Sir John Cartier did what his +duty was: he put the Nabob's own mother into the +place which she was naturally entitled to hold, the +guardianship of her own son, and displaced Munny +Begum. The whole of the arrangement by which +Munny Begum was appointed guardian of the two +preceding Nabobs stands in the Company's records +stigmatized as a transaction base, wicked, and corrupt. +We will read to your Lordships an extract from a +letter which has the signature of Mr. Sumner, the +gentleman who sits here by the side of Mr. Hastings, +and from which you will learn what the Company +and the Council thought of the original nomina<span class='pagenum'><a name="Page_220" id="Page_220">{220}</a></span>tion +of Munny Begum and of her son. You will find +that they considered her as a great agent and instrument +of all the corruption there; and that this whole +transaction, by which the bastard son of Munny Begum +was brought forward to the prejudice of the +legitimate son of the Nabob, was considered to be, +what it upon the very face of it speaks itself to be, +corrupt and scandalous.</p> + + +<div class="blockquote"><p class="center"><i>Extract of a General Letter from the President and +Council at Calcutta, Bengal, to the Select Committee +of the Directors.</i></p> + +<p>Paragraph 5.—"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 definitive measures would be taken, either +with 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 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 +assigned as ought to have dictated a diametrically<span class='pagenum'><a name="Page_221" id="Page_221">{221}</a></span> 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 the 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>"6. This scene of corruption was first disclosed at +a visit the Nabob 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 indignity he had +been exposed to, and the embezzlement of near twenty +lacs of rupees issued from his treasury 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>"7. Mahomed Reza Khân, the naib subah, was +then called upon to account for this large<span class='pagenum'><a name="Page_222" id="Page_222">{222}</a></span> 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 +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 these 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>"8. 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 of June, it fully appears that the presents from +the 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<span class='pagenum'><a name="Page_223" id="Page_223">{223}</a></span> +receiving the infamous wages of corruption from opposite +parties and contending interests. We speak +with boldness, because we speak from conviction +founded upon indubitable evidence, that, besides the +above sums specified in the distribution account, to +the amount of 228,125<i>l.</i> sterling, there was likewise +to the value of several lacs of rupees procured from +Nundcomar and Roy Dullub, each of whom aspired +at and obtained a promise of that very employment +it was predetermined to bestow on Mahomed Reza +Khân.</p> + +<p style="text-align: right;"> +(Signed at the end,)<br /> +<br /> +"CLIVE.<br /> +W<sup>M</sup> B. SUMNER.<br /> +JOHN CARNAC.<br /> +H. VERELST.<br /> +FRA<sup>S</sup> SYKES."<br /> +</p></div> + +<p>My Lords, the persons who sign this letter are +mostly the friends, and one of them is the gentleman +who is bail for and sits near Mr. Hastings. They +state to you this horrible and venal transaction, by +which the government was set to sale, by which a +bastard son was elevated to the wrong of the natural +and legitimate heir, and in which a prostitute, his +mother, was put in the place of the honorable and legitimate +mother of the representative of the family.</p> + +<p>Now, if there was one thing more than another +under heaven, which Mr. Hastings ought to have +shunned, it was the suspicion of being concerned in +any such infamous transaction as that which is here +recorded to be so,—a transaction in which the country +government had before been sold to this very +woman and her offspring, and in which two gr<span class='pagenum'><a name="Page_224" id="Page_224">{224}</a></span>eat +candidates for power in that country fought against +each other, and perhaps the largest offerer carried it.</p> + +<p>When a Governor-General sees the traces of corruption +in the conduct of his predecessors, the traces of +injustice following that corruption, the traces of notorious +irregularity in setting aside the just claimants +in favor of those that have no claim at all, he has +that before his eyes which ought to have made him +the more scrupulously avoid, and to keep at the farthest +distance possible from, the contagion and even +the suspicion of being corrupted by it. Moreover, +my Lords, it was in consequence of these very transactions +that the new covenants were made, which +bind the servants of the Company never to take a +present of above two hundred pounds, or some such +sum of money, from any native in circumstances +there described. This covenant I shall reserve for +consideration in another part of this business. It +was in pursuance of this idea, and to prevent the +abuse of the prevailing custom of visiting the governing +powers of that country with a view of receiving +presents from them, that the House of Commons +afterwards, in its inquiries, took up this matter and +passed the Regulating Act in 1773.</p> + +<p>But to return to Munny Begum.—This very person, +that had got into power by the means already +mentioned, did Mr. Hastings resort to, knowing her +to be well skilled in the trade of bribery,—knowing +her skilful practice in business of this sort,—knowing +the fitness of her eunuchs, instruments, and +agents, to be dealers in this kind of traffic. This +very woman did Mr. Hastings select, stigmatized as +she was in the Company's record, stigmatized by +the very gentleman who sits next to him, and wh<span class='pagenum'><a name="Page_225" id="Page_225">{225}</a></span>ose +name you have heard read to you as one of those +members of the Council that reprobated the horrible +iniquity of the transaction in which this woman was +a principal agent. For though neither the young Nabob +nor his mother ought to have been raised to the +stations in which they were placed, and were placed +there for the purpose of facilitating the receipt of +bribes, yet the order of Nature was preserved, and +the mother was made the guardian of her own son: +for though she was a prostitute and he a bastard, yet +still she was a mother and he a son; and both Nature +and legitimate disposition with regard to the +guardianship of a son went together.</p> + +<p>But what did Mr. Hastings do? Improving upon +the preceding transaction, improving on it by a kind +of refinement in corruption, he drives away the lawful +mother from her lawful guardianship; the mother +of nature he turns out, and he delivers her son to +the stepmother to be the guardian of his person. +That your Lordships may see who this woman was, +we shall read to you a paper from your Lordships' +minutes, produced before Mr. Hastings's face, and +never contradicted by him from that day to this.</p> + +<div class="blockquote"><p>At a Consultation, 24th July, 1775.—"Shah Chanim, +deceased, was sister to the Nabob Mahub ul +Jung by the same father, but different mothers; she +married Mir Mahomed Jaffier Khân, by whom she +had a son and a daughter; the name of the former +was Mir Mahomed Sadduc Ali Khân, and the latter +was married to Mir Mahomed Cossim Khân Sadduc. +Ali Khân had two sons and two daughters; the sons' +names are Mir Sydoc and Mir Sobeem, who are now +living; the daughters were married to Sultan Mi<span class='pagenum'><a name="Page_226" id="Page_226">{226}</a></span>rza +Daood.</p> + +<p>"Baboo Begum, the mother of the Nabob Mobarek +ul Dowlah, was the daughter of Summin Ali Khân, +and married Mir Mahomed Jaffier Khân. The history +of 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 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 this 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 she has remained in the +Nabob's family ever since."</p></div> + +<p>My Lords, I do not mean to detain you long upon +this part of the business, but I have thought it necessary +to advert to these particulars. As to all the +rest, the honorable and able Manager who preceded +me has sufficiently impressed upon your Lordships' +minds the monstrous nature of the deposing of the<span class='pagenum'><a name="Page_227" id="Page_227">{227}</a></span> +Nabob's mother from the guardianship of her son, for +the purpose of placing this woman there at the head +of all his family and of his domestic concerns in the +seraglio within doors, and at the head of the state +without, together with the disposal of the whole of +the revenue that was allowed him. Mr. Hastings +pretends, indeed, to have appointed at the same time +a trusty mutsuddy to keep the accounts of the revenue; +but he has since declared that no account had +been kept, and that it was in vain to desire it or to +call for it. This is the state of the case with respect +to the appointment of Munny Begum.</p> + +<p>With regard to the reappointment of Mahomed +Reza Khân, you have heard from my worthy fellow +Manager that he was acquitted of the charges that +had been brought against him by Mr. Hastings, after +a long and lingering trial. The Company was perfectly +satisfied with the acquittal, and declared that +he was not only acquitted, but honorably acquitted; +and they also declared that he had a fair claim to a +compensation for his sufferings. They not only declared +him innocent, but meritorious. They gave +orders that he should be considered as a person who +was to be placed in office again upon the first occasion, +and that he had entitled himself to this favor by +his conduct in the place which he had before filled.</p> + +<p>The Council of the year 1775, (whom I can never +mention nor shall mention without honor,) who complied +faithfully with the act of Parliament, who never +disobeyed the orders of the Company, and to whom +no man has imputed even the shadow of corruption, +found that this Munny Begum had acted in the manner +which my honorable fellow Manager has stated: +that she had dissipated the revenue, that she<span class='pagenum'><a name="Page_228" id="Page_228">{228}</a></span> had neglected +the education of the Nabob, and had thrown +the whole judicature of the country into confusion. +They ordered that she should be removed from her +situation; that the Nabob's own mother should be +placed at the head of the seraglio, a situation to +which she was entitled; and with regard to the rest +of the offices, that Mahomed Reza Khân should be +employed to fill them.</p> + +<p>Mr. Hastings resisted these propositions with all +his might; but they were by that happy momentary +majority carried against him, and Mahomed Reza +Khân was placed in his former situation. But Mr. +Hastings, though thus defeated, was only waiting for +what he considered to be the fortunate moment for +returning again to his corrupt, vicious, tyrannical, +and disobedient habits. The reappointment of Mahomed +Reza Khân had met with the fullest approbation +of the Company; and they directed, that, as long +as his good behavior entitled him to it, he should +continue in the office. Mr. Hastings, however, without +alleging any ill behavior, and for no reason that +can be assigned, but his corrupt engagement with +Munny Begum, overturned (upon the pretence of +restoring the Nabob to his rights) the whole of the +Company's arrangement, as settled by the late majority, +and approved by the Court of Directors.</p> + +<p>I have now to show you what sort of a man the +Nabob was, who was thus set up in defiance of the +Company's authority; what Mr. Hastings himself +thought of him; what the judges thought of him; +and what all the world thought of him.</p> + +<p>I must first make your Lordships acquainted with +a little preliminary matter. A man named Roy +Rada Churn had been appointed vakeel, or age<span class='pagenum'><a name="Page_229" id="Page_229">{229}</a></span>nt, to +manage the Nabob's affairs at Calcutta. One of this +man's creditors attached him there. Roy Rada +Churn pleaded his privilege as the vakeel or representative +of a sovereign prince. The question came +to be tried in the Supreme Court, and the issue was, +Whether the Nabob was a sovereign prince or not. +I think the court did exceedingly wrong in entertaining +such a question; because, in my opinion, +whether he was or was not a sovereign prince, any +person representing him ought to be left free, and to +have a proper and secure means of concerting his affairs +with the Council. It was, however, taken otherwise; +the question was brought to trial, whether the +Nabob was a sovereign prince sufficient to appoint and +protect a person to manage his affairs, under the name +of an ambassador. In that cause did Mr. Hastings +come forward to prove, by a voluntary affidavit, that +he had no pretensions, no power, no authority at +all,—that he was a mere pageant, a thing of straw,—and +that the Company exercised every species of +authority over him, in every particular, and in every +respect; and that, therefore, to talk of him as an +efficient person was an affront to the common sense +of mankind: and this you will find the judges afterwards +declared to be their opinion.</p> + +<p>I will here press again one remark, which perhaps +you may recollect that I have made before, that the +chief and most usual mode in which all the villanies +perpetrated in India, by Mr. Hastings and his co-partners +in iniquity, has been through the medium +and instrumentality of persons whom they pretended +to have rights of their own, and to be acting for +themselves; whereas such persons were, in fact, totally +dependent upon him, Mr. Hastings, and did no<span class='pagenum'><a name="Page_230" id="Page_230">{230}</a></span> +one act that was not prescribed by him. In order, +therefore, to let you see the utter falsehood, fraud, +prevarication, and deceit of the pretences by which +the native powers of India are represented to be +independent, and are held up as the instruments +of defying the laws of this kingdom, under pretext +of their being absolute princes, I will read the affidavit +of Warren Hastings, Esquire, Governor-General +of Bengal, made the 31st July, 1775.</p> + +<div class="blockquote"><p>"This deponent maketh oath, and saith, That the +late President and Council did, in or about the +month of August, 1772, by their own authority appoint +Munny Begum, relict of the late Nabob, Mir +Jaffier Ali Khân, to be guardian to the present Nabob, +Mobarek ul Dowlah, and Rajah Gourdas, son +of Maha Rajah Nundcomar, to be dewan of the said +Nabob's household, allowing to the said Munny Begum +a salary of 140,000 rupees per annum, and to +the said Rajah Gourdas, for himself and officers, a +salary of 100,000 rupees per annum: That the said +late President and Council did, in or about the +month of August, 1772, plan and constitute regular +and distinct courts of justice, civil and criminal, by +their own authority, for administration of justice to +the inhabitants throughout Bengal, without consulting +the said Nabob or requiring his concurrence, and +that the said civil courts were made solely dependent +on the Presidency of Calcutta; and the said criminal +courts were put under the inspection and control of +the Company's servants, although ostensibly under +the name of the Nazim, as appears from the following +extracts from the plan for the administration of +justice, constituted by the President and Counci<span class='pagenum'><a name="Page_231" id="Page_231">{231}</a></span>l as +aforesaid."</p></div> + +<p>My Lords, we need not go through all the circumstances +of this affidavit, which is in your minutes, +and, to save time, I will refer your Lordships to +them. This affidavit, as I have already said, was +put into the court to prove that the Nabob had no +power or authority at all; but what is very singular +in it, and which I recommend to the particular notice +of your Lordships, when you are scrutinizing this +matter, is, that there is not a single point stated, +to prove the nullity of this Nabob's authority, that +was not Mr. Hastings's on particular act. Well, +the Governor-General swears; the judge of the court +refers to him in his decision; he builds and bottoms it +upon the Governor-General's affidavit;—he swears, +I say, that the Council, by their own authority, appointed +Munny Begum to be guardian to the Nabob.</p> + +<p>"By what authority," the Governor-General asks, +"did the Council erect courts of law and superintend +the administration of justice, without any communication +with the Nabob? Had the Nabob himself any +idea that he was a sovereign? Does he complain +of the reduction of his stipend or the infringement +of treaties? No; he appears to consider himself to +be, what in fact he really is, absolutely dependent +on the Company, and to be willing to accept any pittance +they would allow him for his maintenance: +he claims no rights. Does he complain that the +administration of justice is taken into the hands of +the Company? No: by the treaty, the protection +of his subjects is delivered up to the Company; and +he well knew, that, whoever may be held up as the +ostensible prince, the administration of justice <span class='pagenum'><a name="Page_232" id="Page_232">{232}</a></span>must +be in the hands of those who have power to enforce +it." He goes on,—"The Governor-General, who, I +suppose, had a delicacy to state more than what had +before been made public, closes his affidavit with saying +that all he has deposed to he believes to be publicly +known, as it is particularly set forth in the +printed book entitled 'Reports of the Committee of +the House of Commons.' I knew," he adds, "it was +there, and was therefore surprised at this application; +it is so notorious, that everybody in the settlement +must have known it: when I say everybody, I mean +with an exception to the gentlemen who have applied +to the court. The only reason I can give for their +applying is the little time they have been in the +country." The judge (I think it is Chief-Justice Impey) +then goes on,—"Perhaps this question might +have been determined merely on the dates of the letters +to the Governor-General; but as the Council have +made the other a serious question, I should not have +thought that I had done my duty, if I had not given +a full and determinate opinion upon it: I should +have been sorry, if I had left it doubtful whether the +empty name of a Nabob should be thrust between +a delinquent and the laws, so as effectually to protect +him from the hand of justice."</p> + +<p>My Lords, the court, as you see, bottoms its determination +on what we stand upon here, Mr. Hastings's +evidence, that the empty name of a pretended sovereign +should not be thrust forth between a delinquent +and justice.</p> + +<p>What does Mr. Le Maistre, the other judge, say +upon this occasion? "With regard to this phantom, +that man of straw, Mobarek ul Dowlah, it is an insult +on the understanding of the court to have made the<span class='pagenum'><a name="Page_233" id="Page_233">{233}</a></span> +question of his sovereignty. But as it came from the +Governor-General and Council, I have too much respect +for that body to treat it ludicrously, and I confess +I cannot consider it seriously, and we always shall +consider a letter of business from the Nabob the same +as a letter from the Governor-General and Council."</p> + +<p>This is the unanimous opinion of all the judges +concerning the state and condition of the Nabob. +We have thus established the point we mean to +establish: that any use which shall be made of the +Nabob's name for the purpose of justifying any disobedience +to the orders of the Company, or of bringing +forward corrupt and unfit persons for the government, +could be considered as no other than the act +of the persons who shall make such a use of it; and +that no letter that the Nabob writes to any one in +power was or could be considered as any other than +the letter of that person himself. This we wish to +impress upon your Lordships, because, as you have +before seen the use that has been made in this way +of the Nabob of Oude, you may judge of the use that +has been made of the name of Hyder Beg Khân, and +of the names of all the eminent persons of the country.</p> + +<p>One word more and I have done. If, whilst you +remark the use that is made of this man's name, your +Lordships shall find that this use has ever been made +of his name for his benefit, or for the purpose of giving +him any useful or substantial authority, or of meliorating +his condition in any way whatever; forgive +the fraud, forgive the disobedience. But if we have +shown your Lordships that it was for no other purpose +than to disobey the orders of the Company, to trample +upon the laws of his country, to introduce back again, +and to force into power, those very corrupt and wicked<span class='pagenum'><a name="Page_234" id="Page_234">{234}</a></span> +instruments which had formerly done so much mischief, +and for which mischief they were removed, +then we shall not have passed our time in vain, in +endeavoring to prove that this man, in the opinion of +a court of justice, and by public notoriety, and by +Mr. Hastings's own opinion, was held to be fit for +nothing but to be made a tool in his hands.</p> + +<hr style='width: 45%;' /> + +<p>Having stated to your Lordships generally the +effects produced upon the Mahometan interest of +Bengal by the misconduct of the prisoner at your bar +with respect to the appointment of the guardian of +the Nabob or Subahdar of that province, and of the +ministers of his government, I shall have the honor +of attending your Lordships another day, and shall +show you the use that has been made of this government +and of the authority of the Nabob, who, as your +Lordships have seen, was the mere phantom of power; +and I shall show how much a phantom he was for +every good purpose, and how effectual an instrument +he was made for every bad one.</p> +<p><span class='pagenum'><a name="Page_235" id="Page_235">{235}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="EIGHTH_DAY_SATURDAY_JUNE_14_1794" id="EIGHTH_DAY_SATURDAY_JUNE_14_1794"></a>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">EIGHTH DAY: SATURDAY, JUNE 14, 1794.</span></h2> + + +<p>My Lords,—Your Lordships heard, upon the +last day of the meeting of this high court, the +distribution of the several matters which I should +have occasion to lay before you, and by which I +resolved to guide myself in the examination of the +conduct of Mr. Hastings with regard to Bengal. I +stated that I should first show the manner in which +he comported himself with regard to the people who +were found in possession of the government when we +first entered into Bengal. We have shown to your +Lordships the progressive steps by which the native +government was brought into a state of annihilation. +We have stated the manner in which that government +was solemnly declared by a court of justice to +be depraved, and incompetent to act, and dead in law. +We have shown to your Lordships (and we have +referred you to the document) that its death was +declared upon a certificate of the principal attending +physician of the state, namely, Mr. Warren Hastings +himself. This was declared in an affidavit made by +him, wherein he has gone through all the powers of +government, of which he had regularly despoiled the +Nabob Mobarek ul Dowlah, part by part, exactly according +to the ancient formula by which a degraded +knight was despoiled of his knighthood: th<span class='pagenum'><a name="Page_236" id="Page_236">{236}</a></span>ey took, I +say, from him all the powers of government, article +by article,—his helmet, his shield, his cuirass; at +last they hacked off his spurs, and left him nothing. +Mr. Hastings laid down all the premises, and left the +judges to draw the conclusion.</p> + +<p>Your Lordships will remark (for you will find it +on your minutes) that the judges have declared this +affidavit of Mr. Hastings to be a <i>delicate</i> affidavit. +We have heard of affidavits that were true; we have +heard of affidavits that were perjured; but this is the +first instance that has come to our knowledge (and +we receive it as a proof of Indian refinement) of a +delicate affidavit. This affidavit of Mr. Hastings we +shall show to your Lordships is not entitled to the +description of a good affidavit, however it might be +entitled, in the opinion of those judges, to the description +of a delicate affidavit,—a phrase by which +they appear to have meant that he had furnished all +the proofs of the Nabob's deposition, but had delicately +avoided to declare him expressly deposed. +The judges drew, however, this indelicate conclusion; +the conclusion they drew was founded upon the +premises; it was very just and logical; for they declared +that he was a mere cipher. They commended +Mr. Hastings's delicacy, though they did not imitate +it; but they pronounced sentence of deposition upon +the said Nabob, and they declared that any letter or +paper that was produced from him could not be considered +as an act of government. So effectually was +he removed by the judges out of the way, that no +minority, no insanity, no physical circumstances, not +even death itself, could put a man more completely +out of sight. They declare that they would consider +his letters in no other light than as the letters o<span class='pagenum'><a name="Page_237" id="Page_237">{237}</a></span>f +the Company, represented by the Governor-General +and Council. Thus, then, we find the Nabob legally +dead.</p> + +<p>We find next, that he was politically dead. Mr. +Hastings, not satisfied with the affidavit he made in +court, has thought proper upon record to inform the +Company and the world of what he considered him to +be civilly and politically.</p> + + +<div class="blockquote"><p class="center"><i>Minute entered by the Governor-General.</i></p> + +<p>"<i>The Governor-General.</i>—I object to this motion," +(a motion relative to the trial above alluded to,) +"because I do not apprehend that the declaration of +the judges respecting the Nabob's sovereignty will +involve this government in any difficulties with the +French or other foreign nations." (Mark, my Lords, +these political effects.) "How little the screen of +the Nabob's name has hitherto availed will appear in +the frequent and inconclusive correspondence which +has been maintained with the foreign settlements, the +French especially, since the Company have thought +proper to stand forth in their real character in the +exercise of the dewanny. From that period the government +of these provinces has been wholly theirs; +nor can all the subtleties and distinctions of political +sophistry conceal the possession of power, where the +exercise of it is openly practised and universally +felt in its operation. In deference to the commands +of the Company, we have generally endeavored, in all +our correspondence with foreigners, to evade the direct +avowal of our possessing the actual rule of the +country,—employing the unapplied term government, +for the power to which we exacted their submission; +but I do not remember any instance, and I hope<span class='pagenum'><a name="Page_238" id="Page_238">{238}</a></span> +none will be found, of our having been so disingenuous +as to disclaim our own power, or to affirm that the +Nabob was the real sovereign of these provinces. In +effect, I do not hesitate to say that I look upon this +state of indecision to have been productive of all the +embarrassments which we have experienced with the +foreign settlements. None of them have ever owned +any dominion but that of the British government in +these provinces. Mr. Chevalier has repeatedly declared, +that he will not acknowledge any other, but +will look to that only for the support of the privileges +possessed by his nation, and shall protest against that +alone as responsible for any act of power by which +their privileges may be violated or their property disturbed. +The Dutch, the Danes, have severally applied +to this government, as to the ruling power, for +the grant of indulgences and the redress of their +grievances. In our replies to all, we have constantly +assumed the prerogatives of that character, but +eluded the direct avowal of it; under the name of +influence we have offered them protection, and we +have granted them the indulgences of government +under elusive expressions, sometimes applied to our +treaties with the Nabobs, sometimes to our own +rights as the dewan; sometimes openly declaring the +virtual rule which we held of these provinces, we +have contended with them for the rights of government, +and threatened to repel with force the encroachments +on it; we in one or two instances have +actually put these threats into execution, by orders +directly issued to the officers of government and enforced +by detachments from our own military forces; +the Nabob was never consulted, nor was the pretence +ever made that his orders or concurrence were neces<span class='pagenum'><a name="Page_239" id="Page_239">{239}</a></span>sary: +in a word, we have always allowed ourselves +to be treated as principals, we have treated as principals, +but we have contented ourselves with letting +our actions insinuate the character which we effectually +possessed, without asserting it.</p> + +<p>"For my own part, I have ever considered the reserve +which has been enjoined us in this respect as a +consequence of the doubts which have long prevailed, +and which are still suffered to subsist, respecting the +rights of the British government and the Company +to the property and dominion of these provinces, not +as inferring a doubt with respect to any foreign power. +It has, however, been productive of great inconveniences; +it has prevented our acting with vigor +in our disputes with the Dutch and French. The +former refuse to this day the payment of the <i>bahor +peshcush</i>, although the right is incontestably against +them, and we have threatened to enforce it. Both nations +refuse to be bound by our decrees, or to submit +to our regulations; they refuse to submit to the payment +of the duties on the foreign commerce but in +their own way, which amounts almost to a total exemption; +they refuse to submit to the duty of ten +per cent which is levied upon foreign salt, by which, +unless a stop can be put to it by a more decisive +rule, they will draw the whole of that important +trade into their own colonies; and even in the single +instance in which they have allowed us to prescribe +to them, namely, the embargo on grain, on +the apprehension of a dearth, I am generally persuaded +that they acquiesced from the secret design +of taking advantage of the general suspension, by +exporting grain clandestinely under cover of their +colors, which they knew would screen them from<span class='pagenum'><a name="Page_240" id="Page_240">{240}</a></span> +the rigorous examination of our officers. We are +precluded from forming many arrangements of general +utility, because of the want of control over +the European settlements; and a great part of the +defects which subsist in the government and commercial +state of the country are ultimately derived +from this source. I have not the slightest suspicion +that a more open and decided conduct would expose +us to worse consequences from the European +nations; on the contrary, we have the worst of the +argument while we contend with them under false +colors, while they know us under the disguise, and +we have not the confidence to disown it. What we +have done and may do under an assumed character +is full as likely to involve us in a war with France, +a nation not much influenced by logical weapons, +(if such can be supposed to be the likely consequence +of our own trifling disagreements with +them,) as if we stood forth their avowed opponents. +To conclude, instead of regretting, with Mr. Francis, +the occasion which deprives us of so useless +and hurtful a disguise, I should rather rejoice, were +it really the case, and consider it as a crisis which +freed the constitution of our government from one +of its greatest defects."</p></div> + +<p>Now, my Lords, the delicacy of the affidavit is +no more; the great arcanum of the state is avowed: +it is avowed that the government is ours,—that the +Nabob is nothing. It is avowed to foreign nations; +and the disguise which we have put on, Mr. Hastings +states, in his opinion, to be hurtful to the affairs +of the Company. Here we perceive the exact +and the perfect agreement between his char<span class='pagenum'><a name="Page_241" id="Page_241">{241}</a></span>acter as +a delicate affidavit-maker in a court of justice and his +indelicate declarations upon the records of the Company +for the information of the whole world concerning +the real arcanum of the Bengal government.</p> + +<p>Now I cannot help praising his consistency upon +this occasion, whether his policy was right or wrong. +Hitherto we find the whole consistent, we find the +affidavit perfectly supported. The inferences which +delicacy at first prevented him from producing better +recollection and more perfect policy made him here +avow. In this state things continued. The Nabob, +your Lordships see, is dead,—dead in law, dead in +politics, dead in a court of justice, dead upon the +records of the Company. Except in mere animal +existence, it is all over with him.</p> + +<p>I have now to state to your Lordships, that Mr. +Hastings, who has the power of putting even to death +in this way, possesses likewise the art of restoring to +life. But what is the medicine that revives them? +Your Lordships, I am sure, will be glad to know what +nostrum, not hitherto pretended to by quacks in +physic, by quacks in politics, nor by quacks in law, +will serve to revive this man, to cover his dead bones +with flesh, and to give him life, activity, and vigor. +My Lords, I am about to tell you an instance of a +recipe of such infallible efficacy as was never before +discovered. His cure for all disorders is disobedience +to the commands of his lawful superiors. When the +orders of the Court of Directors are contrary to his +own opinions, he forgets them all. Let the Court of +Directors but declare in favor of his own system and +his own positions, and that very moment, merely for +the purpose of declaring his right of rebellion against +the laws of his country, he counteracts them. Then<span class='pagenum'><a name="Page_242" id="Page_242">{242}</a></span> +these dead bones arise,—or, to use a language more +suitable to the dignity of the thing, Bayes's men are +all revived. "Are these men dead?" asks Mr. +Bayes's friend. "No," says he, "they shall all get +up and dance immediately." But in this ludicrous +view of Mr. Hastings's conduct, your Lordships must +not lose sight of its great importance. You cannot +have in an abstract, as it were, any one thing that +better develops the principles of the man, that more +fully develops all the sources of his conduct, and of +all the frauds and iniquities which he has committed, +in order at one and the same time to evade his duty +to the Court of Directors, that is to say, to the laws +of his country, and to oppress, crush, rob, and ill-treat +the people that are under him.</p> + +<p>My Lords, you have had an account of the person +who represented the Nabob's dignity, Mahomed Reza +Khân; you have heard of the rank he bore, the sufferings +that he went through, his trial and honorable +acquittal, and the Company's order that the first +opportunity should be taken to appoint him Naib +Subah, or deputy of the Nabob, and more especially +to represent him in the administering of justice. +Your Lordships are also acquainted with what was +done in consequence of those orders by the Council-General, +in the restoration and reëstablishment of +the executive power in this person,—not in the poor +Nabob, a poor, helpless, ill-bred, ill-educated boy, but +in the first Mussulman of the country, who had before +exercised the office of Naib Subah, or deputy viceroy,—in +order to give some degree of support to the expiring +honor and justice of that country. The majority, +namely, General Clavering, Colonel Monson, and Mr. +Francis, whose names, as I have before said, will,<span class='pagenum'><a name="Page_243" id="Page_243">{243}</a></span> for +obedience to the Company, fidelity to the laws, honor +to themselves, and a purity untouched and unimpeached, +stand distinguished and honored, in spite of +all the corrupt and barking virulence of India against +them,—these men, I say, obeyed the Company: +they had no secret or fraudulent connection with +Mahomed Reza Khân; but they reinstated him in +his office.</p> + +<p>The moment that real death had carried away two +of the most virtuous of this community, and that Mr. +Hastings was thereby reëstablished in his power, he +returned to his former state of rebellion to the Company, +and of fraud and oppression upon the people. +And here we come to the revivificating medicine. I +forgot to tell your Lordships, that this Nabob, whose +letters were declared by a court of law, with his own +approbation, to be in effect letters of the Governor-General +and Council, concludes a formal application +transmitted to them, and dated 17th November, 1777, +with a demand of the restoration of his rights. Mr. +Hastings upon this enters the following minute:—</p> + +<div class="blockquote"><p>"The Nabob's demands are grounded upon positive +rights, which will not admit of a discussion; he +has an incontestable right to the management of his +own household; he has an incontestable right to the +nizamut."</p></div> + +<p>My Lords, you have heard his affidavit, you have +heard his avowed and recorded opinion. In direct +defiance of both, because he wishes to make doubtful +the orders of the Company and to evade his duty, he +here makes without any delicacy a declaration, which +if it be true, the affidavit is a gross perjury, let it be +managed with what delicacy he pleases. The word<span class='pagenum'><a name="Page_244" id="Page_244">{244}</a></span> +<i>nizamut</i>, which he uses, may be unfamiliar to your +Lordships. In India it signifies the whole executive +government, though the word strictly means viceroyalty: +all the princes of that country holding their +dominions as representatives of the Mogul, the great +nominal sovereign of the empire. To convince you +that it does so, take his own explanation of it.</p> + +<div class="blockquote"><p>"It is his by inheritance: the adawlut and the foujdarry +having been repeatedly declared by the Company +and by this government to appertain to the nizamut. +The adawlut, namely, the distribution of civil +justice, and the foujdarry, namely, the executive criminal +justice of that country, that is to say, the whole +sovereign government of the courts of justice, have +been declared by the Company to appertain to the +nizamut."</p></div> + +<p>I beg of your Lordships to recollect, when you take +into your consideration the charges of the House of +Commons, that the person they accuse, and persons +suborned by him, have never scrupled to be guilty, +without sense of shame, of the most notorious falsehoods, +the most glaring inconsistencies, and even of +perjury itself; and that it is thus they make the power +of the Company dead or alive, as best suits their +own wicked, clandestine, and fraudulent purposes, +and the great end of all their actions and all their +politics plunder and peculation.</p> + +<p>I must here refer your Lordships to a minute of +Mr. Francis's, which I recommend to your reading +at large, and to your very serious recollection, in +page 1086; because it contains a complete history of +Mr. Hastings's conduct, and of its effects upon this +occasion.</p> +<p><span class='pagenum'><a name="Page_245" id="Page_245">{245}</a></span></p> +<p>And now to proceed.—The Nabob, in a subsequent +application to the Company's government at Calcutta, +desires that Munny Begum may be allowed to take +on herself the whole administration of the affairs of +the nizamut, (not the superiority in the administration +of the affairs of the seraglio only, though this +would have been a tyrannical usurpation of the power +belonging to the legitimate mother of the Nabob,) +without the interference of any person whatever; +and he adds, that by this the Governor will give him +complete satisfaction. In all fraudulent correspondence +you are sure to find the true secret of it at last. +It has been said by somebody, that the true sense of +a letter is to be learnt from its postscript. But this +matter is so clumsily managed, that, in contempt of +all decency, the first thing the Nabob does is to desire +he may be put into the hands of Munny Begum, and +that without the interference of anybody whatever.</p> + +<p>The next letter, immediately following on the +heels of the former, was received by the Council on +the 12th of February, 1778. In this letter he desires +that Mahomed Reza Khân may be removed from his +office in the government; and he expresses his hopes, +that, as he himself is now come to years of maturity, +and by the blessing of God is not so devoid of understanding +as to be incapable of conducting his affairs, +he says, "I am therefore hopeful, from your favor +and regard to justice, that you will deliver me from +the authority of the aforesaid Mahomed Reza Khân, +and give your permission that I take on myself the +management of the adawlut and foujdarry." There +is no doubt of this latter application, in contradiction +to the former, having arisen from a suspicion that the +appointment of Munny Begum would be too gross, +and would shock the Council; and Mr. Hastings<span class='pagenum'><a name="Page_246" id="Page_246">{246}</a></span> +therefore orders the second letter to be written from +the Nabob, in which he claims the powers of government +for himself. Then follows a letter from the Governor-General, +informing the Nabob that it had been +agreed, that, his Excellency being now arrived at +years of maturity, the control of his own household, +and the courts dependent on the nizamut and foujdarry, +should be placed in his hands; and Mahomed +Reza Khân was directed at the same time to resign +his authority to the Nabob.</p> + +<p>Here your Lordships see Munny Begum in effect +completely invested with, and you will see how she +has used her power: for I suppose your Lordships +are sick of the name of Nabob, as a real actor in the +government. You now see the true parties in the +transaction,—namely, the lover, Warren Hastings, +Esquire, and Munny Begum, the object of his passion +and flame, to which he sacrifices as much as Antony +ever did to Cleopatra. You see the object of his +love and affection placed in the administration of the +viceroyalty; you see placed at her disposal the administration +of the civil judicature, and of the executory +justice,—together with the salary which was +intended for Mahomed Reza Khân.</p> + +<p>Your Lordships will be pleased to remember that +this distribution of the Nabob's government was made +in direct defiance of the orders of the Company. +And as a further proof of this defiance, it will not +escape your Lordships, that, before this measure was +carried into execution, Mr. Barwell being one day +absent from the Council, Mr. Hastings fell into a +minority; and it was agreed, upon that occasion, +that the whole affair should be referred home to the +Court of Directors, and that no arrangement should<span class='pagenum'><a name="Page_247" id="Page_247">{247}</a></span> +be made till the Directors had given their opinion. +Mr. Hastings, the very moment after Mr. Barwell's +return to his seat in the Council, rescinds this resolution, +which subjected the orders of the Court of +Directors to their own reconsideration; and he hurries +headlong and precipitately into the execution +of his first determination. Your Lordships will also +see in this act what sort of use Mr. Hastings made +of the Council; and I have therefore insisted upon +all these practices of the prisoner at your bar, because +there is not one of them in which some principle +of government is not wounded, if not mortally +wounded.</p> + +<p>My Lords, we have laid before you the consequences +of this proceeding. We have shown what passed +within the walls of the seraglio, and what tyranny +was exercised by this woman over the multitude of +women there. I shall now show your Lordships in +what manner she made use of her power over the +<i>supreme judicature</i>, to peculate, and to destroy the +country; and I shall adduce, as proofs of this abuse +of her authority, the facts I am about to relate, and +of which there is evidence before your Lordships.</p> + +<p>There was an ostensible man, named Sudder ul +Huk Khân, placed there at the head of the administration +of justice, with a salary of seven thousand +pounds a year of the Company's money. This man, +in a letter to the Governor-General and Council, received +the 1st of September, 1778, says,—"His Highness +himself [the Nabob] is not deficient in regard for +me, but certain bad men have gained an ascendency +over his temper, by whose instigation he acts." You +will see, my Lords, how this poor man was crippled +in the execution of his duty, and dishonored by th<span class='pagenum'><a name="Page_248" id="Page_248">{248}</a></span>e +corruption of this woman and her eunuchs, to whom +Mr. Hastings had given the supreme government, and +with it an uncontrolled influence over all the dependent +parts. After thus 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 with their advice, and appoint +creatures of their recommendation to the different +offices, from which they might draw profit to themselves." +In a subsequent letter to the Governor, Sudder +ul Huk Khân 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 +sircar; and having drawn up an account 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>Now I have only to remark to your Lordships, that +the first and immediate operation of Mr. Hastings's +regulation, which put everything into the hands of +this wicked woman for her corrupt purposes, was, +that the office of chief-justice was trampled upon and +depraved, and made use of to plunder the Company +of money, which was appropriated to their own +uses,—and that the person ostensibly holding this +office was forced to become the instrument in the<span class='pagenum'><a name="Page_249" id="Page_249">{249}</a></span> +hands of this wicked woman and her two wicked +eunuchs. This, then, was the representation which +the chief-justice made to Mr. Hastings, as one of the +very first fruits of his new arrangement. I am now to +tell you what his next step was. This same Mr. Hastings, +who had made the Nabob master of everything +and placed everything at his disposal, who had maintained +that the Nabob was not to act a secondary part +and to be a mere instrument in the hands of the Company, +who had, as you have seen, revived the Nabob, +now puts him to death again. He pretends to be +shocked at these proceedings of the Nabob, and, not +being able to prevent their coming before the Council +of the Directors at home, he immediately took Sudder +ul Huk Khân under his protection.</p> + +<p>Now your Lordships see Mr. Hastings appearing +in his own character again,—exercising the power +he had pretended to abdicate, whilst the Nabob sinks +and subsides under him. He becomes the supporter +of Sudder ul Huk Khân, now that the infamy of the +treatment he received could no longer be concealed +from the Council. On the 1st of September, 1778, +the Governor informs the Nabob, "that it is highly +expedient that Sudder ul Huk Khân should have +full control in all matters relative to his office, and +the sole appointment and dismission of the sudder +and mofussil officers; and that his seal and signature +should be authentic to all papers having relation to +the business intrusted to him: I therefore intimate +to you, that he should appoint and dismiss all the +officers under him, and that your Excellency should +not interfere in any one [way?]."</p> + +<p>The Nabob, in a letter to the Governor, received the +3d of September, 1778, says,—"Agreeably to your<span class='pagenum'><a name="Page_250" id="Page_250">{250}</a></span> +pleasure, I have relinquished all concern with the +affairs of the foujdarry and adawlut, leaving the entire +management in Sudder ul Huk Khân's hands." +Here you see the Nabob again reduced to his former +state of subordination. This chief-justiceship, +which was declared to be his inherent right, he is +obliged to submit to the control of Mr. Hastings, +and to declare that he will not interfere at all in a +matter which Mr. Hastings had declared to be his incommunicable +attribute. I do not say that Mr. Hastings +interfered improperly. Certainly it was not fit +that the highest court of justice in all Bengal should +be made the instrument of the rapacity of a set of +villains with a prostitute at their head: just as if +a gang of thieves in England, with their prostitutes +at their head, should seize the judge which ought to +punish them, and endeavor to make use of his name +in their iniquitous transactions. But your Lordships +will find that Mr. Hastings is here acting a merely +ostensible part, and that he has always a means of +defeating privately what he declares publicly to be +his intention. Your Lordships will see soon how +this ended. Mr. Hastings gets the Nabob to give up +all his authority over the chief-justice; but he says +not one word of Munny Begum, the person who had +the real authority in her hands, and who was not +forbidden to interfere with him. Mr. Hastings's order +is dated the 1st September, 1778. On the 3d of +September, the Nabob is said to have relinquished all +concern with Sudder ul Huk Khân. In a letter received +the 30th of September, (that is, about twenty-seven +days after the date of Mr. Hastings's order,) +you will see how this pretended order was managed. +Sudder ul Huk Khân thus writes, in a letter receiv<span class='pagenum'><a name="Page_251" id="Page_251">{251}</a></span>ed +the 30th of September.</p> + +<div class="blockquote"><p>"Yatibar Ali Khân," (Munny Begum's chief eunuch,) +"from the amount of salaries of the officers +of the adawlut and foujdarry, which before my arrival +he had received for two months from the sircar, +made disbursements according to his own pleasure. +He had before caused the sum of 7,400 rupees, +on account of the price of mine and my peshcar's +khelauts, to be carried to account, and now continually +sends a man to demand from me 4,300 and odd +rupees, as a balance of the price of khelauts, and constantly +presses me to take it from the amount of the +salaries of the officers of the adawlut and foujdarry +and send it to him; and I shall be under the necessity +of complying. I mention this for your information."</p></div> + +<p>My Lords, you see again how Mr. Hastings's pretended +orders were obeyed. They were orders addressed +to the Nabob, whom he knew to be nothing, +and who could neither control or take the least +share in the execution of them; but he leaves the +thing loose as to Manny Begum and her eunuchs, +who he knew could alone carry them into effect. +Your Lordships see that the first use made of the +restored authority of the Nabob was, under various +pretences, to leave the salaries of the officers of government +unprovided for, to rob the public treasury, +and to give the Company's money to the eunuchs, +who were acting in the manner I have stated to +you.</p> + +<p>Information of these proceedings reaches Calcutta; +a regular complaint from a person in the highest +situation in the government is made, and the Gov<span class='pagenum'><a name="Page_252" id="Page_252">{252}</a></span>ernor-General +is obliged again to take up the matter; +and I shall now read to your Lordships a letter of the +10th of October, 1778, which contains a representation +so pointed and so very just of the fatal effects +which his interference in the administration of justice +had produced as not to stand in need of any +comment from me. It speaks too plainly to require +any.</p> + + +<div class="blockquote"><p class="center"><i>The Governor-General's Letter to the Nabob</i>.</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 thr<span class='pagenum'><a name="Page_253" id="Page_253">{253}</a></span>ow 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 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; and if your Excellency +has any plan to propose for the management of +the affairs in future, be pleased to communicate it to +me, and every attention shall be paid to give your +Excellency satisfaction."</p></div> + +<p>My Lords, I think I have read enough to you for +our present purpose,—referring your Lordships for +fuller information to your Minutes, page 1086, which +I beg you to read with the greatest attention.</p> + +<p>I must again beg your Lordships to remark, that, +though Mr. Hastings has the impudence still to pretend +that he wishes for the restoration of order and +justice in the country, yet, instead of writing to Munny +Begum upon the business, whom he knew to be +the very object complained of, and whose eunuchs are +expressly mentioned in the complaint, he writes to +the Nabob, whom he knew to be a pageant in his +own court and government, and whose name was +not even mentioned in this last complaint. Not one +word is said, even in this letter to the Nabob, of +Munny Begum or of her eunuchs. My Lords, when +you consider his tacit support of the authors of the +grievance, and his ostensible application for redres<span class='pagenum'><a name="Page_254" id="Page_254">{254}</a></span>s +to the man who he knew never authorized and could +not redress the grievance, you must conclude that +he meant to keep the country in the same state for +his own corrupt purposes. In this state the country +in fact continued; Munny Begum and her eunuchs +continued to administer and squander the +Company's money, as well as the Nabob's; robberies +and murders continued to prevail throughout the +country. No appearance was left of order, law, or +justice, from one end of Bengal to the other.</p> + +<p>The account of this state of things was received by +the Court of Directors with horror and indignation. +On the 27th of May, 1779, they write, as you will +find in page 1063 of your printed Minutes, a letter to +their government at Calcutta, condemning their proceedings +and the removal of Mahomed Reza Khân, +and they order that Munny Begum shall be displaced, +and Mahomed Reza Khân restored again to the seat +of justice.</p> + +<p>Mr. Francis, upon the arrival of these reiterated +orders, moved in Council for an obedience to them. +Mr. Hastings, notwithstanding he had before his eyes +all the horrible consequences that attended his new +arrangement, still resists that proposition. By his +casting voice in the Council he counter-orders the +orders of the Court of Directors, and sanctions a direct +disobedience to their authority, by a resolution +that Mahomed Reza Khân should not be restored +to his employment, but that this Sudder ul Huk +Khân, who still continued in the condition already +described, should remain in the possession of his +office. I say nothing of Sudder ul Huk Khân; he +seems to be very well disposed to do his duty, if +Mr. Hastings's arrangements had suffered him to d<span class='pagenum'><a name="Page_255" id="Page_255">{255}</a></span>o +it; and indeed, if Mahomed Reza Khân had been +reinstated, and no better supported by Mr. Hastings +than Sudder ul Huk Khân, he could probably have +kept the country in no better order, though, perhaps, +his name, and the authority and weight which still +adhered to him in some degree, might have had some +influence.</p> + +<p>My Lords, you have seen his defiance of the Company; +you have seen his defiance of all decency; +you see his open protection of prostitutes and robbers +of every kind ravaging Bengal; you have seen +this defiance of the authority of the Court of Directors +flatly, directly, and peremptorily persisted in +to the last. Order after order was reiterated, but his +disobedience arose with an elastic spring in proportion +to the pressure that was upon it.</p> + +<p>My Lords, here there was a pause. The Directors +had been disobeyed; and you might suppose that +he would have been satisfied with this act of disobedience. +My Lords, he was resolved to let the native +governments of the country know that he despised +the orders of the Court of Directors, and that, +whenever he pretended to obey them, in reality he +was resolved upon the most actual disobedience. An +event now happened, the particulars of which we +are not to repeat here. Disputes, conducted, on Mr. +Francis's side, upon no other principle, that we can +discover, but a desire to obey the Company's orders, +and to execute his duty with fidelity and disinterestedness, +had arisen between him and Mr. Hastings. +Mr. Francis, about the time we have been speaking +of, finding resistance was vain, reconciles himself +to him,—but on the most honorable terms as a +public man, namely, that he should continue t<span class='pagenum'><a name="Page_256" id="Page_256">{256}</a></span>o follow +and obey the laws, and to respect the authority +of the Court of Directors. Upon this reconciliation, +it was agreed that Mahomed Reza Khân should be +restored to his office. For this purpose Mr. Hastings +enters a minute, and writes to the Nabob an ostensible +letter. But your Lordships will here see an instance +of what I said respecting a double current +in all Mr. Hastings's proceedings. Even when he +obeys or pretends to obey the Company's orders, +there is always a private channel through which he +defeats them all.</p> + + +<div class="blockquote"><p class="center"><i>Letter from Mr. Hastings to the Nabob Mobarek ul +Dowlah, written the 10th of February, 1780.</i></p> + +<p>"The Company, whose orders are peremptory, +have directed that Mahomed Reza Khân shall be +restored to the offices he held in January, 1778. It +is my duty to represent this to your Excellency, and +to recommend your compliance with their request, +that Mahomed Reza Khân may be invested with the +offices assigned to him under the nizamut by the +Company."</p></div> + +<p>Your Lordships see here that Mr. Hastings informs +the Nabob, that, having received peremptory orders +from the Company, he restores and replaces Mahomed +Reza Khân. Mahomed Reza Khân, then, is in possession,—and +in possession by the best of all titles, +the orders of the Company. But you will also see +the manner in which he evades his duty, and vilifies +in the eyes of these miserable country powers +the authority of the Directors. He is prepared, as +usual, with a defeasance of his own act; and the +manner in which that defeasance came to our know<span class='pagenum'><a name="Page_257" id="Page_257">{257}</a></span>ledge +is this. We knew nothing of this private affair, +till Mr. Hastings, in his answer before the House of +Commons, finding it necessary to destroy the validity +of some of his own acts, brought forward Sir John +D'Oyly. He was brought forward before us, not +as a witness in his own person for the defence of +Mr. Hastings, but as a narrator who had been employed +by Mr. Hastings as a member of that Council +which, as you have heard, drew up his defence. +My Lords, you have already seen the public agency +of this business, you have heard read the public letter +sent to the Nabob: there you see the ostensible +part of the transaction. Now hear the banian, Sir +John D'Oyly, give an account of his part in it, extracted +from Mr. Hastings's defence before the House +of Commons.</p> + +<div class="blockquote"><p>"I was appointed Resident [at the Court of the +Nabob] on the resignation of Mr. Byam Martin, +in the month of January, 1780, and took charge +about the beginning of February of the same year. +The substance of the instructions I received was, to +endeavor, by every means in my power, to conciliate +the good opinion and regard of the Nabob and his +family, that I might be able to persuade him to +adopt effectual measures for the better regulation +of his expenses, which were understood to have +greatly exceeded his income; that I might prevent +his forming improper connections, or taking any +steps derogatory to his rank, and by every means +in my power support his credit and dignify in the +eyes of the world; and with respect to the various +branches of his family, I was instructed to endeavor +to put a stop to the dissensions which had too frequ<span class='pagenum'><a name="Page_258" id="Page_258">{258}</a></span>ently +prevailed amongst them. The Nabob, on +his part, was recommended to pay the same attention +to my advice as he would have done to that +of the Governor-General in person. Some time, I +think, in the month of February of the same year, +I received a letter from Mr. Hastings, purporting +that the critical situation of affairs requiring the +union and utmost exertion of every member of the +government to give vigor to the acts necessary for +its relief, he had agreed to an accommodation with +Mr. Francis; but to effect this point he had been +under the necessity of making some painful sacrifices, +and particularly that of the restoration of +Mahomed Reza Khân to the office of Naib Subah, +a measure which he knew must be highly disagreeable +to the Nabob, and which nothing but the +urgent necessity of the case should have led him +to acquiesce in; that he relied on me to state all +these circumstances in the most forcible manner to +the Nabob, and to urge his compliance, assuring him +that it should not continue longer than until the +next advices were received from the Court of Directors."</p></div> + +<p>Here Mr. Hastings himself lets us into the secrets +of his government. He writes an ostensible letter to +the Nabob, declaring that what he does is in conformity +to the orders of the Company. He writes a private +letter, in which he directs his agent to assure the +Nabob that what he had done was not in compliance +with the orders of the Company, but in consequence +of the arrangement he had made with Mr. Francis, +which arrangement he thought necessary for the support +of his own personal power. His design, in thus<span class='pagenum'><a name="Page_259" id="Page_259">{259}</a></span> +explaining the transaction to the Nabob, was in order +to prevent the native powers from looking to any +other authority than his, and from having the least +hopes of redress of their complaints from the justice +of this country or from any legal power in it. He +therefore tells him that Mahomed Reza Khân was +replaced, not in obedience to the orders of the Company, +but to gratify Mr. Francis. If he quarrels +with Mr. Francis, he makes that a reason for disobeying +the orders of his masters; if he agrees with him, +he informs the people concerned in the transaction, +privately, that he acts, not in consequence of the orders +that he has received, but from other motives. +But that is not all. He promises that he will take +the first opportunity to remove Mahomed Reza Khân +from his office again. Thus the country is to be re-plunged +into the same distracted and ruined state in +which it was before. And all this is laid open fully +and distinctly before you. You have it on the authority +of Sir John D'Oyly. Sir John D'Oyly is a +person in the secret; and one man who is in the +secret is worth a thousand ostensible persons.</p> + +<p>Mahomed Reza Khân, I must now tell you, was +accordingly reinstated in all his offices, and the Nabob +was reduced to the situation, as Mr. Hastings +upon another occasion describes it, of a mere cipher. +But mark what followed,—mark what this Sir John +D'Oyly is made to tell you, or what Mr. Hastings +tells you for him: for whether Sir John D'Oyly has +written this for Mr. Hastings, or Mr. Hastings for +Sir John D'Oyly, I do not know; because they seem, +as somebody said of two great friends, that they had but +one will, one bed, and one hat between them. These +gentlemen who compose Mr. Hastings's Council have<span class='pagenum'><a name="Page_260" id="Page_260">{260}</a></span> +but one style of writing among them; so that it is +impossible for you to determine by which of the masters +of this Roman school any paper was written,—whether +by D'Oyly, by Shore, or by Hastings, or any +other of them. They have a style in common, a +kind of bank upon which they have a general credit; +and you cannot tell to whose account anything is to +be placed.</p> + +<p>But to proceed.—Sir John D'Oyly says there, that +the Nabob is reduced again to a cipher. Now hear +what he afterwards says. "About the month of +June, 1781, Mr. Hastings, being then at Moorshedabad, +communicated to me his intention of performing +his promise to the Nabob, by restoring him to the +management of his own affairs,"—that is to say, by +restoring Munny Begum again, and by turning out +Mahomed Reza Khân. Your Lordships see that he +communicated privately his intentions to Sir John +D'Oyly, without communicating one word of them to +his colleagues in the Supreme Council, and without +entering any minute in the records of the Council, +by which it could be known to the Directors.</p> + +<p>Lastly, in order to show you in what manner the +Nabob was to be restored to his power, I refer your +Lordships to the order he gave to Sir John D'Oyly for +investigating the Nabob's accounts, and for drawing +up articles of instructions for the Nabob's conduct in +the management of his affairs. You will there see +clearly how he was restored: that is to say, that he +was taken out of the hands of the first Mussulman in +that country, the man most capable of administering +justice, and whom the Company had expressly ordered +to be invested with that authority, and to put +him into the hands of Sir John D'Oyly. Is Sir <span class='pagenum'><a name="Page_261" id="Page_261">{261}</a></span>John +D'Oyly a Mussulman? Is Sir John D'Oyly fit to be +at the head of such a government? What was there +that any person could see about him, that entitled +him to or made him a fit person to be intrusted +with this power, in defiance of the Company's orders? +And yet Mahomed Reza Khân, who was to have the +management of the Nabob's affairs, was himself put +under the most complete and perfect subjection to +this Sir John D'Oyly. But, in fact, Munny Begum +had the real influence in everything. Sir John +D'Oyly himself was only Mr. Hastings's instrument +there to preserve it, and between them they pillaged +the Nabob in the most shocking manner, and must +have done so to the knowledge of Mr. Hastings. A +letter written at this time by Mr. Hastings to the Nabob +discovers the secret beyond all power of evasion.</p> + + +<div class="blockquote"><p class="center"><i>Instructions from the Governor-General to the Nabob +Mobarek ul Dowlah, respecting his Conduct in the +Management of his Affairs.</i></p> + +<p>"9th. These I make the conditions of the compliance +which the Governor-General and Council have +yielded to your late requisition. It is but just that +you should possess what is your acknowledged right; +but their intention would be defeated, and you would +be in a worse situation, if you were to be left a prey, +without a guide, until you have acquired experience, +(which, to the strength and goodness of your understanding, +will be the work but of a short period,) to +the rapacity, frauds, and artifices of mankind. You +have offered to give up the sum of four lacs of rupees +to be allowed the free use of the remainder of your +stipend. This we have refused, because it would be +contrary to justice. You should consider this as a<span class='pagenum'><a name="Page_262" id="Page_262">{262}</a></span> +proof of the sincerity of the above arrangements +which have been recommended to you, and of their +expediency to your real interests; and your attention +to them will be a means of reconciling the Company +to the resolution which we have taken, and which will +be reported to them in a light very hurtful both to +you and to us, if an improper effect should attend it. +These I have ordered Sir John D'Oyly to read in your +presence, and to explain them to you, that no part of +them may escape your notice; and he has my positive +orders to remonstrate to you against every departure +from them. Upon all these occasions, I hope and +expect that you will give him a particular and cordial +attention, and regard what he shall say as if said by +myself; for I know him to be a person of the strictest +honor and integrity. I have a perfect reliance on +him; and you cannot have a more attached or more +disinterested counsellor. Although I desire to receive +your letters frequently, yet, as many matters will occur +which cannot so easily be explained by letter as +by conversation, I desire that you will on such occasions +give your orders to him respecting such points +as you may desire to have imparted to me; and I, +postponing every other concern, will give you an immediate +and the most satisfactory reply concerning +them."</p></div> + +<p>My Lords, here is a man who is to administer his +own affairs, who has arrived at sufficient age to supersede +the counsel and advice of the great Mahometan +doctors and the great nobility of the country, +and he is put under the most absolute guardianship +of Sir John D'Oyly. But Mr. Hastings has given +Sir John D'Oyly a great character. I cannot c<span class='pagenum'><a name="Page_263" id="Page_263">{263}</a></span>onfirm +it, because I can confirm the character of none of Mr. +Hastings's instruments. They must stand forth here, +and defend their own character before you.</p> + +<p>Your Lordships will now be pleased to advert to +another circumstance in this transaction. You see +here 40,000<i>l.</i> a year offered by this man for his +redemption. "I will give you," he says, "40,000<i>l.</i> a +year to have the management of my own affairs." +Good heavens! Here is a man, who, according to Mr. +Hastings's assertion, had an indisputable right to the +management of his own affairs, but at the same time +was notoriously so little fit to have the management +of them as to be always under some corrupt tyranny +or other, offers 40,000<i>l.</i> a year out of his own revenues +to be left his own master, and to be permitted to +have the disposal of the remainder. Judge you of the +bribery, rapine, and peculation which here stare you +in the face. Judge of the nature and character of that +government for the management of which 40,000<i>l.</i>, +out of 160,000<i>l.</i> a year of its revenue, is offered by a +subordinate to the supreme authority of the country. +This offer shows that at this time the Nabob had it +not himself. Who had it? Sir John D'Oyly; he is +brought forward as the person to whom is given the +management of the whole. Munny Begum had the +management before. But, whether it be an Englishman, +a Mussulman, a white man or a black man, a +white woman or a black woman, it is all Warren +Hastings.</p> + +<p>With respect to the four lacs of rupees, he gets +Sir John D'Oyly, in the narrative that he makes +before the House of Commons, positively to deny in +the strongest manner, and he says the Nabob would +give oath of it, that the Nabob never gave a comm<span class='pagenum'><a name="Page_264" id="Page_264">{264}</a></span>ission +to any one to make such an offer. That such +an offer was made had been long published and long +in print, with the remarks such as I have made upon +it in the Ninth Report of the Select Committee; that +the Committee had so done was well known to Mr. +Hastings and Sir John D'Oyly; not one word on the +part of Mr. Hastings, not one word on the part of Sir +John D'Oyly was said to contradict it, until the appearance +of the latter before the House of Commons. +But, my Lords, there is something much more serious +in this transaction. It is this,—that the evidence +produced by Mr. Hastings is the evidence of witnesses +who are mere phantoms; they are persons who could +not, under Mr. Hastings's government, eat a bit of +bread but upon his own terms, and they are brought +forward to give such evidence as may answer his purposes.</p> + +<p>You would naturally have imagined, that, in the +House of Commons, where clouds of witnesses had +been before produced by the friends and agents of Mr. +Hastings, he would then have brought forward Sir +John to contradict this reported offer; but not a word +from Sir John D'Oyly. At last he is examined before +the Committee of Managers. He refuses to answer. +Why? Because his answers might criminate himself. +My Lords, every answer that most of them have been +required to make they are sensible they cannot make +without danger of criminating themselves, being all +involved in the crimes of the prisoner. He has corrupted +and ruined the whole service; there is not one +of them that dares appear and give a fair and full +answer in any case, as you have seen in Mr. Middleton, +and many others at your bar. "I will not +answer this question," they say, "becaus<span class='pagenum'><a name="Page_265" id="Page_265">{265}</a></span>e it tends to +criminate myself." How comes it that the Company's +servants are not able to give evidence in the affairs of +Mr. Hastings, without its tending to criminate themselves?</p> + +<p>Well,—Sir John D'Oyly is in England,—why is +he not called now? I have not the honor of being +intimately acquainted with him, but he is a man +of a reputable and honorable family. Why is he not +called by Mr. Hastings to verify the assertion, and +why do they suffer this black record to stand before +your Lordships to be urged by us, and to press it +as we do against him? If he knows that Sir John +D'Oyly can acquit him of this part of our accusation, +he would certainly bring him as a witness to your +bar; but he knows he cannot. When, therefore, I +see upon your records that Sir John D'Oyly and Mr. +Hastings received such an offer for the redemption +of the Nabob's affairs out of their hands, I conclude, +first, that at the time of this offer the Nabob had not +the disposal of his own affairs,—and, secondly, that +those who had the disposal of them disposed of them +so corruptly and prodigally that he thought they +could hardly be redeemed at too high a price. What +explanation of this matter has been attempted? +There is no explanation given of it at all. It stands +clear, full, bare in all its nakedness before you. +They have not attempted to produce the least evidence +against it. Therefore in that state I leave it +with you; and I shall only add, that Mr. Hastings +continued to make Munny Begum the first object of +his attention, and that, though he could not entirely +remove Mahomed Reza Khân from the seat of justice, +he was made a cipher in it. All his other offices +were taken out of his hands and put into the hand<span class='pagenum'><a name="Page_266" id="Page_266">{266}</a></span>s +of Sir John D'Oyly, directly contrary to the orders +of the Company, which certainly implied the restitution +of Mahomed Reza Khân to all the offices which +he had before held. He was stripped of everything +but a feeble administration of justice, which, I take +for granted, could not, under the circumstances, +have been much better in his hands than it had been +in Sudder ul Huk Khân's.</p> + +<p>Mr. Hastings's protection of this woman continued +to the last; and when he was going away, on the 3d +of November, 1783, he wrote a sentimental letter to +the Court of Directors in her praise. This letter was +transmitted without having been communicated to +the Council. You have heard of delicate affidavits; +here you have a sentimental official despatch: your +Lordships will find it in page 1092 and 1093 of your +printed Minutes. He writes in such a delicate, sentimental +strain of this woman, that I will venture to +say you will not find in all the "Arcadia," in all the +novels and romances that ever were published, an instance +of a greater, a more constant, and more ardent +affection, defying time, ugliness, and old age, did ever +exist, than existed in Mr. Hastings towards this old +woman, Munny Begum. As cases of this kind, cases +of gallantry abounding in sentimental expressions, +are rare in the Company's records, I recommend it +as a curiosity to your Lordships' reading, as well as a +proof of what is the great spring and movement of +all the prisoner's actions. On this occasion he thus +speaks of Munny Begum.</p> + +<div class="blockquote"><p>"She, too, became the victim of your policy, +and of the resentments which succeeded. Something, +too, she owed of the source of her misfortun<span class='pagenum'><a name="Page_267" id="Page_267">{267}</a></span>es +to the belief of the personal gratitude which she +might entertain for the public attention which I had +shown to her. Yet, exposed as she was to a treatment +which a ruffian would have shuddered at committing, +and which no recollection of past enmities +shall compel me to believe, even for a moment, proceeded +from any commission of authority, she still +maintained the decorum of her character; nor even +then, nor before, nor since that period, has the malice +of calumny ever dared to breathe on her reputation."—Delicate! +sentimental!—"Pardon, honorable Sirs, +this freedom of expostulation. I must in honest truth +repeat, that your commands laid the first foundation +of her misfortunes; to your equity she has now recourse +through me for their alleviation, that she may +pass the remainder of her life in a state which may +at least efface the remembrance of the years of her +affliction; and to your humanity she and an unseen +multitude of the most helpless of her sex cry for subsistence."</p></div> + +<p>Moving and pathetic!—I wish to recommend +every word of this letter to your Lordships' consideration, +as a model and pattern of perfection. Observe +his pity for a woman who had suffered such +treatment from the servants of the Company (a parcel +of ruffians!)—treatment that a ruffian would be +ashamed of! Your Lordships have seen, in the evidence, +what this ruffianism was. It was neither +more nor less than what was necessary in order to +get at the accounts, which she concealed, as his own +corrupt transactions. She was told, indeed, that she +must privately remove to another house whilst her +papers were examining. Mr. Hastings can never<span class='pagenum'><a name="Page_268" id="Page_268">{268}</a></span> +forget this. He cannot believe that anybody dare +send such an order; and he calls upon you to consider +the helplessness of their sex, and the affronts offered +to women.</p> + +<p>For Heaven's sake, my Lords, recollect the manner +in which Mr. Hastings and his creatures treated the +Begums of Oude, and consider that this woman was +only threatened (for the threat was never attempted +to be executed) that she must, if she did not deliver +up the accounts, probably be removed to another +house, and leave the accounts behind her. This blot +can never be effaced; and for this he desires the +Court of Directors to make her a large allowance to +comfort her in her old age. In this situation Mr. +Hastings leaves her. He leaves in the situation I +have described the justice of the country. The only +concern he has at parting is, that this woman may +have a large allowance.</p> + +<p>But I have yet to tell your Lordships, and it appears +upon your printed Minutes, that this woman +had a way of comforting herself:—for old ladies of +that description, who have passed their youth in +amusements, in dancing, and in gallantries, in their +old age are apt to take comfort in brandy. This +lady was a smuggler, and had influence enough to +avoid payment of the duty on spirits, in which article +she is the largest dealer in the district,—as, indeed, +she is in almost every species of trade. Thus +your Lordships see that this sentimental lady, whom +Mr. Hastings recommends to the Directors, had ways +of comforting herself. She carried on, notwithstanding +her dignity, a trade in spirits. Now a Mahometan +of distinction never carries on any trade at all,—it +is an unknown thing,—very few Mahometans of<span class='pagenum'><a name="Page_269" id="Page_269">{269}</a></span> +any rank carry on any trade at all; but that a Mahometan +should carry on a trade in spirits is a prodigy +never heard of before; for a woman of quality, +for a woman of sentiment, to become a dealer in +spirits is, my Lords, a thing reserved for the sentimental +age of Mr. Hastings; and I will venture to +say that no man or woman could attempt any such a +trade in India, without being dishonored, ruined in +character, and disgraced by it. But she appears not +only to have been a dealer in it, but, through the influence +which Mr. Hastings gave her, to have monopolized +the trade in brandy, and to have evaded the +duties. This, then, is the state in which we leave the +two sentimental lovers,—the one consoling herself +with brandy, the other wheedling and whining; and, +as Swift describes the progress of an intrigue in some +respects similar, which he calls "The Progress of +Love," whereas this is the Progress of Sentiment,</p> + +<div class="poem"><div class="stanza"> +<span class="i0">"They keep at Staines the Old Blue Boar,<br /></span> +<span class="i05">Are cat and dog, and rogue and whore."<br /></span> +</div></div> + +<p class="noindent">Here they set up the sign of the Old Blue Boar. +Munny Begum monopolizes the trade in spirits; and +hence she and Mr. Hastings commence their sentimental +correspondence.—And now, having done with +this progress of love, we return to the progress of +justice.</p> + +<hr style='width: 45%;' /> + +<p>We have seen how Sudder ul Huk Khân, the chief-justice +of Mr. Hastings's own nomination, was treated. +Now you shall see how justice was left to shift +for herself under Mahomed Reza Khân. In page +1280 of your Lordships' Minutes you will see the +progress of all these enormities,—of Munny Begum's +dealing in spirits, of her engrossing the trad<span class='pagenum'><a name="Page_270" id="Page_270">{270}</a></span>e, +of her evading duties,—and, lastly, the extinction of +all order in that country, and the funeral of justice +itself. Mr. Shore's evidence respecting this state +of the country will admit of no doubt.</p> + + +<div class="blockquote"><p class="center"><i>Mr. Shore's Remarks accompanying the Governor-General's +Minutes of the 18th May, 1785.</i></p> + +<p>"Foujdarry jurisdiction.—Of the foujdarry jurisdiction +nothing has yet been said. In this department +criminal justice is administered, and it is the only +office left to the Nabob. I do not see any particular +reason for changing the system itself, and perhaps +it would on many accounts be improper; but some +regulations are highly necessary. Mahomed Reza is +at the head of this department, and is the only person +I know in the country qualified for it. If he +were left to himself, I have not a doubt but he would +conduct it well; but he is so circumscribed by recommendations +of particular persons, and by the protection +held out to his officers by Europeans, that to +my knowledge he has not been able to punish them, +even when they have been convicted of the greatest +enormities; and he has often on this account been +blamed, where his hands were tied up."</p></div> + +<p>My Lords, you now see in this minute of Sir John +Shore, now Governor-General of Bengal, one of Mr. +Hastings's own committee for drawing up his defence, +the review which he had just then taken of the ruins +of the government which had been left to him by Mr. +Hastings. You see here not the little paltry things +which might deserve in their causes the animadversion +of a rough satirist like Doctor Swift, whom I +have just quoted, but you see things ten thou<span class='pagenum'><a name="Page_271" id="Page_271">{271}</a></span>sand +times more serious, things that deserve the thunderbolt +of vindictive justice upon the head of the prisoner +at your bar. For you see, that, after he had +ostensibly restored Mahomed Reza Khân, the man +who could and would have executed his office with +fidelity and effect, the man who was fit for and disposed +to do his duty, there was still neither law, +order, nor justice in the country. Why? Because +of the interposition of Europeans, and men who must +have been patronized and supported by Europeans. +All this happened before Mr. Hastings's departure: +so that the whole effect of the new arrangement of +government was known to him before he left Calcutta. +The same pretended remedy was applied. But +in fact he left this woman in the full possession of +her power. His last thoughts were for her; for the +justice of the country, for the peace and security of +the people of Bengal, he took no kind of care; these +great interests were left to the mercy of the woman +and her European associates.</p> + +<p>My Lords, I have taken some pains in giving you +this history. I have shown you his open acts and +secret stratagems, in direct rebellion to the Court of +Directors,—his double government, his false pretences +of restoring the Nabob's independence, leading +in effect to a most servile dependence, even to the +prohibition of the approach of any one, native or +European, near him, but through the intervention +of Sir John D'Oyly. I therefore again repeat it, +that Sir John D'Oyly, and the English gentlemen +who were patronized and countenanced by Mr. Hastings, +had wrought all that havoc in the country before +Mr. Hastings left it.</p> +<p><span class='pagenum'><a name="Page_272" id="Page_272">{272}</a></span></p> +<p>I have particularly dwelt upon the administration +of justice, because I consider it as the source of all +good, and the maladministration of it as the source +of all evil in the country. Your Lordships have +heard how it was totally destroyed by Mr. Hastings +through Sir John D'Oyly, who was sent there by +him for the purpose of forming a clandestine government +of corruption and peculation. This part of our +charge speaks for itself, and I shall dismiss it with a +single observation,—that not the least trace of an +account of all these vast sums of money delivered +into the hands of Sir John D'Oyly for the use of +the Nabob appears in any part of the Company's +records. The undeniable inferences to be drawn +from this fact are, first, that, wherever we find concealment +of money, and the ceasing of an account, +there has been fraud,—and, secondly, that, if we +find this concealment accompanied with the devastation +of a country, and the extinction of justice in it, +that devastation of the country and that extinction +of justice have been the result of that fraudulent +peculation.</p> + +<p>I am sure your Lordships will not think that a +charge of the annihilation of administrative justice, +in which the happiness and prosperity of a great +body of nobility, of numerous ancient and respectable +families, and of the inhabitants in general of +extensive and populous provinces are concerned, can, +if it stood single and alone, be a matter of trifling +moment. And in favor of whom do all these sacrifices +appear to have been made? In favor of an old +prostitute, who, if shown to your Lordships here, +like Helen to the counsellors of Troy, would not, I +think, be admitted to have charms that could palliate +this man's abominable conduct; you would not cry<span class='pagenum'><a name="Page_273" id="Page_273">{273}</a></span> +out with them,—</p> + +<div class="poem"><div class="stanza"> +<span class="i0" title="[Greek: Ou nemesis], ...">Οὐ νέμεσις, ...<br /></span> +<span class="i0" title="[Greek: Toiêd' amphi gunaiki polun chronon algea paschein].">Τοιῇδ' ἀμφὶ γυναικὶ πολὺν χρόνον ἂλγεα πάσχειν.<br /></span> +</div></div> + +<p class="noindent">For I will fairly say that there are some passions +that have their excuses; but the passion towards +this woman was the passion of avarice and rapacity +only,—a passion, indeed, which lasted to the end +of his government, and for which he defied the orders +of the Court of Directors, rebelled against his +masters, and finally subverted the justice of a great +country.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, I have done with this business. I come +next to the third division of the natives, those who +form the landed interest of the country. A few +words only will be necessary upon this part of the +subject. The fact is, that Mr. Hastings, at one +stroke, put up the property of all the nobility and +gentry, and of all the freeholders, in short, the whole +landed interest of Bengal, to a public auction, and +let it to the highest bidder. I will make no observations +upon the nature of this measure to your Lordships, +who represent so large a part of the dignity, +together with so large a part of the landed interest +of this kingdom: though I think, that, even under +your Lordships' restrictive order, I am entitled so to +do; because we have examined some witnesses upon +this point, in the revenue charge. Suffice it to say, +that it is in evidence before your Lordships that this +sale was ordered. Mr. Hastings does not deny it. +He says, indeed, he did it not with an ill intention. +My answer is, that it could have been done with no +other than a bad intention. The owners of the land +had no way left to save themselves but to become<span class='pagenum'><a name="Page_274" id="Page_274">{274}</a></span> +farmers of their own estates; and from the competition +which naturally took place, (and he himself +declared, that the persons, whether owners or strangers, +to whom he let the lands, had agreed to rents +which surpassed their abilities to pay,) I need not +tell you what must have been the consequence, when +it got into such rapacious hands, and was taken out +of the hands of its natural proprietors: that the +public revenue had sunk and lost by it, and that the +country was wasted and destroyed. I leave it to +your Lordships' own meditation and reflection; and +I shall not press it one step further than just to +remind you of what has been so well opened and +pressed by my fellow Managers. He, Mr. Hastings, +confesses that he let the lands to his own banians; +he took his own domestic servants and put them in +the houses of the nobility of the country; and this +he did in direct violation of an express order made +by himself, that no banian of a collector (the spirit +of which order implied ten thousand times more +strongly the exclusion of any banians of a Governor-General) +should have any one of those farms. We +also find that he made a regulation that no farmers +should rent more than a lac of rupees; but at the +same time we find his banians holding several farms +to more than that amount. In short, we find that +in every instance, where, under some plausible pretence +or other, the fixed regulations are violated, it +touches him so closely as to make it absolutely impossible +not to suppose that he himself had the advantage +of it.</p> + +<p>For, in the first place, you have proof that he does +take bribes, and that he has corrupt dealings. This +is what he admits; but he says that he has done it<span class='pagenum'><a name="Page_275" id="Page_275">{275}</a></span> +from public-spirited motives. Now there is a rule, +formed upon a just, solid presumption of law, that, +if you find a man guilty of one offence contrary to +known law, whenever there is a suspicious case +against him of the same nature, the <i>onus probandi</i> +that he is not guilty is turned upon him. Therefore, +when I find the regulations broken,—when +I find farms given of more than a lac of rupees,—when +I find them given to the Governor-General's +own banian, contrary to the principle of the regulation, +contrary, I say, in the strongest way to it,—when +I find that he accumulates farms beyond the +regulated number,—when I find all these things +done, and besides that the banian has great balances +of account against him,—then, by the presumption +of law, I am bound to believe that all this was done, +not for the servants, but for the master.</p> + +<p>It is possible Mr. Hastings might really be in love +with Munny Begum; be it so,—many great men +have played the fool for prostitutes, from Mark Antony's +days downwards; but no man ever fell in love +with his own banian. The persons for whom Mr. +Hastings was guilty of all this rapine and oppression +have neither relations nor kindred whom they own, +nor does any trace of friendship exist among them; +they do not live in habits of intimacy with any one; +they are good fellows and bottle-companions.</p> + +<hr style='width: 45%;' /> + +<p>I must now proceed to observe upon another +matter which has been stated to your Lordships,—namely, +that, as soon as he obtained the majority +in the Council, (that beginning of all evils, that +opening of Pandora's box,) by the death of General +Clavering and Colonel Monson, the first thing he<span class='pagenum'><a name="Page_276" id="Page_276">{276}</a></span> +did was to appoint a commission, called an <i>aumeeny</i>, +to go through the whole country, to enter every +man's house, to examine his title-deeds, and to demand +his papers of accounts of every kind, for the +purpose of enabling himself to take advantage of +the hopes and fears of all the parties concerned, and +thus to ravage and destroy all their property.</p> + +<p>And whom does he place at the head of this commission, +to be the manager of the whole affair? +Gunga Govind Sing, another banian of his, and one +of his own domestic servants. This we have discovered +lately, and not without some surprise; for +though I knew he kept a rogue in his house, yet +I did not think that it was a common receptacle of +thieves and robbers. I did not know till lately that +this Gunga Govind Sing was his domestic servant; +but Mr. Hastings, in a letter to the Court of Directors, +calls him his faithful domestic servant, and +as such calls upon the Company to reward him. To +this banian all the Company's servants are made +subject; they are bound to obey all his orders, and +those of his committee. I hope I need not tell your +Lordships what sort of stuff this committee was made +of, by which Gunga Govind Sing was enabled to ravage +the whole country.</p> + +<p>But, say his counsel, Mr. Hastings thought that the +value of the lands was thoroughly known; they had +been investigated three times over, and they were all +let by public auction to the highest bidder.—This may +or may not be a true test of their value; but it is a +test which, as it led to the almost entire confiscation +of the landed interest of Bengal, Bahar, and Orissa, +three great kingdoms, by a dash of that man's pen, +into the hands of his banians and creatures, I can<span class='pagenum'><a name="Page_277" id="Page_277">{277}</a></span> +never think of it, or of its author, without horror.</p> + +<p>Some people say, you ought to hate the crime and +love the criminal. No, that is the language of false +morality; you ought to hate the crime and the criminal, +if the crime is of magnitude. If the crime is a +small one, then you ought to be angry with the crime +and reluctant to punish the criminal; but when there +are great crimes, then you may hate them together. +What! am I to love Nero? to fall in love with Heliogabalus? +is Domitian to be the subject of my affection? +No, we hate the crime, and we hate the criminal +ten times more; and if I use indignant language, +if I use the language of scorn and horror with respect +to the criminal, I use the language that becomes me.</p> + +<p>But, says one of the counsel, the Company might +possess a knowledge of the country in general, but +they could not know every <i>bega</i>, of it, (about the +third part of an acre of land,) without such a commission. +That is to say, you could not squeeze everything +out of the people, without ordering such a villain +as Gunga Govind Sing, (I call things, by their +names,) that most atrocious and wicked instrument +of the most atrocious and wicked tyranny, to examine +every man's papers, to oblige every man to produce +his titles and accounts upon pain of criminal +punishment, to be inflicted at the discretion of this +commissioner, this Gunga Govind Sing. For an account +of these acts, and for a description of an aumeeny, +I refer your Lordships to the evidence in +your Minutes, from page 1287 to 1301; and I pass +on, expressing only my horror and detestation at it, +and wishing to kindle in your Lordships' minds the +same horror and detestation of it.</p> +<p><span class='pagenum'><a name="Page_278" id="Page_278">{278}</a></span></p> +<p>Thus you see that Mr. Hastings was not satisfied +with confiscation only. He comes just afterwards +with a blister upon the sore. He lets loose another +set of ravagers and inquisitors upon them, under +Gunga Govind Sing, and these poor people are ravaged +by the whole tribe of Calcutta banians.</p> + +<p>Mr. Hastings has himself defined an aumeen in +page 1022, where he states that Nundcomar desired +him to make his son an aumeen. "The promise +which he [Nundcomar] says I made him, that he +should be constituted aumeen, that is, inquisitor-general +over the whole country, and that I would delegate +to him my whole power and influence, is something +more than a negative falsehood." He justly +and naturally reprobates the proposition of appointing +an inquisitor-general over the whole country; +and yet we see him afterwards appointing Gunga +Govind Sing such an inquisitor-general over the +whole country, in order that a bega of land should +not escape him.</p> + +<p>Let us see how all this ended, and what it is that +leads me directly to the presumption of corruption +against him in this wicked <i>aumeeny</i> scheme. Now I +will admit the whole scheme to have been well intended, +I will forgive the letting all the lands of Bengal +by public auction, I will forgive all he has done +with regard to his banians, I shall forgive him even +this commission itself, if he will show your Lordships +that there was the smallest use made of it with regard +to the settlement of the revenues of the Company. +If there was not, then there is obviously one +use only that could be made of it, namely, to put all +the people of the whole country under obedience to +Gunga Govind Sing. What, then, was done? Titles +and accounts were exacted; the estimate was mad<span class='pagenum'><a name="Page_279" id="Page_279">{279}</a></span>e, +acre by acre; but we have not been able to find one +word on their records of any return that was made +to the Company of this investigation, or of any settlement +or assessment of the country founded upon it, +or of any regulation that was established upon it. +Therefore, as an honest man, and as a man who is +standing here for the Commons of Great Britain, I +must not give way to any idle doubts and ridiculous +suppositions. I cannot, I say, entertain any doubts +that the only purpose it was designed to answer was +to subject the whole landed interest of the country to +the cruel inquisition of Gunga Govind Sing, and to +the cruel purposes of Mr. Hastings. Show me another +purpose and I will give up the argument: for +if there are two ways of accounting for the same +act, it is possible it may be attributed to the better +motive; but when we see that a bad thing was done +under pretence of some good, we must attach a bad +motive to it, if the pretence be never fulfilled.</p> + +<hr style='width: 45%;' /> + +<p>I have now done with the landed interest of Bengal. +I have omitted much which might have been +pressed upon your Lordships, not from any indisposition +to remark upon the matter more fully, but because +it has been done already by abler persons; I +only wished to make some practical inferences, which, +perhaps, in the hurry of my brother Managers, might +possibly have escaped them; I wished to show you that +one system of known or justly presumed corruption +pervades the whole of this business, from one end to +the other. Having thus disposed of the native landed +interest, and the native zemindars or landholders +of the country, I pass to the English government.</p> +<p><span class='pagenum'><a name="Page_280" id="Page_280">{280}</a></span></p> +<p>My Lords, when we have shown plainly the utter +extinction of the native Mahometan government, +when we have shown the extinction of the native +landed interest, what hope can there be for that afflicted +country but in the servants of the Company? +When we have shown the corrupt state of that service, +what hope but from the Court of Directors, +what hope but in the superintending control of British +tribunals? I think as well of the body of my +countrymen as any man can do. I do not think that +any man sent out to India is sent with an ill purpose, +or goes out with bad dispositions. No: I think the +young men who go there are fair and faithful representatives +of the people of the same age,—uncorrupted, +but corruptible from their age, as we all +are. They are sent there young. There is but one +thing held out to them,—"You are going to make +your fortune." The Company's service is to be the +restoration of decayed noble families; it is to be +the renovation of old, and the making of new ones. +Now, when such a set of young men are sent out +with these hopes and views, and with little education, +or a very imperfect one,—when these people, from +whatever rank of life selected, many from the best, +most from the middling, very few from the lowest, +but, high, middling, or low, they are sent out to +make two things coincide which the wit of man was +never able to unite, to make their fortune and form +their education at once. What is the education +of the generality of the world? Reading a parcel +of books? No. Restraint of discipline, emulation, +examples of virtues and of justice, form the +education of the world. If the Company's servants +have not that education, and are left to give loose +to their natural passions, some would be corrupt of<span class='pagenum'><a name="Page_281" id="Page_281">{281}</a></span> +course, and some would be uncorrupt; but probably +the majority of them would be inclined to pursue +moderate courses between these two. Now I am to +show you that Mr. Hastings left these servants but this +alternative: "Be starved, be depressed, be ruined, disappoint +the hopes of your families, or be my slaves, +be ready to be subservient to me in every iniquity I +shall order you to commit, and to conceal everything +I shall wish you to conceal." This was the state of +the service. Therefore the Commons did well and +wisely, when they sent us here, not to attack this or +that servant who may have peculated, but to punish +the man who was sent to reform abuses, and to make +Bengal furnish to the world a brilliant example of +British justice.</p> + +<p>I shall now proceed to state briefly the abuses of +the Company's government,—to show you what Mr. +Hastings was expected to do for their reformation, +and what he actually did do; I shall then show +your Lordships the effects of the whole.</p> + +<p>I shall begin by reading to your Lordships an +extract from the Directors' letter to Bengal, of the +10th April, 1773.</p> + +<div class="blockquote"><p>"We wish we could refute the observation, that almost +every attempt made by us and our administrations +at your Presidency for the reforming of abuses +has rather increased them, and added to the miseries +of the country we are so anxious to protect and cherish. +The truth of this observation appears fully in the +late appointment of supervisors and chiefs. Instituted +as they were, to give relief to the industrious tenants, +to improve and enlarge our investments, to destroy +monopolies and retrench expenses, the end has<span class='pagenum'><a name="Page_282" id="Page_282">{282}</a></span> by +no means been answerable to the institution. Are not +the tenants more than ever oppressed and wretched? +Are our investments improved? Have not the raw +silk and cocoons been raised upon us fifty per cent in +price? We can hardly say what has not been made +a monopoly. And as to the expenses of your Presidency, +they are at length swelled to a degree we are +no longer able to support. These facts (for such +they are) should have been stated to us as capital +reasons why neither our orders of 1771, nor indeed +any regulations whatever, could be carried into execution. +But, perhaps, as this would have proved +too much, it was not suggested to us; for nothing +could more plainly indicate a state of anarchy, and +that there was no government existing in our servants +in Bengal."</p> + +<p>"And therefore, 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 +that our investments are at once enormously dear and +of a debased quality.</p> + +<p>"It is evident 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 these 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<span class='pagenum'><a name="Page_283" id="Page_283">{283}</a></span>.</p> + +<p>"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 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.</p> + +<p>"Your settlement being thus put into a train of +reform, (without which, indeed, all regulations will +prove ineffectual,) you are next to revert to the old +system, when the business of your Presidency was +principally performed by our own servants, who then +had knowledge of our investments, and every other +department of our concerns: you will therefore fill +the several offices with the factors and writers upon +your establishment, (for, with our present appointments, +we are assured there will be sufficient for this +purpose,) and thus you will banish idleness, and its +attendants, extravagance and dissipation. And here +we enjoin you to transmit to us a faithful and min<span class='pagenum'><a name="Page_284" id="Page_284">{284}</a></span>ute +state of the pay and every known emolument of all +below Council: for, as it is notorious that even youths +in our service expend in equipage, servants, dress, and +living infinitely more than our stated allowances can +afford, we cannot but be anxious to discover the +means by which they are enabled to proceed in this +manner; and, indeed, so obnoxious is this conduct +to us, and so injurious in its consequences, that we +expect and require you to show your displeasure to +all such as shall transgress in this respect, contrasting +it at the same time with instances of kindness towards +the sober, frugal, and industrious."</p></div> + +<p>My Lords, you see the state in which the Directors +conceived the country to be. That it was in this +state is not denied by Mr. Hastings, who was sent +out for the purpose of reforming it. The Directors +had swept away almost the whole body of their Bengal +servants for supposed corruption; and they appointed +a set of new ones, to regenerate, as it were, +the government of that country.</p> + +<p>Mr. Hastings says, "I was brought to India like +other people." This, indeed, is true; and I hope it +will prove an example and instruction to all mankind +never to employ a man who has been bred in base and +corrupt practices, from any hope that his local knowledge +may make him the fittest person to correct such +practices. Mr. Hastings goes on to say, that you +could not expect more from him than could be done +by a man bred up, as he was, in the common habits of +the country. This is also true. My Lords, you might +as well expect a man to be fit for a perfumer's shop, +who has lain a month in a pig's stye, as to expect +that a man who has been a contractor with the<span class='pagenum'><a name="Page_285" id="Page_285">{285}</a></span> +Company for a length of time is a fit person for reforming +abuses. Mr. Hastings has stated in general +his history, his merits, and his services. We have +looked over with care the records relative to his +proceedings, and we find that in 1760 and 1761 he +was in possession of a contract for bullocks and a +contract for provisions. It is no way wrong for +any man to take a contract, provided he does not do +what Mr. Hastings has condemned in his regulations,—become +a contractor with his masters. But though +I do not bear upon Mr. Hastings for having spent his +time in being a bullock-contractor, yet I say that he +ought to have laid aside all the habits of a bullock-contractor +when he was made a great minister for +the reformation of a great service full of abuses. I +will show your Lordships that he never did so; that, +on the contrary, being bred in those bad habits, and +having had the education that I speak of, he persevered +in the habits which had been formed in him +to the very last.</p> + +<p>I understand it has been imputed as a sort of a +crime in me, that I stated something of the obscurity +of Mr. Hastings's birth. The imputation has no +foundation. Can it be believed that any man could +be so absurd as to attack a man's birth, when he is +accusing his actions? No, I have always spoken of +the low, sordid, and mercenary habits in which he +was bred; I said nothing of his birth. But, my +Lords, I was a good deal surprised when a friend of +his and mine yesterday morning put into my hands, +who had been attacking Mr. Hastings's life and conduct, +a pedigree. I was appealing to the records of +the Company; they answer by sending me to the +Herald's Office. Many of your Lordships' pedi<span class='pagenum'><a name="Page_286" id="Page_286">{286}</a></span>grees +are obscure in comparison with that of Mr. Hastings; +and I only wonder how he came to derogate from +such a line of nobles by becoming a contractor for +bullocks.</p> + +<p>A man may be an honest bullock-contractor, (God +forbid that many of them in this country should not +be very honest!) but I find his terms were nearly +four times as high as those which the House of Commons +had condemned as exorbitant. They were not +only unusually high, but the bullocks were badly +supplied, and the contract had not been fairly advertised. +It was therefore agreed to declare the same +void at the expiration of twelve months, on the 1st +December, 1763. I say again, that I do not condemn +him for being a bullock-contractor; but I am suspicious +of his honesty, because he has been nursed in +bad and vicious habits. That of contracting with his +masters is a bad habit, as he himself has stated in a +record which is printed by the House of Commons. +I condemn him for being a fraudulent bullock-contractor: +for he was turned out of that contract for +fraudulent practices; it was declared void, and given +to another at a lower price. After it was so disposed +of, Mr. Hastings himself, condemning his own original +contract, which was at twelve rupees for a certain +species of bullocks, took the contract again at seven; +and on these terms it continued. What I therefore +contend for is this, that he carried with him the +spirit of a fraudulent bullock-contractor through the +whole of the Company's service, in its greatest and +most important parts.</p> + +<p>My Lords, the wading through all these corruptions +is an unpleasant employment for me; but what +am I to think of a man who holds up his head<span class='pagenum'><a name="Page_287" id="Page_287">{287}</a></span> so +high, that, when a matter of account is in discussion, +such as appears in this very defence that I have in +my hand, he declares he does not know anything +about it? He cannot keep accounts: that is beneath +him. We trace him throughout the whole of his +career engaged in a great variety of mercantile employments; +and yet, when he comes before you, you +would imagine that he had been bred in the study +of the sublimest sciences, and had no concern in +anything else,—that he had been engaged in writing +a poem, an Iliad, or some work that might revive +fallen literature. There is but one exception to his +abhorrence of accounts: he always contrives to make +up a good account for himself.</p> + +<p>My Lords, we have read to you a letter in which +the Court of Directors have described the disorders +of their service, the utter ruin of it, the corruption +that prevailed in it, and the destruction of the country +by it. When we are said to exaggerate, we use +no stronger words than they do. We cannot mince +the matter; your Lordships should not mince it; no +little paltry delicacies should hinder you, when there +is a country expiring under all these things, from +calling the authors to a strict account. The Court +of Directors sent him that statement; they recommended +to him a radical reformation. What does +he do? We will read his letter of 1773, in which +you will find seeds sown for the propagation of all +those future abuses which terminated in the utter +and irremediable destruction of the whole service. +After he has praised the Directors for the trust that +they had placed in him, after expressing his highest +gratitude, and so on, he says,—</p> +<p><span class='pagenum'><a name="Page_288" id="Page_288">{288}</a></span></p> +<div class="blockquote"><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 strongest promises +of prosecuting the inquiries into the conduct of your +servants, which you have 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<span class='pagenum'><a name="Page_289" id="Page_289">{289}</a></span> +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 interest, to endless researches, +which can produce no real good, and may +expose your affairs to all the ruinous consequences +of personal malevolence, both here and at home."</p></div> + +<p>My Lords, you see here, that, after admitting that +he has promised to the Court of Directors to do what +they ordered him to do, (and he had promised to +make a radical reform in their whole service, and to +cure those abuses which they have stated,) he declares +that he will not execute them; he pleads a +variety of other occupations; but as to that great +fundamental grievance he was appointed to eradicate, +he declares he will not even attempt it. "Why did +you promise?"—it naturally occurs to ask him that +question. "Why," says he, "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 known my inability to perform +them." This is a kind of argument that belongs to +Mr. Hastings exclusively. Most other people would +say, "You may judge of the sincerity of my promises +by my zeal in the performance"; but he says, "You +may judge of the sincerity of my promises, because I +would not promise, if I had not thought I should be +able to perform." It runs in this ridiculous circle: +"I promised to obey the Court of Directors; therefore +I knew that I could obey them: but I could +not obey them; therefore I was absolved from my +promise, and did not attempt to obey them." In<span class='pagenum'><a name="Page_290" id="Page_290">{290}</a></span> +fact, there is not so much as one grievance or abuse +in the country, that he reformed. And this was systematical +in Mr. Hastings's conduct,—that he was +resolved to connive at the whole of the iniquities of +the service, because he was resolved that every one +of those existing iniquities should be practised by +himself. "But," says he, "the reformation required +can produce no real good, and may expose your +affairs to all the ruinous consequences of personal +malevolence, both here and at home." This he +gives you as a reason why he will not prosecute the +inquiry into abuses abroad,—because he is afraid +that you should punish him at home for doing his +duty abroad,—that it will expose him to malevolence +at home; and therefore, to avoid being subject +to malevolence at home, he would not do his duty +abroad.</p> + +<p>He follows this with something that is perfectly +extraordinary: he desires, instead of doing his duty, +which he declares it is impossible to do, that he may +be invested with an arbitrary power. I refer your +Lordships to pages 2827, 2828, and 2829 of the printed +Minutes, where you will find the system of his +government to be formed upon a resolution not to +use any one legal means of punishing corruption, or +for the prevention of corruption; all that he desires +is, to have an absolute arbitrary power over the servants +of the Company. There you will see that arbitrary +power for corrupt purposes over the servants of +the Company is the foundation of every part of his +whole conduct. Remark what he says here, and then +judge whether these inferences are to be eluded by +any chicane.</p> +<p><span class='pagenum'><a name="Page_291" id="Page_291">{291}</a></span></p> +<div class="blockquote"><p>"In the charge of oppression, although 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 consequences +will restrain every man within the bounds of his +duty, if he knows himself liable to suffer by the +effects of a single control."</p></div> + +<p>My Lords, you see two things most material for +you to consider in the judgment of this great cause, +which is the cause of nations. The first thing for +you to consider is the declaration of the culprit +at your bar, that a person may be pursued by the +cries of a whole people,—that documents the most +authentic and satisfactory, but deficient in technical +form, may be produced against him,—in short, that +he may be guilty of the most enormous crimes,—and +yet that legal proofs may be wanting. This +shows you how seriously you ought to consider, before +you reject any proof upon the idea that it is +not technical legal proof. To this assertion of Mr. +Hastings I oppose, however, the opinion of a gentleman +who sits near his side, Mr. Sumner, which +is much more probable.</p> + +<p>Mr. Hastings says, that the power of the Council is +not effectual against the inferior servants, that [it?] +is too weak to coerce them. With much more truth +Mr. Sumner has said, in his minute, you might easily +coerce the inferior servants, but that the dread of +falling upon persons in high stations discourages and +puts an end to complaint. I quote the recorded author<span class='pagenum'><a name="Page_292" id="Page_292">{292}</a></span>ity +of the gentleman near him, as being of great +weight in the affairs of the Company, to prove what +is infinitely more probable, the falsehood of Mr. +Hastings's assertion, that an inferior servant cannot +be coerced, and that they must riot with impunity +in the spoils of the people.</p> + +<p>But we will go to a much more serious part of +the business. After desiring arbitrary power in this +letter, he desires a perpetuation of it. And here +he has given you a description of a bad Governor, +to which I must call your attention, as your Lordships +will find it, in every part of his proceeding, +to be exactly applicable to himself and to his own +government.</p> + +<div class="blockquote"><p>"The first command of a state so extensive as +that of Bengal is not without opportunities of private +emoluments; and although the allowance which your +bounty has liberally provided for your servants may +be reasonably expected to fix the bounds of their +desires, yet you will find it extremely difficult to +restrain men from profiting by other means, who +look upon their appointment as the measure of a +day, and who, from the uncertainty of their condition, +see no room for any acquisition but of wealth, +since reputation and the consequences which follow +the successful conduct of great affairs are only to +be attained in a course of years. Under such circumstances, +however rigid your orders may be, or +however supported, I am afraid that in most instances +they will produce no other fruits than either +avowed disobedience or the worst extreme of falsehood +and hypocrisy. These are not the principles +which should rule the conduct of men whom y<span class='pagenum'><a name="Page_293" id="Page_293">{293}</a></span>ou +have constituted the guardians of your property, and +checks on the morals and fidelity of others. The +care of self-preservation will naturally suggest the +necessity of seizing the opportunity of present power, +when the duration of it is considered as limited +to the usual term of three years, and of applying +it to the provision of a future independency; therefore +every renewal of this term is liable to prove a +reiterated oppression. It is perhaps owing to the +causes which I have described, and a proof of their +existence, that this appointment has been for some +years past so eagerly solicited and so easily resigned. +There are yet other inconveniences attendant on this +habit, and perhaps an investigation of them all would +lead to endless discoveries. Every man whom your +choice has honored with so distinguished a trust seeks +to merit approbation and acquire an <i>éclat</i> by innovations, +for which the wild scene before him affords +ample and justifiable occasion."</p></div> + +<p>You see, my Lords, he has stated, that, if a Governor +is appointed to hold his office only for a short +time, the consequence would be either an avowed +disobedience, or, what is worse, extreme falsehood +and hypocrisy. Your Lordships know that this man +has held his office for a long time, and yet his disobedience +has been avowed, and his hypocrisy and +his falsehood have been discovered, and have been +proved to your Lordships in the course of this trial. +You see this man has declared what are the principles +which should rule the conduct of men whom +you have constituted the guardians of your property, +and checks upon the morals and fidelity of others. +Mr. Hastings tells you himself directly what his<span class='pagenum'><a name="Page_294" id="Page_294">{294}</a></span> +duty was; he tells you himself, and he pronounces +his own condemnation, what was expected from him, +namely, that he should give a great example himself, +and be a check and guardian of the fidelity of all +that are under him. He declares, at the end of +this letter, that a very short continuance in their +service would enable him to make a fortune up to +the height of his desire. He has since thought +proper to declare to you that he is a beggar and +undone, notwithstanding all his irregular resources +in that very service.</p> + +<p>I have read this letter to your Lordships, that you +may contrast it with the conduct of the prisoner, as +stated by us, and proved by the evidence we have +adduced. We have stated and proved that Mr. +Hastings did enter upon a systematic connivance at +the peculation of the Company's servants, that he +refused to institute any check whatever for the purpose +of preventing corruption, and that he carried +into execution no one measure of government agreeably +to the positive and solemn engagements into +which he had entered with the Directors. We therefore +charge him, not only with his own corruptions, +but with a systematic, premeditated corruption of the +whole service, from the time when he was appointed, +in the beginning of the year 1772, down to the year +1785, when he left it. He never attempted to detect +any one single abuse whatever; he never endeavored +once to put a stop to any corruption in any man, +black or white, in any way whatever. And thus he +has acted in a government of which he himself declares +the nature to be such that it is almost impossible +so to detect misconduct as to give legal evidence +of it, though a man should be declared by the cri<span class='pagenum'><a name="Page_295" id="Page_295">{295}</a></span>es +of the whole people to be guilty.</p> + +<p>My Lords, he desires an arbitrary power over the +Company's servants to be given to him. God forbid +arbitrary power should be given into the hands of any +man! At the same time, God forbid, if by power be +meant the ability to discover, to reach, to check, and +to punish subordinate corruption, that he should not +be enabled so to do, and to get at, to prosecute, and +punish delinquency by law! But honesty only, and +not arbitrary power, is necessary for that purpose. +We well know, indeed, that a government requiring +arbitrary power has been the situation in which this +man has attempted to place us.</p> + +<p>We know, also, my Lords, that there are cases in +which the act of the delinquent may be of consequence, +while the example of the criminal, from the +obscurity of his situation, is of little importance: in +other cases, the act of the delinquent may be of no +great importance, but the consequences of the example +dreadful. We know that crimes of great magnitude, +that acts of great tyranny, can but seldom be +exercised, and only by a few persons. They are privileged +crimes. They are the dreadful prerogatives of +greatness, and of the highest situations only. But +when a Governor-General descends into the muck +and filth of peculation and corruption, when he receives +bribes and extorts money, he does acts that are +imitable by everybody. There is not a single man, +black or white, from the highest to the lowest, that is +possessed in the smallest degree of momentary authority, +that cannot imitate the acts of such a Governor-General. +Consider, then, what the consequences +will be, when it is laid down as a principle of the +service, that no man is to be called to account acc<span class='pagenum'><a name="Page_296" id="Page_296">{296}</a></span>ording +to the existing laws, and that you must either +give, as he says, arbitrary power, or suffer your government +to be destroyed.</p> + +<p>We asked Mr. Anderson, whether the covenant of +every farmer of the revenue did not forbid him from +giving any presents to any persons, or taking any. +He answered, he did not exactly remember, (for the +memory of this gentleman is very indifferent, though +the matter was in his own particular province,) but +he thought it did; and he referred us to the record +of it. I cannot get at the record; and therefore you +must take it as it stands from Mr. Anderson, without +a reference to the record,—that the farmers were +forbidden to take or give any money to any person +whatever, beyond their engagements. Now, if a +Governor-General comes to that farmer, and says, +"You must give a certain sum beyond your engagements," +he lets him loose to prey upon the landholders +and cultivators; and thus a way is prepared for +the final desolation of the whole country, by the malversation +of the Governor, and by the consequent oppressive +conduct of the farmers.</p> + +<p>Mr. Hastings being now put over the whole country +to regulate it, let us see what he has done. He +says, "Let me have an arbitrary power, and I will +regulate it." He assumed arbitrary power, and +turned in and out every servant at his pleasure. +But did he by that arbitrary power correct any one +corruption? Indeed, how could he? He does not +say he did. For when a man gives ill examples in +himself, when he cannot set on foot an inquiry that +does not terminate in his own corruption, of course +he cannot institute any inquiry into the corruption +of the other servants.</p> +<p><span class='pagenum'><a name="Page_297" id="Page_297">{297}</a></span></p> +<p>But again, my Lords, the subordinate servant will +say, "I cannot rise" (properly here, as Mr. Hastings +has well observed) "to the height of greatness, +power, distinction, rank, or honor in the government; +but I can make my fortune, according to my degree, +my measure, and my place." His views will be then +directed so to make it. And when he sees that the +Governor-General is actuated by no other views,—when +he himself, as a farmer, is confidently assured +of the corruptions of his superior,—when he knows +it to be laid down as a principle by the Governor-General, +that no corruption is to be inquired into, and +that, if it be not expressly laid down, yet that his +conduct is such as to make it the same as if he had +actually so laid it down,—then, I say, every part of +the service is instantly and totally corrupted.</p> + +<hr style='width: 45%;' /> + +<p>I shall next refer your Lordships to the article +of contracts. Five contracts have been laid before +you, the extravagant and corrupt profits of which +have been proved to amount to 500,000<i>l.</i> We have +shown you, by the strongest presumptive evidence, +that these contracts were given for the purpose of +corrupting the Company's servants in India, and +of corrupting the Company itself in England. You +will recollect that 40,000<i>l.</i> was given in one morning +for a contract which the contractor was never to +execute: I speak of Mr. Sulivan's contract. You +will also recollect that he was the son of the principal +person in the Indian direction, and who, in +or out of office, was known to govern it, and to +be supported by the whole Indian interest of Mr. +Hastings. You have seen the corruption of Sir +Eyre Coote, in giving to Mr. Croftes the bullock +contract. You have seen the bullock contracts <span class='pagenum'><a name="Page_298" id="Page_298">{298}</a></span>stated +to Mr. Hastings's face, and not denied, to have been +made for concealing a number of corrupt interests. +You have seen Mr. Auriol's contract, given to the +secretary of the Company by Mr. Hastings in order +that he might have the whole records and registers +of the Company under his control. You have seen +that the contract and commission for the purchase +of stores and provisions, an enormous job, was given +to Mr. Belli, an obscure man, for whom Mr. Hastings +offers himself as security, under circumstances that +went to prove that Mr. Belli held this commission +for Mr. Hastings. These, my Lords, are things that +cannot be slurred over. The Governor-General is +corrupt; he corrupts all about him; he does it upon +system; he will make no inquiry.</p> + +<p>My Lords, I have stated the amount of the sums +which he has squandered away in these contracts; +but you will observe that we have brought forward +but five of them. Good God! when you consider +the magnitude and multiplicity of the Company's +dealings, judge you what must be the enormous +mass of that corruption of which he has been the +cause, and in the profits of which he has partaken. +When your Lordships shall have considered this +document, his defence, which I have read in part +to you, see whether you are not bound, when he +imputes to us and throws upon us the cause of all +his corruption, to throw back the charge by your +decision, and hurl it with indignation upon himself.</p> + +<p>But there is another shameless and most iniquitous +circumstance, which I have forgotten to mention, +respecting these contracts. He not only considered +them as means of present power, and therefo<span class='pagenum'><a name="Page_299" id="Page_299">{299}</a></span>re +protected his favorites without the least inquiry +into their conduct, and with flagrant suspicion of +a corrupt participation in their delinquency, but he +goes still farther: he declares, that, if he should be +removed from his government, he will give them a +lease in these exorbitant profits, for the purpose of +securing a corrupt party to support and bear him +out by their evidence, upon the event of any inquiry +into his conduct,—to give him a <i>razinama</i>, to give +him a flourishing character, whenever he should come +upon his trial. Hear what his principles are; hear +what the man himself avows.</p> + +<div class="blockquote"><p class="quotdate"> +"<i>Fort William, October 4, 1779.</i> +</p> + +<p>"In answer to Mr. Francis's insinuation, that it +is natural enough for the agent to wish to secure +himself before the expiration of the present government, +I avow the fact as to myself as well as the +agent. When I see a systematic opposition to every +measure proposed by me for the service of the public, +by which an individual may eventually benefit, +I cannot hesitate a moment to declare it to be my +firm belief, that, should the government of this country +be placed in the hands of the present minority, +they would seek the ruin of every man connected +with me; it is therefore only an act of common justice +in me to wish to secure them, as far as I legally +can, from the apprehension of future oppression."</p></div> + +<p>Here is the principle avowed. He takes for granted, +and he gives it the name of oppression, that the +person who should succeed him would take away +those unlawful and wicked emoluments, and give +them to some other. "But," says he, "I will pu<span class='pagenum'><a name="Page_300" id="Page_300">{300}</a></span>t +out of the Company's power the very means of redress."</p> + +<p>The document which I am now going to read to +your Lordships contains a declaration by Mr. Hastings +of another mean which he used of corrupting +the whole Company's service.</p> + + +<div class="blockquote"><p class="center"><i>Minute of the Governor-General.—Extract from that +Minute.</i></p> + +<p>"Called upon continually by persons of high rank +and station, both in national and in the Company's +councils, to protect and prefer their friends in the +army, and by the merits and services which have +come under my personal knowledge and observation, +I suffer both pain and humiliation at the want of +power to reward the meritorious, or to show a proper +attention to the wishes of my superiors, without having +recourse to means which must be considered as +incompatible with the dignity of my station. The +slender relief which I entreat of the board from this +state of mortification is the authority to augment the +number of my staff, which will enable me to show +a marked and particular attention in circumstances +such as above stated, and will be no considerable +burden to the Company."</p></div> + +<p>My Lords, you here see what he has been endeavoring +to effect, for the express purpose of enabling +him to secure himself a corrupt influence in England. +But there is another point much more material, +which brings the matter directly home to this court, +and puts it to you either to punish him or to declare +yourselves to be accomplices in the corruption of the +whole service. Hear what the man himself says.<span class='pagenum'><a name="Page_301" id="Page_301">{301}</a></span> +I am first to mention to your Lordships the occasion +upon which the passage which I shall read to you +was written. It was when he was making his enormous +and shameful establishment of a Revenue Board, +in the year 1781,—of which I shall say a few words +hereafter, as being a gross abuse in itself: he then +felt that the world would be so much shocked at the +enormous prodigality and corrupt profusion of what +he was doing, that he at last spoke out plainly.</p> + + +<div class="blockquote"><p class="center"><i>A Minute of Mr. Hastings, transmitted in a Letter by +Mr. Wheler.</i></p> + +<p>"In this, as it must be the case in every reformation, +the interest of individuals has been our principal, +if not our only impediment. We could not at +once deprive so large a body of our fellow-servants +of their bread, without feeling that reluctance which +humanity must dictate,—not unaccompanied, perhaps, +with some concern for the consequence which +our own credit might suffer by an act which involved +the fortunes of many, and extended its influence to +all their connections. This, added to the justice +which was due to your servants, who were removed +for no fault of theirs, but for the public convenience, +induced us to continue their allowances until other offices +could be provided for them, and the more cheerfully +to submit to the expediency of leaving others +in a temporary or partial charge of the internal collections. +In effect, the civil officers [offices?] of this +government might be reduced to a very scanty number, +were their exigency alone to determine the list +of your covenanted servants, which at this time consist +of no less a number than two hundred and fifty-two,—many +of them the sons of the first families in<span class='pagenum'><a name="Page_302" id="Page_302">{302}</a></span> +the kingdom of Great Britain, and every one aspiring +to the rapid acquisition of lacs, and to return to pass +the prime of their lives at home, as multitudes have +done before them. Neither will the revenues of this +country suffice for such boundless pretensions, nor +are they compatible with yours and the national +interests, which may eventually suffer as certain a +ruin from the effects of private competition and the +claims of patronage as from the more dreaded calamities +of war, or the other ordinary causes which lead +to the decline of dominion."</p></div> + +<p>My Lords, you have here his declaration, that patronage, +which he avows to be one of the principles +of his government, and to be the principle of the last +of his acts, is worse than war, pestilence, and famine,—and +that all these calamities together might not +be so effectual as this patronage in wasting and destroying +the country. And at what time does he tell +you this? He tells it you when he himself had just +wantonly destroyed an old regular establishment for +the purpose of creating a new one, in which he says +he was under the necessity of pensioning the members +of the old establishment from motives of mere +humanity. He here confesses himself to be the author +of the whole mischief. "I could," says he, +"have acted better; I might have avoided desolating +the country by peculation; but," says he, "I had +sons of the first families in the kingdom of Great +Britain, every one aspiring to the rapid acquisition of +lacs, and this would not suffer me to do my duty." +I hope your Lordships will stigmatize the falsehood +of this assertion. Consider, my Lords, what he has +said,—two hundred and fifty men at once, and in<span class='pagenum'><a name="Page_303" id="Page_303">{303}</a></span> +succession, aspiring to come home in the prime of +their youth with <i>lacs</i>. You cannot take <i>lacs</i> to be +less than two; we cannot make a plural less than +two. Two lacs make 20,000<i>l.</i> Then multiply that, +by 252, and you will find more than 2,500,000<i>l.</i> to +be provided for that set of gentlemen, and for the +claims of patronage. Undoubtedly such a patronage +is worse than the most dreadful calamities of war, +and all the other causes which lead to decline of +dominion.</p> + +<p>My Lords, I beseech you to consider this plan of +corrupting the Company's servants, beginning with +systematical corruption, and ending with an avowed +declaration that he will persist in this iniquitous +proceeding, and to the utmost of his power entail +it upon the Company, for the purpose of securing +his accomplices against all the consequences of any +change in the Company's government. "I dare not," +says he, "be honest: if I make their fortunes, you +will judge favorably of me; if I do not make their +fortunes, I shall find myself crushed with a load of +reproach and obloquy, from which I cannot escape in +any other way than by bribing the House of Peers." +What a shameful avowal this to be made in the face +of the world! Your Lordships' judgment upon this +great cause will obliterate it from the memory of +man.</p> + +<p>But his apprehension of some change in the Company's +government is not his only pretext for some +of these corrupt proceedings; he adverts also to the +opposition which he had to encounter with his colleagues, +as another circumstance which drove him +to adopt others of these scandalous expediences. +Now there was a period when he had no longer to<span class='pagenum'><a name="Page_304" id="Page_304">{304}</a></span> +contend with, or to fear, that opposition.</p> + +<p>When he had got rid of the majority in the Council, +which thwarted him, what did he do? Did he +himself correct any of the evils and disorders which +had prevailed in the service, and which his hostile +majority had purposed to reform? No, not one,—notwithstanding +the Court of Directors had supported +the majority in all their declarations, and had accused +him of corruption and rebellion in every part +of his opposition to them. Now that he was free +from the yoke of all the mischief of that cursed majority +which he deprecates, and which I have heard +certain persons consider as a great calamity, (a calamity +indeed it was to patronage,)—as soon, I +say, as he was free from this, you would imagine +he had undertaken some great and capital reformation; +for all the power which the Company could +give was in his hands,—total, absolute, and unconfined.</p> + +<p>I must here remind your Lordships, that the +Provincial Councils was an establishment made by +Mr. Hastings. So confident was he in his own +opinion of the expediency of them, that he transmitted +to the Court of Directors a draught of an act of +Parliament to confirm them. By this act it was his +intention to place them beyond the possibility of mutation. +Whatever opinion others might entertain +of their weakness, inefficacy, or other defects, Mr. +Hastings found no such things in them. He had declared +in the beginning that he considered them as +a sort of experiment, but that in the progress he found +them answer so perfectly well that he proposed even +an act of Parliament to support them. The Court +of Directors, knowing the mischiefs that innova<span class='pagenum'><a name="Page_305" id="Page_305">{305}</a></span>tion +had produced in their service, and the desolations +which it had brought on the country, commanded +him not to take any step for changing them, without +their orders. Contrary, however, to his own declarations, +contrary to the sketch of an act of Parliament, +which, for aught he knew, the legislature might then +have passed, (I know that it was in contemplation to +pass, about that time, several acts for regulating the +Company's affairs, and, for one, I should have been, +as I always have been, a good deal concerned in +whatever tended to fix some kind of permanent and +settled government in Bengal,)—in violation, I say, +of his duty, and in contradiction to his own opinion, +he at that time, without giving the parties notice, +turns out of their employments, situations, and bread, +the Provincial Councils.</p> + +<p>And who were the members of those Provincial +Councils? They were of high rank in the Company's +service; they were not junior servants, boys of a +day, but persons who had gone through some probation, +who knew something of the country, who were +conversant in its revenues and in the course of its +business; they were, in short, men of considerable +rank in the Company's service. What did he do +with these people? Without any regard to their +rank in the service,—no more than he had regarded +the rank of the nobility of the country,—he sweeps +them all, in one day, from their independent situations, +without reference to the Directors, and turns +them all into pensioners upon the Company. And +for what purpose was this done? It was done in order +to reduce the Company's servants, who, in their +independent situations, were too great a mass and +volume for him to corrupt, to an abject dependenc<span class='pagenum'><a name="Page_306" id="Page_306">{306}</a></span>e +upon his absolute power. It was, that he might tell +them, "You have lost your situations; you have +nothing but small alimentary pensions, nothing more +than a maintenance; and you must depend upon me +whether you are to have anything more or not." +Thus at one stroke a large division of the Company's +servants, and one of the highest orders of them, were +reduced, for their next bread, to an absolute, submissive +dependence upon his will; and the Company was +loaded with the pensions of all these discarded servants. +Thus were persons in an honorable, independent +situation, earned by long service in that country, +and who were subject to punishment for their crimes, +if proved against them, all deprived, unheard, of their +employments. You would imagine that Mr. Hastings +had at least charged them with corruption. No, you +will see upon your minutes, that, when he abolished +the Provincial Councils, he declared at the same time +that he found no fault with the persons concerned in +them.</p> + +<p>Thus, then, he has got rid, as your Lordships +see, of one whole body of the Company's servants; +he has systematically corrupted the rest, and provided, +as far as lay in his power, for the perpetuation of their +corruption; he has connived at all their delinquencies, +and has destroyed the independence of all the +superior orders of them.</p> + +<p>Now hear what he does with regard to the Council-General +itself. They had, by the act that made Mr. +Hastings Governor, the management of the revenues +vested in them. You have been shown by an honorable +and able fellow Manager of mine, that he took +the business of this department wholly out of the +hand of the Council; that he named a committee fo<span class='pagenum'><a name="Page_307" id="Page_307">{307}</a></span>r +the management of it, at an enormous expense,—committee +made up of his own creatures and dependants; +and that, after destroying the Provincial +Councils, he brought down the whole management +of the revenue to Calcutta. This committee took +this important business entirely out of the hands +of the Council, in which the act had vested it, and +this committee he formed without the orders of the +Court of Directors, and directly contrary to the act, +which put the superintendence in the hands of the +Council.</p> + +<p>Oh, but he reserved a superintendence over them.—You +shall hear what the superintendence was; you +shall see, feel, smell, touch; it shall enter into every +avenue and pore of your soul. It will show you what +was the real principle of Mr. Hastings's government. +We will read to you what Sir John Shore says of +that institution, and of the only ends and purposes +which it could answer; your Lordships will then see +how far he was justifiable in violating an act of Parliament, +and giving out of the Council's hands the +great trust which the laws of his country had vested +in them. It is part of a paper written in 1785 by +Mr. Shore, who was sole acting president of this +committee to which all Bengal was delivered. He +was an old servant of the Company, and he is now +at the head of the government of that country. He +was Mr. Hastings's particular friend, and therefore +you cannot doubt either of his being a competent +evidence, or that he is a favorable evidence for Mr. +Hastings, and that he would not say one word against +the establishment of which he himself was at the +head, that was not perfectly true, and forced out of +him by the truth of the case. There is not a single<span class='pagenum'><a name="Page_308" id="Page_308">{308}</a></span> +part of it that does not point out some abuse.</p> + +<div class="blockquote"><p>"In the actual collection of the revenues, nothing +is more necessary than to give immediate attention +to all complaints, which are preferred daily without +number, and to dispatch them in a summary manner. +This cannot be done where the control is remote. +In every purgunnah throughout Bengal there +are some distinct usages, which cannot be clearly +known at a distance; yet in all complaints of oppression +or extortion, these must be known before a +decision can be pronounced. But to learn at Calcutta +the particular customs of a district of Rajeshahye +or Dacca is almost impossible; and considering the +channel through which an explanation must pass, +and through which the complaint is made, any coloring +may be given to it, and oppression and extortion, +to the ruin of a district, may be practised with +impunity. This is a continual source of embarrassment +to the Committee of Revenue in Calcutta.</p> + +<p>"One object of their institution was to bring the +revenues without the expenses of agency to the +Presidency, and to remove all local control over the +farmers, who were to pay their rents at Calcutta. +When complaints are made against farmers by the +occupiers of the lands, it is almost impossible to discriminate +truth from falsehood; but to prevent a +failure in the revenue, it is found necessary, in all +doubtful cases, to support the farmer,—a circumstance +which may give rise to and confirm the most +cruel acts of oppression. The real state of any +district cannot be known by the Committee. An +occupier or zemindar may plead, that an inundation +has ruined him, or that his country is a deser<span class='pagenum'><a name="Page_309" id="Page_309">{309}</a></span>t +through want of rain. An aumeen is sent to examine +the complaint. He returns with an exaggerated +account of losses, proved in volumes of intricate accounts, +which the Committee have no time to read, +and for which the aumeen is well paid. Possibly, +however, the whole account is false. Suppose no +aumeen is employed, and the renter is held to the +tenor of his engagement, the loss, if real, must occasion +his ruin, unless his assessment is very moderate +indeed.</p> + +<p>"I may venture to pronounce that the real state +of the districts is now less known, and the revenue +less understood, than in the year 1774. Since the +natives have had the disposal of accounts, since they +have been introduced as agents and trusted with authority, +intricacy and confusion have taken place. +The records and accounts which have been compiled +are numerous, yet, when any particular account is +wanted, it cannot be found. It is the business of +all, from the ryots to the dewan, to conceal and deceive. +The simplest matters of fact are designedly +covered with a veil through which no human understanding +can penetrate.</p> + +<p>"With respect to the present Committee of Revenue, +it is morally impossible for them to execute +the business they are intrusted with. They are invested +with a general control, and they have an executive +authority larger than ever was before given +to any board or body of men. They may and must +get through the business; but to pretend to assert +that they really execute it would be folly and falsehood.</p> + +<p>"The grand object of the native dewannies was +to acquire independent control, and for many <span class='pagenum'><a name="Page_310" id="Page_310">{310}</a></span>years +they have pursued this with wonderful art. The +farmers and zemindars under the Committee prosecute +the same plan, and have already objections to +anything that has the least appearance of restriction. +All control removed, they can plunder as they please.</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 revenues paid at the Presidency +at his disposal, and can, if he has any abilities, +bring all the renters under contribution. It is of +little advantage to restrain the Committee themselves +from bribery or corruption, when their executive officer +has the power of protecting [practising?] both +undetected.</p> + +<p>"To display the arts employed by a native on such +an occasion 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 hand of their dewan."</p></div> + +<p>Here is the account of Mr. Hastings's new Committee +of Revenue, substituted in the place of an +establishment made by act of Parliament. Here +is what he has substituted for Provincial Councils. +Here is what he has substituted in the room of the +whole regular order of the service, which he totally +subverted. Can we add anything to this picture? +Can we heighten it? Can we do anything more +than to recommend it to your Lordships' serious consideration?</p> +<p><span class='pagenum'><a name="Page_311" id="Page_311">{311}</a></span></p> +<p>But before I finally dismiss this part of our charge, +I must request your Lordships' most earnest attention +to the true character of these atrocious proceedings, +as they now stand proved before you, by +direct or the strongest presumptive evidence, upon +the Company's records, and by his own confessions +and declarations, and those of his most intimate +friends and avowed agents.</p> + +<p>Your Lordships will recollect, that, previously to +the appointment of Mr. Hastings to be the Governor-General, +in 1772, the collection of the revenues was +committed to a naib dewan, or native collector, under +the control of the Supreme Council,—and that Mr. +Hastings did at that time, and upon various occasions +afterwards, declare it to be his decided and fixed opinion, +that nothing would be so detrimental to the interests +of the Company, and to the happiness and welfare +of the inhabitants of their provinces, as changes, +and more especially sudden changes, in the collection +of their revenues. His opinion was also most strongly +and reiteratedly pressed upon him by his masters, the +Court of Directors. The first step taken after his appointment +was to abolish the office of naib dewan, and +to send a committee through the provinces, at the +expense of 50,000<i>l.</i> a year, to make a settlement of +rents to be paid by the natives for five years. At the +same time he appointed one of the Company's servants +to be the collector in each province, and he abolished +the General Board of Revenue, which had been +established at Moorshedabad, chiefly for the following +reasons: that, by its exercising a separate control, the +members of the Supreme Council at Calcutta were +prevented from acquiring that intimate acquaintance +with the revenues which was necessary to persons +in their station; and because many of the powers<span class='pagenum'><a name="Page_312" id="Page_312">{312}</a></span> necessary +for the collection of the revenues could not +be delegated to a subordinate council. In consideration +of these opinions, orders, and declarations, he, in +1773, abolished the office of collector, and transferred +the management of the revenues to several councils +of revenue, called Provincial Councils, and recommended +their perpetual establishment by act of Parliament. +In the year 1774, in contradiction of his former +opinion respecting the necessity of the Supreme +Council possessing all possible means of becoming +acquainted with the details of the revenue, he again +recommended the continuance of the Provincial Councils +in all their parts. This he again declared to be +his deliberate opinion in 1775 and in 1776.</p> + +<p>In the mean time a majority of the Supreme Council, +consisting of members who had generally differed +in opinion from Mr. Hastings, had transmitted their +advice to the Court of Directors, recommending some +changes in the system of Provincial Councils. The +Directors, in their reply to this recommendation, did +in 1777 order the Supreme Council to form a new +plan for the collection of the revenues, and to transmit +it to them for their consideration.</p> + +<p>No such plan was transmitted; but in the year +1781, Mr. Hastings having obtained a majority in the +Council, he again changed the whole system, both +of collection of the revenue and of the executive administration +of civil and criminal justice. And who +were the persons substituted in the place of those +whom he removed? Names, my Lords, with which +you are already but too well acquainted. At their +head stands Munny Begum; then comes his own +domestic, and private bribe-agent, Gunga Govind +Sing; then his banian, Cantoo Baboo; then that <span class='pagenum'><a name="Page_313" id="Page_313">{313}</a></span>instrument +of all evil, Debi Sing; then the whole tribe +of his dependants, white and black, whom he made +farmers of the revenue, with Colonel Hannay at their +head; and, lastly, his confidential Residents, secret +agents, and private secretaries, Mr. Middleton, Major +Palmer, &c., &c. Can your Lordships doubt, for a +single instant, of the real spirit of these proceedings? +Can you doubt of the whole design having originated +and ended in corruption and peculation?</p> + +<p>We have fully stated to you, from the authority of +these parties themselves, the effects and consequences +of these proceedings,—namely, the dilapidation +of the revenues, and the ruin and desolation of the +provinces. And, my Lords, what else could have +been expected or designed by this sweeping subversion +of the control of the Company's servants over +the collections of the revenue, and the vesting of it +in a black dewan, but fraud and peculation? What +else, I say, was to be expected, in the inextricable +turnings and windings of that black mystery of iniquity, +but the concealment of every species of wrong, +violence, outrage, and oppression?</p> + +<p>Your Lordships, then, have seen that the whole +country was put into the hands of Gunga Govind +Sing; and when you remember who this Gunga +Govind Sing was, and how effectually Mr. Hastings +had secured him against detection, in every part of +his malpractices and atrocities, can you for a moment +hesitate to believe that the whole project was +planned and executed for the purpose of putting all +Bengal under contribution to Mr. Hastings? But if +you are resolved, after all this, to entertain a good +opinion of Mr. Hastings,—if you have taken it into +your heads, for reasons best known to yourselves, t<span class='pagenum'><a name="Page_314" id="Page_314">{314}</a></span>o +imagine that he has some hidden virtues, which in +the government of Bengal he has not displayed, and +which, to us of the House of Commons, have not +been discernible in any one single instance,—these +virtues may be fit subjects for paragraphs in newspapers, +they may be pleaded for him by the partisans +of his Indian <i>faction</i>, but your Lordships will do well +to remember that it is not to Mr. Hastings himself +that you are trusting, but to Gunga Govind Sing. +If the Committee were tools in his hands, must not +Mr. Hastings have also been a tool in his hands? +If they with whom he daily and hourly had to transact +business, and whose office it was to control and +restrain him, were unable so to do, is this control +and restraint to be expected from Mr. Hastings, +who was his confidant, and whose corrupt transactions +he could at any time discover to the world? +My worthy colleague has traced the whole of Mr. +Hastings's bribe account, in the most clear and satisfactory +manner, to Gunga Govind Sing,—him first, +him last, him midst, and without end. If we fail +of the conviction of the prisoner at your bar, your +Lordships will not have acquitted Mr. Hastings +merely, but you will confirm all the robberies and +rapines of Gunga Govind Sing. You will recognize +him as a faithful governor of India. Yes, my Lords, +let us rejoice in this man! Let us adopt him as our +own! Let our country, let this House, be proud of +him! If Mr. Hastings can be acquitted, we must admit +Gunga Govind Sing's government to be the greatest +blessing that ever happened to mankind. But if +Gunga Govind Sing's government be the greatest +curse that ever befell suffering humanity, as we assert +it to have been, there is the man that placed him<span class='pagenum'><a name="Page_315" id="Page_315">{315}</a></span> +in it; there is his father, his godfather, the first author +and origin of all these evils and, calamities. My +Lords, remember Dinagepore; remember the bribe of +40,000<i>l.</i> which Gunga Govind Sing procured for Mr. +Hastings in that province, and the subsequent horror +of that scene.</p> + +<p>But, my Lords, do you extend your confidence to +Gunga Govind Sing? Not even the face of this man, +to whom the revenues of the Company, together with +the estates, fortunes, reputations, and lives of the +inhabitants of that country were delivered over, is +known in those provinces. He resides at Calcutta, +and is represented by a variety of under-agents. Do +you know Govind Ghose? Do you know Nundulol? +Do you know the whole tribe of peculators, whom +Mr. Hastings calls his faithful domestic servants? +Do you know all the persons that Gunga Govind Sing +must employ in the various ramifications of the revenues +throughout all the provinces? Are you prepared +to trust all these? The Board of Revenue +has confessed that it could not control them. Mr. +Hastings himself could not control them. The establishment +of this system was like Sin's opening the +gates of Hell: like her, he could open the gate,—but +to shut, as Milton says, exceeded his power. The +former establishments, if defective, or if abuses were +found in them, might have been corrected. There +was at least the means of detecting and punishing +abuse. But Mr. Hastings destroyed the means of +doing either, by putting the whole country into the +hands of Gunga Govind Sing.</p> + +<p>Now, having seen all these things done, look to the +account. Your Lordships will now be pleased to look +at this business as a mere account of revenue. You<span class='pagenum'><a name="Page_316" id="Page_316">{316}</a></span> +will find, on comparing the three years in which Mr. +Hastings was in the minority with the three years +after the appointment of this Committee, that the +assessment upon the country increased, but that the +revenue was diminished; and you will also find, +which is a matter that ought to astonish you, that +the expenses of the collections were increased by no +less a sum than 500,000<i>l.</i> You may judge from this +what riot there was in rapacity and ravage, both +amongst the European and native agents, but chiefly +amongst the natives: for Mr. Hastings did not divide +the greatest part of this spoil among the Company's +servants, but among this gang of black dependants. +These accounts are in pages 1273 and +1274 of your Minutes.</p> + +<p>My Lords, weighty indeed would have been the +charge brought before your Lordships by the Commons +of Great Britain against the prisoner at your +bar, if they had fixed upon no other crime or misdemeanor +than that which I am now pressing upon +you,—his throwing off the allegiance of the Company, +his putting a black master over himself, and his +subjecting the whole of Bengal, Bahar, and Orissa, +the whole of the Company's servants, the Company's +revenues, the Company's farms, to Gunga Govind +Sing. But, my Lords, it is a very curious and +remarkable thing, that we have traced this man as +Mr. Hastings's bribe-broker up to the time of the +nomination of this Committee; we have traced him +through a regular series of bribery; he is Mr. Hastings's +bribe-broker at Patna; he is Mr. Hastings's +bribe-broker at Nuddea; he is his bribe-broker at +Dinagepore; we find him his bribe-broker in all these +places; but from the moment that this Committee was<span class='pagenum'><a name="Page_317" id="Page_317">{317}</a></span> +constituted, it became a gulf in which the prevention, +the detection, and the correction of all kind of abuses +were sunk and lost forever. From the time when this +Committee and Gunga Govind Sing were appointed, +you do not find one word more of Mr. Hastings's +bribes. Had he then ceased to receive any? or where +are you to look for them? You are to look for them +in that 500,000<i>l.</i> excess of expense in the revenue +department, and in the rest of all that corrupt traffic +of Gunga Govind Sing of which we gave you specimens +at the time we proved his known bribes to you. +These are nothing but index-hands to point out to you +the immense mass of corruption which had its origin, +and was daily accumulating in these provinces, under +the protection of Mr. Hastings. And can you think, +and can we talk of such transactions, without feeling +emotions of indignation and horror not to be described? +Can we contemplate such scenes as these,—can +we look upon those desolated provinces, upon +a country so ravaged, a people so subdued,—Mahometans, +Gentoos, our own countrymen, all trampled +under foot by this tyrant,—can we do this; without +giving expression to those feelings which, after animating +us in this life, will comfort us when we die, +and will form our best part in another?</p> + +<p>My Lords, I am now at the last day of my endeavors +to inspire your Lordships with a just sense of +these unexampled atrocities. I have had a great +encyclopedia of crimes to deal with; I will get +through them as soon as I can; and I pray your +Lordships to believe, that, if I omit anything, it is to +time I sacrifice it,—that it is to want of strength I +sacrifice it,—that it is to necessity, and not from any +despair of making, from the records and from the evidenc<span class='pagenum'><a name="Page_318" id="Page_318">{318}</a></span>e, +matter so omitted as black as anything that I +have yet brought before you.</p> + +<p>The next thing of which I have to remind your +Lordships respecting these black agents of the prisoner +is, that we find him, just before his departure +from India, recommending three of them, Gunga Govind +Sing, Gunga Ghose, and Nundulol, as persons fit +and necessary to be rewarded for their services by +the Company. Now your Lordships will find, that, of +these faithful domestic servants, there is not one of +them who was not concerned in these enormous briberies, +and in betraying their own native and natural +master. If I had time for it, I believe I could +trace every person to be, in proportion to Mr. Hastings's +confidence in him, the author of some great +villany. These persons he thinks had not been sufficiently +rewarded, and accordingly he recommends +to the board, as his dying legacy, provision for +these faithful attached servants of his, and particularly +for Gunga Govind Sing. The manner in +which this man was to be rewarded makes a part of +the history of these transactions, as curious, perhaps, +as was ever exhibited to the world. Your Lordships +will find it in page 2841 of your Minutes.</p> + +<p>The Rajah of Dinagepore was a child at that time +about eleven years old, and had succeeded to the +Rajahship (by what means I shall say nothing) when +he was about five years old. He is made to apply to +Mr. Hastings for leave to grant a very considerable +part of his estate to Gunga Govind Sing, as a reward +for his services. These services could only be known +to the Rajah's family by having robbed it of at least +40,000<i>l.</i>, the bribe given to Mr. Hastings. But the +Rajah's family is so little satisfied with this bountiful<span class='pagenum'><a name="Page_319" id="Page_319">{319}</a></span> +and liberal donation to Gunga Govind Sing, that +they desire that several purgunnahs, or farms, that +are mentioned in the application made to the Council, +should be separated from the family estate and +given to this man. Such was this extraordinary +gratitude: gratitude, not for money received, but for +money taken away,—a species of gratitude unknown +in any part of the world but in India; gratitude +pervading every branch of the family; his mother +coming forward and petitioning likewise that her son +should be disinherited; his uncle, the natural protector +and guardian of his minority, coming forward +and petitioning most earnestly that his nephew +should be disinherited: all the family join in one voice +of supplication to Mr. Hastings, that Gunga Govind +Sing may have a very large and considerable part of +their family estate given to him. Mr. Hastings, after +declaring that certain circumstances respecting this +property, which are mentioned in his minutes, were +to his knowledge true, but which your Lordships, upon +examination, will find to be false, and falsified in +every particular, recommends, in the strongest manner, +to the board, a compliance with this application. +He was at this time on the eve of his departure +from India, in haste to provide for his faithful +servants; and he well knew that this his last act +would be held binding upon his successors, who were +devoted to him.</p> + +<p>Here, indeed, is genuine and heroic gratitude,—gratitude +for money received, not for money taken +away; and yet this gratitude was towards a person +who had paid himself out of the benefit which had +been conferred, at the expense of a third party. For +Gunga Govind Sing had kept for himself 20,000<i>l.</i><span class='pagenum'><a name="Page_320" id="Page_320">{320}</a></span> +out of 40,000<i>l.</i> taken from the Rajah. For this +cheat, stated by Mr. Larkins to be such, and allowed +by Mr. Hastings himself to be such, he, with a perfect +knowledge of that fraud and cheat committed +upon the public, (for he pretends that the money +was meant for the Company,) makes this supplication +to his colleagues, and departs.</p> + +<p>After his departure, Gunga Govind Sing, relying +upon the continuance of the corrupt influence which +he had gained, had the impudence to come forward +and demand the confirmation of this grant by the +Council-General. The Council, though willing to +accede to Mr. Hastings's proposition, were stopped +in a moment by petitions much more natural, but of +a direct contrary tenor. The poor infant Rajah raises +his cries not to be deprived of his inheritance; his +mother comes forward and conjures the Council not +to oppress her son and wrong her family; the uncle +comes and supplicates the board to save from ruin +these devoted victims which were under his protection. +All these counter-petitions come before the +Council while the ink is hardly dry upon the petitions +which Mr. Hastings had left behind him, as +proofs of the desire of this family to be disinherited +in favor of Gunga Govind Sing. Upon the receipt +of these remonstrances, the board could not proceed +in the business, and accordingly Gunga Govind Sing +was defeated.</p> + +<p>But Gunga Govind Sing was unwilling to quit his +prey. And what does he do? I desire your Lordships +to consider seriously the reply of Gunga Govind +Sing, as it appears upon your minutes. It is a bold +answer. He denies the right of the Rajah to these +estates. "Why," says he, "all property in this<span class='pagenum'><a name="Page_321" id="Page_321">{321}</a></span> +country depends upon the will of your government. +How came this Rajah's family into possession of this +great zemindary? Why, they got it at first by the +mere favor of government. The whole was an iniquitous +transaction. This is a family that in some +former age has robbed others; and now let me rob +them." In support of this claim, he adds the existence +of other precedents, namely, "that many clerks +or mutsuddies and banians at Calcutta had," as he +says, "got possession of the lands of other people +without any pretence of right;—why should not +I?" Good God! what precedents are these!</p> + +<p>Your Lordships shall now hear the razinama, or +testimonial, which, since Mr. Hastings's arrival in +England, this Rajah has been induced to send to the +Company from India, and you will judge then of the +state in which Mr. Hastings has left that country. +Hearken, my Lords, I pray you, to the razinama of +this man, from whom 40,000<i>l.</i> was taken by Mr. +Hastings and Gunga Govind Sing, and against whom +an attempt was made by the same persons to deprive +him of his inheritance. Listen to this razinama, and +then judge of all the other testimonials which have +been produced on the part of the prisoner at your bar. +His counsel rest upon them, they glory in them, +and we shall not abate them one of these precious +testimonials. They put the voice of grateful India +against the voice of ungrateful England. Now hear +what grateful India says, after our having told you +for what it was so grateful.</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 respectab<span class='pagenum'><a name="Page_322" id="Page_322">{322}</a></span>le +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 from the contamination of mistrust +and wrong, and his mind is free of covetousness and +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 +affliction, 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."</p></div> + +<p>Good God! my Lords, "<i>our families protected by +his justice</i>"! What! after Gunga Govind Sing, in +concert with Mr. Hastings, had first robbed him of +40,000<i>l.</i>, and then had attempted to snatch, as it +were, out of the mouths of babes and sucklings the +inheritance of their fathers, and to deprive this infant +of a great part of his family estate? Here is a child, +eleven years old, who never could have seen Mr. +Hastings, who could know nothing of him but fro<span class='pagenum'><a name="Page_323" id="Page_323">{323}</a></span>m +the heavy hand of oppression, affliction, wrong, and +robbery, brought to bear testimony to the virtues of +Mr. Hastings before a British Parliament! Such is +the confidence they repose in their hope of having +bribed the English nation by the millions and millions +of money, the countless lacs of rupees, poured into +it from India, that they had dared to bring this poor +robbed infant to bear testimony to the character of +Mr. Hastings! These are the things which are to be +opposed to the mass of evidence which the House of +Commons bring against this man,—evidence which +they bring from his own acts, his own writing, and +his own records,—a cloud of testimony furnished by +himself in support of charges brought forward and +urged by us agreeably to the magnitude of his crimes, +with the horror which is inspired by them, and with +the contempt due to this paltry attempt towards his +defence, which they had dared to produce from the +hands of an infant but eleven years old when Mr. +Hastings quitted that country!</p> + +<p>But to proceed with the razinama.</p> + +<div class="blockquote"><p>"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,<span class='pagenum'><a name="Page_324" id="Page_324">{324}</a></span> 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></div> + +<p>My Lords, before I take leave of this affair of +bribes and of the great bribe-broker, let me just +offer a remark to your Lordships upon one curious +transaction. My Lords, we have charged a bribe +taken from the Nabob of Oude, and we have stated +the corrupt and scandalous proceeding which attended +it. I thought I had done with Oude; but +as there is a golden chain between all the virtues, +so there is a golden chain which links together all +the vices. Mr. Hastings, as you have seen, and as +my honorable colleague has fully opened it to you, +received a bribe or corrupt present from the Nabob +of Oude in September, 1781. We heard no more +of this bribe than what we had stated, (no other +trace of it ever appearing in the Company's records, +except in a private letter written by Mr. Hastings to +the Court of Directors, and afterwards in a communication +such as you have heard through Mr. Larkins,) +till October, 1783.</p> + +<p>But, my Lords, we have since discovered, through +and in consequence of the violent disputes which took +place between Mr. Hastings and the clan of Residents +that were in Oude,—the Resident of the Company, +Mr. Bristow, the two Residents of Mr. Hasti<span class='pagenum'><a name="Page_325" id="Page_325">{325}</a></span>ngs, +Mr. Middleton and Mr. Johnson, and the two +Residents sent by him to watch over all the rest, +Major Palmer and Major Davy,—upon quarrels, I +say, between them, we discovered that Mr. Middleton +had received the offer of a present of 100,000<i>l.</i> +in February, 1782. This circumstance is mentioned +in a letter of Mr. Middleton's, in which he informs +Mr. Hastings that the Nabob had destined such a +sum for him.</p> + +<p>Now the first thing that will occur to your Lordships +upon such an affair will be a desire to know +what it was that induced the Nabob to make this +offer. It was but in the September preceding that +Mr. Hastings had received, for his private use, as the +Nabob conceived, so bountiful a present as 100,000<i>l.</i>; +what motive, then, could he have had in February +to offer him another 100,000<i>l.</i>? This man, at the +time, was piercing heaven itself with the cries of +despondency, despair, beggary, and ruin. You have +seen that he was forced to rob his own family, in +order to satisfy the Company's demands upon him; +and yet this is precisely the time when he thinks +proper to offer 100,000<i>l.</i> to Mr. Hastings. Does not +the mind of every man revolt, whilst he exclaims, +and say, "What! another 100,000<i>l.</i> to Mr. Hastings?" +What reason had the Nabob to think Mr. Hastings +so monstrously insatiable, that, having but the September +before received 100,000<i>l.</i>, he must give him +another in February? My Lords, he must, in the +interval, have threatened the Nabob with some horrible +catastrophe, from which he was to redeem himself +by this second present. You can assign no other +motive for his giving it. We know not what +answer Mr. Hastings made to Mr. Middleton <span class='pagenum'><a name="Page_326" id="Page_326">{326}</a></span>upon +that occasion, but we find that in the year 1783 Mr. +Hastings asserts that he sent up Major Palmer and +Major Davy to persuade the Nabob to transfer this +present, which the Nabob intended for him, to the +Company's service. Remark, my Lords, the progress +of this affair. In a formal accusation preferred +against Mr. Middleton, he charges him with obstructing +this design of his. In this accusation, my Lords, +you find him at once in the curious character of +prosecutor, witness, and judge.</p> + +<p>Let us see how he comports himself. I shall only +state to you one of the articles of his impeachment; +it is the third charge; it is in page 1267 of your +Lordships' Minutes.</p> + +<div class="blockquote"><p>"For sending repeatedly to the Vizier, and to his +minister, Hyder Beg Khân, to advise them against +transferring the ten lacs of rupees intended as a +present to the Governor-General to the Company's +account; as it would be a precedent for further +demands, which if the Vizier did not refuse in the +first instance, the government would never cease to +harass him for money."</p></div> + +<p>The first thing that will occur to your Lordships +is an assertion of the accuser's:—"I am morally +certain, that jaidads or assets for ten lacs, either +in assignment of land or in bills, had been prepared, +and were in the charge or possession of Mr. Middleton, +before Major Palmer's arrival, and left with Mr. +Johnson on Mr. Middleton's departure."</p> + +<p>My Lords, here is an accusation that Mr. Middleton +had actually received money, either in bills or +assets of some kind or other,—and that, upon quitting +his Residency, he had handed it over to his<span class='pagenum'><a name="Page_327" id="Page_327">{327}</a></span> +successor, Mr. Johnson. Here are, then, facts asserted, +and we must suppose substantiated. Here +is a sum of money to be accounted for, in which +there is a gross malversation directly charged as to +these particulars, in Mr. Hastings's opinion. Mr. +Macpherson, another member of the Council, has declared, +that he understood at the time that the ten +lacs were actually deposited in bills, and that it was +not a mere offer made by the Nabob to pay such a +sum from the future revenue of the country. Mr. +Hastings has these facts disclosed to him. He declares +that he was "<i>morally</i> certain" of it,—that is, as certain +as a man can be of anything; because physical +certitude does not belong to such matters. The first +thing you will naturally ask is, "Why does he not +ask Mr. Johnson how he had disposed of that money +which Mr. Middleton had put in his hands?" He +does no such thing; he passes over it totally, as if it +were no part of the matter in question, and the accusation +against Mr. Middleton terminates in the manner +you will there find stated. When Mr. Johnson is +asked, "Why was not that money applied to the Company's +service?" he boldly steps forward, and says, +"I prevented it from being so applied. It never was, +it never ought to have been, so applied; such an +appropriation of money to be taken from the Nabob +would have been enormous upon that occasion."</p> + +<p>What, then, does Mr. Hastings do? Does he examine +Mr. Middleton upon the subject, who charges himself +with having received the money? Mr. Middleton +was at that very time in Calcutta, called down +thither by Mr. Hastings himself. One would naturally +expect that he would call upon him to explain for +what purpose he left the money with Mr. Johnson.<span class='pagenum'><a name="Page_328" id="Page_328">{328}</a></span> +He did no such thing. Did he examine Mr. Johnson +himself, who was charged with having received +the money from Mr. Middleton? Did he ask him +what he had done with that money? Not one word. +Did he send for Major Palmer and Major Davy to +account for it? No. Did he call any shroff, any +banker, any one person concerned in the payment of +the money, or any one person in the management of +the revenue? No, not one. Directly in the face of +his own assertions, directly contrary to his moral conviction +of the fact that the money had been actually +deposited, he tries Mr. Johnson collusively and obliquely, +not upon the account of what was done with +the money, but why it was prevented from being applied +to the Company's service; and he acquits him +in a manner that (taking the whole of it together) +will give your Lordships the finest idea possible of a +Bengal judicature, as exercised by Mr. Hastings.</p> + +<p>"I am not sorry," says he, "that Mr. Johnson +chose to defeat my intentions; since it would have +added to the Nabob's distresses, but with no immediate +relief to the Company. If, in his own breast, he +can view the secret motives of this transaction, and +on their testimony approve it, I also acquit him."</p> + +<p>Merciful God! Here is a man accused by regular +articles of impeachment. The accuser declares he +is morally certain that the money had been received, +but was prevented from being applied to its destination +by the person accused; and he acquits him. +Does he acquit him from his own knowledge, or from +any evidence? No: but he applies to the man's conscience, +and says, "If you in your conscience can +acquit yourself, I acquit you."</p> +<p><span class='pagenum'><a name="Page_329" id="Page_329">{329}</a></span></p> +<p>Here, then, is a proceeding the most astonishing +and shameless that perhaps was ever witnessed: a +court trying a man for a delinquency and misapplication +of money, destined, in the first instance, for the +use of the judge, but which he declares ought, in his +own opinion, to be set apart for the public use, and +which he was desirous of applying to the Company's +service, without regard to his own interest, and then +the judge declaring he is not sorry that his purpose +had been defeated by the party accused. Instead, +however, of censuring the accused, he applies to the +man's own conscience. "Does your conscience," +says he, "acquit you of having acted wrong?" The +accused makes no reply; and then Mr. Hastings, by +an hypothetical conclusion, acquits him.</p> + +<p>Mr. Hastings is accused by the Commons for that, +having a moral certainty of the money's being intended +for his use, he would not have ceased to inquire +into the actual application of it but from some corrupt +motive and intention. With this he is charged. +He comes before you to make his defence. Mr. Middleton +is in England. Does he call Mr. Middleton +to explain it here? Does he call upon Mr. Johnson, +who was the other day in this court, to account for +it? Why did he not, when he sent for these curious +papers and testimonials to Major Palmer, (the person +authorized, as he pretends, by him, to resign all his +pretensions to the money procured,) send for Major +Palmer, who is the person that accused him in this +business,—why not send for him to bear some testimony +respecting it? No: he had time enough, but +at no one time and in no place did he do this; therefore +the imputation of the foulest corruption attaches +upon him, joined with the infamy of a collusive prosecution, +instituted for the sake of a collusive acquittal.<span class='pagenum'><a name="Page_330" id="Page_330">{330}</a></span></p> + +<p>Having explained to your Lordships the nature, +and detailed the circumstances, as far as we are acquainted +with them, of this fraudulent transaction, +we have only further to remind you, that, though +Mr. Middleton was declared guilty of five of the +six charges brought against him by Mr. Hastings, yet +the next thing you hear is, that Mr. Hastings, after +declaring that this conduct of Mr. Middleton had +been very bad, and that the conduct of the other servants +of the Company concerned with him had been +ten times worse, he directly appoints him to one of +the most honorable and confidential offices the Company +had to dispose of: he sends him ambassador to +the Nizam,—to give to all the courts of India a specimen +of the justice, honor, and decency of the British +government.</p> + +<p>My Lords, with regard to the bribe for the <i>entertainment</i>, +I only beg leave to make one observation +to you upon that article. I could say, if the time +would admit it, a great deal upon that subject; but +I wish to compress it, and I shall therefore only recommend +it in general to your Lordships' deliberate +consideration. The covenant subsisting between the +Company and its servants was made for the express +purpose of putting an end to all such entertainments. +By this convention it is ordered that no presents exceeding +200<i>l.</i> [400<i>l.</i>?] shall be accepted upon any +pretence for an entertainment. The covenant was intended +to put an end to the custom of receiving money +for entertainments, even when visiting an independent +Oriental prince. But your Lordships know that +the Nabob was no prince, but a poor, miserable, undone +dependant upon, the Company. The present was<span class='pagenum'><a name="Page_331" id="Page_331">{331}</a></span> +also taken by Mr. Hastings at a time when he went upon +the cruel commission of cutting down the Nabob's +allowance from 400,000<i>l.</i> to 260,000<i>l.</i> [160,000<i>l.</i>?], +and when he was reducing to beggary thousands +of persons who were dependent for bread upon the +Nabob, and ruining, perhaps, forty thousand others. +I shall say no more upon that subject, though, in +truth, it is a thing upon which much observation +might be made.</p> + +<hr style='width: 45%;' /> + +<p>I shall now pass on to another article connected +with, though not making a direct part of, that of +corrupt bribery: I mean the swindling subterfuges +by which he has attempted to justify his corrupt +practices. At one time, he defends them by pleading +the necessities of his own affairs,—as when he +takes presents and entertainments avowedly for his +own profits. At another time he defends them by +pleading the goodness of his intentions: he intended, +he says, to give the money to the Company. His +last plea has something in it (which shall I say?) +of a more awful or of a more abandoned character, +or of both. In the settlement of his public account, +before he left India, he takes credit for a bond which +he had received from Nobkissin upon some account +or other. He then, returns to England, and what +does he do? Pay off? No. Give up the bond to +the Company? No. He says, "I will account to +the Company for this money." And when he comes +to give this account of the expenditure of this money, +your Lordships will not be a little astonished at +the items of it. One is for founding a Mahometan +college. It is a very strange thing that Rajah Nobkissin, +who is a Gentoo, should be employed by Mr.<span class='pagenum'><a name="Page_332" id="Page_332">{332}</a></span> +Hastings to found a Mahometan college. We will +allow Mr. Hastings, who is a Christian, or would be +thought a Christian, to grow pious at last, and, as +many others have done, who have spent their lives +in fraud, rapacity, and peculation, to seek amends +and to expiate his crimes by charitable foundations. +Nay, we will suppose Mr. Hastings to have taken it +into his head to turn Mahometan, (Gentoo he could +not,) and to have designed by a Mahometan foundation +to expiate his offences. Be it so; but why +should Nobkissin pay for it? We will pass over +this also. But when your Lordships shall hear of +what nature that foundation was, I believe you will +allow that a more extraordinary history never did +appear in the world.</p> + +<p>In the first place, he stated to the Council, on the +18th of April, 1781, that in the month of November, +1780, a petition was presented to him by a considerable +number of Mussulmen, in compliance with +which this Mahometan college appears to have been +founded. It next appears from his statement, that +in the April following, (that is, within about six +months after the foundation,) many students had +finished their education. You see what a hot-bed +bribery and corruption is. Our universities cannot +furnish an education in six years: in India they +have completed it within six months, and have taken +their degrees.</p> + +<p>Mr. Hastings says, "I have supported this establishment +to this time at my own expense; I desire +the Company will now defray the charge of it." +He then calculates what the expenses were; he calculates +that the building would cost about 6,000<i>l.</i>, +and he gets from the Company a bond to raise money<span class='pagenum'><a name="Page_333" id="Page_333">{333}</a></span> +for paying this 6,000<i>l.</i> You apparently have the +building now at the public expense, and Mr. Hastings +still stands charged with the expense of the +college for six months. He then proposes that a +tract of land should be given for the college, to the +value of about three thousand odd pounds a year,—and +that in the mean time there should be a certain +sum allotted for its expenses. After this Mr. Hastings +writes a letter from the Ganges to the Company, +in which he says not a word about the expense of +the building, but says that the college was founded +and maintained at his own expense, though it was +thought to be maintained by the Company; and he +fixes the commencement of the expense in September, +1779. But, after all, we find that the very professor +who was to be settled there never so much +as arrived in Calcutta, or showed his face there, till +some time afterwards. And look at Mr. Larkins's +private accounts, and you will find that he charges +the expense to have commenced not until October, +1781. It is no error, because it runs through and +is so accounted in the whole: and it thus appears +that he has charged, falsely and fraudulently, a year +more for that establishment than it cost him.</p> + +<p>At last, then, when he was coming away, (for I +hasten to the conclusion of an affair ludicrous indeed +in some respects, but not unworthy of your +Lordships' consideration,) "after remarking that he +had experienced for three years the utility of this +institution, he recommends that they will establish +a fund for 3,000<i>l.</i> a year for it, and give it to the +master." He had left Gunga Govind Sing as a +Gentoo legacy, and he now leaves the Mussulman +as a Mahometan legacy to the Company.</p> +<p><span class='pagenum'><a name="Page_334" id="Page_334">{334}</a></span></p> +<p>Your Lordships shall now hear what was the upshot +of the whole. The Company soon afterwards +hearing that this college was become the greatest +nuisance in Calcutta, and that it had raised the cries +of all the inhabitants against it, one of their servants, +a Mr. Chapman, was deputed by the Governor, Sir +John Shore, to examine into it, and your Lordships +will find the account he gives of it in your minutes. +In short, my Lords, we find that this was a seminary +of robbers, housebreakers, and every nuisance to society; +so that the Company was obliged to turn out +the master, and to remodel the whole. Your Lordships +will now judge of the merits and value of this, +one of the sets-off brought forward by the prisoner +against the charges which we have brought forward +against him: it began in injustice and peculation, +and ended in a seminary for robbers and housebreakers.</p> + +<hr style='width: 45%;' /> + +<p>Nothing now remains to be pressed by me upon +your Lordships' consideration, but the account given +by the late Governor-General, Earl Cornwallis, of the +state in which he found the country left by his predecessor, +Mr. Hastings, the prisoner at your bar. But, +patient as I know your Lordships to be, I also know +that your strength is not inexhaustible; and though +what I have farther to add will not consume much +of your Lordships' time, yet I conceive that there is +a necessity for deferring it to another day.</p> +<p><span class='pagenum'><a name="Page_335" id="Page_335">{335}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="NINTH_DAY_MONDAY_JUNE_16_1794" id="NINTH_DAY_MONDAY_JUNE_16_1794"></a>SPEECH<br /> +<br /> +<span style="font-size: 50%;">IN</span><br /> +<br /> +GENERAL REPLY.<br /> +<br /> +<span style="font-size: 50%;">NINTH DAY: MONDAY, JUNE 16, 1794.</span></h2> + + +<p>My Lords,—I should think it necessary to make +an apology to your Lordships for appearing before +you one day more, if I were inclined to measure +this business either by the standard of my own +ability, or by my own impatience, or by any supposed +impatience of yours. I know no measure, in such +a case, but the nature of the subject, and the duty +which we owe to it. You will therefore, my Lords, +permit me, in a few words, to lead you back to what +we did yesterday, that you may the better comprehend +the manner in which I mean to conclude the +business to-day.</p> + +<p>My Lords, we took the liberty of stating to you +the condition of Bengal before our taking possession +of it, and of the several classes of its inhabitants. +We first brought before you the Mahometan inhabitants, +who had the judicial authority of the country +in their hands; and we proved to you the utter ruin +of that body of people, and with them of the justice +of the country, by their being, both one and the other, +sold to an infamous woman called Munny Begum. +We next showed you, that the whole landed interest, +the zemindars, or Hindoo gentry of the country, was +likewise ruined by its being given over, by letting it +on a five years' lease, to infamous farmers, and givin<span class='pagenum'><a name="Page_336" id="Page_336">{336}</a></span>g +it up to their merciless exactions,—and afterwards +by subjecting the rank of those zemindars, +their title-deeds, and all their pecuniary affairs, to the +minutest scrutiny, under pain of criminal punishment, +by a commission granted to a nefarious villain +called Gunga Govind Sing. We lastly showed you +that the remaining third class, that of the English, +was partly corrupted, or had its authority dissolved, +and that the whole superintending English control +was subverted or subdued,—that the products of +the country were diminished, and that the revenues +of the Company were dilapidated, by an overcharge +of expenses, in four years, to the amount of 500,000<i>l.</i>, +in consequence of these corrupt, dangerous, and mischievous +projects.</p> + +<p>We have farther stated, that the Company's servants +were corrupted by contracts and jobs; we +proved that those that were not so corrupted were +removed from their stations or reduced to a state of +abject dependence; we showed you the destruction +of the Provincial Councils, the destruction of the +Council-General, and the formation of a committee +for no other ends whatever but for the purposes of +bribery, concealment, and corruption. We next stated +some of the most monstrous instances of that bribery; +and though we were of opinion that in none +of them any satisfactory defence worth mentioning +had been made, yet we have thought that this should +not hinder us from recalling to your Lordships' recollection +the peculiar nature and circumstances of one +of those proceedings.</p> + +<p>The proceedings to which we wish to call your +attention are those belonging to the second bribe +given by the Nabob of Oude to Mr. Hastings. Mr.<span class='pagenum'><a name="Page_337" id="Page_337">{337}</a></span> +Hastings's own knowledge and opinion that that +money was set apart for his use, either in bills or +assets, I have before stated; and I now wish to call +your Lordships' minute recollection to the manner in +which the fraudulent impeachment of Mr. Middleton, +for the purpose of stifling an inquiry into that business, +was carried on. Your Lordships will remember +that I proved to you, upon the face of that proceeding, +the collusive nature of the accusation, and that +the real state of the case was not charged,—and that +Mr. Hastings acquitted the party accused of one article +of the charge, not upon the evidence of the case, +contrary to his own avowed, declared, moral certainty +of his guilt, but upon a pretended appeal to the +conscience of the man accused. He did not, however, +give him a complete, formal, official acquittal, +but referred the matter to the Court of Directors, +who could not possibly know anything of the matter, +without one article of evidence whatever produced at +the time or transmitted. We lastly proved to you, +that, after finding him guilty of five charges, and +leaving the other to the Court of Directors, Mr. Hastings, +without any reason assigned, appointed him to a +great office in the Company's service.</p> + +<p>These proceedings were brought before you for two +purposes: first, to show the corrupt principle of the +whole proceeding; next, to show the manner in which +the Company's servants are treated. They are accused +and persecuted, until they are brought to submit to +whatever terms it may be thought proper to impose +upon them; they are then formally, indeed, acquitted +of the most atrocious crimes charged against +them, but virtually condemned upon some articles, +with the scourge hung over them,—and in some<span class='pagenum'><a name="Page_338" id="Page_338">{338}</a></span> +instances rewarded by the greatest, most honorable, +and most lucrative situations in the Company's service. +My Lords, it is on the same ground of the +wicked, pernicious, and ruinous principles of Mr. +Hastings's government, that I have charged this with +everything that is chargeable against him, namely, +that, if your Lordships should ratify those principles +by your acquittal of him, they become principles of +government,—rejected, indeed, by the Commons, but +adopted by the Peerage of Great Britain.</p> + +<p>There is another article which I have just touched, +but which I must do more than barely notice, upon +account of the evil example of it: I mean the taking +great sums of money, under pretence of an entertainment. +Your Lordships will recollect, that, when +this business was charged against him in India, Mr. +Hastings neither affirmed nor denied the fact. Confession +could not be there extorted from him. He +next appeared before the House of Commons, and he +still evaded a denial or a confession of it. He lastly +appeared before your Lordships, and in his answer +to our charge he in the same manner evaded either +a confession or a denial. He forced us to employ a +great part of a session in endeavoring to establish +what we have at last established, the receipt of the +sums first charged, and of seven lacs more, by him. +At length the proof could not be evaded; and after +we had fought through all the difficulties which the +law could interpose in his defence, and of which he +availed himself with a degree of effrontery that has, +I believe, no example in the world, he confesses, +avows, and justifies his conduct. If the custom alleged +be well founded, and be an honorable and a +proper and just practice, why did he not a<span class='pagenum'><a name="Page_339" id="Page_339">{339}</a></span>vow it in +every part and progress of our proceedings here? +Why should he have put us to the necessity of wasting +so many months in the proof of the fact? And +why, after we have proved it, and not before, did he +confess it, avow it, and even glory in it?</p> + +<p>I must remind your Lordships that the sum charged +to be so taken by way of entertainment made only a +part, a single article, of the bribes charged by Nundcomar +to have been received by Mr. Hastings; and +when we find him confessing, what he could not deny, +that single article, and evading all explanation +respecting the others, and not giving any reason +whatever why one was received and the others rejected, +your Lordships will judge of the strong presumption +of his having taken them all, even if we had +given no other proofs of it. We think, however, +that we have proved the whole very satisfactorily. +But whether we have or not, the proof of a single +present received is sufficient; because the principle +to be established respecting these bribes is this,—whether +or not a Governor-General, paying a visit +to any of the poor, miserable, dependent creatures +called sovereign princes in that country, (men whom +Mr. Hastings has himself declared to be nothing but +phantoms, and that they had no one attribute of sovereignty +about them,) whether, I say, he can consider +them to be such sovereign princes as to justify his +taking from them great sums of money by way of a +present. The Nabob, in fact, was not a sovereign +prince, nor a country power, in any sense but that +which the Company meant to exempt from the custom +of making presents. It was their design to prevent +their servants from availing themselves of the +real dependence of the nominal native powers t<span class='pagenum'><a name="Page_340" id="Page_340">{340}</a></span>o extort +money from them under the pretence of their sovereignty. +Such presents, so far from being voluntary, +were in reality obtained from their weakness, their +hopeless and unprotected condition; and you are to +decide whether or not this custom, which is insisted +upon by the prisoner's counsel, with great triumph, to +be a thing which he could not evade, without breaking +through all the usages of the country, and violating +principles established by the most clear law of India, +is to be admitted as his justification.</p> + +<p>It was on this very account, namely, the extortion +suffered by these people, under the name or pretence +of presents, that the Company first bound their servants +by a covenant, which your Lordships shall now +hear read.</p> + +<div class="blockquote"><p>"That they shall not take any grant of lands, or +rents or revenues issuing out of lands, or any territorial +possession, jurisdiction, dominion, power, or +authority whatsoever, from any of the Indian princes, +sovereigns, subahs, or nabobs, or any of their ministers, +servants, or agents, for any service or services, +or upon any account or pretence whatsoever, without +the license or consent of the Court of Directors."</p></div> + +<p>This clause in the covenant had doubtless a regard +to Lord Clive, and to Sir Hector Munro, and to some +others, who had received gifts, and grants of jaghires, +and other territorial revenues, that were confirmed by +the Company. But though this confirmation might +be justifiable at a time when we had no real sovereignty +in the country, yet the Company very wisely +provided afterwards, that under no pretence whatever +should their servants have the means of extorting +from the sovereigns or pretended sovereigns of<span class='pagenum'><a name="Page_341" id="Page_341">{341}</a></span> +the country any of their lands or possessions. Afterwards +it appeared that there existed abuses of a similar +nature, and particularly (as was proved before us +in the year 1773, and reported to our House, upon +the evidence of Mahomed Reza Khân) the practice +of frequently visiting the princes, and of extorting, +under pretence of such visits, great sums of money. +All their servants, and the Governor-General particularly, +were therefore obliged to enter into the following +covenant:—</p> + +<div class="blockquote"><p>"That they shall not, directly or indirectly, accept, +take, or receive, or agree to accept, take, or receive, +any gift, reward, gratuity, allowance, donation, or +compensation, in money, effects, jewels, or otherwise +howsoever, 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, +for any service or services performed or to be +performed by them in India, or upon any other account +or pretence whatsoever."</p></div> + +<p>By this covenant, my Lords, Mr. Hastings is forbidden +to accept, upon any pretence and under any +name whatsoever, any sum above four thousand rupees,—that +is to say, any sum above four hundred +pounds. Now the sum that was here received is +eighteen thousand pounds sterling, by way of a present, +under the name of an allowance for an entertainment, +which is the precise thing which his covenant +was made to prevent. The covenant suffered him to +receive four hundred pounds: if he received more +than that money, he became a criminal, he had broken +his covenant, and forfeited the obligation he had +made with his masters. Think with yourselves, my<span class='pagenum'><a name="Page_342" id="Page_342">{342}</a></span> +Lords, what you will do, if you acquit the prisoner +of this charge. You will avow the validity, you will +sanction the principle of his defence: for, as the fact +is avowed, there is an end of that.</p> + +<p>Good God! my Lords, where are we? If they +conceal their gifts and presents, they are safe by their +concealment; if they avow them, they are still safer. +They plead the customs of the country, or rather, +the customs which we have introduced into the country,—customs +which have been declared to have their +foundation in a system of the most abominable corruption, +the most flagitious extortion, the most dreadful +oppression,—those very customs which their covenant +is made to abolish. Think where your Lordships +are. You have before you a covenant declaring that +he should take under no name whatever (I do not +know how words could be selected in the English +language more expressive) any sum more than four +hundred pounds. He says, "I have taken eighteen +thousand pounds." He makes his counsel declare, +and he desires your Lordships to confirm their declaration, +that he is not only justifiable in so doing, but +that he ought to do so,—that he ought to break his +covenant, and act in direct contradiction to it. He +does not even pretend to say that this money was +intended, either inwardly or outwardly, avowedly or +covertly, for the Company's service. He put absolutely +into his own pocket eighteen thousand pounds, +besides his salary.</p> + +<p>Consider, my Lords, the consequences of this species +of iniquity. If any servant of the Company, +high in station, chooses to make a visit from Calcutta +to Moorshedabad, which Moorshedabad was then the +residence of our principal revenue government,<span class='pagenum'><a name="Page_343" id="Page_343">{343}</a></span>—if +he should choose to take an airing for his health, if +he has a fancy to make a little voyage for pleasure +as far as Moorshedabad, in one of those handsome +barges or budgeros of which you have heard so much +in his charge against Nundcomar, he can put twenty +thousand pounds into his pocket any day he pleases, +in defiance of all our acts of Parliament, covenants, +and regulations.</p> + +<p>Do you make your laws, do you make your covenants, +for the very purpose of their being evaded? +Is this the purpose for which a British tribunal sits +here, to furnish a subject for an epigram, or a tale +for the laughter of the world? Believe me, my +Lords, the world is not to be thus trifled with. But, +my Lords, you will never trifle with your duty. You +have a gross, horrid piece of corruption before you,—impudently +confessed, and more impudently defended. +But you will not suffer Mr. Hastings to +say, "I have only to go to Moorshedabad, or to order +the Nabob to meet me half way, and I can set +aside and laugh at all your covenants and acts of +Parliament." Is this all the force and power of +the covenant by which you would prevent the servants +of the Company from committing acts of fraud +and oppression, that they have nothing to do but to +amuse themselves with a tour of pleasure to Moorshedabad +in order to put any sum of money in their +pocket that they please?</p> + +<p>But they justify themselves by saying, such things +have been practised before. No doubt they have; +and these covenants were made that they should not +be practised any more. But your Lordships are desired +to say, that the very custom which the covenant +is made to destroy, the very grievance itse<span class='pagenum'><a name="Page_344" id="Page_344">{344}</a></span>lf, +may be pleaded; the abuse shall be admitted to destroy +the law made to prevent it. It is impossible, +I venture to say, that your Lordships should act thus. +The conduct of the criminal is not half so abhorrent +as the justification is affronting to justice, whilst it +tends to vilify and degrade the dignity of the Peerage +and the character of the Commons of Great Britain, +before the former and against the latter of which such +a justification is produced in the face of the world.</p> + +<p>At the same time that we call for your justice +upon this man, we beseech you to remember the +severest justice upon him is the tenderest pity towards +the innocent victims of his crimes. Consider +what was at that time the state of the people from +whom, in direct defiance of his covenant, he took this +sum of money. Were they at this time richer, were +they more opulent, was the state of the country more +flourishing than when Mr. Sumner, when Mr. Vansittart, +in short, than when the long line of Mr. Hastings's +predecessors visited that country? No, they +were not. Mr. Hastings at this very time had reduced +the Nabob's income from 450,000<i>l.</i> [400,000<i>l.</i>?] +sterling a year, exclusive of other considerable domains +and revenues, to 160,000<i>l.</i> He was, indeed, an +object of compassion. His revenues had not only been +reduced during his state of minority, but they were +reduced when he afterwards continued in a state in +which he could do no one valid act; and yet, in this +state, he was made competent to give away, under the +name of compensation for entertainments, the sum of +18,000<i>l.</i>,—perhaps at that time nearly all he had in +the world.</p> + +<p>Look at your minutes, and you will find Mr. Hastings +had just before this time said that the bread of<span class='pagenum'><a name="Page_345" id="Page_345">{345}</a></span> +ten thousand persons, many of them of high rank, +depended upon the means possessed by the Nabob +for their support,—that his heart was cut and afflicted +to see himself obliged to ruin and starve so +many of the Mahometan nobility, the greatest part +of whose yet remaining miserable allowances were +now taken away. You know, and you will forgive +me again remarking, that it is the nature of the +eagles and more generous birds of prey to fall upon +living, healthy victims, but that vultures and carrion +crows, and birds of that base and degenerate kind, +always prey upon dead or dying carcases. It is upon +ruined houses, it is upon decayed families, it is upon +extinguished nobility, that Mr. Hastings chooses to +prey, and to justify his making them his prey.</p> + +<p>But again we hear, my Lords, that it is a custom, +upon ceremonial and complimentary visits, to +receive these presents. Do not let us deceive ourselves. +Mr. Hastings was there upon no visit either +of ceremony or politics. He was a member, at that +time, of the Committee of Circuit, which went to +Moorshedabad for the purpose of establishing a system +of revenue in the country. He went up upon +that business only, as a member of the Committee +of Circuit, for which business he was, like other +members of the Committee of Circuit, amply paid, +in addition to his emoluments as Governor, which +amounted to about 30,000<i>l.</i> a year. Not satisfied +with those emoluments, and without incurring new +known expense of any kind or sort, he was paid for +the extra expenses of his journey, as appears in your +minutes, like other members of the Committee of +Circuit. In fact, he was on no visit there at all. +He was merely executing his duty in the settlement<span class='pagenum'><a name="Page_346" id="Page_346">{346}</a></span> +of the revenue, as a member of the Committee of +Circuit. I do not mean to praise the Committee +of Circuit in anyway: God forbid I should!—for +we know that it was a committee of robbers. He +was there as one of that committee, which I am +pretty well justified in describing as I have done, +because the Court of Directors, together with the +Board of Control, did, in the year 1786, declare that +the five years' settlement (which originated in that +committee) was a thing bought and sold: your Lordships +may read it whenever you please, in the 80th +paragraph of their letter.</p> + +<p>Your Lordships are now fully in possession of all +the facts upon which we charge the prisoner with +peculation, by extorting or receiving large sums of +money, upon pretence of visits, or in compensation +of entertainments. I appeal to your Lordships' consciences +for a serious and impartial consideration of +our charge. This is a business not to be hurried +over in the mass, as amongst the acts of a great man, +who may have his little errors among his great services; +no, you cannot, as a judicial body, huddle all +this into a hotchpotch, and decide upon it in a heap. +You will have to ask yourselves,—Is this justifiable +by his covenant? Is this justifiable by law? Is this +justifiable, under the circumstances of the case, by +an enlarged discretion? Is it to be justified under +any principles of humanity? Would it be justifiable +by local customs, if such were applicable to the case +in question? and even if it were, is it a practice fit +for an English Governor-General to follow?</p> + +<p>I dwell the longer upon this, because the fact is +avowed; the whole is an issue of law between us,—whether +a Governor-General, in such a case, ought to<span class='pagenum'><a name="Page_347" id="Page_347">{347}</a></span> +take such money; and therefore, before I finally dismiss +it, I beg leave to restate it briefly once more for +your Lordships' consideration.</p> + +<p>First I wish to leave fixed in your Lordships' +minds, what is distinctly fixed, and shall never go out +of ours, that his covenant did not allow him to take +above four hundred pounds as a present, upon any +pretence whatsoever.</p> + +<p>Your Lordships will observe we contend, that, if +there was a custom, this covenant puts an end to that +custom. It was declared and intended so to do. +The fact is, that, if such custom existed at all, it was +a custom applicable only to an ambassador or public +minister sent on a necessary complimentary visit to +a sovereign prince. We deny, positively, that there +is any such general custom. We say, that he never +was any such minister or that he ever went upon +any such complimentary visit. We affirm, that, +when he took this money, he was doing an act of +quite another nature, and came upon that business +only to Moorshedabad, the residence of the prince of +the country. Now do you call a man who is going +to execute a commission, a commission more severe +than those issued against bankrupts, a commission to +take away half a man's income, and to starve a whole +body of people dependent upon that income,—do +you call this a complimentary visit? Is this a visit +for which a man is to have great entertainments given +him? No, the pretence for taking this money is +worse than the act itself. When a man is going to +execute upon another such harsh cruelty, when he +is going upon a service at which he himself says his +mind must revolt, is that precisely the time when he +is to take from his undone host a present, as if he <span class='pagenum'><a name="Page_348" id="Page_348">{348}</a></span>was +upon a visit of compliment, or about to confer some +honor or benefit upon him,—to augment his revenues, +to add to his territories, or to conclude some +valuable treaty with him? Was this a proper time +to take at all from an helpless minor so large a sum +of money?</p> + +<p>And here I shall leave this matter for your Lordships' +consideration, after reminding you that this +poor Nabob is still at Moorshedabad, and at the mercy +of any English gentleman who may choose to take +18,000<i>l.</i>, or any other given sum of money from him, +after the example of the prisoner at your bar, if it +should be sanctioned by your connivance. Far different +was the example set him by General Clavering. +In page 1269 your Lordships will find the most honorable +testimony to the uprightness and fidelity of this +meritorious servant of the Company. It runs thus: +"Conceiving it to be the intention of the legislature +that the Governor-General and members of the Council +should receive no presents, either from the Indian +powers or any persons whatever, he [General Clavering] +has strictly complied, since his arrival here, both +with the spirit and the letter of the act of Parliament, +and has accordingly returned all the presents which +have been made to him." I have dwelt thus long +upon this subject, not merely upon account of its own +corrupt character, which has been sufficiently stigmatized +by my honorable colleague, but upon account of +the principle that is laid down by the prisoner, in his +defence of his conduct,—a principle directly leading +to a continuance of the same iniquitous practice, and +subversive of every attempt to check or control it.</p> + +<p>I must beg leave to recall your Lordships' attention +<span class='pagenum'><a name="Page_349" id="Page_349">{349}</a></span>to another, but similar instance of his peculation, +another and new mode of taking presents: I mean, +the present which Mr. Hastings took, through Gunga +Govind Sing, from those farmers of the revenues +amongst whom he had distributed the pillage of the +whole country. This scandalous breach of his covenant +he attempts to justify by the inward intention +of his own mind to apply the money so taken to the +public service. Upon this, my Lords, I shall only +observe, that this plea of an inward intention in his +own mind may, if admitted, justify any evil act whatever +of this kind. You have seen how presents from +the Nabob are justified; you have seen how the taking +a sum of money or allowance for entertainment, +directly contrary to the covenant, how that is attempted +to be justified; you see in what manner he justifies +this last-mentioned act of peculation; and your +Lordships will now have to decide upon the validity +of these pleas.</p> + +<p>There still remains, unobserved upon, an instance +of his malversation, wholly new in its kind, to which +I will venture to desire your Lordships very seriously +to turn your attention. In all the causes of peculation +or malversation in office that ever have been +tried before this high court, or before any lower +court of judicature, in all the judicial records of +modern crimes, or of antiquity, you will not find +anything in any degree like it. We have all, in our +early education, read the Verrine Orations. We +read them not merely to instruct us, as they will +do, in the principles of eloquence, and to acquaint us +with the manners, customs, and laws of the ancient +Romans, of which they are an abundant repository, +but we may read them from a much higher motive. +We may read them from a motive which the great<span class='pagenum'><a name="Page_350" id="Page_350">{350}</a></span> +author had doubtless in his view, when by publishing +them he left to the world and to the latest posterity +a monument by which it might be seen what course +a great public accuser in a great public cause ought +to pursue, and, as connected with it, what course +judges ought to pursue in deciding upon such a +cause. In these orations you will find almost every +instance of rapacity and peculation which we +charge upon Mr. Hastings. Undoubtedly, many Roman +and English governors have received corrupt +gifts and bribes, under various pretences. But in the +cause before your Lordships there is one species of +disgrace, in the conduct of the party accused, which +I defy you to find in Verres, or in the whole tribe +of Roman peculators, in any governor-general, proconsul, +or viceroy. I desire you to consider it not +included in any other class of crimes, but as a species +apart by itself. It is an individual, a single +case; but it is like the phœnix,—it makes a class or +species by itself: I mean the business of Nobkissin. +The money taken from him was not money pretended +to be received in lieu of entertainment; it was +not money taken from a farmer-general of revenue, +out of an idea that his profits were unreasonable, and +greater than government ought to allow; it was not +a donation from a great man, as an act of his bounty. +No, it was a sum of money taken from a private +individual,—or rather, as has been proved to you +by Mr. Larkins, his own book-keeper, money borrowed, +for which he had engaged to give his bond. +That he had actually deposited his bond for this +money Mr. Larkins has proved to you,—and that +the bond was carried to Nobkissin's credit, in his +account with the government. But Mr. Hastings,<span class='pagenum'><a name="Page_351" id="Page_351">{351}</a></span> +when he was called upon for the money, withdraws the +bond; he will not pay the money; he refused to +pay it upon the applications made to him both in +India and here at home; and he now comes to your +Lordships and says, "I borrowed this money, I intended +to give my bond for it, as has been proved +before you; but I must have it for my own use." +We have heard of governors being everything that is +bad and wicked; but a governor putting himself in +the situation of a common cheat, of a common swindler, +never was, I believe, heard of since the creation +of the world to this day. This does not taste of the +common oppressions of power; this does not taste of +the common abuses of office; but it in no way differs +from one of those base swindling cases that come +to be tried and heavily punished in the King's Bench +every day. This is neither more nor less than a plain, +barefaced cheat.</p> + +<p>Now, my Lords, let us see how it is justified. To +justify openly and directly a cheat, to justify a fraud +upon an individual, is reserved for our times. But, +good Heavens, what a justification have we here! +Oh, my Lords, consider into what a state Indian +corruption has brought us in this country, when any +person can be found to come to the bar of the House +of Lords and say, "I did cheat, I did defraud; I +did promise, and gave my bond; I have now withdrawn +it, but I will account for it to you as to a +gang of robbers concerned with me in the transaction. +I confess I robbed this man; but I have acted +as trustee for the gang. Observe what I have done +for the gang. Come forward, Mr. Auriol, and prove +what handsome budgeros I gave the company: were +not they elegantly painted, beautifully gilt, c<span class='pagenum'><a name="Page_352" id="Page_352">{352}</a></span>harming +and commodious? I made use of them as long as +I had occasion; and though they are little worse for +wear, and would hardly suffer the least percentage +deduction from prime cost upon them, I gave them +to the company. Oh, I did not put the money into +my own pocket. I provided for myself and wore a +suit of lace clothes, when I was Jew bail for some +of this company: it will turn, for it is hardly the +worse for wear, though I appeared two or three +times, in different characters, as bail for you on such +and such an occasion. I therefore set off these items +against this money which I gained by swindling on +your account. It is true I also picked such a one's +pocket of a watch; here it is; I have worn it as long +as it was convenient; now I give the watch to the +company, and let them send it to the pawnbroker +for what it will bring. Besides all this, I maintained +aide-de-camps for you, and gave them house-rent." +(By the way, my Lords, what sort of aide-de-camps +were these? Who made him a military man, and +to have such a legion of aide-de-camps?) "But," +says he, "I paid house-rent for them; that is, in +other words, I paid, at night-cellars and houses in +Saint Giles's, sixpence a week for some of the gang." +(This, my Lords, is the real spirit of the whole proceeding, +and more especially of the last item in it.) +"Then," says he, "I was the gang's schoolmaster, +and taught lessons on their account. I founded a +Mahometan school." (Your Lordships have already +heard something of this shameful affair, of this scene +of iniquity,—I think of such iniquity as the world +never yet had to blush at.) "I founded a Mahometan +college for your use; and I bore the expense of +it from September, 1780, when I placed a profes<span class='pagenum'><a name="Page_353" id="Page_353">{353}</a></span>sor +there, called Mudjed-o-Din."—This Mudjed-o-Din was +to perfect men, by contract, in all the arts and sciences, +in about six months; and the chief purpose of +the school was, as Mr. Hastings himself tells you, to +breed theologians, magistrates, and moulavies, that +is to say, judges and doctors of law, who were to be +something like our masters in chancery, the assessors +of judges, to assist them in their judgments. Such +was the college founded by Mr. Hastings, and he +soon afterwards appropriated one of the Company's +estates, (I am speaking of matters of public notoriety,) +worth 3,000<i>l.</i> a year, for its support. Heaven +be praised, that Mr. Hastings, when he was resolved +to be pious and munificent, and to be a great founder, +chose a Mahometan rather than a Christian foundation, +so that our religion was not disgraced by +such a foundation!</p> + +<p>Observe how he charges the expense of the foundation +to the Company twice over. He first makes them +set aside an estate of 3,000<i>l.</i> a year for its support. +In what manner this income was applied during Mr. +Hastings's stay in India no man living knows; but +we know, that, at his departure, one of the last acts +he did was to desire it should be put into the +hands of Mudjed-o-Din. He afterwards, as you have +seen, takes credit to himself with the Company for +the expenses relative to this college.</p> + +<p>I must now introduce your Lordships to the last +visitation that was made of this college. It was +visited by order of Lord Cornwallis in the year 1788, +upon the complaints made against it which I have +already mentioned to your Lordships,—that it was +a sink of filth, vermin, and misery. Mr. Chapman, +who was the visitor, and the friend of Mr. Hastin<span class='pagenum'><a name="Page_354" id="Page_354">{354}</a></span>gs, +declares that he could not sit in it even for a few +minutes; his words are,—"The wretched, squalid +figures that from every part ran out upon me appeared +to be more like anything else than students." +In fact, a universal outcry was raised by the whole +city against it, not only as a receptacle of every kind +of abuse, not only of filth and excrements which +made it stink in the natural nostrils, but of worse +filth, which made it insufferably offensive to the +moral nostrils of every inhabitant. Such is the account +given of a college supported at an expense +of 3,000<i>l.</i> a year, (a handsome foundation for a +college,) and for building which the Company was +charged 5,000<i>l.</i>: though no vouchers of its expenditure +were ever given by Mr. Hastings. But this +is not all. When Lord Cornwallis came to inquire +into it, he found that Mudjed-o-Din had sunk the income +of the estate from 3,000<i>l.</i> to 2,000<i>l.</i> a year,—in +short, that it had been a scene of peculation, both +by the masters and scholars, as well as of abandonment +to every kind of vicious and licentious courses; +and all this without the shadow of any benefit having +been derived from it. The visitors expressly inquired +whether there was any good mixed with all this evil; +and they found it was all bad and mischievous, from +one end to the other. Your Lordships will remark, +that the greatest part of this disgusting business must +have been known to Mr. Hastings when he gave to +Mudjed-o-Din the disposal of 3,000<i>l.</i> a year. And +now, my Lords, can you vote this money, expended +in the manner which I have stated to you, to be a +set-off in his favor, in an account for money which +was itself swindled from a private individual?</p> +<p><span class='pagenum'><a name="Page_355" id="Page_355">{355}</a></span></p> +<p>But there still remains behind another more serious +matter belonging to this affair; and I hope you +will not think that I am laying too much stress upon +it, when I declare, that, if I were to select from the +whole of his conduct one thing more dishonorable +than another to the British nation, it would be that +which I am now about to mention. I will leave your +Lordships to judge of the sincerity of this declaration, +when you shall have heard read a paper produced +by the prisoner in justification of conduct such +as I have stated his to have been. It is the <i>razinama</i>, +or attestation, of Munny Begum (the woman +whom Mr. Hastings placed in the seat of justice in +that country) concerning this college, made precisely +at the time of this inquisition by Lord Cornwallis into +the management of it. Your Lordships will see what +sort of things attestations are from that country: that +they are attestations procured in diametrical contradiction +to the certain knowledge of the party attesting. +It is in page 2350 of your Minutes. Indeed, +my Lords, these are pages which, unless they are +effaced by your judgment, will rise up in judgment +against us, some day or other.</p> + +<div class="blockquote"><p>"He [Mr. Hastings] respected the learned and +wise men, and, in order for the propagation of learning, +he built a college, and endowed it with a provision +for the maintenance of the students, insomuch +that thousands reaping the benefits thereof offer up +their prayers for the prosperity of the King of England, +and for the success of the Company."</p></div> + +<p>I must here remind your Lordships of another attestation +of the same character, and to the same effect. +It comes from Mahomed Reza Khân, who, as your +Lordships will remember, had been reduced by <span class='pagenum'><a name="Page_356" id="Page_356">{356}</a></span>Mr. +Hastings from a situation of the highest rank and +authority, with an income of suitable magnitude, to +one of comparative insignificance, with a small salary +annexed. This man is made to disgrace himself, +and to abet the disgrace and injury done to his country, +by bearing his testimony to the merits of this very +college.</p> + +<p>I hope your Lordships will never lose sight of this +aggravating circumstance of the prisoner's criminality,—namely, +that you never find any wicked, fraudulent, +and criminal act, in which you do not find the +persons who suffered by it, and must have been well +acquainted with it, to be the very persons who are +brought to attest in its favor. O Heaven! but let +shame for one moment veil its face, let indignation +suppress its feelings, whilst I again call upon you to +view all this as a mere swindling transaction, in which +the prisoner was attempting to defraud the Company.</p> + +<p>Mr. Hastings has declared, and you will find it upon +the Company's records, that this institution (which +cost the Company not less than 40,000<i>l.</i> in one way +or other) did not commence before October in the +year 1780; and he brings it before the board in April, +1781,—that is, about six months after its foundation. +Now look at his other account, in which he makes it +to begin in the year 1779, and in which he has therefore +overcharged the expenses of it a whole year.—But +Mr. Larkins, who kept this latter account for +him, may have been inaccurate.—Good Heavens! +where are we? Mr. Hastings, who was bred an +accountant, who was bred in all sorts of trade and +business, declares that he keeps no accounts. Then +comes Mr. Larkins, who keeps an account for him; +but he keeps a false account. Indeed, all the ac<span class='pagenum'><a name="Page_357" id="Page_357">{357}</a></span>counts +from India, from one end to another, are +nothing but a series of fraud, while Mr. Hastings +was concerned in them. Mr. Larkins, who keeps his +private account just as his master kept the public +accounts, has swindled from the Company a whole +year's expenses of this college. I should not thus +repeatedly dwell upon this transaction, but because I +wish your Lordships to be cautious how you admit +such accounts at all to be given in evidence, into the +truth of which you cannot penetrate in any regular +way. Upon the face of the two accounts there is a +gross fraud. It is no matter which is true or false, as +it is an account which you are in no situation to decide +upon. I lay down this as a fixed judicial rule, +that no judge ought to receive an account (which, is +as serious a part of a judicial proceeding as can be) +the correctness of which he has no means of ascertaining, +but must depend upon the sole word of the +accountant.</p> + +<p>Having stated, therefore, the nature of the offence, +which differs nothing from a common dog-trot fraud, +such as we see amongst the meanest of mankind, your +Lordships will be cautious how you admit these, or +any other of his pretended services, to be set off +against his crimes. These stand on record confessed +before you; the former, of which you can form no +just estimate, and into which you cannot enter, rest +for their truth upon his own assertions, and they all +are found, upon the very face of them, to carry marks +of fraud as well as of wickedness.</p> + +<p>I have only further to observe to your Lordships, +that this Mudjed-o-Din, who, under the patronage +of Mr. Hastings, was to do all these wonders, Lord +Cornwallis turned out of his office with every mar<span class='pagenum'><a name="Page_358" id="Page_358">{358}</a></span>k +of disgrace, when he attempted to put into some more +respectable state that establishment which Mr. Hastings +had made a sink of abuse.</p> + +<p>I here conclude all that I have to say upon this +business, trusting that your Lordships will feel yourselves +more offended, and justice more insulted, by +the defence than by the criminal acts of the prisoner +at your bar; and that your Lordships will concur +with us in thinking, that to make this unhappy people +make these attestations, knowing the direct contrary +of every word which they say to be the truth, is a +shocking aggravation of his guilt. I say they must +know it; for Lord Cornwallis tells you it is notorious; +and if you think fit to inquire into it, you will +find that it was unusually notorious.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, we have now brought to a conclusion +our observations upon the effects produced by that +mass of oppression which we have stated and proved +before your Lordships,—namely, its effects upon the +revenues, and upon the public servants of the Company. +We have shown you how greatly the former +were diminished, and in what manner the latter were +reduced to the worst of all bad states, a state of subserviency +to the will of the Governor-General. I have +shown your Lordships that in this state they were not +only rendered incapable of performing their own duty, +but were fitted for the worst of all purposes, coöperation +with him in the perpetration of his criminal acts, +and collusion with him in the concealment of them. +I have lastly to speak of these effects as they regard +the general state and welfare of the country. And +here your Lordships will permit me to read the evidence +given by Lord Cornwallis, a witness called by<span class='pagenum'><a name="Page_359" id="Page_359">{359}</a></span> +the prisoner at your bar, Mr. Hastings himself.</p> + + +<div class="blockquote"><p class="center"><i>The Evidence of Lord Cornwallis. Page 2721.</i></p> + +<p>"<i>Q.</i> Whether your Lordship recollects an account +that you have given to the Court of Directors, in +your letter of the 2d of August, 1789, concerning +the state of those provinces?—<i>A.</i> I really could not +venture to be particular as to any letter I may have +written so long since, as I have brought no copies +of my letters with me from India, having left them +at Bengal when I went to the coast.—<i>Q.</i> Whether +your Lordship recollects, in any letter that you +wrote about the 2d of August, 1789, paragraph 18, +any expressions to this effect, namely: 'I am sorry +to be obliged to say, that agriculture and internal +commerce have for many years been gradually declining, +and that at present, excepting the class of +shroffs and banians, who reside almost entirely in +great towns, the inhabitants of these provinces are +advancing hastily to a general state of poverty and +wretchedness':—whether your Lordship recollects +that you have written a letter to that effect?—<i>A.</i> +I cannot take upon me to recollect the words of a +letter that I have written five years ago, but I conclude +I must have written to that effect.—<i>Q.</i> +Whether your Lordship recollects that in the immediately +following paragraph, the 19th, you wrote +to this effect: 'In this description' (namely, the +foregone description) 'I must even include almost +every zemindar in the Company's territories, which, +though it may have been partly occasioned by their +own indolence and extravagance, I am afraid must +also be in a great measure attributed to the defects +of our former system of management.' (Paragraph<span class='pagenum'><a name="Page_360" id="Page_360">{360}</a></span> +20.) 'The settlement, in conformity to your orders, +will only be made for ten years certain, with the notification +of its being your intention to declare it a +perpetual, an unalterable assessment of these provinces, +if the amount and the principles upon which it +has been made should meet with your approbation':—whether +your Lordship recollects to have written +something to the effect of these two last paragraphs, +as well as of the first?—<i>A.</i> I do recollect that I +did write it; but in that letter I alluded to the former +system of annual assessments.—<i>Q.</i> Whether +your Lordship recollects that you wrote, on or +about the 18th of September, 1789, in one of your +minutes, thus: 'I may safely assert that one third of +the Company's territory in Hindostan is now a jungle, +inhabited only by wild beasts: will a ten years' +lease induce any proprietor to clear away that jungle, +and encourage the ryot to come and cultivate +his lands, when at the end of that lease he must +either submit to be taxed <i>ad libitum</i> for the newly +cultivated lands, or lose all hopes of deriving any +benefit from his labor, for which perhaps by that +time he will hardly be repaid?'—whether your +Lordship recollects a minute to that effect?—<i>A.</i> +I perfectly recollect to have written that minute.—<i>Q.</i> +Now with respect to a letter, dated November the +3d, 1788, paragraph 38, containing the following sentiments: +'I shall therefore only remark in general, +that, from frequent changes of system or other reasons, +much is wanting to establish good order and +regulations in the internal business of the country, +and that, from various causes, by far the greatest +part of the zemindars, and other landholders and +renters, are fallen into a state much below that<span class='pagenum'><a name="Page_361" id="Page_361">{361}</a></span> of +wealth and affluence. This country, however, when +the fertility of its soil, and the industry and ingenuity +of its numerous inhabitants are taken into consideration, +must unquestionably be admitted to be +one of the finest in the world; and, with the uniform +attention of government to moderation in exaction, +and to a due administration of justice, may +long prove a source of great riches both to the Company +and to Britain.' (Paragraph 39.) 'I am persuaded, +that, by a train of judicious measures, the +land revenue of these provinces is capable in time +of being increased; but, consistent with the principles +of humanity, and even those of your own interest, it +is only by adopting measures for the gradual cultivation +and improvement of these waste lands, and +by a gentle and cautious plan for the resumption of +lands that have been fraudulently alienated, that it +ought ever to be attempted to be accomplished. +Men of speculative and sanguine dispositions, and +others, either from ignorance of the subject, or with +views of recommending themselves to your favor, +may confidently hold forth specious grounds to encourage +you to hope that a great and immediate +accession to that branch of your revenue might be +practicable. My public duty obliges me to caution +you, in the most serious manner, against listening to +propositions which recommend this attempt; because +I am clearly convinced, that, if carried into execution, +they would be attended with the most baneful +consequences.' (Paragraph 40.) 'Desperate adventurers, +without fortune or character, would undoubtedly +be found, as has already been too often experienced, +to rent the different districts of the country +at the highest rates that could be put upon th<span class='pagenum'><a name="Page_362" id="Page_362">{362}</a></span>em; +that [but?] the delusion would be of a short duration, +and the impolicy and inhumanity of the plan +would, when perhaps too late for effectual remedy, +become apparent by the complaints of the people and +the disappointments at the treasury in the payments +of the revenue, and would probably terminate in the +ruin and depopulation of the unfortunate country':—whether +your Lordship recollects to have written +anything to that effect about that time?—<i>A.</i> I perfectly +recollect having written the extracts that have +been read."</p></div> + +<p>My Lords, Lord Cornwallis has been called, he has +been examined before you. We stopped our proceedings +ten days for the purpose of taking his evidence. +We do not regret this delay. And he has +borne the testimony which you have heard to the +effects of Mr. Hastings's government of a country +once the most fertile and cultivated, of a people the +most industrious, flourishing, and happy,—that the +one was wasted and desolated, the other reduced +to a condition of want and misery, and that the +zemindars, that is, the nobility and gentry of the +country, were so beggared as not to be able to give +even a common decent education to their children, +notwithstanding the foundation of Mr. Hastings's +colleges. You have heard this noble person, who +had been an eye-witness of what he relates, supplicating +for their relief, and expressly stating that +most of the complicated miseries, and perhaps the +cruelest of the afflictions they endured, arose from +the management of the country having been taken +out of the hands of its natural rulers, and given +up to Mr. Hastings's farmers, namely, the banians<span class='pagenum'><a name="Page_363" id="Page_363">{363}</a></span> of +Calcutta. These are the things that ought to go +to your Lordships' hearts. You see a country wasted +and desolated. You see a third of it become a +jungle for wild beasts. You see the other parts oppressed +by persons in the form and shape of men, +but with all the character and disposition of beasts +of prey. This state of the country is brought before +you, and by the most unexceptionable evidence,—being +brought forward through Mr. Hastings himself. +This evidence, whatever opinion you may entertain +of the effrontery or of the impudence of the criminal +who has produced it, is of double and treble force. +And yet at the very time when Lord Cornwallis is +giving this statement of the country and its inhabitants, +at the very time when he is calling for pity +upon their condition, are these people brought forward +to bear testimony to the benign and auspicious +government of Mr. Hastings, directed, as your Lordships +know it was, by the merciful and upright Gunga +Govind Sing.</p> + +<p>My Lords, you have now the evidence of Lord +Cornwallis on the one hand, and the razinamas of +India on the other. But before I dismiss this part of +my subject, I must call your Lordships' attention to +another authority,—to a declaration, strictly speaking, +<i>legal</i>, of the state to which our Indian provinces +were reduced, and of the oppressions which they have +suffered, during the government of Mr. Hastings: +I speak of the act 24 Geo. III. cap. 25, intituled, +"An act for the better regulation and management +of the affairs of the East India Company, and of the +British possessions in India, and for establishing a +court of judicature for the more speedy and effectual +trial of persons accused of offences committed in the<span class='pagenum'><a name="Page_364" id="Page_364">{364}</a></span> +East Indies," § 39.</p> + +<p>My Lords, here is an act of Parliament; here are +regulations enacted in consequence of an inquiry +which had been directed to be made into the grievances +of India, for the redress of them. This act of +Parliament declares the existence of oppressions in the +country. What oppressions were they? The oppressions +which it suffered by being let out to the farmers +of the Company's revenues. Who was the person that +sold these revenues to the farmers? Warren Hastings. +By whom were these oppressions notified to +the Court of Directors? By Lord Cornwallis. Upon +what occasion were these letters written by my Lord +Cornwallis? They were answers to inquiries made +by the Court of Directors, and ordered by an act of +Parliament to be made. The existence, then, of the +grievances, and the cause of them, are expressly declared +in an act of Parliament. It orders an inquiry; +and Lord Cornwallis, in consequence of that inquiry, +transmits to the Court of Directors this very +information; he gives you this identical state of the +country: so that it is consolidated, mixed, and embodied +with an act of Parliament itself, which no +power on earth, I trust, but the power that made it, +can shake. I trust, I say, that neither we, the Commons, +nor you, the Lords, nor his Majesty, the sovereign +of this country, can shake one word of this +act of Parliament,—can invalidate the truth of its +declaration, or the authority of the persons, men of +high honor and character, that made that inquiry +and this report. Your Lordships must repeal this +act in order to acquit Mr. Hastings.</p> + +<p>But Mr. Hastings and his counsel have produced +evidence against this act of Parliament, against<span class='pagenum'><a name="Page_365" id="Page_365">{365}</a></span> the +order of the Court of Directors by which an inquiry +and report were made under that act, against Lord +Cornwallis's return to that inquiry; and now, once +for all, hear what the miserable wretches are themselves +made to say, to invalidate the act of Parliament, +to invalidate the authority of the Court of Directors, +to invalidate the evidence of an official return of Lord +Cornwallis under the act. Pray hear what these miserable +creatures describe as an elysium, speaking with +rapture of their satisfaction, under the government of +Mr. Hastings.</p> + +<div class="blockquote"><p>"All we zemindars, chowdries, and talookdars of +the district of Akbarnagur, commonly called Rajamahal, +in the kingdom of Bengal, have heard that the +gentlemen in England are displeased with Mr. Hastings, +on suspicion that he oppressed us inhabitants +of this place, took our money by deceit and force, and +ruined the country; therefore we, upon the strength +of our religion and religious tenets, which we hold +as a duty upon us, and in order to act conformable +to the duties of God in delivering evidence, relate +the praiseworthy actions, full of prudence and rectitude, +friendship and politeness, of Mr. Hastings, +possessed of great abilities and understanding, and, +by representing facts, remove the doubts that have +possessed the minds of the gentlemen in England;—that +Mr. Hastings distributed protection and security +to religion, and kindness and peace to all; he is free +from the charge of embezzlement and fraud, and that +his heart is void of covetousness and avidity; during +the period of his government, no one experienced +from him other than protection and justice, never +having felt hardships from him, nor did the poor <span class='pagenum'><a name="Page_366" id="Page_366">{366}</a></span>ever +know the weight of an oppressive hand from him; +our characters and reputations have always been +guarded in quiet from attack by the vigilance of his +power and foresight, and preserved by the terror of +his justice; he never omitted the smallest instance +of kindness and goodness towards us and those entitled +to it, but always applied by soothings and mildness +the salve of comfort to the wounds of affliction, +not allowing a single person to be overwhelmed by +despair; he displayed his friendship and kindness to +all; he destroyed the power of the enemies and +wicked men by the strength of his terror; he tied the +hands of tyrants and oppressors by his justice, and by +this conduct he secured happiness and joy to us; he +reëstablished the foundation of justice, and we at all +times, during his government, lived in comfort and +passed our days in peace; we are many, many of us +satisfied and pleased with him. As Mr. Hastings +was perfectly well acquainted with the manners and +customs of these countries, he was always desirous of +performing that which would tend to the preservation +of our religion, and of the duties of our sects, and +guard the religious customs of each from the effects +of misfortune and accidents; in every sense he treated +us with attention and respect. We have represented +without deceit what we have ourselves seen, and +the facts that happened from him."</p></div> + +<p>This, my Lords, is in page 2374 of the printed +Minutes.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, we spare you the reading of a great +number of these attestations; they are all written in +the same style; and it must appear to your Lordships +a little extraordinary, that, as they are said <span class='pagenum'><a name="Page_367" id="Page_367">{367}</a></span>to +be totally voluntary, as the people are represented to +be crowding to make these testimonials, there should +be such an unison in the heart to produce a language +that is so uniform as not to vary so much as in a +single tittle,—that every part of the country, every +province, every district, men of every caste and of +every religion, should all unite in expressing their +sentiments in the very same words and in the very +same phrases. I must fairly say it is a kind of miraculous +concurrence, a miraculous gratitude. Mr. +Hastings says that gratitude is lost in this part of +the world. There it blooms and flourishes in a way +not to be described. In proportion as you hear of +the miseries and distresses of these very people, in +the same proportion do they express their comfort +and satisfaction, and that they never knew what a +grievance was of any sort. Lord Cornwallis finds +them aggrieved, the Court of Directors find them +aggrieved, the Parliament of Great Britain find them +aggrieved, and the court here find them aggrieved; +but they never found themselves aggrieved. Their +being turned out of house and home, and having all +their land given to farmers of revenue for five years +to riot in and despoil them of all they had, is what +fills them with rapture. They are the only people, +I believe, upon the face of the earth, that have no +complaints to make of their government, in any instance +whatever. Theirs must be something superior +to the government of angels; for I verily believe, +that, if one out of the choir of the heavenly angels +were sent to govern the earth, such is the nature of +man, that many would be found discontented with it. +But these people have no complaint, they feel no +hardships, no sorrow; Mr. Hastings has realized<span class='pagenum'><a name="Page_368" id="Page_368">{368}</a></span> +more than the golden age. I am ashamed for human +nature, I am ashamed for our government, I am +ashamed for this court of justice, that these things +are brought before us; but here they are, and we +must observe upon them.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, we have done, on our part; we have +made out our case; and it only remains for me to +make a few observations upon what Mr. Hastings +has thought proper to put forward in his defence. +Does he meet our case with anything but these general +attestations, upon which I must first remark, +that there is not one single matter of fact touched +upon in them? Your Lordships will observe, and +you may hunt them out through the whole body of +your minutes, that you do not find a single fact mentioned +in any of them. But there is an abundance of +panegyric; and if we were doing nothing but making +satires, as the newspapers charge us with doing, +against Mr. Hastings, panegyric would be a good +answer.</p> + +<p>But Mr. Hastings sets up pleas of merit upon this +occasion. Now, undoubtedly, no plea of merit can +be admitted to extinguish, as your Lordships know +very well, a direct charge of crime. Merit cannot +extinguish crime. For instance, if Lord Howe, to +whom this country owes so much as it owes this day +for the great and glorious victory which makes our +hearts glad, and I hope will insure the security of +this country,—yet if Lord Howe, I say, was charged +with embezzling the King's stores, or applying them +in any manner unbecoming his situation, to any +shameful or scandalous purpose,—if he was accused +of taking advantage of his station, to oppress any<span class='pagenum'><a name="Page_369" id="Page_369">{369}</a></span> of +the captains of his ships,—if he was stated to have +gone into a port of the allies of this country, and to +have plundered the inhabitants, to have robbed their +women, and broken into the recesses of their apartments,—if +he had committed atrocities like these, +his glorious victory could not change the nature and +quality of such acts. My Lord Malmesbury has been +lately sent to the King of Prussia; we hope and +trust that his embassy will be successful, and that +this country will derive great benefit from his negotiations; +but if Lord Malmesbury, from any subsidy +that was to be paid to the King of Prussia, was to put +50,000<i>l.</i> in his own pocket, I believe that his making +a good and advantageous treaty with the King of Prussia +would never be thought a good defence for him. +We admit, that, if a man has done great and eminent +services, though they cannot be a defence against +a charge of crimes, and cannot obliterate them, yet, +when sentence comes to be passed upon such a man, +you will consider, first, whether his transgressions were +common lapses of human frailty, and whether the +nature and weight of the grievances resulting from +them were light in comparison with the services performed. +I say that you cannot acquit him; but your +Lordships might think some pity due to him, that +might mitigate the severity of your sentence. In the +second place, you would consider whether the evidence +of the services alleged to be performed was as clear +and undoubted as that of the crimes charged. I confess, +that, if a man has done great services, it may be +some alleviation of lighter faults; but then they ought +to be urged as such,—with modesty, with humility, +with confession of the faults, and not with a proud +and insolent defiance. They should not be stated as<span class='pagenum'><a name="Page_370" id="Page_370">{370}</a></span> +proofs that he stands justified in the eye of mankind +for committing unexampled and enormous crimes. +Indeed, humility, suppliant guilt, always makes impression +in our bosoms, so that, when we see it before +us, we always remember that we are all frail +men; and nothing but a proud defiance of law and +justice can make us forget this for one moment. I +believe the Commons of Great Britain, and I hope +the persons that speak to you, know very well how +to allow for the faults and frailties of mankind equitably.</p> + +<p>Let us now see what are the merits which Mr. +Hastings has set up against the just vengeance of his +country, and against his proved delinquencies. From +the language of the prisoner, and of his counsel, you +would imagine some great, known, acknowledged services +had been done by him. Your Lordships recollect +that most of these presumed services have been +considered, and we are persuaded justly considered, +as in themselves crimes. He wishes your Lordships +to suppose and believe that these services were put +aside either because we could not prove the facts +against him or could not make out that they were +criminal, and consequently that your Lordships ought +to presume them to have been meritorious; and this +is one of the grounds upon which he demands to be +acquitted of the charges that have been brought +forward and proved against him. Finding in our +proceedings, and recorded upon our journals, an immense +mass of criminality with which he is charged, +and finding that we had selected, as we were bound +to select, such parts as might be most conveniently +brought before your Lordships, (for to have gone +through the whole would have been nearly impossi<span class='pagenum'><a name="Page_371" id="Page_371">{371}</a></span>ble,) +he takes all the rest that we have left behind +and have not brought here as charges, and converts +them, by a strange metamorphosis, into merits.</p> + +<p>My Lords, we must insist, on the part of the House +of Commons, we must conjure your Lordships, for +the honor of a coördinate branch of the legislature, +that, whenever you are called upon to admit what we +have condemned as crimes to be merits, you will at +least give us an opportunity of being heard upon the +matter,—that you will not suffer Mr. Hastings, when +attempting to defend himself against our charges, in +an indirect and oblique manner to condemn or censure +the House of Commons itself, as having misrepresented +to be crimes the acts of a meritorious +servant of the public. Mr. Hastings has pleaded a +variety of merits, and every one of these merits, without +the exception of one of them, have been either directly +censured by the House of Commons, and censured +as a ground for legislative provision, or they +remain upon the records of the House of Commons, +with the vouchers for them, and proofs; and though +we have not actually come to the question upon every +one of them, we had come, before the year 1782, to +forty-five direct resolutions upon his conduct. These +resolutions were moved by a person to whom this +country is under many obligations, and whom we +must always mention with honor, whenever we are +speaking of high situations in this country, and of +great talents to support them, and of long public +services in the House of Commons: I mean Mr. +Dundas, then Lord Advocate of Scotland, and now +one of the principal Secretaries of State, and at the +head, and worthily and deservedly at the head, of +the East Indian department. This distinguished<span class='pagenum'><a name="Page_372" id="Page_372">{372}</a></span> +statesman moved forty-five resolutions, the major part +of them directly condemning these very acts which +Mr. Hastings has pleaded as his merits, as being delinquencies +and crimes. All that the House of Commons +implore of your Lordships is, that you will not +take these things, which we call crimes, to be merits, +without hearing the House of Commons upon the +subject-matter of them. I am sure you are too noble +and too generous, as well as too just and equitable, +to act in such a manner.</p> + +<p>The first thing that Mr. Hastings brings forward +in his defence is, that, whereas the Company were +obliged to pay a certain tribute to the Mogul, in consideration +of a grant by which the Moguls gave to +us the legal title under which we hold the provinces +of Bengal, Bahar, and Orissa, he did stop the payment +of that tribute, or acknowledgment, small as it +was,—that, though bound by a treaty recognized by +the Company and recognized by the nation, though +bound by the very sunnud by which he held the very +office he was exercising, yet he had broken the treaty, +and refused to pay the stipulated acknowledgment. +Where are we, my Lords? Is this merit? Good +God Almighty! the greatest blockhead, the most ignorant, +miserable wretch, a person without either virtue +or talents, has nothing to do but to order a clerk to +strike a pen through such an account, and then to +make a merit of it to you. "Oh!" says he, "I have +by a mere breach of your faith, by a single dash of +my pen, saved you all this money which you were +bound to pay. I have exonerated you from the payment +of it. I have gained you 250,000<i>l.</i> a year forever. +Will you not reward a person who did you such +a great and important service, by conniving a<span class='pagenum'><a name="Page_373" id="Page_373">{373}</a></span> little +at his delinquencies?"</p> + +<p>But the House of Commons will not allow that +this was a great and important service; on the contrary, +they have declared the act itself to be censurable. +There is our resolution,—Resolution the 7th:—</p> + +<p>"That the conduct of the Company and their +servants in India to the King," (meaning the Mogul +king) "and Nudjif Khân, with respect to the tribute +payable to the one, and the stipend to the other, and +with respect to the transfer of the provinces of Corah, +and Allahabad to the Vizier, was contrary to policy +and good faith; and that such wise and practicable +measures should be adopted in future as may tend +to redeem the national honor, and recover the confidence +and attachment of the princes of India."</p> + +<p>This act of injustice, against which we have fulminated +the thunder of our resolutions as a heavy +crime, as a crime that dishonored the nation, and +which measures ought to be taken to redress, this +man has the insolence to bring before your Lordships +as a set-off against the crimes we charge him with. +This outrageous defiance of the House of Commons, +this outrageous defiance of all the laws of his country, +I hope your Lordships will not countenance. +You will not let it pass for nothing: on the contrary, +you will consider it as aggravating heavily his crimes. +And, above all, you will not suffer him to set off this, +which we have declared to be injurious to our national +honor and credit, and which he himself does not +deny to be a breach of the public faith, against other +breaches of the public faith with which we charge +him,—or to justify one class of public crimes by +proving that he has committed others.</p> +<p><span class='pagenum'><a name="Page_374" id="Page_374">{374}</a></span></p> +<p>Your Lordships see that he justifies this crime upon +the plea of its being profitable to the Company; +but he shall not march off even on this ground with +flying colors. My Lords, pray observe in what manner +he calculates these profits. Your Lordships will +find that he makes up the account of them much +in the same manner as he made up the account of +Nobkissin's money. There is, indeed, no account +which he has ever brought forth that does not carry +upon it not only ill faith and national dishonor, +but direct proofs of corruption. When Mr. Hastings +values himself upon this shocking and outrageous +breach of faith, which required nothing but a base +and illiberal mind, without either talents, courage, or +skill, except that courage which defies all consequences, +which defies shame, which defies the judgment +and opinion of his country and of mankind, no other +talents than may be displayed by the dash of a pen, +you will at least expect to see a clear and distinct +account of what was gained by it.</p> + +<p>In the year 1775, at a period when Mr. Hastings +was under an eclipse, when honor and virtue, in the +character of General Clavering, Colonel Monson, and +Mr. Francis, sat for a short period at the Council-Board,—during +that time, Mr. Hastings's conduct +upon this occasion was called into question. They +called for an account of the revenues of the country,—what +was received, and what had been paid; +and in the account returned they found the amount +of the tribute due to the Mogul, 250,000<i>l.</i>, entered +as paid up to October, 1774. Thus far all appeared +fair upon the face of it; they took it for granted, as +your Lordships would take it for granted, at the first +view, that the tribute in reality had been paid up to +the time stated. The books were balanced: you<span class='pagenum'><a name="Page_375" id="Page_375">{375}</a></span> +find a debtor; you find a creditor; every item posted +in as regular a manner as possible. Whilst they +were examining this account, a Mr. Croftes, of whom +your Lordships have heard very often, as accountant-general, +comes forward and declares that there +was a little error in the account. And what was +the error? That he had entered the Mogul's tribute +for one year more than it had actually been paid. +Here we have the small error of a payment to the +Mogul of 250,000<i>l.</i> This appeared strange. "Why," +says Mr. Croftes, "I never discovered it; nor was +it ever intimated to me that it had been stopped +from October, 1773, till the other day, when I was +informed that I ought not to have made an entry +of the last payments." These were his expressions. +You will find the whole relation in the Bengal Appendix, +printed by the orders of the Court of Directors. +When Mr. Croftes was asked a very natural question, +"Who first told you of your mistake? who acquainted +you with Mr. Hastings's orders that the payment +should be expunged from the account?" what is his +answer? It is an answer worthy of Mr. Middleton, +an answer worthy of Mr. Larkins, or of any of the +other white banians of Mr. Hastings:—"Oh, I have +forgotten." Here you have an accountant-general +kept in ignorance, or who pretends to be ignorant, +of so large a payment as 250,000<i>l.</i>; who enters it +falsely in his account; and when asked who apprised +him of his mistake, says that he has really forgotten.</p> + +<p>Oh, my Lords, what resources there are in oblivion! +what resources there are in bad memory! No genius +ever has done so much for mankind as this mental +defect has done for Mr. Hastings's accountants. It +was said by one of the ancient philosophers, to a <span class='pagenum'><a name="Page_376" id="Page_376">{376}</a></span>man +who proposed to teach people memory,—"I wish +you could teach me oblivion; I wish you could teach +me to forget." These people have certainly not been +taught the art of memory, but they appear perfect +masters of the art of forgetting. My Lords, this is +not all; and I must request your Lordships' attention +to the whole of the account, as it appears in +the account of the arrears due to the King, annexed +to your minutes. Here is a kind of labyrinth, where +fraud runs into fraud. On the credit side you find +stated there, eight lacs paid to the Vizier, and to be +taken from the Mogul's tribute, for the support of an +army, of which he himself had stipulated to bear the +whole expenses. These eight lacs are thus fraudulently +accounted for upon the face of the thing; and +with respect to eighteen lacs, the remainder of the +tribute, there is no account given of it at all. This +sum Mr. Hastings must, therefore, have pocketed for +his own use, or that of his gang of peculators; and +whilst he was pretending to save you eight lacs by one +fraud, he committed another fraud of eighteen lacs for +himself: and this is the method by which one act of +peculation begets another in the economy of fraud.</p> + +<p>Thus much of these affairs I think myself bound +to state to your Lordships upon this occasion; for, +although not one word has been produced by the +counsel to support the allegations of the prisoner at +your bar, yet, knowing that your Lordships, high as +you are, are still but men, knowing also that bold +assertions and confident declarations are apt to make +some impression upon all men's minds, we oppose +his allegations. But how do we oppose them? Not +by things of the like nature. We oppose them by +showing you that the House of Commons, after di<span class='pagenum'><a name="Page_377" id="Page_377">{377}</a></span>ligent +investigation, has condemned them, and by stating +the grounds upon which the House founded its +condemnation. We send you to the records of the +Company, if you want to pursue this matter further, +to enlighten your own minds upon the subject. Do +not think, my Lords, that we are not aware how +ridiculous it is for either party, the accuser or the +accused, to make here any assertions without producing +vouchers for them: we know it; but we are +prepared and ready to take upon us the proof; and +we should be ashamed to assert anything that we are +not able directly to substantiate by an immediate reference +to uncontradicted evidence.</p> + +<p>With regard to the merits pleaded by the prisoner, +we could efface that plea with a single stroke, by +saying there is no evidence before your Lordships +of any such merits. But we have done more: we +have shown you that the things which he has set up +as merits are atrocious crimes, and that there is not +one of them which does not, in the very nature and +circumstances of it, carry evidence of base corruption, +as well as of flagrant injustice and notorious breach +of public faith.</p> + +<p>The next thing that he takes credit for is precisely +an act of this description. The Mogul had, by +solemn stipulation with the Company, a royal domain +insured to him, consisting of two provinces, Corah +and Allahabad. Of both these provinces Mr. Hastings +deprived the Mogul, upon weak pretences, if +proved in point of fact, but which were never proved +in any sense, against him. I allude particularly to +his alleged alliance with the Mahrattas,—a people, +by the way, with whom we were not then at war, and +with whom he had as good a right as Nudjif Khân to<span class='pagenum'><a name="Page_378" id="Page_378">{378}</a></span> +enter into alliance at that time. He takes these domains, +almost the last wrecks of empire left to the +descendant of Tamerlane, from the man, I say, to +whose voluntary grants we owe it that we have put a +foot in Bengal. Surely, we ought, at least, to have +kept our faith in leaving this last retreat to that +unfortunate prince. The House of Commons was +of that opinion, and consequently they resolved, +"That the transfer of Corah and Allahabad to the +Vizier was contrary to policy and good faith." This +is what the Commons think of this business which +Mr. Hastings pleads as merits.</p> + +<p>But I have not yet done with it. These provinces +are estimated as worth twenty-two lacs, or thereabouts, +that is, about 220,000<i>l.</i>, a year. I believe they were +improvable to a good deal more. But what does Mr. +Hastings do? Instead of taking them into the Company's +possession for the purpose of preserving them +for the Mogul, upon the event of our being better +satisfied with his conduct, or of appropriating them +to the Company's advantage, he sells them to the +Nabob of Oude, who he knew had the art, above all +men, of destroying a country which he was to keep, +or which he might fear he was not to keep, permanent +possession of. And what do you think he sold them +for? He sold them at a little more than two years' +purchase. Will any man believe that Mr. Hastings, +when he sold these provinces to the Vizier for two +years' purchase, and when there was no man that +would not have given ten years' purchase for them, +did not put the difference between the real and pretended +value into his own pocket, and that of his associates?</p> +<p><span class='pagenum'><a name="Page_379" id="Page_379">{379}</a></span></p> +<p>We charge, therefore, first, that this act for which +he assumes merit was in itself a breach of faith; +next, that the sale of these provinces was scandalously +conducted; and thirdly, that this sale, at one +fifth of the real value, was effected for corrupt purposes. +Thus an act of threefold delinquency is one +of the merits stated with great pomp by his counsel.</p> + +<p>Another of his merits is the stoppage of the pension +which the Company was under an obligation to +pay to Nudjif Khân: a matter which, even if admitted to +be a merit, is certainly not worth, as a set-off, +much consideration.</p> + +<p>But there is another set-off of merit upon which +he plumes himself, and sets an exceedingly high +value: the sale of the Rohilla nation to that worthless +tyrant, the Vizier, their cruel and bitter enemy,—the +cruelest tyrant, perhaps, that ever existed, and +their most implacable enemy, if we except Mr. Hastings, +who appears to have had a concealed degree of +animosity, public, private, or political, against them. +To this man he sold this whole nation, whose country, +cultivated like a garden, was soon reduced, as +Mr. Hastings, from the character of the Vizier, knew +would be the consequence, to a mere desert, for +400,000<i>l.</i> He sent a brigade of our troops to assist +the Vizier in extirpating these people, who were the +bravest, the most honorable, and generous nation upon +earth. Those who were not left slaughtered to rot +upon the soil of their native country were cruelly expelled +from it, and sent to publish the merciless and +scandalous behavior of Great Britain from one end +of India to the other. I believe there is not an honest, +ingenuous, or feeling heart upon the face of the +globe, I believe there is no man possessing the least +degree of regard to honor and justice, humanity and<span class='pagenum'><a name="Page_380" id="Page_380">{380}</a></span> +good policy, that did not reprobate this act. The +Court of Directors, when they heard of it, reprobated +it in the strongest manner; the Court of Proprietors +reprobated it in the strongest manner; by the House +of Commons, after the most diligent investigation, it +was, in a resolution moved by Mr. Dundas, reprobated +in the strongest manner: and this is the act +which Mr. Hastings brings forward before your Lordships +as a merit.</p> + +<p>But, again, I can prove that in this, perhaps the +most atrocious of all his demerits, there is a most +horrid and nefarious secret corruption lurking. I +can tell your Lordships that Sir Robert Barker was +offered by this Vizier, for about one half of this very +country, namely, the country of the Rohillas, a sum +of fifty lacs of rupees,—that is, 500,000<i>l.</i> Mr. Hastings +was informed of this offer by Sir Robert Barker, +in his letter of the 24th March, 1773. Still, in the +face of this information, Mr. Hastings took for the +Company only forty lacs of rupees. I leave your +Lordships to draw your own conclusion from these +facts. You will judge what became of the difference +between the price offered and the price accounted +for as taken. Nothing on earth can hide from mankind +why Mr. Hastings made this wicked, corrupt +bargain for the extermination of a brave and generous +people,—why he took 400,000<i>l.</i> for the whole +of that, for half of which he was offered and knew he +might have had 500,000<i>l.</i></p> + +<p>Your Lordships will observe, that for all these +facts there is no evidence, on the one side or on the +other, directly before you. Their merits have been +insisted upon, in long and laborious details and discussions, +both by Mr. Hastings himself and by his<span class='pagenum'><a name="Page_381" id="Page_381">{381}</a></span> +counsel. We have answered them for that reason; +but we answer them with a direct reference to records +and papers, from which your Lordships may judge +of them as set-offs and merits. I believe your Lordships +will now hardly receive them as merits to set +off guilt, since in every one of them there is both +guilt in the act, and strong ground for presuming +that he had corruptly taken money for himself.</p> + +<p>The last act of merit that has been insisted upon +by his counsel is the Mahratta peace. They have +stated to you the distresses of the Company to justify +the unhandsome and improper means that he +took of making this peace. Mr. Hastings himself +has laid hold of the same opportunity of magnifying +the difficulties which, during his government, he had +to contend with. Here he displays all his tactics. +He spreads all his sails, and here catches every gale. +He says, "I found all India confederated against +you. I found not the Mahrattas alone; I found war +through a hundred hostile states fulminated against +you; I found the Peshwa, the Nizam, Hyder Ali, the +Rajah of Berar, all combined together for your destruction. +I stemmed the torrent: fortitude is my +character. I faced and overcame all these difficulties, +till I landed your affairs safe on shore, till I +stood the saviour of India."</p> + +<p>My Lords, we of the House of Commons have before +heard all this; but we cannot forget that we +examined into every part of it, and that we did not +find a single fact stated by him that was not a ground +of censure and reprobation. The House of Commons, in +the resolutions to which I have alluded, +have declared, that Mr. Hastings, the first author of +these proceedings, took advantage of an ambiguous<span class='pagenum'><a name="Page_382" id="Page_382">{382}</a></span> +letter of the Court of Directors to break and violate +the most solemn, the most advantageous, and useful +treaty that the Company had ever made in India; +and that this conduct of his produced the strange +and unnatural junction which he says he found +formed against the Company, and with which he +had to combat. I should trouble your Lordships +with but a brief statement of the facts; and if I do +not enter more at large in observing upon them, +it is because I cannot but feel shocked at the indecency +and impropriety of your being obliged to hear +of that as merit which the House of Commons has +condemned in every part. Your Lordships received +obliquely evidence from the prisoner at your bar +upon this subject; yet, when we came and desired +your full inquiry into it, your Lordships, for wise +and just reasons, I have no doubt, refused our request. +I must, however, again protest on the part +of the Commons against your Lordships receiving +such evidence at all as relevant to your judgment, +unless the House of Commons is fully heard upon it.</p> + +<p>But to proceed.—The government of Bombay +had offended the Mahratta States by a most violent +and scandalous aggression. They afterwards made +a treaty of peace with them, honorable and advantageous +to the Company. This treaty was made by +Colonel Upton, and is called the Treaty of Poorunder. +Mr. Hastings broke that treaty, upon his declared +principle, that you are to look in war for the resources +of your government. All India was at that time +in peace. Hyder Ali did not dare to attack us, because +he was afraid that his natural enemies, the +Mahrattas, would fall upon him. The Nizam could +not attack us, because he was also afraid of th<span class='pagenum'><a name="Page_383" id="Page_383">{383}</a></span>e Mahrattas. +The Mahratta state itself was divided into +such discordant branches as to make it impossible +for them to unite in any one object; that commonwealth, +which, certainly at that time was the terror +of India, was so broken, as to render it either totally +ineffective or easy to be resisted. There was not one +government in India that did not look up to Great +Britain as holding the balance of power, and in a +position to control and do justice to every individual +party in it. At that juncture Mr. Hastings deliberately +broke the treaty of Poorunder; and afterwards, +by breaking faith with and attacking all the powers, +one after another, he produced that very union which +one would hardly have expected that the incapacity +or ill faith of any Governor could have effected. +Your Lordships shall hear the best and most incontrovertible +evidence both of his incapacity and ill +faith, and of the consequences which they produced. +It is the declaration of one of the latest of their allies +concerning all these proceedings. It is contained in +a letter from the Rajah of Berar, directly and strongly +inculpating Mr. Hastings, upon facts which he has +never denied and by arguments which he has never +refuted, as being himself the cause of that very +junction of all the powers of India against us.</p> + + +<div class="blockquote"><p class="center"><i>Letter from Benaram Pundit.</i></p> + +<p>"As the friendship of the English is, at all events, +the first and most necessary consideration, I will +therefore exert myself in establishing peace: for the +power of making peace with all is the best object; +to this all other measures are subservient, and will +certainly be done by them, the English. You write, +that, after having laid the foundation of peace wi<span class='pagenum'><a name="Page_384" id="Page_384">{384}</a></span>th +the Pundit Purdhaun, it is requisite that some troops +should be sent with General Goddard against Hyder +Naig, and take possession of his country, when all +those engagements and proposals may be assented to. +My reason is confounded in discussing this suggestion, +at a time when Hyder Naig is in every respect +in alliance with the Peshwa, and has assisted with +his soul and life to repel the English. For us to +unite our troops with those of the enemy and extirpate +him, would not this fix the stamp of infamy +upon us forever? Would any prince, for generations +to come, ever after assist us, or unite with the +Peshwa? Be yourself the judge, and say whether +such a conduct would become a prince or not. Why, +then, do you mention it? why do you write it?</p> + +<p>"The case is as follows.—At first there was the +utmost enmity between Hyder Naig and the Pundit +Purdhaun, and there was the fullest intention of +sending troops into Hyder Naig's country; and after +the conclusion of the war with Bombay and the capture +of Ragonaut Row, it was firmly resolved to send +troops into that quarter; and a reliance was placed +in the treaty which was entered into by the gentlemen +of Bombay before the war. But when Ragonaut +again went to them, and General Goddard was ready +to commence hostilities,—when no regard was paid +to the friendly proposals made by us and the Pundit +Peshwa,—when they desisted from coming to Poonah, +agreeable to their promise, and a categorical +answer was given to the deputies from Poonah,—the +ministers of Poonah then consulted among themselves, +and, having advised with the Nabob Nizam +ul Dowlah, they considered that as enemies were appearing +on both sides, and it would be difficult to<span class='pagenum'><a name="Page_385" id="Page_385">{385}</a></span> +cope with both, what was to be done? Peace must +be made with one of them, and war must be carried +on with the other. They wished above all things, in +their hearts, to make peace with the English gentlemen, +and to unite with them to punish Hyder Naig; +but these gentlemen had plainly refused to enter into +any terms of reconciliation. It was therefore advisable +to accommodate matters with Hyder Naig, +although he had been long an enemy. What else +could be done? Having nothing left for it, they were +compelled to enter into an union with Hyder."</p></div> + +<p>My Lords, this declaration, made to Mr. Hastings +himself, was never answered by him. Indeed, answered +it could not be; because the thing was manifest, +that all the desolation of the Carnatic by Hyder +Ali, all these difficulties upon which he has insisted, +the whole of that union by which he was pressed, +and against which, as he says, he bore up with such +fortitude, was his own work, the consequences of his +bad faith, and his not listening to any reasonable +terms of peace.</p> + +<p>But, my Lords, see what sort of peace he afterwards +made. I could prove, if I were called upon +so to do, from this paper that they have had the +folly and madness to produce to you for other purposes, +that he might at any time have made a better +treaty, and have concluded a more secure and advantageous +peace, than that which at last he acceded +to; that the treaty he made was both disadvantageous +and dishonorable, inasmuch as we gave up every ally +we had, and sacrificed them to the resentment of the +enemy; that Mahdajee Sindia gained by it an empire +of a magnitude dangerous to our very existence in<span class='pagenum'><a name="Page_386" id="Page_386">{386}</a></span> +India; that this chief was permitted to exterminate +all the many little gallant nations that stood between +us and the Mahrattas, and whose policy led them to +guard against the ambitious designs of that government. +Almost all these lesser powers, from Central +India, quite up to the mountains that divide India +from Tartary, almost all these, I say, were exterminated +by him, or were brought under a cruel subjection. +The peace he made with Mr. Hastings was for +the very purpose of doing all this; and Mr. Hastings +enabled him, and gave him the means of effecting it.</p> + +<p>Advert next, my Lords, to what he did with other +allies. By the treaty of Poorunder, made by Colonel +Upton, and which he flagitiously broke, we had acquired, +what, God knows, we little merited from the +Mahrattas, twelve lacs, (112,000<i>l.</i>) for the expenses +of the war,—and a country of three lacs of annual +revenue, the province of Baroach and the isle of +Salsette, and other small islands convenient for us +upon that coast. This was a great, useful, and momentous +accession of territory and of revenue: and +we got it with honor; for not one of our allies were +sacrificed by this treaty. We had even obtained +from the Mahrattas for Ragonaut Row, our support +of whom against that government was a principal +cause of the war, an establishment of a thousand +horse, to be maintained at their expense, and a jaghire +for his other expenses of three lacs of rupees +per annum, payable monthly, with leave to reside +within their territories, with no other condition than +that he should not remove from the place fixed for +his residence for the purpose of exciting disturbances +against their government. They also stipulated for +the pardon, of all his adherents except four; and <span class='pagenum'><a name="Page_387" id="Page_387">{387}</a></span>the +only condition they required from us was, that we +should not assist him in case of any future disturbance. +But Mr. Hastings, by his treaty, surrendered +that country of three lacs of revenue; he made no +stipulation for the expenses of the war, nor indemnity +for any of the persons whom he had seduced into the +rebellion in favor of Ragonaut Row; he gave them +all up to the vengeance of their governments, without +a stroke of a pen in their favor, to be banished, confiscated, +and undone; and as to Ragonaut Row, instead +of getting him this honorable and secure retreat, +as he was bound to do, this unfortunate man +was ordered to retire to his enemy's (Mahdajee Sindia's) +country, or otherwise he was not to receive a +shilling for his maintenance.</p> + +<p>I will now ask your Lordships, whether any man +but Mr. Hastings would claim a merit with his own +country for having broken the treaty of Poorunder? +Your Lordships know the opinion of the House of +Commons respecting it; his colleagues in Council +had remonstrated with him upon it, and had stated +the mischiefs that would result from it; and Sir +Eyre Coote, the commander of the Company's forces, +writing at the same time from Madras, states, that +he thought it would infallibly bring down upon them +Hyder Ali, who, they had reason to think, was bent +upon the utter destruction of the power of this country +in India, and was only waiting for some crisis +in our affairs favorable to his designs. This, my +Lords, is to be one of the set-offs against all the +crimes, against the multiplied frauds, cruelties, and +oppressions, all the corrupt practices, prevarications, +and swindlings, that we have alleged against him.</p> +<p><span class='pagenum'><a name="Page_388" id="Page_388">{388}</a></span></p> +<p>My Lords, it would be an endless undertaking, and +such as, at this hour of the day, we, as well as your +Lordships, are little fitted to engage in, if I were to +attempt to search into and unveil all the secret motives, +or to expose as it deserves the shameless audacity +of this man's conduct. None of your Lordships +can have observed without astonishment the +selection of his merits, as he audaciously calls them, +which has been brought before you. The last of this +selection, in particular, looks as if he meant to revile +and spit upon the legislature of his country, because +we and you thought it fit and were resolved +to publish to all India that we will not countenance +offensive wars, and that you felt this so strongly as +to pass the first act of a kind that was ever made, +namely, an act to limit the discretionary power of +government in making war solely,—and because you +have done this solely and upon no other account and +for no other reason under heaven than the abuse +which that man at your bar has made of it, and for +which abuse he now presumes to take merit to himself. +I will read this part of the act to your Lordships.</p> + +<div class="blockquote"><p>[<i>Mr. Burke here read 24th Geo. III. cap. 25, sect. 34.</i>]</p> + +<p>"And whereas to pursue schemes of conquest and +extension of dominion in India are measures repugnant +to the wish, the honor, and policy of this nation, +be it therefore further enacted by the authority +aforesaid, that it shall not be lawful for the Governor-General +and Council of Port William aforesaid, +without the express command and authority of the +said Court of Directors, or of the Secret Committee +of the said Court of Directors, in any case, (except +where hostilities have actually been commenced, or<span class='pagenum'><a name="Page_389" id="Page_389">{389}</a></span> +preparations actually made for the commencement +of hostilities, against the British nation in India, or +against some of the princes or states dependent +thereon, or whose territories the said United Company +shall be at such time engaged by any subsisting +treaty to defend or guaranty,) either to declare war, +or commence hostilities, or enter into any treaty for +making war, against any of the country princes or +states in India, or any treaty for guarantying the possessions +of any country princes or states; and that +in such case it shall not be lawful for the said Governor-General +and Council to declare war, or commence +hostilities, or enter into treaty for making war, +against any other prince or state than such as shall +be actually committing hostilities or making preparations +as aforesaid, or to make such treaty for guarantying +the possessions of any prince or state, but +upon the consideration of such prince or state actually +engaging to assist the Company against such +hostilities commenced or preparations made as aforesaid; +and in all cases where hostilities shall be commenced +or treaty made, the said Governor-General +and Council shall, by the most expeditious means they +can devise, communicate the same unto the said +Court of Directors, together with a full state of +the information and intelligence upon which they +shall have commenced such hostilities or made such +treaties, and their motives and reasons for the same +at large."</p></div> + +<p>It is the first act of the kind that ever was made +in this kingdom, the first statute, I believe, that ever +was made by the legislature of any nation, upon the +subject; and it was made solely upon the resolution<span class='pagenum'><a name="Page_390" id="Page_390">{390}</a></span>s +to which we had come against the violent, intemperate, +unjust, and perfidious acts of this man at your +Lordships' bar, and which acts are now produced before +your Lordships as merits.</p> + +<p>To show further to your Lordships how necessary +this act was, here is a part of his own correspondence, +the last thing I shall beg to read to your Lordships, +and upon which I shall make no other comment than +that you will learn from it how well British faith was +kept by this man, and that it was the violation of +British faith which prevented our having the most +advantageous peace, and brought on all the calamities +of war. It is part of a letter from the minister +of the Rajah of Berar, a man called Benaram Pundit, +with whom Mr. Hastings was at the time treating for +a peace; and he tells him why he might have had +peace at that time, and why he had it not,—and +that the cause of it was his own ridiculous and even +buffoonish perfidiousness, which exposed him to the +ridicule of all the princes of India, and with him the +whole British nation.</p> + +<div class="blockquote"><p>"But afterwards reflecting that it was not advisable +for me to be in such haste before I had fully understood +all the contents of the papers, I opened them +in the presence of the Maha Rajah, when all the +kharetas, letters, copies, and treaties were perused +with the greatest attention and care. First, they convinced +us of your great truth and sincerity, and that +you never, from the beginning to this time, were +inclined to the present disputes and hostilities; and +next, that you have not included in the articles of +the treaty any of your wishes or inclinations; and in +short, the garden of the treaty appeared to us, in<span class='pagenum'><a name="Page_391" id="Page_391">{391}</a></span> +all its parts, green and flourishing: but though the +fruit of it was excellent yet they appeared different +from those of Colonel Upton's treaty, (the particulars +of which I have frequently written to you,) and, upon +tasting them, proved to be bitter and very different, +when compared to the former articles. How can any +of the old and established obligations be omitted, +and new matters agreed to, when it is plain that +they will produce losses and damages? Some points +which you have mentioned, under the plea of the faith +and observance of treaties, are of such a nature that +the Poonah ministers can never assent to them. In all +engagements and important transactions, in which the +words <i>but</i>, and <i>although</i>, and <i>besides</i>, and <i>whereas</i>, +and <i>why</i>, and other such words of doubt, are introduced, +it gives an opening to disputes and misunderstandings. +A treaty is meant for the entire removal +of all differences, not for increase of them. My departure +to Poonah has therefore been delayed."</p></div> + +<p>My Lords, consider to what ironies and insults +this nation was exposed, and how necessary it was +for us to originate that bill which your Lordships +passed into an act of Parliament, with his Majesty's +assent. The words <i>but</i>, <i>although</i>, <i>besides</i>, <i>whereas</i>, and +<i>why</i>, and such like, are introduced to give an opening, +and so on. Then he desires him to send another +treaty, fit for him to sign.</p> + +<div class="blockquote"><p>"I have therefore kept the treaty with the greatest +care and caution in my possession, and, having +taken a copy of it, I have added to each article another, +which appeared to me proper and advisable, +and without any loss or disadvantage to the English, +or anything more in favor of the Pundit Purdhaun<span class='pagenum'><a name="Page_392" id="Page_392">{392}</a></span> +than what was contained in the former treaties. This +I have sent to you, and hope that you will prepare +and send a treaty conformable to that, without any <i>besides</i>, +or <i>if</i>, or <i>why</i>, or <i>but</i>, and <i>whereas</i>, that, as soon as +it arrives, I may depart for Poonah, and, having united +with me Row Mahdajee Sindia, and having brought +over the Nabob Nizam ul Dowlah to this business, I +may settle and adjust all matters which are in this +bad situation. As soon as I have received my dismission +from thence, I would set off for Calcutta, and +represent to you everything which for a long while +I have had on my mind, and by this transaction erect +to the view of all the world the standard of the greatness +and goodness of the English and of my master, +and extinguish the flames of war with the waters of +friendship. The compassing all these advantages and +happy prospects depends entirely upon your will and +consent; and the power of bringing them to an issue +is in your hands alone."</p></div> + +<p>My Lords, you may here see the necessity there +was for passing the act of Parliament which I have +just read to you, in order to prevent in future the +recurrence of that want of faith of which Mr. Hastings +had been so notoriously guilty, and by which he +had not only united all India against us, and had +hindered us from making, for a long time, any peace +at all, but had exposed the British character to the +irony, scorn, derision, and insult of the whole people +of that vast continent.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, in the progress of this impeachment, +you have heard our charges; you have heard the +prisoner's plea of merits; you have heard our observations +on them. In the progress of this impeachment,<span class='pagenum'><a name="Page_393" id="Page_393">{393}</a></span> +you have seen the condition in which Mr. +Hastings received Benares; you have seen the condition +in which Mr. Hastings received the country of +the Rohillas; you have seen the condition in which +he received the country of Oude; you have seen the +condition in which he received the provinces of +Bengal; you have seen the condition of the country +when the native government was succeeded by that +of Mr. Hastings; you have seen the happiness and +prosperity of all its inhabitants, from those of the +highest to those of the lowest rank. My Lords, you +have seen the very reverse of all this under the government +of Mr. Hastings,—the country itself, all its +beauty and glory, ending in a jungle for wild beasts. +You have seen flourishing families reduced to implore +that pity which the poorest man and the meanest +situation might very well call for. You have seen +whole nations in the mass reduced to a condition of +the same distress. These things in his government +at home. Abroad, scorn, contempt, and derision cast +upon and covering the British name, war stirred up, +and dishonorable treaties of peace made, by the total +prostitution of British faith. Now take, my Lords, +together, all the multiplied delinquencies which we +have proved, from the highest degree of tyranny to +the lowest degree of sharping and cheating, and then +judge, my Lords, whether the House of Commons +could rest for one moment, without bringing these +matters, which have baffled all legislation at various +times, before you, to try at last what judgment +will do. Judgment is what gives force, effect, and +vigor to laws; laws without judgment are contemptible +and ridiculous; we had better have no laws than +laws not enforced by judgments and suitable pen<span class='pagenum'><a name="Page_394" id="Page_394">{394}</a></span>alties +upon delinquents. Revert, my Lords, to all the +sentences which have heretofore been passed by this +high court; look at the sentence passed upon Lord +Bacon, look at the sentence passed upon Lord +Macclesfield; and then compare the sentences which +your ancestors have given with the delinquencies +which were then before them, and you have the measure +to be taken in your sentence upon the delinquent +now before you. Your sentence, I say, will be measured +according to that rule which ought to direct the +judgment of all courts in like cases, lessening it for +a lesser offence, and aggravating it for a greater, until +the measure of justice is completely full.</p> + +<hr style='width: 45%;' /> + +<p>My Lords, I have done; the part of the Commons +is concluded. With a trembling solicitude we consign +this product of our long, long labors to your charge. +Take it!—take it! It is a sacred trust. Never before +was a cause of such magnitude submitted to any +human tribunal.</p> + +<p>My Lords, at this awful close, in the name of the +Commons, and surrounded by them, I attest the retiring, +I attest the advancing generations, between +which, as a link in the great chain of eternal order, +we stand. We call this nation, we call the world to +witness, that the Commons have shrunk from no +labor, that we have been guilty of no prevarication, +that we have made no compromise with crime, that +we have not feared any odium whatsoever, in the long +warfare which we have carried on with the crimes, +with the vices, with the exorbitant wealth, with the +enormous and overpowering influence of Eastern +corruption. This war, my Lords, we have waged for +twenty-two years, and the conflict has been fough<span class='pagenum'><a name="Page_395" id="Page_395">{395}</a></span>t +at your Lordships' bar for the last seven years. My +Lords, twenty-two years is a great space in the scale +of the life of man; it is no inconsiderable space in +the history of a great nation. A business which has +so long occupied the councils and the tribunals of +Great Britain cannot possibly be huddled over in the +course of vulgar, trite, and transitory events. Nothing +but some of those great revolutions that break the +traditionary chain of human memory, and alter the +very face of Nature itself, can possibly obscure it. +My Lords, we are all elevated to a degree of importance +by it; the meanest of us will, by means of it, +more or less become the concern of posterity,—if we +are yet to hope for such a thing, in the present state +of the world, as a recording, retrospective, civilized +posterity: but this is in the hands of the great +Disposer of events; it is not ours to settle how it shall +be.</p> + +<p>My Lords, your House yet stands,—it stands as +a great edifice; but let me say, that it stands in the +midst of ruins,—in the midst of the ruins that have +been made by the greatest moral earthquake that ever +convulsed and shattered this globe of ours. My +Lords, it has pleased Providence to place us in such +a state that we appear every moment to be upon the +verge of some great mutations. There is one thing, +and one thing only, which defies all mutation,—that +which existed before the world, and will survive the +fabric of the world itself: I mean justice,—that +justice which, emanating from the Divinity, has a +place in the breast of every one of us, given us for +our guide with regard to ourselves and with regard +to others, and which will stand, after this globe is +burned to ashes, our advocate or our accuser before<span class='pagenum'><a name="Page_396" id="Page_396">{396}</a></span> +the great Judge, when He comes to call upon us for +the tenor of a well-spent life.</p> + +<p>My Lords, the Commons will share in every fate +with your Lordships; there is nothing sinister which +can happen to you, in which we shall not be involved: +and if it should so happen that we shall be subjected +to some of those frightful changes which we have +seen,—if it should happen that your Lordships, +stripped of all the decorous distinctions of human +society, should, by hands at once base and cruel, be +led to those scaffolds and machines of murder upon +which great kings and glorious queens have shed their +blood, amidst the prelates, amidst the nobles, amidst +the magistrates who supported their thrones, may you +in those moments feel that consolation which I am +persuaded they felt in the critical moments of their +dreadful agony!</p> + +<p>My Lords, there is a consolation, and a great +consolation it is, which often happens to oppressed +virtue and fallen dignity. It often happens that the +very oppressors and persecutors themselves are forced +to bear testimony in its favor. I do not like to go for +instances a great way back into antiquity. I know +very well that length of time operates so as to give an +air of the fabulous to remote events, which lessens +the interest and weakens the application of examples. +I wish to come nearer to the present time. Your +Lordships know and have heard (for which of us has +not known and heard?) of the Parliament of Paris. +The Parliament of Paris had an origin very, very +similar to that of the great court before which I +stand; the Parliament of Paris continued to have a +great resemblance to it in its constitution, even to its +fall: the Parliament of Paris, my Lords, WAS; i<span class='pagenum'><a name="Page_397" id="Page_397">{397}</a></span>t is +gone! It has passed away; it has vanished like a +dream! It fell, pierced by the sword of the Comte +de Mirabeau. And yet I will say, that that man, at +the time of his inflicting the death-wound of that +Parliament, produced at once the shortest and the +grandest funeral oration that ever was or could be +made upon the departure of a great court of magistracy. +Though he had himself smarted under its +lash, as every one knows who knows his history, (and +he was elevated to dreadful notoriety in history,) yet, +when he pronounced the death sentence upon that +Parliament, and inflicted the mortal wound, he +declared that his motives for doing it were merely +political, and that their hands were as pure as those +of justice itself, which they administered. A great +and glorious exit, my Lords, of a great and glorious +body! And never was a eulogy pronounced upon a +body more deserved. They were persons, in nobility +of rank, in amplitude of fortune, in weight of authority, +in depth of learning, inferior to few of those that +hear me. My Lords, it was but the other day that +they submitted their necks to the axe; but their +honor was unwounded. Their enemies, the persons +who sentenced them to death, were lawyers full of +subtlety, they were enemies full of malice; yet +lawyers full of subtlety, and enemies full of malice, +as they were, they did not dare to reproach them with +having supported the wealthy, the great, and powerful, +and of having oppressed the weak and feeble, in +any of their judgments, or of having perverted justice, +in any one instance whatever, through favor, through +interest, or cabal.</p> + +<p>My Lords, if you must fall, may you so fall! But +if you stand,—and stand I trust you will, together<span class='pagenum'><a name="Page_398" id="Page_398">{398}</a></span> +with the fortune of this ancient monarchy, together +with the ancient laws and liberties of this great and +illustrious kingdom,—may you stand as unimpeached +in honor as in power! May you stand, not as a +substitute for virtue, but as an ornament of virtue, as +a security for virtue! May you stand long, and long +stand the terror of tyrants! May you stand the +refuge of afflicted nations! May you stand a sacred +temple, for the perpetual residence of an inviolable +justice!</p> + +<hr style="width: 65%;" /> + +<h2>GENERAL TABLE OF CONTENTS,<br /> +<br /> +<span style="font-size: 50%;">AND</span><br /> +<br /> +INDEX.</h2> + +<p><span class='pagenum'><a name="Page_401" id="Page_401">{401}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="GENERAL_TABLE_OF_CONTENTS" id="GENERAL_TABLE_OF_CONTENTS"></a>GENERAL TABLE OF CONTENTS.</h2> + + + +<h3>VOL. I.</h3> + +<ul class="TOC"> +<li> +Advertisement to the Reader, Prefixed to the First +Octavo Edition +<span class="tocright">v</span></li> +<li> +Advertisement to the Second Octavo Edition +<span class="tocright">xvii</span></li> +<li> +A Vindication of Natural Society: or, A View of the Miseries and +Evils arising to Mankind from every Species of Artificial Society +<span class="tocright">1</span></li> +<li> +A Philosophical Inquiry into the Origin of our Ideas of the Sublime +and Beautiful; with an Introductory Discourse concerning Taste +<span class="tocright">67</span></li> +<li> +A Short Account of a late Short Administration +<span class="tocright">263</span></li> +<li> +Observations on a late Publication, intituled, +"The Present State of the Nation" +<span class="tocright">269</span></li> +<li> +Thoughts on the Cause of the Present Discontents +<span class="tocright">433</span></li> +</ul> + +<h3>VOL. II.</h3> +<ul class="TOC"> + +<li>Speech on American Taxation, April 19, 1774 <span class="tocright">1</span></li> +<li>Speeches on Arrival at Bristol and at the Conclusion of the Poll, October 18 and November 8, 1774 <span class="tocright">81</span></li> + +<li>Speech on moving Resolutions for Conciliation with America, March 22, 1775 <span class="tocright">99</span></li> + +<li>Letter to the Sheriffs of Bristol, on the Affairs of America, April 3, 1777 <span class="tocright">187</span></li> + +<li>Two Letters to Gentlemen of Bristol, on this Bills depending in Parliament relative to the Trade of Ireland, April 23 and May 2, 1778 <span class="tocright">247</span></li> + +<li>Speech on presenting to the House of Commons a Plan for the Better Security of the Independence of Parliament, and the Economical Reformation of the Civil and other Establishments, February 11, 1780 <span class="tocright">265</span></li> + +<li>Speech at Bristol previous to the Election, September 6, 1780 <span class="tocright">365</span></li> + +<li>Speech at Bristol on declining the Poll, September 9, 1780 <span class="tocright">426</span></li> + +<li>Speech on Mr. Fox's East India Bill, December 1, 1788 <span class="tocright">431</span></li> + +<li>A Representation to his Majesty, moved in the Home of Commons, June 14, 1784 <span class="tocright">537</span></li> +</ul> +<p><span class='pagenum'><a name="Page_402" id="Page_402">{402}</a></span></p> + +<h3>VOL. III.</h3> + +<ul class="TOC"><li>Speech on the Nabob of Arcot's Debts, February 28, 1785; with an Appendix <span class="tocright">1</span></li> + +<li>Substance of Speech on the Army Estimates, February 9, 1790 <span class="tocright">211</span></li> + +<li>Reflections on the Revolution in France <span class="tocright">231</span></li></ul> + +<h3>VOL. IV.</h3> +<ul class="TOC"><li>Letter to a Member of the National Assembly, in Answer to some Objections to his Book on French Affairs <span class="tocright">1</span></li> + +<li>Appeal from the New to the Old Whigs <span class="tocright">57</span></li> + +<li>Letter to a Peer of Ireland on the Penal Laws against Irish Catholics <span class="tocright">217</span></li> + +<li>Letter to Sir Hercules Langrishe, on the Subject of the Roman Catholics of Ireland <span class="tocright">241</span></li> + +<li>Hints for a Memorial to be delivered to Monsieur de M.M. <span class="tocright">307</span></li> + +<li>Thoughts on French Affairs <span class="tocright">313</span></li> + +<li>Heads for Consideration on the Present State of Affairs <span class="tocright">379</span></li> + +<li>Remarks on the Policy of the Allies with respect to France: with an Appendix <span class="tocright">403</span></li></ul> + +<h3>VOL. V.</h3> + +<ul class="TOC"><li>Observations on the Conduct of the Minority, particularly in the last Session of Parliament, 1793 <span class="tocright">1</span></li> + +<li>Preface to the Address of M. Brissot to his Constituents: with an Appendix <span class="tocright">65</span></li> + +<li>Letter to William Elliot, Esq., occasioned by a Speech made in the House of Lords by the **** of *******, in the Debate concerning Lord Fitzwilliam, 1795 <span class="tocright">107</span></li> + +<li>Thoughts and Details on Scarcity <span class="tocright">131</span></li> + +<li>Letter to a Noble Lord on the Attacks made upon Mr. Burke and his Pension, in the House of Lords, by the Duke of Bedford and the Earl of Lauderdale, 1796 <span class="tocright">171</span></li> + +<li>Three Letters to a Member of Parliament on the Proposals for Peace with the Regicide Directory of France.</li> + + <li><ul class="TOCSub"><li>Letter I. On the Overtures of Peace <span class="tocright">233</span></li> + + <li>Letter II. On the Genius and Character of the French Revolution as it regards other Nations <span class="tocright">342</span></li> + + <li> Letter III. On the Rupture of the Negotiation; the Terms of Peace proposed; and the Resources of the Country for the Continuance of the War <span class="tocright">384</span></li></ul></li></ul> +<p><span class='pagenum'><a name="Page_403" id="Page_403">{403}</a></span></p> + +<h3>VOL. VI.</h3> + +<ul class="TOC"> +<li>Preface to the Second Posthumous Volume, in a Letter to the Right Hon. William Elliot <span class="tocright">v</span></li> + +<li>Fourth Letter on the Proposals for Peace with the Regicide Directory of France: with the Preliminary Correspondence <span class="tocright">1</span></li> + +<li>Letter to the Empress of Russia, November 1, 1791 <span class="tocright">113</span></li> + +<li>Letter to Sir Charles Bingham, Bart., on the Irish Absentee Tax, October 30, 1773 <span class="tocright">121</span></li> + +<li>Letter to the Hon. Charles James Fox, on the American War, October 8, 1777 <span class="tocright">135</span></li> + +<li>Letter to the Marquis of Rockingham, with Addresses to the King, and the British Colonists in North America, in Relation to the Measures of Government in the American Contest, and a Proposed Secession of the Opposition from Parliament, January, 1777 <span class="tocright">149</span></li> + +<li>Letter to the Right Hon. Edmund S. Pery, in relation to a Bill for the Relief of the Roman Catholics of Ireland, July 18, 1778 <span class="tocright">197</span></li> + +<li>Two Letters to Thomas Burgh, Esq., and John Merlott, Esq., in Vindication of his Parliamentary Conduct relative to the Affairs of Ireland, 1780 <span class="tocright">207</span></li> + +<li>Letters and Reflections on the Executions of the Rioters in 1780 <span class="tocright">239</span></li> + +<li>Letter to the Right Hon. Henry Dundas: with the Sketch of a Negro Code, 1792 <span class="tocright">255</span></li> + +<li>Letter to the Chairman of the Buckinghamshire Meeting, held at Aylesbury, April 13, 1780, on the Subject of Parliamentary Reform <span class="tocright">291</span></li> + +<li>Fragments of a Tract relative to the Laws against Popery in Ireland <span class="tocright">299</span></li> + +<li>Letter to William Smith, Esq., on the Subject of Catholic Emancipation, January 29, 1795 <span class="tocright">361</span></li> + +<li>Second Letter to Sir Hercules Langrishe, on the Catholic Question, May 26, 1795 <span class="tocright">375</span></li> + +<li>Letter to Richard Burke, Esq., on Protestant Ascendency in Ireland, 1793 <span class="tocright">385</span></li> + +<li>Letter on the Affairs of Ireland, 1797 <span class="tocright">413</span></li> +</ul> + + +<h3>VOL. VII.</h3> +<p><span class='pagenum'><a name="Page_404" id="Page_404">{404}</a></span></p> +<ul class="TOC"> +<li>Fragments and Notes of Speeches in Parliament.</li> + +<li><ul class="TOCSub"> + <li>Speech on the Acts of Uniformity, February 8, 1772 <span class="tocright">3</span></li> + + <li>Speech on a Bill for the Relief of Protestant Dissenters, March 17, 1773 <span class="tocright">21</span></li> + + <li> Speech on a Motion, for Leave to bring in a Bill to repeal and alter certain Acts respecting Religious Opinions, upon the Occasion of a Petition of the Unitarian Society, May 11, 1792 <span class="tocright">39</span></li> + + <li>Speech relative to the Middlesex Election, February 7, 1771 <span class="tocright">59</span></li> + + <li>Speech on a Bill for shortening the Duration of Parliaments, May 8, 1780 <span class="tocright">69</span></li> + + <li>Speech on a Motion for a Committee to inquire into the State of the Representation of the Commons in Parliament, May 7, 1782 <span class="tocright">89</span></li> + + <li>Speech on a Motion for Leave to bring in a Bill for explaining the Powers of Juries in Prosecutions for Libels, March 7, 1771. Together with a Letter in Vindication of that Measure, and a Copy of the proposed Bill <span class="tocright">105</span></li> + + <li>Speech on a Bill for the Repeal of the Marriage Act, June 15, 1781 <span class="tocright">129</span></li> + + <li>Speech on a Motion for Leave to bring in a Bill to quiet the Possessions of the Subject against Dormant Claims of the Church, February 17, 1772 <span class="tocright">137</span></li> +</ul></li> + +<li>Hints for an Essay on the Drama <span class="tocright">143</span></li> + + +<li>An Essay towards an Abridgment of the English History. In Three Books.</li> +<li><ul class="TOCSub"><li>Book I. To the Fall of the Roman Power In Britain <span class="tocright">159</span></li> +<li>Book II. To the Norman Invasion <span class="tocright">227</span></li> +<li>Book III. Through the Reign of John <span class="tocright">327</span></li> +<li><ul class="TOCSub"><li>Fragment.—An Essay towards an History of the Laws of England <span class="tocright">475</span></li></ul></li></ul></li> + +</ul> + +<h3>VOL. VIII.</h3> + +<p><span class='pagenum'><a name="Page_405" id="Page_405">{405}</a></span></p> +<ul class="TOC"><li>Ninth Report of the Select Committee of the House of Commons on the Affairs of India, June 25, 1783. + + <ul class="TOCSub"><li>Observations on the State of the Company's Affairs in India <span class="tocright">3</span></li> + + <li>Connection of Great Britain with India <span class="tocright">41</span></li> + + <li>Effect of the Revenue Investment on the Company <span class="tocright">56</span></li> + + <li>Internal Trade of Bengal <span class="tocright">75</span> + <ul class="TOCSub"><li>Silk <span class="tocright">83</span></li> + <li>Raw Silk <span class="tocright">88</span></li> + <li>Cloths, or Piece-Goods <span class="tocright">99</span></li> + <li>Opium <span class="tocright">116</span></li> + <li>Salt <span class="tocright">142</span></li> + <li>Saltpetre <span class="tocright">170</span></li></ul></li> + + <li>British Government in India <span class="tocright">173</span></li></ul></li> + + +<li>Eleventh Report of the Select Committee of the House of Commons on the Affairs of India. With Extracts from the Appendix. November 18, 1783 <span class="tocright">217</span></li> + + +<li>Articles of Charge of High Crimes and Misdemeanors against Warren Hastings, Esq., late Governor-General of Bengal: presented to the House of Commons in April and May, 1788.—Articles I.-VI. + + <ul class="TOCSub"><li>Art. I. Rohilla War <span class="tocright">307</span></li> + + <li>II. Shah Allum <span class="tocright">319</span></li> + + <li>III. Benares. + + <ul class="TOCSub"><li>Part I. Rights and Titles of the Rajah of Benares <span class="tocright">327</span></li> + + <li>Part II. Designs of Mr. Hastings to ruin the Rajah of +Benares <span class="tocright">339</span></li> + + <li>Part III. Expulsion of the Rajah of Benares <span class="tocright">354</span></li> + + <li>Part IV. Second Revolution in Benares <span class="tocright">380</span></li> + + <li>Part V. Third Revolution in Benares <span class="tocright">386</span></li></ul></li> + + <li>IV. Princesses of Oude <span class="tocright">397</span></li> + + <li>V. Revolutions in Furruckabad <span class="tocright">467</span></li> + + <li>VI. Destruction of the Rajah of Sahlone <span class="tocright">484</span></li></ul></li></ul> + +<h3>VOL. IX.</h3> + +<ul class="TOC"> +<li> +Articles of Charge of High Crimes and Misdemeanors against Warren +Hastings, Esq., late Governor-General of Bengal: presented +to the House of Commons in April and May, 1786.—Articles +VII.-XXII.</li> + +<li><ul class="TOCSub"> +<li>Art. VII. Contracts<span class="tocright">3</span></li> + +<li>VIII. Presents<span class="tocright">22</span></li> + +<li>IX. Resignation of the Office of Governor-General <span class="tocright">42</span></li> + +<li>X. Surgeon-General's Contract <span class="tocright">60</span></li> + +<li>XI. Contracts for Poolbundy Repairs <span class="tocright">60</span></li> + +<li>XII. Contracts for Opium <span class="tocright">63</span></li> + +<li>XIII. Appointment of R.J. Sulivan <span class="tocright">70</span></li> + +<li>XIV. Ranna of Gohud <span class="tocright">72</span></li> + + +<li>XV. Revenues. Part I. <span class="tocright">79</span></li> + +<li> +<ul class="TOCSub"> +<li>Part II.<span class="tocright">87</span></li> +</ul> +</li> + +<li>XVI. Misdemeanors in Oude <span class="tocright">95</span></li> + +<li>XVII. Mahomed Reza Khân <span class="tocright">79</span></li> + +<li>XVIII. The Mogul delivered up to the Mahrattas <span class="tocright">202</span></li> + +<li>XIX. Libel on the Court of Directors <span class="tocright">228</span></li> + +<li>XX. Mahratta War and Peace <span class="tocright">238</span></li> + +<li>XXI. Correspondence <span class="tocright">266</span></li> + +<li>XXII. Fyzoola Khân </li> + +<li> +<ul class="TOCSub"> + +<li>Part I. Rights of Fyzoola Khân, etc., before the +Treaty of Lall-Dang<span class="tocright">268</span></li> + +<li>Part II. Rights of Fyzoola Khân under the Treaty +of Lall-Dang<span class="tocright">275</span></li> + +<li>Part III. Guaranty of the Treaty of Lall-Dang<span class="tocright">278</span></li> + +<li>Part IV. Thanks of the Board to Fyzoola Khân<span class="tocright">286</span></li> + +<li>Part V. Demand of Five Thousand Horse<span class="tocright">287</span></li> + +<li>Part VI. Treaty of Chunar <span class="tocright">296</span></li> + +<li>Part VII. Consequences of the Treaty of Chunar<span class="tocright">302</span></li> + +<li>Part VIII. Pecuniary Commutation of the Stipulated +Aid<span class="tocright">306</span></li> + +<li>Part IX. Full Vindication of Fyzoola Khân by Major +Palmer and Mr. Hastings<span class="tocright">318</span></li> +</ul> +</li></ul></li> + +<li>Appendix to the Eighth and Sixteenth Charges <span class="tocright">319</span></li> + +<li>Speeches in the Impeachment of Warren Hastings, Esq., late Governor-General +of Bengal.</li> + +<li><ul class="TOCSub"><li>Speech in Opening the Impeachment.<br /></li> + +<li><ul class="TOCSub"><li>First Day: Friday, February 15, 1788 <span class="tocright">329</span></li> + +<li>Second Day: Saturday, February 16 <span class="tocright">396</span></li> +</ul></li></ul></li></ul> +<p><span class='pagenum'><a name="Page_406" id="Page_406">{406}</a></span></p> + +<h3>VOL. X.</h3> + +<ul class="TOC"><li>Speeches in the Impeachment of Warren Hastings, Esq., late Governor-General +of Bengal.</li> + +<li><ul class="TOCSub"><li> Speech in Opening the Impeachment.</li> +<li><ul class="TOCSub"><li> Third Day: Monday, February 18, 1788 <span class="tocright">3</span></li> +<li> Fourth Day: Tuesday, February 19 <span class="tocright">99</span></li></ul></li></ul></li> + + +<li><ul class="TOCSub"><li>Speech on the Sixth Article of Charge.</li> +<li><ul class="TOCSub"><li> First Day: Tuesday, April 21, 1789 <span class="tocright">149</span></li> +<li> Second Day: Saturday, April 25 <span class="tocright">240</span></li> +<li> Third Day: Tuesday, May 5 <span class="tocright">306</span></li> +<li> Fourth Day: Thursday, May 7 <span class="tocright">396</span></li></ul></li></ul></li></ul> + +<h3>VOL. XI.</h3> + +<ul class="TOC"><li>Report from the Committee of the House of Commons, appointed +to inspect the Lords' Journals in Relation to their Proceedings +on the Trial of Warren Hastings, Esq. With an Appendix. +Also, Remarks in Vindication of the Same from the Animadversions +of Lord Thurlow. 1794 <span class="tocright">1</span></li> + +<li>Speeches in the Impeachment of Warren Hastings, Esq., late Governor-General +of Bengal. (Continued.)</li> + +<li><ul class="TOCSub"><li> Speech in General Reply.</li> +<li><ul class="TOCSub"><li> First Day: Wednesday, May 28, 1794 <span class="tocright">157</span></li> +<li> Second Day: Friday, May 30 <span class="tocright">227</span></li> +<li> Third Day. Tuesday, June 3 <span class="tocright">300</span></li> +<li> Fourth Day: Thursday, June 5 <span class="tocright">372</span></li></ul></li></ul></li></ul> + +<h3>VOL. XII.</h3> + +<ul class="TOC"><li><a href="#SPEECHES">Speeches In the Impeachment of Warren Hastings, Esq., late Governor-General +of Bengal. (Continued.)</a></li> + +<li><ul class="TOCSub"><li> <a href="#SPEECHES">Speech in General Reply.</a></li> +<li><ul class="TOCSub"> <li><a href="#FIFTH_DAY_SATURDAY_JUNE_7_1794">Fifth Day: Saturday, June 7, 1794</a> <span class="tocright"><a href="#Page_3">3</a></span></li> +<li> <a href="#SIXTH_DAY_WEDNESDAY_JUNE_11_1794">Sixth Day: Wednesday, June 11</a> <span class="tocright"><a href="#Page_75">75</a></span></li> +<li> <a href="#SEVENTH_DAY_THURSDAY_JUNE_12_1794">Seventh Day: Thursday, June 12</a> <span class="tocright"><a href="#Page_143">143</a></span></li> +<li> <a href="#EIGHTH_DAY_SATURDAY_JUNE_14_1794">Eighth Day: Saturday, June 14</a> <span class="tocright"><a href="#Page_235">235</a></span></li> +<li> <a href="#NINTH_DAY_MONDAY_JUNE_16_1794">Ninth Day: Monday, June 16</a> <span class="tocright"><a href="#Page_335">335</a></span></li></ul></li></ul></li> +</ul> + +<p><span class='pagenum'><a name="Page_407" id="Page_407">{407}</a></span></p> + + +<hr style="width: 65%;" /> +<h2><a name="INDEX" id="INDEX"></a>INDEX.</h2> + +<ul style="list-style: none;"><li>Accidental things ought to be carefully distinguished from permanent causes and effects, v. 234.</li> + +<li>Account, capital use of an, what, i. 511.</li> + +<li>Act of navigation, i. 378; ii. 30, 33.</li> + +<li>Acts of grace, impolicy of, ii. 386.</li> + +<li>Acts of indemnity and oblivion, probable effects of, as a means of reconciling France to a monarchy, iv. 460.</li> + +<li>Addison, Mr., the correctness of his opinion of the cause of the grand effect of the rotund questioned, i. 150.</li> +<li><ul style="list-style: none;"><li> his fine lines on honorable political connections, i. 529.</li></ul></li> + + +<li>Administration, Short Account of a Late Short, (Marquis of Rockingham's,) i. 263.</li> +<li><ul style="list-style: none;"><li> censures on that administration, i. 379.</li> +<li> state of public affairs at the time of its formation, i. 381.</li> +<li> character and conduct of it, i. 388.</li> +<li> idea of it respecting America, i. 397.</li> +<li> remarks on its foreign negotiations, i. 412.</li> +<li> character of a united administration, i. 419.</li> +<li> of a disunited one, i. 425.</li> +<li> the administration should be correspondent to the legislature, i. 471.</li></ul></li> + + +<li>Admiration, the first source of obedience, iv. 251.</li> +<li><ul style="list-style: none;"><li> one of the principles which interest us in the characters of others, vii. 148.</li></ul></li> + + +<li>Adrian, first contracts the hounds of the Roman Empire, vii. 214.</li> + +<li>Advice, compulsive, from constituents, its authority first resisted by Mr. Burke, iv. 95.</li> + +<li>Adviser, duty of an, iv. 42.</li> + +<li>Agricola, Julius, character and conduct of, vii. 199.</li> + +<li>Aix, the Archbishop of, his offer of contribution, why refused by the French National Assembly, iii. 390.</li> + +<li>Aix-la-Chapelle, the treaty of, remarks on, v. 441.</li> + +<li>Akbar, the Emperor, obtains possession of Bengal, ix. 392</li> + +<li>Alfred the Great, character and conduct of, vii. 261.</li> +<li><ul style="list-style: none;"><li> his care and sagacity in improving the laws and institutions of England, vii. 482.</li></ul></li> + + +<li>Allegiance, oath of, remarkable one taken by the nobility to King Stephen, vii. 388.</li> + +<li>Alliance, one of the requisites of a good peace, i. 295.</li> +<li><ul style="list-style: none;"><li> the famous Triple Alliance negotiated by Temple and De Witt, v. 438.</li> +<li> alliance between Church and State in a Christian commonwealth, a fanciful speculation, vii. 43.</li></ul></li> + + +<li>Ambition, one of the passions belonging to society, i. 124.</li> +<li><ul style="list-style: none;"><li> nature and end of, i. 124.</li> +<li> misery of disappointed, i. 335.</li> +<li> ought to be influenced by popular motives, i. 474.</li> +<li> influence of, iii. 107.</li> +<li> one of the natural distempers of a democracy, iv. 164.</li> +<li> legislative restraints on it in democracies always violent and ineffectual, iv. 164.</li> +<li> not an exact calculator, vii. 82.</li> +<li> virtue of a generous ambition for applause for public services, x. 176.</li></ul></li> + + +<li>America, advantage of, to England, i. 297.</li> +<li><ul style="list-style: none;"><li> nature of various taxes there, i. 355.</li> +<li> project of a representation of in Parliament, its difficulties, i. 372.</li> +<li> its rapidly increasing commerce, ii. 112.</li> +<li> eloquent description of rising glories of, in vision, ii. 115.</li> +<li> temper and character of its inhabitants, ii. 120.</li> +<li> their spirit of liberty, whence, ii. 120, 133</li> +<li> proposed taxation of, by grant instead of imposition, ii. 154.</li> +<li> danger in establishing a military government there, vi. 176.</li></ul></li> + + +<li>American Stamp Act, its origin, i. 385.</li> +<li><ul style="list-style: none;"><li> repeal of the, i. 265, 389.</li> +<li> reasons of the repeal, ii. 48.</li> + <li>good effects of the repeal, i. 401; ii. 59.<span class='pagenum'><a name="Page_408" id="Page_408">{408}</a></span></li></ul></li> + + +<li>Ancestors, our, reverence due to them, iii. 562; iv. 213.</li> + +<li>Angles, in buildings, prejudicial to their grandeur, i. 151.</li> + +<li>Animals, their cries capable of conveying great ideas, i. 161.</li> + +<li>Anniversaries, festive, advantages of, iv. 369.</li> + +<li>Anselm, appointed Archbishop of Canterbury, vii. 373.</li> +<li><ul style="list-style: none;"><li> supports Henry I. against his brother Robert, vii. 377.</li></ul></li> + + +<li>Apparitions, singular inconsistency in the ideas of the vulgar concerning them, vii. 181.</li> + +<li>Arbitrary power, steals upon a people by lying dormant for a time, or by being rarely exercised, ii. 201.</li> +<li><ul style="list-style: none;"><li> cannot be exercised or delegated by the legislature, ix. 455.</li> +<li> not recognized in the Gentoo code, xi. 208.</li></ul></li> + + +<li>Arbitrary system, must always be a corrupt one, x. 5.</li> +<li><ul style="list-style: none;"><li> danger in adopting it as a principle of action, xi. 322.</li></ul></li> + + +<li>Areopagus, court and senate of, remarks on the, iii. 507.</li> + +<li>Ariosto, a criticism of Boileau on, vii. 154.</li> + +<li>Aristocracy, affected terror at the growth of the power of the, in the reign of George II., i. 457.</li> +<li><ul style="list-style: none;"><li> influence of the, i. 457.</li> +<li> too much spirit not a fault of the, i. 458.</li> +<li> general observations on the, iii. 415.</li> +<li> character of a true natural one, iv. 174.</li> +<li> regulations in some states with respect to, iv. 250.</li> +<li> must submit to the dominion of prudence and virtue, v. 127.</li> +<li> character of the aristocracy of France before the Revolution, iii. 412; vi. 39.</li></ul></li> + + +<li>Aristotle, his caution against delusive geometrical accuracy in moral arguments, ii. 170.</li> +<li><ul style="list-style: none;"><li> his observations on the resemblance between a democracy and a tyranny, iii. 397.</li> +<li> his distinction between tragedy and comedy, vii. 153.</li> +<li> his natural philosophy alone unworthy of him, vii. 252.</li> +<li> his system entirely followed by Bede, vii. 252.</li></ul></li> + + +<li>Armies yield a precarious and uncertain obedience to a senate, iii. 524.</li> +<li><ul style="list-style: none;"><li> remarks on the standing armies of France and England, iii. 224.</li></ul></li> + + +<li>Army commanded by General Monk, character of it, iv. 36.</li> + +<li>Art, every work of, great only as it deceives, i. 152.</li> + +<li>Artist, a true one effects the noblest designs by easy methods, i. 152.</li> + +<li>Artois, Comte d', character of, iv. 430.</li> + +<li>Ascendency, Protestant, observations on it, vi. 393.</li> + +<li>Asers, their origin and conquests, vii. 228.</li> + +<li>Assassination, recommended and employed by the National Assembly of France, iv. 34.</li> +<li><ul style="list-style: none;"><li> the dreadful consequences of this policy, in case of war, iv. 34.</li></ul></li> + + +<li>Astonishment, cause and nature of, i. 160, 217.</li> + +<li>Atheism by establishment, what, v. 310.</li> +<li><ul style="list-style: none;"><li> ought to be repressed by law, vii. 35.</li> +<li> schools of, set up by the French regicides at the public charge, vi. 106.</li></ul></li> + + +<li>Atheists, modern, contrasted with those of antiquity, iv. 355.</li> + +<li>Athenians, at the head of the democratic interests of Greece, iv. 321.</li> + +<li>Athens, the plague of, remarkable prevalence of wickedness during its continuance, vii. 84.</li> + +<li>Augustin, state of religion in Britain when he arrived there, vii. 233.</li> +<li><ul style="list-style: none;"><li> introduced Christianity among the Anglo-Saxons, vii. 235.</li></ul></li> + + +<li>Aulic Council, remarks on the, v. 119.</li> + +<li>Austria began in the reign of Maria Theresa to support great armies, v. 368.</li> +<li><ul style="list-style: none;"><li> her treaty of 1756 with France, deplored by the French in 1773, v. 370.</li></ul></li> + + +<li>Authority, its only firm seat in public opinion, ii. 224; vi. 165.</li> +<li><ul style="list-style: none;"><li> the people the natural control on it, iv. 164.</li> +<li> the exercise and control of it together contradictory, iv. 164.</li> +<li> the monopoly of it an evil, v. 151.</li></ul></li> + + +<li>Avarice, an instrument and source of oppression in India, iii. 107; ix. 491.</li></ul> + + + +<ul style="list-style: none;"><li>Bacon, Lord, a remark of his applied to the revolution in France, v. 175.</li> +<li><ul style="list-style: none;"><li> his demeanor at his impeachment, xi. 173.</li></ul></li> + + +<li>Bacon, N., his work on the laws of England not entitled to authority, vii. 479.</li> + +<li>Bail, method of giving it introduced by Alfred, vii. 265.</li> +<li><ul style="list-style: none;"><li> advantage of it, vii. 265.</li></ul></li> + + +<li>Ball, John, abstract of a discourse of, iv. 178.</li> + +<li>Ballot, all contrivances by it vain to prevent a discovery of the inclinations, iii. 507.</li> + +<li>Balmerino, Lord, proceedings in his trial, xi. 34.</li> + +<li>Banian, functions and character of the, ix. 363.</li> + +<li>Bank paper in England, owing to the flourishing condition of commerce, iii. 541.</li> + +<li>Bards, the, character of their verses, vii. 178.</li> + +<li>Bartholomew, St., massacre of, iii. 420.<span class='pagenum'><a name="Page_409" id="Page_409">{409}</a></span></li> + +<li>Bathurst, Lord, his imagined vision of the rising glories of America, ii. 114.</li> + +<li>Bayle, Mr., an observation of his on religious persecution, vi. 333.</li> + +<li>Beauchamp, Lord, his bill concerning imprisonment; Mr. Burke's course with respect to it, ii. 382.</li> + +<li>Beauty, a cause of love, i. 114, 165.</li> +<li><ul style="list-style: none;"><li> proportion not the cause of it in vegetables, i. 166.</li> +<li> nor in animals, i. 170.</li> +<li> nor in the human species, i. 172.</li> +<li> beauty and proportion not ideas of the same nature, i. 181.</li> +<li> the opposite to beauty not disproportion or deformity, but ugliness, i. 181.</li> +<li> fitness not the cause of beauty, i. 181.</li> +<li> nor perfection, i. 187.</li> +<li> how far the idea of beauty applicable to the qualities of the mind, i. 188.</li> +<li> how far applicable to virtue, i. 190.</li> +<li> the real cause of beauty, i. 191.</li> +<li> beautiful objects, small, i. 191.</li> +<li> and smooth, i. 193.</li> +<li> and of softly varied contour, i. 194.</li> +<li> and delicate, i. 195.</li> +<li> and of clear, mild, or diversified, colors, i. 196.</li> +<li> beauty of the physiognomy, i. 198.</li> +<li> beauty of the eye, i. 198.</li> +<li> the beautiful in feeling, i. 201.</li> +<li> the beautiful in sounds, i. 203.</li> +<li> physical effects of beauty, i. 232.</li></ul></li> + + +<li>Bede, the Venerable, brief account of him and his works, vii. 250.</li> + +<li>Bedford, the first earl of, who, v. 201.</li> + +<li>Begums of Oude, accused by the East India Company of rebellion, ii. 475.</li> +<li><ul style="list-style: none;"><li> pretence for seizing their treasures, xii. <a href="#Page_33">33</a>.</li></ul></li> + + +<li>Benares, city of, the capital of the Indian religion, ii. 477, 484.</li> +<li><ul style="list-style: none;"><li> province of, its projected sale to the Nabob of Oude, xi. 259.</li> +<li> devastation of, during Mr. Hastings's government, xi. 302, 347.</li> +<li> the Rajah of, nature of his authority, xi. 240.</li> +<li> imprisoned by Mr. Hastings's order, xi. 277.</li> +<li> the Ranny of, the soldiery incited by Mr. Hastings to plunder her, ii. 486.</li></ul></li> + + +<li>Benfield, Paul, his character and conduct, iii. 97.</li> + +<li>Bengal, extent and condition, of, ii. 498.</li> +<li><ul style="list-style: none;"><li> conquest of, by the Emperor Akbar, ix. 392.</li> +<li> era of the independent subahs of, ix. 392.</li> +<li> era of the British empire in, ix. 393.</li> +<li> nature of the government exercised there by Mr. Hastings, xii. <a href="#Page_211">211</a>.</li></ul></li> + + +<li>Bengal Club, observations on the, iv. 324.</li> + +<li>Bidjegur, fortress of, taken by order of Mr. Hastings, xi. 291.</li> + +<li>Biron, Duchess of, murdered by the French regicides, vi. 41.</li> + +<li>Bitterness, in description, a source of the sublime, i. 162.</li> + +<li>Blackness, effects of, i. 229.</li> + +<li>Boadicea, Roman outrages against, vii. 197.</li> + +<li>Boileau, his criticism on a tale in Ariosto, vii. 154.</li> + +<li>Bolingbroke, Lord, animadversions on his philosophical works, i. 3.</li> +<li><ul style="list-style: none;"><li> some characteristics of his style, i. 7.</li> +<li> a presumptuous and superficial writer, iii. 398.</li> +<li> a remark of his on the superiority of a monarchy over other forms of government, iii. 398.</li></ul></li> + + +<li>Boncompagni, Cardinal, character of him, iv. 338.</li> + +<li>Borrower, the public, and the private lender, not adverse parties with contending interests, v. 455.</li> + +<li>Bouillon, Godfrey of, engages in the Crusade, vii. 372.</li> + +<li>Boulogne, fortress of, surrendered to France, v. 204.</li> +<li><ul style="list-style: none;"><li> importance of it to England, v. 204.</li></ul></li> + + +<li>Bouvines, victory of, important advantages of it to France, vii. 458.</li> + +<li>Brabançons, mercenary troops in the time of Henry II., their character, vii. 420.</li> + +<li>Bribing, by means of it, rather than by being bribed, wicked politicians bring ruin on mankind, iii. 107.</li> + +<li>Brissot, his character and conduct, iv. 371.</li> +<li><ul style="list-style: none;"><li> Preface to his Address to his Constituents, v. 65.</li></ul></li> + + +<li>Britain, invasion of, by Cæsar, vii. 165.</li> +<li><ul style="list-style: none;"><li> account of its ancient inhabitants, vii. 170.</li> +<li> invaded by Claudius, vii. 191.</li> +<li> reduced by Ostorius Scapula, vii. 191.</li> +<li> finally subdued by Agricola, vii. 199.</li> +<li> why not sooner conquered, vii. 202.</li> +<li> nature of the government settled there by the Romans, vii. 205.</li> +<li> first introduction of Christianity into, vii. 221.</li> +<li> deserted by the Romans, vii. 223.</li> +<li> entry and settlement of the Saxons there, and their conversion to Christianity, vii. 227.</li></ul></li> + + +<li>Britons, more reduced than any other nation that fell under the German power, vii. 232.</li> + +<li>Brown, Dr., effect of his writings on the people of England, v. 239.</li> + +<li>Buch, Captal de, his severe treatment of the Jacquerie in France, iv. 177.</li> + +<li>Buildings, too great length in them, prejudicial to grandeur of effect, i. 152.</li> +<li><ul style="list-style: none;"><li> should be gloomy to produce an idea of the sublime, i. 158.</li></ul></li> + + +<li>Burke, Mr., his sentiments respecting several leading members of the Whig party, iv. 66.</li> +<li><ul style="list-style: none;"> <li> and respecting a union of Ireland with Great Britain, iv. 297.<span class='pagenum'><a name="Page_410" id="Page_410">{410}</a></span></li> +<li> respecting acts of indemnity and oblivion as a means of reconciling France to a monarchy, iv. 460.</li> +<li> his animadversions on the conduct of Mr. Fox, v. 7.</li> +<li> his pathetic allusion to his deceased son, v. 207.</li></ul></li> + + +<li>Burnet, Bishop, his statement of the methods which carried men of parts to Popery in France, iii. 430.</li> + +<li>Bute, Earl of, his resignation, i. 381.</li> +<li><ul style="list-style: none;"><li> his successors recommended by him, i. 381.</li> +<li> supposed head of the court party called "King's Men," i. 467.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Cæsar, Julius, his policy with respect to the Gauls, vii. 163.</li> +<li><ul style="list-style: none;"><li> his invasion of Germany, vii. 164.</li> +<li> and of Britain, vii. 165.</li></ul></li> + + +<li>Calais, lost by the surrender of Boulogne, v. 204.</li> + +<li>Calamity, its deliberations rarely wise, iii. 540.</li> +<li><ul style="list-style: none;"><li> public calamity often arrested by the seasonable energy of a single man, v. 124.</li></ul></li> + + +<li>Caligula undertakes an expedition against Britain, vii. 190.</li> + +<li>Calonne, M. de, remarks on his work, "L'État de la France," iii. 479.</li> +<li><ul style="list-style: none;"><li> extract from it, iii. 549.</li></ul></li> + + +<li>Campanella, curious story concerning him, i. 212.</li> + +<li>Canada Bills, convention for their liquidation, i. 409.</li> + +<li>Canterbury, dispute between the suffragan bishops of the province and the monks of the Abbey of St. Austin, vii. 446.</li> + +<li>Cantons, French, their origin, nature, and function, iii. 462, 464, 471.</li> + +<li>Cantoo Baboo, Mr. Hastings's banian, x. 19.</li> + +<li>Canute, his character and conduct, vii. 276.</li> +<li><ul style="list-style: none;"><li> remarks on his code of laws, vii. 483.</li></ul></li> + + +<li>Capital, monopoly of, not an evil, v. 151.</li> + +<li>Care, appearance of, highly contrary to our ideas of magnificence, i. 154.</li> + +<li>Carnatic, the extent, nature, and condition of the country, ii. 492; iii. 65.</li> +<li><ul style="list-style: none;"><li> dreadful devastation of it by Hyder Ali Khân, iii. 62.</li></ul></li> + + +<li>Caste, consequences of losing it in India, x. 89.</li> + +<li>Castile, different from Catalonia and Aragon, iv. 340.</li> + +<li>Castles, great numbers of them built in the reign of Stephen, vii. 389.</li> + +<li>Casuistry, origin and requisites of, iv. 168.</li> +<li><ul style="list-style: none;"><li> danger of pursuing it too far, iv. 168.</li></ul></li> + + +<li>Catholics, Letter to an Irish Peer on the Penal Laws against, iv. 217.</li> + +<li>Celsus, his opinion that internal remedies were not of early use proved to be erroneous, vii. 184.</li> + +<li>Cerealis, extract from his fine speech to the Gauls, iv. 272.</li> + +<li>Change and reformation, distinction between, v. 186.</li> + +<li>Characters of others, principles which interest us in them, vii. 148.</li> + +<li>Charity, observations on, v. 146.</li> +<li><ul style="list-style: none;"><li> not to be interfered with by the magistrate, v. 146.</li></ul></li> + + +<li>Charles I. defended himself on the practice of his predecessors, ii. 279.</li> +<li><ul style="list-style: none;"><li> his ill-judged attempt to establish the rites of the Church of England in Scotland, vii. 8.</li></ul></li> + + +<li>Charles II. obliged by the sense of the nation to abandon the Dutch war, ii. 219.</li> +<li><ul style="list-style: none;"><li> brief character of him, iv. 37.</li> +<li> his government compared with that of Cromwell, iv. 467.</li></ul></li> + + +<li>Charles XII. of Sweden, parallel between him and Richard I. of England, vii. 436.</li> + +<li>Charters are kept when their purposes are maintained, ii. 565.</li> + +<li>Chatham, Lord, his character, ii. 61.</li> + +<li>Cheselden, Mr., his story of a boy who was couched for a cataract, i. 226.</li> + +<li>Chester, the County Palatine of, admitted to representation in Parliament in the reign of Henry VIII., ii. 150.</li> + +<li>Chesterfield, Lord, his conduct (when Lord-Lieutenant of Ireland) with respect to the Roman Catholics, iv. 235.</li> + +<li>Cheyt Sing, Rajah of Benares, nature of his authority, ii. 479; xi. 240.</li> +<li><ul style="list-style: none;"><li> imprisoned by order of Mr. Hastings, xi. 277.</li></ul></li> + + +<li>Christendom, the several states of, have all been formed slowly and without any unity of design, v. 373.</li> + +<li>Christianity, original introduction of, into Britain, vii. 221.</li> + +<li>Church, the, has power to reform her doctrine, discipline, and rites, vii. 7.</li> + +<li>Church establishment in England, observations on it, iii. 352.</li> +<li><ul style="list-style: none;"><li> the provision made for its clergy by the state, iii. 364.</li> +<li> education of its clergy contrasted with that of the Roman Catholic clergy, iv. 231.</li> +<li> eulogy on it, vi. 401; vii. 36, 56.</li></ul></li> + + +<li>Cicero, remarks on his orations against Verres, xii. <a href="#Page_349">349</a>.</li> + +<li>Circumstances, importance of them in all political principles, iii. 240; vii. 55.</li> + +<li>Citizens, not to be listened to, in matters relating to agriculture, v. 146.</li> + +<li>Civil list, debts due on it, request for a supply for discharging them, how made, i. 508.</li> +<li><ul style="list-style: none;"><li> plan of economy relative to it, ii. 350.</li></ul></li> + + +<li>Civil society, great purpose of, vi. 333.</li> + +<li>Civil vicinity, law of, what, v. 322.</li> + +<li>Civil wars corrupt the morals of the people, ii. 203.<span class='pagenum'><a name="Page_411" id="Page_411">{411}</a></span></li> + +<li>Clamor, justifiable when it is caused by abuse, vii. 121.</li> + +<li>Clarendon, Constitutions of, vii. 403.</li> + +<li>Claudius, the Emperor invades Britain, vii. 191.</li> + +<li>Clavering, Sir John, eulogy on him, x. 246; xii. <a href="#Page_348">348</a>.</li> + +<li>Clear expression, different from a strong one, i. 260.</li> + +<li>Clearness not necessary for affecting the passions, i. 133.</li> + +<li>Clergy, convocation of, a part of the constitution, ii. 226.</li> +<li><ul style="list-style: none;"><li> observations on the provision made by the state for them, iii. 364, 448.</li> +<li> Roman Catholic, in France, character of them before the Revolution, iii. 424.</li> +<li> laws of William and Anne respecting the Popish clergy, vi. 317.</li> +<li> review of the state of the clergy in England down to the reign of Henry II., vii. 398.</li></ul></li> + + +<li>Clive, Lord, sent to India, ix. 438.</li> +<li><ul style="list-style: none;"><li> his conduct there, ix. 439.</li></ul></li> + + +<li>Clootz, Anacharsis, his masquerade embassy to the Constituent Assembly of France, vi. 49.</li> + +<li>Coke, Lord, ingenious quotation in his Reports, i. 5.</li> +<li><ul style="list-style: none;"><li> his observation on discretion in judicature, iv. 292.</li></ul></li> + + +<li>Colonies, commercial, mode of levying taxes in them, an important and difficult consideration, i. 354.</li> +<li><ul style="list-style: none;"><li> American, import ten times more from Great Britain, than they spend in return, i. 393.</li></ul></li> + + +<li>Colonists, the British, in America, character of, i. 395.</li> +<li><ul style="list-style: none;"><li> Address to, vi. 183.</li></ul></li> + + +<li>Colors, soft and cheerful ones unfit to produce grand images, i. 158.</li> + +<li>Comedy, observations on, vii. 150.</li> +<li><ul style="list-style: none;"><li> Aristotle's distinction between it and tragedy, vii. 153.</li></ul></li> + + +<li>Comines, Philip de, his remarks on the English civil wars, vi. 252.</li> + +<li>Commerce and liberty, the two main sources of power to Great Britain, ii. 87.</li> +<li><ul style="list-style: none;"><li> great increase of, in America, ii. 112.</li></ul></li> + + +<li>Common law, nature of the, vii. 462.</li> + +<li>Common Pleas, court of, its origin, vii. 466.</li> + +<li>Commons, the House of, observations on its nature and character, i. 491.</li> +<li><ul style="list-style: none;"><li> what qualities recommend a man to a seat in it, in popular elections, i. 497.</li> +<li> can never control other parts of the government, unless the members themselves are controlled by their constituents, i. 503.</li> +<li> ought to be connected with and dependent on the people, i. 508.</li> +<li> has a collective character, distinct from that of its members, ii. 66.</li> +<li> duty of the members to their constituents, ii. 95.</li> +<li> general observations on its privileges and duties, ii. 544.</li> +<li> the collective sense of the people to be received from it, ii. 545.</li> +<li> its powers and capacities, ii. 552.</li> +<li> cannot renounce its share of authority, iii. 258.</li> +<li> its composition, iii. 289.</li> +<li> the most powerful and most corruptible part of the constitution, vii. 62.</li> +<li> a superintendence over the doctrines and proceedings of the courts of justice, one of its principal objects, vii. 107.</li> +<li> concise view of its proceedings on the East India question, ii. 559.</li></ul></li> + + +<li>Commonwealths, not subject to laws analogous to those of physical life, v. 124, 234.</li> + +<li>Communes, in France, their origin, nature, and function, iii. 462, 464, 472.</li> + +<li>Compurgators, in Saxon law, what, vii. 318.</li> + +<li>Condorcet, brief character of him, iv. 356, 372.</li> +<li><ul style="list-style: none;"><li> extract from a publication of his, iv. 356.</li></ul></li> + + +<li>Confidence, unsuspecting, in government, importance of it, ii. 234.</li> +<li><ul style="list-style: none;"><li> of mankind, how to be secured, v. 414.</li></ul></li> + + +<li>Connections, party, political, observations on them, i. 527, 530.</li> +<li><ul style="list-style: none;"><li> commended by patriots in the commonwealths of antiquity, i. 527.</li> +<li> the Whig connection in Queen Anne's reign, i. 529.</li></ul></li> + + +<li>Conquest cannot give a right to arbitrary power, ix. 456.</li> + +<li>Conscience, a tender one ought to be tenderly handled, vii. 54.</li> + +<li>Constantine the Great, changes made by him in the internal policy of the Roman Empire, vii. 220.</li> + +<li>Constantinople, anecdote of the visit of an English country squire to, v. 387.</li> +<li><ul style="list-style: none;"><li> anecdote of the Greeks at the taking of, vi. 96.</li></ul></li> + + +<li>Constituents, in England, more in the spirit of the constitution to lessen than to enlarge their number, i. 370.</li> +<li><ul style="list-style: none;"><li> their duty to their representatives, ii. 370.</li> +<li> compulsive instruction from them first rejected by Mr. Burke, iv. 95.</li> +<li> points in which they are incompetent to instruct their representatives, vii. 74, 75.</li></ul></li> + + +<li>Constitution, a, cannot defend itself, vi. 100.</li> +<li><ul style="list-style: none;"><li> consequences of disgracing the frame and constitution of the state, vii. 103.</li> +<li> the English, a change in it, an immense and difficult operation, i. 371, 520.<span class='pagenum'><a name="Page_412" id="Page_412">{412}</a></span></li> +<li> English, changes in it to be attempted only in times of general confusion, i. 371.</li> +<li> eulogy on it, iii. 561; v. 210; vii. 100.</li> +<li> the whole scheme of it to prevent any one of its principles from being carried to an extreme, iv. 207.</li> +<li> not struck out at a heat, iv. 209.</li> +<li> commendation of it by Montesquieu, iv. 212.</li> +<li> the only means of its subversion, what, v. 49, 52.</li></ul></li> + + +<li>Constitutional Society, The, its nature and design, iii. 236.</li> + +<li>Conti, Prince de, his character and conduct, iv. 436.</li> + +<li>Contract, an implied, one, always, between the laborer and his employer, v. 137.</li> + +<li>Contracting parties, not necessary that they should have different interests, v. 139.</li> + +<li>Control and exercise of authority together contradictory, iv. 164.</li> + +<li>Convocation of the clergy, though a part of the constitution, now called for form only, ii. 226.</li> + +<li>Conway, General, moves the repeal of the American Stamp Act, ii. 52.</li> + +<li>Cornwallis, Lord, (Baron,) proceedings in his trial, xi. 30.</li> + +<li>Cornwallis, Lord, (Marquis,) his evidence at the trial of Warren Hastings, xii. <a href="#Page_359">359</a>.</li> + +<li>Coronation oath, its obligations with respect to Roman Catholics, iv. 259.</li> + +<li>Corporate bodies, their usefulness as instruments, iii. 441.</li> +<li><ul style="list-style: none;"><li> more under the direction of the state than private citizens, iii. 447.</li></ul></li> + + +<li>Corruption, of nature and example, what the only security against, ii. 238.</li> +<li><ul style="list-style: none;"><li> in pecuniary matters, the suspicion of it how to be avoided, iii. 95.</li></ul></li> + + +<li>Cossim, Ali Khân, his character and conduct, ix. 405.</li> + +<li>Country, lore of, remarks on, xi. 422.</li> + +<li>Credit and power incompatible, i. 368.</li> + +<li>Crimes, the acts of individuals, not of denominations, ii. 418.</li> +<li><ul style="list-style: none;"><li> according to the criminal law, what, vi. 340.</li></ul></li> + + +<li>Cromwell, brief character of him, iii. 294.</li> +<li><ul style="list-style: none;"><li> his principle in the appointment of judges, iv. 13.</li> +<li> his conduct in government, iv. 37.</li> +<li> his government compared with that of Charles II., iv. 467.</li></ul></li> + + +<li>Cross, the effect of it not so grand in architecture as that of the parallelogram, i. 150.</li> + +<li>Crown, the influence of it, what, i. 444.</li> +<li><ul style="list-style: none;"><li> inheritable nature of it, iii. 258.</li> +<li> this principle maintained at the Revolution, iii. 254.</li> +<li> the only legitimate channel of communication with other nations, v. 10.</li></ul></li> + + +<li>Crusade, origin and progress of the, vii. 369.</li> + +<li>Curfew, origin and policy of the, vii. 354.</li> + +<li>Curiosity, the first and simplest emotion of the human mind, i. 101.</li> +<li><ul style="list-style: none;"><li> general observations on it, i. 101.</li></ul></li> + + +<li>Custom, considered in relation to deformity and beauty, i. 179.</li> +<li><ul style="list-style: none;"><li> not the cause of pleasure, i. 180.</li></ul></li> + + +<li>Cyprus, account of the conquest of it by Richard I., vii. 428.</li></ul> + + + +<ul style="list-style: none;"><li>Danger and pain, the idea of them a source of the sublime, i. 110, 130.</li> +<li><ul style="list-style: none;"><li> with certain modifications, delightful, i. 111.</li> +<li> the danger of anything very dear to us removes for the time all other affections from the mind, iv. 95.</li></ul></li> + + +<li>Darkness more productive of sublime ideas than light, i. 156.</li> +<li><ul style="list-style: none;"><li> necessary to the highest degree of the sublime in building, i. 158.</li> +<li> Locke's opinion concerning, i. 225.</li> +<li> terrible in its own nature, i. 226.</li> +<li> why, i. 227.</li></ul></li> + + +<li>Davies, Sir John, his statement of the benefits of the extension of English constitutional law to Ireland, ii. 147; iv. 273.</li> + +<li>Day, not so sublime as night, i. 158.</li> + +<li>Debi Sing, his character and conduct, x. 69.</li> + +<li>Debt, the interest of, not the principal, that which distresses a nation, i. 329.</li> + +<li>Debts, civil, faults of the law with regard to, ii. 384.</li> +<li><ul style="list-style: none;"><li> public, excessive, their tendency to subvert government, iii. 437.</li></ul></li> + + +<li>Deceivers and cheats never can repent, iv. 9.</li> + +<li>Declaration of Right, contains the principles of the Revolution of 1688, iii. 252.</li> +<li><ul style="list-style: none;"><li> drawn by Lord Somers, iii. 254.</li> +<li> proceeds upon the principle of reference to antiquity, iii. 273.</li></ul></li> + + +<li>Defensive measures, though vigorous at first, relax by degrees, iv. 355.</li> +<li><ul style="list-style: none;"><li> necessary considerations with regard to them, vi. 100.</li></ul></li> + + +<li>Definitions, frequently fallacious, i. 81.</li> + +<li>Deformity not opposed to beauty, but to the complete common form, i. 178.</li> + +<li>Deity, power the most striking of his attributes, i. 143.</li> + +<li>Delamere, Lord, proceedings in his trial, xi. 31.</li> + +<li>Delight, what, i. 107.</li> +<li><ul style="list-style: none;"><li> distinguished from pleasure, i. 108.</li> +<li> the misfortunes of others sometimes a source of, i. 118.</li> +<li> the attendant of every passion which animates us to any active purpose, i. 119.</li> +<li> how pain can be a cause of, i. 215.<span class='pagenum'><a name="Page_413" id="Page_413">{413}</a></span></li></ul></li> + + +<li>Democracy, no example in modern times of a considerable one, iii. 396.</li> +<li><ul style="list-style: none;"><li> an absolute one, not to be reckoned among the legitimate forms of government, iii. 396.</li> +<li> Aristotle's observation on the resemblance between a democracy and a tyranny; iii. 397.</li> +<li> the vice of the ancient democracies, what, iii. 508.</li> +<li> the foodful nurse of ambition, iv. 104.</li></ul></li> + + +<li>Departments in France, their origin, nature, and function, iii. 461, 465.</li> + +<li>Depth thought to have a grander effect than height, i. 147.</li> + +<li>Description, verbal, a means of raising a stronger emotion than painting, i. 133.</li> + +<li>Desirable things always practicable, ii. 357.</li> + +<li>Despotism, nature of, i. 446; ix. 458.</li> + +<li>D'Espréménil, the illustrious French magistrate, murdered by the Revolutionists, vi. 40.</li> + +<li>Dialogue, advantages and disadvantages of it as a mode of argumentation, vi. 9.</li> + +<li>Difference in taste, commonly so called, whence, i. 89.</li> + +<li>Difficulty, a source of greatness in idea, i. 153.</li> +<li><ul style="list-style: none;"><li> its disciplinary uses, iii. 453.</li> +<li> political difficulties, ill consequences of attempting to elude them, iii. 454.</li></ul></li> + + +<li>Dignity, national, no standard for rating the conditions of peace, v. 257.</li> + +<li>Dimension, greatness of, a powerful cause of the sublime, i. 147.</li> +<li><ul style="list-style: none;"><li> necessary to the sublime in building, i. 152.</li> +<li> but incompatible with beauty, i. 242.</li></ul></li> + + +<li>Dinagepore, Rajah of, account of him, xii. <a href="#Page_318">318</a>.</li> + +<li>Diogenes, anecdote of him, iv. 61.</li> + +<li>Directory, the, by whom settled, vii. 13.</li> +<li><ul style="list-style: none;"><li> rejected at the Restoration, vii. 13.</li></ul></li> + + +<li>Disappointment, what, i. 108.</li> + +<li>Discontents, Thoughts on the Cause of the Present, i. 433.</li> +<li><ul style="list-style: none;"><li> produced by a system of favoritism, i. 469.</li></ul></li> + + +<li>Discretion, Lord Coke's remark on, iv. 292.</li> + +<li>Discretionary powers of the monarch, should be exercised upon public principles, i. 469.</li> + +<li>Discrimination, a coarse, the greatest enemy to accuracy of judgment, v. 143.</li> + +<li>Dissenters, observations on the Test Act, in reference to them, iv. 264.</li> + +<li>Distress, great, never teaches wise lessons to mankind, iv. 10.</li> + +<li>Distrust, advantages of, iv. 443.</li> + +<li>Disunion in government, mischief of, i. 425.</li> + +<li>Divorce, observations on, v. 313.</li> + +<li>Domesday Book, origin, and nature of it, vii. 354.</li> + +<li>Double cabinet, project of a, in the English court, i. 447.</li> +<li><ul style="list-style: none;"><li> nature and design of it, i. 454.</li> +<li> mischievous influence of it, i. 478.</li> +<li> how recommended at court, i. 485.</li> +<li> its operation upon Parliament, i. 490.</li> +<li> singular doctrine propagated by it, i. 525.</li></ul></li> + + +<li>Drama, Hints for an Essay on the, vii. 143.</li> + +<li>Dramatic writing, difficulty of, vii. 145.</li> +<li><ul style="list-style: none;"><li> origin of, vii. 149.</li></ul></li> + + +<li>Druids, some account of their origin, character, and functions, vii. 176.</li> +<li><ul style="list-style: none;"><li> the opinion that their religion was founded on the unity of the Godhead, confuted, vii. 185.</li></ul></li> + + +<li>Dryden, his translation of a passage in Virgil, v. 391.</li> + +<li>Du Bos, his theory of the greater effect of painting than of poetry on the passions, controverted, i. 134.</li> + +<li>Dunkirk, demolition of, i. 412.</li> + +<li>Dunning, Mr., brief character of, ii. 398.</li> + +<li>Du Pin, M. de la Tour, his account of the state of the army in France, iii. 512.</li> + +<li>Durham, County Palatine of, admitted to representation in Parliament, in the reign of Charles II., ii. 152.</li> + +<li>Duty, effectual execution of it, how to be secured, ii. 353.</li> +<li><ul style="list-style: none;"><li> determined by situation, ii. 465; iv. 167.</li> +<li> people do not like to be told of it, iv. 163.</li> +<li> not dependent on the will, iv. 165.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Easter, whence the name derived, vii. 237.</li> +<li><ul style="list-style: none;"><li> disputes about the time of celebrating it promote the study of astronomy and chronology, vii. 252.</li></ul></li> + + +<li>East India Company, origin of the, ix. 348.</li> +<li><ul style="list-style: none;"><li> system of its service, ix. 350.</li> +<li> a fundamental part of its constitution, that its government shall be a written one, ix. 369.</li> +<li> two sources of its power, ix. 345.</li> +<li> its negotiations with government, i. 362.</li> +<li> observations on its charter, ii. 438.</li> +<li> extent and population of its possessions, ii. 443, 444.</li> +<li> observations on its conduct, ii. 446.</li> +<li> its treatment of the nations indirectly subject to its authority, ii. 466.</li> +<li> its administration in the countries immediately under its government, ii. 497.</li> +<li> concise view of the proceedings of the House of Commons relative to it, ii. 559.</li></ul></li> + + +<li>East Indies, origin of the extensive British possessions there, ii. 560.</li> + +<li>Ecclesiastical investiture, origin and nature of, vii. 382.</li> + +<li>Economy and war not easily reconciled, i. 310.<span class='pagenum'><a name="Page_414" id="Page_414">{414}</a></span></li> +<li><ul style="list-style: none;"><li> admirable system of, in France, under Necker, ii. 273.</li> +<li> difficulty of attempting a plan of public economy, ii. 268.</li> +<li> rules for a proper plan of, ii. 286.</li> +<li> things prescribed by the principles of radical economy, ii. 310.</li> +<li> distinction between economy and parsimony, v. 195.</li> +<li> political economy, had its origin in England, v. 192.</li></ul></li> + + +<li>Education, effect of it on the colonists in America, ii. 124.</li> +<li><ul style="list-style: none;"><li> description of a good one, iv. 24; xii. <a href="#Page_280">280</a>.</li></ul></li> + + +<li>Edward the Confessor, his character and conduct, vii. 278.</li> + +<li>Election, popular, of magistrates, importance of it to a state, i. 472.</li> +<li><ul style="list-style: none;"><li> right of, what, i. 505.</li> +<li> mischief of frequent elections, i. 517; vii. 75.</li> +<li> the expense of them an important consideration, vii. 78.</li></ul></li> + + +<li>Elizabeth, sister of Louis XVI., murdered by the French regicides, vi. 41.</li> + +<li>Emphyteusis of the Romans, nature of it, vi. 354.</li> + +<li>Empires do not fall by their own weight, vi. 27.</li> + +<li>England, nature of its monarchy, ii. 288.</li> +<li><ul style="list-style: none;"><li> eulogy on its constitution, v. 210;</li> +<li> natural representation of its people, what it is, v. 284.</li> +<li> its constant policy with regard to France, iv. 397.</li> +<li> always necessarily the soul and head of any confederacy against France, iv. 397; v. 245.</li></ul></li> + + +<li>English History, An Abridgment of the, vii. 157.</li> + +<li>Enmity, when avowed, is always felt, vi. 57.</li> + +<li>Enthusiasm, excited by other causes besides religion, v. 361.</li> + +<li>Eostre, the name of a Saxon goddess,—whence the term Easter, vii. 237.</li> + +<li>Epicureans, the, why tolerated in their atheism by the supporters of the ancient heathen religions, vii. 31.</li> +<li><ul style="list-style: none;"><li> their physics the most rational of the ancient systems, vii. 251.</li> +<li> why discredited, vii. 251.</li></ul></li> + + +<li>Equity, criminal, a monster in jurisprudence, i. 500.</li> + +<li>Established Church, the, should be powerful, but comprehensive and tolerant, vii. 36.</li> + +<li>Established religion of a state, has often torn to pieces the civil establishment, vi. 357.</li> + +<li>Establishment, legal, ground of a legislative alteration of it, vii. 10.</li> +<li><ul style="list-style: none;"><li> ground of the constitutional provision for the exclusive application of tithes to its support, vii. 12.</li></ul></li> + + +<li>Etiquette, its signification and uses, v. 434.</li> + +<li>Europe, general division of, before the universal prevalence of the Roman power, vii. 159.</li> +<li><ul style="list-style: none;"><li> the original inhabitants of Greece and Italy of the same race with the people of Northern Europe, vii. 161.</li> +<li> view of the state of Europe at the time of the Norman invasion, vii. 327.</li></ul></li> + + +<li>Evidence, circumstantial, remarks on it, xi. 93.</li> + +<li>Example, of men of principle, never without use, i. 426.</li> +<li><ul style="list-style: none;"><li> the only argument of effect in civil life, i. 499.</li> +<li> what the only security against a corrupt one, ii. 238.</li> +<li> the school of mankind, v. 331.</li></ul></li> + + +<li>Executions of criminals, observations on them, vi. 245.</li> + +<li>Exercise necessary to the finer organs, i. 216.</li> + +<li>Expression, difference between a clear and a strong one, i. 260.</li> + +<li>Eye, the, in what its beauty consists, i. 198.</li> + +<li>Eyre, Sir Robert, (Solicitor-General,) extracts from his speech at the trial of Dr. Sacheverell, iv. 138.</li></ul> + + + +<ul style="list-style: none;"><li>Factions, formed upon and generate opinions, vii. 44.</li> + +<li>Fame, a passion for it, the instinct of all great souls, ii. 65.</li> +<li><ul style="list-style: none;"><li> the separation of it from virtue, a harsh divorce, ii. 243.</li></ul></li> + + +<li>Fanaticism, epidemical, formidable nature of it, iii. 435.</li> +<li><ul style="list-style: none;"><li> may be caused by a theory concerning government as much as by a dogma in religion, iv. 192.</li></ul></li> + + +<li>Farmer, dangerous to try experiments on him, v. 147.</li> +<li><ul style="list-style: none;"><li> amount of his usual profits, what, v. 148.</li> +<li> difficulties of his business, v. 152.</li></ul></li> + + +<li>Favoritism, a system of, in the executory government of England, at variance with the plan of the legislature, i. 469.</li> + +<li>Fear, cause of it, i. 210.</li> +<li><ul style="list-style: none;"><li> early and provident fear the mother of safety, vii. 50.</li></ul></li> + + +<li>Feeling, the beautiful in, i. 201.</li> + +<li>Female sex, the moral sensibility more acute in them then in men, xii. <a href="#Page_164">164</a>.</li> + +<li>Finances, three standards to judge of the condition of a nation with regard to them, i. 330.</li> +<li><ul style="list-style: none;"><li> importance of them to a state, iii. 534.</li> +<li> admirable management of the French finances under Necker, ii. 273.</li></ul></li> + + +<li>Financier, duty of a judicious one in respect to his calculations, i. 348.</li> +<li><ul style="list-style: none;"><li> his objects, what, iii. 538, 558.<span class='pagenum'><a name="Page_415" id="Page_415">{415}</a></span></li></ul></li> + + +<li>Fire, a chief object of worship to the Druids, why, vii. 182.</li> + +<li>Firmness, a virtue only when it accompanies the most perfect wisdom, i. 440.</li> + +<li>Fitness, not the cause of beauty, i. 181.</li> +<li><ul style="list-style: none;"><li> the real effects of it, i. 184.</li></ul></li> + + +<li>Flattery, why so prevalent, i. 124.</li> + +<li>Florence, republic of, its origin, vii. 331.</li> + +<li>Force, not impaired, either in effect or opinion, by an unwillingness to exert itself, ii. 108.</li> +<li><ul style="list-style: none;"><li> objections to its employment against the American colonies, ii. 118.</li></ul></li> + + +<li>Forest lands, plan of economical reform concerning them, ii. 300.</li> + +<li>Foster, Justice, extracts from his Crown Cases and Discourses on the Crown Law, xi. 28, 123.</li> + +<li>Fox, (C.J.) panegyrics on him, ii. 533; iii. 219.</li> +<li><ul style="list-style: none;"><li> reluctant dissent from his opinion concerning the assumption of citizenship by the French army, iii. 218.</li> +<li> animadversions on his commendation of the French Revolution, iv. 77; v. 7.</li> +<li> policy of a treaty with France maintained by him, v. 26.</li> +<li> his conduct contrasted with that of Mr. Pitt, v. 60.</li></ul></li> + + +<li>France, from its vicinity, always an object of English vigilance with regard to its power or example, iii. 216.</li> +<li><ul style="list-style: none;"><li> Remarks on the Policy of the Allies with respect to, iv. 403.</li> +<li> the liberties of Europe dependent on its being a great and preponderating power, iv. 455.</li> +<li> character of its government before the Revolution, as shown by a review of the condition of the kingdom, iii. 400.</li> +<li> its exterior splendor just before the Revolution, v. 236.</li> +<li> state of things there during the Revolution, iv. 70.</li> +<li> barbarous treatment of the king and queen at the outbreak of the Revolution, iii. 325.</li> +<li> eloquent description of the queen as Dauphiness, and of the revolution in her fortunes, iii. 331.</li> +<li> observations on her execution, vi. 40.</li> +<li> degraded office to which the king was appointed by the Revolutionists, iii. 496; iv. 20.</li> +<li> with his own hand pulled down the pillars of his throne, iv. 362.</li> +<li> character of the king's brothers, iv. 429.</li> +<li> character of the aristocracy before the Revolution, iii. 412; vi. 39.</li></ul></li> + + +<li>Franchise and office, difference between them, iv. 252.</li> +<li><ul style="list-style: none;"><li> effect of separating property from franchise, iv. 256.</li></ul></li> + + +<li>Franklin, Dr., conjectures on his visit to Paris, vi. 152.</li> + +<li>Freedom, the great contests for it in England chiefly on the question of taxation, ii. 120.</li> +<li><ul style="list-style: none;"><li> but in the ancient commonwealths chiefly on the right of election of magistrates, or on the balance among the several orders of the state, ii. 120.</li> +<li> character of civil freedom, ii. 229.</li> +<li> our best securities for it obtained from princes who were either war-like or prodigal, vi. 35.</li></ul></li> + + +<li>French Affairs, Thoughts on, iv. 313.</li> + +<li>French Directory, the character of its members, v. 448.</li> +<li><ul style="list-style: none;"><li> their conduct towards the foreign ministers, vi. 48.</li></ul></li> + + +<li>French emigrants, capable of being serviceable in restoring order to France, iv. 427.</li> + +<li>French literary cabal, their plan for the destruction of Christianity, iii. 378.</li> + +<li>French moneyed interest, at variance with the landed interest, iii. 376.</li> + +<li>French Revolution, characterized as one of doctrine and theoretic dogma, iv. 319.</li> +<li><ul style="list-style: none;"><li> its fundamental principle, iv. 322.</li></ul></li> + + +<li>Frenchmen naturally more intense in their application than Englishmen, iv. 54.</li> +<li><ul style="list-style: none;"><li> mischievous consequences of this, iv. 55.</li></ul></li> + + +<li>Friends of the Liberty of the Press, a club formed under the auspices of Mr. Fox, v. 20.</li> +<li><ul style="list-style: none;"><li> origin and character of it, v. 20.</li></ul></li> + + +<li>Friends of the People, origin, composition, and proceedings of the club so called, v. 12.</li> +<li><ul style="list-style: none;"><li> a libellous petition of theirs, v. 47.</li></ul></li> + + +<li>Frugality, founded on the principle that all riches have limits, ii. 308.</li></ul> + + + +<ul style="list-style: none;"><li>Gaming, a principle inherent in human nature, ii. 293.</li> +<li><ul style="list-style: none;"><li> a general spirit of it encouraged by the Revolutionists in France, iii. 488.</li> +<li> they who are under its influence treat their fortunes lightly, iv. 204.</li></ul></li> + + +<li>Garrick, David, anecdote of him, vi. 47.</li> + +<li>Gauls, their early incursions into Greece and Italy, vii. 161.</li> +<li><ul style="list-style: none;"><li> reduced at last by the Romans under Cæsar, vii. 162.</li> +<li> policy of Cæsar with regard to them, vii. 163.</li></ul></li> + + +<li>Geneva, possible benefits to it from state granaries, v. 155.</li> + +<li>Genghis Khân, observations on his code, xi. 212.</li> + +<li>Genoa, republic of, its origin, vii. 831.</li> + +<li>Gentoo law, the primeval law of India, xi. 207.<span class='pagenum'><a name="Page_416" id="Page_416">{416}</a></span></li> + +<li>Gentoos, the original inhabitants of Hindostan, ix. 377.</li> +<li><ul style="list-style: none;"><li> distribution of the people into orders or castes, ix. 380.</li> +<li> origin and character of their laws, ix. 482.</li> +<li> extracts from Halhed's translation of them, xi. 209.</li></ul></li> + + +<li>George II., character of his reign, i. 456.</li> + +<li>George III., advantages under which he came to the throne, i. 450.</li> + +<li>Germanic Custumary, the source of the polity of every country in Europe, v. 319.</li> + +<li>Germans, of Scythian original, vii. 322.</li> +<li><ul style="list-style: none;"><li> brief account of their manners and institutions, vii. 291.</li> +<li> in certain of their institutions the outlines of the constitution of England delineated, vii. 293.</li></ul></li> + + +<li>Germany, how likely to be affected by the Revolution in France, iv. 328.</li> + +<li>Gibraltar, the object of England in retaining it, iv. 383.</li> + +<li>Glastonbury Abbey, its extraordinary wealth and splendor, vii. 245.</li> + +<li>Go-betweens, the world governed by, iv. 189.</li> +<li><ul style="list-style: none;"><li> their mode of influence, iv. 190.</li></ul></li> + + +<li>Good fame of every man, ought to be protected by the laws, vii. 112.</li> + +<li>Gothic Custumary, the source of the polity of every country in Europe, v. 319.</li> + +<li>Government, the forms of a free one not altogether incompatible with the ends of an arbitrary one, i. 444.</li> +<li><ul style="list-style: none;"><li> project of government devised in the court of Frederick, Prince of Wales, i. 447.</li> +<li> considered, i. 450.</li> +<li> nature and design of it, i. 460.</li> +<li> name of it, i. 466.</li> +<li> important ends of a mixed government, i. 469.</li> +<li> folly of hazarding plans of government except from a seat of authority, ii. 104.</li> +<li> government a practical thing, ii. 227; iii. 310.</li> +<li> character of a free one, ii. 227.</li> +<li> an eminent criterion of a wise one, what, ii. 278.</li> +<li> reform in it should be early and temperate, ii. 280.</li> +<li> without means of some change, is without the means of its conservation, iii. 259.</li> +<li> difficulty of forming a free one, iii. 560.</li> +<li> the particular form of it to be determined by the circumstances and habits of a country, iv. 109.</li> +<li> a theory concerning it may be as much a cause of fanaticism as a dogma in religion, iv. 192.</li> +<li> the establishment of one a difficult undertaking for foreign powers to act in as principals, iv. 410.</li> +<li> not subject to laws analogous to those or physical life, v. 124, 234.</li> +<li> restraint the great purpose of, v. 133, 189.</li> +<li> policy of, in times of scarcity, v. 156.</li> +<li> important problem concerning, v. 166.</li> +<li> perishes only through its own weakness, v. 169.</li> +<li> impossible where property does not rule, v. 377.</li> +<li> the great objects of, v. 466; vii. 72.</li> +<li> its duty and right to attend much to opinions, vii. 44.</li> +<li> stands on opinion, vii. 91.</li></ul></li> + + +<li>Grace, acts of, impolicy of them, ii. 386.</li> + +<li>Gracefulness, an idea belonging to posture and motion, i. 200.</li> + +<li>Granaries, public, danger in erecting them, v. 153.</li> +<li><ul style="list-style: none;"><li> fit only for a state too small for agriculture, v. 155.</li></ul></li> + + +<li>Grand Seignior, the, not an arbitrary monarch, ix. 464.</li> + +<li>Great personages, wisely provided that we should interest ourselves in their fate, xi. 308.</li> +<li><ul style="list-style: none;"><li> everywhere made the objects of tragedy, xi. 308.</li></ul></li> + + +<li>Greece, its original inhabitants of the same race as the people of Northern Europe, vii. 161.</li> +<li><ul style="list-style: none;"><li> situation of it from a remote period, vii. 161.</li></ul></li> + + +<li>Greek Church, character of its secular clergy, iv. 230.</li> + +<li>Green Cloth, Court of, its origin and composition, ii. 304.</li> + +<li>Grenville, Mr., character of him, ii. 37.</li> + +<li>Grenville, Lord, eulogy of him, v. 174.</li> + +<li>Grief, cause of, i. 108.</li> + +<li>Guienne, William, Duke of, engages in the Crusade, vii. 374.</li> + +<li>Guilt, gigantic, overpowers our ideas of justice, iv. 466.</li> +<li><ul style="list-style: none;"><li> expedients for concealing it, frequently the cause of its detection, x. 49.</li> +<li> is never wise, x. 49; xi. 261.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Habeas Corpus, remarks upon the suspension of it in respect to Americans, ii. 190.</li> + +<li>Habit and use, not causes of pleasure, i. 180.</li> + +<li>Hale, Sir Matthew, Cromwell's declaration to him when he appointed him judge, iv. 13.</li> +<li><ul style="list-style: none;"><li> defect in his History of the Common Law, vii. 476.</li> +<li> causes of it, vii. 476.</li></ul></li> + + +<li>Halhed's translation of the Gentoo code, remarks on it, xi. 207.</li> + +<li>Hallmote, or Court Baron, what, vii. 301.</li> + +<li>Hannay, Colonel, his character and conduct, xi. 418.</li> + +<li>Happiness, civil, what, x. 135.<span class='pagenum'><a name="Page_417" id="Page_417">{417}</a></span></li> + +<li>Hardwicke, Lord, his declaration as to the general rule of evidence, xi. 77.</li> + +<li>Harrington, his opinion as to a commonwealth not governed by its property, v. 377.</li> + +<li>Hastings, Mr., articles of charge against him presented to the House of Commons, 1786, viii. 305-ix. 318.</li> +<li><ul style="list-style: none;"><li> appendix to the eighth and sixteenth charges, ix. 319.</li> +<li> speeches of Mr. Burke in his impeachment, ix. 327-x. 451; xi. 155-xii. 398.</li> +<li> Report from the Committee appointed to inspect the Lords' Journals, in relation to their proceedings on his trial, xi. 1.</li> +<li> his conduct in the treaty with the Mahrattas, ii. 454.</li> +<li> brief account of his treatment of the Nabob of Oude, ii. 467.</li> +<li> of the Begums of Oude, ii. 476.</li> +<li> of the Ranny of Benares, ii. 485.</li> +<li> his venal agreement for the extirpation of the Rohillas, viii. 308.</li> +<li> his fraudulent sale of the territories of the Mogul, viii. 322.</li> +<li> his designs against the Rajah of Benares, viii. 339.</li> +<li> orders the arrest of the Rajah, viii. 361.</li> +<li> instigates the plunder of his family by the soldiery, viii. 368.</li> +<li> usurps the government of Benares, viii. 380.</li> +<li> his oppressive impositions and exactions, viii. 381.</li> +<li> enforces the confiscation of the landed estates of the Begums of Oude, viii. 403.</li> +<li> orders the seizure of their treasures, viii. 409.</li> +<li> severities practised upon their ministers in the execution of those orders, viii. 414.</li> +<li> endeavors to stifle an inquiry into his proceedings, viii. 448.</li> +<li> corruptly abandons the Nabob of Furruckabad and his country to the oppressions of the Nabob of Oude, viii. 472.</li> +<li> causes the destruction of the Rajah of Sahlone, viii. 486.</li> +<li> sets at defiance the orders of the Company with respect to contracts, ix. 4.</li> +<li> and with respect to salaries, ix. 11.</li> +<li> his illegal and extravagant allowances to Sir Eyre Coote, ix. 12.</li> +<li> and to Brigadier-General Stibbert, ix. 13.</li> +<li> and to Sir John Day, ix. 15.</li> +<li> and for the civil establishment of Fort William, ix. 17.</li> +<li> his appointment of the Secretary of the Council as agent for the supply of rice, with enormous commissions, ix. 19.</li> +<li> his corrupt receipt of presents in numerous instances, ix. 23.</li> +<li> tender and subsequent disavowal of his resignation, and refusal to vacate office, ix. 42.</li> +<li> his illegal contract with the Surgeon-General, ix. 60.</li> +<li> his contracts for Poolbundy repairs, ix. 60.</li> +<li> his opium contracts, ix. 63.</li> +<li> his appointment of R.J. Sulivan to office, ix. 70.</li> +<li> his conduct with regard to the Ranna of Gohud, ix. 72.</li> +<li> his frequent, violent, and unauthorized changes in the revenue and judicial systems of Bengal, ix. 79, 87.</li> +<li> permits his own banian to hold farms to a large amount in different districts, in violation of his own regulations, ix. 83.</li> +<li> refuses relief to the distresses of the Nabob of Oude, ix. 98.</li> +<li> seeks to enforce unjust demands against the Nabob, ix. 98.</li> +<li> illegally assumes the delegation of the whole functions of the Council, for the purpose of making a treaty with the Nabob, ix. 104.</li> +<li> in contravention of treaty stipulations, burdens the Nabob with the continued maintenance of British troops, ix. 109, 112.</li> +<li> makes unjustifiable demands on, and receives unlawful presents from the Nabob, ix. 110, 114.</li> +<li> on his own simple allegation of indefinite offences, urges the Nabob to put to death Almas Ali Khân, ix. 154.</li> +<li> establishes a system of disreputable and ruinous interference in the government of the Nabob, ix. 162.</li> +<li> attempts to abandon the British army to the sole discretion of the Nabob, ix. 168.</li> +<li> arrests and continues in long imprisonment Mahomed Reza Khân, without any proofs of guilt, ix. 185.</li> +<li> appoints Munny Begum to be guardian to the Nabob of Bengal, and administratrix of the government, ix. 187.</li> +<li> seeks the aggrandizement of the Mahrattas, ix. 220, 228.</li> +<li> the Mogul delivered up to them through his instrumentality, ix. 221.</li> +<li> he libels and asperses the Court of Directors, ix. 228.</li> +<li> forces the Mahrattas into a war, by repeatedly invading their country, ix. 253.</li> +<li> concludes a dishonorable treaty of peace and alliance with them, ix. 254.</li> +<li> withholds and conceals his official correspondence and proceedings from the Directors and Council, ix. 267.<span class='pagenum'><a name="Page_418" id="Page_418">{418}</a></span></li> +<li> his conduct with regard to Fyzoola Khân, ix. 268.</li> +<li> his arbitrary principles of government, ix. 446; xi. 194.</li> +<li> his corrupt system of government, x. 5.</li> +<li> general farming of the lands at auction, in derogation of the rights of proprietors, x. 15.</li> +<li> sale of offices, x. 21.</li> +<li> conduct in reference to the accusations of Nundcomar, x. 24, 205.</li> +<li> in the case of Munny Begum and the Nabob of Bengal, x. 26, 193, 278; xii. <a href="#Page_218">218</a>, <a href="#Page_245">245</a>.</li> +<li> the receipt of bribes justified by an intention to apply them to the Company's service, x. 43, 324.</li> +<li> account given of some of these transactions to the Directors, x. 44, 338.</li> +<li> delegation of the management of the revenues to a nominal council, with Gunga Govind Sing as agent, x. 53.</li> +<li> appointment of Debi Sing to the charge of the province of Dinagepore, x. 65.</li> +<li> the enormities of this man, mock inquiries into them, and Mr. Hastings's responsibility in the premises, x. 77, 92, 186.</li> +<li> Mr. Hastings's measures justified by himself, as producing an increase of revenue, x. 136.</li> +<li> remarks on the testimonials of the natives in his favor, x. 154; xii. <a href="#Page_358">358</a>.</li> +<li> proofs of personal corruption, x. 161-295.</li> +<li> charged with peculation by General Clavering, x. 244.</li> +<li> opinions of counsel concerning his proposed prosecution by the Directors, x. 257.</li> +<li> his connivance in the general corruption of the Service, x. 296; xii. <a href="#Page_294">294</a>.</li> +<li> recriminatory charges against the House of Commons, xi. 166.</li> +<li> powers claimed by him, and the manner and results of their exercise, xi. 195, 236, 238.</li> +<li> in the case of Cheyt Sing and the province of Benares, xi. 236.</li> +<li> of the Nabob of Oude, his kindred and country, xi. 372; xii. <a href="#Page_3">3</a>.</li> +<li> of the province of Bengal, xii. <a href="#Page_208">208</a>.</li> +<li> his extravagant and corrupt contracts, xii. <a href="#Page_297">297</a>.</li> +<li> his conduct in reference to various presents, xii. <a href="#Page_324">324</a>, <a href="#Page_338">338</a>, <a href="#Page_350">350</a>.</li> +<li> observations on the Mahometan college founded by him, xii. <a href="#Page_352">352</a>.</li> +<li> Lord Cornwallis's testimony to the disastrous effects of his revenue system, xii. <a href="#Page_359">359</a>.</li> +<li> examination of the merits set up by him, xii. <a href="#Page_370">370</a>.</li></ul></li> + + +<li>Hawles, Sir John, extracts from his speech at the trial of Dr. Sacheverell, iv. 126, 135.</li> + +<li>Height, less grand than depth, i. 147.</li> + +<li>Helvetii, remarkable emigration of them related by Cæsar, vii. 172.</li> + +<li>Henry I. of England, brief account of his reign, vii. 375.</li> + +<li>Henry II. of England, brief account of his reign, vii. 394.</li> + +<li>Henry IV. of England, severs the Duchy and County Palatine of Lancaster from the crown, ii. 296.</li> + +<li>Henry IV. of France, brief character of him, iii. 411.</li> + +<li>Hii, or Columbkill, brief account of it, vii. 249.</li> + +<li>Hindoo institutions, characteristics of, ix. 382.</li> + +<li>Hindoo polity, destroyed by Mr. Hastings, ix. 394.</li> + +<li>Hindostan, eras in its history, ix. 386.</li> + +<li>History, moral lessons to be drawn from it, iii. 418, 421.</li> +<li><ul style="list-style: none;"><li> caution with regard to the study of it, iv. 468.</li></ul></li> + + +<li>Hobbes, his view of war as the state of Nature, i. 15.</li> + +<li>Holland, Sir John, extracts from his speech at the trial of Dr. Sacheverell, iv. 146.</li> + +<li>Holy Land, view of its condition at the commencement of the third Crusade, vii. 426.</li> + +<li>Homer, his similitudes seldom exact, i. 88.</li> +<li><ul style="list-style: none;"><li> a simile from the Iliad, i. 105.</li> +<li> his representation of Discord, obscure and magnificent, i. 138.</li> +<li> no instance in the Iliad of the fall of any man remarkable for stature and strength that touches us with pity, i. 243.</li> +<li> has given to the Trojans more of the amiable and social virtues than to the Greeks, i. 243.</li> +<li> would excite pity for the Trojans, admiration for the Greeks, i. 243.</li> +<li> his masterly representation of the grief of Priam over the body of Hector, iv. 95.</li> +<li> observation on his representation of the ghosts of heroes at the sacrifices of Ulysses, vii. 181.</li> +<li> his works introduced into England by Theodorus, Archbishop of Canterbury, vii. 249.</li></ul></li> + + +<li>Honest men, no safety for them but by believing all possible evil of evil men, iv. 7.</li> + +<li>Horace, the truth of an observation in his Art of Poetry, discussed, i. 134.</li> +<li><ul style="list-style: none;"><li> a passage from him of similar import to one from David, i. 143.</li></ul></li> + + +<li>Household, the royal, has strong traces of feudality, ii. 303.</li> + +<li>Howard, the philanthropist, his labors, ii. 387.</li> + +<li>Hudibras, humorous lines from, applicable to the modern Whigs, iv. 150.<span class='pagenum'><a name="Page_419" id="Page_419">{419}</a></span></li> + +<li>Hume, Mr., his account of the secret of Rousseau's principles of composition, iii. 459.</li> +<li><ul style="list-style: none;"><li> his remark on the doctrines of John Ball, iv. 355.</li></ul></li> + + +<li>Humility, the basis of the Christian system, iv. 26.</li> +<li><ul style="list-style: none;"><li> humanity cannot be degraded by it, v. 253.</li></ul></li> + + +<li>Husbandry, classification of laborers in, v. 144.</li> + +<li>Hyder Ali Khân, scheme of the creditors of the Nabob of Arcot to extirpate him, iii. 61.</li> +<li><ul style="list-style: none;"><li> dreadful devastation of the Carnatic by him, iii. 83.</li></ul></li> + + +<li>Hypæthra of the Greeks, what, vii. 187.</li></ul> + + + +<ul style="list-style: none;"><li>Imagination, what, i. 86.</li> +<li><ul style="list-style: none;"><li> no bounds to men's passions when they are under its influence, iv. 192.</li></ul></li> + + +<li>Imitation, one of the passions belonging to society, i. 122.</li> +<li><ul style="list-style: none;"><li> its source and use, i. 122.</li></ul></li> + + +<li>Impeachment, the great guardian of the purity of the constitution, i. 495.</li> + +<li>Impey, Sir Elijah, (Chief Justice of Bengal,) accused of the official murder of Nundcomar, x. 218.</li> +<li><ul style="list-style: none;"><li> resolution of the House of Commons concerning this accusation, x. 311.</li> +<li> serves as bearer of Mr. Hastings's order to seize the treasures of the Begums of Oude, xii. <a href="#Page_32">32</a>.</li> +<li> acts as commissioner to seek affidavits against the Begums, xii. <a href="#Page_82">82</a>.</li></ul></li> + + +<li>Indecision, the natural accomplice of violence, iv. 190.</li> + +<li>Indemnification, one of the requisites of a good peace, i. 295.</li> + +<li>Indemnity and oblivion, acts of, their probable effects as means of reconciling France to a monarchy, iv. 460.</li> + +<li>Independence of mind, always more or less influenced by independence of fortune, vii. 78.</li> + +<li>India, the people of, classification of them, ix. 376; xi. 207.</li> + +<li>Indians, British alliances with them in the American war denounced, vi. 171.</li> + +<li>Indifference, pleasure, and pain, viewed in relation to each other, as states of the mind, i. 103.</li> + +<li>Indolence, the prevailing characteristic of the class of elegant, weak-minded people, vii. 147.</li> + +<li>Industry, effect of the Irish Popery laws in discouraging it, vi. 351.</li> + +<li>Infinite, the artificial, consists in succession and uniformity of parts, i. 149, 220.</li> + +<li>Infinity, a source of the sublime, i. 148.</li> +<li><ul style="list-style: none;"><li> in agreeable images, a cause of pleasure, i. 153.</li></ul></li> + + +<li>Influence of the crown, operation of it, i. 444.</li> + +<li>Inheritance, value of this principle in the British constitution, iii. 274.</li> + +<li>Injury is quick and rapid, justice slow, x. 151; xi. 181.</li> + +<li>Innocence, contrasted with guilt, ix. 371.</li> + +<li>Insolvency, who ought to suffer in a case of, iii. 381.</li> + +<li>Institutions, ancient juridical ones in England, intended to retard the headlong course of violence and oppression, ii. 193.</li> +<li><ul style="list-style: none;"><li> in political institutions, soundness of the materials of more importance than the fashion of the work, v. 120.</li> +<li> how, when revolutionized, to be reëstablished, v. 126.</li> +<li> benefits of institution, properly conditional, vii. 15.</li></ul></li> + + +<li>Interest of a debt, not the principal, distresses a nation, i. 329.</li> + +<li>Intolerance, mischief of it, vii. 34.</li> + +<li>Ireland, danger of a proposed tax upon, i. 352.</li> +<li><ul style="list-style: none;"><li> early transmission thither of English liberties and institutions, ii. 146.</li> +<li> Two Letters to Gentlemen of Bristol relative to the Trade of Ireland, ii. 247.</li> +<li> Mr. Burke's defence of his Parliamentary conduct with regard to it, ii. 377.</li> +<li> the plan for the government of Ireland until 1782, what, iv. 233.</li> +<li> the true revolution there, that of 1782, iv. 276.</li> +<li> state of religion there before the grant of Pope Adrian IV., vi. 342.</li> +<li> object of the grant, vi. 342.</li> +<li> mutual importance of Ireland and Great Britain to one another, vi. 420.</li> +<li> reduction of Ireland by Henry II., vii. 410.</li> +<li> nature and previous condition of the country, vii. 410.</li> +<li> motives which led Adrian to commission Henry to reduce it, vii. 410, 413.</li> +<li> the English laws said to have been established there at its subjugation by John, vii. 449.</li></ul></li> + + +<li>Irish language, names of the letters of it taken from the names of several species of trees, vii. 412.</li> + +<li>Isocrates, observation of his in one of his orations against the Sophists, i. 5.</li> + +<li>Italy, its original inhabitants of the same race as the people of Northern Europe, vii. 161.</li> +<li><ul style="list-style: none;"><li> its situation from a remote period, vii. 161.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Jacobinism by establishment, what, v. 309.</li> + +<li>Jacobins, their character, iv. 437, v. 285, vi. 367.</li> +<li><ul style="list-style: none;"><li> their great object, v. 39.</li></ul></li> + + +<li>Jacquerie, brief notice of the, iv. 177.<span class='pagenum'><a name="Page_420" id="Page_420">{420}</a></span></li> + +<li>Jaffier Ali Khân, made Nabob of Bengal by the English, ix. 401.</li> + +<li>Jaghires, Indian, nature of them, xii. <a href="#Page_9">9</a>.</li> + +<li>Jekyl, Sir Joseph, his character, iv. 130.</li> +<li><ul style="list-style: none;"><li> extracts from his speech at the trial of Dr. Sacheverell, iv. 130, 131, 132, 136, 137, 142, 143.</li></ul></li> + + +<li>Jews, a source of great revenue to William the Conqueror, vii. 351.</li> + +<li>Job, observations on its sublime representation of a vision in the night, i. 137.</li> +<li><ul style="list-style: none;"><li> its sublime descriptions of the war-horse, the wild ass, and the unicorn and leviathan, i. 140.</li></ul></li> + + +<li>John, King of England, brief account of his reign, vii. 437.</li> + +<li>Judge, duty of one, xi. 104.</li> + +<li>Judges, ought to be the very last to feel the necessities of the state, ii. 351.</li> + +<li>Judgment and wit, difference between them, i. 87.</li> +<li><ul style="list-style: none;"><li> the senses should be put under the tuition of the judgment, iii. 15.</li> +<li> a coarse discrimination the greatest enemy to accuracy of judgment, v. 143.</li></ul></li> + + +<li>Juridical and legislative acts, difference between them, vii. 63.</li> + +<li>Juries, an institution of gradual formation, vii. 115.</li> +<li><ul style="list-style: none;"><li> not attributable to Alfred, vii. 264.</li> +<li> never prevalent amongst the Saxons, vii. 264.</li></ul></li> + + +<li>Jurisprudence, nature and importance of the science, iii. 357.</li> +<li><ul style="list-style: none;"><li> abrogation of it in France at the Revolution, v. 307.</li> +<li> state of the study of it in England, vii. 476.</li> +<li> whole frame of it altered since the Conquest, vii. 478.</li></ul></li> + + +<li>Justice is slow, injury quick and rapid, x. 151; xi. 181.</li> +<li><ul style="list-style: none;"><li> general observations on it, xii. <a href="#Page_393">393</a>, <a href="#Page_395">395</a>.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Keppel, Lord, character of him, v. 222.</li> + +<li>Kilkenny, Statutes of, prove the ancient existence in Ireland of the spirit of the Popery laws, iv. 273.</li> + +<li>King, the things in which he has an individual interest, i. 485.</li> +<li><ul style="list-style: none;"><li> nature of his office, iii. 497.</li> +<li> just powers of the king of France, iv. 49.</li> +<li> power of the king of England, iv. 50.</li> +<li> Address to the, in relation to the Measures of Government in the American Contest, vi. 161.</li></ul></li> + + +<li>Kings, naturally lovers of low company, ii. 337.</li> +<li><ul style="list-style: none;"><li> in what sense the servants of the people, iii. 269.</li></ul></li> + + +<li>King's Men, or King's Friends, character of the court corporation so called, i. 466.</li> + +<li>Knight-errantry, origin of it, vii. 390.</li></ul> + + + +<ul style="list-style: none;"><li>Labor, necessary, why, i. 215.</li> +<li><ul style="list-style: none;"><li> human labor called by the ancients <i>instrumentum vocale</i>, v. 140.</li> +<li> that on which the farmer is most to rely for the repayment of his capital, v. 140.</li></ul></li> + + +<li>Laborer and employer, always an implied contract between them, v. 137.</li> +<li><ul style="list-style: none;"><li> the first and fundamental interest of the laborer, what, v. 140.</li></ul></li> + + +<li>Laboring poor, impropriety of the expression, v. 135, 466.</li> + +<li>Lacedemonians, at the head of the aristocratic interests of Greece, iv. 321.</li> + +<li>La Fontaine, has not one original story, vii. 145.</li> + +<li>Lancaster, Duchy and County Palatine of, severed from the crown by Henry IV., ii. 296.</li> + +<li>Landed estate of the crown, remarks on it, ii. 299.</li> + +<li>Landed Interest, policy of the French Republic with regard to it, iv. 323.</li> + +<li>Landed property, the firm basis of every stable government, v. 491.</li> + +<li>Lanfranc, character of him, vii. 363.</li> + +<li>Langton, Stephen, his appointment to the see of Canterbury through the influence of the Pope, vii. 447, 451.</li> +<li><ul style="list-style: none;"><li> oath administered by him to King John on his absolution, vii. 455.</li></ul></li> + + +<li>Law's Mississippi scheme, character of it, iii. 554.</li> + +<li>Law of neighborhood, what, v. 321.</li> + +<li>Law, remarks on the study of it, ii. 125.</li> + +<li>Laws, reach but a very little way, i. 470.</li> +<li><ul style="list-style: none;"><li> their severity tempered by trial by jury, i. 499.</li> +<li> superseded by occasions of public necessity, ii. 329.</li> +<li> bad ones the worst sort of tyranny, ii. 395.</li> +<li> laws and manners, a knowledge of what belongs to each the duty of a statesman, v. 167.</li> +<li> civil laws not all merely positive, v. 321.</li> +<li> two things requisite to the solid establishment of them, vi. 321.</li> +<li> equity and utility, the two foundations of them, vi. 323.</li> +<li> ought to be in unison with manners, vii. 27.</li> +<li> of England, Essay towards an History of the, vii. 475.</li> +<li> of England, written in the native language until the Norman Conquest, vii. 481.</li> +<li> of other Northern nations, written in Latin, vii. 481.</li> +<li> cause of this difference, vii. 481.</li> +<li> of Canute the Great, remarks on them, vii. 483.</li> +<li> of Edward the Confessor, so called, vii. 484.</li> +<li> ancient Saxon, review of their sanctions, vii. 484.</li> +<li> sources of them, vii. 487.<span class='pagenum'><a name="Page_421" id="Page_421">{421}</a></span></li> +<li> Gentoo, sources of them, ix. 482.</li> +<li> Mahometan, sources of them, ix. 480; xi. 216.</li></ul></li> + + +<li>Lawful enjoyment, the surest method to prevent unlawful gratification, iv. 256.</li> + +<li>Lawsuit, observations on that comedy, vii. 152.</li> + +<li>Learning, an attention to it necessary to Christianity, vii. 246.</li> +<li><ul style="list-style: none;"><li> contributed, in the early ages, to the temporal power of the clergy, vii. 399.</li></ul></li> + + +<li>Lechmere, Mr., extracts from his speeches at the trial of Dr. Sacheverell, iv. 122, 124, 142.</li> + +<li>Legislation, important problem in, v. 166.</li> + +<li>Legislative and juridical acts, the difference between them, vii. 63.</li> + +<li>Legislative right, not to be exercised without regard to the general opinion of those who are to be governed, ii. 224.</li> + +<li>Legislators, bound only by the great principles of reason and equity, and the general sense of mankind, ii. 196.</li> +<li><ul style="list-style: none;"><li> character of a true legislator, ii. 456.</li> +<li> duties of legislators, v. 166; vi. 319.</li> +<li> the mode of proceeding of the ancient legislators, iii. 476.</li></ul></li> + + +<li>Legislature, the true end of it, what, ii. 225; iii. 457.</li> +<li><ul style="list-style: none;"><li> its power of regulating the succession to the crown, iv. 134.</li></ul></li> + + +<li>Leland, Dr., his book (View of Deistical Writers) the best on the subject, vii. 34.</li> + +<li>Length, too great, in buildings, prejudicial to grandeur of effect, i. 152.</li> + +<li>Letter of Mr. Burke to the Sheriffs of Bristol, on American Affairs, ii. 187.</li> +<li><ul style="list-style: none;"><li> to Gentlemen of Bristol, on the Trade of Ireland, ii. 249, 258.</li> +<li> to a Member of the National Assembly, on French Affairs, iv. 1.</li> +<li> to a Peer of Ireland, on the Penal Laws against Irish Catholics, iv. 217.</li> +<li> to Sir Hercules Langrishe, on the Roman Catholics of Ireland, iv. 241; vi. 375.</li> +<li> to William Elliot, Esq., on a Speech in the House of Lords, in the Debate concerning Lord Fitzwilliam, v. 107.</li> +<li> to a Noble Lord, on the Attacks upon himself and his Pension, v. 171.</li> +<li> on a Regicide Peace, v. 233, 342, 384; vi. 1.</li> +<li> to the Empress of Russia, vi. 113.</li> +<li> to Sir Charles Bingham, on the Irish Absentee Tax, vi. 121.</li> +<li> to Hon. Charles James Fox, on the American War, vi. 135.</li> +<li> to the Marquis of Rockingham, on the Plans of the Opposition in reference to the American War, vi. 151.</li> +<li> to Rt. Hon. Edmund S. Pery, on the Relief of the Roman Catholics of Ireland, vi. 197.</li> +<li> to Thomas Burgh, Esq., in Vindication of his Parliamentary Conduct relative to Ireland, vi. 209.</li> +<li> to John Merlott, Esq., on the same subject, vi. 235.</li> +<li> to the Lord Chancellor and others, with Thoughts on the Executions of the Rioters in 1780, vi. 239.</li> +<li> to Rt. Hon. Henry Dundas, with the Sketch of a Negro Code, vi. 255.</li> +<li> to the Chairman of the Buckinghamshire Meeting, on Parliamentary Reform, vi. 291.</li> +<li> to William Smith, Esq., on Catholic Emancipation, vi. 361.</li> +<li> to Richard Burke, Esq., on Protestant Ascendency in Ireland, vi. 385.</li> +<li> on the Affairs of Ireland in 1797, vi. 413.</li> +<li> on Mr. Dowdeswell's Bill for explaining the Powers of Juries in Prosecutions for Libels, vii. 123.</li></ul></li> + + +<li>Libel, the elements of a, vii. 113.</li> + +<li>Libelling, not the crime of an illiterate people, vii. 111.</li> + +<li>Liberty and commerce, the two main sources of power to Great Britain, ii. 87.</li> +<li><ul style="list-style: none;"><li> mistakes about liberty, ii. 228.</li> +<li> cannot long exist among a people generally corrupt, ii. 242.</li> +<li> necessity of regulating it, iii. 240, 559,</li> +<li> how far men are qualified for it, iv. 51.</li> +<li> the distinguishing part of the British constitution, iv. 97.</li> +<li> its preservation the peculiar duty of the House of Commons, iv. 97.</li> +<li> order and virtue necessary to its existence, iv. 97.</li> +<li> a constitution uniting public and private liberty with the elements of a beneficent and stable government, an elaborate contrivance, iv. 211.</li> +<li> partial freedom and true liberty contrasted, vi. 389.</li> +<li> review of the causes of the revolution in favor of liberty in the reign of King John, vii. 472.</li></ul></li> + + +<li>Light, how a cause of the sublime, i. 156.</li> +<li><ul style="list-style: none;"><li> when excessive, resembles darkness in its effects, i. 157.</li> +<li> light and riant colors opposed to the sublime, i. 159.</li></ul></li> + + +<li>Limerick, treaty of, observations on two of its articles, vi. 345.</li> + +<li>Lindisfarne, brief account of, vii. 250.</li> + +<li>Liturgy of the Established Church, alteration of it ineffectual for the quieting of discontent, vii. 13.</li> + +<li>Locke, Mr., his opinion concerning pleasure and pain, i. 105.</li> +<li><ul style="list-style: none;"><li> his opinion concerning darkness, i. 225.</li></ul></li> + + +<li>Longinus, an observation of his on the effect of sublime passages in poets and orators, i. 124.<span class='pagenum'><a name="Page_422" id="Page_422">{422}</a></span></li> + +<li>Lords, House of, affected alarm at a supposed intrenchment by it on the balance of the constitution, in the reign of George II., i. 457.</li> +<li><ul style="list-style: none;"><li> the feeblest part of the constitution, v. 49.</li></ul></li> + + +<li>Loudness, a source of the sublime, i. 159.</li> + +<li>Louis XIII., his hatred of Richelieu, iii. 499.</li> + +<li>Louis XIV., his dislike to Mazarin and Louvois, iii. 499.</li> +<li><ul style="list-style: none;"><li> his conduct at the peace of Ryswick, vi. 58.</li> +<li> reason given by him for the revocation of the Edict of Nantes, vi. 328.</li></ul></li> + + +<li>Louis XVI., barbarous treatment experienced by him at the Revolution, iii. 325; iv. 19.</li> +<li><ul style="list-style: none;"><li> unjustly called an arbitrary monarch, iii. 339.</li> +<li> degraded office to which he was appointed by the Revolutionists, iii. 496; iv. 20.</li> +<li> not the first cause of the evil by which he suffered, v. 366.</li> +<li> his character, v. 378.</li> +<li> character of his brothers, iv. 429.</li></ul></li> + + +<li>Love, its origin, nature, and objects, i. 125.</li> +<li><ul style="list-style: none;"><li> the physical cause of it, i. 232.</li> +<li> nature of that taught by Rousseau, iv. 30.</li> +<li> observations on the love of parents to their children, xi. 422.</li> +<li> and on the love of country, xi. 422; iii. 292, 494.</li></ul></li> + + +<li>Lucretius, passages from him, illustrative of the sublime, i. 144, 257.</li> + +<li>Luxury, some good consequences of it, i. 424.</li> +<li><ul style="list-style: none;"><li> a tax on it, the only contribution that can be termed voluntary, v. 461.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Machiavel, an observation of his on war and peace, i. 15.</li> +<li><ul style="list-style: none;"><li> his maxim concerning wickedness by halves, vi. 43.</li></ul></li> + + +<li>Madmen, a frequent appearance in them accounted for, i. 149.</li> + +<li>Magna Charta, observations on it, iii. 272; iv. 266.</li> +<li><ul style="list-style: none;"><li> origin and nature of it, vii. 460.</li></ul></li> + + +<li>Magnanimity, in politics, often the truest wisdom, ii. 181.</li> + +<li>Magnificence, a source of the sublime, i. 154.</li> + +<li>Magnitude, in building, necessary to the sublime, i. 152.</li> + +<li>Mahomed Reza Khân, arrested by Mr. Hastings, x. 184.</li> + +<li>Mahometanism, its conquests in Hindostan, ix. 387.</li> + +<li>Mahometan government, character of it, ix. 463.</li> +<li><ul style="list-style: none;"><li> laws, sources of them, ix. 480; xi. 216.</li></ul></li> + + +<li>Mahrattas, their territories invaded by the East India Company, ii. 453.</li> +<li><ul style="list-style: none;"><li> treaties with them, ii. 453, 454.</li></ul></li> + + +<li>Majority, in a commonwealth, question as to the proper power of, iii. 299; iv. 170.</li> +<li><ul style="list-style: none;"><li> not true that in all contests the decision will be in their favor, vii. 53.</li></ul></li> + + +<li>Malesherbes, murdered by the French Revolutionists, vi. 40.</li> + +<li>Malvoisins, what, vii. 389.</li> + +<li>Man, a creature of habit and opinions, ii. 234; xii. <a href="#Page_164">164</a>.</li> + +<li>Manifestoes, implying superiority over an enemy, when commonly made, iv. 405.</li> +<li><ul style="list-style: none;"><li> matters usually contained in them, iv. 405.</li></ul></li> + + +<li>Manilla ransom, remarks on it, i. 407.</li> + +<li>Manners, while they remain entire, correct the vices of law, ii. 202.</li> +<li><ul style="list-style: none;"><li> corrupted by civil wars, ii. 203.</li> +<li> maintained in Europe for ages by the spirit of nobility and of religion, iii. 335.</li> +<li> in England, derived from France, iii. 336.</li> +<li> have done alone in England what institutions and manners together have done in France, iv. 327.</li> +<li> statesmen ought to know what appertains respectively to manners and laws, v. 167.</li> +<li> of more importance than laws, v. 310.</li> +<li> laws ought to be in unison with them, vii. 27.</li></ul></li> + + +<li>Mansfield, Lord, his declarations concerning rules of evidence, xi. 84.</li> + +<li>Mara, the name of a Saxon goddess,—whence the term Night-Mare, vii. 237.</li> + +<li>Marriage, beneficial results of the Christian doctrine concerning it, v. 312.</li> +<li><ul style="list-style: none;"><li> endeavors of the French Constituent Assembly to desecrate it, v. 312.</li> +<li> ends for which it was instituted, vii. 131.</li> +<li> restraints upon it in the reign of King John, vii. 464.</li></ul></li> + + +<li>Marriage Act, principles upon which it is grounded, vii. 131.</li> + +<li>Mathematical and metaphysical reasoning, compared with moral, vii. 73.</li> + +<li>Mazarin, Cardinal, not loved by Louis XIV., iii. 499.</li> +<li><ul style="list-style: none;"><li> bon-mot of a flatterer of his, on the match between Louis XIV. and a daughter of Spain, vi. 20.</li></ul></li> + + +<li>Mediterranean Sea, importance to England of keeping a strong naval force there, v. 421.</li> + +<li>Memorial to be delivered to Monsieur de M.M., Hints for a, iv. 307.</li> + +<li>Merchants, English, their evidence, petitions, and consultations respecting America, i. 399, 405, 406.</li> +<li><ul style="list-style: none;"><li> principles and qualities of, ii. 506.</li></ul></li> + + +<li>Mercy, not opposed to justice, iv. 465; vi. 252.</li> +<li><ul style="list-style: none;"><li> consists not in the weakness of the means, but in the benignity of the ends, vi. 168.<span class='pagenum'><a name="Page_423" id="Page_423">{423}</a></span></li></ul></li> + + +<li>Metaphysician, nothing harder than the heart of a thorough-bred one, v. 216.</li> + +<li>Migration, in early times, caused by pasturage and hunting, vii. 171.</li> +<li><ul style="list-style: none;"><li> and by wars, vii. 171.</li></ul></li> + + +<li>Military life, its attractions to those who have had experience of it, v. 464.</li> + +<li>Military and naval officers, the fortitude required of them, v. 468.</li> + +<li>Militia, probable origin of it, vii. 422.</li> + +<li>Milton, his admirable description of Death, i. 132.</li> +<li><ul style="list-style: none;"><li> his celebrated portrait of Satan, i. 135.</li> +<li> his description of the appearance of the Deity, i. 156.</li> +<li> example from him of the beautiful in sounds, i. 203.</li> +<li> of the power of words, i. 259.</li></ul></li> + + +<li>Ministers, Prussian, infected with the principles of the French Revolution, iv. 359.</li> +<li><ul style="list-style: none;"><li> British, to be controlled by the House of Commons, v. 57.</li> +<li> observations on their duty in giving information to the public, vi. 14.</li></ul></li> + + +<li>Minority, Observations on the Conduct of the, in Parliament, in the Session of 1792, v. 1.</li> +<li><ul style="list-style: none;"><li> power of a restless one, v. 285.</li></ul></li> + + +<li>Mistletoe, veneration of the Druids for it, vii. 183.</li> + +<li>Modes of life, injustice of sudden legislative violence to such as the laws had previously encouraged, iii. 439.</li> + +<li>Modesty, heightens all other virtues, i. 188; v. 128.</li> +<li><ul style="list-style: none;"><li> but sometimes their worst enemy, v. 129.</li></ul></li> + + +<li>Mogul, the Great, his grants to the East India Company, ii. 560; ix. 345.</li> +<li><ul style="list-style: none;"><li> sold by the Company, ii. 448.</li> +<li> the Company's treaties with him broken by them, ii. 452.</li> +<li> conspiracy to murder his son, ix. 412.</li></ul></li> + + +<li>Mohun, Lord, proceedings in his trial, xi. 32.</li> + +<li>Mona, the principal residence of the Druids in the beginning of Nero's reign, vii. 195.</li> +<li><ul style="list-style: none;"><li> reduced by Suetonius Paulinus, vii. 196.</li></ul></li> + + +<li>Monarchy, preferred by Bolingbroke to other governments, iii. 398.</li> +<li><ul style="list-style: none;"><li> one of its advantages, to have no local seat, iv. 431.</li></ul></li> + + +<li>Monastic institutions, their important uses, iii. 440; vii. 244, 245.</li> + +<li>Money, the value of it how to be judged, v. 454.</li> + +<li>Moneyed companies, dangerous to tax great ones, i. 368.</li> + +<li>Moneyed interest, when dangerous to a government, iii. 437.</li> + +<li>Moneyed men, ought to be allowed to set a value on their money, v. 455.</li> + +<li>Monk, General, character of the army commanded by him, iv. 36.</li> + +<li>Monopoly of authority, an evil; of capital, a benefit, v. 151.</li> + +<li>Montesquieu, his remark on the legislators of antiquity, iii. 477.</li> +<li><ul style="list-style: none;"><li> character of him, iv. 211.</li> +<li> his false view of the people of India, xi. 207.</li></ul></li> + + +<li>Moral duties, not necessary that the reasons of them should be made clear to all, i. 7.</li> + +<li>Moral order of things, great disasters in it affect the mind like miracles in the physical, iii. 337.</li> + +<li>Moral questions never abstract ones, vii. 55.</li> + +<li>Moral reasoning, compared with mathematical and metaphysical, vii. 73.</li> + +<li>Mortality, a general one always a time of remarkable wickedness, vii. 84.</li> + +<li>Multitudes, the shouting of, a source of the sublime, i. 159.</li> +<li><ul style="list-style: none;"><li> a multitude told by the head, not the people, iv. 183.</li></ul></li> + + +<li>Munny Begum, (of Bengal,) her history, x. 195; xii. <a href="#Page_226">226</a>.</li> +<li><ul style="list-style: none;"><li> appointed by Mr. Hastings regent of Bengal, and guardian of the Nabob, x. 196; xii. <a href="#Page_218">218</a>.</li> +<li> (of Oude,) her noble birth, rank, and connections, xii. <a href="#Page_46">46</a>.</li></ul></li> + + +<li>Music, remark concerning the beautiful in it, i. 204.</li> + +<li>Mystery, in any matter of policy, affords presumption of fraud, xii. <a href="#Page_79">79</a>.</li></ul> + + + +<ul style="list-style: none;"><li>Nabob of Arcot, the Subah of the Deccan sold to him by the East India Company, ii. 450.</li> +<li><ul style="list-style: none;"><li> nature of his debts, iii. 25, 28, 29, 35, 39, 47.</li></ul></li> + + +<li>Nabob of Oude, conduct of the East India Company towards him, ii. 466.</li> + +<li>Nantes, Edict of, reason assigned by Louis XIV. for the revocation of it, vi. 328.</li> +<li><ul style="list-style: none;"><li> observations thereon, vi. 328.</li></ul></li> + + +<li>Naples, how likely to be affected by the revolution in France, iv. 337.</li> + +<li>Nation, Present State of the, Observations on a late Publication so intituled, i. 269.</li> +<li><ul style="list-style: none;"><li> character of this publication, i. 274.</li> +<li> state of the nation in 1770, i. 437.</li> +<li> speculation of the ministry on the cause of it, i. 438.</li> +<li> animadversions on their views, i. 439.</li></ul></li> + + +<li>National Assembly of France, corresponds with the Revolution Society of London, iii. 237.</li> +<li><ul style="list-style: none;"><li> its composition and character, iii. 283, 450.</li> +<li> studies recommended by it to the youth of France, iv. 25.</li> +<li> its worship of Rousseau, iv. 25.</li></ul></li> + + +<li>Natural powers in man, the senses, the imagination, and the judgment, i. 82.</li> + +<li>Nature, state of, inconveniences of it, i. 10.</li> +<li><ul style="list-style: none;"><li> the social, impels a man to propagate his principles, v. 361.<span class='pagenum'><a name="Page_424" id="Page_424">{424}</a></span></li></ul></li> + + +<li>Navigation, Act of, its policy, i. 378; ii. 30, 38.</li> + +<li>Navy, the great danger of economical experiments upon it, i. 345.</li> + +<li>Necessity, the plea of, remarks on it, v. 450.</li> + +<li>Negro Code, Sketch of a, vi. 262.</li> + +<li>Negro slaves, denunciation of attempts to excite insurrections among them in the colonies by proclamations of the English governors, vi. 171.</li> + +<li>Neighborhood, the law of, what, v. 321.</li> + +<li>Newfoundland, view of the trade with it, i. 320.</li> + +<li>Newspapers, powerful influence of them in the diffusion of French principles, iv. 327.</li> + +<li>Night, a cause of the sublime, i. 132, 158.</li> + +<li>Norman conquest, extraordinary facility of it, vii. 287.</li> +<li><ul style="list-style: none;"><li> attempt to account for it, vii. 288.</li> +<li> the great era of the English laws, vii. 487.</li></ul></li> + + +<li>Normandy, reunion of it to the crown of France, vii. 445.</li> + +<li>North, Lord, observations on his character, v. 182; vi. 216, 223.</li> + +<li>Novelty, the first and simplest source of pleasure to the mind, i. 101.</li> +<li><ul style="list-style: none;"><li> the danger of indulging a desire for it in practical cases, iv. 76.</li></ul></li> + + +<li>Nundcomar, accuses Mr. Hastings of corruption, x. 24.</li> + +<li>Nuzzer, or Nuzzerana, what, x. 171.</li></ul> + + + +<ul style="list-style: none;"><li>Oak, the, why venerated by the Druids, vii. 183.</li> + +<li>Oath, the Coronation, observations upon it in reference to the Roman Catholics, iv. 260.</li> + +<li>Obscurity, generally necessary to the terrible, i. 132.</li> +<li><ul style="list-style: none;"><li> why more affecting than clearness, i. 135.</li></ul></li> + + +<li>Obstinacy, though a great and very mischievous vice, closely allied to the masculine virtues, ii. 66.</li> + +<li>Office, men too much conversant in it rarely have enlarged minds, ii. 38.</li> +<li><ul style="list-style: none;"><li> in feudal times, the lowest offices often held by considerable persons, ii. 303.</li> +<li> the reason of this, ii. 304.</li></ul></li> + + +<li>Officers, military and naval, nature of the fortitude required of them, v. 468.</li> + +<li>Opinion, popular, the support of government, ii. 224; vi. 165; vii. 91.</li> +<li><ul style="list-style: none;"><li> an equivocal test of merit, v. 183.</li> +<li> the generality of it not always to be judged of by the noise of the acclamation, v. 286.</li></ul></li> + + +<li>Opinions, men impelled to propagate their own by their social nature, v. 361.</li> +<li><ul style="list-style: none;"><li> their influence on the affections and passions, v. 403; vii. 44.</li> +<li> the most decided often stated in the form of questions, vi. 28.</li> +<li> the interest and duty of government to attend much to them, vii. 44.</li></ul></li> + + +<li>Oppression, the poorest and most illiterate are judges of it, iv. 281.</li> + +<li>Orange, Prince of, (afterwards William III.,) extracts from his Declaration, iv. 147.</li> + +<li>Ordeal, purgation by, vii. 314.</li> + +<li>Oude, extent and government of, under Sujah ul Dowlah, xi. 373.</li></ul> + + + +<ul style="list-style: none;"><li>Pain, pleasure, and indifference, their mutual relation as states of the mind, i. 103.</li> +<li><ul style="list-style: none;"><li> nature and cause of pain, i. 210.</li> +<li> how a cause of delight, i. 215.</li></ul></li> + + +<li>Paine, Thomas, remarks on his character, v. iii; vi. 60.</li> + +<li>Painting and poetry, their power, when due to imitation, and when to sympathy, i. 123.</li> + +<li>Pandulph, the Pope's legate, his politic dealing with King John, vii. 451.</li> +<li><ul style="list-style: none;"><li> parallel between his conduct to King John and that of the Roman consuls to the Carthaginians in the last Punic war, vii. 453.</li></ul></li> + + +<li>Papal power, uniform steadiness of it in the pursuit of its ambitious projects, vii. 449.</li> + +<li>Papal pretensions, sources of their growth and support, vii. 384.</li> + +<li>Papal States, how likely to be affected by the revolution in France, iv. 337.</li> + +<li>Parliament, remarks on it, i. 491.</li> +<li><ul style="list-style: none;"><li> the power of dissolving it, the most critical and delicate of all the trusts vested in the crown, ii. 553.</li> +<li> disadvantages of triennial parliaments, vii. 79.</li></ul></li> + + +<li>Parliaments of France, character of them, iii. 505.</li> + +<li>Parliament of Paris, observations on its subversion, xii. <a href="#Page_396">396</a>.</li> + +<li>Parliamentary disorders, ideas for the cure of them, i. 516.</li> + +<li>Parsimony, a leaning towards it in war may be the worst management, i. 310.</li> + +<li>Party divisions, inseparable from free government, i. 271.</li> +<li><ul style="list-style: none;"><li> definition of the term, party, i. 530.</li> +<li> evils of party domination, vi. 390.</li></ul></li> + + +<li>Passions, all concern either self-preservation or society, i. 110.</li> +<li><ul style="list-style: none;"><li> final cause of the difference between those belonging to self-preservation and those which regard the society of the sexes, i. 113.</li> +<li> those which belong to self-preservation turn upon pain and danger, i. 125.</li> +<li> nature and objects of those belonging to society, i. 125.</li> +<li> a control over them necessary to the existence of society, iv. 52.</li> +<li> strong ones awaken the faculties, v. 287.</li> +<li> vehement passion not always indicative of an infirm judgment, v. 407.<span class='pagenum'><a name="Page_425" id="Page_425">{425}</a></span></li> +<li> mere general truths interfere very little with them, vi. 326.</li> +<li> passions which interest men in the characters of others, vii. 148.</li></ul></li> + + +<li>Pasturage and hunting, weaken men's ties to any particular habitation, vii. 171.</li> + +<li>Paulus, observation of his on law, vi. 324.</li> + +<li>Peace, requisites of a good one, i. 295.</li> +<li><ul style="list-style: none;"><li> the steps taken to bring one about always an augury of what it is likely to be, v. 251.</li> +<li> a ground of peace never laid until it is as good as concluded, v. 260.</li> +<li> an arrangement of peace in its nature a permanent settlement, v. 349.</li></ul></li> + + +<li>Penal statute of William III. against the Papists, repeal of it, ii. 391.</li> + +<li>People, accurate idea of the term, iv. 169.</li> +<li><ul style="list-style: none;"><li> evils of an abuse of it, iv. 411.</li> +<li> the temper of the people the first study of a statesman, i. 436.</li> +<li> in seasons of popular discontent, something generally amiss in the government, i. 440.</li> +<li> the people have no interest in disorder, i. 441.</li> +<li> generally fifty years behindhand in their politics, i. 442.</li> +<li> a connection with their interests a necessary qualification of a minister, i. 474.</li> +<li> sense of the people, how to be ascertained by the king, i. 475.</li> +<li> should show themselves able to protect every representative in the performance of his duty, i. 503.</li> +<li> liberty cannot long exist where they are generally corrupt, ii. 242.</li> +<li> the people of England love a mitigated monarchy more than even the best republic, iv. 149.</li> +<li> danger of teaching them to think lightly of their engagements to their governors, iv. 162.</li> +<li> the natural control on authority, iv. 164.</li> +<li> dangerous nature of a power capable of resisting even their erroneous choice of an object, vi. 296.</li> +<li> points on which they are incompetent to give advice to their representatives, vii. 74, 75.</li></ul></li> + + +<li>Perfection not the cause of beauty, i. 187.</li> + +<li>Persecution, religious, an observation of Mr. Bayle concerning it, vi. 333.</li> +<li><ul style="list-style: none;"><li> general observations on it, vi. 394.</li></ul></li> + + +<li>Persecutor, a violent one, frequently an unbeliever in his own creed, vi. 86.</li> + +<li>Peshcush, what, x. 171.</li> + +<li>Peters, Hugh, remarks on a passage in a sermon of his, iii. 318.</li> + +<li>Petition of Right, rests the franchises of the subject not on abstract right, but on inheritance, iii. 273.</li> + +<li>Philosophical inquiries, how to be conducted, i. 70.</li> +<li><ul style="list-style: none;"><li> use of them, i. 72.</li></ul></li> + + +<li>Philosophy, Lord Bolingbroke's, animadversions on it, i. 4.</li> + +<li>Physic, the profession of it, in ancient times, annexed to the priesthood, vii. 183.</li> + +<li>Physiognomy, has a considerable share in the beauty of the human species, i. 198.</li> + +<li>Pilgrimages of the Middle Ages, benefits of them, vii. 247.</li> + +<li>Pitt, Mr., remarks on his conduct in 1784, v. 57.</li> +<li><ul style="list-style: none;"><li> his Declaration on the war with the French Republic, v. 278; vi. 21.</li> +<li> eulogy of it, v. 279, 390; vi. 22.</li> +<li> and of his speech on that war, v. 390.</li></ul></li> + + +<li>Place Bill, proposed remedy for parliamentary disorders, i. 518.</li> + +<li>Plagues, in Athens and in London, wickedness remarkably prevalent during their continuance, vii. 84.</li> + +<li>Pleasure and pain, observations on them, i. 102.</li> +<li><ul style="list-style: none;"><li> pleasure, pain, and indifference, their mutual relation, as states of the mind, i. 103.</li></ul></li> + + +<li>Poetry, more powerful than painting in moving the passions, i. 134.</li> +<li><ul style="list-style: none;"><li> does not depend for its effect on raising ideas or sensible images of things, i. 246, 255.</li> +<li> this exemplified, i. 252.</li> +<li> affects rather by sympathy than imitation, i. 257.</li> +<li> dramatic poetry strictly imitation, i. 257.</li> +<li> descriptive poetry operates chiefly by substitution, i. 257.</li></ul></li> + + +<li>Poland, character of the revolution there, iv. 195.</li> +<li><ul style="list-style: none;"><li> contrasted with the revolution in France, iv. 198.</li></ul></li> + + +<li>Policy, a refined one, the parent of confusion, ii. 106.</li> +<li><ul style="list-style: none;"><li> inseparable from justice, iii. 438.</li></ul></li> + + +<li>Political connection, how regarded by the ancient Romans, i. 528.</li> +<li><ul style="list-style: none;"><li> England governed by one in the reign of Queen Anne, i. 529.</li> +<li> general observations on, i. 530.</li></ul></li> + + +<li>Political economy, had its origin in England, v. 192.</li> + +<li>Political system, an unwise or mischievous one not necessarily of short duration, iv. 353.</li> + +<li>Politician, duties of one, iii. 557, 559.</li> + +<li>Politics, ought to be adjusted to, human nature, i. 398.</li> +<li><ul style="list-style: none;"><li> different in different ages, i. 442.</li> +<li> unsuitable to the pulpit, iii. 246.</li></ul></li> + + +<li>Polybius, anecdote concerning him, iv. 285.</li> + +<li>Poor, the laboring, their poverty owing to their numbers, v. 134.</li> +<li><ul style="list-style: none;"><li> proper compassion for them, v. 135, 466.<span class='pagenum'><a name="Page_426" id="Page_426">{426}</a></span></li></ul></li> + + +<li>Poorunder, treaty of, broken by Mr. Hastings, xii. <a href="#Page_382">382</a>.</li> + +<li>Pope, the, his dispute with Henry I., vii. 384.</li> +<li><ul style="list-style: none;"><li> his pretext for giving Henry II. a commission to conquer Ireland, vii. 413.</li> +<li> his excommunication of King John, vii. 449.</li> +<li> treatment of him by the French Revolutionists, v. 418.</li></ul></li> + + +<li>Popery Laws, Tract on the, vi. 299.</li> + +<li>Popular election, a mighty evil, vii. 72.</li> + +<li>Popular opinion, an equivocal test of merit, v. 183.</li> + +<li>Population, rapid increase of it in America, ii. 110.</li> +<li><ul style="list-style: none;"><li> state of it, a standard by which, to estimate the effects of a government on any country, iii. 400.</li> +<li> view of that of France, at different periods, iii. 400.</li> +<li> comparative effects of peace and war on it, as regards the higher classes, v. 472.</li></ul></li> + + +<li>Power, all sublimity some modification of it, i. 138.</li> +<li><ul style="list-style: none;"><li> incompatible with credit, i. 368.</li> +<li> the civil power, when it calls in the aid of the military, perishes by the assistance it receives, i. 484.</li> +<li> arbitrary power steals upon a people by being rarely exercised, ii. 201.</li> +<li> persons possessed of power ought to have a strong sense of religion, iii. 354.</li> +<li> the ability to use it for the great and lasting benefit of a country a test of statesmanship, iii. 441.</li> +<li> not willingly abandoned by its possessors, iv. 11.</li> +<li> dissensions in the commonwealth mostly concerning the hands in which it is to be placed, iv. 163.</li> +<li> necessity of teaching men to restrain the immoderate exercise and inordinate desire of it, iv. 163.</li> +<li> active power never willingly placed by legislators in the hands of the multitude, iv. 164.</li> +<li> danger of a resumption of delegated power by the people, iv. 168.</li> +<li> does not always accompany property, iv. 349.</li> +<li> the possession of it discovers a man's true character, v. 362.</li> +<li> men will incur the greatest risks for the sake of it, vii. 82.</li> +<li> originates from God alone, ix. 456.</li> +<li> the supreme power in every constitution must be absolute, ix. 460.</li> +<li> ends to which a superintending, controlling power ought to be directed, xi. 417.</li></ul></li> + + +<li>Prejudice, cannot be created, vi. 368.</li> + +<li>Prerogative, remarks on the exercise of it, ii. 225.</li> + +<li>Presbyterianism, remarks on it, iv. 452.</li> + +<li>Prescription, part of the law of Nature, iii. 433.</li> +<li><ul style="list-style: none;"><li> the most solid of all titles, and the most recognized in jurisprudence, vi. 412; vii. 94.</li></ul></li> + + +<li>Present State of Affairs, Heads for Consideration on the, iv. 379.</li> + +<li>Price, Dr. Richard, observations on his sermon on the Love of our Country, iii. 244, 301, 304, 316.</li> + +<li>Price of commodities, how raised, v. 142.</li> +<li><ul style="list-style: none;"><li> danger of attempting to raise it by authority, v. 143.</li></ul></li> + + +<li>Primogeniture, right of, operation of the Popery Laws in taking it away, vi. 302.</li> + +<li>Principal of a debt, cannot distress a nation, i. 329.</li> + +<li>Principalities, the, proposal to unite them to the crown, ii. 298.</li> + +<li>Privations, all general ones great, i. 146.</li> + +<li>Profit, an honorable and fair one, the best security against avarice and rapacity, ii. 335.</li> + +<li>Projects, new, requirements of men of sense with respect to them, i. 367.</li> + +<li>Property, ought greatly to predominate over ability in the representation, iii. 298.</li> +<li><ul style="list-style: none;"><li> importance of the power of perpetuating it in families, iii. 298.</li> +<li> not always accompanied with power, iv. 349.</li></ul></li> + + +<li>Proportion, what, i. 166.</li> +<li><ul style="list-style: none;"><li> not the cause of beauty in vegetables, i. 166.</li> +<li> nor in animals, i. 170.</li> +<li> nor in the human species, i. 172.</li> +<li> whence the idea of proportion, as the principal component of beauty, arose, i. 178.</li></ul></li> + + +<li>Prosperity, discovers the real character of a man, iv. 22.</li> +<li><ul style="list-style: none;"><li> a prejudice in favor of it, however obtained, iv. 425.</li></ul></li> + + +<li>Protestant, the state so declared at the Revolution, with a qualification, iv. 257.</li> + +<li>Protestant ascendency, observations on, vi. 391.</li> + +<li>Protestant Association, the, animadversions on it, ii. 389, 415.</li> + +<li>Protestantism, at no period established, undefined, in England, iv. 258.</li> + +<li>Protestants, errors of the early, ii. 390.</li> +<li><ul style="list-style: none;"><li> misconduct of those in the South of France at the Revolution, iv. 452.</li></ul></li> + + +<li>Provisions, trade of, danger of tampering with it, v. 133.</li> + +<li>Prudence, the first in rank of the political and moral virtues, iv. 81.</li> +<li><ul style="list-style: none;"><li> its decisions differ from those of judicature, iv. 251.</li> +<li> its rules and definitions rarely exact, never universal, v. 241.</li></ul></li> + + +<li>Psalms, and Prophets, crowded with instances of the introduction of the terrible in Nature to heighten the awe of the Divine presence, i. 144.<span class='pagenum'><a name="Page_427" id="Page_427">{427}</a></span></li> + +<li>Public affairs, state of them previous to the formation of the Rockingham administration, i. 381.</li> + +<li>Public men, not all equally corrupt, ii. 240.</li> + +<li>Public service, means of rewarding it necessary in every state, ii. 330.</li> + +<li>Punishment, considerations necessary to be observed in inflicting it, iv. 466; vi. 245.</li> +<li><ul style="list-style: none;"><li> under the Saxon laws, extremely moderate, vii. 321.</li></ul></li> + + +<li>Purveyance and receipt in kind, what, ii. 306.</li> +<li><ul style="list-style: none;"><li> taken away by the 12th Charles II., ii. 306.</li> +<li> revived the next year, ii. 306.</li></ul></li> + + +<li>Pythagoras, his discipline contrasted with that of Socrates, vii. 179.</li> +<li><ul style="list-style: none;"><li> why silence enjoined by him, vii. 179.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Raimond, Count of Toulouse, engages in the Crusade, vii. 372.</li> + +<li>Raleigh, Sir Walter, abusive epithet applied to him by Lord Coke, xi. 175.</li> + +<li>Reason, sound, no real virtue without it, iv. 24.</li> +<li><ul style="list-style: none;"><li> never inconvenient but when it comes to be applied, vi. 326.</li></ul></li> + + +<li>Reasoners, men generally the worse reasoners for having been ministers, i. 338.</li> + +<li>Reformation, in government, should be early and temperate, ii. 280.</li> +<li><ul style="list-style: none;"><li> and slow, iii. 456.</li> +<li> different from change, v. 186.</li> +<li> general observations on it, iii. 455; iv. 111; vi. 294; vii. 71.</li> +<li> in England, has always proceeded upon the principle of reference to antiquity, iii. 272.</li></ul></li> + + +<li>Reformation, the, observations on it, ii. 389.</li> +<li><ul style="list-style: none;"><li> effects of it, iv. 319.</li></ul></li> + + +<li>Reformers, English, character of them, iii. 430.</li> + +<li>Regicide by establishment, what, v. 309.</li> + +<li>Regicide Peace, Letters on, v. 233, 342, 384; vi. 9.</li> + +<li>Religion, writers against it never set up any of their own, i. 7.</li> +<li><ul style="list-style: none;"><li> effects of it on the colonists of America, ii. 122.</li> +<li> the basis of civil society, and the source of all good and of all comfort, iii. 350.</li> +<li> the respect entertained for it in England, iii. 352.</li> +<li> a strong sense of it necessary to those in power, iii. 354.</li> +<li> mischievous consequences of changing it, except under strong conviction, iv. 453.</li> +<li> the magistrate has a right to direct the exterior ceremonies of it, vii. 30.</li> +<li> the Christian, in its rise overcame all opposition, vii. 25.</li></ul></li> + + +<li>Religious opinions, not the only cause of enthusiasm, v. 361.</li> + +<li>Repetition, of the same story, effect of it, iv. 328.</li> + +<li>Report on the Affairs of India, Ninth, viii. 1.</li> +<li><ul style="list-style: none;"><li> Eleventh, viii. 217.</li> +<li> on the Lords' Journals, xi. 1.</li> +<li> Vindication of, this Report from the Animadversions of Lord Thurlow, xi. 149.</li></ul></li> + + +<li>Representation, ought to include both the ability and the property of a state, iii. 297.</li> +<li><ul style="list-style: none;"><li> virtual, what, iv. 293.</li> +<li> natural, what, v. 284.</li> +<li> of America in the British Parliament, project of, i. 372.</li> +<li> consideration of its difficulties, i. 373.</li> +<li> of England, and that of France in the National Assembly, compared, iii. 481.</li></ul></li> + + +<li>Representation to his Majesty on the Speech from the Throne, ii. 537.</li> + +<li>Representative, his duty to his constituents, ii. 95, 281, 357.</li> + +<li>Republican government, remarks on, iv. 109.</li> + +<li>Reputation, public, how to be secured, ix. 341.</li> + +<li>Resemblance, pleasing to the imagination, i. 87.</li> + +<li>Responsibility of ministers of state, nature of it, iii. 501; v. 507.</li> + +<li>Revenge, observations on, xi. 179.</li> + +<li>Revenue, great importance of it to a state, iii. 534.</li> +<li><ul style="list-style: none;"><li> its administration the sphere of every active virtue, iii. 535.</li></ul></li> + + +<li>Revolution of 1688, diminished influence of the crown at that time how compensated, i. 445.</li> +<li><ul style="list-style: none;"><li> principles of it contained in the Declaration of Right, iii. 252.</li> +<li> the subversion of the old, and the settlement of the new government, inseparably combined in it, iv. 80.</li> +<li> grounds of it, iv. 121.</li> +<li> contrasted with the French Revolution, iii. 225.</li></ul></li> + + +<li>Revolution in France, Reflections on the, iii. 231.</li> +<li><ul style="list-style: none;"><li> general observations on it, iii. 220.</li> +<li> characterized as a revolution of doctrine and theoretic dogma, iv. 319.</li> +<li> contrasted with the English Revolution of 1688, iii. 225.</li></ul></li> + + +<li>Revolution Society, correspond with the National Assembly of France, iii. 238.</li> +<li><ul style="list-style: none;"><li> remarks on its principles and proceedings, iii. 238.</li></ul></li> + + +<li>Reynolds, Sir Joshua, on idiosyncrasy in taste and judgment, iv. 212.</li> + +<li>Rich, need the consolations of religion, iii. 366.</li> +<li><ul style="list-style: none;"><li> trustees for those who labor, v. 134.<span class='pagenum'><a name="Page_428" id="Page_428">{428}</a></span></li></ul></li> + + +<li>Richard I., brief account of his reign, vii. 425.</li> +<li><ul style="list-style: none;"><li> parallel between him and Charles XII. of Sweden, vii. 436.</li></ul></li> + + +<li>Richelieu, Cardinal, hated by Louis XIII., iii. 499.</li> + +<li>Rights, assumed, their consequences of great moment in deciding on their validity, iv. 183.</li> + +<li>Rights of Men, Jacobinical theory of, animadversions on it, iii. 307.</li> +<li><ul style="list-style: none;"><li> sophistically confounded with their power, iii. 313.</li></ul></li> + + +<li>Robespierre, his character, vi. 62.</li> + +<li>Rochford, Lord, his remonstrance with regard to Corsica, i. 480.</li> + +<li>Rockingham, Marquis of, Short Account of his Administration, i. 263.</li> +<li><ul style="list-style: none;"><li> formation of his administration, i. 379.</li> +<li> state of public affairs at the time, i. 381.</li> +<li> character and conduct of it, i. 388.</li> +<li> ideas of it with regard to America, i. 403.</li> +<li> his Lordship's conduct in American affairs, ii. 40.</li></ul></li> + + +<li>Rohilla nation, sale of it by the East India Company, ii. 449.</li> + +<li>Roland, character of him, v. 70.</li> + +<li>Roman Catholics, Mr. Burke's defence of his Parliamentary conduct with regard to them, ii. 388.</li> +<li><ul style="list-style: none;"><li> Letter on the Penal Laws against, iv. 217.</li> +<li> mode of education necessary for their clergy, iv. 229, 231.</li> +<li> condition of their clergy before the restraint on marriage, iv. 230.</li> +<li> mischievous consequences of placing the appointment of the Irish Roman Catholic clergy in the hands of the Lord Lieutenant, iv. 234.</li></ul></li> + + +<li>Roman politics, under the Empire, different from those which actuated the Republic, vii. 203.</li> +<li><ul style="list-style: none;"><li> dominion over the Britons and other conquered nations, methods by which it was preserved, vii. 205.</li> +<li> procurators under the Emperors, why invested with greater powers than the legates, vii. 208.</li> +<li> military ways, character and purpose of them, vii. 211.</li> +<li> number and extent of the principal ones in Britain, vii. 211.</li> +<li> revenues, nature of them, vii. 211.</li> +<li> three great changes in the government after the dissolution of the Commonwealth, vii. 220.</li></ul></li> + + +<li>Rome, ancient, destroyed by the disorders of continual elections, vii. 80.</li> +<li><ul style="list-style: none;"><li> and by its heavy taxes, vii. 213.</li> +<li> bounds of the empire first contracted by Adrian, vii. 214.</li></ul></li> + + +<li>Rome, modern, its example a caution not to attempt to feed the people by the hands of the magistrates, v. 155.</li> + +<li>Rota, in the French National Assembly, effect of it, iv. 350.</li> + +<li>Rotund, noble effect of it, i. 150.</li> +<li><ul style="list-style: none;"><li> accounted for, i. 150.</li></ul></li> + + +<li>Rousseau, the secret of his principles of composition, iii. 459.</li> +<li><ul style="list-style: none;"><li> a resemblance to him an object of rivalry to the leaders of the National Assembly, iv. 25.</li> +<li> vanity his ruling passion, iv. 26.</li> +<li> brief character of him, iv. 27.</li> +<li> totally destitute of taste, iv. 30.</li> +<li> morality of the passions in his Nouvelle Éloise, iv. 31.</li> +<li> character of his style, iv. 32.</li></ul></li> + + +<li>Russell, Baron, the first, his character, v. 201.</li> + +<li>Russia, the Emperor of, the true policy of his government, v. 422.</li> + +<li>Russian treaty of commerce, i. 410.</li></ul> + + + +<ul style="list-style: none;"><li>Sacheverell, Dr., his impeachment carried on for the purpose of stating the grounds and principles of the Revolution, iv. 119.</li> +<li><ul style="list-style: none;"><li> extracts from speeches of Managers at his trial, iv. 122-146.</li> +<li> proceedings in his trial, xi. 16.</li></ul></li> + + +<li>Saladin, Sultan of Egypt, reduces Palestine, vii. 427.</li> +<li><ul style="list-style: none;"><li> defeated by Richard I., vii. 429.</li></ul></li> + + +<li>Salaries, objections to a tax upon them, ii. 283.</li> + +<li>Sallust, remarks on his finely contrasted characters of Cæsar and Cato, i. 189.</li> + +<li>Salt, monopoly of, by the French government, i. 332.</li> + +<li>Santerre, his brutal conduct to Louis XVI., vi. 101.</li> + +<li>Saracens, their fierce irruptions and conquests, vii. 328.</li> + +<li>Savile, Sir George, his bill for the repeal of the statute of William III. against Papists, ii. 396.</li> +<li><ul style="list-style: none;"><li> his character, ii. 397.</li></ul></li> + + +<li>Saxons, a brief account of their laws and institutions, vii. 291.</li> +<li><ul style="list-style: none;"><li> under their rule, the succession to the crown in England partly hereditary and partly elective, vii. 297.</li> +<li> their laws wholly abolished in England since the Conquest, vii. 478.</li> +<li> sources of them, vii. 487.</li></ul></li> + + +<li>Scarcity, Thoughts and Details on, v. 131.</li> +<li><ul style="list-style: none;"><li> proper policy in respect to the poor, in times of, v. 156.</li></ul></li> + + +<li>Scotland, beneficial effects on trade of its union with England, ii. 254.</li> +<li><ul style="list-style: none;"><li> its Church establishment under the Union, iv. 258.</li></ul></li> + + +<li>Scripture, indefinite nature of subscription to it, vii. 18.</li> + +<li>Scythians, all Northern Europe originally inhabited by them, vii. 160.</li> + +<li>Selden, his statement of the Parliamentary practice in the examination of witnesses, xi. 108.<span class='pagenum'><a name="Page_429" id="Page_429">{429}</a></span></li> + +<li>Self-preservation, the passions which concern it the strongest ones, i. 110.</li> +<li><ul style="list-style: none;"><li> the sublime an idea belonging to it, i. 164.</li></ul></li> + + +<li>Senses, general remarks on them, i. 82.</li> +<li><ul style="list-style: none;"><li> ought to be put under the tuition of the judgment, iii. 15.</li></ul></li> + + +<li>Serpent, why an object of idolatry, vii. 184.</li> + +<li>Shakspeare, his description of the king's army in Henry IV. an example of the sublime, i. 155.</li> + +<li>Shelburne, Lord, animadversions on a passage in a speech of his, ii. 544.</li> + +<li>Silence, why enjoined by Pythagoras and the Druids, vii. 178.</li> + +<li>Sirach, Son of, fine example of the sublime from his Book of Wisdom, i. 155.</li> + +<li>Slaves, never so beneficial to their masters as freemen, v. 147.</li> + +<li>Smells, a source of the sublime, i. 162.</li> + +<li>Smith, Sir Sydney, Captain, observations on his case, v. 400.</li> + +<li>Smoothness, why beautiful, i. 234.</li> + +<li>Social nature, the, impels a man to propagate his principles, v. 361.</li> + +<li>Society, Natural, A Vindication of, i. 1.</li> +<li><ul style="list-style: none;"><li> definition of the term, i. 11.</li> +<li> notion of, how first introduced, i. 11.</li> +<li> political society, its nature and origin, i. 11; iii. 359; iv. 165.</li> +<li> its continuance under a permanent covenant, iii. 359; iv. 165.</li> +<li> the great purpose of it, what, vi. 333.</li> +<li> society and solitude compared, as sources of pleasure or pain, i. 115.</li></ul></li> + + +<li>Socrates, his discipline contrasted with that of Pythagoras, vii. 179.</li> + +<li>Solitude, something may be done in it for society, v. 125.</li> + +<li>Somers, Lord, the Declaration of Right drawn by him, iii. 254.</li> + +<li>Sophia, the Princess, why named in the Act of Settlement as the root of inheritance to the kings of England, iii. 262.</li> + +<li>Sophia, St., Church of, anecdote of the Greeks assembled there, at the taking of Constantinople, vi. 96.</li> + +<li>Sound, a source of the sublime, i. 159.</li> +<li><ul style="list-style: none;"><li> grand effect of a single one of some strength repeated after intervals, i. 160.</li> +<li> a low, tremulous, intermitting one productive of the sublime, i. 160.</li> +<li> the beautiful in sounds, i. 203.</li></ul></li> + + +<li>Spain, how likely to be affected by the revolution in France, iv. 339.</li> +<li><ul style="list-style: none;"><li> not a substantive power, iv. 385.</li></ul></li> + + +<li>Speech of Mr. Burke on American Taxation, ii. 1.</li> +<li><ul style="list-style: none;"><li> at his Arrival at Bristol, ii. 85.</li> +<li> at the Conclusion of the Poll, ii. 89.</li> +<li> on Conciliation with America, ii. 99.</li> +<li> on Economical Reform, ii. 265.</li> +<li> previous to the Election in 1780, ii. 365.</li> +<li> on Declining the Poll, ii. 425.</li> +<li> on Mr. Fox's East India Bill, ii. 431.</li> +<li> on the Nabob of Arcot's Debts, iii. 1.</li> +<li> on the Army Estimates, iii. 211.</li> +<li> on the Acts of Uniformity, vii. 3.</li> +<li> on the Relief of Protestant Dissenters, vii. 21.</li> +<li> on the Petition of the Unitarians, vii. 39.</li> +<li> on the Middlesex Election, vii. 59.</li> +<li> on Shortening the Duration of Parliaments, vii. 69.</li> +<li> on Reform of the Representation of the Commons in Parliament, vii. 89.</li> +<li> on the Powers of Juries in Prosecutions for Libels, vii. 105.</li> +<li> on the Repeal of the Marriage Act, vii. 129.</li> +<li> on Dormant Claims of the Church, vii. 137.</li> +<li> in the Impeachment of Warren Hastings, ix. 327-x. 145; x. 147-451; xi. 155-xii. 393.</li></ul></li> + + +<li>Spelman, Sir Henry, his difficulties in the study of the law, vii. 477.</li> + +<li>Spirituous liquors, beneficial effects of them, v. 164.</li> + +<li>Spon, M., his curious story of Campanella, i. 212.</li> + +<li>Spring, why the pleasantest of the seasons, i. 153.</li> + +<li>Stability, one of the requisites of a good peace, i. 295.</li> + +<li>Stafford, Lord, proceedings in his trial, xi. 31.</li> +<li><ul style="list-style: none;"><li> remarks on the prosecution, xi. 112.</li></ul></li> + + +<li>Stamp Act, American, its origin, i. 385.</li> +<li><ul style="list-style: none;"><li> repeal of it, i. 389; ii. 47.</li> +<li> motives for the repeal, i. 391, 399.</li> +<li> good effects of the repeal, i. 401; ii. 59.</li></ul></li> + + +<li>Stanhope, General, extracts from his speech at the trial of Dr. Sacheverell, iv. 127.</li> + +<li>Starry heaven, why productive of the idea of grandeur, i. 154.</li> + +<li>State, the, meaning of the term, iv, 248.</li> +<li><ul style="list-style: none;"><li> consideration of its fitness for an oligarchical form, connected with the question of vesting it solely in some one description of citizens, iv. 251.</li> +<li> not subject to laws analogous to those of physical life, v. 124, 234.</li> +<li> the internal causes affecting the fortunes of states uncertain and obscure, v. 235.</li> +<li> great irregularities in their rise, culmination, and decline, v. 235.</li> +<li> in a conflict between equally powerful states, an infinite advantage afforded by unyielding determination, v. 243.</li></ul></li> + + +<li>Statesmen, duties of, i. 436; v. 167.</li> +<li><ul style="list-style: none;"><li> standard of one, iii. 440.</li> +<li> difference between them and professors in universities, vii. 41.</li></ul></li> + + +<li>Stephen, brief account of his reign, vii. 386.</li> + +<li>Stonehenge, wherein an object of admiration, i. 153; vii. 179.<span class='pagenum'><a name="Page_430" id="Page_430">{430}</a></span></li> + +<li>Stones, rude ones, why objects of veneration, vii. 185.</li> + +<li>Strafford, Earl of, proceedings in his trial, xi. 14. 113.</li> + +<li>Sublime, sources of it, i. 110.</li> +<li><ul style="list-style: none;"><li> the strongest emotion of the mind, i. 110.</li> +<li> in all things abhors mediocrity, i. 157.</li></ul></li> + + +<li>Sublime and Beautiful, A Philosophical Inquiry into the Origin of our Ideas of the, i. 67.</li> +<li><ul style="list-style: none;"><li> stand on very different foundations, i. 192.</li> +<li> comparison between them, i. 205.</li> +<li> on the efficient cause of them, i. 208.</li></ul></li> + + +<li>Succession, hereditary, the principle of it recognized at the Revolution, iii. 252.</li> + +<li>Succession, in visual objects, effects of it explained, i. 222.</li> + +<li>Suddenness, a source of the sublime, i. 160.</li> + +<li>Suffering, the force to endure, needful to those who aspire to act greatly, v. 250.</li> + +<li>Sujah ul Dowlah, his character, xi. 373.</li> + +<li>Sully, M. de, an observation of his on revolutions in great states, i. 441.</li> + +<li>Superstition, nature of it, iii. 442.</li> + +<li>Surplus produce, nature and application of it, iii. 444.</li> + +<li>Sweetness, its nature, i. 235.</li> +<li><ul style="list-style: none;"><li> relaxing, i. 237.</li></ul></li> + + +<li>Swift, Dr., a saying of his concerning public benefactors, ii. 472.</li> + +<li>Sympathy, observations on it, i. 177; v. 398.</li></ul> + + + +<ul style="list-style: none;"><li>Taille, nature of, i. 330, 333.</li> + +<li>Talents, eminent, obscure and vulgar vices sometimes blended with, iv. 26.</li> + +<li>Tallien, the regicide, his sanguinary brutality, vi. 102.</li> + +<li>Tamerlane, his conquests in Hindostan, ix. 388.</li> +<li><ul style="list-style: none;"><li> remarks on his Institutes, ix. 467; xi. 214.</li></ul></li> + + +<li>Tanistry, what, vii. 297.</li> + +<li>Taste, discourse concerning it, i. 79.</li> +<li><ul style="list-style: none;"><li> definition of it, i. 81.</li> +<li> want of it, whence, i. 95.</li> +<li> a wrong or bad one, what, i. 95.</li> +<li> a good one, i. 96.</li> +<li> of no mean importance in the regulation of life, iv. 30.</li></ul></li> + + +<li>Taxes, mode of levying them in commercial colonies an important and difficult consideration, i. 354.</li> +<li><ul style="list-style: none;"><li> nature of several in America, i. 355.</li> +<li> colonial, Lord North's project of a ransom of them by auction, ii. 171.</li> +<li> the great contests for freedom in England chiefly upon the question of taxing, ii. 120.</li> +<li> taxes on different establishments, remarks concerning them, i. 368.</li> +<li> upon salaries, ii. 283.</li> +<li> details of English taxes, v. 476.</li></ul></li> + + +<li>Terror, sometimes a source of delight, i. 119.</li> +<li><ul style="list-style: none;"><li> how, i. 214.</li> +<li> an effect of the sublime, i. 130.</li> +<li> its physical effects, i. 211.</li></ul></li> + + +<li>Test Act, observations on it, iv. 264.</li> + +<li>Thanes, brief account of them, vii. 300.</li> + +<li>Theatre, general observations on the, iii. 338.</li> +<li><ul style="list-style: none;"><li> prosperous condition of it in England, v. 485.</li> +<li> made an affair of state in the French Republic, vi. 104.</li></ul></li> + + +<li>Theodorus, Archbishop of Canterbury, brief account of him, vii. 249.</li> +<li><ul style="list-style: none;"><li> his services to the cause of letters in England, vii. 249.</li></ul></li> + + +<li>Three Seals, the history of the affair so called, ix. 408.</li> + +<li>Time blends the conquered with the conquerors, iv. 272.</li> + +<li>Toleration, true, exemplified, iii. 431.</li> +<li><ul style="list-style: none;"><li> ought to be tender and large, iv. 258.</li> +<li> favorable to, and a part of Christianity, vii. 25.</li> +<li> not a virtue of the ancient heathens, vii. 31.</li></ul></li> + + +<li>Toulon, fleet of, injudicious measures of the English government with regard to it, iv. 445.</li> + +<li>Townshend, Charles, character of him, ii. 64.</li> + +<li>Trade, sometimes seems to perish when it only assumes a different form, i. 313.</li> +<li><ul style="list-style: none;"><li> quickly and deeply affected by taxes, i. 391.</li> +<li> tests of the state of it, what, v. 493.</li> +<li> Board of, its character and history, ii. 340.</li></ul></li> + + +<li>Tragedy, observations on the effects of, i. 120.</li> +<li><ul style="list-style: none;"><li> its subjects and passions, vii. 150.</li> +<li> great personages everywhere made the objects of it, xi. 308.</li></ul></li> + + +<li>Transmigration of souls, origin of the doctrine, vii. 181.</li> + +<li>Treasurer's staff, Lord Coke's account of the purpose of it, ii. 354.</li> + +<li>Trent, Council of, its wise introduction of the discipline of seminaries for priests, iv. 231.</li> + +<li>Triangle, the poorest of all figures in its effect, i. 152.</li> + +<li>Triennial Parliaments, evils of them, vii. 79.</li> + +<li>Trinoda necessitas, in Saxon law, what, vii. 325.</li> + +<li>Turkey, power sought there with avidity, notwithstanding the danger and insecurity of its tenure, vii. 82.</li> + +<li>Tyranny, aggravated by contumely, ii. 484.</li> +<li><ul style="list-style: none;"><li> the desire and design of it often lurk in the claim of an extravagant liberty, iv. 115.</li><li> never learns moderation from the ill success of first oppressions, x. 83.<span class='pagenum'><a name="Page_431" id="Page_431">{431}</a></span></li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Ugliness, the opposite to beauty, but not to proportion and fitness, i. 199.</li> +<li><ul style="list-style: none;"><li> consistent with the sublime, i. 199.</li></ul></li> + + +<li>Uniformity and succession of parts constitute the artificial infinite, i. 149.</li> + +<li>Universal, nothing of this nature can be rationally affirmed or any moral or political subject, iv. 80.</li> + +<li>Use, to be carefully attended to in most works of art, i. 154.</li> +<li><ul style="list-style: none;"><li> use and habit not causes of pleasure, i. 180.</li></ul></li></ul> + + + + +<ul style="list-style: none;"><li>Vanity, nature and tendency of, iv. 26.</li> + +<li>Variation, beautiful, why, i. 239.</li> + +<li>Vastness, a cause of the sublime, i. 147.</li> +<li><ul style="list-style: none;"><li> unity why necessary to it, i. 219.</li></ul></li> + + +<li>Vattel, extracts from his Law of Nations, iv. 471.</li> + +<li>Venice, its restrictions with respect to offices of state, iv. 249.</li> +<li><ul style="list-style: none;"><li> origin of the republic, vii. 331.</li> +<li> acquires the island of Cyprus, vii. 428.</li> +<li> the only state in Europe which benefited by the Crusades, vii. 428.</li></ul></li> + + +<li>Verbal description, a means of raising a stronger emotion than painting, i. 133.</li> + +<li>Vice, the instances rare of an immediate transition to it from virtue, i. 421.</li> + +<li>Vices, obscure and vulgar ones sometimes blended with eminent talents, iv. 26.</li> +<li><ul style="list-style: none;"><li> in common society receive palliating names, xi. 177.</li></ul></li> + + +<li>Vicinity, civil, law of, what, v. 322.</li> + +<li>Virgil, his figure of Fame obscure, yet magnificent, i. 138.</li> +<li><ul style="list-style: none;"><li> remarks on his combination of images at the mouth of hell, i. 146.</li> +<li> an example from him of the sublime effect of an uncertain light, i. 161.</li> +<li> and of the cries of animals, i. 162.</li> +<li> and of powerful smells, i. 163.</li> +<li> his picture of the murder of Priam, i. 259.</li> +<li> of the Harpies, v. 187</li></ul></li> + + +<li>Virtue, how far the idea of beauty may be applied to it, i. 190.</li> +<li><ul style="list-style: none;"><li> description of the gradual extinguishment of it in public men, i. 421.</li> +<li> will catch, as well as vice by contact, ii. 242.</li> +<li> virtues which cause admiration, i. 188.</li> +<li> virtues which engage the heart, i. 188.</li></ul></li> + + +<li>Visual objects of great dimensions, why sublime, i. 217.</li> +<li><ul style="list-style: none;"><li> effects of succession in them explained, i. 222.</li></ul></li> + + +<li>Voters, more in the spirit of the English constitution to lessen than to enlarge their number, i. 370.</li></ul> + + + +<ul style="list-style: none;"><li>Wages, the rate of them has no direct relation, to the price of provisions, v. 136.</li> + +<li>Wales, misgovernment of, by England, for two hundred years, ii. 148.</li> +<li><ul style="list-style: none;"><li> alteration of the system in the reign of Henry VIII., ii. 150.</li></ul></li> + + +<li>Wales, Frederick, Prince of, project of government devised in his court, i. 447.</li> +<li><ul style="list-style: none;"><li> means adopted for its introduction and recommendation to popular favor, i. 451, 453.</li> +<li> nature of the party formed for its support, i. 459.</li> +<li> name of this party, i. 466.</li> +<li> and of the new system, i. 466.</li></ul></li> + + +<li>Walpole, Mr., (afterwards Sir Robert,) his character, iv. 128.</li> +<li><ul style="list-style: none;"><li> extract from his speech in the trial of Dr. Sacheverell, iv. 129.</li> +<li> forced into the war with Spain by popular clamor, v. 288.</li> +<li> fault in his general proceeding, v. 289.</li></ul></li> + + +<li>War, its original may be very far from being its principal purpose, i. 298.</li> +<li><ul style="list-style: none;"><li> not easily reconciled with economy, i. 310.</li> +<li> the ground of a political war, laborers and manufacturers not capable of conceiving, v. 38.</li> +<li> of England with the French Republic, a war with an armed doctrine, v. 250.</li> +<li> can never be carried on long against the will of the people, v. 283.</li> +<li> general observations on, v. 318.</li> +<li> the power of making it, why put under the discretion of the crown, v. 335.</li> +<li> principle of the law of nations with regard to it, vi. 349.</li></ul></li> + + +<li>Warwick, Earl of, proceedings in his trial, xi. 32.</li> + +<li>Water, why venerated by the Druids, vii. 182.</li> + +<li>Weakness, human, in adversity, never pitied by those who applaud prosperous folly and guilt, iv. 183.</li> + +<li>Wealth, internal, consists in useful commodities as much as in gold and silver, i. 321.</li> +<li><ul style="list-style: none;"><li> of a country, a standard by which to estimate the character of the government, iii. 402.</li> +<li> can never rank first in England, iv. 327.</li> +<li> ought always to be the servant of virtue and public honor, v. 242.</li> +<li> remark of a foreigner on the display of it in the shops in London, v. 496.</li></ul></li> + + +<li>Whigs, the great connection of, in the reign of Queen Anne, i. 529.</li> +<li><ul style="list-style: none;"><li> the impeachment of Dr. Sacheverell, for what purpose carried on by them, iv. 119.</li> +<li> statement of the principles of the new Whigs, iv. 120, 151.<span class='pagenum'><a name="Page_432" id="Page_432">{432}</a></span></li> +<li> opinion of the new, with respect to the power of the people over the commonwealth, iv. 161.</li> +<li> Appeal from the New to the Old, iv. 57.</li></ul></li> + + +<li>Wilkes, Mr., his contest with the court party, i. 497.</li> +<li><ul style="list-style: none;"><li> pretence for punishing him, i. 500.</li></ul></li> + + +<li>Will and duty contradictory terms, iv. 165.</li> +<li><ul style="list-style: none;"><li> duty not subject to will, iv. 165.</li></ul></li> + + +<li>William of Normandy, the extraordinary facility of his conquest of England explained, vii. 288.</li> +<li><ul style="list-style: none;"><li> his numerous followers accounted for, vii. 333.</li> +<li> brief account of his reign, vii. 335.</li> +<li> view of his revenue, vii. 346.</li> +<li> his character, vii. 362.</li></ul></li> + + +<li>William Rufus, brief account of his reign, vii. 364.</li> + +<li>William III., his elevation to the throne an act not of choice, but of necessity, iii. 254.</li> +<li><ul style="list-style: none;"><li> his judicious appointments to the vacant bishoprics, iv. 14.</li> +<li> the spirited address of the Commons to him respecting the war with France, v. 296.</li> +<li> the Grand Alliance against France his masterpiece, v. 297.</li> +<li> his indomitable perseverance in pressing this measure, v. 299.</li> +<li> address of the House of Lords respecting it, v. 300.</li></ul></li> + + +<li>Wintoun, Lord, proceedings in his trial, xi. 22.</li> + +<li>Wisdom of the Son of Sirach, example of the sublime from that book, i. 155.</li> + +<li>Wishes, vehement, the discovery of them generally frustrates their attainment, v. 252.</li> + +<li>Wit and judgement, difference between them, i. 87.</li> + +<li>Words, the proper medium for conveying the affections of the mind, i. 133.</li> +<li><ul style="list-style: none;"><li> affect us in a manner very different from natural objects, painting, or architecture, i. 246.</li> +<li> three sorts of them, i. 247.</li> +<li> general words before ideas, i. 249.</li> +<li> effect of them, i. 250.</li> +<li> may affect without raising images, i. 252.</li> +<li> this exemplified in the case of the poet Blacklock, i. 252.</li> +<li> and of Saunderson, the mathematician, i. 253.</li> +<li> how words influence the passions, i. 258.</li> +<li> the only means by which many ideas have ever been at all presented to the senses, i. 259.</li> +<li> the source of a great part of the mischiefs that vex the world, vi. 397.</li> +<li> the world much influenced by them, xi. 172.</li></ul></li> + +<li>Writers, when they act in a body and with one direction, have great influence on the public mind, iii. 380</li></ul> + + +<hr style="width: 65%;" /> + +<h3>THE END</h3> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Works of the Right Honourable +Edmund Burke, Vol. XII. 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