i f OF ' I SPEECHES OP THE MANAGERS AND COUNSEL TRIAL OF WARREN HASTINGS. EDITED BY E. A. BOND, ASSISTANT KEEPEE OF THE MANUSCRIPTS IN THE BHITISH MUSEUM . VOL. I. PUBLISHED BY THE AUTHORITY OP THE LORDS COMMISSIONERS OP HER MAJESTY'S TREASURY. LONDON: PRINTED BY GEOEGE E. EYEE AND WILLIAM SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. FOR HER MAJESTY'S STATIONERY OFFICE. PUBLISHED BY LONGMAN, BROWN, GREEN, LONGMANS, & ROBERTS. 1859. 3 CONTENTS. Page INTRODUCTION ..... . _ i SPEECH of the Rt. Hon. E. BURKE ; 15th February 1788 - 1 CONTINUATION; 16th February 1788 - - 45 CONTINUATION; 18th February 1788 - - - 101 CONCLUSION; 19th February 17.88 - - 152 SPEECH of the Rt. Hon. C. J. Fox ; 22d February 1788 - 183 SPEECH of C. GKEY, Esq. ? 25th February 1788 - 265 SPEECH of J. ANSTRUTHER, Esq. ; llth April 1788 - 307 OBSERVATIONS of the Rt. Hon. E. BURKE; llth April 1788 - - 3G2 SPEECH of W. ADAM, Esq. ; 15th April 1788 - 368 SPEECH of the Rt. Hon. T.TELHAM; lth April 1788 - 436 SPEECH of R. B. SHERIDAN, Esq ; 3d June 1788 - 482 CONTINUATION ; 6th June 1788 - 560 CONTINUATION; 10th June 1788 - - 627 CONCLUSION; 13th June 1788 - - 659 INTRODUCTION. THE Trial of Warren Hastings, not only is interesting to us at the present day as an instance of proceedings on an impeachment by the House of Commons for high crimes and misdemeanors in office, but will always be regarded as honour- able to the country from the motives which originated it and the purposes it was intended to serve. For, whatever other feelings mingled in the prosecution, it was mainly brought about by the generous sympathy of at least one great and noble mind, enkindling that of the nation at large, in the alleged oppression of a remote people, unallied in race, his- tory or religion, and even uncomplaining of their own wrongs. And no object could be nobler than that it aimed at; for its purpose was, at the first birth of an empire destined to embrace nearly a third part of the population of the globe, to purify the principles of its government from the taint of imputed faithlessness and cupidity. And, though generations are passed away since this great public prose- cution agitated the minds of all classes in this country, it deserves no less consideration now, when events such as have of late occurred in India force us to trace out with all anxiety the causes, remote as well as immediate, which may have given them birth. But there is another nature of interest attaching to the trial of Warren Hastings, and which appeals more directly to all cultivated intellects the interest we feel in the efforts of genius of the highest character, exerted in the conduct of the prosecution, and especially displaying itself in elo- quence, the fame of which has reached our own day, as of unprecedented brilliancy. ii INTRODUCTION. The present publication will afford the best means for studying the merits of the prosecution, and, for the first time, furnish an opportunity of appreciating the character of the eloquence it gave occasion to. The speeches delivered by Fox and Sheridan, and their opponents, Law, Plumer and Dallas, remain unknown except by the meagrest outline reports. Burke's alone have appeared in print at full length ; yet not as they were delivered in Westminster Hall, but prepared for publication by himself, and greatly altered, not only in diction, but in the suppression of parts and introduc- tion of new matter. The speeches of Prosecutors and Counsel for the Defence will now be published as nearly in their original words as they have been preserved to us : and, since each party laboured to the utmost to display or dissect the evidence with the greatest advantage to its own side, we shall, in reading them, have the best possible assistance in weighing the truth of the charges produced in the impeachment. It will be convenient for the reader of these speeches to have at hand a short narrative of the series of events which formed the foundation of the charges they refer to. These are connected with only a small part of the great measures which distinguished Mr. Hastings' administration of India. We shall have no occasion to speak of his wars with the Mahrattas, or the struggle for possession of the Carnatic with Hyder Ali. For, although these great efforts of our then feeble power in the East may have given occa- sion for the course of policy arraigned by Mr. Hastings' accusers, they are not among the transactions included in the Articles of impeachment. The matters referred to in the actual charges against him, especially in the Articles opened in the speeches comprised in the present volume, are mainly connected with the early revolutions in the govern- ment of Bengal, the history of the province of Oude, and of its dependency, the zamindary of Benares. For the purpose in view, the proposed sketch of events need be commenced at no earlier period than that of Lord INTRODUCTION. iii dive's return to England, in the year 1760, after his me- morable restorntion of the power of the Company, reduced to almost its last gasp by the successes of their opponent, Suraj-ud-Dowla, Nawab of Bengal. The government of the Revolutions Presidency of Calcutta had been left in the hands ofso 1 * of Bengal. Mr. Hoi well, one of the survivors of the horrors of the Black Hole not as permanent Governor, but as holder of the office until the arrival of Mr. Vansittart, then President of Madras, who had been nominated to the appointment. The settle- ment made by Clive of the affairs of Bengal survived but a short time his vacation of office. He had established Mir Jaffier as Nawab, and under the shelter of his protection the Nawab ruled in security. But when Clive was no longer at hand, disorder overspread the country. Pie was assailed from without by the Shah Zada, the eldest son of the Mogul, assisted by Suja-ud-Dowla, Nawab of Oude. During the progress of the war, the Shah Zada, by the death of his father, became Emperor, under the name of Shah Alem, and continued hostilities against Mir Jaffier, with increased power and activity. The Nawab was upheld by his English protectors, whose forces, under the command of Colonel Calliaud, effectually co-operated with his native troops, commanded by his son Miran. In the course of the campaign, an event happened which led to a revolution in the government of the province, and under circumstances which are dwelt on in Mr. Burke's general opening of the prosecu- tion as illustrative of the rapacity of the English servants of the Company. Miran was struck by lightning in his tent during a storm. His troops mutinied, and turned their arms against their prince, the Nawab. To add to the confusion, a contest ensued between the native chiefs for the succession to the high office of commander of the Nawab's army, and Mr. Holwell and his Council adopted the side of Cossim AH Khan, son-in-law of Mir Jaffier. In return for the assistance which they were prepared to extend to him, and by which he would be assured of the office, and be raised to the position of the virtual ruler of the country, he guaranteed by treaty a 2 INTRODUCTION. Mr. Hast- ings mem- ber of the Council of Calcutta, the immediate discharge of arrears of payments due from the Nawab, and the concession of the provinces of Burdwan, Midnapore and Chittagong. As was probably foreseen, the revolution, which was, in fact, commenced by the act of forming a special agreement of such a character with the NawaVs principal officer of state, it was found necessary to work out to its full completion in the sequel. Mutual jealousies and distrust increased between Mir Jaffier and the government of Calcutta, and the intrigues of the NawaVs son-in-law, Cossim Ali Khan, introduced disorder into the province, and destroyed the authority of the Nawab over his own vassals. The misrule which prevailed gave excuse for the interference of the English. Mir Jaffier was deposed, and Cossim Ali Khan raised to his place ; and the late Nawab, having surrendered on the condition of per- sonal security, was removed to Calcutta. It is charged by Mr. Burke upon the English promoters of this revolution, that they were influenced by promises of enormous pre- sents from the new Nawab. Throughout the transactions, Mr. Hastings, then the Company's Resident at the NawaVs court, was actively employed, though, as only the instrument of higher authority, he might decline responsibility for the measures he helped to carry out. In August, 1761, after the completion of this revolution, Mr. Hastings was promoted to the office of Member of the Council of Calcutta, and thus acquired a voice in the direction of the affairs of the Presidency. But, as regarded the principal subject which occupied the deliberations of the Board while he continued a junior member of it, namely, the regulation of the commercial intercourse of the agents and servants of the Company Avith the subjects of the Nawab of Bengal, as also in respect to other transactions connected with the treatment of that Prince, it is said he was an unwilling party to the proceedings of the majority. Abusing their right of interfering in the NawaVs affairs, acquired by the great services rendered to him, the more powerful section of the Council took the course of unjustly supporting the INTRODUCTION. V civil servants of the Company in a selfish and extreme abuse of the commercial privileges allowed them, even to the resistance of the authority of the Nawab; while, on the other hand, they shamefully abandoned to his cupidity and vengeance chiefs in allegiance to him who had incurred his resentment, but whom the Company were pledged to pro- tect. Mr. Hastings' experience of the system of govern- ment in the province, and clearer comprehension of the Company's real interests, made him a steady opponent of such policy ; and his views were justified by the events which followed. Quarrels soon ensued between the Council and the Nawab, growing more and more envenomed, until the Company was forced to take up arms against the Prince of their own creation. Nor was the contest which ensued one of slight account. The revolted Nawab had secured the assistance of the Mogul, Shah Alem, and the Nawab \Vazir of Oude, Suja-ud-Dowla ; and, in the alarm raised in England by the severity of the struggle, the hero of Plassy, who since his return to England had experienced little favour from the Directors, was appealed to to resume his post at Calcutta, with absolute powers for settling the affairs of the Presidency. But, however impolitic and unjust in its origin, the contest had been carried on with vigour and success by the Company's servants. Mir Cossim was everywhere defeated, and at length compelled to flight; his allies, at the same time, making absolute submission to the con- querors. Nor were Mr. \ r ansittart and his Council wanting in turning to the full advantage of the Company the oppor- tunity now in their hands for more effectually controlling the affairs of the province. The previous Nawab, Mir Restoration Jaffier, originally created by Lord Clive, was reinstated ; wab, Mir his restoration to power being acknowledged by the pay- ment of heavy sums for the expenses of the war, and other concessions. Dying shortly after, in January, 1765, his eldest surviving son, Nujem-ud-Dowla, was selected by the Governor and Council of Calcutta to succeed him, VI INTRODUCTION. and this fresh opportunity of enlarging and confirming the power and privileges of the English was not neglected. Treaty with By a treaty concluded with the new Nawab, the military son defence of the country was placed in the hands of the English ; the civil government was virtually secured to them ; and, to divest the Nawab of the power of thwarting or resisting their influence henceforward, he was bound to place the entire management of all the affairs of 4he government of his country in the hands of a deputy, or Naib Subah, to be nominated by the Governor and Council. To this important office the Nawab was anxious to appoint Nundcomar, a man of corrupt character, and who, while acting as Minister of the late Nawab, Mir Jaffier, had been suspected of treacherous conduct towards the English. The selection was resisted by the Governor and Council, who appointed an able and trusty minister, Moham- med Reza Khan. This advantageous settlement of the province of Bengal had been already concluded when Lord Clive returned to India, invested with unusual powers, in April, 1765. He found, when he took possession of his office, that not only was the danger which had appeared so formidable already averted, but that the possessions and authority of the Com- Troatv of pany had received considerable enlargement. He at once bent Allahabad. . * his mind to the task of securing the advantages gained, and adding to them by fresh agreements with the Nawab. With this view he made a progress up the country in person, and concluded a joint treaty with the Mogul Emperor, the Nawab of Bengal, and the Nawab Wazir of Oude, by which their relations with each other and with the Company were more carefully defined. This is the treaty of Allahabad ; a treaty which forms an epoch in the history of the period, and which is frequently referred to in the arguments on the prosecution of the charges against Mr. H astings. The Mogul Avas obliged to resign all claims to arrears of tribute from Bengal ; to surrender certain jagirs previously secured to him; and to grant the famous firman, dated on the 12th of INTRODUCTION. vii August, 1765, conceding the diwani or collectorship in Bengal, Behar and Orissa, to the East India Company. On the other part, he was to receive an annual tribute of twenty-six lacs of rupees, equal to 260,000?., and to be put in possession of the countries of Corah and Allahabad. The Nawab of Bengal, Nujem-ud-Dowla, was required to associate two other persons with Mohammed Reza Khan in the office of Kaib Subah ; to make over the management of the subahdary, and resign the entire revenues, to the Company ; a pension of fifty lacs of rupees, or 500,OOOZ., being reserved for himself. A demand was made upon Suja-ud-Dowla, the Nawab Wazir of Oude, for the payment of fifty lacs of rupees towards the expenses of the late war; but he was fully reinstated in his dominions, with the exception of Corah and Allahabad, made over to the Mogul. Connected with the Zamindary /> /"y ! i i T of Benares. settlement or (Jude, an arrangement was concluded respect- ing its dependencies, the zamindaries of Benares and Ghazi- pore ; and to this more particular attention must be drawn, as the affairs of these districts form a principal foundation for the charges preferred against Warren Hastings. The zamindary of Ghazipore, part of the province of Oude, had been acquired through a course of clever intrigue by a native named Manseram. He was succeeded by his son, Bulwant Sing, who, by following his father's arts, succeeded in greatly enlarging his dignity and influence. To the zamindary of Ghazipore he procured the addition of that of Benares ; and, when the contest broke out between his chief lord, the Nawab of Oude, and the English, he had attained such a degree of wealth and power that he was able to treat with the English as an independent Prince, and actually brought a large force into the field in their support against the Nawab. It was ever the policy of the Company to protect those of the native Princes who, under whatever circumstances, had adopted their interests. While Suja-ud-Dowla, therefore, the opponent of the English in their recent struggle with the Nawab of Bengal, was, from Vlll INTRODUCTION. motives of policy, to be restored to his dominions, his rebel- lious feudary, Bulwant Sing, Raja of Benares, was not to be abandoned to his vengeance. Express provision was made in the treaty of Allahabad that Bulwant Sing was to retain his possessions in full security, and without any addition being made to the annual payment he had been before liable to, as tribute to the Nawab. In this final settlement of the affairs of the Presidency Mr. Hastings had no share. In November, 1764, he had re- Engiand. signed his seat in the Council of Calcutta, and returned to England. After four years of inactivity, and owing, it is said, to the favourable impression produced by his evidence before a Committee of the House of Commons on the affairs of India, his application for further employment under the Company was accepted, and in the spring of 1769 he embarked again for India, to fill the post of second in the ment p ^ int " Council of Madras. He was moved to the Council of Cal- cutta in December, 1771, and in April of the ensuing year was installed in the office of President. His administration commenced at a period of the greatest depression of the Company's affairs. In addition to the exhaustion of the treasury occasioned by a war in the Carnatic, a famine had prevailed, during the years 1769 and 1770, of such severity that a third of the population was estimated to have perished through its effects. A great deficiency in the ordinary revenue was the consequence ; and the financial embarrassments of the Company were so great that, after exhausting their credit with the Bank of England in loans, they were compelled to have recourse to the Imperial Government for assistance. The opportunity was seized by the Ministers of the day to effect a resettlement of the government of India? and, in the summer of 1772, two Acts were passed for regulating the financial affairs and the government of the Company. The main alteration intro- duced consisted in the establishment of a Governor General and Council in Calcutta, to have supreme authority in INTRODUCTION. IX India, and in the creation of a Supreme Court of Judi- cature, the decisions of which were to be guided by the principles and practice of English law. During the interval between the succession of Mr. Hast- ings as President of the Council of Calcutta and his creation as Governor General, measures were passed requiring notice from their influence on events referred to in the trial. The office of Directors had signified their intention to abolish the office of native Naib Diwan, and to transfer the execution of his duties to the Council. The office included two depart- ments ; that of the collection and regulation of the revenue, and the general administration of the affairs of the pro- vince. By express orders from the Directors, the Naib Subah, Mohammed Reza Khan, was not only deposed from his office, but arrested, and held prisoner in Cal- cutta on charges of fraud and peculation. The office itself was divided. A native functionary, under the title of Roy Roy an, was appointed to assist the Council as super- intendent of the district divisions; and to this office Raja Goordass, son of Mohammed Reza Khan's bitter enemy, the Raja Nundcomar, was nominated ; Nundcomar himself having been recommended to the place by the Directors, on the express ground of his enmity to Mohammed Reza Khan. This ill-treated, but apparently innocent officer, was held in confinement for a considerable time before being brought to trial, and then acquitted of the charges against him. Shitab Roy, Diwan of Patna, who had been arrested at the same time as Mohammed Reza Khan, Avas also tried, and honourably acquitted. He died shortly after his release, and his death has been ascribed to a broken heart, produced by his sense of the indignities and suspicions he had been subjected to. By other authority this assertion is disputed ; and it is pointed out that, on the close of the investigation into his conduct, he was appointed Roy Royan of Behar, with the addition of the office of Naib Nazim. His son was at once nominated his successor by Mr. Hastings, as 3C INTRODUCTION. an expression of his high sense of the father's integrity and merit.* The chief portion of the functions of the second depart- ment, or the office of Naib Nazim, viz. the guardianship of the young Nawab, were conferred on Munny Begum, widow of the late Nawab, Mir Jaffier. TheRohiii&s. Meanwhile, in the ever-changing condition of Indian poli- tics, occurrences had taken place which already required a modification of the treaty of Allahabad. Deprived of real power by the successive agreements he had been compelled to conclude with the English, the Mogul had been residing at Allahabad, in enjoyment of the districts conceded to him by the treaty. But, although condemned to inactivity and obscurity by the exigencies of English policy, he nursed an eager longing to parade himself in all the outward glories of royalty in the ancient capital of the Mogul empire. He had set his heart on being crowned at Delhi. In order to accomplish this, in despite of the opposition of the English, he was induced to cultivate an alliance with the Mahrattas, whose power at that period overawed every neighbouring state. Having assured himself of the support of these formid- able marauders, and the assistance of Suja-ud-Dowla, Nawab of Oude, who, while cautious not to incur the resentment of the English, looked for an oportunity of serving his own interest in any troubles which might ensue, he set out with a small army from Allahabad. While detained by the rains in the neighbourhood of Furruckabad, on his route to Delhi, he was joined by certain of the Mahratta leaders, with whom he had settled the hard terms of their support ; and on the 25th of December, 1771, he made his entry into the capital. But few days were suffered to elapse before it appeared with what object the Mahratta chiefs had given their assist- ance towards gratifying the ambition of the Mogul. The country of the Rohillas lay between the Ganges and the mountains, and bordering on the north-west portion of Oude. * Mill's History of India. Note by Wilson, Vol. III., p. 548. INTRODUCTION. xi The people who held it were descendants of Afghans, who had received the district from the Mogul in reward for services rendered in war. The country itself was of great fertility. It had long been coveted by successive Nawabs of Oude ; and had also attracted the dangerous attention of the Mahrattas, by proposals made to them for its conquest many years before by a predecessor of Suja-ud-Dowln. It was his countenance and assistance in the plundering of this country which was now exacted from the Mogul Emperor by these ruthless robbers. The Emperor's terrors helped to persuade him to yield to their demands. By resuming the government of the district of Delhi into his own hands he had dispossessed a Rohilla chief, Zaluta Khan, who had acted as his deputy ; and he feared the consequence of his resent- ment of this injury. The lands of this chief lay apart from the remaining district, and nearly contiguous to Delhi itself. The Emperor's consent to the proposed expedition was given. The territories of Zaluta Khan were overrun and laid waste, and the whole body of Mahrattas now threatened the general country of the Rohillas. The power of these people though they are said to have numbered 25,000 men in arms was unequal to resist the invasion they were threatened w r ith. In their despair, they sought aid from the neighbouring state of Oude. The policy followed by Suja-ud-Dowla on the emergency appears to have been to extract money from the Rohillas under the pretence of protecting them from the Mahrattas, and to rely upon the English for the force requisite to check the course of these invaders, whom he regarded with apprehension on his own account. Proposals to this effect were made by him to the President and Council of Calcutta, through Sir Robert Barker, then commanding the English troops in the neigh- bourhood. Assent was given to the proposals, in a letter from the Presidency, dated the 3d of February, 1772. But the efforts of Suja-ud-Dowla to treat with the Mahrattas were unsuccessful, and they effected a partial invasion of the country of the Rohillas. On the 17th of June, a treaty Xll INTRODUCTION. of alliance was concluded between the Wazir and the Rohillas, the most important condition of which was, that the latter should pay a sum of forty lacs of rupees into the hands of the Wazir, to be applied to purchasing the Avithdrawal of the Mahrattas from their half-executed enterprise, or supplying sufficient protection against them from his own resources. Of this sum only five lacs were actually paid to the Wazir. Meanwhile, the Mahrattas, who had retired across the Ganges previous to the rainy season, again threatened an incursion into the Rohilla country. The promised aid of the Wazir was very partially given, the only semblance of assistance afforded being from a body of English troops, under Sir Robert Barker, who guarded the frontier of the Wazir himself, but in some measure overawing the Mahrattas by his presence. The Rohillas were accordingly thrown on their own resources, and they saved their country only by the expedient of purchasing the mercy of the Mahrattas by a money payment. Throughout these transactions the Govern- ment of Calcutta had acted on the principle of protecting the Rohillas by strengthening the Wazir and threatening the Mahrattas, should they expose themselves by advancing far into the country ; and had uniformly expressed confidence on the ultimate withdrawal of the Mahrattas, on account of the revolution recently effected in their own country. SieNawab h When the immediate danger had passed away, it Benares at became evident that measures were required for more effectually securing the country against a repetition of the late danger. With a view to concluding the necessary arrangements on the spot, Mr. Hastings obtained the sanc- tion of the Council to his proceeding in person up the country to hold an interview Avith the Wazir. He accord- ingly met Suja-ud-Dowla at Benares, in the month of June, 1773, and received from him propositions of undisguised self- interest, and fatal to the Rohillas, but which Mr. Hastings was induced to accede to. The difficulty before him lay, not only in providing against further Mahratta incursions, but in dealing with the Mogul INTRODUCTION. Xlil Emperor himself powerless to assist, but dangerous in the countenance he was able to give to those who could force him into a participation in their projects. In the recent events he had become a resistless tool in the hands of the MahrattaSj who had not scrupled to force him to their purposes by open violence. They had extorted from him a grant of the important provinces of Allahabad and Corah, lately conceded to him by the English, and which, lying within the boundaries of the province of Oude, would, in the occupation of the Mahrattas, have exposed that district, as well as other neighbouring states under English protection, to obvious danger. The propositions of the Wazir were nothing less than First, that the English should assist him in the absolute conquest and annexation of the country of the Rohillas, on the ground of its having ever been a source of danger to his own province, from the predatory habits and turbulent character of its rulers, and the probability of their allying themselves, in self-defence, with the still more dangerous Mahrattas. Secondly, that he should be put in possession of Corah and Allahabad, an actual part of his territories, and which the Mogul Emperor had shown himself unable to maintain on his own account. The inducement offered to the English to agree to these proposals was, the payment by the Wazir of the entire expenses of the war and a sum of forty lacs of rupees into the treasury at Calcutta, for the first, and the payment of fifty lacs of rupees, within two years, for the second condition. It is not our object to examine into the justice or policy of the proposed agree- ment, and we are content with the simple statement that the terms were, according to Mr. Hastings' own statement, agreed to, but that, after things were thus adjusted, the Wazir him- self, " fearing that he had engaged beyond his ability, desired to decline the Rohilla expedition." It was agreed, however, that the monthly charge for the expenses of the English troops, when engaged in the service of the Wazir, XIV INTRODUCTION. should be fixed at 210,000 rupees.* In one respect Mr. Hasting showed his consideration for his engagements with his allies. He bound the Wazir to respect the rights of Cheyt Sing, the Raja of Benares, and to confirm him in all his independent privileges and power. It is to be remarked, that, on the return of Mr. Hastings from his visit to Benares, he procured the sanction of the Council to the establishment of a resident agent at the Court of the Nawab of Oude, to be the instrument for con- ducting affairs which could not be as conveniently treated of through written communications : and he further procured to himself the exclusive power of nominating and removing the Resident, and of corresponding with him independently of the Board. The first exercise of this authority was in the appointment of Mr. Middleton as Resident at Lucknow. The professed reluctance of the Wazir to engage in the Rohilla enterprise was not of long duration. In the month of November he made a formal application to the Govern- ment at Calcutta for their assistance in subduing the country. The English co-operation was recommended by Mr. Hastings, and agreed to by the Council. The events which followed are well known. In the beginning of the year 1774, the united forces of the Wazir and the Company commenced operations against the devoted Rohiilas. After a determined resistance, these warlike people were effectually scattered, and their country subdued. The expressed object of the Wazir was the extirpation of the whole race, and his troops, tardy enough on occasions of hard fighting, were unwearied in the work of plunder and destruction. The cruelties com- mitted in the country by their hands exceeded the usual horrors of invasion. TheSu- The day fixed by the Act of Parliament for the commence- premeCoun- J * cil - ment of the new form of the governing body, was the 1st of August. 1774. Henceforward the Government of Bengal was O ' o * Letter of Hastings to L. Sulivan, Esq., dated 12th October, 1773. Gleig's Memoirs of Warren Hastings, vol. I., p. 353. INTRODUCTION. XV supreme over the other Presidencies, and was to consist of a Governor General and Council of four. The action of the Board was regulated by the will of the majority, the Governor General having only a casting vote. The new Council was to consist of Mr. Bar well, already experienced in the government, and three members to come from England, namely, General Clavering, Colonel Monson and Mr. Francis. It will not be necessary to go into the history of the dissensions which prevailed at the Board from their first sittings, till the members of it were separated by the deaths of two of their number, General Clavering and Colonel Monson, and the eventual retirement of Mr. Francis. We shall only observe, that it was a plea put forward by Mr. Hastings, in his Defence to the charges of the House of Commons, that some of the acts he was made responsible for were in fact the resolutions of the majority of the Council, to which he was opposed. The earliest acts of the hostile majority of the Council were, the condemnation of the Rohilla war ; the withdrawal of Middleton, the Resident at the court of the Wazir of Oude, and the appointment of Mr. Bristow in his place ; peremp- tory orders to Suja-ud-Dowla to retire from Rohilcund, and a demand of immediate payment of the forty lacs of rupees for which he had bound himself. At the beginning of the year 1775, however, Suja-ud-Dowla died, and was succeeded by his son, Asoff-ud-Dowla. On the 21st of May a treaty was concluded with the new Nawab, in which the Company were made to guarantee to him the provinces of Corah and Allahabad ; and the Nawab made over to the Company his property, the territory of Cheyt Sing, the Raja of Benares, yielding a revenue of twenty -two lacs of rupees ; consented to increase the monthly allowance for the service of the Company's troops to 260,000 rupees; and took upon himself the unpaid balance due to the Company from his father. This short view of the course of events in the provinces of Bengal and Oude will serve to introduce the transactions INTRODUCTION. brought most prominently forward in the Articles of Charge on which the impeachment of Hastings was based, and more particularly in the first and second Articles, which are urged against him in the remarkable speeches comprised in the present volume. The first of these relates especially to the treatment of Cheyt Sing, the Zamindar of Benares and Ghazipore. tio'nof*'" ^ w ^ ke remembered under what terms Bulwant Sing, Benares. the R a j a O f Benares and Ghazipore, was secured in his territories in the treaty of Benares. But, by an oversight in the wording of the terms of the agreement, its benefits were secured only to the individual, and not to his successors. On occasion, therefore, of the death of Bulwant Sing, which took place in October, 1770, the right was claimed by the Nawab Wazir, Suja-ud-Dowla, to take the territories into his own hand ; but, mainly by the exertion of English influence, he was induced to renew the grant of territory to Cheyt Sing, on his agreeing to the payment of an additional rent or tribute of two and a half lacs per annum, In the treaty of Benares, of 1773, Mr. Hastings engaged the Wazir to execute a grant, confirming to Cheyt Sing and his heirs the territories of Ghazipore and Benares, and protecting him against encroachments on his authority or exaction of rent or tribute beyond the stipulated amount ; and this was fixed at 22 lacs 48,000 rupees. To this grant Mr. Hastings added the guarantee of his seal. In the month of March, 1775, shortly after the death of the Nawab Wazir, Suja-ud-Dowla, the Bengal Government was again called upon to interfere in behalf of Cheyt Sing, who complained of attempts made by the new Nawab, Asoif-ud-Dowla, to force from him his tribute in advance ; and Mr. Bristow, the Resident at the Wazir's court, was instructed by the Council to remonstrate against such injustice. But an important change in the condition of Cheyt Sing was impending. In consequence of the non- payment by Asoff-ud-Dowla of arrears of sums for which his father was engaged, he was forced into new arrange- INTRODUCTION. XVli ments by the majority of the Council, and was obliged to consent to the transfer of the sovereignty and tribute of Benares and Ghazipore to the Company. This agreement was concluded in May, 1775 ; and it necessarily jeopardised, if it did not immediately annihilate, what independency Cheyt Sing had hitherto virtually enjoyed. For, while under the sovereignty of the Nawab of Oude, he had the protection of the English to guard him from encroachments of the Nawab ; but now, holding immediately under the Company, he had no shield against an arbitrary exercise of their superiority. In the arrangements made on occasion of this transfer of sovereignty, an addition to his authority was given in the powers of administering justice, and in the right of coinage ; and he was recommended, but not required, to maintain a body of 2,000 cavalry, for which the Company was to pay fifteen rupees per month for each private, and for officers in proportion, while engaged in the Company's service. On the 7th of July, 1778, intelligence was received by Mr. Hastings of a war having sprung up between Great Britain and France, and information, derived from Lord Stormont, then ambassador at Paris, was added of machi- nations at the French court against the English possessions in the East. The scheme of defence of the country devised by Mr. Hastings necessitated a large expenditure of the Company's money ; and he proposed to the Council, and received their sanction, to demand from Cheyt Sing, as having a common interest in the security of the country, the payment of a sum of five lacs of rupees towards the general expenses. To this demand Cheyt Sing yielded a ready assent ; and, although he subsequently pleaded inability to meet the payment, he eventually fulfilled his engagement. The same amount was demanded in the two succeeding years 1779 and 1780, but paid with irregularity and reluctance. In the latter year an additional demand was made of a force of 2,000 cavalry, which on remonstrance from Cheyt Sing was reduced to 500. He could only be induced, however, to promise the number of 250, and none were actually b XV111 INTRODUCTION. furnished. It is to be remarked, that, notwithstanding the difficulty experienced by Cheyt Sing in remitting his contri- bution for the year 1780, he actually pressed on Mr. Hast- ings, in that year, a present of two lacs of rupees, hoping, by the influence of the gift, to induce him to remit the exac- tion. Mr. Hastings accepted the present and applied it to the Company's service, but insisted, nevertheless, on the full payment of the original demand. Extreme dissatisfaction was felt at the hesitations and delays of Cheyt Sing in furnishing the contributions demanded of him. He had the reputation of great wealth, from the known accumulation of riches in his capital of Benares, through the influx of devotees resorting to it as a sacred city. His existence as an independent Prince had been mainly owing to the Company's protection and influence. Mr. Hastings, moreover, had always advocated his interests, and seems to have felt a personal resentment at his efforts to evade the exactions he hud arbitrarily sub- jected him to. With a mind thus ill-disposed towards the Raja, Mr. Hastings set out on a personal visit to Benares, having invested himself, by the assent of Mr. Wheler, the only remaining member of Council, with the entire power of Governor General and Council for the purposes of his journey. He reached Benares on the 14th of August, 1781, and, acting on a predetermined resolution of evincing his displeasure, he forbad the Raja's proifered visit, and sent him a paper of charges, to which he required an immediate answer. Notwithstanding that Cheyt Sing's reply was couched in terms of abject submission, he was ordered under arrest. It is not necessary to dwell on the events which followed this indignity. The people of the city rose in insurrection. A body of 205 sepoys were cut to pieces the Raja was liberated Mr. Hastings himself was forced to escape to Chunar and it was only after the greatest risks to himself and the detachments which came to his assistance that the troops of the Raja, numbering 2,000 trained men, INTRODUCTION. XIX with as many armed husbandmen and volunteers, were over- powered, and the forts of Pateeta and Bidgey Ghur taken. Cheyt Sing himself fled the country, and found shelter with Madajee Scindia. His zamindary was considered forfeited, and was conferred on his lineal successor, Mehipnarain, whose stepfather, Durbejey Sing, was appointed Naib, or deputy, and thus invested with the actual government of the district. The issue of the revolution was unsatisfactory. Durbejey Sing proved an incompetent administrator, and was as backward in the important duty of paying up the balances of the tribute as Cheyt Sing himself. He was deposed from his office, and thrown into prison in November, 1782; was liberated after six months' detention, and again and more rigorously imprisoned from March, 1784, to March, 1785, when he died. Jugger Deo was selected to fill the place of Durbejey Sing ; and he, as it is charged, in order to meet Mr. Hastings' demands, oppressed and harassed the inhabitants of the province, and reduced it to such a state of exhaustion that his removal too became necessary, a year after his appointment. Such is the outline of events which form the basis of the first of the Articles of Charge against Mr. Hastings. The spoliation of the Begums or Princesses of Oude, widow and mother of the Nawab Wazir, Suja-ud-Dowla, named Munny Begum and the Bow Begum, form the sub- ject of the second Article. The younger of the ladies had, on the death of her husband, the Nawab, been allowed to retain possession of the treasures, supposed to be very considerable, which he had accumulated, and which during his lifetime he had entrusted to her care. The question had, indeed, arisen in the Supreme Council whether her claim to the treasures should be supported by them, it being a custom of Mohammedan law that the property of the father descends to the son, with the reserve of a small portion only to the widow. The disposition of Mr. Hastings was to give the treasures to the new Nawab, as a matter of legal right, and as a means i; the charges against Deby Sing, have, I believe, never been published. They are, however, preserved in MS., and a copy of them will, on the com- pletion of the present publication, be deposited in the British Museum. INTRODUCTION. XXIX grounded the impeachment of Warren Hastings, it will be proper to point out other incidents and circumstances which, if they formed no part of the crimes imputed to him, were certainly in as great a measure the cause of the proceedings against him. Mr. Hastings' responsibility of office commenced with his occupation of the post of second in the Council of Calcutta, in of CounclK December, 1771, and his instalment in the office of Governor of the Presidency, early in the following year. During the interval between this elevation to power and the introduction of the new form of government in August, 1 774, when the Pre- sident and Council of Calcutta was made supreme over the other governments, the President himself taking the title of Governor General of Bengal, Mr. Hastings wag able to con- duct the affairs of his province very much according to his own views, and some of the measures he then carried out were afterwards laid to his charge as acts of corruption and misgovernment. On the formation of the new Council, how- ever, the new members, General Clavering, Colonel Monson and Mr. Francis, were not long in making evident their disapproval of the acts of the late Board. Concurring in a distrust of the Governor General and condemnation of his policy, and uniformly acting and voting together, they became the majority and ruling portion of the Council ; and Mr. Hastings' views of finance, and of policy in the relations of the Company with the various native states his selection of officers for the collection and management of the revenues, and of agents at the courts of the native princes were uniformly thwarted and reversed. This period extended from the autumn of 1774 to the death of Colonel Monson in September, 1776, when, by his casting vote, Mr. Hastings, having the steady support of one mem- ber of the Council, Mr. Barwell, recovered the ascendancy, and was able once more to follow his own views. And it was not only at his own Council Board that Mr. Hast- ings felt the loss of his influence in the government. At XXX INTRODUCTION. home, the arbiters in the differences between him and the majority of the Council gave their countenance to his oppo- nents ; and, in a letter of the Directors, of the 18th of December, 1775, in which the subject of the contentions in the Council are discussed, their approval of the conduct of the majority, and censure of Mr. Hastings' previous acts of government, are expressed in the strongest terms. In aggravation of the opposition accumulated against him, the first Minister of the Crown, Lord North, lent his influence to stimulate the action of the party opposed to him in the Court of Directors. Colonel Macleane, whom Mr. Hastings had commissioned to watch over and protect his interests and honour, and to acquaint him with proceedings at home, and whom he had charged with a formal power of presenting his resignation of office under certain conditions of circum- stances, sent him notice from England of efforts made by Lord North to obtain from the East India Proprietors an address to the Crown for the removal of Mr. Hastings him- self and Mr. Barwell, but that the motion was thrown out by a large majority. Influenced by the general opposition he witnessed of both Directors and Government to Mr. Hastings' cause, Colonel Macleane acted on the power entrusted to him, and presented Mr. Hastings' resignation. Accordingly, on the 18th of June, in 1777, despatches arrived at Calcutta from England, announcing the acceptance by the Directors of Mr. Hastings' resignation, and appointing Mr. Wheler to fill his place. An effort was immediately made by General Cluvering and Mr. Francis to act upon these letters, and they declared Mr. Hastings to have vacated his office. But Mr. Hastings was now recovering the power in the Council to which his superiority of office intitled him. As early as May, 1775, he had written to withdraw from Colonel Macleane the powers he had given him ; and he now refused to be bound by his exercise of them. Appeal was made to the only power in Calcutta capable of determining the legality of the INTRODUCTION. XXXI question at issue, and the Judges of the Supreme Court decided it in Mr. Hastings' favour. Henceforward the ascendancy in the Council, and consequent supremacy in the government of the country, became more and more secured in his hands. In November of the same year, 1777, the death of General Clavering reduced still further the strength of the opposition, once so overwhelming ; and, finally, in 1780, his quarrels with Mr. Francis resulted in a duel, in which the latter was severely wounded, and so much affected in his health as to be obliged, a few months after- wards, to return to England. Mr. Hastings signalised his recovery of power by the direct reversal of measures which had been adopted by the Council. He applied himself to measures for re-establishing the finances of the country ; and, freeing his mind to the consideration of the great events in progress or impending in the subordinate Presidencies, he entered into designs for enlarging and establishing the dominions of the Company in the Carnatic and in Bombay. But, though liberated from the restraint hitherto imposed Proceedings on him by his subordinates in office, Mr. Hastings even- ment - tually discovered that the contest he had carried on at his own Council Board was to be renewed elsewhere, and under circumstances more threatening to his peace of mind and reputation. Affairs in India had continued to attract increasing attention from the Legislature. The charter of the Company was shortly to expire ; and it was universally felt that the time was come for such an adjustment of its future constitution as should put it in a measure under the control of the King's ministers. Meanwhile, successive acts were passed from 1778 to 1781, continuing the Company's privileges from year to year, the subject being not fully ripe for legisla- tion. In all these acts it was provided that no change should take place in the persons forming the Governor General and Council of Calcutta. Other circumstances concurred to brino: the affairs of India under the notice of Parliament. XXX11 INTRODUCTION. Petitions were received from many quarters against the pretensions of the Supreme Court of Judicature; and on the 12th of February, 1781, a Select Committee was appointed to take into consideration the administration of justice in the Bengal Presidency. Mr. Burke was a member of this Committee. On the 30th of April, 178!, a Secret Committee was appointed to inquire into the origin of the war in the Carnatic, and into the state of the British possessions on the coasts. This Committee was presided over by Mr. Henry Dundas, Lord Advocate of Scotland, By both of these Committees searching inquiries were instituted, and several reports presented to the House, accompanied with copies of numerous and important docu- ments. Moreover, they both considered it within the limits of their instructions to investigate the circumstances con- nected with Mr. Hastings' resignation, and reported un- favourably respecting that transaction. The resignation of Lord North occurred in March, 1782, and was followed by the accession of the Marquess of Hock- ingham, who was himself an early patron of Mr. Hastings. Mr. Burke, who had been private secretary to the Marquess uring his first ministry, Avas now attached to the govern- ment by the office of Paymaster of the forces. The suspicions he had long ago conceived of abuses in the government of India had been strengthened by the in- vestigations of the Committee, of which he had procured the appointment, and in the proceedings of which he had taken an active part. His disapproval of Mr. Hastings' conduct had grown into determined hostility, much inflamed it is 'said, by the representations of his kinsman William Burke, * agent for the Raja of Tanjore, as well as of Mr. Francis, recently returned from India. Earnest in his object of effecting a thorough reformation of the system of government in India, he threatened resignation unless the new ministers consented to adopt his views; * Macknight's Life of Burke, vol. ii. p. 423. INTRODUCTION. XXXlii and the weight of the government was turned against Mr. Hastings in the proceedings which quickly ensued.* On the 5th of April, 1782, Mr. Dundas, Lord Advocate of Scotland, moved for a Committee of the whole House to consider the reports of the Secret Committee on Indian affairs, of which he was chairman ; and on the 10th of the same month a similar motion was made by the chairman of the Select Committee. On the 15th and 25th of April, Mr. Dundas read a series of resolutions, one hundred and twelve in number, reflecting on the course of government in the three Presidencies, and especially condemning the schemes of conquest and en- largement of dominions of the Company entered into by Mr. Hastings, and recommending his recall. The portion of these resolutions relating to the government of Bengal were not put to vote ; but those impugning the conduct of Sir Thomas Runibold, President of Madras, were moved and carried on the 29th of April. On the 30th of May, Mr. Dundas moved a resolution, that it was the duty of the Directors to recall Mr. Hastings and Mr. Hornby, President of the Council of Bombay, on the ground of their having " acted in a manner repugnant to the honour and policy of this nation, and thereby brought great calamities on India," and carried the motion. The Directors, in obedience to the sense of the House, resolved that Mr. Hastings should be recalled ; but, referring their order to a General Court of Proprietors for confirmation, it was by a large majority rescinded. On the 14th of April, in the following session, in moving for leave to bring in a bill for reforming the government of India, Mr. Dundas again proposed the recall of Mr. Hast- ings ; but no further steps were taken by the House. On the 25th of the same month, in a debate on the bill to empower the East India Company to borrow money, Mr. Burke made a powerful speech, principally directed * Gleig's Memoirs of Warren Hastings, vol. ii. p. 474. C XXXI V INTRODUCTION. against Mr. Hastings, and denouncing him as " the grand delinquent of all India;" and, in answer to a speech of Governor Johnstone, in Mr. Hasting's defence, he pledged himself " that he would bring to justice, as far as in him lay, the greatest delinquent that India ever saw." Meantime the Marquess of Rockingham had died, and had been succeeded in the ministry by Lord Shelburne, who resigned on the 5th of April, 1783. The coalition ministry of Mr. Fox and Lord North succeeded ; and was terminated by the failure in the House of Lords of the famous bill for remodelling the government of the East India Com- pany, introduced and passed through the Commons by Mr. Fox. A new ministry was formed under Mr. Pitt, who, after a dissolution, succeeded in passing an act, in August, 1784, for the better government of the East India Company, the principal feature of which was the institution of a Board of Control, to be chosen by the Crown. , In moving for leave to introduce his bill, on the 18th of November, 1783, Mr. Fox had complained of the conduct of the East India Proprietors in opposing the expressed wish of the House on the subject of Mr. Hastings' recall, and, in the latter part of this speech, had gone through the principal instances of misgovernment and oppression he charged him with, in reference to his treatment of Cheyt Sing and the Begums of Oude,and to the Kohilla and Mahratta wars. In a subsequent debate on the same bill, on the 1st of December, Mr. Burke renewed his charges against Mr. Hastings, and complained that the East India Pro- prietors had, since the beginning of the session, " again made it a request to their favourite and your culprit to keep his post, and thanked and applauded him." But the engrossment of parties in the general question of reform of the Company prevented any further special proceedings against individuals serving in India : and an attempt of Mr. Burke, on the 30th of July, 1784, to obtain a vote of the House for the production of papers relative to the treatment of the ministers of the Begums of Oude was INTRODUCTION. XXXV resisted by Mr. Pitt, and high encomiums were passed by Ministers on the government of Mr. Hastings. In the session following the passing of the new India bill, a disposition was shown to return to the course com- menced in the session of 1782 ; and, on the 20th of June, 1785, Mr. Burke gave notice, "that he would at a future day make a motion respecting the conduct of a gentleman just returned from India." The reference was of course to Mr. Hastings, who had at length voluntarily resigned his office, and had arrived in England a few days previous to the motion. The session was at its close ; and it is possible that the - pressure of other more vital affairs, or party considerations, ment - might have occasioned a postponement or abandonment of the threatened prosecution. But Mr. Hastings himself and his friends were now impatient to bring to a final issue the question between him and his accusers. On the very first day of the session of 1786, Major Scott, the authorised and devoted agent of Mr. Hastings, rose in the House, and reminded Mr. Burke of his notice of motion of the preceding session, calling on him to name a day for redeem- ing his pledge. The challenge was accepted, and on the 17th of February Mr. Burke opened the subject by causing the vote of censure passed on Mr. Hastings in 1782 to be read, and recommended, should an inquiry satisfy the House of the truth of the charges produced, that they should proceed to an impeachment. As a preliminary to the inquiry he moved, " That copies of all correspondence since the month of January, 1782. between Warren Hastings, Esq., Governor General of Bengal, and the court of Directors, as well before as since the return of the said Governor General, relative to presents and other money particularly received by the said Governor General, be laid before this House." On several succeeding days Mr. Burke moved for a great variety of other papers bearing on the proposed charges; but, on the 3d of March, was resisted by Mr. Pitt and Mr. Dundas, in a motion for papers relating to the treaty c *>, XXXVI INTRODUCTION. of peace with the Malirattas, on the ground of their approval of the treaty, and was defeated by majorities of two to one in two divisions forced upon the House on the question. On the 4th of April, Mr. Burke charged Mr. Hastings with " sundry high crimes and misdemeanors," and produced the nine first Articles of his charge, delivering at the table the remaining Articles, making in all twenty-two in number, in the course of the few following days. On the 26th of April, Mr. Hastings petitioned to be heard in answer to the Articles, and prayed to be allowed a copy of them. Both requests were allowed by the House, despite the opposition of Mr. Burke to the latter of the two, on the ground of the Articles being " merely a general collection of accusatory facts," subject to be hereafter ma- terially altered by the Committee to whom they would be referred. And, notwithstanding a further motion by Mr. Burke that the House should resolve itself into a Committee to examine witnesses, similarly rejected by a large majority, Mr. Hastings was heard in his defence at the Bar of the House on the 1st of May and two following days. The Defence was prepared in writing, and read partly by Mr. Has- tings himself, and partly by Mr. Markhain, a son of the Archbishop of York, and the clerks of the House. It was afterwards ordered to be laid on the table of the House, and to be printed. Mr. Burke suffered little time to be lost in prosecuting the charges. He himself, on the 1st of June, brought forward the first Article, relating to the war against the Rohillas, moving that it contained " grounds sufficient to charge Mr. Hastings with high crimes and misdemeanors." After a debate of two days' duration, and in which Mr. Dundas and Mr. Wilberforce spoke against it, the motion was negatived by 119 to 67, the division taking place at half-past seven in the morning. On the 13th of June, the second Article, relating to Be- nares, was opened by Mr. Fox ; and, to the consternation of Mr. Hastings' friends, the Prime Minister, Mr. Pitt, contrary INTRODUCTION. XXXVii to the expectation of them and the House in general, spoke in support of the charge, though, in respect to much of the transaction, justifying Mr. Hastings' conduct. Notwith- standing that some of the Ministers declined following their chief, the motion was carried by a majority of 119 to 79. No further proceedings were taken during the remainder of this session. On the first day of the meeting of the House in 1787, Mr. Burke announced his intention of re- suming the introduction of the several Articles of charge on the 1st of the following month. Accordingly, on the 1st of February, Mr. Middleton was called before the House in Com- mittee, to give evidence relating to the circumstances con- tained in the charge relating to Oude ; and on the 7th of the same month the charge itself was moved by Mr. Sheridan, in that famous speech of which nothing but a short abstract has been preserved, but which, according to the opinion of the principal members on either side of the House, eclipsed all previous displays of eloquence ever made within their Avails. From the excitement it produced it was judged right to adjourn the debate. On the following day it was resumed. The motion was supported by Mr. Pitt, and was carried by 175 to 68. Mr. Burke's object was now secured. The impeachment of Warren Hastings was assented to by the House of Commons. On the 19th of February, in a debate on the mode of proceeding in the case, Mr. Burke complained of Mr. Hastings being at liberty after the votes already passed affirming his criminality. But the severity proposed was objected to by Mr. Pitt. The remaining Articles were discussed, and, on the 2d of April, the report of the Committee on the Articles of Charge was brought up. The next step in the pi'oceedings was the appointment of a Committee to draw tip special Articles of impeachment. On the presentation of the name of Mr. Francis, objection was made to his nomination on the ground of his alleged XXXviii INTRODUCTION. personal hostility to the person accused, and he was rejected by a majority of 96 to 44. On the 9th of May, the Articles which had been brought up from the Committee on the 25th of April were debated on, and, on the 10th, a vote for impeachment was carried without a division. Mr. Burke, accompanied by the members of the House of Commons, proceeded to the bar of the House of Lords, and formally impeached Warren Hastings, Esquire, of High Crimes and Misdemeanors. On the llth of May, Mr. Hastings was committed to the custody of the Serjeant-at-arms ; and, on the 23d, the Ser- jeant-at-arms intimated that he had, in obedience to the commands of the House, delivered Mr. Hastings to the Gentleman Usher of the Black Rod. On the 5th of December, a copy was received from the Lords of the Answer delivered at the bar of their House by Mr. Hastings to the Articles exhibited against him by the Commons. The answer was read, and a reply was drawn up by a Committee, from which again Mr. Francis was excluded by a special vote. On the llth, the Committee who had drawn up the reply to Mr. Hastings' answer were appointed Managers of the prosecution. On this occasion, too, a motion was made for the introduction of the name of Mr. Francis, but was rejected by a majority of 120 to 52.* The names of the Committee of Managers were, Right Hon. Edmund Burke, Right Hon. C. J. Fox, R. B. Sheridan, Hon. T. Pelham, afterwards second Earl of Chichester, Right Hon. W. Windham, Sir Gilbert Elliott, Bart., Charles Grey, afterwards Earl Grey, William Adam, Sir John Anstruther, M. A. Taylor, James Viscount Maitland, afterwards Earl of Lauderdale, Dudley Long, * When Mr. Burke found he -was not to have the assistance of Mr. Francis, he declared, " in the presence of God and of the world, that he looked upon the business of the impeachment as damned, seeing he was deprived of the assis- tance of the man who, of all persons, was, from local knowledge, the best qualified to assist in the undertaking. He said he would proceed, however, let the event be what it would." History of the Trial, 8vo,, 1796 ; Pref. p. 13. INTRODUCTION. XXXIX General J. Burgoyne, Hon. George A. North, afterwards Earl of Guilford, Hon. Andrew St. John, Colonel Fitzpatrick, Roger Wilbraham, John Courtenay, Sir James Erskine, afterwards St. Clair, Bart., and Right Hon. Fred. Montagu. The preliminary proceedings concluded by Mr. Hastings being brought to the bar of the House of Lords, and admitted to bail. The commencement of the trial was appointed for the second day of the ensuing session. The Counsel retained by the Managers were Dr. Scott and Dr, Laurence, with Mr. Mansfield, Mr. Piggott, Mr. Richard Burke (brother of the Manager), and Mr. Douglas. The Counsel retained by Mr. Hastings were Mr. Law, after- wards Lord Ellenborough, Mr. Plumer, afterwards Vice- Chancellor of England and Master of the Rolls, and Mr. Dallas, afterwards Chief Justice of the Common Pleas. The Solicitors for the Prosecution were Messrs. Wallis and Troward. Mr. Shaw acted for Mr. Hastings. By request from the House of Lords to the King, Westminster Hall was fitted up for the trial ; the body of the Hall being occupied with a wooden structure for the purpose. The Court was so arranged as to correspond exactly with the House of Lords. A throne was erected to represent the presence of the King, and was occupied by the Lord Chancellor. Places were allotted to the members of the House of Commons, and on the opposite side were seats for the Peeresses. Boxes were erected, one on either side the throne, for the accommodation of the King, should he desire to attend, with his suite, and for the Prince of Wales and royal family. The Queen, the Prince of Wales and others of the royal family, were present on the first day of the trial, the 13th of February, 1 788. The Lords went in formal procession from their House to the Hall, attended by the Judges. The proceedings opened with the usual proclamation?. Mr. Hastings appeared with his bail, and knelt before the Court. He was arraigned by the Lord Chancellor, and the Xl INTRODUCTION. Articles of Charge, the answer and replication, were then read ; in which two days were occupied. On the third day, the 15th of February, Mr. Burke opened the Prosecution in a speech which occupied four days in its delivery, and which is the first of the series comprised in the present work. The trial itself, from the opening of the proceedings to the vote of the Lords of acquittal on the last of the charges, extended over seven sessions of Parliament, from February, 1788, to April, 1795, and occupied one hundred and forty- eight sittings of the Court, together with several days' debates on the verdict on the several Articles of Charge in the House of Lords. Of the twenty articles of impeachment presented at the bar of the House of Lords only the first, second, fourth, sixth, and portions of the seventh and fourteenth, relating to Benares, the Begums of Oude, to presents or bribes, and to contracts, were proceeded on. In the course of the trial many points of constitutional law and precedent were evolved, occasioning long arguments on either side, and frequent adjournments of the Lords to their own House for their consideration. Of these, and of other incidents of the trial, it appears unadvisable to attempt to give a narrative in this Introduction. A complete history of the proceed- ings was published at the time by Debrett, and has been regarded as accurate and impartial.* It extends to consi- derable length, forming an octavo volume of nearly eight hundred pages of double column. Scheme of The present publication has been undertaken by the publication. authority of the late Government, at the suggestion of the then Chancellor of the Exchequer, Sir George Cornewall Lewis. The scheme of the work embraces the speeches of the Managers for the House of Commons, in opening and sup- * A condensed history of the trial, yet occupying two hundred pages of his work, is given by Mill in his History of British India, book vi., chapter 2. Au excellent review of the proceedings will also be found in Adolphus' History of England, vol. vi., p. 138. . INTRODUCTION. . xli porting the several Articles of Charge, and in summing up the evidence ; the answers of the Counsel for the Defence ; and the replies of '. lv to Sir Elijah Impey, 642; Affected ignorance of Mr. Hastings' order to seize the treasures, 643; Letter of Middleton of the 6th December, 644; Difference in proposals contained in the two letters, 645 ; Probability of instructions from Mr. Hastings of the 1st December, ib.; Subsequent hesitation of Middleton, 646; His correspondence with Sir Elijah Impey, 647; His persuasion of the Nawab to order the resumption of the jagirs, 648 ; Letter of Mr. Hastings urging Middleton to prosecute the seizure of the treasures, 649 ; Attempt of Mr. Hastings to absolve himself from responsibility, 651 ; Answer of Middleton to Mr. Hastings, ib. ; Accompanied by a private letter con- tradicting it, 652; Other letters of Middleton, 654; Suppres- sion of a letter from Mr. Hastings to the Begum, 656 ; Letter of Mr. Hastings to Middleton disapproving his forbearance, 657. CONCLUSION OP THE SPEECH OF RICHARD BRINSLEY SHERIDAN, ESQ., MANAGER FOR THE HOUSE OF COMMONS, IN SUMMING UP THE EVIDENCE ox THE SECOND ARTICLE OF CHARGE, RELATING TO THE BEGUMS OF OuDE ', 13TH JUNE, 1788. Explanation of the production of the private letters between Mr. Hastings and Middleton, 659; Mr. Hastings suspicious of Middle- ton, 660 ; He recalls Middleton, 661 ; Complaint against him at the Board, 662 ; The private letters produced by Mr. Hastings to support his accusation, ib. ; Their value as evidence, 663 ; Original orders for seizing the treasures subsequent to private orders for resuming the jagirs, 664 ; Letter of Middleton written with a view to justify the resumption of the jagirs, ib. ; Falsehood of Mr. Hastings' account of the transaction, 665; Dissection of Middleton's public letter of the 27th Dec., 666 ; Rebellion desired by Mr. Hastings to justify the seizure of the jagirs, 669 ; Suggestion of Middleton for the seizure of Fyzula Khan's jagir, 670; Private correspondence between Sir Elijah Impey and Middleton, 671 ; Assertion of Sir Elijah Impey of ignorance respecting the affidavits, after his return to Chunar, 672 ; Private letter of Middleton to Mr. Hastings, dissuading him from the seizure of the jagirs, ib. ; Letter of Johnson to the same effect, 675 ; Angry letter from Mr. Hastings to Middleton, 677 ; And to the Nawab, 678 ; Order for march of troops into the country, ib. ; Submission of the Xa\vab, 679 ; Correspondence of Mid- dleton with the Begum respecting the resumption of her jagir, 681 ; Letter of the Xawab to Middleton, 685; Letter of the Begum to Mr. Hastings, 486 ; His answer to the Begum not produced, 688 : Validity of the private letters as evidence, ib. ; Baseness of instigating filial violence, 689 ; Violation of engage- ment to the Begum for an equivalent to her jagir, 691 ; Pre- tended sale of her goods, 692 ; Imprisonment of her ministers, ib. ; Attempt to fasten on the Begum fresh debts to the Com- pany, 693 ; Assertion of Mr. Hastings that the transactions were just and honourable, 694 ; Extortion of money from the Begums by cruelties practised upon her ministers, 696 ; Ill-treatment of the Begums, 702; Sufferings of the women in the Khourd Mahal, 705 ; Responsibility of Mr. Hastings, 707 ; Middleton CONTENTS OF THE SPEECHES. the express agent of Mr. Hastings, 709 ; Severities ordered by Mr. Hastings, 711; Forbearance of Middleton reproved by Mr. Hastings, 71-; Order of Mr. Hastings to dissuade the Nawab from a settlement with the Begums, 714; Answer of Middleton to Mr. Hastings' accusation of forbearance, ib. ; In- formation from Bristow to Mr. Hastings of the sufferings of the women in the Khourd Mahal, 71"; Release of the ministers by Bristow, ib. ; Suppression by Mr. Hastings of inquiry ordered by the Directors, 717; His attempt to include the Council in the responsibility, 7 IB; His proceedings concealed from the Council, 712; Letters of the Council to the Directors, ib. ; Forged date to Mr. Hastings' Narrative of the Insurrection of Benares, 7-0 ; Falsehoods in the Narrative, ib. ; Deliberacy of his guilt, 7^3 ; Stifling of inquiry, ib. ; Resumption of the jagirs disapproved by the Directors, 724 ; Inquiry moved for at the Council Board, 725 ; Proposed by Mr. Hastings, 726 ; Conclusion, 728. SPEECHES TRIAL OP WAEEEN HASTINGS, ESQ. SPEECH OF THE RT. HON. EDMUND BURKE, MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE IMPEACHMENT ; 15 FEBRUARY, 1788. MY LORDS, The gentlemen who have it in command to support the impeachment against Mr. Hastings, late Governor General of Bengal, have directed me to open a general view of the grounds upon which the Commons have proceeded in their charge against him; to open a general view of the extent, the magnitude, the nature, the tendency and effect, of the crimes with which they have charged him ; and they have also directed me to give such an explanation, as, with their aid, I may be enabled to give, of such circumstances, preceding or concomitant with the crimes with which they charge him, as may tend to explain whatever may be found obscure in the charges as they stand. And they have further commanded me, and enabled me I hope and trust, to give to your Lordships such an explanation of anything in the laws, customs, opinions and manners, of the people concerned, and who are the objects of the crimes with which they charge him, as may tend to remove all doubt and ambiguity from the minds of your Lordships upon these subjects. The several Articles, as they appear before you, will be opened by the other gentlemen with more distinctness, and without doubt with infinitely more particularity, when they come to apply the evidence that they adduce to each charge. This Opening of the Impeachment: Unanimity Houses secution. 15 FE&.1788. i s the plan, my Lords, that we mean to pursue on the great charge which is now before your Lordships. My Lords, I confess that in this business I come before y ur Lordships with a considerable degree of animation, because I think it is a most auspicious circumstance in a prosecution like this, in which the honour of this kingdom and that of many nations is involved, that from the commence- ment of our preliminary process to the hour of this solemn trial, not the smallest difference of opinion has arisen between the two houses. My Lords, there were persons who, looking rather upon what was to be found in the journals of Parlia- ment than what was to be expected from the public justice of Parliament, had formed hopes consolatory to them and unfavourable to us. There were persons who entertained hopes that the corruptions of India should have escaped amongst the dissensions of Parliament: but they are dis- appointed. They will be disappointed in all the rest of their expectations which they had formed upon everything except the merits of the cause. The Commons will not have the melancholy and unsocial glory of having acted a right part in an imperfect work. What the greatest inquest of the nation has begun, its highest tribunal will accomplish. Justice will be done to India. It is true your Lordships will have your full share in this great and glorious work ; but we shall always consider that any honour that is divided with your Lordships will be more than doubled to ourselves. My Lords, I must confess that, amongst all these encourag- ing prospects, the Commons do not approach your Lordships' importance bar without some considerable degree of anxiety. I hope and of trust that the magnitude of the interests which we have in nan ^ w iU reconcile some degree of solicitude for the event with the undoubting confidence with which we repose ourselves upon your Lordships' justice. For we are so made, my Lords, that it is not only the greatness of the danger but the value of the stake that excites our concern in every undertaking ; and I do assure your Lordships for I am authorised to say it that no standard is sufficient to esti- mate the value which the Commons set upon the fate of the ca s e which they now bring before yon. For, my Lords, cannot be conceived God forbid that it should be conceived. that the business of this day is the business of this man. The question is, not solely whether the prisoner at the bar be found innocent or be found guilty, but whether millions of mankind shall be miserable or happy. You do not decide Speech of Mr. Burke. & the case only ; you fix a rule. For your Lordships will undoubtedly see, in the course of this cause, that there is not only a long, connected, systematic, course of misdemeanours, but an equally connected system of maxims and principles invented to justify them, upon which your Lordships must judge. It is according to the judgment that you shall pro- nounce upon the past transactions of India, connected with those principles, that the whole rule, tenure, tendency and character, of our future government in India is to be finally decided My Lords, it will take its course and work its whole impression from the business of this hour. My Lords, The credit it is not only the interest of a great empire which is concerned, oftheem" r which is now a most considerable part of the British empire, cernSf" but, my Lords, the credit and honour of the British nation will themselves be decided by this decision. My Lords, they will stand or fall thereby. We are to decide by the case of this gentleman whether the crimes of individuals are to be turned into public guilt and national ignominy, or whether this nation will convert these offences, which have thrown a transient shade on its glory, into a judgment that will reflect a permanent lustre on the honour, justice and humanity, of this kingdom. My Lords, there is another consideration which has caused Theconsti- solicitude to the Commons, equal to those other two great ^rt interests that are affected I mean the interest of our trial by im- empire in India and the interest of the national character something that if possible comes more home to the hearts and feelings of every Englishman I mean the nature of our constitution itself, which is deeply involved in the event of this cause. For the consequence and purport of an impeach- ment for high crimes and misdemeanours before the Peers of this kingdom, upon a charge of the Commons, will very much be decided by your decision. For, my Lords, if this tribunal should be found, as I hope it will always be found, too great for trifling and petty causes ; if it should at the same time be found incompetent to one of the greatest which can come before you ; if the lesser from their smallness escape you, and the greatest from their magnitude oppress you : it is impossible that the high end of this judicature can be answered. My Lords, I do not know whether it is owing to the polish Rarity of of our times, less fertile perhaps in great offences than those p^hnie' that have gone before us, or whether it is from a sluggish for abuse of i i.'ii Tiiii T IT- authority. apathy which has dulled and enervated public justice 1 am A 2 4 Opening of the Impeachment ; 15 FEB. 1788. not called upon to determine, but, whatever the cause is, it is now sixty-three years since any impeachment, grounded on an abuse of authority and misdemeanour in office, has been brought before this tribunal. The last that I recollect is that of Lord Macclesfield in the year 1725.* So that the oldest process known to the constitution of this country has now upon its revival some appearance of novelty. And at this time, when all Europe is perhaps in a state of great agita- tion, when antiquity has lost all its effect and reverence on the minds of men, and when novelty still retains the sus- picions that always will be attached to novelty, we have been very anxious indeed, in a business like this, so to conduct ourselves that nothing in the revival of this great parliamentary process should afford an excuse for its future value and disuse. Whatever does not stand Avith credit cannot stand ptriai a by long ; and if the constitution should be deprived I mean not tnent? h i n form, but virtually of this resource, we should certainly be deprived of all its other valuable parts ; because this is the cement which binds it all together, this is the individuat- ing principle that makes England what England is. This it is by which the magistracy and all other things are direct- ed, and must be tried and controlled. It is by this tribunal that statesmen who abuse their power are tried before states- men and by statesmen, upon solid principles of state mora- lity. It is here that those who by an abuse of power have polluted the spirit of all laws can never hope for the least protection from any of its forms. It is here that those who have refused to conform themselves to the protection of law can never hope to escape through any of its defects. Your Lordships have great and plenary powers ; you do not super- sede, you do not annihilate, any subordinate jurisdictions ; on the contrary you are auxiliary and supplemental to them all. Here it is that no subject in any part of the empire can be refused justice. Here it is that we provide for that which is the great, substantial, excellence of our constitution I mean, that great circulation of responsibility, by which, excepting the supreme power, no man in any condition can escape his responsibility to the laws of his country. Moderation My Lords, impressed as we were with the weight and con- oftheCom- ',. r , ,, .. ,. & . . inonsinin- sequence of this mode of parliamentary proceeding, resolving thc'prosccu- to lay hold on this great security, the Commons have con- tion. * See a " Report from the Lords' Committee appointed to examine Precedents relative to the State of the Impeachment against Warren Hastings, Esquire." Ordered to be printed 19th April, 1791. Speech of Mr. Burke. 5 ducted themselves with such care, without losing the spirit is FEB. 178S. and zeal of a public prosecution they have comported them- selves in this prosecution with such moderation, with such temper and such decorum, as would not ill become the final judgment if with them rested the final judgment of this great cause. My Lords, we say that, with very few interruptions indeed, the affairs of India have constantly engaged the attention of the House of Commons for more than fourteen years. We say that we tried every method of legislative provision before we had recourse to anything that was a mode of punishment. We say, my Lords, that we came forward in the year 1774 and passed an act for putting an end to these disorders. Finding that that act of Parliament did not answer all the ends that were expected from it finding that that act of Parliament fell short of our expectations we had in the year 1782 recourse to a body of monitory resolutions. But when we found that our laws, when we found that our admonitions were despised, that enormities were increased in proportion to what was to be effected ; when we found that legal authority seemed to skulk and conceal its head like outlawed guilt ; when we found that those who were appointed by Parliament to assert the authority [of the laws] of this kingdom were the most forward and most active in opposition to them ; then it was time for the justice of the nation to exert itself. To have forborne any longer would not have been patience, but collusion a participation in guilt, and [making ourselves] almost parties with the crimi- nal. When we found ourselves in that situation, we raised heaven and earth on the occasion ; we attempted everything in order to know whether we could find and feel our way, if possible, to avoid a painful duty without betraying a sacred ' trust. My Lords, we found it impossible. Having therefore resolved on the mode of appeal and proceeding, it was our next business to find something that was worthy of long deliberation. We have proceeded accordingly. We have proceeded with calm selection ; and we have chosen we trust it will appear to your Lordships such a crime, such a criminal, such a body of evidence, such a mode of process, as would have recommended this proceed- ing to posterity, even if it had not been supported by the example of our ancestors. First, to speak of the process which we use. Besides that The process long previous deliberation of fourteen years, when we examined n1yasaiast 6 Opening of the Impeachment : 15FEB.K88. every circumstance that could prove favourable to the delin- quent whom we resolved to prosecute, there was no precedent to be found in the journals favourable to him that was not applied to ; and a number of things utterly unknown to former parliamentary proceedings, which seemed in some degree to favour the party that was to be prosecuted, were resorted to on that occasion. My Lords, in the early stage of the proceedings the criminal desired to be heard. My Lords, he was heard ; and he produced before the bar of the House of Commons that indecent and unbecoming paper which lies on our table, deliberately given in by his own hand and signed with his own name.* But, my Lords, the Commons passed by every- thing in that paper with a magnanimity that became them. They considered that the facts he alluded to must be main- tained ; and, having used all manner of previous deliberation, having given a large scope, even beyond former proceedings of Parliament, to everything that could be said and every- thing that could be suggested in his favour, then we pro- ceeded with confidence to your Lordships' bar. So far as to the process ; which, though I mentioned it last in the line of order in which I stated things, I thought it best to despatch first. Nature and My Lords, in the next place I observe, with respect to the magnitude .',.,' . , of the crime, crime which we chose, we chose one winch we contemplated in its nature, with all its circumstances, with all its exte- nuations, and with all its aggravations ; and, on that review, we are bold to say that the crimes with which we charge the prisoner at the bar are substantial crimes ; that they are no errors or mistakes, such as wise and good men might possibly fall into. They are crimes, my Lords truly, and properly, and emphatically, crimes. The Commons are too liberal not to allow for the difficulties of a great and arduous public situation. They know too well that domineering necessities will frequently occur in all great affairs. They know that the exigencies of a great occasion, in its preci- pitate career, do not give time to have recourse to fixed principles, but that they oblige men frequently to decide in a manner that calmer reason would certainly have rejected. We know that, as we are to be served by men, the persons * Hastings' answer to Burke's articles of impeachment was read by him before the House of Commons on the 1st and 2nd of May, 1786. He obtained leave to lay his minutes of defence on the table of the house, and they were subsequently ordered to be printed. Speech of Mr. Burke. 7 who serve us must be tried as men, and that there is a very ISFEB.ITSS. large allowance indeed due to human infirmity and human error. This, my Lords, we knew and had weighed before we came to your Lordships' bar. But the crimes which we charge in these Articles are not the lapses and defects and errors of common human nature- and frailty, such as we know and feel, and can allow for. They are crimes which have their rise in the wicked dispositions of men ; they are crimes that have their rise in avarice, rapacity, pride, cruelty, ferocity, malignity of temper, haughtiness, insolence ; in short, my Lords, in everything that manifests a heart black- ened to the very blackest a heart dyed deep in blackness a heart corrupted, vitiated and gangrened, to the very core. If we do not plant the crimes that we charge [him with in] those vices which the breast of man is made to abhor and its laws to protect against, we desire no longer to be heard on this occasion. Let everything be pleaded that can be pleaded on the score of error and infirmity ; we give up the whole. We stand on crimes that were crimes of delibe- ration. We charge him with nothing that he did not commit upon deliberation, that he did not commit against remon- strance. We charge him with nothing that he did not commit against command. We charge him with nothing that he did not commit contrary to the advice, contrary to the admonition and reprimand, of those who were authorised by the laws to reprove and reprimand him. They were crimes, not against forms, but against those eternal laws of justice \vhich you are assembled here to assert ; which forms are made to support and not to supersede in any instance whatever. They were, not in formal and technical language, but in real and absolute effect, high crimes and misde- meanours. So far as to the crimes. Now as to the criminal. We Character of have not chosen to bring before you a poor, puny, trembling na?. cnmi " delinquent, misled perhaps by the example of those who ought to have kept him in awe, and afterwards oppressed by their power, in order to make his punishment the means of screening the greater offences of those that were above him. We have not brought before your Lordships one of those poor, obscure, offenders, in an inferior situation, who, when his insignificance and weakness are weighed against the power of the prosecution, gives even to public justice some- thing of the appearance of oppression. No, my Lords; we have brought before your Lordships the first man in rank, 8 Opening of the Impeachment: is FEB. 1788. authority and station. We have brought before you the head, the chief, the captain-general in iniquity one in whom all the frauds, all the peculations, all the violence, all the tyranny, in India are embodied, disciplined and arrayed. This is the person, my Lords, that we bring before you. Then, if we have brought before you such a person, if you strike at him you will not have need of a great many more examples : you strike at the whole corps if you strike at the head. Nature of My Lords, so far as to the crime, and so far as to the to e be V pro- lce criminal. Now, my Lords, I shall say a few words relative to the evidence that we have to bring to support such a charge, and which we think will be equal to the charge itself. And we say that the evidence that we have determined to bring before you is evidence of record, of weighty, official, authentic, record, and signed by the hand of the criminal himself in many instances. We have to bring before you his own letters, authenticated by his own hand. We shall bring before you also numbers of oral living witnesses, com- petent to speak to the points to which they are brought This, my Lords, we are ready to bring before you ; and I trust that the evidence will be found such as cannot leave the least doubt in your minds of the facts. And when you consider them, when the facts are proved, I believe, from their nature and effects, you can have no dxmbt of their criminality. My Lords, when we consider the late enormous power of the prisoner, when we consider his criminal and indefati- gable assiduity in the destruction of evidence, when we con- sider the power that he had over all testimony, I believe your Lordships, and I believe the world, will be astonished that so much, so clear, so solid, and so conclusive, a body of evidence has been obtained against him. My Lords, this I say, that I have no doubt that in nine instances out of ten it would satisfy the narrow precision which is supposed to pre- vail, and which really does prevail to a degree, in all subord- inate and delegated jurisdictions. But your Lordships will maintain, what we assert and claim as the right of the subjects of Great Britain, that you are not bound by any rules what- ever, except those of natural, immutable and substantial, justice. God forbid that the Commons should come before your Lordships, and desire that anything should be received as proof which is not in its own nature adapted to prove the matter in question ! God forbid that they should do so ! for Speech of Mr. Burke. 9 they would then overturn the very principles of that justice 15 FEB. ITSS. which they resort to your Lordships to obtain in favour of their constituents, and in favour of the people of India ; they would be giving an evil example, that would redound to their own injury and bring mischief upon the heads of themselves and all their posterity. God forbid, on the other hand, that your Lordships should ever reject evidence on any pretended nicety ! which I am sure you will not. I have too much confidence in the learning with which you will be advised, and the liberality and the nobleness of the sentiments with which you were born, to suspect, in the smallest degree, that you would, by any abuse of the forms and technical course of proceedings, deny justice to so great a part of the world that claims it at your hand. For your Lordships always had a- boundless power I mean, always w r ithin the limits of justice. Your Lordships always had a boundless power and unlimited jurisdiction. You have now a boundless object. It is not Greatness of from this country or the other, from this district or the fore^erciL other, that relief is applied for, but from whole tribes of j[ c t t ^ 1 |'^ s " suffering nations various descriptions of men, differing in the House, language, in manners and in rights men separated by every means from you. However, by the providence of God, they are come here to supplicate justice at your Lordships' bar ; and I hope and trust that there will be no rule, formed upon municipal maxims, which will prevent the imperial justice which you owe to the people that call to you from all parts of a great, disjointed, empire. Situated as this kingdom is an object, thank God ! of envy to the rest of the world for its greatness and its power its conduct, in that very elevated situation to which it has arisen, will undoubtedly be scrutinised. It is well known that great wealth has poured into this country from India ; and it is no derogation to us to suppose the possibility of being cor- rupted by that by which great empires have been corrupted, and by which assemblies almost as respectable and venerable as your Lordships' have been known to be indirectly shaken. My Lords, when I say that forty millions of money have Necessity of come from India to England, we ought to take great care f^hfsTcor- that corruption does not follow ; and w r e may venture to say S^tSe that the best way to secure a man's reputation is, not by a Y ealth , i ^ n c 1.1- -L ^ i T drawn from proud defiance ot public opinion, but by guiding one s actions India, in such a way as that public opinion may afterwards and not previously be defied. In such a situation, it is necessary that nothing in your Lordships' proceedings should appear to 10 Opening of the Impeachment : Public re- ports of the probability of justice being evaded by niceties of law. is FEB. 1788. have the slightest trace, the faintest odour, of chicane God forbid that, when you try the cause of Asia in the presence of Europe, there should be the least suspicion that the cause of Asia is not as good with you, because the abuse is com- mitted by a British subject ! that it should be supposed that that narrow partiality, so destructive of justice, should guide us, that a British subject in power should have rights which are denied to our humble allies, to our detached dependents, to those who, at such a distance, depend upon the breath of British justice and have deprived themselves of every other resource under heaven ! My Lords, I do not say this from any fear, doubt or hesita- tion, as to what your Lordships will do none in the world. God forbid I should ! But I say it on account of what you all know, what is disseminated abroad among the public that those who cannot defend themselves upon their merits and their actions may defend themselves behind those fences and intrenchments that are made to secure the liberty of the people ; that power and the abusers of power should cover themselves by those things which were made to secure liberty. But God forbid it should be bruited abroad that the laws of England are for the rich and the powerful ; but that for the poor, the miserable and defenceless, they afford no resource at all ! God forbid it should be said that we in this kingdom know how to confer the most extravagant and inordinate power upon public ministers, but that we are poor, helpless, deficient and impotent, in the means of calling them to account for it ! God forbid it should be said that no nation under heaven equals the British in substantial violence and in formal justice ! It shall never be said and I trust that this cause will put an end to all conjectures of that kind, which have been disseminated with so much industry through this kingdom, and through foreign nations too that, in order to cover our connivance and participation in guilt, and our common share in the plunder of the East, we have invented a set of scholastic distinctions, abhorrent to the general sentiments of mankind, by which we are to deny ourselves the knowledge of all that the rest of the world knows, and what so gre.it a part of the world both knows and feels. God forbid any appearance of that kind ! I do not deprecate it from any suspicion of the House ; but I deprecate it from knowing that hitherto we have moved within the circle of municipal justice. I am afraid of moving within that circle. It may be suspected that we should endeavour to force Speech of Mr. Burke. 11 nature into that, and not endeavour to enlarge the circle of is FEB. ires, justice to the necessities of the empire that we have obtained. This is the only thing which does create any doubt or difficulty in the minds of the people. But if such a thing should happen, in my humble opinion it would be better a thousand times to give the short answer the Dey of Algiers gave to a British ambassador, representing the rest of the British merchants, " My friend," says he, as related by Dr. Shaw, " do not you know that my subjects are a band of robbers, and that I am their captain ?"* Better far it would be a thousand times more manly than an hypocritical process which, under a pretended reverence to punctilious ceremonies and observances of law, abandons mankind without help and resource to all the desolating consequences of arbitrary power. No, my Lords, I have not the least suspicion that such a thing will or can prevail in this House, nor prevail in this kingdom. Your Lordships will exercise the great plenary powers with which you are invested in a manner that will do honour to your justice, to the protecting justice of this kingdom, to the great people who are subjected to it. It shall not be squared by any rules, but by their necessities, and by that law of common justice which cements them to us and us to them. No, my Lords, I do not think though such opinions have been spread abroad, and been spread abroad thus, because many persons have observed at the Old Bailey and many subordinate tribunals that great criminals have sometimes escaped, acquitted and stigmatised that they who have no hope at all in the justice of their cause can have any hope that, by some subtleties of form, some mode of pleading, by something, in short, different from the merits of the cause, they may prevail. Your Lordships, as well as I, are abundantly apprised of those reports that have been spread abroad with such uncommon industry ; but which have only got abroad to be defeated and entirely overturned by the humanity, simplicity, dignity and nobleness, of your Lordships' justice. Having said all that I mean to say and am instructed to say concerning the process that the House of Commons have * " For the answer that was once made by the Dey to consul Cole, on his complaining of the injuries which the British vessels had met with from his cruisers, must always be looked upon as fair and ingenuous. ' The Algerines,' says he, ' are a company of rogues, and I am their captain.' " Travels or Obser- vations relating to several 1'arts of Barbury and the Levant. By THOMAS SHAW, D.D. 2nd edition. London, 4to. 1757, p. 257. 12 Opening of the Impeachment: 15 FEB. 1783. used, concerning the crime that they have chosen for prose- cution, concerning the criminal upon whom they attach the crime, and concerning the evidence which they mean to pro- duce, I must observe that they feel this day no want of evidence in the cause to satisfy any measure or any mode of justice that shall be chosen. What I have said I mean rather as a protest relative to any future cause from India that may come before you. objects of I am now, my Lords, to proceed to open the charge. I hope the present , . J _ - L . . address. and trust that your Lordships will be so good as to suppose that the business which falls to my share, which is rather explanation of the circumstances than inforcement of the crime, is not a thing that occurs every day in the ordinary round of municipal affairs; that it has relation to many things, that it touches many points, in many places, which are wholly removed from the ordinary beaten orbit of our English business. In other affairs every allusion immediately meets its point of reference ; nothing can be started that does not immediately waken your attention to something of your own laws which you meet with every day in the ordinary transactions of life : but here you are caught as it were into another world ; here you are to have the way pioneered before you. Your Lordships will see the absolute necessity there is of having an explanation of every part of it. As it is new, the business must be explained ; as it is intricate as well as new, that explanation can be but comparatively short : and therefore, knowing you to be possessed, along with all other judicial virtues, of the first and foundation of them all, judicial patience, I hope and trust that your Lordships will not grudge a few hours to the explanation of that which has cost the Commons fourteen years assiduous application to acquire that your Lordships will not disdain a few hours to what has cost the people of India upwards of thirty years of their innate, inveterate, hereditary, patience to endure. Derivation MV Lords, the powers which Mr. Hastings is charged with of powers of , . J , , , , u u Zi T-< the East having abused are the powers delegated to him by the East India Com- j n( ]i a Company. The East India Company itself acts under two sorts of powers, derived from two sources. The first source of its power is under a charter which the Crown was authorised by act of Parliament to grant.* The next is from * The East India Company was founded, under the title of " The Governor and Company of Merchants of London trading into the East Indies," by royal charter, dated the 31st of December, 1600. Speech of Mr. Burke. 13 several grants and charters indeed, as well as that great fun- damental charter which it derived from the Emperor of the Moguls, the person with whose dominions they are chiefly conversant; particularly the great charter by which they acquired the high stewardship of the kingdoms of Bengal, Behar and Orissa, in 1765. Under those two charters they act. As to the first, it is from that charter that they derive the capacity by which they can be considered as a public body at all, or capable of any public function : it is from thence they acquire the capacity to take any other charter, to acquire any other offices, or to hold any other possessions. This being the root and origin of their power, it makes them responsible to the party from whom that power is derived. As they have emanated from the supreme power of this king- dom, they themselves are responsible their body as a corpo- rate body, themselves as individuals and the whole body and train of their servants are responsible, to the high justice of this kingdom. In delegating great power to the India Company, this kingdom has not released its sovereignty. On the contrary, its responsibility is increased by the greatness and sacredness of the power given. For this power they are and must be responsible ; and I hope this day your Lordships will show that this nation never did give a power without imposing a proportionable degree of responsibility. As to the other power, which they derived from the Mogul Power re- , . J , J , , ceivedfrom empire by various charters from that crown, and par- the Mogul ticularly by the charter of 1765, by which they obtained Emperor ' the office of lord high steward, as I said, or diwnn, of the kingdoms of Bengal, Behar and Orissa, by that charter they bound themselves, and bound inclusively all their servants, to perform all the duties belonging to that new office. And by the ties belonging to that new relation they were bound to observe the laws, rights, usages and customs, of the natives, and to pursue their benefit in all things ; which was the nature, institution and purpose, of the office which they received. If the power of the sovereign from whom they derived these powers should be by any misfortune in human affairs annihilated or suspended, the duty to the people below, which they acquired under his charter, is not suspended, is not annihilated, but remains in all its force ; and, for the responsibility, they are thrown back upon that country from whence their original power, and along with it their responsibility, both emanated in one and the same act. For when the Company acquired that ] 4> Opening of the Impeachment : io FEB. 1788. office in India, an English corporation became an integral part of the Mogul empire When Great Britain assented to that grant virtually, and afterwards took advantage of it, Great Britain made a virtual act of union with that country, by which they bound themselves as securities for their sub- jects, to preserve the people in all rights, laws and liberties, which their natural original sovereign was bound to inforce, if he had been in a condition to inforce it. So that the two duties flowing from two different sources are now united in one, and come to have justice called for them at the bar of this House, before the supreme royal justice of this king- dom, from whence originally their powers were derived. It may be a little necessary, when we are stating the powers they have derived from their charter, and which we state Mr. Hastings to have abused, to state, in as short and ns comprehensive words as I can (for the matter is large indeed) what the constitution of the Company is, and parti- cularly what its constitution is in reference to its Indian service ; where the great theatre of the abuse was situated, and where those abuses were committed. Constitu- Your Lordships will recollect that the East India Coin- Company? pany and therefore I shall spare you a long history of that, hoping and trusting that your Lordships will think it is not to inform you, but to revive circumstances in your memory, that I enter into this detail the East India Company had its origin about the latter end of the reign of Elizabeth, a period when all sorts of companies, inventions and monopolies, were in fashion. And at that time the Company was sent out with large, extensive, powers for increasing the commerce and the honour of this country : for to increase its commerce with- out increasing its honour and reputation would have been thought at that time, and will be thought now, a bad bargain for the country. But their powers were under that charter confined merely to commercial affairs. By degrees, as the theatre of the operation was distant, as its intercourse was with many great, some barbarous, and all of them armed nations, where not only the sovereign but the subjects were also armed in all places, it was found necessary to enlarge their powers. The first power they obtained was a power of naval discipline in their ships a power which has been since dropped. The next was a power of law martial. The next was a power of civil, and to a degree of criminal, jurisdiction within their own factory, within their own settlements, over their own people and their own servants. The next was Speech of Mr. Burke. 15 and there was a stretch indeed the power of peace and war ; those great, high, prerogatives of sovereignty which never were known before to be parted with to any subjects. But Their sove- those high sovereign powers were given to the East India mgn P wer - Company. So that when it had acquired them all, which it did about the end of the reign of Charles the Second,* the East India Company did not seem to be merely a company formed for the extension of the British commerce, but in reality a delegation of the whole power and sovereignty of this kingdom sent into the East. In that light the Company began undoubtedly to be considered, and ought to be consi- dered, as a subordinate sovereign power ; that is, sovereign with regard to the objects which it touched, subordinate with regard to the power from whence this great trust was derived. When the East India Company once appeared in that light, things happened to it totally different from what has happened in all other ordinary affairs, and from what has happened in all the remote mysteries of politicians, or been dreamed of in the world. For, in all other countries, a political body that acts as a commonwealth is first settled, and trade follows as a neces- sary consequence of the protection obtained by political power. But here the affair was reversed : the constitution of the Company began in commerce and ended in empire ; and where powers of peace and war are given, it wants but time and circumstance to make this supersede every other, and the affairs of commerce fall into their proper rank and situation. And accordingly it did happen that, the possession and power of assertion of these great authorities coinciding with? the improved state of Europe, with the improved state of arts and the improved state of laws, and (what is much more material) the improved state of military discipline ; that coinciding with the general fall of Asia, with the relaxation and dissolution of its governments, with the fall of its war- like spirit, and the total disuse almost of all parts of military discipline ; those coinciding, the India Company became what it is, a great empire carrying on subordinately under * The power of making peace or war with any prince or people " not Christians " was conferred on the Company by Charles the Second, in the first year of his restoration. The date of th- charter is 3rd . v pril, 1661. In the year 1 698 a second and distinct company was incorporated by Parliament, by the name of " The General Society of Traders to the East Indies." The two com- - panics were united in the year 1702, and were completely incorporated in 1708. 16 Opening of the Impeachment : is FEBj.788. the public authority a great commerce ; it became that thing which was supposed by the Roman law so unsuitable the same power was a trader, the same power was a Lord. In this situation, the India Company, however, still pre- served traces of its original mercantile character, and the whole exterior order of its service is still carried on upon a mercantile plan and mercantile principles : in fact, it is a state in the disguise of a merchant, a great public office in the disguise of a counting-house. Accordingly the whole order and series, as I observed, is commercial ; while the principal, inward, real, part of the Company is entirely political. Accordingly the Company's service of which the order and discipline is necessary to be explained to your Lordships, that you may see in what manner the abuses have affected it is commercial. Order and I n the first place, all the persons who go abroad in the discipline of ,~ , r . i i i ' the Compa- Company s service enter as clerks in the counting-house, lce> and are called by a name to correspond to it writers. In that condition they are obliged to serve five years. The next step is that of a factor, in which they are obliged to serve three years. The next step they take is that of a junior merchant, in which they are obliged to serve three years more. Then they become a senior merchant, which is the highest stage of advance in the Company's service, as a rank by which they had pretensions, before the year 1774, to the Council, to the succession of the Presidency, and to whatever other honours the Company has to bestow. There- fore the Company followed this idea in the particulars of their service; having originally established factories in certain places, which factories by degrees grew to the name of Presidencies and Council, in proportion as the power and influence of the Company increased, and as the political began to predominate over the mercantile. And so it con- tinued till the year 1773, when the legislature broke in, for proper reasons urging them to it, upon that order of the service, and appointed to the superior part persons who were not intitled to it however some might have been by the course and order of service, such as Mr. Hastings was. But, whatever title they had from thence, their [legal] title was derived from* an express act of Parliament, nominating them to that Presidency. In all other respects, the whole course of the service denominated by act of Parliament * " the title they derived was from," &c. MS. Speech of Mr. Burke. 17 does remain upon that footing that is, a commercial is FEB. uss. footing. Your Lordships see here a regular system, a regular order, a regular course of gradation, which requires eleven years before persons can arrive at the highest trusts and situations in the Company's service. You will therefore be utterly astonished when you know that, after so long a service and -so long a probrtion was required, things very different have happened, and that in a much shorter time persons have been seen returning* to this kingdom with great and affluent fortunes. It will be necessary for you to consider, and it will Order of the be a great part of your inquiry, when we come before you brokeTi to substantiate evidence against Mr. Hastings, to know how that order came to be broken down completely, so that scarce a trace of it for any good purpose remains. For, though I will not deny that any order in a state may be superseded by the presidency, when any great parts and talents upon superior exigencies are called forth, yet I must say the order of that service was formed upon wise prin- ciples. It gave the persons who were put in that course of probation an opportunity, if circumstances enabled them, of acquiring experience ; it gave those w T ho watched them a constant inspection upon them in all their progress ; it gave them the necessity of acquiring a character in proportion to their standing, that all they had gained by years should not be lost by misconduct. It was a great, substantial, regula- tion fit to be observed ; but scarcely a trace of it remains to be discovered. For Mr. Hastings first broke through that service by making offices which had no reference to grada- tion, but which were superior in profit to those which the highest gradation might have acquired. He established whole systems of offices, and especially the systems of offices established in 1781, which being new none of the rules of gradation applied to them, and he filled them in such a manner as suited best his own views and purposes ; so that in effect the whole of that order, whatever merit was in it, was by him broken down and subverted. The consequence was that persons in the most immature stages of life have been put to conduct affairs which required the greatest maturity of judgment and the greatest possible temper and moderation ; and effects consequent have followed upon " you have seen persons returning," &c. MS. B service. 18 Opening of the Impeachment : i5FEB.i788.it. So far with respect to that order of the Company service. Peculiar!- My Lords, I must remark, before I go farther, that there is. Company^ something peculiar in the service of the East India Company, and different from that of any oilier nation that has ever transferred its power from one country to another. The East India Company in India is not the Bvitish nation. When the Tartars entered into China and into Hindustan when all the Goths and Vandals entered into Europe when the Normans came into England they came as a nation. The Company in India does not exist as a nation. Nobody can go there that does not go in its service. Therefore the English nation in India is nothing but a seminary for the succession of officers. They are a nation of place-men. They are a republic, a commonwealth, without a people. They are a state made up wholly of magistrates. The consequence of which is, that there is no people to control, to watch, to balance against, the power of office. The power of office, so far as the English nation is concerned, is the sole power in the country. There is no corrective upon it whatever. The consequence of which is, that, being a kingdom of magistrates,, the esprit da corps is strong in ii; the spirit of the body by which they consider themselves as having a common interest, and a common interest separated both from the country that sent them out and from the country in which they are, and where there is no control by persons who understand their language, w r ho understand their manners, or can apply their conduct to the laws of the country. Such control does not exist in India. Therefore confederacy is easy, and hss been general among them ; and therefore your Lordships are not to expect that that should happen in such a body which never happened in the world in any body or corporation, namely, that they should ever be a proper check and control upon themselves : it is not in the nature of things. There is a monopoly with an esprit du corps at home, called the India Company, and there is an esprit du corps abroad ; and both those systems are united into one body, animated with the same spirit, that is, with the corporate spirit, which never was a spirit which corrected itself in any time or circumstance in the world, and which is such a thing as has not happened to the Moors, to the Portuguese, to the Romans to go to any old or new examples. It has not happened in any one time or circumstance in the world, except in this. And out of that has issued a series of abuses, at the head of which Speech of Mr. Burke. 19 Mr. Hastings has put himself, against the authority of the 15 FEB. nss. East India Company at home and every authority in this country. My Lords, the next circumstance is an;l which is curious Emoiu- too that the emoluments of office do not in any degree cor- facelnot respond with the trust. For, under the name of junior mer- with nd ~ chant, and senior merchant, and writer, and those other little their impor- . , | names of a counting-house, you have great magistrates ; you have the administrators of revenues truly royal ; you have judges civil, and in a great degree criminal, who pass judg- ments upon the greatest properties of the country. You have all these under these names ; and the emoluments that belong to them are so weak, so inadequate to the dignity of the character, that it is impossible I may say of that service that it is absolutely impossible for the subordinate parts of it to exist, to hope to exist, as Englishmen who look at their home as their ultimate resource to exist in a state of incorruption. In that service the rule that prevails in many other countries is reversed. In other countries, often the greatest situations are attended with but little emoluments ; because g'ory, fame, reputation, the love, the tears of joy, the honest applause of their country, pay those great and weighty labours which in great situations are sometimes required from the commonwealth ; but all other countries pay in money what cannot be paid in fame and reputation. But it is the reverse with the India Company. All the subordinate parts of the gradation are officers, who, notwithstanding the weight and importance of the offices and dignities entrusted to them, are miserably provided for ; and the heads, the chiefs, have great emoluments, securing them against every mode of temptation. And this is the thing Mr. Hastings has abused. He was at the head of the service, He has corrupted his hands and sullied his government with Mr. Hast- bribes. He has used oppression and tyranny in the place ot irgs ' legal government ; and, instead of endeavouring to find honest, honourable and adequate, rewards for the persons who served the public, he has left them to prey upon it with- out the smallest degree of control. He has neither supplied nor taken care to supply, with that unbounded licence which he used over the public revenues, an honest scale of emolu- ments, suited to the vastness of the power given to the Company's service. He has not employed the public revenue for that purpose ; but has left them at large to prey upon the country, and find themselves emoluments as they could. E 2 20 Opening of the Impeachment: 15 FEB. 1788. Temptation of officers to plunder. Youth of persons employed. Junior ser- vants exer- cise judicial powers. These are the defects of that service. There is no honest emolument, in much the greater part of it, correspondent to the nature and answerable to the expectations of the people who serve. There is an unbounded licence in almost all other respects ; and, as one of the honestest and ablest ser- vants of the Company said to me, it resembled the service of the Mahrattas little pay, but unbounded licence to plunder. This is the pay of the Company's service ; a service opened to all dishonest emolument, shut up to all things that are honest and fair. I do not say that the salaries would not sound well here ; but when you consider the nature of the trusts, the dignity of the situation, whatever the name of it. is, the powers that are granted, and the hopes that every man has of establishing himself at home, it is a source of infinite grievance, of infinite abuse ; and we charge Mr. Hastings, instead of stopping up, instead of endeavouring to regulate, instead of endeavouring to correct, so grievous and enormous an error, with having increased every part of it. My Lords, the next circumstance which distinguishes the East India Company is the youth of the persons who are employed in the system of that service. They have almost universally been sent out at that period of life, to begin their progress and career in active life and in the use of power, which in all other places has been employed in the course of a rigid education. They have been sent there in fact to put it in a few words with a perilous independence, with too inordinate expectations, and with boundless power. They are schoolboys without tutors; they are minors without guardians. The world is let loose upon them with all its temptations ; and they are let loose upon the world, with all the powers that despotism can give. This is the situation of the Company's servants. There is one thing that is remarkable. They are to exer- cise what your Lordships are now exercising high judicial powers without the smallest study of any law, either general or municipal. It is made a rule in the service, a rule con- firmed even by the attempts that were made to regulate it I mean confirmed by Sir Elijah Impey, when he undertook to be legislator for India that the judicial character, which is the last in study and the last in professional experience, that to which all professional men ultimately look up, is the first experimental situation of a Company's servant ; and it is expressly said that the office and situation of a judge are to be filled by the junior servants of the Company. And, as Speech of Mr. Burke. 21 the emolument is not equal to that of other situations, the judicial service is to be taken as in transitu as a passage to other things ; and, as soon as a man has supplied the defects of his education by the advantage of experience, he is imme- diately translated to another situation, and another young man is sent there to learn, at the expense of the properties of India, to fill a situation which he is not to fill.* So with regard to the other situations. They arc the situations . . ' 1*1 ii, 11 T rcquinnir situations of great statesmen, which undoubtedly, according the training to the practice of the world, require rather a large converse ufenf te with men, to fill properly, and much intercourse in life, than the study of books though that has its eminent service. We know too that, in the habits of civilised life, in cultivated society, there is imbibed by men a good deal of the solid practice of government, of the true maxims of state, and everything that enables a man to serve his country. But these men are sent over to exercise functions at which a statesman here would tremble, without any study, without any of that sort of experience which forms men gradually and insensibly to great affairs. These men are sent over to India without maturity, without experience, without knowledge or habits in cultivated life, to perform such functions as I will venture to say the greatest statesmen are hardly equal to. Mr. Hastings has himself, in his Defence before the House Mr.Hast- of Commons, and in the Defences he has made before your im%rfect f Lordships, lamented his own situation in this particular. It ancUx- ' 1 was much to be lamented indeed. How far it wiil form a pcrieuce. justification for his conduct, when we come to examine that conduct, will be seen ; how far it will furnish either extenu- ation or palliation will likewise be seen. But so is the fact, and so we must lament it, that the servants of the Company are sent out young, are sent out with incompetent emoluments, are sent out to a body that forms them into an esprit du corps ; sent out in that situation without any control upon them, without that which is the best thing in education, discipline, restraint, order and subordination, which are education, and all the rest of it are but subordinate to this great point. My Lords, by means of this bad system of things it has so happened, and does happen, that the very laws we have made, the covenants the Company has got its servants to Covenants enter into, and the orders that have been given, have proved, wit* * " which, when he maj- be qualified to fill, he is no longer to hold.'' Revised copy. Company. 22 Opening of the Impeachment : 15 PEB. 1783. Orders against unlawful emolu- ments. How used by Mr. Hastings to obtain power over his subordi- nates. as tilings have turned out, most noxious and mischievous to the country, instead of beneficial. For the servants of the Company are obliged, when they enter into the service, to enter into it, not only with the general duty which attaches upon all servants, but they enter into a specific covenant with their masters to perform all the duties described in that cove- nant, under heavy penalties. They are bound by them ; and at every step of their progress, from writer to factor, from factor to junior merchant, and from junior merchant to senior merchant, they are bound to renew these covenants by something I speak without offence which may be said to resemble confirmation ni the church. They are obliged to renew their obligation. This covenant would have been wise and proper if it had been enforced. The orders of the Com- pany have forbidden them to take any unlawful emoluments. The act of Parliament has fulminated against them. What is the consequence ? The consequence is that, there being clear, positive laws, clear, positive covenants, and positive engagements having no exception of circumstances in them or difference quoad majus et minus, but every one who offends against the law being liable to the law, he who has taken but one penny of unlawful emolument and all have taken many pennies of unlawful emolument dare not complain of the most abandoned extortion and cruel oppression ; and he who has taken a penny to do a good act is obliged to be silent when he sees whole nations desolated about him. The great criminal has the laws in his hand ; he is always able to prove the small offence and crush the person entirely who has com- mitted it. In consequence of which, Mr. Hastings has not only obtained a vast power by this grand defect in the Com- pany's service, but by distributing liberally the emoluments of the Company, and by making it impossible for any man to rise but through his favour, he has such a hold of corruption that he has linked it, got it bound above, below, and on all sides about him, by one common participation and connivance. And accordingly he has had no complaint from the service against him. He states it as one of his merits that there has been no such complaint. No such complaint can exist. The esprit du corps forbids it, in which an informer is the most odious and detestable of all characters, and is hunted down, and has always been hunted down, as a common enemy of the common profit. He cannot do it ; because as nobody is free from small offences, the great offender can always crush the small one. And accordingly, what is singular, if you ex- Speech of Mr. Burke. 23 . araine the correspondence of Mr. Hastings, you would imagine, 15 FEB. nss. from many expressions very deliberately us?d by him, that the Company's service was made out of the very filth and dregs of mankind, the most degenerate public body that ever existed in the world; but, if you examine his conduct towards them, you would imagine he had lived in the specu- lative schemes of visionary perfection. He was fourteen years at the head of that service, and there is not one single instance in which he endeavoured to detect corruption, in which he ever attempted to punish it ; but the whole service with that whole mass of enormity slept, as it were, at once under his terror and his protection his protection if they did not dare to move against him, his terror, [from his power]* to pluck out individuals and make a public example of them whenever he pleased. And therefore the first thing to be observed is, that it Confederacy i . ,. . m corrup- is a service or confederacy, a. service or connivance, a tion.. service of various systems of guilt, of which Mr. Hastings was the head, protector and conniver. Not only as protector and conniver, but we shall prove to your Lordships that, when the Company were driven by shame not by incli- nation, but by shame to order several prosecutions against the delinquents, Mr. Hastings, not satisfied with the general General connivance, directly contrary to the duty of his office, and directly contrary to the express and positive law of the iU^,. court of Directors, which law Parliament had bound upon him as his duty not satisfied with that connivance, before he went away passed a general pardon, which he was not authorised to give, and at once ordered the whole body of the prosecutions of the Company to be discharged. Then, having had fourteen years' connivance, and then a general Mr. Hast- release of all charges and actions of the Company being support v< ven by usurpation, fraud and madness, in him, he now tio^pn^r- " puts himself at the head, and expects the support of ru P tion< that body which he fully discharged from all prosecutions. You will find in the course of this business that, whenever, by means that have been fortunately used but unfortunately stopped, these charges have been brought against him of any bribery, corruption or malversation, his point has been never to answer one word to that bribery, corruption, malversation, but to inquire of the whole service whether there was any one man in it that would give him an ill word. He is just * Revised copy. 24 Opening of the Impeachment : 15 FEE. 1788. in that situation in which he may well call witnesses to his character ; but he will find himself utterly incapable of justifying his conduct. So far with regard to that part of the service. My Lords, there is another part of the service which I really omitted, but whether I should put it first or last I must confess I am at some loss to decide ; because, though it appears to be the lowest part of the service, it is by far the most considerable and the most efficient; without a full con- sideration and explanation of which, no part hardly of the conduct of Mr. Hastings, and of many others that may t)e in his situation, can be well understood. I have given you an account of writers, factors, merchants, who exercise the offices of judges, chancellors, ministers of state, and chan- cellors of the exchequer, and managers of great revenues. I have given you some description of them. But there, is another description of men, whether in the Company's service or not, that is of more importance than them all ; that is, a description of character you have often read of, but which c , ha j; acter of has not been sufficiently explained I mean the character of the banyas, , -i r\ > ,1-1 or native a banya. When the Company s service was nothing but mercantile, and they were utterly unacquainted with the country, they used the intervention of certain factors among the natives, who were called banyas. We called them so. They were of the tribe or caste of the vaisyas* or merchants, the Indians being distributed into tribes ; and the English employed them as their factors in their dealing in the country; and the name still continues when the functions of the banyas have become totally different. A banya has other names too. He is called diwan or steward : and indeed that is a term with more propriety applied to him in several of the func- tions which he occupies. He is by his office the steward of the household of every European gentleman, and has the care, management and ordering, of his servants. He is a domestic servant. He is generally chosen out of that class of natives Avho, by being habituated to misery and subjection, can submit to any orders, and are fit for any of the basest services. Having been themselves subject to oppression, they are fitted perfectly for that is the true education to oppress others. They serve an apprenticeship of servitude to qualify them for the trade of tyranny. They are persons without whom an European can do nothing. They know, * The third primitive caste of the Hindus, exercising trade and agriculture. Speech of Mr. Burke. 25 they themselves being trained in that way, all the ways, all the little frauds, all the defensive armour, all the artifices and contrivances, by which abject slavery secures itself against the violence of power. They know all the lurking-holes, all the winding recesses, of the unfortunate ; and they hunt out distress and misery even to their last retreats. They know the way they have suffered themselves and far from being taught by these sufferings to abstain, they have only learned the way of afflicting others. Without them, Europeans, with Their ser- all their pompous names with all their consideration, are pc^bie'to nothing. The moment a Company's servant comes there Europeans. and they have the best intelligence of what is done at home that class of people immediately make application to the gentleman who comes to India. They take possession of him, as if he were their inheritance. They have knowledge of the country ; they have money ; and they have the arts of making money. The gentleman who comes from home has none of them: he has nothing but s : mplicity; he has nothing but a desire of wealth, great indigence, and a disposition to relieve himself. These banyas have all : they have money, and a knowledge of the country ; and they know the means of acquiring wealth. Accordingly they take possession ofEviiexer- him ; and it is much to be lamented that they do continue a tneliMnflu- tyranny not only over the people but over the master, who cuce ' does nothing but give them the ticket of his name. So that the man is connected and supported by an European who is well supported at home, and from that moment forward it is not the Englishman, but ii; is the black banya, that is the master. He keeps the Englishman alive. We know how young men are sent out of this country. We know how happy we are soon to know they are no longer a burden to their friends and parents, but are in a situation of thriving. The banya knows it too. He supplies him with money. But the chief way in which he is paid is the use of his master's name and power ; and thus he goes into the country with a commission in his hand which nothing can resist. This banya thus empowered has not only the people under his subjection, but his master also. The way he has him Their power under his subjection is this he has that dreadful power over European him which every creditor has over his debtor. The master is master - no longer a master ; he is the tool in the hands of this man. Actions the most abhorrent to his nature he must see done before his face and thousands and thousands worse are done in his absence and he dare not complain of them. The 26 Opening of the Impeachment: I.-, FEB. 1783. banya extorts, robs, murders, and gives him what proportion of [the spoil] he pleases. If he should murmur at him, the very power that was sent over to protect the people of England, the very laws of England the very best things being perverted when put into situations not fit for them the very laws of England, which make the recovery of debts more easy, give ten thousand times more power to the banya over his master ; and the court [of justice] becomes a col- lateral security for that abominable tyranny, executed over Europeans as well as natives. So that, while we are here boasting of British power, we are, in more than half the service, nothing but the inferior tools and miserable instruments of the tyranny which the lower part of the natives exercise, to the disgrace of the British power and to the ruin of all that is respectable among their own countrymen. They have sub- verted the first houses ; totally ruined and undone the country ; cheated and defrauded the revenue ; and kept people in India under a miserable state of beggary ; until something or other has relieved them from this servitude. Which is the true reason that the Company's servants in India, in order to free themselves from this horrid and atrocious servitude, are obliged to become the tools of men in power to get some office that may enable them to make money to pay their debts, or to be the tools of Mr. Hastings. Their caste. It is true that these people were originally the lowest castes in the country ; but, after seeing the profit which these men make, and that there is neither power, profession nor occu- pation, to be had that a reputable person could have, men born to better things, men of higher castes, have thrown themselves into that disgraceful servitude, have become menial servants to Englishmen, that they might rise by their degradation. But they have prostituted their integrity; they have equally lost their character ; and there is no difference between the best and the worst. Confirma- My Lords, this system Mr. Hastings has confirmed, estab- systemby' lished, increased, and made the instrument of the greatest h[ r s Hast " tyranny that ever was exercised, of the basest peculations, and the most scandalous and iniquitous extortions upon the country. You must distinguish this situation which I have described of the banyas, of the servants in subordinate situations, from that of the banyas who are such to persons in higher authority. In that case the banya is in subordina- tion, because he can be ruined by his superior ; whereas he can always ruin his nominal superior in the other case. Speech of Mr. Burke, 27 Mr. Hastings has brought forward his banya ; seated him in the houses of the principal nobility ; invested him with revenues, His promo and given him enormous jobs. He has put him over the banya! 1 ' 13 heads of the nobility, who really, for their grandeur, antiquity and dignity, might almost be matched with your Lordships. He has put him over their heads; made him the supreme judge even of that very caste in which they exist ; and he has under him, and by him, and by banyas of various kinds, confirmed that power in such a way as will require, not only great justice upon him, but great and wise provisions to pre- vent the growth of that evil in future. Such is that first or last I do not know which to call it order in the Company's service, called a banya. Your Lordships will see hereafter the necessity of describing, in the opening of this case, the situation of a banya. You will see that no Englishman, properly speaking, acts by himself; that he must be made responsible for that person called his banya, for the power he either uses under him or the power he has acquired over him ; that these are the people through whom all bribery, peculation, extortion, is practised with impunity ; Localise they escape, in the night of their complexion and situation, the inquiry that a white man dare not stand in this country. Through the banyas he receives his bribes; through them he decides falsely against the titles of the people of the country ; through them Mr Hastings has Tyrannies exercised oppressions which, I will venture to say, in his own lir. r Halt- b> name, in his own character, daring as he is and he is the b n a ^^ TOUBh most daring criminal that ever existed he dare never have entered into. Therefore we shall show you that, both for the sake of robbing with more force, with the stronger hand, and at the same time for concealing that robbery, most of his iniquities have been done through these banyas ; and that he is not satisfied with one of them, but has had one, two, three, others ; not confiding his secrets to Europeans, and hardly any two of them knowing the secrets of each other. This is the system of banyaism and of concealment which Mr. Hastings, instead of eradicating out of the service, has propagated by example, by support and by abuses, in the most monstrous way in which power can be abused. My Lords, having mentioned these circumstances of the constitution of the Company's service from beginning to end, I now shall mention to your Lordships one mercantile con- Excellence stitution of the Company, so great, so excellent, so perfect, tfieTo^utu- that I will venture to say that human wisdom has never company. 28 Opening of the Impeachment : 15 FEB. 1783. exceeded it, and that it was part of the guardianship, not only of the East India Company, but of all the powers of this country. It does so happen that there the counting-house gave lessons to the state ; and it will always happen that, if you can apply the regulations which private wisdom makes for private interest to the concerns of the state, you will then find that active, awakened and enlightened, principle of self-interest has contrived a better system of things for the guard of that interest than the droning wisdom of people looking for good out of themselves I mean for the greater part of mankind ever contrived for the public. And there- fore I repeat it, that the regulations made by mercantile men for their mercantile interest, when they have been able, as in this case, to be applied to the discipline and order of the state, have produced a discipline and order which no state should be ashamed to copy, and without which such a state cannot exist. It is perhaps the best contrivance that ever has been thought of by the wit of man for the government of a remote, large, disjointed, empire. For merchants, having factors abroad in distant parts of the world, have obliged them to carry out a minuteness and strictness of corre- spondence which no state has ever used with regard to its Their go- public ministers. And accordingly the Company has made one l of cn it a fundamental part of their constitution that their whole rceors " their expenditure, but it gave them no mean method of knowing the characters of their servants, their capacities, their ways of thinking, the turn and bias of their minds ; so that that happened (if this were well used) to the East India Company which never happened to the chief of a remote government before, that in the most remote part of the world, and with reference to the minutest parts of their service, it was in the power of a man sitting in London to form an accurate judgment of everything that happened upon the Ganges. And the use of this was not only in discovering what the nature, character and capacity, of their servants was, but it found a means of detecting their wickedness, and of proving it too, and of giving evidence and testimony of it under their own hands. For your Lordships will observe that in all evil practices no uniform method of proceeding will serve. Innocence is plain, direct and simple ; guilt is a crooked thing. The job of iniquity to-day may be covered by specious reasons ; but, when the job of iniquity to-morrow comes, the reasons that support the job of to-day expose the iniquity of to-morrow. The man falls into contradiction, * The -writer quoted is probably J. Z. Holwell. 30 Opening of the Impeachment : The system subverted by Mr. Hastings. is FEB. 1788. prevarication, confusion; and this hastens his detection. This is the method by which these things can come to be discovered. They see that the same false, specious, reasons will not serve for different kinds and degrees of guilt ; and the resource of one moment becomes the destruction of the vice of another. Besides, they have not time to corrupt the records. They are drawn out of their hands ; they are in Europe ; they are the records of the Company ; perhaps before Parliament- -before they have time to invent an excuse for a directly contrary conduct. This is a great, a material part of the constitution of the Company ; and, as I said to your Lordships and I am not ashamed, or think it to be much apologised for, in repeating it this is the funda- mental part of the Company's service, and which, if first- preserved as it ought to be, and then used as it ought to be, would afford such a mode of governing a foreign empire as, I will venture to say, few countries possess in governing the most limited and narrow jurisdiction. This was that great fundamental institution of the Com- pany's service. Mr. Hastings subverted it and destroyed it. He first destroyed it by sending agents whom he ordered to deliver their correspondence to him, in order to be suppressed and destroyed public agents, paid by the Company and its servants. He has called upon them for their correspondence with the Company's correspondents; lie has taken it into his own hands and he has destroyed it correspondence upon the most momentous affairs. He has destroyed it by making a fatal, mischievous, distinction between public and private correspondence ; whereas the Company made none. He has said : " There are thousands of occasions in which it is not proper to divulge your private correspondence, but there is no occasion in which it is not necessary to communicate your correspondence to those who are above you/' These are the distinctions he has thought proper to make. The next way without entering into all the ways in which he has attempted to evade this regulation is, by appointing spies pnd trader-agents, who shall carry on the real state business, while there are public and ostensible agents who are not in the secret. And the correspondence of those private agents he has stopped and secreted ; and there remains nothing but the shell and husk of a dry official correspondence, which neither means anything nor was intended to mean anything. tiouof'hfs" ^" s ls the way in which he has defeated this excellent Employ- ment by Mr. Hast- ings of secret agents to conduct public bus; ness. Speech of 3Ir. Burke. 31 institution. But be has taken a mode of ("fling it by dele- gating out of his own bands the whole powers of the Company, which he was bound to execute, into hands where they were not bound to record their deliberation, where they were not record their . . ,. 11- proceedings. bound to record their assent or dissent unless they chose it, and where, as in a gulf, a most important part, as we shall prove, of the Company's transactions has been buried. And yet some precious fragmehts are left, which we ought infinitely to value, and which the nation will have reason to value, while they lament the loss of what is gone. But, if it Discovery of were not for those inestimable fragments and wrecks of the practices ' recorded government of the country which have been saved from the destruction Mr. Hastings intended for them all, all the most shameful enormities that have ever disgraced a government or can ever vex a people would only be known in this country by secret whispers and unauthenticated anecdotes ; and the most shameful actions which disgrace government and which disgrace mankind, instead of being brought before a public tribunal, might have been honoured with the highest distinctions and rewards which this country has to give ; and sordid bribery, base peculation, wretched extortion and cruel tyranny, mighl; have been invested with those sacred robes of justice before which they have now cause to tremble. Mr. Hastings, therefore, endeavouring to discredit and Refusal of , G . c , , . , , . Mr. Hast- ruin what remains or this correspondence, refuses, in his ings to be Defence to the House of Commons, in letters to the court of omfnxwd Directors, and in various acts and muniments, to be tried by his own recorded declarations by his own opinions delivered under his own hand. He knows that what reaiains of the writ- ten constitution, which he has not destroyed, is enough to de- stroy him. Therefore he resolves to invalidate it ; he refuses to be tried by it ; rejects it totally. He desires to claim a privi- lege of prevarication, a privilege of contradiction ; not only to change his conduct, but the principles of his conduct, whenever it suits his occasion. He knows that he and that record cannot exist together. But I hope your Lordships will show the destroyers of the constitution, and the destroyers of those records which are to discover iniquity, that whoever destroys the discoverer establishes the iniquity ; and that therefore your Lordships will bind him to his own declarations given under his' own hand, and that you will say to him, what was said to another person upon a less occasion by greater authority " Out of thy own mouth will I judge thee." 32 Opening of the Impeachment : 15 PEB.1788. Your Lordships shall have his own words from his own mouth to judge him for this conduct. Having gone through what I thought, and what I was instructed, might be necessary to state to your Lordships con- cerning the Company's constitution I mean, the real inside, and not the husk and shell of its constitution having stated the abuses that existed in it, having stated how Mr. Hastings endeavoured to perpetuate and increase and make use of these abuses, and how he has destroyed everything that was excellent and many things were truly excellent in that constitution having stated this, if I have strength, if your Lordships are desirous of it, if I have not wasted your time in explanation of matters that I have already acquainted you with, I shall next beg leave to state to you the abuse which he has made of the other part of the public authority, which the Company acquired over the natives, in virtue of the royal charter of the present Mogul Emperor, in the year 1766 [1765]. My Lords, it is necessary for you, that you may the better judge of the abuse Mr. Hastings has made of the powers vested in him, to know who the people are over whom he has abused those powers. This is a little out of the way, but it will be necessary for me to explain it, and I shall explain it with as much brevity as is consistent with the distinctness with which 1 mean to bring the whole before Explanatory your Lordships. And I beg to observe to you that, with matter will * . i i . i i be sup- respect to this previous matter, which is rather explana- tory than accusatorial if I may use the expression rather to explain the nature of the matter to come before you in regular charges, than as proof of the charges themselves I shall hold myself bound to support by evidence this matter, as I know there is not a word of it which is not supported. I know it is allowed to advocates, when opening a cause in a private court, to indulge themselves in a display of matter leading to the charges they intend to bring. There is a great deal of latitude allowed to them to make such a statement as they please, and they are not always called to the strictest account for the matter ; because the court, when they come to judge, sift from it such matter as is proved and is relative to the cause. But I wish your Lordships to know that, with the high opinion I have of your gravity and it is impossible for a man to conceive a higher and sensible of the weight of those I represent at this place, namely, the Commons of Great Britain, I should be sorry that any one Speech of Mr. Burke. 33 substantial fact or colour of things was alleged by me in this is FEB. 1739 place which, when called upon, I should not be ready to make good to you by proof adapted to its nature, exactly in the same way as with regard to the other matter which becomes more substantial matter in the cause. I mean to prove matter to which record is applicable by record ; that to which public opinion is applicable by public opinion ; that to which oral testimony is applicable by oral testimony ; and, last of all, that which is matter of historic proof by historic evidence. I shall hold myself bound to account for this pre- liminary explanation upon the same grounds as I shall account for the charge itself allowing for human infirmities or some slight errors or mistakes that may happen in any case. Substantial parts I think myself bound to state [prove ?]. Then, my Lords, there are two distinct people in India, totally Races of distinct from each other in characters, lives and manners, for both of whom Mr. Hastings was bound to provide equally, agreeably to the terms of the charter the Company received from the lawful governing power of the country ; which it had received at its own solicitation ; which was not forced upon it by a superior power, but given at the immediate solicitation of the principal servant belonging to the Com- pany ; accepted by the Company, and by it, I am very sorry to say, little regarded, or at least by its principal servants. The first set of people who are subjected virtually to the The Gsntus British empire, through those mediums which 1 have de- scribed to you, are the original inhabitants of Hindustan, who have inhabited in all time and beyond all the eras which we use I mean always the grand era excepted have lived and been proprietors and inhabitants of that country, with manners, religion, customs and usages, appropriate to them- selves and no ways resembling those of the rest of mankind. Those persons are commonly called Gentus. The system and principle of their government is local; their laws, their manners, their religion, are local. Their legislator, whoever he was for that is lost in the mists of a very obscure antiquity had it as the great leading principle of his policy to connect the people with their soil ; and accordingly, by one of those anomalies which time daily discovers, and which perhaps reflection would explain in the nature of man, these people, who are the softest in their manners, approaching almost to feminine, who are the most benevolent and of a larger circle of benevolence than our morals take in, who 34 Opening of the Impeachment : 15 FEB. 1788. Their repug- nance to the sea. Necessity of governing them on their own principles. Of caste. extend their benevolence to the whole animal creation these people are the most unalliable to any other part of the creation. They cannot, the highest orders of them, touch that bond which is the bond of life, and which by supporting the individual unites them, in other cases I mean con- viviality. That bond of life cannot be had with these people. And there are some circumstances relative to them that exclude them still more than I have mentioned from all immediate commerce with this nation, namely, that that very element which, while appearing to disconnect, unites man- kind I mean the sea is to them a forbidden element. None of their high castes can without great danger to his situation perhaps it is absolutely impossible to some of them ever pass the sea. If it could be truly said that a great gulf is fixed between you and them, it is that gulf created by manners, opinions and laws, radicated in the very nature of the people, and which you can never efface from them. This forbids for ever all immediate communica- tion between that country and this. And that, my Lords, makes it ten times more necessary for us to keep a strict eye upon all persons w r ho go there, and so to conduct ourselves in our proceedings with regard to the knowledge of that country and all its affairs as may be conformable to their necessities and not to our inventions ; that we, if we must govern such a country, must govern them upon their own principles and maxims and not upon ours ; that we must not think to force them to our narrow ideas, but extend ours to take in theirs ; because to say that that people shall change their maxims, lives and opinions, is what cannot be. We know that empire of opinion is, I had almost said, human nature itself. It is, however, the strongest part of human nature ; and more of the happiness and unhappiness of mankind resides in opinion than in all other external circumstances whatever. And, if it resides in us in opinion, much more does it reside in them in opinion. For sometimes our laws of religion differ from our laws of the land, sometimes our laws of the land differ from our laws of honour; but in that country the laws of religion, the laws of the land and the laws of honour, are all united and consolidated in one, and bind a man eternally to the rules of what is called his caste. I think it necessary to state to your Lordships what a caste is. These people, from the oldest time, have been distributed into various orders, all hereditary, which are called castes. These castes are the fundamental part of the constitution Speech of Mr. Burke. 35 of that commonwealth, both in their church and in their 15 FEB. nss. state. Your Lordships are born to hereditary honours in the chief of your houses ; the rest mix with the people. But in the case of the Hindus those who were born noble can never fall into any second rank. They are divided into four orders the brahmans, the chhetri, the vaisyas and the sudras. They are divided into four commonwealths. The higher cannot pass into the lower ; the lower cannot rise into the higher. They have all their appropriate rank, place and situation, and their appropriate religion too, which, though they all go under one definition of religion, yet is different in its rites and ceremonies in each of those castes; and, if a man who is in that caste which at once unites what we should call the dignity of the peerage in this country and the sanctity of episcopacy the brahmans falls out of it, he does not fall into the next order, the chhetri, the vaisyas, or the sudras, but he falls out of all ranks of society is excluded an outcast the most infamous of all mankind. These people, bound by all laws, human and divine, to circum- those principles of caste which inveterate usage has grafted affecting in them, in a manner in which no known prejudice in the caste - world has been known to exist these people are affected in their caste, not only by the crimes, the voluntary crimes, by which they may lose it, but likewise by certain involun- tary sufferings and involuntary disgraces, utterly out of their own power, which affect them in that caste which is their everything. For speak to an Indian of his caste, and you speak to him of his all; when they lose that caste they lose everything. The loss, as I said, is not only by voluntary crimes, but by the acts of other people. So that these miserable castes give one pledge more to fortune than any other nation was ever known to do. They are bound by new ties. Tyranny oppresses upon them.* And, accordingly, those who have stood imprison- ment, those who have stood whips, those who have stood tortures, those Avho have stood the menaces of death itself, without any impression, have instantly given way when it has been attempted to bring upon them any of those pollu- tions by which they lose caste. * " Tyranny is, therefore, armed against them -with a greater variety of weapons than are found in its ordinary stores." Revised copy. c 2 36 Opening of the Impeachment: 15 FEB. 1788. A menial servant ap- pointed by Mr. Hast- ings to de- cide upon castes. Hindu laws and institu- tions. Their stabi- lity. This shows us in what manner we ought to handle people so delicate in these respects. Now we shall show you that Mr. Hastings made the full use, through several of his wicked and abominable instruments in that country, chosen from the natives themselves, of not only all the wicked means of oppressing and abusing them, but striking at that which goes beyond life, which seems to affect them in other worlds. This power has been used to the destruction of that people. I shall prove that he has put his own menial domestic servant a wretch dependent a wretch ignorant a wretch vicious and corrupt the instrument of his briberies into that seat of ecclesiastical jurisdiction which was to decide upon the castes of all those people, which contained their rank, their family and honour, their happiness here and their salvation hereafter. He put his own servant to judge over them, and to get a new hold by which he brought the people under his tyranny ; and nobody dare complain of him. Accordingly he says " Who complains of me ? Who dare complain of me !" '*' No ! your menial servant has my caste in his power." I shall not trouble your Lordships with mentioning others. It was enough that Cantoo Baboo, and other names to which your Lordships are to be familiarised hereafter, had the caste and character of the people in their hands ; and by this means Mr. Hastings has taken care effectually that these people shall never complain. My Lords, I am to mention to you circumstances relative to these people. They were the original people of Hin- dustan. They are still infinitely the most numerous ; I take for granted, twenty to one. The Mussulmans are nothing like them. They are the old inhabitants of the country, and still more numerous. Whatever faults they may have, God forbid we should go to pass judgment upon people who formed their laws and institutions prior to our insect origin of yesterday ! They have two great principles which ought to be respected that is to say, great force and stability, and great, glorious and excellent, effects. Their stability has been proved by their holding on for a time and duration commensurate with all the empires which history has made us acquainted with ; and still they exist, in a green old age, with all the reverence of antiquity and with all the affection to their own institutions that other people have to novelty and change. Accordingly they have stood firm in their own country and cast their roots deep in their native soil, because they cast them nowhere else than in their native soil, and Speech of Mr. Burke. 37 fixed their opinions in their native soil, and bound them 15 FEB. i:se. together. Their religion has made no converts, their dominion no conquests ; and, in proportion as they were con- centred within and hindered from spreading abroad, they have grown to double force, and have existed against bigotry, against persecution, against all the fury of foreign conquest, and almost against the fury and avarice of the English dominion established among them. I have spoken now, my Lords, of what their principles were, and what their laws and religious institutions were, in point of force and stability. I have given an instance of their force, by the way, in a thing in which all the institutions of mankind in other respects show their weakness ; for they have shown their force in the revolutions of the state. When the country has been totally subdued, the institutions have existed ; which is a strong proof that there must be some strong, powerful, influence resulting from them beyond all our paltry means of judging of men. But the stability of them is the true test of inquiry. That form of religious Hindu reii- institution connected with government and policy that makes glon * a people happy and a government flourishing putting farther considerations out of the way, which are not now our business is undoubtedly the test of any government ; and I must appeal to the whole force of observation that, wherever the Hindu religion has been established, that country has been flourishing. We have seen some remaining to this very day. This very country I am going to mention to you is an instance of what an entire change of government and institu- tion what the rapacity of a foreign hand, rather than the paternal, lenient, protecting, arm of a native government does for the people ; and I shall quote it from a book which shows that the very destruction of all this government is the great object of the author,* and to invade with the hand of rapacity what has escaped all former ravages. The author divides the country into different provinces. He supposes what they pay to the supreme government ; he supposes what the country is capable of yielding ; and his project is to change entirely the application of the revenues of the country, and to secure the whole into the hands of government. At last he comes to the province of Burdwan. * The author quoted is Mr. Holwell. See Revised Copy. 38 Opening of the Impeachment: 15FEB.17S8. " In truth," says this author, "it would be almost cruelty to molest -7- . this happy people ; for in this district are the only vestiges of the beaut y, of < ancient >n P ur ^y piety, regularity, equity and strictness, of the ancient Hindostan Hindu go- government. Here the property as well as the liberty of the people are yernment inviolate. Here no robberies are heard of, either public or private. The ' n traveller, either with or without merchandise, becomes the immediate care of the government; which allots him guards, without any expense, to conduct him from stage to stage ; and these are accountable for the safety ajid accommodation of his person and effects. At the end of the first stage he is delivered over with certain benevolent formalities to the guards of the next, who, after interrogating the traveller as to the usage he had received in his journey, dismiss the first guard with a written certificate of their behaviour, and a receipt for the traveller and his effects ; which certificate or receipt is returnable to the commanding officer of the first stage, who registers the same and regularly reports it to the Raja. In this form the traveller is passed through the country. And if he only passes he is not suffered to be at any expense for food, accommodation, or carriage for his merchandise or baggage. But it is otherwise if he is permitted to make any residence in one place above three days, unless occasioned by sickness or any unavoidable accident. If anything is lost in this district for instance, a bag of money or other valuable the person who finds it hangs it upon the next tree, and gives notice to the nearest chauki or place of guard ; the officer of which orders immediate publica- tion of the same by beat of tom-tom or drum." Now, my Lords, this is the state of things which universally prevailed throughout that whole empire before it was dis- Ancient go- turbed by the barbarism of foreign conquests, and of which some choice reserved spots continued to the year 1756; of which some remained till Mr. Hastings had the means of defacing them. Such was the prospect of Benares in the happy reign and government of Bulwant Sing : such was the happy state of Benares in the happy days of Cheyt Sing ; till Mr. Hastings introduced his reform into that country. Having stated the general outline of the manners and of the origin of the people of Hindustan, having stated the general principles of the subdivision of the country, having stated those laws of their religion which relate to us, and which either prohibit connexion or oblige us to a connexion very different from what we have hitherto used towards them, I shall now pass them, and leave to your Lordships' judgment seriously to consider the situation of men in such a place, and the obligation which these facts impose upon you to enlarge the bounds and limits of your justice, and, if not of your justice, of your mercy to them, and, not to suffer such fair monuments of the human mind to be defaced by the rapacity of your governors. I hope I have not said a word straining the subject, to bring before you any part of their religion and manners, farther than as relates to our govern- yemment in certain provinces defaced by Mr. Hast- ings. Speech of Mr. Burke. 39 ment over them; for, though there never was such food for the curiosity of the human mind, I pass it totally over. Now, considering that as the first era in which we are to view the history of the East, the next era is an era of great misfortune to that country and to the world in general I mean the era of the prophet Mohammed, who has Mohammed- extended his dominion, influence and religion, over that part ant ^ rna of the world. There can be no doubt that the enthusiasm which animated his first followers, the despotism that was connected with his religion, and the advantages that his followers had over the broken, disunited, countries of the world, extended its influence vastly. This I wish you to consider and remark as the era of the Arabs. These people made a great impression in India. They had sovereigns in all parts of it. They had particularly the kingdom of Bengal, which is now the object of our inquiry ; and they held it for a series and a dynasty of thirty -three Kings, having begun and founded their seats in it very early after the time of the prophet. These people when settled in the country tried at first, with the ferocious arm of their prophetic sword, to change the religion and manners of that country ; but, soon per- Moderation ceiving that their cruelty wearied out itself and never could Mohammed- touch the constancy of the sufferers, they permitted the ^ e nt. vern ~ people of the country to remain in quiet, and suffered their religion to operate upon them as it could, by appealing to their ambition or avarice, or by taking the people who had lost their castes into and increasing the bounds of the Mo- hammedan religion. But they left the ancient people in possession of the country ; they left the ancient nobility in possession of their estates ; and they left the ancient sove- reigns of the country possessed of an inferior sovereignty ; and, where the nature of the country would permit it, they suffered them to continue in a separate state of sovereignty from them. The Mohammedans, during the period of the Arabs, never destroyed the native nobility, gentry, or the landholders of the country ; they all remained fixed in their places, as they did till very near our time. The next era is an era which it is very necessary to state, The Tartar because Mr. Hastings has made many applications to it; namely, the history of the Tartars, or the era of Tamerlane. They came in not by destroying the Hindus ; their con- quests were over the other Mohammedans. For Tamerlane, coming into that country as the great reformer of the 40 Opening of the Impeachment : 15 FEB. ITS Conditions granted by Tamerlane to Hindu rajas. Various degrees of subjection to the Tartars. , Mohammedan religion, to succeed to the rights of the prophet upon a divine right and divine title, struck at all the Moham- medan princes who were there at that time, as persons who were tyrants, abusing their power in the several countries ; and he came often into a composition with the people of the country upon the ruin of those tyrants. He had neither time, means nor inclination, to dispossess the ancient Rajas of the country. And to give your Lordships an idea of the equity or policy of that time, and not a history of the ferocity of the country because ancient historians generally inform us of everything but what we wish to know, stating that India was conquered by Tamerlane in such a year and the year will be found to coincide somewhere, I believe, with the end of the fourteenth century thinking the chronology nothing, and thinking what was done to be everything, I may mention that there is here a very remarkable circumstance in the same book, written by no friend to these people : " When the Hindu Rajas or princes of Hindostan submitted to Tamerlane it was on these capital stipulations that the emperor should marry a daughter of Raja Jeet Sing's house ; that the head of this house should be in perpetuity governor of the citadel of Agra and anoint the king at his coronation ; and that the emperors should never impose the jessuah (or poll tax) upon the Hindus." Here was a conqueror, as he is called, coming in upon the terms of mixing his blood with that of the native nobility of the country, putting them in consequent succession upon the throne of the country, making hereditary constables of the capital of his country of the native princes of the country, and freeing the Hindus for ever from that tax which the o Mohammedans have laid upon every country over which the sword of Mohammed prevailed, namely, a capitation tax upon all who do not profess the religion of the Mohammedans. The Hindus by profess charter were excepted from that. They were no conquered people. They carried the evident marks of a noble independency, of a spirit of freedom and good government, as compared with other countries where the prince is armed with supreme, entire, authority, and where the great people have no privileges at all, or having privi- leges are nothing but subjects. But the modes, the degrees, the circumstances, of subjec- tion varied infinitely : in some places there was hardly a trace at all ; in some the Rajas were almost assessors of the throne, as in this case of the Raja Cheyt Sing. These circum- stances mark that Tamerlane, however he may be called Speech of Mr. Burke. 41 from his name a Tartar, was no barbarian ; that the people who submitted to him did not submit with the abject sub- mission of slaves to the sword of the conqueror, but admitted an emperor who was just, prudent and politic, instead of the ferocious, oppressive, Mohammedans who had forced their sword into the country. That country resembled more a republic of princes with Power of a great chief at their head than a country in absolute, uni- i ' form, systematic, subjection, from one end to the other, in which way it has of late been considered. So that if a prince like Cheyt Sing was not ready to pay any exorbitant fine which would be inflicted upon him by the will of the person who called robbery a fine, and who took from him without either considering his means or his delinquency why, if such persons there were, the Rajas of that country were armed, they had imperial fortresses for their security, they had troops and the means of a revenue to do themselves justice. But the policy of the prince never was to push that people to such extremity, as it is supposed that those who were the subjects of their conquest were actually pushed. " In the unfortunate wars which followed the death of Manz-o-Din Sevajee, Cheyt Singh, with a select body of Rhajapoots, by a well-conducted retreat, recovered Agra, and was soon after reconciled to the king and admitted to his favour, conformably to the steady policy of this govern- ment in keeping a good understanding with the principal Rajas, and more especially with the head of this house, who is ever capable of raising and fomenting a very formidable party upon any intended revolution in this despotic and precarious monarchy." * Now, my Lords, during this reign of Tamerlane's and under his successors and government, which we consider a despot- ism, these principal Rajas, instead of being called wretches and treated as such, were, even when they were in arms against their sovereign, admitted to easy reconciliations ; because in reality they were not rebellious subjects, but princes, often asserting their natural liberty and the just constitution of the country. This idea, that Mr. Hastings has endeavoured to bring into the world, of the abject situation in which the people were, has nothing in it in the government of Tamer- lane or his successors. This brings me to the next era, that of Akbar Khan. He Era of was the first who got Bengal into his possession. I can show Khan! that his conquest over Bengal was over the last Mohammedan * Quotation from Ilolwell. 42 Opening of the Impeachment : is FEB. 1788. dynasty ; that lie conquered the prince, not the country ; and that, till we entered into it which is a certain mark that it was not a conquered country in the sense in which we call conquered the natives, great men and landholders, were in every part in the possession of the country. It is true, severe revenges were taken by the princes in that country, which bore resemblance to the wars of the roses in this country, where, in the heat of blood, the cry was, " Off with his head so much for Buckingham !" Yet, where the government ever took form and settlement, whatever vigour was used with regard to the adventurers and slaves of the emperor from Persia, Turkey, and all other parts, The Hindus the Hindus were a favoured, protected, gently -treated, people. This is the way in which it continued in the era of Tamer- lane, and these are the principles upon which that empire stood and was governed. The next era is a troubled and vexatious era indeed, and approaches near to what we have considered, which is the Era of the era of the independent subahdars of that country. There subahdars? w ere five of them, who governed from about the year 1717 or thereabouts. These viceroys grew into independence partly by the dreadful calamities and concussions of that empire, which happened during the disputes of the successors of Tamerlane, and partly by the great concussion it received when Akbar Khan entered into that country, and shook the throne, and massacred almost all the principal inhabitants of the country. Then the princes became independent : but their independence led to their ruin. Those who had usurped upon their masters had servants who usurped upon them ; in the same way as Aliverdy Khan, who murdered his master and let in a body of foreign invaders into that country, who cruelly harassed the Mahrattas in a manner not to be ex- pressed. By a sum which is supposed to amount to five millions sterling he secured the exhausted remains of an exhausted kingdom, and left it to his grandson Suraj-ud- Dowla in peace and poverty : and Suraj-ud-Dowla in 1756 gave way to the era of the British empire. All that I have to do with this dynasty, which makes the fifth era that I have had the honour of stating to your Lord- The Hindus ships, is, that the Hindus were everywhere found in posses- unmolested. ' g ' Qn Q f t j ie county - that though this cruel tyrant, this aban- doned usurper, this man reduced to the extreme of neces- sities by foreign invasions, racked and tormented, contrary to duty, but urged through an apparent necessity from an army Speech of Mr, Burke. 43 of 100,000 horse being .in his dominions, the people under is FEB. nss. him, yet still they remained still they preserved their rank, their dignity, their castles, their houses, their seignories. All the insignia of their situations, and the power and means of subordinating their people, remained till the unfortunate era of 1756. So here I state that, through all these revolutions and changes of circumstances, a Hindu policy and a Hindu go- vernment existed in that country till given up finally to be destroyed by Mr. Hastings. Having gone through the history and come to that era Era .f which is the era of the British power, and in which all Mr. power. Hastings' education was had for he existed before that era ; he was an antediluvian with regard to Bengal ; he was a servant of the Company before that great revolution hap- pened ; he was co-extensive with all the acts and all the abuses, nnd had a large part in all the abuses, that happened in that time to the moment of his government : but as in that time all those abuses had their origin, you cannot thoroughly understand the nature and circumstances of them without an - explanation of all the events that happened from the year 1756 till Mr. Hastings' government if I find it agreeable to your Lordships, if I find that you wish to know the annals and horrible series of all the transactions from 1756 to the period of Mr. Hastings' government, that you may know how far he promoted what was good, how far he rectified what was evil, how far he abstained from innovating, and bringing in new mischiefs upon the country your Lord- ships will have the goodness to consult the strength which begins almost to fail me and, if you think the explanation is not time lost in this new world and in this new business, I shall venture to make out to your Lordships that eventful history which preceded Mr. Hastings' government ; and then we shall have a clear knowledge of the cause, of the descrip- tions of people in the country, and a clear knowledge of all that has happened abuseful in the country since Mr. Hast- ings went into it ; and then we shall be able to enter fully and explicitly into the nature of the cause. Whether this is necessary or not I submit to your Lord- ships. I thought it was. I poured out before the committee my poor ideas upon the subject.* They were so good as to * Reference is here made to speeches in committee of the House of Com- mons, in June 1786 and April 1787, on motions for impeachment of Warren Hastings on the articles of charge drawn up by Mr. Burke. 44 Opening of the Impeachment : . think such an explanation necessary. Their knowledge ena- bles me to do it ; and I should rather hope that it will pave the way and make everything easy for your subsequent justice. I therefore wish to stop at this period, in which Mr. Hast- ings was alive, was active in the service, and pretty nearly the time when he began his political career. And here, my Lords, I pause, wishing your indulgence to follow, at such time as will suit your convenience, for pursuing the rest of this eventful history. Speech of Mr. Burke. 45 CONTINUATION OF THE SPEECH OF THE RT. HON. EDMUND BURKE, MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE IMPEACHMENT; 16 FEBRUARY, 1788. MY LORDS, In what I had the honour of laying before Distinction your Lordships yesterday, and in what I may farther trouble explanatory you with to-day, I trust and hope your Lordships will observe natory state- a distinction, which if I did not lay down as perfectly as I mcnts - ought yesterday, I hope I shall be able to mark it out peculiarly and distinctly this day. First, that which I shall think necessary to state as matter of explanation, in order to give your Lordships a true idea of the scene of action, of the instruments which Mr. Hastings employed, and the effects that they produced that I wish to be distinguished from matter brought to criminate. The matter brought by me to criminate is in a great measure only illustrative ; and your Lordships are to depend for the sub- stantial part of the crimination upon the moment when the evidence is going to be produced to you. My Lords, with this caution, I wish to have it understood The crimes that, when 1 have stated or shall hereafter state any historical affected by matter, even that preliminary matter will lead perhaps historical to a larger, fuller and more judicial, investigation tHan if facts - the crimes should stand distinct from the previous facts. For instance, if I stated yesterday to your Lordships as I did the tyranny, cruelty and iniquity, of one of the usurping viceroys, whose usurpation led the way to our power, it is not that I charge Mr. Hastings with any part of that guilt. What I charge Mr. Hastings with is, having avowedly looked to such a man as his example and followed him with a servile fidelity. When I have spoken as I have endeavoured to lay down to your Lordships of anything abusive or leading to abuse from its defects in the constitu- tion of the Company's service, I have not meant to criminate Mr. Hastings with any part of that, any farther than as he used the weakness of the institution to let in his abuse of the power with which he was entrusted. For instance, if I Opening of the Impeachment: 16 FEB. 1788, Glory of punishing abuse of power. Introduc- tion of British power into India. Opportu- nity of gain- ing glory by the govern- ment of India. have stated that the general run of the service of the India Company was weak in legal emolument and powerful in the means of illegal emolument, I did not state that as a defect owing to Mr. Hastings ; but I stated it as a crimination, or leading to that crimination which we shall more particu- larly bring before you, namely, that Mr. Hastings, taking advantage of that defect, did fraudulently, corruptly, and for the purposes of his own ambition, take advantage of it under a pretended reformation, to make an illegal, partial, corrupt, advance of emoluments to certain persons, even to increasing the disorder of the rest of the service as well as loading the Company with many expenses. Having therefore wished your Lordships to keep steadily in your minds these circumstances which I trust and hope you would do, even without my taking the liberty of sug- gesting it to you I shall beg leave to proceed to that period at which I closed that great and memorable period which has given occasion to the trial of this day a day which I hope, for the honour of the justice of Great Britain, will shine in the future annals of our history. My Lords, to obtain empire has been a common thing ; to govern it well has been more rare. But to chastise the guilt of those who have abused the power of the country by the high justice of it is, I hope, a glory more peculiarly reserved to this nation, to this time, and to this house. The year 1756 is a memorable era in the history of the world. It introduced a new power, with new manners, new customs, new opinions, new laws, into India; and it would have been a beautiful, a brilliant, thing for the history of this country if it had shown its virtue upon that occasion to be altogether equal to its fortune. My Lords, if in Asia, in that part of the country which had its native government broken up, which had fallen into a scene of contusion from being the prey and sport of the infernal ambition of its own grandees, if at that time a star had risen from the west that would have prognosticated order, peace, happiness and security, to the natives of that country and indeed something might have been expected of the kind, when it was to come from a learned and enlightened part of Europe, in the most enlightened period of its time ; when it was to come from a nation the most enlightened of the enlightened part of Europe it would have oeen a great deal to say, that they came from the bosom of a free country, which carried with it, at least, to a country Speech of Mr. Burke. 47 that had not the benefit of its forms, all the advantage of IOFEB-ITSS. the liberty and spirit of the British constitution. It would have been glorious to this country, and would have saved the trouble of this day, in some measure at least, it would have been glorious to us too, that, in an enlightened state of the world, possessing a religion an improved form of the best religion of the world I mean the reformed religion we had done honour to Europe, to our laws, to our religion, done honour to all the circumstances of which we boast and pride ourselves, at the moment of that revolution. My Lords, it has happened otherwise : it is now for us to think how we are to repair it. And, therefore, resuming where t broke off, with your indulgence to my weak- ness, yesterday, I shall beg leave to restate to you that Of Suraj-mi- Suraj-ud-Dowla was the adopted grandson of Aliverdy Nawab of Khan, a cruel and ferocious tyrant, the manner of whose Ben s al - acquisition of power I have stated. He came too young and inexperienced to that throne of usurpation. It was a usurpation yet green in the country ; the country felt uneasy under it. It had not the advantage of that prescrip- tive usage, that inveterate habit and opinion, which a long system of any government secures to it. The only security that it had was the security of an army. The prince of the country had endeavoured to supply the weakness of his government by the greatness of his purse and amassed treasure. But, with all the more treasures they amassed, the more they felt the effects of poverty. For putting the money in the place of force, the consequences were that their armies were unpaid ; and, being unpaid or weakly paid, were undisciplined, disorderly and unfaithful. In this situation, a young prince, confiding more in the appear- ances than in the reality of things, undertook from motives which the House of Commons, with all their industry to discover the circumstances, have found some difficulty in making out to attack a little miserable trading fort that we had erected at Calcutta. He succeeded in that attempt, because success in that attempt was easy ; and there happened, in consequence of it, an imprisonment, not owing The black I believe to the direct will of the prince, but what will Calcutta. always happen when the will of the prince is but too much the law that there was an abuse, a gross abuse, of his power by his lowest servants, by which one hundred and twenty or more of your countrymen perished miserably in a 48 Opening of the Impeachment : IG FBB^ITSS. dungeon in that place, by a story too tragical for me to tell, too well known for me to need mention it. of C Smi Siti i n When the event happened, there happened at the same by the ' time a concurrence of other events which, in the midst of that weakness, displayed the strength of Great Britain in Asia. For some years before, upon the coast of Coroman- del, the French and English troops began to exhibit the power, force and efficacy, of European discipline in that part of the world ; and, as we daily looked for a war with France, the country was to a degree armed there. Accord- ingly, my Lord Pigot, the preserver and the victim of the British dominion in Asia, detached a strong force such of the Company's force as could be collected and such of His Majesty's ships as were on that station to the assistance of that place. And accordingly to make short of this history the daring and commanding genius of a Clive, the patient, firm ability of a "Watson, the treachery of Mir Jaffier, and the battle of Plassy, gave us the patronage of a king- dom an d the command of all its treasures. We negotiated Bengal. w jth ]\|j r J a ffi erj the viceroy, for the throne of his master ; upon which throne we seated him, and obtained immediately immense sums of money a million sterling for the Company, upwards of a million for individuals in the whole, a sum of about two millions three hundred thousand, for various purposes, from the prince of the country. We obtained too the town of Calcutta more completely than we had it, and the twenty-four districts adjoining; which was the first small seminal principle of the great territorial acquisitions we since made in India. Many circumstances of this acquisition I pass by. There is a secret veil to be drawn over the beginnings of all govern- ments. They had their origin as the beginning of all such things have had in some matters that had as good be covered by obscurity. Time, in the origin of most govern- ments, has drawn this mysterious veil over them. Prudence and discretion make it necessary to draw something of that veil over a business in which otherwise the fortune, the genius, the talents and military virtue, of this nation never shone more conspicuously. But a wise nation, when it has made a revolution itself and upon its own principles, there rests. The first step is revolution to give it power ; the next is good laws, good order, to give it stability. I am sorry to say that the principle upon which the gentlemen in Speech of Mr. Burke. 49 India acted, at that time, was such as tended to make the new government as unstable as possible. For, by the vast sums of money acquired by individuals upon this occasion revolution the immense, sudden, prodigious, fortunes it was discovered i>y servants > , - \y -i of the Corn- that a revolution in .Bengal was a mine much more easily pany. worked and infinitely more productive than the mines of Potosi and Mexico. But they found that the work was, not only very lucrative, but not at all difficult. While Clive forded a deep water upon an unknown bottom, he left a bridge for his successors over which the lame could hobble and the blind might grope their way. There was not at that time a knot of clerks in a counting-house, there was not a captain of a band of ragged topases, that looked for any- thing less than the deposition of subahdars and the sale of kingdoms. Accordingly, this revolution, that ought to have precluded other revolutions, unfortunately became fruitful of them; and, when my Lord Clive returned to Europe, to enjoy his fame and fortune in this country, there arose another set of people, who thought a revolution upon that revolution might be made as lucrative to them as this was to the first projectors. Accordingly, scarce was this Mir Jaffier seated upon his throne than they immediately, or in a short time, projected another revolution a revolution which was to unsettle all the former revolution, to make way for new wars and disturbances, and for that train of peculation which ever since has vexed and oppressed that country. My Lords, there was in the house of Mir Jaffier. in his intrigues of -i r ! M n i ... f, Gossim Ali court and in his tamuy, a man ot a daring, intriguing, tero- Khan. cious, subtle, bloody, character, called Cossim Ali Khan, who was the son-in-law of Mir Jaffier, and who made no other use of his approximation, of his nearness of affinity, to his father, but to endeavour to dethrone him and to murder him. He was an instrument fit for the persons who under- took this second mercenary revolution ; which could not be covered with the smallest plausible appearance of advantage or necessity, from the discovery of any faults or infirmities that might have been in the first revolution. This wicked man was not long without finding persons who observed his talents with admiration, and who thought fit to employ him. To give your Lordships an idea of the persons and the Coim AH state of things, I have first stated who Cossim Ali Khan ^firfHot was ; I will now state the other parties. Mr. Holwell was other in a by seniority, not appointment, at the head of the Presidency, { J / .^ tf \ c t V( r " and waited for the coming of Mr. Vansittart. He con- Jainer." 50 Opening of the Impeachment: 16 FEB. 1788. Constitu- tion of the Council of Calcutta. Revolution planned by the secret Council. Mr. Hast- ings the Resident at the Nawab's court. Parties concerned in the re- volution. sidered himself, and was considered by others, as only tem- porarily in that place ; but he was therefore resolved to make good use of his time. The terrible example of the black hole at Calcutta had not cured him of ambition. He had deter- mined upon another revolution. But at the same time, he had in his Council Mr. Sumner and Mr. Macguire. The Council was divided, for the convenience and arrangement of busine&o, into two parts ; one the Council in general, the other a select committee, which they had arranged for the better carrying on their political affairs. But the select com- mittee had no power of acting wholly without r the Council, at least finally and conclusively. The committee thought otherwise: but between these litigant parties for power I shall not determine, thinking of nothing but troubling your Lordships with the use that was made of it. This secret Council then, without communicating with the rest of the Council, formed the plan for a second and entirely mercenary revolution. The persons that I have stated [were] of the Council ; [and, besides] these, General Calliaud, that now is he was then a major who commanded in the fort for the British troops was a person high in situation, and by his situation might claim a seat in the Council. There was a young gentleman, Mr. Warren Hastings, at that time Kesi- dent at the court of Ali Khan, then allied to this country under the most solemn treaties that can bind men, and for which he had paid and was then paying immense sums of money. This Mr. Warren Hastings was the pledge in his hands for the honour of the British nation and their fidelity to their engagements, in the place of Resident at his court. These are the parties which were concerned in the revolu- tion. Mr. Hoi well seems to have been the first suggester,. mover, and most active person in it. Mr. Sumner followed him in the Council. Mr. Macguire concurred and co- operated. But they could do nothing by themselves; for force was necessary to effect this revolution, and Major Calliaud was necessary to this force. Treachery was neces- sary to effect it, and Warren Hastings was necessary to accomplish that treachery. Major Calliaud was the General in the field. Mr. Holwell considered himself only as in possession of temporary power, as he was waiting for Mr. Yansittart ; but he was urged strongly that, if Mr. Yansittart should come before his plot could be finally put into execution,, he would have all the prior advantages of it, and Mr. Hol- well be considered only as a secondary instrument ; and Speech of Mr. Burke. 5 1 therefore Mr. Hoi well, who originally conceived this plan as far as the House of Commons were able to discover wished to carry this plan into execution before the arrival of Mr. Vansittart. But Major Calliaud wished to keep it back. Efforts of He concurred inwardly, as he tells ns himself, in all the cailiaud to principles of this revolution, in the propriety and necessity of thf^evolu- it ; but he did not choose to undertake it till Mr. Vansittart tion< should arrive, who was to be the permanent Governor ; who was to give weight, firmness and character, to the whole. And accordingly, while Mr. Holvvell endeavoured by his correspondence to stimulate him forward to this enterprise, which without him could not be undertaken at all, he gave him such reasons, not for postponing, but for totally abandon- ing that enterprise, showing the futility, the injustice and the danger, of it, and the impossibility of mending their condition in any respect by it, as must have damned it in the minds of all rational men whatever : at least, it ought to for ever have damned it in his own. But you will see they persevered in this plan, and that General Calliaud I call him so now from his present situation ; but, Major or Colonel Calliaud thought two things necessary ; first, not wholly to destroy the scheme, which he tells us he always approved, but to postpone it, and in the meantime to delude the Nawab by the most strong, direct and sanguine, assurances of friend- ship and protection that it was possible to give to a man. At this time and I go into the circumstances of this Reasons for revolution the more fully because they not only open a the^ircuim- mischievous licence to the servants of the Company, in shaking stances of 11 11=1 i i J , tlie revolu- all establishments the most permanent and most guaranteed tion. by the Company's faith, but because they show at the same time the perfidy, the fraud and treachery, with which they are accompanied ; they show a suppression of correspondence, and the bold, assuming, contradiction to the orders of their superiors ; because they show the collusive practices, the mock trials and the scandalous acquittals, and finally the general collusive decision of the East India Company upon the worst transactions, and that which they have most condemned in their service ; it is for that reason - whilst this event stood suspended, whilst Mr. Hoi- well urged it forward, and Mr. Vansittart was expected every day to give it effect if he would give it effect there happened such an event, which gives such light into the w r hole proceeding, that your Lordships will not blame me when you have heard it for dilating it more fully and I) 2 Opening of the Impeachment : 16 FEB. 1788. Story of the three seals. TheNawab's son, Mecran. Design of the Nawab to murder the Shah- zada com- municated to Gen oral Calliaud. particularly, and bringing it before you from beginning to end ; stopping the narrative of the revolution that you may see the whole together, that by it you may judge of the state and condition things were in, in the country, when Mr. Hastings was sent for the express purpose of reforming that state. The business is commonly known by the story of the three seals. It is in the Appendix No. 10 to the First Report of the state and condition of the East India Company, made in 1773. But the word Report is sometimes a little equivocal, and may signify sometimes what is not reported but remains in obscurity. For most people and I may, among them, take shame to myself have not examined to the end all the Appendix ; and it is not till within this year that I have been thoroughly acquainted with the story of that memorable history of the three seals. The story is this ; that, while they were in the camp, and this negotiation for the destruction of the Nawab of Bengal was going on, the Nawab's son, Meeran a youth in the flower of his age, bold, vigorous and active, and full of the politics which those who deal in usurpations never are wanting in commanded the army at this time. About the 15th of April, 1762, the Nawab himself, exactly what time before I cannot say, was at the camp in which his son acted as Commander-in-chief, and in which General Calliaud, underhim, acted as commander of the auxiliary forces for the Company. On that day, the 15th of April for I am to tell it from the parties themselves concerned the Nawab came into the tent cf General Calliaud, and, with a countenance of the utmost embarrassment, big with something that was too large and burdensome to conceal and yet too critical to be told, appeared to be in great distraction. The General, seeing him under this embarrassment, kindly, gently, like a fast and sure friend, employed (to use his own expression) forms of those assurances that tend to make men fully open their hearts. And accordingly, fortified by his assurances, and willing to disburden himself of this secret that oppressed him, he opens his heart to the commanding officer of his new friends, allies and protectors ; and he tells him, too, I should mention to your Lordships which I ought to have mentioned before that the present Emperor of the Moguls, at this time then the prince royal, called Shah-zada, that is, the King's son escaping from the confinement of his father, had put himself at the head of several chiefs, and had penetrated into tlie Speech of Mr. Burke. 53 province of Behar in considerable force ; and against those par- ties [they] were then in war. Whether they ought to have been so or no is not now the question but there they were in war. The Nawab informed General Calliaud that he had received a message from the Prince or Shah- zada's principal minister, informing him that he had an intention as indeed well he might, supposing that we were as well disposed to him as we showed ourselves afterwards to surrender himself into the hands of him, the Nawab ; but at the same time wished for a guarantee that the Commander-in-chief of the English forces should give him security for his life and his honour, when he had in that manner surrendered himself to the Nawab. I do not mean by surrendering, surrendering himself prisoner of war, but as a sovereign would to his faithful subjects and to those persons who claimed to derive under his power. Accordingly, he stated to the General that, without this security, the Prince would not deliver himself into his hands, but that he had a farther view that, when the Prince had delivered himself into his hands, his intention was in plain terms to murder him ; which act could not be accomplished without the General. Hisappii- For, in the first place, the Prince without his security would General* not deliver himself into his hands, and without his con- ^\sixacc 1 currence he could not be murdered. These were difficulties that pressed upon the mind of the Nawab. The General heard this astonishing proposition without any apparent or considerable emotion, being a man habituated to great affairs, versed in revolutions and with a mind fortified against grand events ; and he heard it and answered it Avithout showing any signs of abhorrence or detestation, but at the same time with protestations that he would serve the Nawab, but it should be upon such terms as honour and justice could support. And he told him that an assurance for the Prince could not be given by him, till he had consulted Mr. Holwell, who was then Governor at Calcutta, This conversation passed in the morning. On the day of that The propo- morning General Calliaud writes to Mr. Holwell an account to'/ir^HoK of this conversation and of this proposition ; and says that he wel1 - made an inquiry, without stating from whom, but inquired from some persons, who assured him that there was no pro- bability of the Prince's intention to deliver himself to him at all. However, the whole transaction of the morning of the 15th of April was not very discouraging to the Nawab ; not such as would induce him to quit, and to consider this most Opening of the Impeachment : 16 FEB. 1788. Proposal of the diwan of a chief in the Mogul's service to deliver him into the Company's hands or murder him Agreed to by General Calliaud. Seals to the agreement. detestable of all propositions as a thing utterly unfeasible. General Calliaud came that evening to his tent, to arrange some matters relative to the subsequent campaign. There the business soon ended with regard to the subsequent campaign: but the business of the morning was resumed in another form, and then the persons stated it as it was first represented ; and your Lordships will see what alterations were made in it afterwards. In the evening scene the persons were General Calliaud, Mr. Lushington, Mr. Knox and Warren Hastings. On the part of the Nawab, himself, his son, a Persian munshi and his head spy, an officer well known in that part of the country. And these were the persons in this drama in the evening scene. When the Nawab revived his proposition, the Prince surrendering himself into his hand was a point he no longer stated : so that one act of treachery is saved to him. But another happened of a much more extraordinary kind ; which is, that a person called Conery, who was diwan or principal steward to [Camgar Khan, a chief in the service of the]* Prince, now the great Mogul a sovereign under whom the Company holds their charter of this country- had made a proposition that if this territory a large and considerable territory held by his master was assured to him, and he assured a payment upon the perpetration of his act of a lac of rupees ten or twelve thousand pounds he would for that consideration deliver the Mogul alive into their hands, if he could ; or, if not, that he would murder him for this reward. This proposition was made to the English commander : what discourse happened upon it is a little uncertain. Mr. Hastings is stated here to have acted as interpreter in that scene. General Calliaud agreed to it without any difficulty: and, accordingly, an instrument was drawn by the Persian munshi, who was in the place, securing to the party the reward of this wicked, perfidious and murderous, act. Accordingly, first the Nawab put his own seal to it; the Nawab's son, Meeran, put his seal to it ; the third seal was wanting it was not present. But Mr. Lushington was sent, near half a mile, to come and put it to it ; and, accordingly, the instrument was accomplished. The three seals were put to it ; and it was known by the business or the affair of the three seals. This business of the three seals, by some means not quite * Eevised copy. Speech of Mr. Burke. 55 fully explained, but, as suspected by the parties, by means is FED. 178?. of the information of Mr. Holwell, who came home, was conduct of conveyed to the ears of the court of Directors ; and the j,ny ^?th court of Directors declared and wrote out, under the date t^fflfr of of the 7th of October, 1761 which was within a little more thethree than a year of this extraordinary transaction that, in con- ^ junction with the Nawab, General Calliaud had signed a paper offering a reward of a lac of rupees, or some such sum, to several black persons for the assassination of Shah- zada, which paper was offered to the then chief of Patna to sign, but which he refused as a most infamous measure : and, accordingly, it appearing to be so, the India Company ordered a strict inquiry to be made into this, which it con- sidered as a most infamous measure. But the India Com- pany, who did their duty with apparent manliness and vigour, were resolved to do it in a manner that could not procure any serious mischief. For the commission of inquiry they directed to the very clan and set of people who were in awe of one another ; namely, in effect, to the persons themselves. And therefore, without a prosecutor, without a director, they left it to those persons to try one another for their common act. And here, coming upon the principle which I wish to mark to your Lordships the manner of the col- lusive trials and collusive acquittals in this business when this matter came to be examined before the Council, which inquiry into was on the 4th of October, 1762, the Council then consisted actionby" of Peter Maguire, Warren Hastings and Hugh Watts. theCouncU - Mr. Hastings had by this time accomplished the business of the place, and had taken the seat to which his seniority intitled him, I believe, in the Council. But here a difficulty arose in limine ; that Mr. Hastings, who is represented to Difficulty V. 1 \ -LI iT C.t. with respect have acted as interpreter in this business, was not a nt per- toMr.Hast- son to sit as a judge in the affair. It likewise appeared as^ad^e m that there might be some objection to some of the witnesses. theatfair - For with respect to Mr. Lushington, who might have been concerned in that occasion, there were two circumstances unlucky ; he had put his seal to it, and he, it seems, had made an affidavit at Patna that he had put his seal and that Warren Hastings was interpreter in that transaction. The question was how to get the interpreter out of his interpre- tation and to put him upon the seat of judgment. Why, the manner in which it was effected was something curious; it was this that Mr. Lushington, who by this time was got completely over, was, as he himself tells you, by conferences 5 6 Open ing of the Impca cli ment : with General Calliaucl and by arguments and reasons by him delivered, persuaded to unsay his swearing ; to declare that he believed that that affidavit which he made before and while the transaction was recent, or nearly recent, must be a mistake ; that he believed that not Mr. Hastings but he him- self interpreted. In a company [an interval?] no larger than that, Mr. Lushington therefore completely loses his memory, accepts a given, an offered, memory [offered] to him by a party in the transaction ; and Mr. Hastings is at once put into the capacity of a judge, and declared not to have been an interpreter in the transaction. Mr. Hastings is himself examined, and what your Lordships will look at at your Hastiugs. ' leisure, and consider as a pattern of inquiries of this kind Mr. Hastings is examined and he does not recollect he thinks he was not there ; for that, if he had been there and acted as interpreter, he could not have forgot it. And there- fore, upon that kind of answer given by Mr. Hastings (I think it is pretty nearly as I state it : if I have fallen into any error or inaccuracy it is easily rectified ; for here is the state of the transaction given by the parties themselves), he, upon this inaccurate memory of his not venturing to say positively that he was not the interpreter, that he was not there, is discharged from being an accomplice. He is removed from the bar and sits upon the seat of judgment. Then ,, General Calliaud comes manfully forward to make his aud - - * r -r i . -./vi-ii defence of defence. Mr. Lushington is taken oft his back; and no his conduct . i , /-i , TT- -\- -PI in the affair one person remains but Captain Ivnox. JN o\v, ir he was ofthe three t here and assenting, he is an accomplice too. Captain Knox is made to say though General Calliaud does not quite believe him Captain Knox is made to say that he said it was a pity to cut off so fine a young fellow in such a man- ner ; meaning that fine young fellow the Prince, the de- scendant of Tamerlane, the present reigning Mogul, from whom the Company derive their present charter. The defence that was set up by General Calliaud was this that he was apprehensive that the Nawab was alarmed at the violent designs that were formed against him by Mr. Holwell, and that therefore, to quiet his mind with an opiate made up of murder and treason it's an odd kind of mind he had that was to be quieted by such means but, to quiet his mind and show that they were willing to go all lengths with him and sell body and soul to him, he put his seal to this extraordinary agreement he put his seal to this wonderful paper. He likewise stated that he was of opinion Speech of Mr. Burke. 57 that nothing at all could happen from it ; that no such i<5 FEB.ITSS. murder was likely to take place, whatever might be the intention of the parties ; and that, in fact, he had very luckily said in a letter of his, wrote the day after the setting the seal, " I think nothing will come of this matter, but it is no harm to try." This experimental treachery and these essays of conditional murder appeared to him good enough to make a trial of; but, at the same time, he was afraid nothing would come of it. And, in general, the whole point is to persist that his mind is clear " my hands are guilty, but my heart is free." He conceived that it was very improper undoubtedly to do such an act, if he suspected anything could happen from it. But, however, he let the thing out of his hands, put it into the hands of others, and he put the commission into the hands of a murderer. This was brought before them. But his extenuation was the purity of his heart, the bad situation of the Company's affairs the perpetual plea in such situations, which your Lordships are to hear of and will hear of for ever : and, if it will justify evil actions that prodigality will betray people into difficulties, and that those difficulties will justify nefarious and wicked acts if your Lordships are as indulgent (which I am sure, with all your goodness, you will not be) as this inquisition, trying their accomplices and friends, your Lordships will have little to do in this business. But he calls upon his life, his character, and all those things, to oppose to his seal ; and, accordingly, upon these declarations and upon declaring that ]Nlr. Holwell had intended ill to the Nawab, and, though he approved of these, but only postponed them, yet he thought it necessary to quiet the fears of the Nawab ; that, from this motive, he did an act abhorrent to his nature, and which, he gays, he expressed his abhorrence of the morning after he signed it not that he did; but, if he had, I believe it would only have made the thing so many degrees worse : (Your Lordships will observe that, in this conference, as stated by himself, those reasons and apologies for it did not appear, neither in the letter nor anywhere else, till next year, when he came upon his trial. Then it was immediately recollected that Mr. HolwelFs designs w T ere so wicked they certainly must be known to the Nawab, though he never mentioned them in the conference of the morning or the evening of the 15th ; yet, such was the weight and prevalence of them upon his mind, that he calls upon Mr. Hast- ings to know whether the Nawab was not informed of 58 Opening of the Impeachment: iG FEB. 1788. those designs of Mr. Hoi well against him. Mr. Hastings' memory was not quite correct upon the occasion. He does not recollect anything of the matter. He certainly seems not to think that he ever mentioned it to the Nawab, or the Nawab to him ; but he does recollect, he thinks, speaking something to some of the Nawab's attendants upon it and further this ofthe uti n d e P on ent sayeth not) upon this state of things, namely, Council on the purity of intention, the necessities of the Company, the of General propriety of keeping the Nawab in perfect good humour and M ' removing suspicions from his mind which suspicions he had never expressed they came to the resolution I shall have the honour to read to you : " That the representation given in the said defence of the state of the affairs of the country at that time " that is, about the month of April, 1760 "is true and just " that is, the bad state of the country ; that we shall consider hereafter ; " that in such circumstances, the Nabob's urgent account of his o\vn distresses, the Colonel's desire of making him easy " for here is a recapitulation of the whole defence "The Colonel's desire of making him easy, as the first thing necessary for the good of the service, and the suddenness of the thing proposed, might deprive him for a moment of his recollection, and surprise him into a measure which, as to the measure itself, he could not approve. That such only were the motives which did or could influence Colonel Calliaud to assent to the proposal is fully evinced by the deposition of Captain Knox and Mr. Lushington. That his conscience, at the time, never reproached him with a bad design." Your Lordships have heard of the testimony of a person to his own conscience ; but the testimony of another man to one's conscience this is the first time, I believe, it ever appeared in a judicial proceeding. It is better to say "My conscience acquits me of it ;" but they declare that " his conscience never reproached him with a bad design, and there- fore, upon the whole, we are satisfied that his intention was good, though he erred in the measure." The Nawab I beg to state one thing that escaped me, that is, that the nofel - 11 " l Nawab, who was one of the parties to the design, was at that amined. |' me a gort o f prisoner or an exile at Calcutta; that his munshi was there, or might have been had ; and that his spy was likewise there ; and that they who were parties to this transaction were never called to an account for it in any sense or in any degree, or to show how far it was necessary Observa- to reconcile it to his mind. But the good court of Directors, conduct of 6 who were so easily satisfied, so ready to condemn at the first toTs Direc " proposition and so ready afterwards to acquit, not only Speech of Mr. Burke. 59 acquitted in the manner mentioned before, disapproving measure but receiving the testimony of his conscience, but they take up the ground and honourably acquit him, and give him a testimony that the whole arose from fidelity and zeal in their service. The great end and purpose for which I produce this to Collusion of -T -i t . i i i f i the parties. your Lordships, is to show you the necessity there is tor other inquiries othertrials otheracquittals of parties than those made by a collusive clan ; the Directors requiring the parties to inquire of themselves and to take the testimony of the con- sciences of the parties, at second hand, respecting acts which neither they nor any man living can look upon but with horror. These proceedings I mention as one piece of unbroken continuity, in order to see in what an horrible condition our government stood at the end of 1761, when Mr. Hastings began his political campaign. The story of the three seals, interrupted for a while though it was a continuity of the business. For it was stated to accomplish one necessary part of the plot ; which wa^, to lull the Xawab into perfect security of the designs that were carrying on against him. Ko\v the plan proceeds, continua- They continued in the camp. But there was another remora ; tory of the because business of this kind is not easily got rid of. To P lot t0 .- >. . move the remove a Aawab and to create a revolution is not easy. Nawab. Houses are strong who have eldest sons grown up, with vigour and fit for the command of armies in them. They are likewise not easily overturned in the principal unless the secondary person is got rid of. But this plan now began that is, about the month of July to get into great ripeness and forwardness ; General Calliaud urging forward ; Mr. Vansittart hourly expected ; the thing going on in a happy way, if this remora could be removed. Things were going on in a happy way, in the business, and so they state. I do not know whether I am going to state a thing though it is upon the records which will not look to have too theatrical an appearance for the grave state in which we are ; but here they are, recorded by the parties themselves the difficulties, the knots, and solution, [as they] occurred in this affair. For the bargain was to be made with this person this bold, desperate, designing, man, Cossim Ali Objects of Khan, who aimed at everything and who scrupled nothing Khali? in attaining what he aimed at. His point was to be ap- pointed during the life of Jaffier Ali [his lieutenant], with a design of murdering him, though to get possession of his 60 Opening of the Impeachment : C FEB. 1788. Strange death of the Nawab'sson, Meeran. . Death of Meeran at- tributed to Cossim All and his English con- federates. "office under the name of his lieutenant ; which lieutenancy, according to many usages of that country, especially if sup- ported by power, totally supersedes the authority of the first magistrate, renders him a cypher in his hand, and gives the administration of his affairs and his troops to the lieutenant. It was a part of his plan that he was, after his present lieutenancy, to be named to the succession of the Nawab, [who had] several other children. But this eldest son stood in the way in succession. To be successor to the Nawab such was the condition of this obligation. There happened just in this time of difficulty the most extraordinary event that I believe is recorded in history. This Prince, lying asleep in his tent, suddenly, without any one's knowing it, without any alarm or menace in the heavens that ever was heard or mentioned, without any one whatever being hurt or even alarmed in the camp, is killed with a flash of lightning.* My Lords, thus was the Gordian knot cut. The Prince dies of this flash of lightning ; and Mr. Lushing- ton, of whom you have heard, comes in the morning, with his hair standing erect, comes frightened into the presence of General Calliaud, and, with the utmost alarm, tells him of a circumstance that was afterwards to give them so much pleasure. The alarm was immediately communicated : the General was seized with the same fright, and, fearing that the army should mutiny upon the death of their chief, it was contrived (in a manner that I believe has been the most difficult to contrive) that what would have given the general alarm was concealed, by the ability, the good conduct and dexterity, of General Calliaud, for seven days together, till he led the army out of the place of danger and got them out of all the torpidity that would have followed such an act. Thus a judgment fell upon one of the intentional murderers in the scene. This man, who was probably guilty both in his conscience and act, thus fell by that most lucky, providen- tial and most useful, flash of lightning. There were at that time, it seems, in Calcutta a wicked, * The following note by Mr. Burke occurs in the MS. " Colonel Ironside has since informed Mr. Burke that there was a violent storm of thunder, lightning and rain, on that night. Mr. Stables informed him of the same ; but with less certainty as to the precise day. So there seems to be an error in this statement. But General Calliaud's own narrative before the select committee in 1773 makes no mention of this storm, and it was on that authority that the above statement was made. Many believed at that time (as appears by that re- port) that the Nawab had been murdered probably by some emissaries of Cossim Ali Khan." Speech of Mr. Burke. 61 sceptical set of people who, somehow or other, believed that i6FEu.i7ss. human agency was concerned in this ; and so they dissemi- nated things which I am sure I do not mean to charge or prove, leaving the effect of things to you very dishonourable, I believe, to Cossim Ali Khan in the business, and to some Englishmen who were concerned: but they did disseminate such notions of which I have no sort of proof. And there it remains ; and thus the difficulty of the parties, namely, the getting rid of Meeran, was removed by the interposition of heaven. Then Mr. Vansittart comes upon the stage. I verily character believe he was a man of good intentions, and rather de- 1^^ an bauchcd by that amazing flood of iniquity that prevailed at that time hurried and carried away with it. In a few days they sent for General Calliaud, all whose objections vanish in an instant Like that flash of lightning, everything is instant. The General agrees to take his part. They send for Cossim Ali Khan and Mr. Hastings; they open a treaty with him and conclude it with him, and leave the manage- ment of it to two persons, Mr. Holwell and another person Manage- we have heard of, an Armenian, called Coja Petruse. They revolution 6 are Christians, but he is, according to their way of calling, tHi^Ho!- called Coja Petruse; a person who afterwards played his^'and part in another illustrious scene. By this Petruse [and] truse. Mr. Holwell the matter is settled. The moment Mr. Holwell is raised to be a secretary of state the revolution is accom- plished. By it Cossim Ali Khan is to have the succession of Object of i i T ii i , i i ^ the rcvolu- the present lieutenancy ; everything is put into his hands ; tion. and he is to make for it large concessions, which you will hear of afterwards, to the Company. Cossim Ali Khan pro- Proposal of posed what would have been no bad supplement to the flash t^rn'mfcr of lightning he proposed to Holwell to murder the Xawab. thu Nawa!) - But Holwell was a man of too much honour and conscience to suffer that. He flew out in an instant at it, and declared the whole would stop unless the affair of the murder was given over. But if he gave him over to an intended mur- derer, and delivered his person, treasure and everything, into his hands, Cossim Ali Khan might have had no great reason to complain of being left to the execution of his own projects in his own way. Accordingly, when it was settled, the treaty was made. The treaty amounted to this ; that Conditions * / cntorcu into the Company was to receive three great provinces : for with Cossim here, as you go, you will have an opportunity of observing, " 62 Opening of the Impeachment: IB FEB. ires, with the progress of these plots, one thing which has constantly and uniformly pervaded the whole of the Company's projects, and which [their servants?] have avowed as a principle of their action that they were first to take care of the Company's interest, then of their own ; that is, first to secure to the Company an enormous bribe, and, under the shadow of that, to take all the little emoluments they could to themselves. There were three great, rich, maritime or nearly maritime, southern provinces, B[urdwan], M[idnapore], and C[hitta- gong], great, rich, powerful, provinces, to be dissevered from the subah and to be given to the Company. There were other minor stipulations, which it is not necessary at present to trouble you with, signed, sealed and executed, at Calcutta between these parties, with the greatest possible secrecy. The lieutenancy and the succession were secured to him [Cossim Ali Khan], and he was likewise to give somewhere about the sum of 200,0007. to the gentlemen who were con- cerned, as a reward for serving him so effectually and for serving their country so well. And, accordingly, upon these stipulations, actually or so understood, but which were effected, Mr. Hastings being then at the durbar and having npon a the S everything prepared and the ground smoothed, a commission xawab ; and o f delegation, consisting chiefly of Mr. Vansittart and General revolution? Calliaud, went up into the country, and there, upon the pre- tence of a visit from the Governor to pay his devotions to the Nawab, and at the same time to pay the respects which a new Governor coming into place would do, and to get him respect, in a manner, the detail of which it is not necessary to trouble you with, first endeavoured to persuade the Nawab to deliver himself in this way to deliver over the power so negotiated for into the hands of their friend Cossim Ali Khan. But when the man, frightened out of his wits at it, asked, " What is it he has bid for me?" and added to it, " I will give half as much again to save myself; pray let me know what my price is?" he desired in vain. They were true, firm and faithful, to their word and their engagement : they were resolved he should be delivered into the hand of Cossim Ali. He surrenders at once the whole to him. They grasp at it in a moment. He throws himself into a boat : will not stay at home an hour ; but hurries down to Calcutta, to leave his blood at our door if we had a mind to take it. But it was too good a stake partly for the good behaviour of Cossim Ali Khan that the Nawab Speech of Mr. Burke. 63 should be destroyed, or left in the hands of a man who ie FEB. irss. would murder him. Cossim Ali Khan was very angry at being refused the murder of his father-in-law. The expense of that second revolution was, according to their shares of it I believe I have it here somewhere about 200,0007. This little effusion of private interest settled the matter ; and here ended that second revolution in this country. Which revolution was effected indeed with no blood but with infinite treachery, with infinite expense to the Company, and the dismembering of the country, which now had got two sovereigns ; while before, however assignments might have been granted upon different provinces, here and there, yet the basis remained in the country government. It now was severed. There were three of the great pro- vinces to the south in the hands of the Company, whose capital was Calcutta ; the rest were in the hands of Cossim Ali Khan, whose capital was Allahabad. This Prince had scarcely got upon the throne, earned by Conduct of our public spirit and his iniquities, than he began directly and instantly to fortify himself against those who were or could be the donors of such fatal gifts. He removed from Moorshedabad, which is the capital up higher in the country, to Monghyr. In a short time, in order to be more out of our view, he kept his word pretty well but not altogether faithfully with the gentlemen ; and, though he had no money, for his treasury was empty, he gave obligations which are known by the name of [japs; the Indian vocabulary] by degrees will become easy to your Lordships, as we develope the manners and customs of the country. And in this manner the whole of this business was negotiated. As soon as he had done this,, he began to rack and tear the msextor- provinces that were left to him ; to get as much from those provinces as should compensate him for the revenues of those great provinces he had lost. And accordingly he began a scene of extortion, horrible, nefarious, without precedent or example, upon almost all the landed interest of that country. I mention this because he is one of the examples which Mr. Hastings, in a paper called his Defence, has delivered into the House of Commons as one of the precedents and examples of government which he has thought fit to follow, and which he thought would justify him in the conduct he has pursued. This Cossim Ali Khan, after he had acted the tyrant upon the landed interest, fell upon the moneyed interest in the country. 64 Opening of the Impeachment; ic FER1788. There was a person called Jnggut Seit. There were several His destruc- of the family, who were bankers, to such a magnitude as was family of never heard in the world receivers of the public revenue. stitftho Their correspondence extended all over Asia ; and there are hanker. those who are of opinion that that house, all of them, were not worth less than six or seven millions of money. This house became the prey of Cossim Ali Khan. But Mr. Hoi well had predicted that that house should be delivered over to Satan to be buffeted. It was the pious expression of Mr. Hoi well that the house of the Seits should be deli- vered over [to Satan] to be buffeted. He predicted the misfortunes that should befall them. And they have chosen a Satan to buffet [them], and who did so buffet them by the murder of the principal persons of the house, and by robbing them of the great sums of their wealth, that I believe such a scene of nefarious tyranny, destroying and cutting up the root of public credit in that country, was scarce ever known. In the mean time he was extending his tyranny over every other ; and the persons he first sought were those traitors who had been friends to the English. Several of the principal of these Torture and he murdered. There was in the province of Behar a man Ramara,iii. named Ramarain. He had got the most positive assurances of English faith ; but Mr. Macguire, a member of the Coun- cil, delivered him up, on the receipt of 5,000 gold muhars, or something more than 8,0007. sterling. He delivered him up to be first imprisoned, then tortured, then robbed in consequence of the torture, and finally murdered by Cossim Ali Khan. In this way Cossim Ali Khan [acted], our government looking on. rate of a I hardly choose to mention to you [the fate of a native, in variance consequence of a dispute with]* a Mr. Mott, a friend of Mott Mr ' ^ r - Hastings, which is in this record we have records, but which from the magnitude of them have almost been buried from the [knowledge of the]* country in a contest with him for his house and property. Some scuffle having happened between the parties, he attempting to seize and the other party to defend, he made a complaint to the Nawab, who was in an entire subjection at that time to the English ; and he ordered this unfortunate man, from this very scuffle arising from defending his property, to be blown off from the mouth of a cannon. In short I am not * Revised copy. Speech of Mr. Burke. 65 "able to tell your Lordships of all the nefarious transactions of this man, whom the intrigues of Mr. Holwell and Mr. Hastings had set upon the throne of Bengal. But there is a circumstance in this business that comes across Abuse of the here, and will tend to show another grievance that vexed that country, Avhich vexed it long, and is one of the causes of its chief disasters, and which I doubt is not so wholly extirpated d ty- that some part of its roots may not remain in the ground at this moment that is, commerce, which enriches every country in the world, was bringing that country to total ruin. The Company, in former times, when it had no sove- reignty and power in the country, had large grants to have under their dastack, or their permit, their goods pass without duties through the country. The servants of the Company made use of this dastack for their private trade, which while it was used with moderation the government winked at in. some degree ; but when it got more into private hands it was more like robbery than trade. They appeared every- where ; they sold at their own prices and forced the people to sell to them at their own prices. It appeared more like an army going to pillage the people under pretence of com- merce than anything else. In vain the people claimed from the country courts protection. The English army, marching through the country, ravaged worse than a Tartarian con- queror. The Prince did his best to prevent it ; but he was afraid, if this trade went on longer, that there would be little for him to get, either by confiscation or extortion, out of his country. Therefore, think of the condition of the country ravaged by such a tyrant as Cossim Ali Khan, ravaged by such a set of people under the dastack. The lower provinces, which were delivered over to the English, were torn to pieces by their rapacity. This appeared to be too strong ; and a deputation Wcis sent to his capital, to Monghyr, at a distance, to form a treaty to give some relief against this cruel, cursed and oppressive, trade, which was worse even than the tyranny of the sovereign. This trade Mr. Vansittart made and agreed by a treaty, known by the name of the Treaty treaty of Monghyr, very much to suppress, and to put within '^tr.^van- those bounds that trade ought to be put. There never was restriction a doubt upon the face of that treaty that it was a just, proper, of th fair, trading [transaction]* ; but, as it was never believed in that country that rapacity in trade could be exceeded [forborne]* but by bribery and corruption, the persons who * Revised copy. E 66 Opening of the Impeachment: 16 FEB. 1788. lost every advantage by the treaty of Monghyr, and were like to see their trade crippled by Cossim Ali Khan, fell into a most violent fury at this treaty, made without the rest of the Council. The servants grew divided, and one part were the advocates of the treaty, the other of the trade. They were universally of opinion that the trade [treaty]* was bought for a great sum of money. Whether [it were so I am uncertain] ; the evidence we have upon our records of the sums of money stated to have been paid never having been investigated to the bottom, as it ought. But we have upon our records that a great sum 70,000/. was paid to persons concerned in that negotiation. The rest were exceedingly wrath to see themselves not profiting by the negotiation, and losing by the trade or like to be excluded from it ; and they were the more so, for we have it upon our journals that all that time the trade of the negotiators was not proscribed, but a parwana was issued by Cossim Ali Khan that the trade Mr. Van- of his friends Mr. Vausittart and Mr. Hastings should not Mr. a HasV be subject to those general regulations. This filled the eTfromthe" whole settlement with ill blood ; in which undoubtedly Mr. restrictions. Hastings and Mr. Vansittart were on the right side I put the motive and the secret history out of the case and they showed to a demonstration the mischief of this trade. But, however, as the other party were strong and did not readily let go their hold of this great advantage, first dissensions, murmurs, various kinds of complaints and ill blood, arose, and Cossim Ali Khan was driven to the wall ; and, having at the same time made what he thought good preparations, a war broke out at last. And how did it break out ? This Cossim Ali Khan, whom Mr. Hastings put upon the throne of Bengal, signalised his first acts of hostility against the faith of treaties, against the rules of war, against every principle of honour. This intended murderer, who was put upon the throne well knowing his character and his dispo- sition, though knowing very well what such a man was Massacre of capable of doing, this man massacred the English wherever byjcossim he met them. There were two hundred or thereabouts of Ah Khan. ^ Q Q om p an y' s servants or their dependents slaughtered, with every circumstance of the most abominable cruelty : their limbs were cut to pieces. The tyrant Mr. Hastings set up cut and hacked the limbs of British subjects in the most cruel and perfidious manner ; threw them into wells ; and polluted the waters of the country with British blood. * Revised copy. Speech of Mr. Burke. 67 Immediately war Is declared against him in form. That war 16FEB.17S8. sets the whole country in a blaze, and the other parties \v ar ~a^ begin to appear upon the scene, whose business you will find ^^ t him yourselves deeply concerned in hereafter. But as soon as war was declared against him, it was necessary to resolve to put up another Nawab, and to have another revolution. And where do they resort, but to the Restitution man who, for his pretended tyranny, for his incapacity, for jfawab! the numberless iniquities he was said to have committed, and for his total unfitness and disinclination to all the duties of government [they had dethroned] ? This very man they take up again, to put him upon the throne from whence they had about two years before dethroned him, and for the effect- ing of which [dethronement] they had committed so many iniquities. This revolution was not made without being sums of bought. First according to the usual order of procession MtSPfrom in which the youngest walk first comes the Company. And him - the Company had secured to it in perpetuity those provinces which Cossim Ali Khan had given, as it was thought, rather in the way of mortgage than anything else ; and then, under the name of [compensation for] suffering to the people con- cerned in the trade, in the name of donation to an army and a navy who had little to do in this affair, they tax him what sum do you think ? they tax that empty and undone treasury of the miserable and undone country 500,000?., for a private emolument to themselves, for the compensation for this iniquitous trade, for the compensation for all these supposed abuses. They tax this miserable Prince, who had no share in either forwarding or backing it, 500,000/. That sum was given to individuals. Now comes the Company.* The Company upon hearing this were all inflamed. The Directors were on fire, and they were shocked at it ; and particularly at this donation to the army and navy. They resolved they would give it no countenance and support. In the meantime the gentlemen did not trouble their heads upon that subject, but meant to exact and get their 500,000/. as they could. Here was a third revolution bought at this amazing sum ; The xa-ab and this poor, miserable prince, dragged from Moorshedabad to Calcutta, dragged back from Calcutta to Moorshedabad, rit y- the sport of fortune and the plaything of avarice, this poor man is again set up and is left no authority his troops limited his person, everything, in a manner subdued * Revised copy. E 2 68 Opening of the Impeachment : iG FEB. 1788. a British Resident the master of his court. He is put up then as a pageant upon this throne, and left no kind of authority but what would be sufficient to give a countenance to presents, gifts and donations. That authority they always had when deprived of everything else. In that condition he was left. This revolution one would have thought might have satisfied [these gentlemen]* that the money that was got upon this would have be'en sufficient. No ! the partisans of Cossim All Khan wanted another ; the partisans of the other side wished to have something more done. Now they began to think that to depose him instantly and to sell him to another was much too much at that time ; especially as Cossim All Khan was a man of vigour and resolution, carrying on a fierce war against them. But what do you think they did ? They began to see, from the example of Saicoftiie Cossim Ali Khan, that the lieutenancy, the ministry of the ancy." Ki n g> was a good thing to be sold, and the sale of that might turn out as good a thing as the sale of the Prince. There were two persons at that time of great consideration in character of Bengal ; one a principal Mohammedan, called Mohammed Reza a Khan. Reza Khan, a man of great rank, much authority, great piety in his own religion, great learning in the law, of the very first class of rank of the Mohammedan nobility in the country. But at the same time, for all these considerations, he was dreaded, abhorred and feared, by the Nawab, who necessarily considered all such persons more intitled than himself and fitter for his seat. There was on the other side another Character of man, known by the name of the Great Raja Nundcomar. aar. rpj^ g ^^ ^^ accounted the highest of his caste, and held the same rank among the Gentus that Mohammed Reza Khan did among the Mohammedans. The prince upon the throne had no jealousy of Nundcomar, because he knew that as a Gentu he could not aspire to the office of subahdar. For that reason, he was attached to him firmly, he might depend completely upon his services, and he was naturally against Mohammed Reza Khan and the whole world. Mohammed Reza Khan dreaded him ; for he found there was a flaw in his own title, that if ever the question should come of the revival of the constitution of that empire he was a Sa'id, as they call it in that country, that is to say, a descendant of Mohammed, who, though the only acknow- ledged nobility among Mussulmans, is by that means ex- * Kevised copy. Speech of Mr. Burke. 69 eluded by the known laws of the Mogul empire from being IG FEB. 1733. subahdar in any of the Mogul provinces. Immediately an auction was opened Mohammed Reza Theoriiceof Khan bid largely ; Nundcomar bid largely. But the pre- *oid to 11 * ponderating merits of Reza Khan, and the subjection in which he was likely to keep the Nawab and make him fitter for their purpose, induced the Council to take his money, which amounted to about 200,0007. ; but be it what it may it was a large sum of money. In consequence of which, they invested or attempted to invest Mohammed Reza Khan with the office of naib subah. As to Nundcomar, they fell upon him. He fought his battle as well as he could, opposing bribe to bribe, eagle to eagle ; and as far as Mohammed Reza Khan bid on the one hand, Nundcomar bid on the other; but at length he was pushed to the wall. Some received his money ; others refused, as he states, to receive it. And a deputation was sent to the miscral Nawab to tear Nundcomar, his only support, from his side, and to put Reza Khan in his place. Thus began a division that split the Company into factions : but the smaller faction undoubtedly adhered to Nundcomar. In this struggle, that miserable man Jaffier Ali Death of the Khan, clinging as to the last pillar of support to Nundcomar, trembling at Mohammed Reza Khan, died. Considering Khan - himself in the jaws of death he fell at once, and perished a miserable victim to all the revolutions, to all the successive changes and versatile politics at Calcutta. In this manner that gigantic frame of a man for he was seven feet high oppressed with losses and distresses, fell at that battery. As soon as he fell, the same system continued. The succession was sold ; and the oldest of the issue of Mutiny The succcs- Begum a harlot, of whom you will hear much hereafter ? h e!dest was chosen. The offspring of Munny Begum, clinging, as jfunny his father did, to Nundcomar, they tore Nundcomar from his Begum. side, and carried him down to Calcutta ; where, having had the weakness in the first instance to become the first informer, he was the first to be made an example of ; for he was afterwards hanged by those incorrupt judges, who Hbexee* were sent to India by Parliament to protect the natives tlon> from oppression. Mohammed Reza Khan was then acknowledged Nawab, Mohammed the money paid, and this revolution completed, by which this new sale of the office of minister succeeded to the sale of that of Nawab. All these things shook the country : strides of * Cossim Ali 70 Opening of the Impeachment : ic FEB. 1788. and, as if that miserable, exhausted, country was to be cured KhaiTaiid by phlebotomy, Cossim Ali Khan was racking it below and orthe sti n tn e Company above. For Cossim Ali, after having been country. defeated by the great military genius of our country for the Adamses, Monroes, and others of that period, I believe showed as much military skill and bravery as any men fought every inch of his way, carrying out of the country three millions in money, jewels or effects, the exhaustions occasioned by his unheard-of exactions. He fought his way like a lion, turning his face to his pursuers. He still fought along his frontier, drawing along with him the subahdar of Oude. The Mogul entered into these wars, penetrating the lower provinces on one side, while Bulwant Sing, the Raja of Benares, entered them on another : and, after various changes of party and changes of fortune, that which began in the treachery of the civil service was redeemed by the hand of military merit. Many examples of the same sort have since been seen. Lord ciive But the Company, hearing of all these changes, hearing India by the of such an incredible body of perfidy, knowing that there ompany. wftg a g enera j mar k e t made of the country and of the Com- pany, that the flame of war spread from province to pro- vince, that in proportion as it spread the flame kindled, and that the rapacity which originally gave rise to it was follow- ing it in all its progress, the Company, my Lords, alarmed lest their very being should be destroyed, and finding them- selves sinking by every victory they obtained, thought it necessary to come to some settlement. After having com- posed their differences with Lord Clive, they sent him out to that country about the year 1765,* in order by his name, credit, authority and weight, in that country, to rectify the innumerable abuses which prevailed in it, and particularly presents to ^ at a ^ use which is the fundamental one of the whole, the be rectified, abuse of presents. For all these bribes, all these rewards, had not the name of conditions or stipulations, but of pre- sents ; they were gratuities given afterwards to the parties. They may give them what names they please, and your Lordships will think of them what you please, but they were the donations of misery to power, the gifts of wretchedness to the oppressors ; and, consequently, left neither property nor security in permanence to any person in the country. * Lord Clive was sent out as Governor and Commander-in-chief, and arrived at Calcutta in May, 1765. Speech of Mr. Burke. 7 1 Lord Clive went out with new covenants. He went out to put an end to the practice of receiving presents. He obje~ctspf himself had been a large receiver of them ; yet, as it was in the moment of a revolution, the Company would hear no more of it. They sent him out to reform. Whether they chose well or ill does not signify : I think, upon the whole, they chose well; because his name, authority and weight, would do a great deal. They sent him out to reform the grievances of that country, with such amazing powers as no servant of the Company ever had before. My Lords, I would not be understood here, in my own character, much less in my delegated character, to stand up for any man in the totality of his conduct. I think that some of the measures which Lord Clive took were injudicious, and that some of them cannot be defended. But I do say that the plan which he laid down and the course which he pursued were in general great and well imagined ; that he settled great foundations, if they had been adhered to- For he first took strong measures below to put an end to a great many of the abuses that prevailed in the country ; and then he went up and did, for a military man, an act which will ever have great civil and political merit he put a bound to the aspiring spirit of the Company he limited its conquests, and prescribed bounds to its ambition. " Quiet," says he, " the minds of the country ; and what you have obtained regulate within. Make it known to the country that you resolve to acquire no more." Accordingly he settled every prince that was concerned in a happy and easy settlement. He settled the He rein- subahdar of Oude, who had been driven from his dominions sub^Mar of by the military arms and the great military merit of the Otldc> British commander. He, with a generosity that astonished all Asia, reinstated this enemy of his country peaceably upon his throne ; which did more towards quieting the minds of the people of Asia than any act that had been ever done by the English before. For the Mogul, the head of the Mussulman religion there, and likewise of the empire, a head honoured and esteemed even in its ruins, he obtained recognition by all the persons that were concerned. He got Procures from him the diwani ; -which is the great, grand, period of ofBeng-af 1 the constitutional entrance of the Company into the affairs Mo^ hr of India. He quieted the minds of the people. He gave to Emperor. the settlement of Bengal a constitutional form and a legal right, acknowledged and recognised now for the first time 72 Opening of the Impeachment : 16 FEB. ires, by all the princes of the country, because given by the charter lutervcn- of the sovereign. He took care of Bulwant Sing, the liaja of behalf of the Benares, who had taken our part in the war. The Mogul had before granted us the superiority over Bulwant Sinvhich we are all subject. We may bite our chains if we will, but we shall be made to know ourselves, and be taught that man is born to be governed by law ; and he that will substitute will in the place of it is an enemy to God. This idea of arbitrary power has arisen from a gross con- fusion and perversion of ideas, which your Lordships well know how to distinguish and to separate. It does so happen, power from by the necessity of the case, that the supreme power in every penal prose- J \ T n , .' ,. L . . J country is not legally ana in any ordinary way subject to a penal prosecution for any of its actions : it is unaccountable. And it is not merely so in this country or that country, but in all countries. The King in this country is undoubtedly unaccountable for his actions. The House of Lords, if it should ever exercise God forbid I should suspect it would Speech of Mr. Burke. 81 ever do what it has never done ! but if it should ever abuse its judicial power, and give such a judgment as it ought not, whether from fear of popular clamour on the one hand, or predilection to the prisoner on the other, if they should abuse their judgments, there is no calling them to an account for it. And so, if the Commons should abuse their power, nay, if they should have been so greatly delinquent as not to have prosecuted this offender, they could not be accountable for it. There is no punishing them for their acts, because they exercise a part of the supreme power. But are they less criminal, less rebellious against the Divine Majesty ? Are they less hateful to mm, whose opinions they ought to cultivate as far as they are just? No ! Till society fall into a state of dissolution, they cannot be accountable for their acts. But it is from confounding the unaccountable cha- racter, inherent to the supreme power, with arbitrary power, that all this confusion of ideas has arisen. If, my Lords, you were to suppose an arbitrary power, which Further ar- I deny totally and your Lordships will be the first and ^nstlrbi- proudest to deny it, when absolute supreme dominion was trary P wer - never given nor conferred and delegated from you but if you suppose such a thing, I will venture to say that an intermediate arbitrary power, where the people below are subject to its possessor, but he is irresponsible to the power above, is a monster that never existed except in the wild imagination of some theorist. It cannot be, because it is a perversion of the principle that that power which is given for the protection of the people below should be responsible to the power above. It is to suppose that the people shall have no laws with regard to him, yet, when he comes to be tried, he shall claim the security of those laws that are made to secure the people from his violence ; that he shall claim a fair trial, an equitable hearing, every advantage of counsel God forbid he should not have them ! yet that the people under him shall have none of those advantages. My Lords, I will venture to say of the governments of Govern- A ,1 PI ii i . T nientsof Asia that none or them ever had an arbitrary power ; and Asia not if any government had an arbitrary power they cannot delegate ar it to any persons under them ; that is, they cannot so delegate it as not to leave them accountable upon the principles upon which it was given. As this is a contradiction in terms, a gross absurdity as well as a monstrous wickedness, let me say, for the honour of human nature, that although undoubtedly, we may speak it with pride of England, 82 Opening of the Impeachment: e FEB. 1788. we have better institutions for the preservation of the rights of men than any other country in the world, yet I will venture to say that no country has wholly meant, or ever meant, to give up this power. I am to speak of Oriental governments, and I do insist upon it that Oriental governments know nothing of this arbitrary power. I have taken as much pains as I can to- examine into the constitutions of them. I have been endeavouring to inform myself at all times to a certain degree ; of late my duty has led me to a more minute inspection of them ; and I do challenge the whole race of man to show me any of the Oriental governors claiming to themselves a right to act by arbitrary will. Mohammed- My Lords, the greatest part of Asia is under Mohammedan an govern- J rp -. T , , mentre- governments, lo name a Mohammedan government is to iaw; ine y name a government bylaw. It is a law enforced by stronger sanctions than any law that can bind an European sovereign, exclusive of the Grand Seignior. The law is given by God, and it has the double sanction of law and of religion, with which the prince is no more to dispense than anyone else. Arbitrary And, if any man will produce the Kuran to me, and will but power not , . r . . , authorised show me one text in it that authorises m any degree an jfuran. arbitrary power in the government, I Avill declare that I have read that book and been conversant in the affairs of Asia, to a degree in vain. There is not such a syllable in it ; but, on the contrary, against oppressors by name every letter of that law is fulminated. There are interpreters to explain that law ; I mean that great priesthood established through- out all Asia, whom they call men of the law. These men are conservators of the law ; and, to enable them to preserve it to perfection, they are secured from the resentment of the sovereign ; for he cannot touch them. A man of the law is secured and indemnified against the sovereign, acting, executive, power. Government My Lords, to bring this point a little nearer home, since peror ofTiie we are challenged thus, since we are led into Asia, since we are called upon to make out our case on the principles of the governments there rather than of those here which I trust your Lordships will oblige Mr. Hastings finally to be governed by, puffed up as he is with the insolence of Asia the nearest to us of the governments he appeals to is the government of the Grand Seignior, the Emperor of the Turks. He an arbitrary power ! Why he has not the supreme power of his country. Every one knows that the Grand Speech of Mr. Burke. 83 Seignior is exalted high in titles, as our prerogative lawyers i6FEB.i788. exalt an abstract sovereign, and they cannot exalt him too high in our books ; but I say he misses the first character of sovereign power he cannot lay a tax upon his people. The next part in which he misses of a sovereign power is, that he cannot dispose of the life, of the property or of the liberty, of any of his subjects, but by what is called the fat\va, or sentence of the law. He cannot declare peace or war without the same sentence of the law ; so much is he, more than European sovereigns, a subject of strict law, that he cannot declare war or peace without it. Then, if he can neither touch life nor property, if he cannot lay a tax upon his subjects, or declare peace or war, I leave it to your Lordships to say whether he can be called, according to the principles of that constitution, an arbitrary power. A Turkish sovereign, if he should be judged by the body of that law to have acted against its principles unless he happens to be secured by a faction of the soldiery is liable to be deposed upon the sentence of that law ; and his successor comes in under the strict limit- ations of the ancient law of that country. Neither can he bold his place, dispose of his succession, or take any one step whatever, without being bound by law. So far, I say, when gentlemen talk of the affairs of Asia, as to the nearest of Asiatic sovereigns ; and he is more Asiatic than European. He is a Mohammedan sovereign ; and no Mohammedan is born who can exercise any arbitrary power at all agreeably to their constitution : and that magistrate who is the greatest executive power among them is the person who is by the constitution of the country the most fettered by law. Corruption is the true cause of the loss of all the benefits corruption of the constitution of that country. The practice of Asia, me^u" as the gentleman at your bar has thought fit to say, is what Asia - he holds to; the constitution he flies away from. Undoubtedly much blood, murder, false imprisonment, much peculation, cruelty and robbery, are to be found in Asia ; and if, instead of going to the sacred laws of the country, Mr. Hastings chooses to go to. the iniquitous practices of it, and practices authorised only by public tumult, contention, war and riot, he will find as clear an. acquittal in the practices as he would find condemnation in the institutions. But if keXr.HMt- disputes, as he does, the authority of an act of Parliament, n^j^ttflwi let him state to me that law to which he means to be subject, b >' an - v lav> '- or any law which he knows that will justify his action?. I am not authorised to say that I shall, even in that case, F 2 84: Opening of the Impeachment: ic FEB. 1788. give up what is not in me to give up; because I represent an authority of which I must stand in awe ; but, for myself, I shall confess that I am brought to public shame and am not fit to manage the great interests committed to my charge before your Lordships. I therefore say of that government which we best know, which has been constituted more in obedience to the laws of Mohammed than any other, that the sovereign cannot, agreeably to that constitution, exercise any arbitrary power whatever. pica of the The next point for us to consider is, whether or no the sanction of .. - t . T1 . . . ._, arbitrary constitution ot India authorises that power. Ihe gentleman thcconststu- at your Lordships' bar has thought proper to say that it will imUa f be happy for India [the inhabitants of Asia] though soon after he tells you it is a happiness they can never enjoy " when the despotic institutes of Genghis Khan, or Tamer- lane, shall give place to the liberal spirit of a British legisla- ture ; and," says he, " I shall be amply satisfied in my present prosecution, if it shall tend to hasten the approach of an event so beneficial to the great interests of mankind."' My Lords, you have seen what he says about an act of Par- liament. Do not you now think it rather an extraordinary thing that any British subject should, in vindication of the authority which he has exercised, quote here the names and institutes, as he calls them, of those men who were the scourges of mankind whose power was a power which they held by great [brute?] force? institutes As to the institutes of Genghis Khan, which he calls of Genghis . . i V>? . i , 111 'ii Khan. institutes, I never saw them. If he has that book he will oblige the public by producing it. I have seen a book exist- ing called Yassaf of Genghis Khan ; the other I never saw. If there be any part of it to justify arbitrary power, he will produce it. But if we may judge by those ten precepts of Genghis Khan that we have, there is not a shadow of arbi- trary power to be found in any one of them. Institutes of arbitrary power ! Why if there is arbitrary power there can be no institutes. This unknown book of Genghis Khan, which Mr. Hastings says contains arbitrary institutes, I have not * " The Minutes of what "was offered by Warren Hastings, Esquire, at the Ear of the House of Commons, upon the matter of the several Charges of High Crimes and Misdemeanours presented against him in the year 1786." Printed for Debrett, 8vo., 1788, p. 97. f Fragments of the Code of Genghis Khan are printed, in Persian, -with a French translation hy M. Langles, in the " Notices et Extraits des Manuscrits de la Bibliothcque du Roi," vol. v., p. 205. Speech of Mr. Burke. 85 yet seen; but it seems to be one of the books which lie w FEB. nss. quotes and approves. With regard to the institutes of Tamerlane, here they are Eulogy of in their original, and here is a translation. I have carefully tutesof" read every part of those institutes ; and if any one shows Tamcrlane - me one word in them in which the prince claims in himself arbitrary power, I shall for my own part confess I have brought myself to great shame. There is no book in the world, I believe, which contains nobler, more just, more manly, more pious, principles of government than this book called the Institutes of Tamerlane : nor is there one word of arbitrary power in it, much less of that arbitrary power which Mr. Hastings supposed himself justified by ; namely, a delegated, subordinate, arbitrary power. So far are those great princes from permitting this gross, violent, arbitrary, power, that I will venture to say the chief thing by which they have recommended themselves to posterity was a most direct declaration of all the wrath, indignation and powers, of the government against it. This, my Lords, is a legacy left to posterity by the great Recital of T7 rr, i * J J J theinsti- Jiiinperor lamerlane*: tutesof Tamerlane. " Be it known to my fortunate sons, the conquerors of kingdoms, to my mighty descendants, the lords of the earth, that, since I have hope in Almighty God, that many of my children, descendants and posterity, shall sit upon the throne of power and regal authority ; upon this account, having established laws and regulations for the well-governing of my dominions, I have collected together those regulations and laws as a model for others ; to the end that every one of my children, descendants and posterity, acting agreeably thereto, my power and empire, which I acquired through hardships, and difficulties, and perils, and bloodshed, by the Divine favour, and by the influence of the holy religion of Mahummud (God's peace be upon him !), and with the assistance of the powerful descendants and illustrious followers of that prophet, may be by them preserved. And let them make these regulations ths rule of their con- duct in the affairs of their empire, that the fortune and the power which shall descend from me to them may be safe from discord and dissolution. Now therefore be it known to my sons, the fortunate and the illustrious, to my descendants, the mighty subduers of kingdoms, that in like manner as I by twelve maxims, which I established as the rule of my conduct, attained to regal dignity, and with the assistance of these maxims con- quered and governed kingdoms, and decorated and adorned the throne of my empire, let them also act according to these regulations, and preserve * The institutes of Tamerlane had been printed, in an English version, a few years before the period of the trial, under the following title : "Institutes, Political and Military, written originally in the Mogul Language by the great Timur ; first translated into Persian by Abou-Taulib-Al-Husseini ; and thence into English by Major Davy ; with the original Persian." Oxford, Clarendon Press, 1783, 4to. The quotation is from the second book, p. 157. Opening of the Impeachment : Recital of the insti- tutes of Tamerlane cont. 16 FEB. 1788. the splendour of mine and their dominions. And, among the rules which I established for the support of my glory and empire, the first was this that I promoted the worship of Almighty God, and propagated the religion of the sacred Mahummud throughout the world ; and at all times and in all places, supported the true faith. " Secondly ; with the people of the twelve classes and tribes I conquered and governed kingdoms, and with them I strengthened the pillars of my fortune, and from them I formed my assembly. " Thirdly ; by consultation, and deliberation, and provident measures, by caution and by vigilance, I vanquished armies, and I reduced kingdoms to my authority. And I carried on the business of my empire by com- plying with times and occasions, and by generosity, and by patience, and by policy ; and I acted with courteousness towards my friends and towards my enemies. " Fourthly; by order and by discipline I regulated the concerns of my government ; and by discipline and by order I so firmly established my authority, that the ameers and the viziers, and the soldiers, and the subjects, could not aspire beyond their respective degrees, and every one of them was the keeper of his own station. " Fifthly; I gave encouragement to my ameers, and to my soldiers, and with money and with jewels I made them glad of heart ; and I permitted them to come into the banquet ; and in the field of blood they hazarded their lives. And I withheld not from them my gold nor my silver. And I educated and trained them to arms. And to alleviate their sufferings I myself shared in their labours and in their hardships, until with the arm of fortitude and resolution, and with the unanimity of my chiefs, and my generals, and my warriors, by the edge of the sword I obtained possession of the thrones of seven and twenty Kings ; and became the King and the ruler of the kingdoms of Eraun, and of Tooraun ; and of Room, and of Mughrib, and of Shaum; and of Missur, and of Erauk-a-Arrub, and of Ajjum ; and of Mauzinduraun. and of Kylaunaut ; and of Shurvaunaut, and of Azzurbauejaun ; and of Fauris, and of Khorausaun; and of the Dusht of Jitteh, and the Dusht of Kipchauk; and of Khauruzm, and of Khuttun, and of Kauboolistaun ; and of Hindostaun, and of Bauktur Zemeen. And when I cloathed myself in the robe of empire, I shut my eyes to safety, and to the repose which is found on the bed of ease. And from the twelfth year of my age I travelled over countries and com- bated difficulties, and formed enterprises and vanquished armies; and experienced mutinies amongst my officers and my soldiers, and was familiarised to the language of disobedience; and I opposed them with policy and with fortitude, and I hazarded my person in the hour of danger, until in the end I vanquished kingdoms and empires, and established the glory of my name. " Sixthly ; by justice and equity I gained the affections of the people of God ; and I extended my clemency to the guilty as well as to the innocent ; and I passed that sentence which truth required ; and by benevolence I gained a place in the hearts of men ; and by rewards and punishments I kept both my troops and my subjects divided between hope and fear. And I compassionated the lower ranks of my people, and those who were distressed. And I gave gifts to the soldiers. And I delivered the oppressed from the hand of the oppressor; and after proof of the oppression, whether on the property or the person, the decision which I passed between them was agreeable to the sacred law. And I did not cause any one person to suffer for the guilt of another. Those who had done me injuries, who had attacked my person in battle, Speech of Mr. Burke. 87 and had counteracted my schemes and enterprises, when they threw 16 FEB. 1788. themselves on my mercy, I received them with kindness ; I conferred on .T~r . them additional honours, and I drew the pen of oblivion over their evil the insti- actions ; and I treated them in such sort, that, if suspicion remained in tutesof their hearts, it was plucked out entirely. " Seventhly; I selected out, and treated with esteem and veneration, the posterity of the Prophet, and the theologians, and the teachers of the true faith, and* the philosophers, and the historians. And I loved men of courage and valour; for God Almighty loveth the brave. And I associated with good and learned men ; and I gained their affections, and I entreated their support, and I sought success from their holy prayers. And I loved the dervishes and the poor; and I oppressed them not ; neither did I exclude them from my favour. And I permitted not the evil and the malevolent to enter into my council; and I acted not by their advice ; and I listened not to their insinuations to the pre- judice of others. " Eighthly ; I acted with resolution ; and on whatever undertaking I resolved, I made that undertaking the only object of my attention ; and I withdrew not my hand from that enterprise until I had brought it to a conclusion. And I acted according to that which I said. And I dealt not with severity towards any one ; and I was not oppressive in any of my actions ; that God Almighty might not deal severely towards me, nor render my own actions oppressive unto me. And I inquired of learned men into the laws and regulations of ancient princes, from the days of Adam to those of the Prophet, and from the days of the Prophet down to this time. And I weighed their institutions, and their actions, and their opinions, one by one ; and from their approved manners, and their good qualities, I selected models. And I inquired into the causes of the subversion of their power ; and I shunned those actions which tend to the destruction and overthrow of regal authority. And from cruelty and from oppression, which are the destroyers of posterity, and the bringers of famine and of plagues, I found it was good to abstain. " Ninthly ; the situation of my people was known unto me ; and those who were great among them I considered as my brethren ; and I regarded the poor as my children. And I made myself acquainted with the tempers and the dispositions of the people of every country, and of every city. And I contracted intimacies with the citizens, and the chiei's, and the nobles ; and I appointed over them governors adapted to their manners, and their dispositions, and their wishes. And I knew the circumstances of the inhabitants of every province. And in every kingdom I appointed writers of intelligence, men of truth and integrity, that they might send me information of the conduct, and the behaviour, and the actions, and the manners, of the troops and of the inhabitants, and of every occurrence that might come to pass amongst them. And if I discovered aught contrary to their information, I inflicted punishment on the intelligencer. And every circumstance of cruelty and oppression in the governors, and in the troops, and in the inhabitants, which reached my ears, I chastised agreeably to justice and equity. " Tenthly ; whatever tribe, and whatever horde, whether Toork, or Taucheek, or Arrub, or Ajjum, came in unto me, I received their chiefs with distinction and respect, and their followers 1 honoured according to their degrees and their stations ; and to the good among them I did good, and the evil I delivered over to their evil actions. And whoever attached himself unto me, I forgot not the merit of his attachment, and I acted towards him with kindness and generosity; and whoever had rendered me 88 Opening of the Impeachment: Recital of the insti- tutes of Tamerlane cant. 16 FEB. 1783. services, I repaid the value of those services unto him. And whoever had been m y enem y> an( l was ashamed thereof, and flying to me for protection humbled himself before me, I forgot his enmity, and I purchased him with liberality and kindness. In such manner Share Behraum, the chief of a tribe, was along with me. And he left me in the hour of action; and he united with the enemy, and he drew forth his sword against me. And at length my salt, which he had eaten, seized upon him ; and he again fled to me for refuge, and humbled himself before me. As he was a man of illustrious descent, and of bravery, and of experience, I covered my eyes from his evil actions; and I magnified him, and I exalted him to a superior rank, and I pardoned his disloyalty in consideration of his valour. "Eleventhly; my children, and my relations, and my associates, and my neighbours, and such as had been connected with me, all these 1 distin- guished in the days of my fortune and prosperity, and I paid unto them, their due. And with respect to my family, I rent not asunder the bands of consanguinity and mercy; and I issued not commands to slay them or to bind them with chains. And I dealt with every man, whatever the judgment I had formed of him, according to my own opinion of his worth. As I had seen much of prosperity and adversity, and had ac- quired knowledge and experience, I conducted myself with caution and with policy towards my friends, and towards my enemies. " Twelfthly ; soldiers, whether associates or adversaries, I held in esteem ; those who sell their permanent happiness to perishable honour, and throw themselves into the field of slaughter and battle, and hazard their lives in the hour of danger. And the man who drew his sword on the side of my enemy, and committed hostilities against me, and preserved his fidelity to his master, him I greatly honoured. And when such a man came unto me, knowing his worth, I classed him with my faithful associates, and 1 respected and valued his fidelity and his attachment. And the soldier who forgot his duty and his honour, and in the hour of action turned his face from his master and came in unto me, I considered as the most detestable of men. And, in the war between Touktummish Khaun, his ameers forgot their duty to Touktummish, who was their master and my foe, and sent proposals and wrote letters to me, and I uttered execra- tions upon them, because, unmindful of that which they owed to their lord, they had thrown aside their honour and their duty, and came in unto me. I said unto myself, What fidelity have they observed to their liege lord? What fidelity will they show unto me? And behold it was known unto me by experience that every empire which is not established in morality and religion, nor strengthened by regulations and laws, from that empire all order, grandeur and power, shall pass away. And that empire may be likened unto a naked man, who, when exposed to view, commandeth the eye of modesty to be covered ; and it is like unto a house which hath neither roof, nor gates, nor defences, into which who- ever willeth may enter unmolested. Therefore I established the founda- tion of my empire on the morality and the religion of Islaum ; and by regulations and laws I gave it stability. And by laws and by regulations I executed every business, and every transaction that came before me in the course of my government." My Lords, I need not read any further, or I might show your Lordships the noble principles, the grand, bold and manly, maxims, the resolution to abstain from oppression Speech of Mr. Burke. 89 himself and to crush it in every governor, which are to be 16FEB.1788. found in this book, which Mr. Hastings has thought proper to resort to as containing what he calls arbitrary prin- ciples. But it is not here only that I must do justice to the Morality of East. I assert that their morality is equal to ours as regards thelast? ir the morality of governors, fathers, superiors ; and I challenge the world to show, in any modern European book, more true morality and wisdom than is to be found in the writings of Asiatic men in high trusts, and who have been counsellors to princes. This is to be set against that geographical morality to which I have referred. My Lords, I have here a matter of fact, attested by a tra- Punishment veller of power and consequence, which is very material at governors. 8 this point ; for it shows 1 that, in almost all the instances in which the princes of the country have used any of those cruel and barbarous executions which make us execrate them, it has been upon governors who have abused their trust ; and that this very Oriental authority to which Mr. Hastings appeals would have condemned him to dreadful punishment. I thank God, and I say it from my heart, that even for his enormous offences there neither is, nor can be, anything like such punishments. God forbid that we should not as much detest out of the way, mad, furious and unequal, punishments, as we detest enormous and abominable crimes ! Because a severe punishment for a crime of a light nature is as bad and iniquitous as the crime which it pretends to punish. As the instances to which I refer are so curious, and as they go to the principles of Mr. Hastings' Defence, I shall beg to mention them. The first is the case of a governor who did what Mr. instances Hastings says he has a power delegated to him to do ; he referred to - levied a tax without the consent of his master: " Some years after my departure from Com" (says Tavernier*) "the governor had, of his own accord, and without any communication with the King, laid a small impost upon every pannier of fruit brought into the city, for the purpose of making some necessary reparations in the walls and bridges of the town. It was towards the end of the year 1632 that the event I am going to relate happened. The King, being informed * " Voyages en Turquie, en Perse, et aux Indes," de Bernier Jean Bap- tiste Tavernier: translated into English by J. P[hillips], under the title " A Collection of the Travels of other great Men through Turkey into Persia and the East Indies, for the space of Forty Years ; -with his relation of the Kingdom of Turkey." London, 2 vols. folio, 1684. Book I., chap. 6, p. 30. 90 Opening of the Impeachment : ifi FEB. 1788. of the impost which the governor had laid upon the fruit, ordered him to be brought in chains to court. The King ordered him to be exposed to the people at one of the gates of the palace ; then he commanded the son to pluck off the mustachios of his father, to cut off his nose and ears, to put out his eyes, and then to cut off his head. The King then told the son to go and take possession of the government of his father ; saying, * See that you govern better than this deceased dog, or thy doom shall be a death more exquisitely tormenting.' ' : My Lords, you are struck with horror, I am struck with horror, at this punishment. I do not relate it to approve of such barbarous punishment ; but to prove to your Lordships that, whatever power the princes of that country have, they are jealous of it to such a degree that if any of their gover- nors should levy a tax, even the most insignificant and for the best purposes, he meets with a cruel punishment. I do not justify the punishment ; but the greatness of it shows ho\v little of their power the princes of that country mean to delegate to their servants, which the gentleman at your bar says is delegated to him. There is another case, a very strong one, and that is the case of presents, which I understand is a custom admitted throughout Asia in all their governments. It was of a person who was raised to a high office. No business was suffered to come before him without a previous present : " One morning, the King being at this time on a hunting party, the Nazar came to the tent of the King, but was denied entrance by the meter or master of the wardrobe. About the same time the King came forth, and seeing the Nazar, commanded his officers to take off the bonnet from the head of that dog that took gifts from his people ; and that he should sit three days bareheaded in the heat of the sun, and as many nights in the air. Afterwards he caused him to be chained about the neck and arms, and condemned him to perpetual imprisonment, with a ma- moudy a day for his maintenance ; but he died for grief within eight days after he was put in prison." * Punishment Do I mean, in reading this to your Lordships, to approve tfce h of r^* either of the cruelty of the punishment or the coarse bar- sents 1 fn prc " k ar i sm ^ tne language ? Neither one nor the other. I pro- Asia, duce it to your Lordships to prove to you, even from this example, the horror which that government feels when any person subject to it shall assume to himself to receive presents. The cruelty and severity of these cases is not levelled at the poor, unfortunate, people who complain at their gates, but, to use their barbarous expressions, to dogs that * Tavernier's " Travels through Turkey into Persia, &c." Book V., chap. 5, p. 210. Speech of Mr. Burke. 91 take presents. God forbid I should use that language ! The people, when they complain, are not called dogs and sent away, but the governors, who take presents of the people, they are called dogs, and treated in that cruel manner. I quote this case to show that no governors in the East, upon -any principle of their constitution, or any good practice of their government, can receive presents. And when they escape, it is by bribery, by corruption, by forming for themselves factions in the seraglio, in the country, in the army, in the divan. But how they escape such punishments is not my business. It is enough for me that the constitution disavows them, that the princes of the country disavow them, that they treat them with the most horrible expressions and dreadful punishments when they are called to answer for these things. Thus much concerning the laws of Asia. That the people of Asia have no laws, rights or liberties, is a doctrine that is to be disseminated wickedly through this country. But every Mohammedan government, as I before stated, is, by its principles, a government of law. I shall now state that it does not and cannot, from what is known of the govern- ment of India, delegate (as Mr. Hastings has frequently declared) the whole of its powers and authority to him. If the governments are absolute, as they must be, in the supreme power they ought to be arbitrary in none they were, however, never absolute in any of their subordinate parts ; and I will prove it by the known provincial consti- Provincial tutions of Hindustan, which show that their power is never tkmsof " delegated ; by the proof that they are all descended of Mo- Hindustan, hammedans, under a law as clear, as explicit and as learned, as ours. The first foundation of their law is the Kuran. The next part is the fatwa, or adjudged cases by proper authority, well known there. The next is the written interpretation of the principles of jurisprudence ; and their books are as numerous upon the principles of jurisprudence as in any country in Europe. The next part of their law is what they call the kanun, which is equivalent to acts of Parliament, being the law of the several powers of the country, taken from the Greek word xavwv, which was brought into their country, and it is well known. The next is the rawaj-ul-mulk, the common law or custom of the king- dom, equivalent to our common law. Therefore they have laws from more sources -than we have, exactly in the same 92 Opening of the Impeachment : Power dis- tributed. 16 FEB^ITSS. order, grounded upon the same authority, fundamentally fixed to be administered to the people upon these principle?. The next thing to show is, that, having this law, they have sub-delegated their power by parcels, and have not dele- gated the whole of it to any one man, who therefore cannot exercise it. In every province, the first person is the subah- dar or viceroy. He has the military power, and the admi- nistration of criminal justice only. Then there is the diwan or high steward. He has the revenue and all exchequer causes under him, to be governed according to the laws and customs and institutions of the kingdom. The law of inheritances, successions, and everything that relates to them, is under the kazi, who judges in his court. But there is another sub-division ; that is to say, the kazi cannot judge without having two muftis along with him. And though there is no appeal, properly, in the Moham- medan law, yet if they do not agree with him the cause is removed ; it is transferred to the general assembly, that is, the whole legal body united, consisting of all the men of law in the kingdom. There are also, I will venture to say, other divisions and sub-divisions ; for there are the kanungoes in the country, who hold their places for life, to be the conser- vators of the canons, customs and good usages, in the country. All these, as well as the kazi and the mufti, hold their places and situations, not during the wanton pleasure of the prince, but upon permanent and fixed terms for life. These powers of magistracy, revenue and law, are all different, and consequently are not delegated in the whole to any one. I say therefore that Mr. Hastings has no refuge there. Let him run from law to law; let him fly from the common law, and the sacred institutions of the country in which he was born ; let him fly from acts of Parliament, from which his power originated ; let him plead his igno- rance of them or fly in the face of them. Will he fly to the Mohammedan law ? That condemns him. Will he fly to the high magistracy of Asia to defend the taking of presents ? The Padshah* and the Sultan would condemn him to a cruel death. Will he fly to the Sophis, to the laws of Persia, or to the practice of those monarchs ? Oh ! I cannot say the unutterable things that would happen to him if he was to govern there. Let him fly where he will, from law to law ; law, thank God, meets him everywhere ; and the practice of Xo prece- dent for arbitrary power in any govern ments. * The king. Speech of Mr. Burke. 93 the most impious tyrants which he quotes cannot justify his IGFEB.ITSS. conduct. I would as willingly have him tried upon the law of the Kuran, or the institutes of Tamerlane, as upon the common law or the statute law of this kingdom. My Lords, the next question is, whether the Gentu laws Arbitrary justify arbitrary power ; and if Mr. Hastings finds any sane- ^ctioned tuary there, he shall take sanctuary with the cow in the j^* 11 * pagoda. The Gentus have a law, accurately written, positively proscribing in magistrates any idea of will ; a law with which, or rather with extracts of which, that gentleman has himself furnished us. These people are governed, not by the arbitrary power of any one, but by laws and insti- tutions in which there is the substance of a whole body of equity, diversified by the manners and customs of the people, but having in it that which makes law good for anything, a substantial body of equity and great principles of jurispru- dence, both civil and criminal. I am ready to say that there are very few books, if we were to take them by a small body of extracts, that would exceed that book. I have given your Lordships some instances of Tamerlane's mode of pro- ceeding; but everything that Mr. Hastings has done, I believe, would be as severely punished as it is directly pro- scribed by the law of Tamerlane. In short, follow him where you will ; Jet him have eastern or western law ; you find everywhere arbitrary power and peculation of governors proscribed and horribly punished more so than I should ever wish to punish any human creature. If this then is the case, as I hops and trust it will be proved to your Lordships that there is law in these countries, that there is no dele- gation of power which exempts a governor from the law then, I say, at any rate a British governor is to answer for his conduct, and cannot be justified by wicked examples and bad practices. Another thing that Mr. Hastings says is, that he was left ? Ir - , H ^ to himself to govern himself by his own practice ; that is to that hV say, when he had taken one bribe he might take another; gwern when he had robbed one man of his property, he might rob p another ; when he had imprisoned one man arbitrarily and extorted money from him, he might do so by another. He resorts at first to the practice of barbarians and usurpers, at last he comes to his own. Now if your Lordships will try him upon those maxims and principles, he is clear ; for there is no manner of doubt that there is nothing he has practised 94 Opening of the Impeachment : iG FEB. 1788. ones which lie has not practised again; and then the repe- tition of crimes becomes the means of his indemnity. His plea of But, my Lords, he has given another softening to this lce ' business. He says, and with a kind of triumph, that the ministry of this country have great legal assistance ; the lights of the commerce of the greatest commercial city in the world ; the greatest generals and officers to guide and direct them in military affairs ; " whereas I, poor man, was sent almost a schoolboy from England, or at least little better, to find my way in that new world as well as I could." Such a declaration would in some measure suit persons who had acted much otherwise than Mr. Hastings. When a, man pleads ignorance in justification of his conduct, it ought to be an humble, modest, unpresuming, ignorance ; an ignorance which may have made him lax and timid in the exercise of his duty ; but a bold, presuming, dogmatic, fero- cious, active, ignorance is itself a crime ; and the ignorance upon which it is founded aggravates the crime. Mr. Has- tings, if by ignorance he left some of the Directors' orders unexecuted because he did not understand them, might well say, I was an ignorant man, and these things were above my capacity. But when he understands them, and when he declares he will not obey them, positively and dogmatically ; when he says, as he has said, and we shall prove it, that he never succeeds better than when he acts in an utter defiance of those orders ; I believe this will not be thought the lan- guage of an ignorant man. But I beg your Lordships' pardon ; it is the language of an ignorant man ; for no man who was not full of a bold, determined, wicked, ignorance, 3ould ever think of such a system of defence. He quitted Westminster school almost a boy. We have reason to regret that he did not finish his education in that seminary which has given so many lights to the church and ornaments to the state. Greatly have we to lament that he did not go to one of the universities where arbitrary power will I hope never be heard of; but the trus principles of religion, of liberty and law, will ever be inculcated instead of studying in the school of Cossim AH Khan. If he had lived with us, he would have quoted the ex- ample of Cicero in his government ; he would have quoted several of the sacred and holy prophets, and made them his example. But he quotes every name of barbarism, tyranny and usurpation, that is to be found ; and "from these," . Speech of Mr. Burke. 95 he says, " from the practice of one part of Asia or other, have I taken my rule/' But your Lordships will show him that, in Asia as well as in Europe, the same law of nations prevails, the same principles are continually resorted to, and the same maxims sacredly held and strenuously maintained ; and however disobeyed, no man suffers from the breach of them that does not know how to complain of that breach; that Asia is enlightened in that respect as well as Europe ; but, if it was totally blinded, that England would send out governors to teach them better ; and that he must justify himself to the piety, the truth, the faith, of England, and not justify himself by having recourse to the barbarous tyranny of Asia, or any other part of the world. I will go further with Mr. Hastings, and admit that, if there is a boy in the fourth form of Westminster school, or any school in England, who does not know, when these Articles are read to him, that Mr. Hastings has been guilty of gross and enormous crimes, he may have the shelter of his present plea, so far as it will serve him. There are none of us, thank God ! so uninstructed, who have learned our catechisms or the first elements of Christianity, who do not know that such conduct is not to be justified. There is another topic which Mr. Hastings takes uppieaof more seriously, and as a general rebutter to the charge. Says he : " After a great many of these practices with which I am charged, Parliament appointed me to my trust, and consequently has acquit- ted me." Has it, my Lords ? I am bold to say that the Commons are wholly guiltless of this charge. If they had re-appointed him to a great public trust, after they had known of his enormities, after they had had them before them, they would have participated in the guilt with him, and the public would have great reason to reprobate their conduct ; and I admit that, if that were the case, there would be an indecorum in prosecuting him. But the House of Commons stand before your Lordships without shame ; because they know that these crimes never were brought and proved before them. No ; they lay buried in the records of the Company. Perhaps if we had examined them strictly, as we ought, Mr. Hastings would not have been re-appointed to that trust ; but if any one will show any part of the charge proved before the House of Commons we will take that part of the shame. My Lords, at the time Mr. Hastings was re-appointed we 96 Opening of the Impeachment : ie FED. 1788. had not any knowledge of these transactions. Since they came to our knowledge we never ceased to attack, to con- demn and prosecute, them, and, as far as legal power was in us, to call him home to answer for them. Therefore we are as free from indecorum as from breach of duty in appointing such a person. But, even if that which he states were true, it does not rebut the greatest part of this charge; for a great number of these enormities and wickednesses were committed since his last appointment. But, supposing it were true, think of the audacity of a man Avho will fly in the face of his country and say " You trusted me when you ought not, therefore you are obliged to carry me through this matter, it being your own act." No ; we return it upon him and say " It is not our own act ; the wickedness was yours, the trust was yours. And if we, in a moment of inad- vertence, or even from a breach of our duty, by neglect, appointed you, that ought to have been a lesson to you to forbear from those crimes on account of our lenity." .But no ; he has made use of that trust to redouble all those crimes and offences from the moment of his appointment to the moment of quitting that country, as I hope we shall be able to prove fully before your Lordships. approval by My Lords, we have now gone through most of the general pany m " topics. But Mr. Hastings says he has had the thanks and approbation of the India Company for his services. We know too well here, I trust the world knows, and you will always assert, that a pardon from the Crown cannot bar the impeachment of the Commons, much less a pardon of the East India Company ; though it may involve them in guilt, which might induce us to punish them for such a pardon. The East India Company, it is true, have thanked him. They ought not to have done it, and it is a reflection upon their character that they did it. But if you come to this gentle- man's actions, they are all, every one, censured one by one as they arise. I do not recollect any one transaction, few there are I am sure, in the whole body of that train of crimes which is now brought before you for your judgment, in which the India Company have not censured him. Then if for any fresh reasons they come and say, " We thank you, sir, for all your services," to that I answer, " Yes, and I would thank him for his services too if I knew them ; but I do not : perhaps they do. Let them thank him for those services. I am ordered to prosecute him for these crimes." Here, therefore, we are upon a balance with the India Com- Speech of Mr. Burke. 97 pany, and your Lordships may perhaps think it some addition to his crimes that he has found means to obtain the thanks of the India Company for the whole of his conduct, at the same time that their records are full of constant, uniform, censure and reprobation of every one of those acts for which he now stands accused. He says also that there is the testimony of Indian Testimony princes in his favour. But do we not know ho\v seals are pri^cestn obtained in that country? Do we not know how those " is favour - princes are imposed upon ? Do we not know the subjection and thraldom in which they are held ; and that they are obliged to return thanks for the sufferings which they have felt i* I believe your Lordships will think that there is not, with regard to some of these princes, a more dreadful thing that can be said of them than that he has obtained their thanks. I understand he has obtained the thanks of the miserable Princesses of Oude, whom he has cruelly impri- soned, whose treasure he has seized, and whose eunuchs he has tortured. These native princes thank him for going away. They thank him for leaving them the smallest trifle of their subsistence ; and I venture to say, if he wanted a hundred more panegyrics upon him, provided he never came again among them, he might have them. I understand that Madajee Scindia has made his panegyric too.* Madajee Scindia has not made his panegyric for nothing ; for, if your Lordships will suffer Mr. Hastings to enter into such a justifi- cation, we will prove that he has sacrificed the dignity of this country and all its allies to that prince. We attack him neither with panegyrics nor with satire. It is for substantial crimes that we bring him before you. We bring him before you for having cruelly injured persons in India ; and, when we prove that he has cruelly injured them, you will think the panegyrics either gross forgeries or most miserable aggravations of his offences, since they show the dreadful state into which he has driven those people. For, let it be proved that I have cruelly robbed and treated any persons, and then I produce a certificate from them of my good behaviour ; would not that be a corroborative proof of the terror that those persons are thrown into by my behaviour? My Lords, these are, I believe, the general grounds of our * Hastings refers in his Defence before the Commons to letters expressing regret at his departure from India, addressed by Madajee Scindia to the King and to the Company. See p. 5 of Debrett's edition. G 98 Opening of the Impeachment : 16 FBB. 1788. Review of topics of this address. Apology for length of address. Method of future pro- ceedings in the charge. charge. I have now closed completely, and I hope to your Lordships' satisfaction, the whole body of history of which I wished to put your Lordships in possession. I do not mean that you will not know it more perfectly by your own inquiries that many of your Lordships may not have known it more perfectly by your own previous inquiries ; but, bringing to your remembrance the state of the circumstances of the persons with whom he acted, the persons and power he has abused, I have gone to the principles he maintains, the precedents he quotes, the laws and authorities which he refuses to abide by, and those on which he relies ; and at last I have refuted all those pleas in bar upon which he depends, and for the effect of which he presumes on the indulgence and patience of this country, or the corruption of some persons in it. And here I close what I have to say upon this subject ; wishing and hoping that, when I open the case before your Lordships more particularly, so as to state rather a plan of the proceeding than the direct proof of the crimes, your Lordships will hear me with the same goodness and indulgence that I have hitherto experienced ; that you will consider, if I have detained you long, it was not with a view of exhausting my own strength, or putting your patience to too severe a trial, but from the sense I feel that it is the most difficult and the most complicated cause that was ever brought before any human tribunal ; therefore I was resolved to bring the whole substantially before you. And now, if your Lordship* will permit me, 1 will state the method of my future pro- ceeding and the future proceeding of the gentlemen assisting me. I mean first to bring before you the crimes as they are classed, and which are of the same species and genus, and show how they mutually arose from one another. I shall first show that Mr. Hastings' crimes had root in that which is the root of all evil, T mean avarice ; that avarice and rapacity were the groundwork and foundation of all his other vicious system; that he showed it in setting to sale the native government of the country; in setting to sale the whole landed interest of the country ; in setting to sale the British government and his own fellow-servants, to the basest and wickedest of mankind. I shall then show your Lordships that when, in consequence of such a body of corruption and peculation, he justly dreaded the vengeance and indignation of the laws of his country, in order to raise Speech of Mr. Burke. 99 himself a faction embodied by the same guilt and rewarded 10 FEB. i?88. in the same manner, he has, with a most abandoned profusion, thrown away the revenues of the country to form such a faction here. I shall next show your Lordships that, having exhausted the country and brought it to extreme difficulties within, he has looked to his external resources, as he calls them ; he has gone up into the country. I will show that he has plundered, or attempted to plunder, every person dependent upon, connected or allied with, this country. I shall show what infinite mischief has followed from it in the case of Benares, upon which he first laid his hands ; next in the case of the Begums of Oude. I shall then lay before you the wicked system by which he endeavoured to oppress that country, first by Residents, next by spies under the name of British Residents. And, lastly, that, pursuing his way up to the mountains, he has founctout one miserable chief, whose crimes were the pros- perity of his country, and him he endeavoured to torture and destroy I do not mean in his body, but by exhausting the treasures which he kept for the benefit of his people. My Lords, this is the plan on which I mean to go. If I should not be able to execute the whole of it (as I fear I shall not), I shall go at least to the root of it, and so prepare it that the other gentlemen, with ten thousand times more ability than I, will be able to take up the part where I leave off, just when you find it proper. I shall show your Lord- ships that Mr. Hastings' principle is, that no man who is under his power is safe from his arbitrary will ; that no man, within or without, friend, ally, rival, anything, has been safe from him. Therefore I mean to bring the case to that point, to show your Lordships the system of corruption which Mr. Hastings adopted, and the wicked, villanous, perfidious, means, which he calls external resources, of which he made use. And then, if I am not able in my own person imme- diately to go up into the country, and show the ramifications of the system though I hope and trust I shall be spared to take a part in that myself some other gentleman will take up each part in its proper order. And then, I believe, it is proposed by the Managers that one of them shall, as soon as possible afterwards, bring forward the affair of Benares. The point I mean to bring before your Lordships first, is the corruption of Mr. Hastings, the system of peculation and bribery upon which he went ; and to show your Lordships G 2 100 Opening of the Impeachment: ic FED^i788. the horrid consequences which resulted from it. For though at the first view bribery and peculation do not seem to be so horrid a matter, but may seem to be only transferring a little money out of one pocket into another, I shall show that by such a system of bribery the country is undone. I shall inform your Lordships in the best manner I can, and afterwards submit the whole, as I do with a cheerful heart and with an easy and assured security, to that justice which is the security for all the other justice in the kingdom. Speech of Mr. Burke. 101 CONTINUATION OF THE SPEECH OF THE RT. HON. EDMUND BURKE, MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE IMPEACHMENT; 18 FEBRUARY, 1788. MY LORDS, The gentlemen who are appointed by the Commons to manage this prosecution have directed me to inform your Lordships that they have very carefully and abridge pre- i i i .1 , T i /,! 1 1 i i ii limmaryex- attentively weighed the magnitude of the subject which they pianatkm of bring before you, with the time which the nature and th circumstances of affairs allow for their conducting it. My Lords, on that comparison, they are very apprehensive that, if I should go very largely into a preliminary explanation of the several matters in charge, it might be to the prejudice of an early trial of the substantial merits of each Article. We have weighed and considered the subject maturely. "We have compared exactly the time with the matter, and we have found that we are obliged to do, as all men must do who would manage their affairs practicably to conform our opinion of what might be most advantageous to the business with the time that is left to perform it in. AVe must, as all men must, submit affairs to times, and not think of making time conform to our wishes. And therefore, my Lords, I very willingly fall into what is the wish and what, I believe, the nature of affairs will require and the inclina- tions of the gentlemen Avith whom I have the honour to act ; to come as soon as possible to close fighting, and to grapple immediately and directly with the corruptions of India ; to bring before your Lordships the direct Articles ; to apply the evidence to the Articles ; and to bring the matter forward to your Lordships' decision in that manner which the confidence we have in the justice of our cause absolutely demands from the Commons of Great Britain. My Lords, these are the opinions of those with whom I have the honour to act: at the same time they perfectly concur with my own. For I should be far from wishing to waste any of your Lordships' time upon any matter, merely 102 Opening of the Impeachment: is FEB. 178S. upon the opinion that I have of the nature of the business, when at the same time that opinion might, in the opinion of others, militate against the full, proper, and, if I may so say, the immediate, effect of that matter. Curtailment It was my design to class the crimes of the late Governor pism ofws of Bengal, to show their bearings upon each other, how they ddress. wer e mutually aided and grew and were formed out of each other. I think I shall in some measure be obliged to abridge that plan ; for I proposed, first of all, to show your Lordships that those crimes had their root in that which is the origin of all evil, avarice and rapacity ; to show how that led to prodigality of the public money ; and how prodigality of the public money wasted the treasures of the East India Company, furnished an excuse to the Governor General to break the Company's faith, to violate all its most solemn engagements, and to fall with a hand of stern, ferocious and unrelenting, rapacity upon all the allies and dependencies of the Company. But as your Lordships already possess, from what I had the honour to state on Saturday, a general view of the subject, when the several Articles are presented you may be in a condition to pursue it everywhere according to your own ideas. Object of the My Lords, I have to state to-day the root of all these provcfpecu- misdemeanours, namely, the pecuniary corruption and avarice ruptLiT" which is a material head which gave rise and primary motion to all the rest of the delinquencies which we charge to have been committed by the Governor General. My Lords, pecuniary corruption forms not only a head, as your Lordships will observe, in the charges before you, an Article of charge by itself, but likewise so intermixes with the whole, that it is necessary to give, in the best manner I am able, a history of that corrupt system which brought on all the subsequent acts of corruption, which are so intermixed with the charges that I will venture to say there is no one in which tyranny, malice, cruelty and oppression, can l>c charged that docs not at the same time carry evident marks of pecuniary corruption. Mr. Hast- I had the honour of stating to your Lordships on Saturday ings con- , ,, i ? r ii r TT s i i scfousof the last the principles upon which Mr. Hastings governed his quencesof conduct in India, and upon which he grounds his defence, power ary which may be all reduced to one short word arbitrary power. My Lords, if Mr. Hastings had contended, as all the rest of men in the world contend, that the system of government which he patronises, and on which he pretended to act, was Speech of Mr. BurJte. 103 a good svstem, tending on the whole to the blessing and is FEB. ms. G * ' O _ benefit of mankind, possibly something might be said for him for setting up so wild, absurd, irrational and wicked, a system ; something might be said from the intention to qualify the act. But it is singular in this man that, at the time that he tells you he acted on the principles of arbitrary power, he takes care to inform you that he was not blind to the consequences ; and, if you look at his Defence before the House of Commons, you will see that that very system upon which he first governed, and under which he now justifies his actions, did appear to himself a system pregnant with a thousand evils and a thousand mischiefs. The next thing that is remarkable and singular in the He follows principles upon which the Governor General acted is, that, temtoits when he is engaged in a vicious system, which clearly leads to evil consequences, he thinks himself bound to realise all the evil consequences involved in that system. All other men have taken a directly contrary course. They have said : " I have been engaged in an evil system, that led indeed to abusive consequences; but I have taken care by my own virtues to prevent the evils of the system under which I acted." Mr. Hastings foresees the abusive and corrupt conse- quences, and then he justifies his conduct upon the neces- sities of that system. These are things which are new in the world. For there never was a man, I believe, who contended for arbitrary power and there have been persons wicked and foolish enough to contend for it that did not pretend either that the system was good in itself or that by his conduct he had mitigated or had purified it, and that the poison by passing through his constitution had acquired salutary properties. Mr. Hastings foresaw that the consequence of this system was corruption ; for an arbitrary system must always be a corrupt one. My Lords, there never was a man who thought he had no Heprac- law but his own will, who did not soon find that he had no end but his own profit. Corruption and arbitrary power are of natural, unequivocal, generation, necessarily producing one another. We not only say that he governed arbitrarily, but corruptly ; that is to say, that he was a giver and receiver of bribes, and formed a system for the purpose of giving and receiving them. We wish your Lordships dis- tinctly to consider that he did not only give and receive bribes accidentally, as it happened, without any system and 104 Opening of the Impeachment : is FEB. 1788. design, merely as the opportunity or momentary temptation of profit urged him to it, but that he has formed plans and systems of government for the very purpose of accumulating bribes and presents to himself. This system of Mr. Hastings' government is such an one, I believe, as the British nation in particular will disown. For I will venture to say that, if there is any one thing which distinguishes this nation eminently above another, it is that its offices at home, both judicial and in the state, are so managed that there is less suspicion of pecuniary corruption attached to them than to any similar offices on any part of the globe, or that have existed in any time. So that he who would set up upon these principles a system of corruption and attempt to justify it upon utility, that man is staining, not only the nature and character of office, but that which is the peculiar glory of the official and judicial character of this country ; and therefore in this house, which is eminently the guardian of the purity of all the offices of this kingdom, he ought to be called eminently and peculiarly to account There are many things undoubtedly in crimes which make them fright- ful and odious ; but bribery, peculation, filthy hands, a chief governor of a great empire receiving bribes from poor, mise- rable, indigent, people that is a thing that makes government base, contemptible and odious, in the eyes of mankind. Principle of My Lords, it is certain that even tyranny itself may find lUflKlllg 1 l ~\ money the some specious colour, and may appear as a more severe and government, rigid execution of justice. Religious persecution may shield itself under the guise of a mistaken and over-zealous piety. Conquest may cover its baldness with its own laurels, and may in the secrets of a man's heart cover his ambition under a veil of benevolence, and make him imagine he is bringing temporary desolation upon a country only to promote its ultimate advantage and his own glory. But money cannot do it. There is a pollution in the touch, in the principle of that governor who makes nothing but money his object. It has not one of those specious delusions that look like virtues, to veil either the governed or the governor. If Mr. Hast- you look at Mr. Hastings' merits, as he calls them, what si'wis u> c ei " are they ? Did he improve the internal state of the govern- ment by great reforms ? No such thing. Or by a wise and incorrupt administration of justice ? No. Has he enlarged the boundaries of our government ? No ; there are but too strong proofs of his lessening it. But his pretensions to Speech of Mr. Burke. 105 merit are that he squeezed more money out of the tants of the country than other persons could have done money got by oppression, violence, extortion of the poor, or the heavy hand of power upon the rich and great. These are his merits. His demerits are all of the same Avarice his nature ; for though there is undoubtedly oppression, breach cipief 1 ?" 1 " of faith, cruelty, perfidy, charged upon him, yet the great ruling principle of the whole, and that from which you can never have an act free, is money ; it is the vice of base avarice, which never is, nor ever looks to the prejudices of mankind to be anything like, a virtue. The government of India undoubtedly originated first in ideas of safety and necessity. Its next step was a step of ambition. That ambition, as generally happens in conquest, was followed by gains of money. But afterwards there was no mixture at all ; it was, during Mr. Hastings' time, altogether a business of money. If he has extirpated a nation, I will not say whether properly or improperly, it is because, says he, " You have all the benefit of conquest without trouble ; you have got a large sum of money from the people, and you may leave them to be governed by whom and as they will." This is directly contrary to the principles of conquerors. If Mr. Hastings has at any time taken any money from the dependencies of the Company, he does not pretend that he has increased their zeal and affection to our cause, or made their submission more complete ; very far from it. He says they ought to be independent, and all that you have to do is to squeeze money from them. In short, money is the beginning, the middle and the end, of every kind of act done by Mr. Hastings, pretendedly for the Company, but really for himself. Having said so much about the origin, the first principle, both of that which he makes his merit and which we charge as liis demerit, the next step is, that I should lay open to your Lordships, as clearly as I can, what the sense of his employers, the East India Company, and what the sense of the legislature itself, has been upon those merits and demerits of money. My Lords, the* Company, knowing that these money Covenants transactions were like to subvert that empire which was first established upon them, did, in the year 1765, send out a body of the strongest and most solemn covenants to their servants, that they should take no presents from the country vants. 106 Opening of the Impeachment : is FEB. 1788. powers, under any name or description, except those things which were publicly and openly taken for the use of the Company, namely, territories, or sums of money, which might be obtained by treaty. They distinguished those things which were taken from persons privately and unknown to them, and without their authority, from subsidies ; and that is the true nature and construction of these covenants, as I shall contend and explain afterwards to your Lordships. They have said that nothing shall be taken for their private use ; for in that and in every state there may be subsidiary treaties sums of money to be received ; but they forbid their servants, their governors, whatever future application they might pretend to make of them, to receive under any name or pretence above a certain, marked, simple, sum of money, and even this without the consent and permission of the Presidency to which they belong. This is the substance, the principle and the spirit, of the covenants : which shows your Lordships how radicated an evil this of bribery and presents is. When these covenants went out to India the servants refused to execute them, and suspended the execution of them till they had enriched themselves with presents. Eleven months elapsed before Lord Clive reached the place of his destination, and till then the covenants were not executed, and they were not executed then without some degree of force. When, soon afterwards, the treaty was made with the country powers, by which Suja-ud-Dowla was re- established in the province of Oude, and paid a sum of 500,000/. to the Company for it, it was a public payment, and there was not a suspicion that a single shilling of private Mr. Hast- emolument attended it. But whether Mr. Hastings had the example of others or not does not justify his bribery. He was sent there to destroy the effect of all those examples, present^ ^ ne Company did not expressly vest him with that power. They declared at that time that the whole of their service was totally corrupted by bribes and presents, and by ex- travagance and luxury, which partly gave rise to them ; and these enabled them to pursue those excesses. The Mr. Hast- Company not only reposed trust in the integrity of tcmie^un- Mr. Hastings^ but reposed trust in his remarkable frugality thefcare'of an d order in his affairs, which they considered as a thing money. ^^ distinguished his character. But now we have him quite in another character ; no longer the frugal, attentive, Speech of Mr. Burke. 107 servant, bred to business, bred to book-keeping, as all the is FEB. ITSS. Company's servants are ; he now knows nothing of his affairs, knows not whether he is rich or poor, knows not what he has in the world. Nay, there are people who say that they know better than he does what his affairs are. He is not like a careful man bred in a counting-house, and by the Directors put into an office of the highest trust on account of the regularity of his affairs ; he is like one buried in the contemplation of the stars, and knowing nothing of the things of this world. It was on account of this idea of great integrity that the Company put him. into this situation. Since that he has thought proper to justify himself, not by clearing himself from receiving bribes, but by saying that no bad consequences result from them, and that any evil that may have arisen from them arose rather from his inattention to the care of money than from his acquiring it. I had the honour of stating before your Lordships that the Repeated East India Company not only sent out those covenants, but of J the C Com 3 - afterwards, when they found their servants had refused ^g^ inst to execute them, very severely reprehended them for a presents, moment's delay in executing them, and threatened the exacting the most strict and rigorous performance of them ; but they sent a commission to inforce the observance of them more strongly, and that commission had it specially in charge never to receive presents. The Company never sent out a person to India without recognising the grievance, and without ordering that presents should not be received, as the main, fundamental, part of their duty, and upon which all the rest depended, as it certainly must. For persons at the head of government should not encourage that by example, which they ought by precept, authority and force, to restrain in all below them. That commission failing, another commission was preparing to be sent out with the same instructions, when an act of Parliament took the matter ActofPar- up ; and that act, which gave Mr. Hastings power, did against re- mould in the very first stamina of his power this principle, seuYs! g pre in words the most clear and forcible that an act of Parlia- ment could possibly devise upon the subject. And that act was made not only upon a general knowledge of the grievance ; but your Lordships will see, in the reports of that time, that Parliament had directly in view before them all that monstrous head of corruption that lay under the name of presents, and all the monstrous consequences that followed it 108 Opening of the Impeachment: isFEB.1788. Now, my Lords, every office of trust, in its very nature, forbids the receipt of bribes. Mr. Hastings was forbid it, first, by his official situation, next by covenant, and lastly by act of Parliament ; that is to say, by all the things that bind mankind, or that can bind them first, moral obligation, inherent in the duty of their office; next, the positive injunction of the legislature of the country ; and lastly, a man's own private and particular voluntary act and covenant. These three, being the great and only obligations that bind mankind, all united in the focus of this single point that they take no presents. This formed, as it were, a summary of the duty of a governor, at least of his positive duty in his office. wa^sTr* "" arn * mar k to your Lordships that this law and this ceiviug pro- covenant did consider indirect ways of taking presents, taking them by others and such like, directly in the very same way as they considered taking them by themselves. It is perhaps a much more dangerous w r ay, because it adds to the crime a false, prevaricating, mode of concealing it, and makes it much more mischievous by admitting others into the Mr. Hast- participation of it. Mr. Hastings has said here, and it is ings answer- * . ^--TT i i able for the one ot the general complaints 01 Mr. Hastings, that he is employed 086 made answerable for the acts of other men. It is a thing under him. j n i ieren ^ m the nature of his situation. All those who enjoy a great superintending trust, which is to regulate the whole affairs of an empire, aye responsible for the acts and conduct of other men, so far as they had anything to do with appointing them and holding them in their places, or having any sort of inspection into their conduct. My Lords, Mr. Hastings not only by that general duty was bound to inspect the conduct of others, and to take care that they did no mischief in their situations, but there is a special order given to him respecting certain great officers of the state, to keep a watchful eye upon them, and observe that they did not transgress the line of their duty. For the acts of every one of them Mr. Hastings is responsible, though he did not appoint these persons to their offices. But when a Governor presumes to remove from their situations those persons whom the public authority and sanction of the Com- pany have appointed, and obtrudes upon them by violence other persons, superseding the orders of his masters, he becomes doubly responsible for their conduct, Then, if the persons he names should be of notorious evil character and evil principles, and that should be perfectly known to him- Speech of Mr. Burlie. 109 self and of public notoriety to the rest of the world, then another strong responsibility attaches on him for the acts of other persons. Governors, we know very well, cannot with their own hands be continually receiving bribes ; for then they must bribes 1 1 Cj.\ -J I TV 1 i through the have as many hands as one or the idols m an Indian temple, hands of in order to receive all the bribes that a governor generally othcrs - does ; but they have them vicariously. As there are many offices, so he has had various officers for receiving and dis- tributing his bribes ; he has a great many, some white and some black agents. AYhite men are loose and licentious ; they are apt to have resentments, and to be bold in revenging them. Black men are very secret and mysterious ; they are not apt to have very quick resentments ; they have not the same liberty and boldness of language which characterise Europeans ; and they have fears too themselves, which make it more likely that they will conceal anything committed to them by Europeans. Therefore Mr. Hastings had his black agents not one, two, three, but many disseminated through the country ; no two of them hardly appear to be in the secret of any one of his bribes. He has had likewise his white agents they were necessary a Mr. Larkins and a Mr. Crofts. Mr. Crofts was sub-treasurer, and Mr. Larkins accomptant general. These Avere the last persons of all others that should have had anything to do with bribes, yet these were some of his agents in bribery. There are few instances in comparison, but there are some, where two men are in the secret of the same bribe. Nay, it appears that there was one bribe divided into different payments at different times ; that one part was committed to one black secretary, another part to another black secretary ; so far as to make it almost impossible to make up a complete body of all his bribery. You may find the scattered limbs, some here and others there ; and, while you are employed in picking them up, he may escape entirely in a prosecution for the whole. My Lords, when Mr. Hastings first went into Bengal, the Confiscation first of his acts was the most bold and extraordinary that I fandek pro- believe ever entered into the head of any man I will say, of jj^laiV any tyrant. It was no more or less than a general, almost M^Hast- exceptionless, confiscation, in time of profound peace, of all the landed property in Bengal, upon strange pretences. Odd as that may appear he did so confiscate it ; he put it up to a pretended public, in reality to a private, corrupt, auction ; 110 Opening of the Impeachment: is FEB. 1788. and such favoured landholders as came were obliged to con- sider themselves as not any longer proprietors of the estates, but to recognise themselves as farmers under government : and even those few that were permitted to stay had their payments raised at his arbitrary discretion ; and the rest of the price given for the lands Avas given upon the same arbi- trary discretion to the farmers general appointed by him and his committee. It is necessary to inform your Lordships, that the revenues of Bengal are for the most part territorial revenues, great quit-rents issuing out of lands. I shall say nothing either of the rights of the people to their property, or the nature or mode of exaction, till that great question, the greatest of all that we have to bring before your Lordships, shall be brought before you particularly and specially as an article of charge. I only bring it in now as an exemplification of the great principle of corruption which guided Mr. Hastings' conduct. The lands My Lords, when the ancient nobility, the - him farms paying a revenue of 130,0007. a year to govern- benefit of ment. Men undoubtedly have been known to be under the B^boo? dominion of their domestics ; such things have happened to J^ 1 *' for hl8 great men : they never have happened justifiably in my opinion ; they have never happened excusably : but we are acquainted sufficiently with the weakness of human nature to know that a domestic who has served you in a near office long and, in your opinion, faithfully, does become a kind of relation ; it brings on a great affection and regard for his interest. Xow was this the case with Mr. Hastings and Cantoo Baboo? Mr. Hastings was just arrived in his government, and Cantoo Baboo had been but a year in his service ; so that he could not in that time have contracted any great degree of friendship for him. These people do not live in your house. The Hindu servants never sleep in it ; they cannot eat with your servants. They have no second table in which they can be continually about you, to be domesticated with yourself, a part of your being, as people's servants are to a certain degree. These persons live all abroad. They come at stated hours, upon matters of busi- ness, and nothing more. But if it had been otherwise, Mr. Hastings' connections with Cantoo Baboo had been but of a year's standing. He had served in that capacity to Mr. Sykes, who recommended him to Mr. Hastings. Then your Lordships are to judge whether such outrageous viola- tions of all the principles pretended by Mr. Hastings in the settlement of these farms were for the benefit of this old, decayed, affectionate, servant of one year's standing with Mr. Hastings. Your Lordships will judge of that. My Lords, I speak here only of the beginning of a great, Growth of notorious, system of corruption ; which system of corruption O f c had so many abuses, branched out into such a variety of ways, tion - and has afflicted that kingdom with such horrible evils, from that day to this, that I will venture to say it will make one of the greatest, weightiest and most material, parts of the charge that is now before you ; as I believe I need not tell your Lordships that an attempt to set up the whole landed interest of a kingdom to auction must be attended, not only in that act but every consequential act, with most grievous and terrible consequences. H Opening of the Impeacliment : Sale of offices of justice, guardian- ships and trusts. isFEB.1788. My Lards, I will now come to a scene of peculation of another kind; namely, a peculation by the direct sale of offices of justice; by the direct sale of all the successions of families ; by the sale of guardianships, and whatever trusts are held most sacred among the people of India; by the sale of them, not as before to farmers, not as you might imagine to near relations of their families, but a sale of them to the unfaithful servants of those families, their own perfidious servants, who had ruined their estates, who had been the means of all their debts, if any balances had accrued to the government. Those very servants were put in power over their estates, their persons and their families, by Mr. Hastings for a shameful price. It will be proved to your Lordships in the course of this business that Mr. Hastings has done this in another sacred trus't, the most sacred trust that a man can have, that is, in the case of those vakils, as they call them agents or attornies who had been sent to assert and support the rights of their miserable masters before the Council General. It will be proved that those vakils were by Mr. Hastings, for a price to be paid for it, put in possession of the very power, situation and estates, of those masters who sent them to Calcutta to defend them from wrong and violence. The selling offices of justice, the selling masters to their servants, and to the attornies whom they employed to defend themselves, were all parts of the same system ; and these were the horrid ways in which he received bribes much out of the common rate. Order of the The Company knowing the former corrupt state of their Mrfliast-* service, when Mr. Hastings was appointed in the year 1773* to be Governor General of Bengal, together with Mr. Barwell, General Clavering, Colonel Monson and Mr. Francis, it was an express order to them the whole corrupt system of Mr. Hastings at that time not being known or even suspected at home it was given to them in sacred charge, without the exception of any persons whatever, in discharge of the spirit of the act of Parliament, to make an inquiry into all manner of corruptions and malversations in office by any persons whatever. Your Lordships are to know that the act did give an express order to the court of Directors to form a body of instructions, and to give orders to the new servants ap- pointed under the act of Parliament, lest it should be sup- to inquire into corrup tions in office. * Mr. Hastings, the first Governor General, was nominated by the Act of Parliament of 1773, reforming the constitution of the Company. Speech of Mr. Burke. Ho posed that they, by the appointment under the act, could is FEB. 1788. supersede the authority of the Directors. The Directors, sensible of that power left in them over their servants by the act of Parliament, after their nomination was taken from them, did, agreeably to the spirit and power of that act, give this order. The Council consisted of two parts, Mr. Hastings and Me ts of Mr. Barwell, who were chosen and kept there upon the the Council, idea of their local knowledge, and the other three on account of their great parts and known integrity. And I will venture to say that those three gentlemen did so execute their duty, in all the substantial parts of it, that they will serve as a shield to cover the honour of England when this country is upbraided there. Those gentlemen found a Discovery of rumour running through the place of great peculations and ruptiouin*" oppressions. Soon after, when their instructions were made the semce - public, and it was known that the Council were ready to receive which is the first duty of all governors if there is no express order complaints against its own oppression and corruption in any part of it, they found such a body and that body shall be produced to your Lordships of corruption and peculation, in every walk, in every department, in every situation of life, in the sale of the most sacred trusts, in the destruction of the most ancient families of the country, as I believe in so short a time never was unveiled since the world began. Your Lordships would imagine that Mr. Hastings would Mr. Hast- at least ostensibly have taken some part in endeavouring to panV^impii- bring these corruptions before the public, or that he would cated- at least have acted with some little management in it. But alas ! it was not in his power ; there was not one, I think, but I am sure very few, of those general articles of corrup- tion in which the most eminent figure in the crowd, as if it was the principal figure in the piece, was not Mr. Hastings himself. There were a great many others involved; for all departments were corrupted and vitiated. But you could not open a page in which you did not see Mr. Hastings, or in which you did not see Cantoo Baboo : either the black or white side of Mr. Hastings constantly was visible to the world in every part of those transactions. There were other gentlemen visible too, with whom I Them- have at present no dealing. Mr. Hastings, instead of using sto'ppek by any management on that occasion, instantly set up his power fngs. *" and authority directly against the majority of the Council, H 2 116 Opening of the Impeachment . 18FEB.17S8. directly against his colleagues, directly against the authority of the East India Company and the authority of the act of Parliament, to put a dead stop to all those inquiries. He broke up the Council the moment they attempted to do their duty. As the evidence multiplied upon him, his daring power in stopping all inquiries increased continually ; but he gave a credit and authority to the evidence by that way of suppressing it. Reasons Your Lordships have heard that, among- the body of the justifying c .,. L ,. ,1 . . \ the Council accusers or this corruption, there was a principal man in cbargesad- g the country, the first man of rank and authority in it, called Nundcomar Nundcomar, who had the management of revenues amounting apinstkr. to 150,0007. a year, and who had, if inclined to small c;ains, Hastings. , ' J . ^ -, T TT to . abundant means to gratity great ones. 13ut Air. Hastings has given him, himself, upon the records of the Company, a character which would at least justify the Council in making some inquiry into charges made by him. First, he \vas perfectly competent to make them, because he was in the management of those affairs from which Mr. Hastings is supposed to have received corrupt emolument. He and his son were the chief managers in that business. He was therefore perfectly competent to it. Mr. Hastings has cleared his character. For though it is true, in the contradic- tions in which Mr. Hastings has entangled himself, he has abused and insulted him, and particularly after his appearance as an accuser, yet, before that, he has given this testimony of him that the hatred that had been drawn upon him, and the general obloquy of the English nation, was for his attach- ment to his own prince and the liberties of his country. Be he what he might, I am not disposed, nor have I the least occasion, to defend either his conduct or his memory. Facilities for My Lords, when this man appeared as an accuser of Mr. Hastings, if he was a fraudulent accuser and a man of bad character, it w T as a great advantage to Mr. Hastings to be accused by a man of known bad character: there was no likelihood of any great credit being given to him. In the history that I gave before, I stated that this man had been cheated of some money, or thought he had been cheated in the sale. He had made some discoveries, and had been guilty of that sin against the Holy Ghost, that great irre- missible sin in India, the discovery of peculation. He came with a second discovery, and was likely to have odium enough upon that occasion ; but he mentioned several facts the sum of money, by whom and through whom it was Speech of Mr. Burke. 117 paid the specie in which it was paid all these facts Avere ISFEB.ITSS. mentioned and therefore detection was easy, and Mr. Hastings would have flown to detection, and would have been glad that the head of his accusers was a man of in- famous character. If the accusation was false, Ntindcomar was guilty of great indiscretion in coming specifically to work, to bring forward time, place and circumstances, which Mr. Hastings had all the means of refuting. Instead of that, Mr. Hastings kept his own banya from attending the Council. The Council called for his appearance, but he would not suffer him to appear. He broke up the Council I will not say whether legally or illegally ; the Company's counsel thought he might legally do it but he corruptly did it, and left mankind no room to judge but that it was done for the screening of his own guilt. For a man may use a legal power corruptly, and for the most shameful and de- testable purposes. And thus matters continued till Mr. Hastings commenced a criminal prosecution against this man this man whom he dare not meet as a defendant. And here, my Lords, it becomes necessary to mention Court of another circumstance of history. The legislature, not jus trusting entirely to the Governor General and Council, had sent out a court of justice, to be a counter-security against these corruptions, and to detect and punish any such mis- demeanours as might appear. And that court I take for granted did great services. Mr. Hastings, instead of meeting Refusal of Nundcomar in front, endeavoured to go round, to come upon ings tomeet his flanks and rear, but never to meet him in front upon the ^^ 8 ground of his accusation, Avhich he was bound by the express accusations, authority of law and the express injunctions of the Directors to do. He disobeyed those instructions ; and were it for no more than disobeying, than rebelling against them putting the corrupt motive out of it I charge him for his disobe- dience, especially upon such principles as he went. Then he took another step. He attempted to accuse charges him Nundcomar of a conspiracy, which was a way he then and has ^pi ever since used, whenever means were taken to detect any of his iniquities. He flew to this court, which was meant rather to protect informers in their situation than to protect the accused against any of the preliminary methods which must indispensably be used for the purpose of detecting them he flew to this court, charging Nundcomar and others with being conspirators. A man might be convicted as a conspirator and vet live. Means em- ployed by 118 Opening of the Impeachment : is FEB. 1788. He might put the matter into other hands, and go on with Mr.Halt- his information. Nothing less than stone dead would do the himseifof business. And here happened an odd concurrence of cir- Nundcomar. cumstances. Long before Nundcomar preferred his charge, he knew that Mr. Hastings was plotting his ruin, and that he had used a man whom he had turned out of doors, called Mohun Persaud, to be the instrument of his destruction. Mr. Hastings saw papers put upon the board, charging him with this previous plot for the destruction of Nundcomar through this identical person, Mohun Persaud. I will not enter God forbid 1 should ! into the particulars of the suit ; but you find the marks and characters of it to be those you find a close connection between Mr. Hastings and the Chief J ustice, which we shall prove. We shall prove that one of the witnesses who appeared there has, before or since, appeared to be the person concerned with Mr. Hastings in his most iniquitous transactions. You find, what is very odd, that in the trial for the crime of forgery, for which this man stood charged, private forgery, all the persons who were witnesses or parties to it had been, before or since, the parti- cular friends of Mr. Hastings. In short, Mr. Hastings was concerned with the whole rabble, both before and since, in various transactions and negotiations of the most criminal kind. But the law took its course. I have nothing more to say than that the man is gone justly if you please. It did so happen, luckily for Mr. Hastings, it so happened that Mr. Hastings' dispositions, and the justice of that court, and the resolution never to relax, did all concur just at the happy nick and moment ; and Mr. Hastings accord- ingly had the full benefit. His accuser was supposed to be, what may be and yet be very competent for accusers, namely, an accomplice in guilty actions a person having a great deal to say of bribes. All that I contend for is, that he was in the closest intimacy with Mr. Hastings ; was in a situation for giving bribes ; n:id that Mr. Hastings was proved afterwards to have received a sum of money from him, which may be well referred to those bribes. But the great end and object that I have in view is to show the criminal tendency, the mischievous nature, of these crimes, and the means taken to elude their discovery. I am now giving your Lordships that general view which may serve to characterise Mr. Hastings' administration in all the other parts of it. bribery f When this charge was thus got rid of, the other charge Speech of Mr. Burke. 119 remained. There was a charge from Munny Begum, a is FEB. 1788. woman of the first and highest rank there, and upon whom apinstltr. Mr. Hastings has not been able to fix any stain at all. It Munny* 8 by was proved upon oath to his face that a bribe of 40,0007.* was paid him. That proof was entered in the records, and transmitted to Europe. So that it did not stand, as Mr. Hastings gives out, that there was nothing against him, and that when he had got rid of Nundcomar and his charge he had got rid of the whole. No such thing. An immense load of bribery remained. Charges were coining afterwards from every part of the province and there was no office in the execution of justice which it was not proved that he had sold in the most flagitious manner. After all this thundering the sky grew calni and clear, and Mr. Hastings sat, with recorded peculation, with peculation proved upon oath on the minutes of that very Council, at the head of that Council and that board where his peculations were proved against him. These were afterwards transmitted and recorded in the registers of his masters as an eternal monument of his corruption, and his high disobedience, and flagitious attempts to prevent a discovery of the various peculations of which he had been guilty, to the disgrace and ruin of the country committed to his care. Mr. Hastings, after the execution of Nundcomar, if he had intended to make even a decent and commonly sensible use quiry into of it, would naturally have said, " This man is justly taken away, who has accused me of those crimes ; but as there are other witnesses, as there are other means of a further inquiry, as the man is gone of whose perjuries I might have reason to be afraid, let us now go into the inquiry." I think he did very ill not to go into the inquiry when the man was alive : but be it so, that he was afraid of him and waited till he was dead why not afterwards go into such an inquiry? Why not go into an inquiry of all the other peculations and charges upon him, which were innumerable ; one of which I have just mentioned in particular, the charge of Rani Munny Beguni of having received from her, or her adopted son, a bribe of 40,0007. ? Is it fit for a governor to say will Mr. Hastings say before this august assembly " I may be accused in a court of justice ; I am upon my defence ; let all charges remain against me ; I will not give you an account " ? Is it fit that a governor should sit with recorded bribery upon * 15.000/. in revised copy. 120 Opening of the Impeachment : is FEB.J788. m * m a t the head of a public board, and the government of a great kingdom, when it is in his power by inquiry to do it away? No ; the chastity of character of a man in that situation ought to be as dear to him as his innocence. Nay, more depended upon it. His innocence regarded himself; his character regarded the public justice, regarded his authority, and the respect due to the English in that country. I charge it upon him that, not only did he suppress the inquiry to the best of his power (and it shall be proved), but he did not in any one instance endeavour to clear off that imputation and reproach from the English government. He went further ; he never denied hardly any of those charges at the time. They are so numerous that I cannot be positive ; some of them he might meet with some sort of denial ; but the most part he did not. The first thing a man under such an accusation owes to the world is to deny the charge ; next to put it to the proof; and, lastly, to let inquiry freely go on. Mr. Hastings did not permit this, but stopped it all in his power. I am to mention some exceptions perhaps hereafter, which will tend to fortify the principle tenfold. Mr. Hastings promised the court of Directors to whom ^ ie never denied the facts a full and liberal explanation of not fulfilled, these transactions ; which full and liberal explanation he never gave. Many years passed ; even Parliament took notice of it ; and he never gave them a liberal explanation, or any explanation at all of them. A man may say " I am threatened with a suit in court, and it may be very disadvan- tageous to me if I disclose my defence." That is a proper answer for a man in common life, who has no particular character to sustain ; but is that a proper answer for a governor accused of bribery, that accusation being transmitted to his masters, and his masters giving credit to it ? Good God ! is that a state in which a man is to say " I am here upon the defensive. I am on my guard. 1 will give you no satis- faction. I have promised it, but I have deferred it for seven or eight years." Is not that tantamount to a denial ? Mr. Hastings having had that great body of bribery before him, providentially was freed from Nundcomar, one of his accusers ; and, as good events do not come alone I think there is some such proverb it did so happen that all the rest, or a great many of them, ran away : but, however, their recorded evidence continued. No new ones came in ; and Mr. Hastings enjoyed that happy repose which branded Speech of Mr. Burke. ] 21 peculation, fixed and eternised upon the records of the Com- pany, must leave upon a mind conscious of its own integrity. My Lords, I will venture to say, there is no man but owes p ers0 nsm something; to his character. It is the grace, undoubtedly, of |" gh 9 ces o . . _ . J ' bound to a virtuous firm mind otten to* despise common vulgar defend their calumny ; but if ever there is an occasion in which it does become such a mind to disprove it, it is the case of being charged in high office with pecuniary malversation, pecuniary corruption. There is no case in which it becomes an honest man, much less a great man, to leave upon record specific charges against him of corruption in his government, without taking any one step whatever to refute them. Though Mr. Hastings took no step to refute the charges, Mr. Host- ile took many steps to punish the authors of them ; and those mfnt P oThis " miserable people who had the folly to make complaints accusers> against Mr. Hastings, to make them under the authority of an act of Parliament, under every sanction of public faith in giving those charges, every person concerned in them has been, as your Lordships will see, since his restoration to power, absolutely undone ; brought from the highest situation to the lowest misery ; so that they may have good reason to repent they ever trusted an English Council, that they ever trusted a court of Directors, that they ever dared to make their complaints. And here I charge Mr. Hastings that never to take a single step to defeat or detect any of those charges against him as false, and yet to punish the authors of them, is such a subversion of all principles of British government as will deserve, and will I dare say meet, your Lordships' most severe animadversion. There seems, with regard to detection, to be a sort of pause Mr. Hast- here in his peculations, a sort of gap, as if pages were torn Stfon8 ecu " out. No lonsrer do you meet with the same activity in stopped by i i IP /--I -NT r- a majority taking money that you before find. JNot even a trace of against him complimentary presents is to be found in the records during m the time of the existence of the majority in the Council of General Clavering, Colonel Monson and Mr. Francis. There seems to have been a kind of truce with that sort of conduct for a while, and Mr. Hastings rested upon his arms. How- ever, the very moment of the return of Mr. Hastings to power, peculation began again just at the same instant. The moment we find him free from the compulsion and terror of a majority of persons otherwise disposed than himself, we find him at his peculation again. 122 Opening of the Impeachment : is FEB. 17S8. Inquiries in the House of Commons concerning peculation. Mr. Hast- ings' me- thods to conceal his briberies. His pretence of receiving bribes for the benefit of the Com- pany. My Lords, at this time very serious inquiries had begun in the House of Commons concerning peculation. They did not go directly to Bengal ; but they began upon the coast of Coromandel, and with the principal governors there. There was, however, an universal opinion and justly founded that that inquiry would go to far greater lengths. Mr. Hastings was resolved then to change the whole course and order of his proceeding. Nothing could persuade him upon any account to lay aside his system of bribery ; that he was re- solved to persevere in. The point was, how to reconcile it with his safety. The first thing he did was to attempt to conceal it; and accordingly we find him depositing very great sums of money in the public treasury through the means of the two persons I have named, namely, the deputy treasurer and the accountant, paying them in and taking bonds for them as money of his own, intitling him to interest. This was his first method of endeavouring to conceal some of his bribes. Not that I would in the least suggest, or have your Lordships to believe, that I acquiesce in my mind that these were his only bribes ; for there is reason to think there were an infinite number besides : but it did so happen that these were bribes which he thought might be discovered, some of which he knew were discovered, and all of which he knew might become the subject of a parliamentary ^inquiry. I may state here that Mr. Hastings wrote over to the court of Directors that there were certain sums of money that he had received which were not his own ; but that he had re- ceived them for their use. By this time his intercourse with gentlemen of the law became more considerable than at first. When first attacked for presents he never denied the receipt of them, or pretended to say they were for public purposes ; but upon looking more into the covenants, and probably with better legal advice, he found it must not be money received for his own use ; and though he did receive these bribes for his own use, " yet," says he, " there was an inward destination of them in my own mind to your benefit, and to your benefit have I applied them." Now, here is a new system of bribery, contrary to law ; very ingenious, but I believe with as little effect upon the mind of man as any pretence that was ever used. Here Mr. Hastings changes his ground. Before, he was in some measure upon the defensive ; he was considered as a pecula- tor : he did not deny the fact ; he did not refund the money. He fought it off ; he stood upon the defensive, and used all Speech of Mr. Burke. 123 the means in his power to prevent the inquiry. That was is FEB. ires, the first era of his corruption a bold, ferocious, plain, downright, use of power. In the second he is grown a little more careful and guarded, the effect of subtlety ; and there- fore he appears no longer as a defendant, he holds himself up with a firm, dignified and erect, countenance, and says : " I am not here any more as a delinquent, a receiver of ' bribes, to be punished for what I have done wrong, or at least to suffer in my character for it. No ! I am a great inventive genius- who have gone out of all the ordinary roads of finance, have made great discoveries in the unknown regions of that science, and have for the first time established the corruption of the supreme magistrate as a principle of re- source for government." His is public-spirited peculation, patriotic bribery. Other people have turned private vices into public benefits. He goes the full length of that, and turns his private peculation into a public benefit. This is what you are to thank him for. You are to consider him as a great in- ventor upon this occasion. It is said that ambassadors are sent abroad to tell lies for the benefit of their country.* Mr. Hastings has extended that principle, and states himself to be the person who receives bribes for the benefit of his country. My Lords, if you go upon that principle, if, after all you Reasons have exacted from the people by taxes and public imposts, fering go- you are to let loose your servants upon them, by bribery aud peculation to extort what they can from them to apply to the public service whenever they please, this shocking consequence will follow from it : when one of the Governor's bribes is discovered, he will say, " What is that to you ? Mind your business. I intend it for the public service." Suppose a man attacks him, that man loses the favour of the Governor General and the India Company. They say, the Governor has been doing a meritorious action, extorting bribes for our benefit, and you have the impudence to think of prosecuting him. So that the moment the bribe is detected it is instantly turned into a merit. And that is the case with Mr. Hastings, as we shall prove whenever a bribe has been discovered. Mr. Hastings' conduct may be thought irrational. But, Effect of thank God ! guilt was never a rational thing : it distorts all ^rpYng the . . mind. * This famous saying originated with Sir Henry Wotton, who incurred the displeasure of his master, King James the First, by writing in an album, in Italy, this sentiment, " An ambassador is an honest man, sent to lie abroad for the good of his country." See Wordsworth's " Ecclesiastical Biography," ed. 1853, vol. iv., p. 90. 124< Opening of the Impeachment.' is FEB.1789. the faculties of the mind ; it perverts it, and leaves a man no longer in the free use of his reason ; it puts him into such a confusion that he has recourse to such miserable expe- dients as all those who are used to sit in the seat of judg- ment know have been the cause of detection of half the villanies in the world. God forbid that prudence, the supreme guide as well as first director of all the virtues, should ever be employed in the use of all the vices ! No, it takes the lead of all, and never will be but where justice accompanies it ; and if ever it is attempted to be brought into the service of the vices it immediately subverts their cause. It tends to the discovery of vice, and I hope and trust finally to its utter ruin and destruction. Mr. Hast- I am to inform your Lordships that, when Mr. Hastings sionsoFex- made these great discoveries to the court of Directors, he refativcfto never told them who gave him the money upon what occa- of S preents s ^ on ne received it by what hands or to what purposes he employed it. In the first place the accounts he has given of this money are totally false and contradictory. Now one does not want more reason to judge of a transaction being fraudulent than that the accounts given of it are false. There is a presumption that the transaction is bad when the accounts are false; and Mr. Hastings has given three accounts, utterly irreconcileablewith each other. He is asked, " How came you to take bonds for this money, if it was not your o\v*n ? How eame you to vitiate and corrupt the state of the Company's records, and to suppose you were a lender to the Company, when in reality you were their debtor ? " His answer is, " I really cannot tell, I have forgotten my reasons ; the distance of time is so great namely, a time of about two years or not so long I cannot give an account of the matter. Perhaps I had this motive ; perhaps I had another ; but what is the most curious perhaps I had none at all which I can now recollect/' This is the account which Mr. Hastings gives his own fraudulent representation of a corrupt transaction : " For my motives for withholding the several receipts from the know- ledge of the Council or of the court of Directors, and for taking bonds for part of these sums, and paying others into the treasury as deposits on my own account, I have generally accounted in my letter to the honourable court of Directors of the 22nd of May, 1/82, namely, that I either chose to conceal the first receipts from public curiosity by receiving bonds for the amount, or possibly acted without any studied design, which my memory at that distance of time could verify; and that I did not think it worth my care to observe the same means with the rest. It will not be expected that I should be able to give a more correct explanation of my intentions after a lapse of three years, having declared at the time that many parti- Speech of Mr. Burke. 125 culars had escaped my remembrance ; neither shall I attempt to add more is FEB. 1788. than the clearer affirmation of the facts implied in that report of them, and ~~~ such inferences as necessarily, or with a strong probability, follow them."* My Lords, you see that he fairly gives up the eiplana- tion. He has used an artifice, a stratagem, which he knows will not do : he cannot account for it, and covers the treach- ery of his conduct by the treachery of his memory. Frequent applications were made to Mr. Hastings upon this article from the Company gentle hints yemitus colvmbce ; rather, little amorous complaints that he was not more open and communicative. But all those gentle insinuations were never able to bring any further account of this matter till he came to England. When he came here, he left, not only his memory, but all his notes and references behind in India. When he was in India, the Company could get no account because he was not in England ; and, when he was in Eng- land, they could get no account because his papers were in India. So he sends over to Mr. Larkins to give that account of his affairs which he was not able to give himself. Observe, here is a man taking money, privately, corruptly, on the faith of its being sanctified by the future application, taking false securities to cover it, and who, when called upon to tell whom he got the money from, for what ends and on what occasion, neither will tell in India nor can tell in England, but sends for such an account as it has been thought proper to furnish. And here, my Lords, begins an account of what I think much the most serious part of this transaction, which is, the effect of bribery, corruption and peculation. My Lords, I am first to state to you the astonishing and almost incredible means which Mr. Hastings made use of to lay all the country under contribution, to bring the whole of it into such dejection as should put his bribes out of the way of discovery. Such another example of boldness and contrivance I believe the world cannot furnish. I have already shown that he let the whole of the lands to farm to the banyas. Next, that, among the mass of his corruptions, he sold the whole Mohammedan government of that country to a woman. This was bold enough, one should think. But I am to tell Provincial your Lordships, without entering into the circumstances of pSd by" the revenue charge in 1772, that he had appointed six J!^?^. provincial Councils, each consisting; of manv members, who ^ the re - * venue. * Letter from Mr. Hastings to the chairman of the court of Directors, datel llth July, 1783. Printed for the committee of the House of Commons, in 1787. 126 Opening of the Impeachment : is FEB. 1788. had the ordinary administration of civ' 1 jastice in that country, and the whole business of the collection of the revenues. Those provincial Councils accounted to the Governor General and Council, who, in the revenue department, had the whole management, control and regulation, of the revenue. Mr. Hastings did in several papers to the court of Directors declare that, which at first he stated only as experimental, to have proved useful in the experiment. And, on that use and upon that experiment, he had sent even the plan of an act of Parliament, to have it confirmed with the last and most sacred authority of this country. The court of Directors desired that, if he thought any other method more proper, he would send it to them for their approbation and for his instruction in his conduct. Thus the whole Tace of the British government, the whole f i* 8 or( ^ er an d constitution, remained from 1772 to 1781. ponderance He had got rid some time before by death of General cii of Bengal. Clavering, by death of Colonel Monson, and by vexation, persecution and dereliction of authority, he had shaken off Mr. Francis. The whole Council therefore consisting only of himself and Mr. Wheeler, he, having the casting vote, was the whole Council; and, if ever there was a time when principle, decency and decoium, rendered it improper for him to take any extraordinary acts without the sanction of the court of Directors, that was the time. Mr. Wheeler was taken off. Despair perhaps ?*endered the man who had been in opposition fertilely before compliable. The man is dead. He certainly did rot oppose Mr. Hastings: if he had it would have been in vain. But those very circum- stances which rendered it atrocious in Mr. Hastings to make any change, induced him to make this. He thought that a moment's time was not to be lost; that other colleagues might come where he might be overpowered by majority again, and not be able to pursue his corrupt plans. Therefore he resolved your Lordships will remark the whole of the systematic plan ; it is ihe most daring bribery and peculation that ever was he resolved to put it out of Son of'the s ^6 P ower or> his Council in future to check or control him in provincial any of his evil practices. The first thing he did was to and dek-sa- form an apparent Council for the management of the revenues, power f toa i* 1 which they were not bound, except they thought fit, to appointed ma ke any effectual reference to the supreme Council. He by himself, delegated to them, that is, to four covenanted servants of the Company, those functions which, by act of Parliament and by the Company's orders, were to be exercised by the Speech of Mr. Burke. 127 Council. He delegated to four gentlemen, creatures of his own, is FEB.ITSS his own powers ; but he laid them out to good interest. It appears odd that one of the first acts of a Governor General, so jealous of his power as he is known to be, when he had all the power in his own hands, should be to put all the revenues out of his own power. That upon the first view is an extraordinary proceeding. Then his next step was, without apprising the court of Directors of his intention, or giving an idea of any such intention to his colleagues while they were alive, or before they returned to Europe, in a moment, in one day, to suppress and annihilate the whole authority of the provincial Councils, and to delegate the whole power to those four gentlemen. Those four He appoints gentlemen had for their secretary an agent, given to them Govmd sing by Mr. Hastings a name that you will often hear of {^ r secre * a name at the sound of which all India turns pale the most wicked, the most atrocious, the boldest, the most dexterous, villain that ever the rank servitude of that country has produced. My Lords, I am speaking with the utmost freedom, because there never was _a friend of Mr. Hastings, there never was a foe of Mr. Hastings, there never was any human person, that ever differed on this occasion or expressed any other idea of Gunga Govind Sing, the friend of Mr. Hastings, whom he intrusted with this important post. But you shall hear, from the account given by themselves, what the Council thought of their functions, of their efficiency for the charge, and in whose hands it ^^j? 118 really was. I beg, hope and trust, that your Lordships will ciitotheh-" hear from the persons themselves, who were appointed to ^ execute the office, their opinion of the real execution of it, that you may judge of the plan for which Mr. Hastings destroyed the whole English administration in India : " The committee must have a dewan, or executive officer call him by what name you please. This man, in fact, has all the revenue paid at the Presidency at his disposal ; and can, if he has any abilities, bring all the renters under contribution. It is little advantage to restrain the committee themselves from bribery or corruption, when their executive officer has the power of practising both undetected. To display the arts employed by a native on such occasions would fill a volume. He discovers the secret resources of the zemindars and renters, their enemies and competitors ; arid by the engines of hope and fear, raised upon these foundations, he can work them to his purpose. The committee, with the best intentions, best abilities, and steadiest application, must after all be a tool in the hands of their dewan." * * Quoted from Shore's " Remarks on the Mode of administering Justice to the Natives in Bengal, and on the Collection of the Revenues ; " accompanying a Minute of the Governor General, dated 18th May, 1785. Ordered to be printed for the House of Commons on the 13th of April, 1 786. 128 Opening of the Impeachment: i FEB.HSS. Your Lordships see what the opinion of the Council was of The Council their own constitution ; you see what they are made for ; Gunga* 1 c You see for what purposes the great revenue trust is taken GovindSing. f rom the Council general, from the supreme government; you see for what purposes the executive power is des- troyed; you have it from one of the gentlemen of this commission, at first four in number and afterwards five, who was the most active, efficient, member of it ; you see that it is made for the purpose of being a tool in the hands of Gunga Govind Sing ; that integrity, ability and vigilance, is nothing ; and the whole country may be laid under contri- bution by that person who can thus practise bribery with impunity. Therefore your Lordships see that the delegation is given by Mr. Hastings of all the authority of the country, above and below, to this Gunga Govind Sing. The screen, the veil, spread before this transaction is torn open by the very people themselves who are the tools. They know they can do nothing. They know they are tools in the hands of Gunga Govind Sing ; and Mr. Hastings uses his name and authority to make them tools in the hands of the basest, the wickedest, the corruptest, the most audacious and atrocious villain ever heard of. It is to him all the English authority is sacrificed: and four gentlemen are appointed to be his tools and instru- ments. Tools and instruments for what ? They themselves state that, if he has the intention, he has the power and ability to lay the whole country under contribution ; that he enters into their most minute secrets, gets to the bottom of their family affairs, and has a power totally to subvert and destroy their families. And we shall show, upon that head, that he well fulfilled the offices for which he was appointed. Did Mr. Hastings pretend to say that he destroyed the provincial Councils for their corruptness or inefficiency when he dissolved them ? No ; he says he has no objection to their competency, no charge to make against their conduct, but that he has destroyed them for his new arrangement. And what is his new arrangement ? Gunga Govind Sing ! Forty English gentlemen were removed from their offices by that change. Mr. Hastings did it, however, very economically ; for all those gentlemen were instantly put upon pensions, and consequently burdened the establishment with a new charge. Cost of the Well! but the new Council was formed and constituted Council. upon a very economical principle. These five gentlemen you will have it in proof with the necessary expenses of their office, were a charge of 62,0007. a year upon the establishment. But for great, eminent, capital, services, Speech of Mr. Burke. 129 62,000?., though a much larger sum than what was thought is FEB. nss. fit to be allowed for the members of the Supreme Council itself, I will admit I will pass it. It shall be granted to Mr. Hastings that the pensions of all the Council, which created a new burden on the establishment, were all well disposed, provided the Council did their duty. But hear what they say themselves. They are not there put to do any duty ; they can do no duty ; their integrity avails them nothing ; they are tools in the hand of Gunga Govind Sing. Then Mr. Hastings has loaded the revenue with 62,000/. a year to make Gunga Govind Sing master of the kingdoms of Bengal, Behar and Orissa. What must the machinery be, what must be the thing to be moved, when it has cost in tools for Gnnga Govind Sing 62,000/. a year to the Company ? There is the thing. It is not my representation, not the representation of observant strangers, of good and decent people that understand the nature of that service, but it is the opinion of the tools themselves, that they could be nothing else than tools in that situation. Tools to whom ? T6 the worst, to the most dangerous, of men ; for, if he has abilities, those abilities he can pervert to the worst of purposes. Now, did Mr. Hastings employ this man without a know- Mr. East- ledge of his character? His character was known to Mr. awareof Hastings ; it was recorded long before : he was turned out of Govimi another office. Mr. Hastings says : " It is true the man is s i n ^ s *> ad n MI f -I i i character. generally ill spoken or ; but, says he, " nothing particular that I know of is laid to his charge ; nobody denies his abili- ties/' Xow, if anything in the world should induce you to put the whole trust of the revenues of Bengal, both above and below, into a man's hands, and to delegate to him all the jurisdiction, it must be that he was at least a man of integrity, or reputed to be a man of integrity. Mr. Hastings does not pretend that he is reputed to be a man of integrity. He knew that he was turned out of office by others, and that he was not able to contradict the charge brought against him. He knew that he was turned out of office by his colleagues, and for reasons assigned upon record and ap- proved by the Directors, for malversation in office before He had crept again into the Calcutta committee ; and they were upon the point of turning him out for malversation, when Mr. Hastings saved them the trouble by turning them out. So that, in all times, in all characters, in all places, 130 Opening of the Impeachment : is FEB^ITSS. ne stood as a man of a bad character and evil repute, without going a bit further, though supposed to be a mail of great abilities. Bad men My Lords, permit me for one moment to drop my repre- abiVforVood sentative character here, and to speak to your Lordships only service. as a man o f mucn experience in the world, and conversant with the affairs and with the characters of men. I do then declare, and wish it may stand recorded to posterity, that there never was a bad man that had ability for good service. It is not the nature of such men. Their minds are so distorted to selfish purposes, to knavish, artificial and crafty, means of accomplishing those selfish ends, that if put to any good service they are poor, dull, helpless. Their natural faculties never have that direction ; they are paralytic on that side; the muscles, if I may use the expression, that ought to move it are all gone. They know nothing but how to pursue selfish ends by wicked and indirect means. No man ever knowingly employed a bad man on account of his abilities but for evil ends. Mr. Hastings knew this man to be bad ; all the world knew him to be bad ; and how did Mr. Hastings employ him ? In a manner that he might be controlled by others ? A great deal might be said for that. There might be circumstances in which such a man might be used in a subordinate capacity. But who ever thought of putting such a man at the head of the whole, and the Council general under him ? Gunga My Lords, as soon as we find Gunga Govind Sing here, empioyed'in we fi n( l him employed in the way in which he was meant bribes for * ^ e employed ; that is to say, we find him employed in Mr. Hast- taking corrupt bribes and corrupt presents for Mr. Hastings. Though the committee were tools in his hands, he was a tool in the hands of Mr. Hastings ; for he had, as we shall prove, constant, uniform and close, communications with Mr. Hastings. And, indeed, we may be saved a good deal of the trouble of proof; for Mr. Hastings himself, by ac- knowledging him to be his broker, has pretty well authen- ticated a secret correspondence between them. Mr. Lai-kins was written to by Mr. Hastings, in consequence of the frequent, pressing, tender, solicitations of the court of Directors, which they always insinuated to him in a very delicate manner. He writes to Mr. Larkins to find out, if Account by he can, some of his bribes. And accordingly Mr. Larkins of TOM of has sent over an account of various bribes, an account which, the bribes. Speech of Mr. Burke. 131 even before it comes directly in evidence before you, it will be pleasant for your Lordships to read. In this account, under the head t( Dinagepore, No. 1," 1 find : " Duplicate copy of the particulars of debts, in which the component A sum of parts of sundiy sums received in the account of the Honourable Cora- 30,> TIT a j of the state- by seeing these words, " Dinagepore, pesncush. We end a mentrcia- province ; we find a sum of money ; we find an agent ; and we bribe. 1! find a receiver. The province is Dinagepore ; the agent is Gunga Govind Sing ; the sum agreed on is 40,0007. ; and the receiver of a part of that is Mr. Hastings. That is all that we have seen. It is murder by persons unknown. Who it was * Transmitted in a letter from Mr. Larkins to the Chairman of the Com- pany, dated 5th August, 1786, and printed for the House of Commons in 1787. f The fine paid by a zamindar on his investiture. J 2 132 Opening of the Impeachment : is FEB. 1788. that gave this sum of money to Mr. Hastings in this manner does in no way appear. And this is the way in which Mr. Hastings, after all the reiterated solicitations of Parliament, of the Company and the public, has lost this bribe. And so it is with respect to most of the bribes. But yet we have discovered most of them, though there is some complexity in them. Then, my Lords, the best way is to see what the state of transactions at Dinagepore was at that period. For if Mr. Hastings, in the transactions at that period, did anything for that district, it must be presumed that this money was given for those acts ; for Mr. Hastings confesses it was a sum of money corruptly received, but honestly applied. It does not signify much at first view from whom he received it ; it is enough to fix it that he did receive it. But, because the consequences of his bribes make the main part of what I intend to bring before your Lordships, I shall beg to state to you, with your indulgence, what I have been able to discover, by a very close investigation of the records, re- specting this business of Dinagepore. onftecfr- " Dinagepore, Rungpore and Edrackpore (?), make a country, cumstances J believe, pretty nearly as large as all the northern counties Dinagepore of England, Yorkshire included. It is no mean country ; and it has a prince of great, ancient, illustrious, descent at the head of it, called the Raja of Dinagepore. I find that, about the month of July, 1780, the Raja of Dinagepore, after a long and lingering illness, died, leaving sicccSn^ a half-brother and an adopted son. A litigation as to the to the Raja succession instantly arose in the family ; and this litigation Mr'ilast^ was naturally referred to, and was finally decided by, the Governor General in Council, he being the ultimate au- thority for all these questions there. This cause came before Mr. Hastings ; and I find that he decided the question in favour of the adopted son of the Raja against his half-brother. I find that, upon that decision, a rent w r as settled and a Anne paid peshcush or fine paid. So that all that is in this transaction sion. e is fair and above board. There is a dispute settled ; there is a fine paid ; there is a rent reserved to the Company ; and the whole is a fair settlement. But I find along with it very extraordinary acts ; for I find Mr. Hastings taking a part in favour of the minor, agreeably to the principles of others and contrary to his own. I find that he gave the guardianship of this adopted son to the brother of the Rani, sMpofTho as she is called, or the wife of the late Raja deceased. He ami's bro? was not her adopted son ; but Mr. Hastings gave the then Speech of Mr. Burke. 133 guardianship to her brother. And I find that, when the steward of the province of Dinagepore was coming down to represent this case to Mr. Hastings, Mr. Hastings, so far from hearing fully all the parties in this business, not only sent him back, but ordered him to be actually turned out of his office, because it tended only to increase the family dis- sensions, though the settling that matter was actually a part of the duty of his office. So I find that, if the sum of Bribe taken 40,0007. which Mr. Hastings took at that time, in 1780, to Ktfngs. which this account seems to refer for it begins in July, 1780, and ends at the same period in 1781, there being regular payments be the sum of money received by him from the Raja, this account refers to a sum of money corruptly taken by him as a judge in a litigation respecting an inheritance between two great parties. So that he received the sum of 40,000/. for a judgment, which, whether ^that judgment was right or wrong, true or false, he corruptly received. He received it, as your Lordships will observe, through Gunga Received Govind Sing. He was the broker of the agreement he was Gungf h the person who was to receive it by monthly instalments ; Govind sing, and he was to pay it to Mr. Hastings. Now Gunga Govind Sing's son was in the office of registrar general of the whole country ; who had in his custody all the papers, documents, and everything which could tend to settle the litigation among the parties. So that, if Mr. Hastings took this bribe from the Raja of Dinagepore, he took a bribe from an infant of five years old through the hands of the registrar who had the keeping of the genealogies of the family, whose opinion, record and documents, must have a great, if not the whole, share, in settling the question. The judge therefore receives a bribe through the hands of the keeper of the register of the cause in suit. This is the history of this Dinagepore peshcush : not the public one received from the country for that is entered upon the records but the private one. My Lords, very soon after this decision, very soon after the Officers peshcush was given, we find all the officers under the Raja Ea^ were turned out of their employment by Gunga Govind Go^n Sing, by the very man who received the peshcush for Mr. Hastings if he did receive it. We find them all turned out of their employments; we find them all accused, without any appearance or trace in the records of any proof of em- bezzlement, of neglect in the education of the minor Raja, of the mismanagement of his affairs, or the allotment of an un- suitable allowance. And accordingly, to prevent the rela- 13i Opening of the Impeachment: is FEB. 1783. tions of his adopted mother to prevent those who might be supposed to have an immediate interest in the family from abusing the trust of his education and the trust of the management of his fortune, Gunga Govind Sing for I trust your Lordships would not suffer me, if I had a mind, to quote that tool of a thing, the committee of revenue, bought at 62,0007. a year, you would not suffer me to name it, espe- cially when you know all the secret agency of bribes in the hands of Gunga Govind Sing this Gunga Govind Sing pro- duces soon after another character. I will do Mr. Hastings the justice to say that, if he had known there was another man more accomplished in all iniquity than Gunga Govind Sing, he would not have given him the first place in his confidence. But there is another next to him. in the country, whom you are to hear of by-and- character of \)y } called Deby Sing. This person, in the universal opinion of mankind, is ranked next to Gunga Govind Sing ; and, what is very curious, they had been as rivals in virtue " Arcades ambo, Et cantare pares et respondere parati." But Mr. Hastings has the happiest modes in the world. These rivals were reconciled on this occasion ; and Gunga Govind Sing appoints Deby Sing, superseding all the other officers DebySing for no reason whatever upon record. He puts the guar- GcxxUaci ap- dianship into the hands of Deby Sing ; but because, like guardians champions, they ought to go in pairs, there is an English of the Raja, gentleman, one Mr. Goodlad whom you will hear of pre- sently appointed along with him. They were absolute They reduce strangers to the Raja's family ; and the first act they do is to cut off 1,0007. out of 1,6007. a month from his allowance. They state, though there were a great number of dependents to maintain, that 6007. would be enough to maintain them. There is such a flutter about the care of the Raja and the management of his household there never was, in short, such a tender guardianship as is exercised, always with the knowledge of Mr. Hastings, over this poor Raja, who had just given 40,0007. if he did give 40,0007. for his own inheri- tance, if it was his due for the inheritance of others if it was not his due. One would think he was intitled to some mercy ; but, probably because that money could not come out of the surplus of his affairs, his establishment was cut down by Deby Sing and Mr. Goodlad a thousand a month, which is just twelve thousand a year. Speech of Mr. Burke. 135 "\Vhen Mr. Hastings had appointed those persons to the guardianship, who had an interest in the management of the Raja's education and fortune, one should have thought, before they were turned out, he would at least have examined whether it was proper or not that they should be turned out. Xo; they were turned out; and when I come to inquire into the proceedings of Gunga Govind Sing's committee, I do NO account not find that the new guardians have brought to account bj^Ww 84 one single shilling that they received, appointed as they were swardians. by that Council newly made to superintend all the affairs of the Raja. There is not one word to be found of an account. Deby Sing's honour, fidelity and disinterestedness, and that of Mr. Goodlad, is sufficient. And that is the way in which the management and superintendence of one of the greatest houses in that country is given to the guardianship of stran- gers. And how is it managed ? We find Deby Sing in possession of the Raja's family, in possession of his affairs, in the management of his whole zamindary ; and, in the course of the next year, he is to give him in farm the whole of the revenues of these three provinces. Now it is possible that The fine the peshcush was not received as a bribe for the nomination EribVby of the Raja not as a bribe in judgment, but as a bribe in Deby Sing - office which is best or worst I shall not pretend to deter- mine that Mr. Hastings got it from Deby Sing for appoint- ing him to the guardianship of a family that did not belong to him, and for the . dominion of three great, vast and flourishing, provinces. You find the Raja in his possession ; you find his education, his household, in his possession. Xow the public revenues are in his possession ; they are given over to him. This makes it necessary for me to inform your Lordships who Deby Sing is. \_Mr. Burke read the committee's recommendation of Deby Sing to the Governor General and Council^ Here is a choice ; here is Deby Sing presented for his knowledge in business, his trust and fidelity, and his being a person against whom no objection can be made. This is presented to Mr. Hastings ; by him recorded in the Council books, and by him transmitted to the court of Directors. Mr. Hastings has since recorded that he knew this Deby ?ir- Hast- Sing though he here publicly authorises the nomination of ortheTo him to all that great body of trusts to be a man completely r P of C Deb!J- C " capable of the most atrocious iniquities that were ever Sin?< charged upon man. Deby Sing is appointed to all those great trusts through the means of Gunga Govind Sing, from 136 Opening of the Impeachment : is FEB. 1788. whom Mr. Hastings had received 30,000/. as a part of a bribe. Now, my Lords, though it is a large field, though it is a thing that, I must confess, I feel a reluctance almost in venturing to undertake, exhausted as I am, yet, such is the magnitude of the affair, such the evil consequences that happened from a system of bribery, such the horrible con- sequences of superseding all the persons in office in the country to give it into the hands of Deby Sing, that, though it is the public opinion, and though there is no man that has ever heard the name of Deby Sing that does not know that he was only second to Gunga Govind Sing, yet it is not to my purpose, unless I prove that Mr. Hastings knew his character at the very time he accepted him, as a person against whom no exception could be made. It is therefore necessary to inform your Lordships who this Deby Sing was, to whom these great trusts were committed and those great provinces given. History of Deby Sing was a person of the tribe of banyas originally, 1 that is to say, of the trading and merchant caste in India ; and he employed his first novitiate, his apprenticeship, in all the arts of getting money ; and he allied himself to the patronage and protection of a great native, a man of a very different character, Mohammed Reza Khan. Whilst that great man had the management of the affairs of state and of revenue in his hands under the Company, Deby Sing paid his court to him, with all that assiduity and suppleness which those who have no useful talent or honourable disposition are seldom deficient in : and accordingly he made his way and got great interest with this powerful person. There is one circumstance that may be told to his advantage. When Mohammed Reza Khan was brought down by Mr. Hastings, under the orders of the court of Directors, upon a cruel charge, to Calcutta, Deby Sing lent him considerable sums of money ; for this great man was accused of many crimes, and was acquitted 220,000. in debt. That is to say, as soon as he became a great debtor he ceased to be a great criminal. Deby Sing, who had been useful to him upon that occasion, obtained his interest ; and one of the first great concerns intrusted to him was the province of Purnea. HIS govern- It is necessary to state how he showed himself worthy of that province and deserving of greater trusts. My Lords, he so we jj acquitted himself in that office that that province was totally ruined and left desolated. To give your Lord- Speech of Mr. Burke. 137 ships an idea of it in a few words, the revenue which he took at 160,0007. fell the next year to 90,0007. He could be got to remit but 90,0007. : it in reality produced but 60,0007. He had so completely dried up the source of all future revenue and almost all future production in that province that it produced but 60,0007. not equal to half of what it had been originally let at. Now, when the farmers who came to this province afterwards for a company of Calcutta banyas attempted to take it and saw the squalid scenes of desolation that glared upon them in every part, they fled suddenly in a fright out of the province, and gave 12,0007. to be released from any share in it : so completely had Deby Sing done the business of this province. My Lords, the grievance was too manifest, the corruptions Discharged j i, ui A- A i from the and oppression too abominable, to escape notice. And government accordingly Mr. Hastings, in the year 1773,* discharges Deby aastings. Sing from the government and management of the province of Purnea, with a stigma upon him for his misconduct. This man is removed from his employment, but not from his profits. Stigmatised, but still in power, he obtains the Appointed office of diwan, or deputy steward, of the great province of MDorehcda- Moorshedabad, the capital of the country, the seat of the old bad - government, and the first province of the kingdom ; in short, the whole power of diwan fell into his hands. His Council His council consisted of young men, rather like other young men, of young men? f pleasurable dispositions; but, like young men in India, willing to reconcile, if they could, the means of making a very considerable fortune with the ordinary means which are employed in ruining it, they wished to have a good deal of pleasure and a good fortune. But they were utterly inex- perienced. Deby Sing took compassion upon their youth and inexperience, and endeavoured to lead them in the ways of profit and pleasure. There is a tax in that country which is much more pro- He farms ductive than honourable, namely, a tax upon public prosti- prostitutes, tutes. Deby Sing farmed this tax, for two reasons ; first, that no profit ever escaped him in any way ; and next, because he thought it no insignificant means of power. Out of those ladies which he farmed he selected with care and industry, and with that ability for which he has been so much commended, those who had the greatest share of personal merit. To this personal merit he added, according * In the month of September, 1772. Revised copy. 138 Opening of the Impeachment: is FEB. 1788. to the Eastern manner, a number of sweet and endearing names. The ladies were called, Mine of Gold, Pearl of Price, Ruby of Pure Blood, and all those pleasant Oriental names that, by the dissonance even and the discords of various contending passions, heightened the general harmony, and increased the vivid satisfactions of love with all the Hecorrupts allurements of avarice. Deby Sing gave frequent entertain- his Council TT j ,, ^ v -i. r," bydebau- ments. He carried this moving seraglio about with him orler'tc/ob- wherever he went ; and, whilst he supplied his customers connivance liberally with the best wines of France, with an exquisite in his acts, entertainment, with the perfumed India smoke, so that in the convivial enjoyments of Europe they had the blandish- ments of Asia, this great magician, chaste in the midst of dissoluteness, sober in the centre of debauch, and active in the lap of drowsiness, in such scenes brought forward business, to oblige those young men, who were not inten- tionally corrupt but rather to be blamed for the debaucheries of their youth : he brought them papers to sign, in a con- vivial hour, which they would never have been brought to sign in their sober senses. My Lords, this pander, this keeper of a legal brothel, becomes the master of the council of Allahabad : this man is chosen to superintend the education of the young Raja, and to lead him in the way of all piety, virtue and regularity. With these gentlemen, pleasures and agreeable entertain- ments, which this man knew very well how to manage, would not have done, if he had not found something for their necessities. Therefore, with small donations aptly applied, he obtained the total and entire government And, accord- ingly, in various provinces some considerable but, on account of their uncouth names, I do not mean to trouble your Lordships with naming them, nor is it necessary he got the farms under several names ; sometimes appearing in in his own name; sometimes disappearing and shrouding himself under other names, as successful or defeated villany gave him confidence or made him timid. In this situation, every new trust was a new fraud, every farm that he took he ran in balances for, and oppressed the people ; and, in one of them, for his peculations he was publicly whipped by proxy. These are the practices of the person that Mr. Hastings thought fit to choose for the farm of Rungpore. The farm of This farm of Rungpore was given to him with great conferred apparent caution at an advanced rent. But this advanced hun ' rent he was to take great care should not be levied by any Speech of Mr. Burke. 139 new contributions on the husbandmen, but by improvements is TEH. ITS?. of the country. And then this keeper of a brothel, this cheat in all former employments, this destroyer of Purnea, was sent to govern the three great countries of Dinagepore, liungpore and Edrackpore (?) As soon as he went there he did not lose a moment in doing his duty. As to his cove- nant, if Mr. Hastings can forget his covenant, you may easily believe that Deby Sing had not a more correct memory ; and accordingly, as soon as he came into the His tyranni- province, the first thing he did was to seize upon all the landed gentlemen and nobility of that country, to throw them all into prison, and there, in prison and in irons, oblige them to sign a paper for the increase of those rents which he had stipulated not to increase ; and they were obliged to enter into those stipulations, under actual imprisonment and torture upon them and their principal servants. The next step that he took was to lay upon them an He increases incredible number of new taxes, which he was by his cove- the taxes ' nant forbid to lay. Those taxes amounted to as much as the increased rent, and were in their nature the most vexatious and oppressive. I am afraid I trouble your Lordships, but it is a material part that I am now going to lay before you. The landed gentry and freeholders of that country, being obliged to sign these bonds, and being loaded with these taxes, became totally unable to pay. The next step was, sequesters upon their inability to pay, to sequester their lands. The the lands - lands of that province are of many sorts, but two principally lands that pay rent, and lands that do not. Those that pay no rent are their demesne lands ; the rest, from which they derive their consequence, pay rent and maintain their dependents. The first of these lands were sold. Sold for what ? One year's purchase. The price of land in that country is ten years' purchase. Who were they sold to? Your Lordships are ready to anticipate me. They were sold Takes the to Deby Sing himself, through one of his under agents, for i^" O wn t0 one year's purchase. They were collected together, and hands - amounted in all to 7,OOOZ. a year ; but, according to the value of land in that country, I should not rate it at less than 30,0007. They were seized in this manner ; seques- tered into the hands of Deby Sing; taken at a year's purchase, and as much under value as the fee simple of an acre of land in England would be at seven or eight shillings. He was the fixer of it ; and what the poor wretches received for the fee simple of their lands, out of the money extorted from 140 Opening of the Impeachment : 18FEB.1788. them, they put into a separate collection. The rents were raised, the value rose, and Deby Sing put it by to be a separate estate, either for himself or such person as Mr. Hastings might put upon it. The landholders were still in balances. The more they sold, the poorer they found them- selves, because their resources were gone. Then he fell upon their goods. They were obliged to carry almost all their goods to market. There is a circumstance I may mention here that will call The greater for your Lordships' pity. Most of the landholders or zamin- theamin- dars in that country happened at that time to be women. dars women. 3^ gex there is in a state certainly of imprisonment, but guarded as a sacred treasure under all possible attention and respect. None of the coarse male hands of the law can reach them : but they have a custom, very cautiously and soberly used in all good governments there, of sending female bailiffs or Serjeants into their houses. But, in this case, persons of either sex of that occupation went into their houses and became masters of them, and the men and women zamin- dars were obliged to fly the country. Sale of lands Before they ran away they had a miserable spectacle set apart for. _ '_ , J > , .. . . 1 ,. , mainte- before them; lor there were sold at the same sale all the nance oi lie ^^table lands which were set apart for the maintenance of the poor and helpless for which they had often defrauded their own necessities : they saw all those lands sold before their faces at that same market of iniquity. There was and for more there were things yet dearer to them the poor con- moSc& cere " solations of imagination at death for all the substantial miseries of life there were lands set apart for their funeral ceremonies : how dear they are to all the people of India I hope in further inquiries your Lordships will know. But this tyranny of Deby Sing, the agent of Mr. Hastings this tyranny, more consuming than the funeral pile, more greedy than the grave, more harsh and inexorable than death itself, tore from them the last poor remains of consolation after they had lost their all ; and they saw no prospect of ending life in a manner suitable to their several customs and reli- gious opinions. These lands were confiscated ; their houses deserted ; their streets overgrown with weeds. I am speak- ing, not fiction, but things which are to come in proof before your Lordships. This was the manner in which all the principal gentry, all the second-rate gentry, all the women, and all the minors of that country, were cruelly destroyed. Speech of Mr. Burke. 141 But when we come to the poorer sort of people, the 18 FEB- yeomen, the husbandmen, what was their situation? I dare His cruelty say that their situation was ten thousand times worse, if ^ possible. If there are degrees and gradations in utter ruin, their state was the worst ; and you will hear in what parti- culars their state was worse even than that of the others. They were driven like a herd of cattle into the common prisons, and there they were obliged, as the principal zamin- dnrs had done, to sign recognizances to their ruin : they were let out only for their destruction. First, the exor- bitant rent, and then such an intolerable variety of new taxes, coming every day in new shapes upon them, they were obliged to sell almost all the corn of the country to get rid of these demands at once ; and, it happening to be a year of cheapness and the market being overloaded, their crops did not sell for more than one-fourth of their value. So that, with debts growing upon them which they were to pay in money, they came at last to their next resource, their cattle. They were obliged to hurry to market all their cattle ; and of the cattle which were worth from 20s. to 25s., five of them were known to sell for 20s.,* the market being so overloaded. My Lords, the last thing that the people in that country will part with is the ornaments which the women wear upon their persons, and which they procure at the expense of pinching their bodies. Those who are so very poor that they cannot get a bit of gold, get something in imitation of it. They do not dress themselves with taste according to our mode, but their decoration is a resource to them upon an emergency ; for, when they have got a bit of gold, it is not only a decoration, but may afford food for their families. Those ornaments were forced to market, and gold and silver sold at market twenty per cent, under their value ; for gold and silver, forced to market, where there are none but fraudulent and wicked persons to buy, will not fetch their value. Deby Sing himself, on being charged with this compulsory sale of all the effects, denies that such effects could have existed, on account of the wretchedness and poverty of the people. I will read to your Lordships his answer: " It is notorious," says he, " that poverty generally prevails amongst the husbandmen of Rungpore, more perhaps than in any other parts of * " For not more than seven or eight shillings." Revised copy. 142 Opening of the Impeachment : The people ruined by usurers, in attempting to meet de- mands of Deby Sing. 18 FEB. 1788. the country. They are seldom possessed of any property except at the time they reap their harvest, and at others barely procure their subsis- tence. And this is the cause that such numbers of them were swept away by the famine. Their effects are only a little earthenware, and their houses only a handful of straw ; the sale of a thousand of which would not perhaps produce twenty shillings." My Lords, I produce this strong testimony, of the person who was himself concerned in racking these people, to the misery of their original situation. I know it does not answer his : purpose ; but I produce it to show what country it is, and from what people it is, that Mr. Hastings exacts bribes to the amount of 40,000/., and to show that those who give bribes of 40,0007. must sink four times that sum to pay them. The people, while harassed in this manner, called upon daily and hourly for sums they could not pay, fell into that dreadful resource of misery, the hands of usurers. Usurers are a bad resource at any time and in any circumstances ; but these usurers, to the natural hardness of that kind and description of men, added that which makes "people ten times more hard, that is, their own necessities. They had very little security to hold for what they lent against the oppres- sions of power, and they made their terms accordingly. And what were these poor people obliged to pay to answer the bribes and peshcush paid to Mr. Hastings ? Five, ten, twenty, fifty per cent ? No, six hundred per cent, by the year, to be made in daily payments taken from the people whom you have heard described plucked as it were out of their mouths the hard hand of usury being the only resource against the cruel scourge of oppression. The poor, unfor- tunatej people, in this way stripped of everything, their corn, their cattle, their instruments of husbandry, from which any future hope was to arise, were then dragged to their own miserable hovels or houses, and there they saw the last hope burnt to the ground before them. It was not a severe, a rigorous, collection of the revenue ; it was cruel and savage war made upon the country. This is all in proof.* * The evidence on -which these statements are made will be found in the Reports of Mr. Paterson, commissioned to inquire into the causes of the dis- turbances in the province of Rungpore. These were offered in evidence by the Managers of the prosecution, but it -was ruled by the court, " That it is not competent for the Managers for the Commons to give evidence of the enormities actually committed by Deby Sing, the same not being charged in the impeachment" (Minutes of Evidence, p. 1251.) They are entered, how- ever, in a MS. volume (which will hereafter be deposited in the British Museum), containing the proceedings of the committee of revenue on the inquiry into the causes of the late disturbances in Rungpore, pages 131 et seqq. Speech of Mr. Burke. 143 Then there remained to the unhappy people of that is FEB. 1788. country but two things their families and their bodies. It AnddiTven is well known that men generally cling to domestic satis- wive^anT* factions in proportion as they are deprived of other advan- children, tages. My Lords, the most tender parents sold their children ; the most jealously affectionate husbands sold their wives ; and they thought that it was a tolerable escape from famine into servitude. This was the case of the people with regard to their families. There then remained their persons. My Lords, I am obliged to make use of some apology for Apology for the horrid scenes that I am now going to open to you. You horrors?' have had enough, you have had perhaps more than enough, of oppressions upon property and oppressions upon liberty but here the skin was touched. And, my Lords, permit me to make as my apology to you, that which Commissioner Paterson made a man with respect to whom I wish that, if ever my name should be mentioned hereafter, it may go down along with his in the same apology, and if possible in second-rate merit as to the same acts. His apology is this, and it is my apology and the apology of us all : "That the punishments inflicted upon the ryots of both Rungpore and Dinagepore for non-payment were in many instances of such a nature that I would rather wish to draw a veil over them than shock your feelings by the detail. But, however disagreeable the task may be to myself, it is absolutely necessary, for the sake of justice, humanity and the honour of government, that they should be exposed, to be prevented in future."* Let this be my anticipated apology. It is indeed a most disgraceful scene to human nature that I am going to display to you. My Lords, when the people were stripped of everything, of all that they publicly possessed, it was suspected, and in some cases suspected justly, that the poor, unfortunate, hus- bandmen had hid in the deserts, disseminated through that country, some share of grain, for subsistence in unproductive months and for seed for future grain. Their bodies were then applied to. The first mode of torture was this: They began by winding cords about their fingers until they The people had become incorporated together, and then they hammered to bodily tortures. * Mr. Paterson's Report, from -which this passage is extracted, and -which, with the papers accompanying it, furnishes Mr. Burke with the facts on which his subsequent description of the cruelties practised on the inhabitants of Rungpore and Dinagepore is founded, is dated on the 22nd of September, 1783, and -will be found in the MS. volume referred to above, p. 292. 144 Opening of the Impeachment: is FEai7ss. wedges of wood and iron between those fingers, until they crushed and maimed those poor, honest, laborious, hands, which never had been lifted to their own mouths but with the scanty supply of the product of their own labour. These are the hands which are so treated, which have for fifteen years furnished the investment for China from which your Lordships, and all this auditory, and all this country, have every day for these fifteen years made that luxurious meal with which we all commence the day. And what was the return of Britain? Cords, hammers, wedges, tortures and mannings, were the return that the British government made to those laborious hands. However, these crippled, undone, hands are in a situation in which they will act with resistless power when they are lifted up to heaven against the authors of their oppression. Then what can withstand such hands ? Can the power that crushed and destroyed them ? Powerful in prayer, let us at least deprecate and secure ourselves from the vengeance which will follow those who mashed, crippled and disabled, these hands. My Lords, it is a serious thought ; for God's sake let us think of it. They began there, but there they did not stop. The heads of villages, the parochial magistrates, the leading yeomen of the country, respectable for their situation and their age, were taken and tied together by the feet, two and two, thrown over a bar, and there beaten with bamboo canes upon the soles of their feet until their nails started from their toes. And then, falling upon them, while their heads hung down as their feet were above, with sticks and cudgels, their tormentors attacked them with such blind fury that the blood ran out of their mouths, eyes and noses. This was the second step that they took with these unfortunate people. Refinements My Lords, they did not stop there. Bamboos, ratans, of torture. ' 1-1 cc. canes, common whips and scourges, were not sufficient. I find that there is a tree in that country which bears strong and sharp thorns, which cruelly lacerate the flesh. They were not satisfied with ordinary Avhips, scourges and tor- ments ; but they got branches of this bale tree, as it is called, and scourged these poor people with the thorns, so that mere simple beating and whipping might appear to be mercy in comparison with it. But, refining in their cruelty, searching everything through the devious paths of nature, where she seems to have forgotten her usual plan, and produces things unfavourable to the life of man, they found a poisonous plant called the bechettea plant a plant which is a deadly Speech of Mr. Burke. 145 caustic, which inflames the parts that are cut, and leaves the ISFEB.ITSS. body a crust of leprous sores, and often causes death itself. With rods made of this plant they scourged the people whom they had scourged before. This, one would think, would have satisfied any ordinary Cruelties to cruelty. But we are so made that even the pains of the ci body fortify it for other pains. The mind strengthens as the body suffers, and rises as it were with an elastic force against those that inflict torments upon it. The mind gets the better of the body. Its pains give it spirit, and it defies the oppressor. These people were dealt with in another manner. There are people who can bear their own torture who cannot bear the sufferings of their families. The inno- cent children were brought out and scourged before the faces of their parents ; young persons were cruelly scourged, both male and female, in the presence of their parents. This was not all. They bound the father and son faca to face, arm to arm, body to body ; and in that situation they scourged and whipped them, in order, "with a refinement of cruelty, that every blow that escaped the father should fall upon the son, that every stroke that escaped the son should strike upon the parent ; so that, where they did not lacerate and tear the sense, they should wound the sensibilities and sympathies of nature. This was the common and every-day practice in this country for a long time. But, my Lords, there was more. Virgins, whose fathers kept them from the sight of the sun, were dragged into the public court, that court which was the natural refuge against all wrong, against all oppression, and all iniquity. There, in the presence of day, in the public court, vainly invoking its justice, while their shrieks were mingled with the cries and groans of an indignant people, those virgins were cruelly violated by the basest and wick- edest of mankind. It did not end there. The wives of the people of the country only differed in this, that they lost their honour in the bottom of the most cruel dungeons, where all their torments were a little buried from the view of mankind. They were not always left there, though there they suffered those cruel and outrageous wrongs wrongs to the people, to their manners, to the bodies and feelings of mankind : but they were dragged out, naked and exposed to the public view, and scourged before all the people. Here in rny hand is my authority; for otherwise one would think it almost incredible. But it did not end there. In order that nature might be violated in all those circumstances 146 Opening of the Impeachment: is FEB. 1788. where the sympathies of nature are awakened, where the remembrances of our infancy and all our tender remembrances are combined, they put the nipples of the women into the sharp edges of split bamboos and tore them from their bodies. Grown from ferocity to ferocity, from cruelty to cruelty, they applied burning torches and cruel slow fires my Lords, I am ashamed to go further those infernal fiends, in defiance of everything divine and human, planted death in the source of life ; and where that modesty, which more distinguishes man even than his rational nature from the base creation, turns from the view and dare not meet the expression, dared those infernal fiends execute their cruel and nefarious tortures where the modesty of nature and the sanctity of justice dare not follow them or even describe their practices. These, my Lords, were the horrors that arose from bribery the cruelties that arose from giving power into the hand& of such persons as Deby Sing and such infernal villains a& Gunga Govind Sing. Further par- My Lords, I forgot to mention to you one circumstance the torture though I rather think you must be tired of those scenes of mts epea horror and cruelty but, that you may know the length, breadth and depth, of this iniquity, and all this horrid system of nefarious peculation, I will mention a thing still more shocking. They took those unfortunate husbandmen, whom they imprisoned, they whipped them before they went into prison my Lords, I assure you that these details are not pleasant to myself, but they are necessary these men were very often brought by night into prison and whipped on going into prison : and, at those moments when nature takes refuge from all the miseries of life, while in a state of insen- sibility, they were awoke to be whipped again, and the watches of the night were established by a new succession of torments. The next morning, in winter time, when the country was quite destroyed, as if it were desolated by the frosts, which to us would not be so terrible but which to them are terrible, they were plunged into cold water, whipped upon their bodies, made tenfold more sensible by the cold,, and then led out to wander in their villages to see if they could raise anything by the charity of the few remaining inhabitants, who had escaped the same torments but expected them every day. Days of such exposure and nights of such torture made the whole vicissitudes of day and night to these people for many months together. tte^rt My Lords, the people of India are patience itself; their ofRungpore. Speech of Mr. Burke. 147 patience is too criminal. But here they burst at once into a 18FEB.1788. wild, universal, uproar and unarmed rebellion. The whole province of Rungpore and a great part of Dinagepore broke out into one general rebellion and revolt. The people fell as commonly happens upon those who were least guilty. They destroyed the subordinate instruments of tyranny. My Lords, Mr. Goodlad, who had been a patient witness of all these cruelties, to say no more, was not a patient witness of the rebellion. He immediately sent for a British officer and some troops. You may easily conceive how soon the regular troops got the better of all the resources of unarmed despair. The people were conquered and vanquished in the field ; slaughtered wherever they were met : and Mr. Goodlad ordered that those miserable people two or three, I think, he mentions should be taken, without process of law, without form, without proof of guilt, to be publicly hanged up ; and hanged up they were. The country rose in this rebellion. It was feared that it would extend into every part of the country ; and Mr. Good- lad was obliged to write down to Calcutta, that there never was so serious a rebellion in Bengal.* This was in 1773 [1783]. This made a great noise in Calcutta. But such a gulf for intelligence is there between us and Calcutta, that I dare say of all my noble and intelligent auditors very few of them have ever heard of this business. On the contrary, it is a constant rule that, when everything is quiet in Bengal all sullen despair and bought acquiescence there is supposed to be perfect content and satisfaction. But here the veil was torn ; the inside of the Bengal government was exposed to view ; and though not in the same degree, because the same rebellion and revolt did not break out, I have reason to suppose that, more or less, this has been the" situation of all the parts of the country which were subject to the government of Gunga Govind Sing. The Council, who were the tools of Gunga Govind Sing, TheCouncii when they heard of the state of affairs, thought it was not determine proper to pass by such a revolt as was represented by this m*mS* Mr. Goodlad. -Not knowing from whence it arose, they |nto'?hc re thought it arose from a disposition in the zamindars and the state of the husbandmen not to pay any more rent, But, however, that did not appear quite satisfactory even to this Council. They * See Goodlad's letter to the Committee of Revenue, dated Rungpore, 27th January, 1783, in the MS. volume, p. 1. K 2 148 Opening of the Impeachment: is FEB.17S8. thought it was necessary to send up, for mere decorum, a They seek commissioner, to examine into the matter ; and they cast vm s n tifle ho about them to find a man who was fit to be a good, quiet, the inquiry. re p resen ter of affairs ; so that at least, passing through his channel, all the atrocity, the wickedness, should be done away ; that it should come to a few, naked, speculative facts, if possible. Accordingly they found out in the settlement a servant of the Company, of tolerable standing, of very fair character, reputed to be a man of moderation almost to excess a man, mild, quiet, gentle, unconnected w,ith parties, of a moderate, peaceable, character. They thought that just such a man was exactly the man for their purpose ; and they took it for granted that from him they might expect a neutralised, balanced, colourless, account, in which faults should be laid on both sides, in which oblivion should be recommended as the best remedy for suffering, retrospec- tion only tending to raise difficulties ; and that, at last, the criminal should be left in possession of the plunder of the country, and the people in possession of their patience. That plan was very well conceived in every respect ; but never were men so wofully mistaken in the world. of M? c pater- ^ n Peterson, under this tame and placid outside, concealed son, the a vigorous mind, an enlightened and deciding understanding, s?oner. s " and a feeling heart. My Lords, he is the son of a gentleman of venerable age and excellent character in this country, who long filled the seat of chairman of the committee of supply in the House of Commons, and who is now enjoying repose from his long labours in an honourable age. The son, as soon as he was appointed to this commission, was awed by and dreaded the consequences. He knew to what temptation he would be exposed, from the known character of Deby Sing, to suppress or to misrepresent facts. He therefore took out a letter that he had from his father; which letter was the preservation of his character and the destruc- tion of his fortune. This letter he always resorted to in all trying emergencies of his life. He laid this letter before him, and there was enjoined such a line of integrity, of incorruption, of bearing every degree of persecution rather than disguising truth, that he w r ent up into the country in a proper frame of mind for doing his duty. Mr. Pater- J shn\\ beg leave to state to your Lordships his ideas of son s report , i // TT of the state the country at the nrst view or it. He says : of the * J country. J n mv fovo reports I have set forth in a general manner the oppressions which provoked the ryots to rise : I shall therefore not enumerate them Speech of Mr. Burke. 149 now. Every day of my inquiry served but to confirm the facts. The 18 FEB. 1788. wonder woul'd have been if they had not risen. It was not collection, but real robbery, aggravated by corporal punishment and every insult of disgrace ; and this, not confined to a few, but extended over every individual. Let the mind of man be ever so much inured to servitude, still there is a point where oppressions will rouse it to resistance. Con- ceive to yourselves what must be the situation of a ryot when he sees everything he has in the world seized to answer an exaggerated demand, and sold at so low a price as not to answer one-half of that demand ; when he finds himself so far from being released, that he remains still subject to corporal punishment. But what must be his feelings when his tyrant, seeing that kind of severity of no avail, adds family disgrace and loss of caste ? You, gentlemen, who know the reserve of the natives in whatever concerns their women and their attachment to their castes, must allow the full effect of these prejudices under such circum- stances." * These horrid and nefarious cruelties, which it has fallen Effects of unfortunately to my lot to state to your Lordships, implied loss of caste to those persons. Your Lordships remember that I stated that loss of caste there amounts to much more than a complete excommunication, a complete outlawry and a complete attainder, would do in this country. The men and the women who have lost their caste are no longer the children of their parents ; their children are no longer their children ; all their community of life is lost ; and if they can survive, it can be only amid the occupations of the lowest and basest of mankind. Such is loss of caste. My Lords, there was an instrument of torture still worse to their minds than any that I have yet stated. There is a kind of pillory in use in that country, which consists in the person being put upon a bullock, and, with drums beating, this bullock is driven through the country. And, when brahmans have been seized to be exposed to that indignity, they have supplicated rather that a cruel whipping should be substituted in the place of that ruinous disgrace. However, such disgrace was actually inflicted, and loss of caste happened in consequence of it. My Lords, having stated the causes of the rebellion, and having stated the opinion of Mr. Paterson when he saw the country, I \vill now state an expression of one of the natives of the country, who was forced to become an instrument in the course of these torments. He says that he went twelve miles without seeing a light not a lamp was lighted without finding means to make a fire to dress the food Letter of Mr. Paterson to the Committee of Revenue, dated Rungpore, 22nd June, 1783 ; entered in the MS. volume, p. 241. 150 Opening of the Impeachment : is FEB.178S. necessary for his subsistence such desolation was there in the country. ^7 Lords, all these horrible calamities attended the govern- ment of Deby Sing. You would imag-ine that the knowledge report by * the Council, or them instantly drew upon him the indignation of the government; that, if ever there was a time in which a government claiming arbitrary powers was to use them in the most ferocious manner, it would be then. Quite other- wise. The government, so arbitrary to the subject, is the mildest and most placid to the governor. They must not be too hasty in judging of Deby Sing ; opinions are not to be hastily taken up. Nay, the report of the commissioner must be subject to great exception. These were the tools of power that Mr. Hastings put between him and the people of the country. A precious and good choice he made upon such an occasion, when the greatest mischiefs had arisen to the country from his approving, if not choosing, the worst men of the country to exercise authority under him proving how well they acted their part, and rendering it unnecessary for him to take any part in it. Upon the first reports of the business the Council were a little stunned. They did not know what to do. At last came down a full report, with an immense body of evidence, from the commissioner* ; for though he might have deter- mined upon the view of the whole business, yet, as a serious, thinking, able, man, a man of business, he made such a report, followed with such a body of evidence, that probably no records of any country can furnish a greater body collected with greater diligence. All persons who act under government, by authority, in a public function, exercising a public trust, are intitled to a presumptive credit for the truth of all that they assert ; and the responsibility and burden of proof is thrown upon those who would attack the report. And until corruption, malice, or some evil disposition, is found in the person making this report, it ought to pass with his superiors and those whom he represents for truth. Very different opinions pre- vailed in Mr. Hastings' Council ; this executive body having only in name any authority. They first turn themselves into They call] judges. They turn [Mr. Paterson into an accuser, and call upon Mr. " ' , . , . i -r^ -\ c\- i Paterson upon him to prove his report: and Deby binor this man to prove his * report. * The report of Mr. Paterson, here referred to, is dated from Calcutta, the 22nd of September, 1783, and is entered in the MS. volume, p. 292. Speech of Mr, Burke. 151 worth 700,000/., and using it in this way is put up as is FEB. 1788. defendant They call before them Mr. Paterson ; and they make out and state heads of accusation taken from his report. They desire him to prove these against Deby Sing. They take exception that the depositions are not all upon oath ; Mr. Paterson never having been ordered to inquire upon oath not one word. Those depositions that are upon oath they throw a shade upon, saying that they are depositions of persons in rebellion, who want to make an excuse for their own rebellion. In short, they throw every difficulty in the way. And, while they are not throwing the smallest imputation upon Mr. Paterson's integrity or honour, they suppose that a man of such diligence, who made up three such volumes as these, is carried away with the warmth of imagination, though he can be proved to be the coldest and most phlegmatic of men ; though at the same time they allow there is pre- sumptive proof pretty strong ? gainst Deby Sing, and though Mr. Hastings is of opinion that there is nothing here charged against him of which he is not capable. [Here Mr. Burke was taken ill, and obliged to sit down. After some time Mr. Burke again addressed the House.] My Lords, I am sorry to break the attention of your Lord- ships in such a way. It is a subject that agitates me. It is long, difficult and arduous ; but, with the blessing of God, if I can, to save you any further trouble, I will go through it this day. I am to tell your Lordships that, after putting Mr. Pater- son as an accuser to make good a charge, which he made out too much to their satisfaction, the next step they took was to change their battery. [Mr. Burke' s illness increased ; upon which the House, on the motion of His Royal Highness the Prince of Wales, adjourned.] 152 Opening of the Impeachment: CONTINUATION OF THE SPEECH OF THE RT. HON. EDMUND BURKE, MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE IMPEACHMENT; 19 FEBRUARY, 1788. Conse- quences of me delega- tion of his power by Mr. Hast- ings to Deby Sing. Treatment of Mr. Pater- son by the Council. MY LORDS, In any great undertaking, a failure in the midst of it, even from some infirmity, though to be regarded principally as a misfortune, is attended with some slight shadow of disgrace ; but your Lordships' humanity and your love of justice have remedied everything, and I therefore proceed with confidence this day. My Lords, I think, to the best of my remembrance, the House adjourned at the period of time in which I was endeavouring to illustrate the mischiefs that happened from Mr. Hastings throwing off his responsibility by delegating his power to a nominal Council, but in reality to a black bad man, a native of the country, of the worst character that could be found in it ; and the consequence of his so doing, in preventing the detection and the punishment of the grossest abuses that ever were known to be committed in India or in any other part of the world. My Lords, I stated to you that Mr. Commissioner Pater- son was sent into that country with all the authority of government, with power to hear, and not only to hear and to report, but to redress the grievances which he should find in the country. In short, there was nothing wanting to his power but an honest support. Some of the things contained in his reports I have taken the liberty of laying before your Lordships ; but very faintly, very imperfectly, and far short of my materials. I have stated to you that the criminal against whom the commissioner made his report, instead of being punished by that strong hand of power which Mr. Hastings has thought proper to use upon other occasions, when he has endeavoured to make princes, or persons in the rank and with the attributes of sovereign princes, feel, whenever they have incurred his private resentments that this man was put into every situation of offence or defence which the most litigious and prevaricating laws that ever Mr. Patcr- sotu Speech of Mr. Burke. 153 were invented In the very bosom of arbitrary power could 19 FEB. irss. afford him, or by which peculation and power were to be screened from the cries of an oppressed people. Mr. Pater- son, I stated, from being a commissioner directed to report under the authority of the government to that government, was considered as a voluntary accuser, obliged to make good the articles of his charge. But I believe I stated that he did not long remain in that condition. For Deby Sing, who P^by sing ,.,, ,, ,. ,./ ,, becomes the at first began in the humble, sneaking, suppliant, tone ot a accuser of J I, 1 IV J 1 1, ~ "~*~ man under charges, a man holding a secondary and sub- ordinate situation answering those charges, by degrees, as his protection increased, his boldness growing along with it, no longer takes the tone of an accused person. He boldly stands forward ; he reverses the situation which was imposed before upon Mr. Paterson; he becomes Mr. Paterson's accuser. At first, he began by saying that he believed Mr. Paterson was mistaken ; that he had taken up things a little too warmly ; that he had listened to perverse repre- sentations. He now steps forward; charges him with forgery in order to destroy him ; takes the upper hand in the business ; impeaches Mr. Paterson, and desires to be heard before this nominal committee, in reality before Gunga Govind Sing. This business now has taken a third step. First Mr. Paterson is a commissioner to report ; then an accuser to make good his charge ; then a party accused, who is to stand and answer the charges made against him by Deby Sing. This is the third metamorphosis of Mr. Paterson's situation. In this situation, which instead of defence may well be called persecution, he is charged with some of the most malignant crimes that probably, I will venture to say, ever put to trial the patience of mankind. He was ordered by this very board which I hope your Lordships will recol- lect I proved yesterday were only tools in the hands of Gunga Govind Sing, and therefore I charge them only with instrumentality he was ordered to bring down a man of infamous character, abandoned morals, not upon charges of his, but charges of other persons. This man soon got out of the hands of his guard, sat as an assessor by the side of the Council, and there interrogated Mr. Paterson. I believe all human constancy would be shaken when this took place a man who had gone into the country to report the condition of a wretched, unhappy, people, undone by a miserable oppressor. Your Lordships will be convinced that the road 154 Opening of the Impeachment 10 FEB.J1788. of fortune was easy to Mr. Paterson ; for Deby Sing would Upright for a favourable report have given a large sum of money. Mr. d pate- f Your Lordships will be convinced that the committee would son> not have received such a report as a proof of bribery ; but they would rather have considered the author of it as a man who tended to conciliate and to soften troublesome and difficult matters, and to settle the order of government as soon as possible. But this man, who had bestowed all this patience, whose honour and veracity constantly received just attestations during the whole of this affair, whose morality and virtue received repeated testimonials, this very man was turned into an accused person, and that accusation submitted to the Council. In that situation, I must do him the justice to say that he behaved like a hero. He never tottered for one moment on the firm ground of principle on which he stood. He was altered in his situation, and he was now to go back into that country and that on permission, a grace, a favour, granted to him where he had but lately appeared as a protecting angel, where the people had looked upon him as carrying with him the whole power of a beneficent government ; he was to go back, in his altered situation, to try whether any of the ruined, dejected, unhappy, hunted, people are to be found with constancy enough, against the known power of their former oppressor, to stand to their former accusations, vants of the ^T Lords, the next step was to appoint another commission Company to try the question between Mr. Paterson and Deby Sing-. appointed * j i i o A f -L toadjudi- And who are those commissioners : A set of the junior tweenlyir. servants of the Company ; and before them their superior and e Dcby was seu t- They were to examine and to inquire into the Sin s- proceedings ; and he was, like an accused person, but without the authority, without the favour, which ought to go with an accused person, to make out such a state of his defence for he is now upon his defence as could be made out. In that situation, he wrote one of the most pathetic memo- rials that ever was penned to the Council, submitting to his hard fate, but standing inflexibly to his virtue that brought it upon him. And, when your Lordships come to see his memorials, you will see that he is a man of lofty principle, and well deserving of the honour of all the sufferings that he sustained in the cause of virtue. This commission of junior servants, who were sent to inquire into the inquiry, to examine into the examination, to control the report, to be commissioners upon the commission Speech of Mr. Burke. 155 of Mr. Paterson, these persons went down into that country, and for a long period spent their time in mere matters of form : but they soon found that they could not do without a representative of Deby Sing, and accordingly they ordered Deby Sing to send up his vakil. I forgot to state to your Lordships what the condition of Treatment Deby Sing was during this proceeding. He had been ordered during y the ns to Calcutta on two grounds ; one, on the matter of his miscon- pro ' duct at Rungpore ; the other for a great failure in the pay- ment of his revenue. Under this double accusation he was considered as a prisoner. According to the mild ways of that country especially where they choose to be mild, and the persons are protected by power he was kept, not in the common gaol of Calcutta, not in the prison of the fort, not in the gaol in which Nundcomar was confined, but under a free custody ; that is, attended with a guard at Calcutta, where he was daily in conference with those who were to judge him. He was put under a guard of sepoys, not confined to his house, but permitted to go abroad ; and, having an address which seldom fails, a dexterity never wanting to a man possessed of 700,000?., he converted this guard into a retinue of honour : their bayonets were lowered, their muskets laid aside, and they attended him with side arms, and many with silver verges in their hands, to mark him out rather as a great magistrate attended by a retinue than a prisoner under guard. When he was ordered to send a vakil to Rungpore to defend his conduct, he refused to send him. Upon which, the commissioners, instead of saying, " If you will not send your agent, we will proceed in our inquiry without you " and indeed it was not made necessary by the commission that he should be there either by vakil or otherwise admitted his refusal and ordered him to come up. He accordingly entered that province with this guard, in the manner I have before mentioned, more as a person returning in triumph from a great victory than as a man under the load of all those enormous charges which I have stated. He entered that province in this manner ; and Mr. Paterson saw himself, though lately the representative of the India Company, at least a servant high in authority and an Englishman, an old servant of the Company, is a great man in that country left naked and destitute, without any mark of official situation or dignity. He was present while all the marks of Marks of imprisonment were turned into marks of respect and dignity 156 Opening of the Impeachment : 19 FEBL1788. the Com- Sing. The people without redress. Mr. Hast- merits, and with controi ed to . to this consummate villain, whom I have the misfortune of introducing to your Lordships' notice. Mr. Paterson, seeing the effect of that proceeding everywhere, seeing the minds of the people broken, subdued and prostrate, under it, and seeing that, so far from having the means of detecting the villanies of this insolent criminal appearing as a magistrate, he had not the means of defending even his own innocence, because everything fled and was annihilated before him, seeing all this, he represented to these young commissioners, the junior servants, that this appearance of authority, this immense fol- lowing, tended to strike terror into the hearts of the natives, and to prevent his receiving justice. The Council sat on it very deliberately ; and they found that it was true that, if he had such an attendance any longer in such a situation and a large attendance it was, such as the Chancellor of this kingdom or the Speaker of the House of Commons does not appear with it would have an evil appearance. On the other hand, they said, if he should appear under a guard the people would consider him as under disgrace. They therefore took a middle way, and ordered the guard not to appear with fixed bayonets, which had the appearance of the custody of a prisoner, but to lower their muskets and unfix their bayonets. The next step which these commissioners took was to exclude Mr. Paterson from all their deliberations; and, in order that both parties should appear on an equality, you would naturally conclude that Deby Sing was likewise ex- cluded. Far from it : he sat upon the bench. Need I say any more upon this subject ? The protection followed. Four years passed. Mr. Paterson remained in a state of persecution and continual conflict ; Deby Sing remained in this mode of imprisonment ; and the wrongs of the people f Rungpore, which were much more considerable than even those of that virtuous man Mr. Paterson himself, re- ... . , , . mamed totally without redress : they remain so to this day, and they will remain so for ever if your Lordships do not redress them. I stated before that I considered Mr. Hastings responsible for the characters of the people whom he employed ; doubly responsible if he knew them to be bad. I charge him with putting persons of known evil character in situations in which evil might be committed. My Lords, I charge him as chief Governor with destroying the institutions of the coun t r 7 which were, and ought to be, controls upon such a Speech of Mr. Burke. 157 person as Deby Sing. An officer called diwan, or steward w FEB. nss. of the country, had always been placed as a control upon O fficew~of the farmer. But that no such control should in fact exist trust> that he, Deby Sing, should be let loose to rapine, slaughter and plunder, in the country, both offices were conferred on him. Did Mr. Hastings vest those offices in him ? No ; but, if Mr. Hastings had kept firm to the duties which the act of Parliament appointed him to execute, all the revenue appointments must have been made by him. But, instead of making them himself, he directed them to be made by Gunga Govind Sing ; and for that appointment, and for the whole train of subordinate villany which must follow when you place iniquity in the chief seat of government, Mr. Hastings is answerable. He is answerable, first, for destroying his own legal capacity ; and, next, for destroying the legal capacity of the Council, not one of whom ever had, or can have, any true knowledge of the state of that country from the moment that Mr. Hastings buried it in the gulf of mystery and of darkness under that collected heap of villany, Gunga Govind Sing. From that moment Mr. Hastings destroyed the power of government, and put everything into the hands of Gunga Govind Sing; for which I say Mr. Hastings is answerable. Every provincial Council contained many members, who, The action though they misht unite in some special iniquities, could not Counciis. cial possibly have concealed from the public such acts as these. Their very numbers, their very natural competitions, the contentions that must have arisen among them, must have put a check, at least, to such a business. And, therefore, Mr. Hastings having destroyed every check and control above and below, and having delivered the whole government into the hands of Gunga Govind Sing, for all the iniquities of Gunga Govind Sing he is responsible. But he did not know Deby Sing, whom he employed. I read yesterday, and I trust it is fresh in your Lordships' remembrance, that Deby Sing was presented to Mr. Hast- ings by Gunga Govind Sing ; for he was presented by that set of tools, as they call themselves, who acted, as they themselves tell us they must act, entirely and implicitly under Gunga Govind Sing. Mr. Hastings is further responsible, because he took a f^^f^. bribe of 40,0007. from some person in power in Dinagepore sibie for i -r> ,1 1-1 jj-^1 bribes re- ana Kungpore, the countries which were ravaged in the ewed manner I have described; and he took it through the medium jJeby 158 Opening of the Impeachment: Bribery reduced to a system. 19 FEB. 1788. of that very person whom he had appointed to exercise all the authority of the Supreme Council above, and of all subordinate Councils below. So that your Lordships see he had appointed a Council of tools, at the expense of 62,OOOZ. a year, to supersede all the English officers, for the purpose of establishing a bribe factor-general, a general receiver and agent of bribes through all that country. And for this Mr. Hastings is responsible, and for all the consequences of it. My Lords, I have stated these things to you but shortly, partly because of my infirmity, and partly because of the odiousness of the task of going through all these things that disgrace human nature. But, when I charge Mr. Hastings with all this, what do I charge him with? I bring it for- ward to your Lordships as an example to you of what the thing bribery reduced to a system of government is. Mr. Hastings has not only done it practically, but theore- tically. For when he despaired any longer of concealing his bribes from the penetrating eye of Parliament, then he took another mode, and declared as I believe we can find in the course of these proceedings, and your Lordships shall see it that it was the best way of supplying the necessities of the East India Company in the pressing exigencies of their affairs ; that it was a way by which relief to the Company's affairs could be yielded, which, in the common, ostensible, mode, and under the ordinary forms of government and publicly, never would be yielded to them. So that bribery with him became a supplement to exaction. My Lords, I have thought it necessary, and absolutely necessary it is, to state what the consequence of this clandes- tine mode of supplying the Company's exigencies was. Your Lordships will see that their exigencies are to be supplied by the ruin of the landed interest of a province, the destruction of the husbandmen and the ruin of all the people in it. This is the consequence of a general bribe broker, an agent like Gunga Govind Sing, superseding all the powers and con- trols of government. This consequence follows from that system. The best practical way of showing the evil of any system is to show the mischiefs that it produces ; because a thing may look specious in theory, and yet be ruinous in practice; and a thing may look evil in theory, and yet be in its practice excellent. Here a thing, in theory stated by Mr. Conse- quences of the system. Hastings to be productive of much good, is in reality Speech of Mr. Burke. 159 productive of all those horrible mischiefs that I have stated. WFEB. ivss. That Mr. Hastings well knew this appears from an extract of the Bengal Revenue Consultations, 2 1st January, 1785, a little before he came away. We shall there see what things he did, what course he was in, a little before his departure ; and we shall find with what propriety and con- sistency of character he has behaved, from the year of the commencement of his corrupt proceeding, in 1773, to the end of it, when he closed it, in 1785 ; Avhen the bribes not only mounted the chariot, but boarded the barge, and, as I shall show, followed him down the Ganges and even to the sea : for he never quitted his system of iniquity it survived his political life itself. One of his last political acts was this. Your Lordships Mr. Hast- will recollect that there was a Mr. Goodlad in the country, ufof M?. ult ' whose conduct was terrible indeed : for he could not be in Goodlad - that country in place and authority and be innocent, while such things were doing, as we shall prove; but that is not now my consideration. The Governor General's minute was this* " I entirely acquit Mr. Goodlad of all the charges: he has disproved them. It was the duty of the accuser to prove them" the accuser, namely, the commissioner. " Whatever crimes may be established against Raja Deby Sing, it does not follow that Mr. Goodlad was responsible for them ; and I so well know the character," &c. Now your Lordships perceive he has acquitted Mr. Goodlad. He is clear. Be it, that he is fairly and honestly acquitted. But here is Mr. Hastings' account of Raja Deby Sing. He is presented to him in 1781 by Gunga Govind Sing as a person against whose character there could be no exception, and by him accepted in that light. His opinion of him is this : " I so well know the character and abilities of Ra ; a Deby Sing, that I can easily conceive that it was in his power both to commit the enormities which are laid to his charge and to conceal the grounds of them from Mr. Goodlad, who had no authority but that of receiving the accounts and rents of the district from Raja Deby Sing, and occasionally to be the channel of communication between him and the committee."f Now your Lordships see what Mr. Hastings' opinion of Deby Sing was. We shall prove at another time, by abun- dance of clear and demonstrative evidence, that, whether he was bad or no but we shall prove that bad he was indeed * Printed in the Minutes of Evidence, p. 1251. f Part of the Minute referred to above. 160 Opening of the Impeachment: 19 FEB. 1768. even he could hardly be so bad as the opinion which Mr. Hastings entertained of him ; who, notwithstanding, now turns off this mock committee, instituted by himself, but in reality wholly managed by Gunga Govind Sing. This Deby Sing is accepted as an unexceptionable man ; and yet Mr. Hastings knows both his power of doing mischief and his Deceptive artifice in concealing it. If then Mr. Goodlad is to be character of . . . . . , _ _ _ Mr. Good- Acquitted, does it not show the evil of Mr. Hastings con- pointme'nt. duct in destroying those provincial Councils, which, as I stated in the beginning of this case, were obliged to book everything, to minute all the circumstances that came before them, together with all their consultations ? Mr. Hastings strikes at them all at once ; but still he leaves an English- man in the country to be a control upon this wicked agent, appointed under Gunga Govind Sing for the purpose of giving bribes, in the midst of that very province where Mr. Hastings said he had the power of doing such things, and which nobody doubts his disposition to do, for his power plainly means his disposition. Yet this Englishman was left in such a state of inefficiency that those iniquities could be concealed, though every one true, from the person appointed there as if it were to inspect them. What was his business there ? His business was nothing but to receive such sums of money as Deby Sing might put into his hands, and which might easily have been sent to Calcutta. He was therefore of no use but to be a communication from Deby Sing to the com- mittee. There is then the English authority which Mr. Hastings left in the country ; there is the native authority which he settled ; there is the destruction of the English in- spection ; and there is the establishment of native iniquity in of supping a regular system under Gunga Govind Sing. I hope I need bribes! 6 sa y no more to prove to your Lordships that this system, taken nakedly as it thus stands, founded in mystery and obscurity, founded for the very express purpose of conveying bribes, as the best mode of collecting the revenue, and supplying the Company's exigencies through Gunga Govind Sing, would be iniquitous upon the face and the statement of it. But, when your Lordships have seen what horrid effects it produced, you Avili easily see what the mischief and abomi- nation of Mr. Hastings' destruction of these Councils and the protecting of these persons must necessarily be. If you had not known it in theory, you must have seen it in practice. But, when both practice and theory concur, there can be no doubt that a system of private bribery for a revenue, and a Speech of Mr. Burke. 161 system of private agency for a constitutional government, 19 FEB. ITSS. must ruin the country where it prevails, must disgrace the country that uses it, and finally end in the destruction of the revenue. For what says Mr. Hastings ? " I got 40,0007. in bribes, and applied it to the use of the Company." Now I hope I shall demonstrate if not, it will be, by some one abler than I, demonstrated in the course of this business that there never was a bribe received by Mr. Hastings that was not instantly followed by a deficiency in the revenue. Deby Sing was, at the time that Mr. Hastings came away, between 20,OOOZ. and 3.0,000/. debtor to the Company. So that in truth you always find a deficiency of revenue equal to, and in some instances I shall show double, all the bribes Mr. Hastings received ; which makes it evident that he never could and never did receive them under that absurd and strange idea of a resource to government. For it is clear and demonstrable and it is a thing which I wish your Lordships to understand you are to call upon us to prove that the revenue has always failed in pretty nearly the same ratio, sometimes far above it, as the bribes received by Mr. Hastings as you might well expect. My Lords, I must restate to you, because I wish you never The con> to forget it, that this Council was in their own opinion and the Council from their own certain knowledge and mere motion, if motion ^Sge1*e can be attributed originally to instruments, a mere tool in revenue* . . _. & . J _. , tool in the the hands of Gunga Govind oing. There were two persons hands or principal in it ; Mr. Shore, who was the acting president, and Mr. Anderson, who was president in rank and president in emolument, but who was absent for a great part of the time upon a foreign embassy. It is the recorded opinion of the former for I must beg leave to read again a part of the paper which has already been read to your Lordships that " the committee, with the best intentions, best abilities and steadiest application, must, after all, be a tool in the hands of their diwan." Do you believe, in the first place, that men will long have abilities, will long have good intentions, and will long, above all, have steady application, when they know they are but tools in the hands of another, when they know they are but tools for his own corrupt purposes ? Now I must beg leave to state to you that, on the con- The com- stitution of this committee, Mr. Hastings made them all bound by take a solemn oath that they would never receive any pre- 0t * sent whatever. It was not enough to trust to a general covenant ; it was not enough to trust to the penal act of 1773; he bound the committee by a new oath, and forced L 162 Opening of th e Impeachment : s. them to declare, that they would not receive any bribes. As soon as he had so secured them against receiving bribes, he was resolved to make them inefficient, a good way to secure them against bribes, by taking from them the power of bribe-worthy service. This was a good counter-security * their oath. But Mr. Hastings put a diwan there against appoints a whom there was no security. While he bound the hands of notraitnin- the masters both by the strongest restriction and by impo- taidnT tence, he let loose their diwan, to frustrate their intentions, presents, their application, their abilities and their oath ; that is, there was a person at the board who was more than the board itself, who might riot in peculation and plunder from one end of the country to the other. He was there to receive bribes for Mr. Hastings. The sub-committee re- fused them ; they were to be pare with impotent hands : and then came a person with ample power for himself; and, lest he should not have power enough, he was made general bribe-broker to Mr. Hastings. Through him Mr. Hastings brfbcs for received the bribe from Dinagepore. This secret under- current, as your Lordships will see, totally counteracted everything : for as fast as one part was rendered pure all the rest was totally corrupted. ^n'A^f^ But your Lordships must not think that this was the son s opinion % J ^ JT ^ ^ iho 'low* f P riva te opinion of Mr. Shore only a man of great abilities, and intimately acquainted with the revenue, Avho must know when he was in a situation to do good and when he was not. There was another person, Mr. Anderson, who was Mr. Hastings' confidant in everything but his bribes, and sup- posed to be in his closest secrets. I should remark that Mr. Anderson is a man apparently of weak nerves, of modest and very guarded demeanour, as we have seen him in the House of Commons ; it is in that way only that I have the honour of knowing him. On being asked whether he agreed in the opinion and admitted the truth of his friend Mr. Shore's statement relative to the diwan of the com- mittee, his answer was this : " I do not think that I should have written it quite so strong, but I do in a great measure agree to it ; that is, I think there is a great deal of truth in the observation. I think in particular that it would require great exertion in the committee, and great abilities on the part of the president, to restrain effectually the conduct of the diwan. I think it would be difficult for the committee to interpose a sufficient control to guard against all the abuses of the diwan." * * See " Minutes of the Evidence taken before a Committee of the whole House of Commons on the Articles of Charge, &c., against Warren Hastings," &c. ; 30th March, 1787, p. 142. Speech of Mr. Burke. 163 ^ Here are the real president of the committee and the 19 FEB. 1733. most active efficient member of it: they are both of one opinion concerning their situation. And I think this opinion of Mr. Anderson's is still more strong ; for as he thinks he should have written it with a little more guard, but should have agreed in substance, you must naturally think the strongest expression the truest representation of the cir- cumstance. There is another circumstance that must strike your Lord- Duty of the ,. , .. ,1 .-, , mi -i j. J.T- .president to ships relative to this institution. The president says that restrain the the use of the president would be to exert his best abilities, taking r his greatest application, his constant guard for what ? To bnbcs - prevent his diwan from being guilty of bribery and oppres- sions. So here is an executive constitution, in which the chief executive minister is to be in such a situation and of such a disposition that the chief employment of the presiding person in the committee is to guard against him and to pre- vent his doing mischief. Such a constitution, allowed and alleged by the persons themselves who composed it, was, I believe, never heard of in the world. Here is a man ap- pointed, of the greatest possible power, of the greatest possible wickedness, in a situation to exert that power and wickedness for the destruction of the country; and I do think that it would require the greatest ability and diligence in the person at the head of that Council to prevent his doing mischief. So that the great object here is that one part of the committee should be employed to prevent the other part doing mischief. Now that I have done with this part of the system of Mr.Hast- bribery, your Lordships will permit me to follow Mr. Hast- s " A n_ i j.i_ the board, observe that the committee of revenue are totally silent on the most exposing the material points therein, and sending the petition to them has only been o7tlK> U tranI- so mucn time thrown away; I mean on the actual value of the lands action. ' in question ; what the amount derived from them has been in the last year ; and what advantages or disadvantages to government by the sale ; and whether in their opinion the supposed sale was compulsive or not. But it is not necessary for the discussion of the question respecting the regularity or irregularity of the pretended sale of Salbarry to Gunga Govind Sing, the dewan, to enter into the particular assertions of each party. The representations of the Rajah's agent, confirmed by the peti- tions of his principal, positively assert the sale to have been compulsive and violent ; and the dewan as positively denies it, though the fears he expresses ' that their common enemies would set aside the act before it was complete ' show clearly that they were sensible the act was unjusti- fiable, if they do not tend to falsify his denial. But it is clearly esta- blished and admitted by the language and writings of both parties that there has been a most unwarrantable collusion in endeavouring to alienate the rights of government, contrary to the most positive original laws of the constitution of these provinces, ' that no zemindar and other landholder paying revenue to government shall be permitted to alienate his lands without the express authority of that government.' " The defence set up by Gunga Govind Sing does not go to disavow the transaction ; for if it did, the deed of sale, &c. produced by himself, and the petition to the board for its confirmation, would detect him. On the contrary, he openly admits its existence, and only strives to show that it was a voluntary one on the part of the Ranee and the servants of the Rajah. Whether voluntary or not, it was equally criminal in Gunga Govind Sing as a public officer of government, because diametrically opposite to the positive and repeated standing orders of that government for the rule of his conduct as dewan and native guardian of the public rights, entrusted especially to his care ; because it was his duty, not only not to be guilty of a breach of those rules himself, but as dewan, and exercising the efficient office of kanungo, to prevent, detect, expose, and apprise his employers of every instance attempted to the contrary ; because it was his duty to prevent the government being defrauded, and the Rajah, a child of nine years old, robbed of his hereditary possessions, as he would have been if this transaction had not been detected ; whereas, on the contrary, the dewan is the principal mover and sole instrument in that fraud and robbery, if I am rightly informed, to the amount of 42,474 rupees in perpetuity, by which he alone was to benefit; and because he has even dared to stand forward in an attempt to obtain our sanction, and thereby make us parties to, in my opinion, a false deed and fraudulent transaction, as his own defence now shows the bill of sale and all its collateral papers to be. " If offences of this dark tendency and magnitude were not to be punished in a public manner, the high example here set the natives, employed under the government, by their first native officer, would very soon render our authority contemptible, and operate to the destruction of the public revenues. I will not dwell further on the Speech of Mr. Bnrlce. 177 contradictions in these papers before us on this subject. But I beg 19 FEB. 1788. leave to point out how tenacious the government have been of in- suring implicit obedience to their rules on this subject in particular, and in prohibiting conduct like that here exhibited against their public officer ; and how sacredly they have viewed the public institutes on this subject which have been violated and trampled on ; and it will suffice to show their public orders on a similar instance which happened some time ago, and which the dewan, from his official situation, must have been a party in detecting. " I desire the board's letter to the committee on this subject, dated the 31st May. 17^-, may be read, and a copy be annexed to this minute. I therefore move the board that Gunga Govind Sing may be forthwith required to surrender the original deeds produced by him as a title to the grant of Salbarry, in order that they may be returned to the Rajah's agents to be made null and void. I further move the board that the dewan Gunga Govind Sing, together with his naib, Prawn Kishin Sing, his son and all his dependents, be removed from their offices, and that the Roy royan, Rajah Rajebullub, whose duty only Gunga Govind Sing virtually is to perform, be reinstated in the exercise of the duties of his department ; and that Gxinga Govind Sing be ordered to deliver up all official papers of the sircar to the committee of revenue and the Roy royan ; and that they be ordered accordingly to take charge of them, and finally settle all accounts." This motion was overruled, and no final proceeding Motion annear* thereupon ajjp<_< overruled Mv Lords, YOU have heard the proceedings of the court ythe ., llir" /^I'lO' 1 l ^ ount '"' before which (jrunga (jrovind bmg thought proper to appeal, in consequence of the power and protection of Mr. Hastings being understood to exist after he left India and authenti- cated by his last parting deed. You will judge by that last act of Mr. Hastings what the rest of his whole life was. My Mr. Hast- Lords, I do not mean now to go further than just to remind mmt g f V und- your Lordships of this, that Mr. Hastings' government was Bribery and one whole system of oppression, of robbery of individuals, of oppression, destruction of the public, and of supersession of the whole system of the English government, in order to vest in the worst of the natives all the powers that could possibly exist in any government, in order to defeat the ends which all governments ought in common to have in view. Thus, my Lords, I show you at one point of view what you are to expect from him in all the rest. 1 think I have made out as clear as can be to your Lordships, so far as it is necessary to go, that his bribery and peculation was not occasional, but habitual ; that it was not urged upon him at the moment, but was regular and systematic. I have shown to your Lordships the consequence of such a system acting upon the revenues. Your Lordships will see the result of M 178 Opening of the Impeachment : 19 FED. 1788. His flea, of increasing the revenue. Sale of the province of Behar to Rajas Kel- leram and Cullian Sing Bribe re- ceived, and increase of revenue pretended. Mr. Plastings thus peculating and publicly destroying for it was much more than waste and prodigality all the revenues of the country, in order to acquire for himself that protection which such acts would necessarily require I beg now to state to your Lordships that Mr. Hastings pleads one constant merit to justify those acts, namely, that they produce an increase of the public revenue ; and accord- ingly he never sells to any of those wicked agents any trusts whatever in the country, that you do not hear that the sale will considerably tend to the increase of the revenue. Your Lordships will see that when he sold to wicked men the pro- vince of Behar in the same way in which Deby Sing had this province of Dinagepore, consequences of a horrid and atro- cious nature, though not to so great an extent, followed from it. I will just beg leave to state to your Lordships that the kingdom of Behar is annexed to the kingdom of Bengal ; that this kingdom was governed by another provincial Council ; that he turned out that provincial Council, and sold that government to two wicked men, one of no fortune at all, and the other of a very suspicious fortune; one a total bankrupt, the other justly excommunicated for his wicked- ness in his country, and then imprisoned for misdemeanours in a subordinate situation of government. Mr. Hastings destroyed the Council that imprisoned him ; and, instead of putting one of the best and most reputable of the natives to govern it, he takes out of prison this excommunicated wretch, hated by God and man this bankrupt this man of evil and desperate character this mismanager of the public revenue in an inferior station : and, as he had given Bengal to Gunga Govind Sing, he gave this province to Rajas Kelleram and Cullian Sing. My Lords, it was done upon this principle that they would increase, and very much better the revenue. These men seemed to be as strange instruments for improving a revenue as ever were chosen, I suppose, since the world began. Perhaps their merit was that they had given a bribe of 40,0007. to Mr. Hastings. How he attempted to dispose of it I do not know; but he says, " I disposed of it to the public, and it was in a case of emergency." You will see in the course of this business the falsehood of that pre- tence ; for you will see that though the obligation is given for it as a round sum of money, the payment was not accom- plished till a year after ; therefore it could not answer any immediate exigence of the Company. Did it answer in an Speech of Mr. Burke. 179 increase of the revenue ? The very reverse. Those persons 19 FEB. 1788. who had given this bribe of 40,000/. at the end of that year were found to be 80,0007,. in debt to the Company. The Company always loses when Mr. Hastings takes a bribe ; and when he proposes an increase of the revenue the Com- pany loses often double. But I hope and trust your Lord- ships will consider this idea of a monstrous rise of rent given by men of desperate fortunes, situations and charac- ters, to be one of the grievances instead of one of the advan- tages of this system. For, when a just, natural, easy, revenue is quitted in a country; when the limits which nature, justice and reason, prescribe to all governments with respect to revenue are shamefully transgressed ; the con- sequence will be that the worst men in the country will be chosen as Mr. Hastings has actually chosen the worst men in the country to effectuate this work. Because it is impossible for any good man by any honest means to provide at once for the exigencies of a strong, severe, public exaction, and for the private bribes of a rapacious chief magistrate. The consequence of such a system must be oppression, rack and ruin, cruel exactions and horrible tortures ; so that none but wicked, bloody and rapacious, persons can be employed to execute such a task. Therefore I charge Mr. Hastings and we shall charge charges him afterwards, when we come to bring the evidence more filings! 1 '" directly and fully home with having destroyed, for private Suppression purposes, the whole system of government by the six pro- provincial vincial Councils, which he had no right to destroy. I charge him with having delegated away from himself Iu epi dele- that power which the act of Parliament had directed him to power. preserve inalienably in himself. I charge him with having formed a committee to be mere Establish- instruments and tools, at the enormous expense of 62,0007. per annum. of revenue. I charge him with having appointed a person their diwan, Appoint- to whom these Englishmen were to be subservient tools ; notoriously whose name was to his own knowledge, by the general character voice of the Company, by the recorded official transactions, ai ? thcir by everything that can make a man known abhorred and detested, stamped with infamy; and I charge him with giving him the whole power which he had thus separated from the Council General and from the provincial Councils. I charge him with taking bribes of Gunga Govind Sing. Taking M 2 bribes - 180 Opening of the Impeachment: ij FEB. 1788. I charge him with not having done that bribe-service Treachery, which fidelity, even in iniquity, requires at the hands of the worst of men. Robbery \ charge him with having robbed those people of whom he after receipt . ' .. of bribes, took the bribes. Defraudin" I charge him with having fraudulently alienated the widows, fortunes of widows. andorphans. I charge him with having, without right, title or pur- chase, taken the lands of orphans and given them to wicked persons under him. Appoint- I charge him with having removed the natural guardians Deby sing of a minor Raja, and given his zamindary to that wicked as Kuardiau , . Tl^U-.,. CH,- to the minor person, Deby king. I chare him his wickedness bein known to himself and all the world with having committed to Deby Sing the mann gcment of three great provinces ; and with having thereby wasted the country, destroyed the landed inter- est, cruelly harassed the peasants, burnt their houses, seized their crops, tortured and degraded their persons, and destroyed the honour of the whole female race of that country. In the name of the Commons of England, I charge all this villany upon Warren Hastings in this last moment of my application to you. Greatness of My Lords, what is it that we want here to a great act of rause^ri- 1 * national justice ? Do we want a cause, my Lords ? You minaiand have the cause of oppressed princes, of undone women of prosecutors. _ . _ ** , , the first rank, of desolated provinces and of wasted kingdoms. Do you want a criminal, my Lords ? When was there so much iniquity ever laid to the charge of any one ? No, my Lords, you must not look to punish any delinquent in India more. Warren Hastings has not left substance enough in India to nourish such another delinquent. My Lords, is it a prosecutor that you want ? You have before you the Commons of Great Britain as prosecutors ; and I believe, my Lords, that the sun, in his beneficent progress round the world, does not behold a more glorious sight than that of men, separated from a remote people by the material bounds and barriers of nature, united by the bond of a social and moral community ; all the Commons of England resenting as their own the indignities and cruelties that are offered to all the people of India. Speech of Mr. Burke. 181 Do we want a tribunal ? My Lords, no example of anti- 19 P EB . irs quity, nothing in the modern world, nothing in the range of Q^^J^. human imagination, can supply us with a tribunal like this, tionofthe , 11 ,1 i> i tribunal. My Lords, here we see virtually, in the mind s eye, that sacred majesty of the Crown, under whose authority you sit and whose power you exercise. We see in that invi- sible authority, what we all feel in reality and life, the beneficent powers and protecting justice of His Majesty. We have here the heir apparent to the Crown, such as the fond wishes of the people of England wish an heir apparent of the Crown to be. We have here all the branches of the Royal Family, in a situation between majesty and subjection, between the Crown and the subject, offering a pledge in that situation for the support of the rights of the Crown and the liberties of the people, both which extremities they touch. My Lords, we have a great hereditary peerage here ; those who have their own honour, the honour of their ancestors and of their posterity, to guard ; and who will justify, as they have always justified, that provision in the constitution by which justice is made an hereditary office. My Lords, we have here a new nobility, who have risen and exalted them- selves by various merits, by great military services, which have extended the fame of this country from the rising to the setting sun We have those who, by various civil merits and various civil talents, have been exalted to a situation which they well deserve, and in which they will justify the favour of their sovereign and the good opinion of their fellow-subjects, and make them rejoice to see those virtuous characters, that were the other day upon a level with them, now exalted above them in rank, but feeling with them in sympathy what they felt in common before. We have persons exalted from the practice of the law, from the place in which they administered high though subordinate justice, to a seat here, to enlighten with their knowledge and to strengthen with their votes those principles which have distinguished the courts in which they have presided. My Lords, you have before you the lights of our religion you have the bishops of England. My Lords, you have that true image of the primitive church in its ancient form, in its ancient ordinances, purified from the superstitions and the vices which a long succession of ages will bring upon the best institutions. You have the representatives of that religion which says that ' God is love,' that the very vital spirit of its institution is charity ; a religion which so much 182 Opening of the Impeachment. 19 FEB^i78s. hates oppression, that, when the God whom we adore appeared in human form, he did not appear in a form of greatness and majesty, but in sympathy with the lowest of the people ; and thereby made it a firm and ruling principle that their welfare was the object of all government, since the person who was the Master of nature chose to appear himself in a subordinate situation. These are the consider- ations which influence them, which animate them and will animate them against all oppression ; knowing that He who is called first among them, and first among us all, both of the flock that is fed and of those who feed it, made himself " the servant of all." My Lords, these are the securities that we have in all the constituent parts of the body of this House. We know them, we reckon, we rest, upon them ; and commit safely the inte- rests of India and of humanity into their hands. Therefore it is with confidence that, ordered by the Commons, I impeach Warren Hastings, Esquire, of high crimes and misdemeanours. I impeach him in the name of the Commons of Great Britain in Parliament assembled, whose parliamentary trust he has betrayed. I impeach him in the name of all the Commons of Great Britain, whose national character he has dishonoured. I impeach him in the name of the people of India, whose laws, rights and liberties, he has subverted, whose properties he has destroyed, whose country he has laid waste and desolate. I impeach him in the name and by virtue of those eternal laws of justice which he has violated. I impeach him in the name of human nature itself, which he has cruelly outraged, injured and oppressed, in both sexes, in every age, rank, situation and condition of life. Speech of Mr. Fox. 183 SPEECH OF THE ET. HON. CHARLES JAMES FOX, MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE FIRST ARTICLE OF CHARGE, RELATING TO BENARES ; 22 FEBRUARY, 1788. MY LOKDS, Before I begin to open to your Lordships that important Article of this charge which I am directed to explain to your Lordships, I trust I shall not be considered as trespassing improperly upon your time and your patience if I venture to say a few preliminary words upon the situa- tion of the Commons of England, and upon the situation of your Lordships, in the great and important business now under your consideration if I venture to express in some degree the honest pride which I feel at the situation in which I stand before your Lordships. When I speak of the pride that I feel when I say that I glory in the situation in which I stand before your Lordships I trust that no man will sup- pose that I mean any individual or personal pride ; though, all things considered, perhaps even something of that sort might be indulged to human frailty ; and the honourable testimony which I have received upon this occasion from the unsuspected authority of the House of Commons might per- haps, in a weak mind like mine, give and impress some senti- ments of personal pride and of individual satisfaction. But that is not the sort of pride I mean to state to- your Lordships. They are not sentiments concerning so inconsiderable an in- dividual as myself that I should venture to state to a tribunal so grave and so full of dignity as that which I am now addressing. The pride which J feel, and the situation in which I glory, is the pride that belongs to me as one of the representatives of the people of England as one of the Commons of Great Britain. My Lords, that the House of Commons is one of the dis- importance tinguishing features of this constitution ; that upon the exist- tioi^of the ence of that body depends the liberty, the law, the every CMumons advantage which distinguishes the people of this country ^J from those of the neighbouring states in Europe, is a propo- sition too plain, too simple, too elementary, for me to venture Opening of the First Charge Benares: :>2 FED. i7S8. to state to your Lordships. If, among the various functions of the House of Commons, there be one in which they appear with more peculiar dignity with more peculiar utility (for utility and dignity are inseparable in great political con- stitutions) I say, if there is one circumstance in which they appear with more utility and consequently with more dignity, it is in the sort of business in which they are now engaged ; when they are acting in their inquisitorial capacity and appearing before your Lordships in your judicial capacity. My Lords, the laws of this country are often praised ; they are often commended. But what security is there for the laws of this country ? Laws may be good ; judges may be corrupt. What is to secure the duty of judges what is to secure their just execution of the laws of this country but judges over them, namely, your Lordships ? For I know no other tribunal before Avhom such judges should be arraigned. Your Lordships can arraign them upon the impeachment of the House of Commons : and, therefore, I will venture to state to your Lordships an opinion not new, and which cer- tainly in the enlightened age in which we live will not be controverted, that upon the doctrine of impeachment upon the right of the Commons of Great Britain to come to the bar of your Lordships depends the whole common law of this country ; depends the whole spirit of the law of this country ; depends the personal privilege of every individual of this country ; depends everything that we hold most sacred and hold most dear. Eight of My Lords, to an assembly like this, from whom I should tary h crimi-" expect to learn and whom I certainly do not pretend to cecdins teach to an assembly like this it is not necessary for me to state the nature of this great security of the constitution to state the right of parliamentary criminal proceedings. My Lords, they proceed upon the principles of the law of England upon the principles of the law of Parliament the lex et consuetude Parliaments the most valuable branch of all the law of England; because it is that branch which secures the just execution of every inferior part of that law. To an assembly like this it is not necessary for me to state that every elementary writer upon the law of England that every authority that has ever written upon that subject, from Lord Coke, who has been emphatically styled the oracle of the law of England, down to Mr. Justice Blackstone, an eminent modern writer upon that subject it has been uni- versally recognised that the law of Parliament the lex et Speech of Mr. Fox. 185 consuetude Parliamenti is a part of the law of England ; that 22 F _ EB - 1788 - it is to be collected out of the journals and proceedings of Parliament ; and it is as much a part of that law as any inferior and municipal branch of it. ]\Iy Lords, if it be a part of it. I say it is a part more valuable than the whole ; because it is a part without which the whole would be totally ineffectual and totally useless. To have laws is one thing ; to have judges is another. The judges in modern times have thank God they have ! pre- served a character of purity unequalled perhaps in the ex- ample of any modern countries, and greatly superior to those in more ancient times. I mean not to detract from the cha- racter of those great and reverend persons ; but I will ven- ture to state that we are not in public to argue upon the particular characters of individuals. The constitution rests not upon such securities. The purity of the judges I will state to be owing to that to which the purity of all men, politically speaking, must be stated to be owing, namely, to the putting them out of the temptation of interest, on the one hand, and putting them under the dominion of just and legal fear, on the other. If the judges of England have been more incorrupt and pure than the judges of other countries if they have been more so in modern times than they have been in earlier periods to what is it owing ? It is owing to the acknow- ledged law of England namely, that the Commons in Par- liament may impeach a judge before the tribunal of the House of Lords, and that there is a law over him the lex et consuetudo Parliamenti to which he is obliged to pay obedience ; which he is obliged to bow to ; by which his actions must be judged ; and which gives the only security for the due execution of his trust in the distribution of justice in the inferior tribunals in which he presides. I hope and trust, to such an assembly to which I am speaking, I am rather guilty of trespassing upon their patience or misspending their time than saying anything which can be doubted or contro- verted. For, if ever a period should arrive at which any magis- trate of this country should dare to treat the lex et consuetudo Parliamenti with ridicule, contempt or indifference, I say this fair inference must be immediately drawn from the conduct of that magistrate that he is a person who fears [derides ?] the law to which all the subjects of Great Britain ought to be amenable, and so dares to bring into disrepute that upon which the whole constitution of this country supports and rests. 186 Opening of the First Charge Benares : 22 FEB. 1788. My Lords, I therefore say that I feel a proper glory, a Pride~inre- proper pride, in my situation ; that 1 stand in this place by thTnouse *he orc ' ers f tne House of Commons and representing them ; of Commons that I stand representing the Commons in their most re- Bentim- spectable function, I mean the function of impeachment in achment. t k a t function upon the existence of which, and upon a manly exercise of which upon the part of the Commons, depends every particle of the law of England depends every per- sonal security ; depends the conduct of judges in all depart- ments ; and depends everything that we hold dear in this country. If that be the case with respect to impeachments in general, I will venture to state to your Lordships that, with respect to this particular impeachment, exclusive of the merits of it, which we shall consider by-and-by but with respect to this particular impeachment I feel a peculiar glory in being the instrument of the House of Commons upon such an occasion. Former im- Former impeachments have been, many of them, in my inOTedJbya 8 opinion highly laudable. There have been some in which H a r useof the one m ight wish that some things had been different ; but I Commons, believe they have all this in common, that they have gene- rally been the prosecution of a powerful and triumphant party in the House of Commons, acting often and generally upon right principles, sometimes possibly upon mistaken ones ; and that they have come, with the force and effect of a triumphant and ruling party in the House of Commons and the state, to the bar of your Lordships, to impeach per- sons who have [had] the misfortune to fall under their dis- union of ail pleasure. I need not state to your Lordships that far different the present is the character of the present prosecution ; different it is, tions. cu " an d different to the eternal honour of all parties in the House of Commons who concurred in that impeachment. It is unnecessary for me to suggest to your Lordships, nor would it be becoming the occasion of it were it not a truth not peculiar to the present period but belonging almost to every part of the history of this country, that undoubtedly there are subsisting in this country great political differences ; that they are carried on with warmth, sometimes with eager- ness, sometimes with animosity: but that such differences exist and operate more or less upon all the proceedings in both Houses of Parliament is a truth which, whether, as some speculatists affirm, be for the advantage or disadvantage of the general good, I will not inquire ; but it is a truth, in point of practice, which all men must admit to exist. Speech of Mr. Fox. 187 I say then, if anything can give a noble picture of the 22 FEB. 1 788. present House of Commons it is this, that, in the midst of contests in the midst of debates when two parties are using against each other every means and resource of ability that belongs to them ; nay, while the very subject now before you I mean the subject of India and India govern- ment is no inconsiderable part and no inconsiderable sub- ject of these disputes I say it exhibits a glorious spectacle to the world, in such a contest, to see the two opposite parties lay aside the weapons with which they were attacking each other ; to see them join in the defence of those who are helpless; to see them turn from their disputes at home not to acquire power not to acquire fame (in the common sense of the word) not to acquire interest by obliging this or that part of the British dominion who might favour their objects, whatever they were but, both laying aside for the time all animosities and disputes in order to join in the defence of those who can only thank them with prayers and supplications to heaven ; who can give them no interest in this country, can in no way assist their power, and can only reward them by the way in Avhich the best actions are best rewarded in this country, by the reflection of having done them. This is honourable to the House of Commons, that, in the midst of their disputes, they have owned that, great as the subjects in which their disputes are which disputes some ignorant persons state to be disputes about power and pre-eminence; those they ought to have sacrificed to the lightest occasion but, as they themselves contend on both sides, disputes about great lines of the constitution of Great Britain, no less lines than the mark of the King's prerogative and the boundaries of the privileges of the House of Com- mons these great and important objects in dispute and litigation they all yielded to what? to the only thing to which they could justly yield, to the claims of humanity and justice. For, as humanity and justice are the principal objects and ends of every government, the means, however important, must always be considered as subordinate to the ends. And it showed that those who so acted, acted upon the best, the most rational, principles ; and showed that, however they might differ about the means of government however they might differ in the most important points, such as I have alluded to they left all their disputes, upon the superior and permanent claims of humanity and justice ; they forgot every personal animosity, and joined to bring to your Lord- 188 Opening of the First Charge Benares : 22 FEB. 1788. ships' bar a person whom they consider to have violated those laws of justice and humanity which I state to have united them upon circumstances the least promising for such a union. Merit of the I trust your Lordships will entirely exculpate me from an sharedby 311 idea, not only of any personal triumph over this subject, but and support- anything like what could be supposed a triumph to those ersofit. with whom I am connected. The merits which I state are different in their nature, but perhaps equal in order. Whether the merits of those who, under every discouragement, brought this business to the consideration of the House of Commons, or the merits of those whose candour would hear fairly and equitably truths, though coming from those to whom they were not used to listen with favour whether of these two merits is the greater I don't mean to inquire. But I mean to state, that the merits of both appear considerable, and that the House of Commons comes to the bar of your Lordships on this occasion, and the bar of the public, with a glory in that respect unequalled by any of their ancestors ; for that they come to you, not, as their ancestors have done upon various occasions, with indignation kindled in the moment they come to you, not with anger arising from recent oppres- sion but they come with rational anger, kindled by exami- nation and inquiry ; they come to you w r ith the indignation that is the result of cool and deliberate inquiry and not of momentary impressions. The prose- What I have hitherto stated in the peculiar circumstances fntrusted to of the House of Commons coming to your bar is, I trust, the^overn- f m tne opinion of all who hear me, a most honourable circum- ment - stance to them. Let me at the same time make another observation, something pertinent to the present state of the business that they come to the bar of your Lordships in a different view from that in which every other House of Com- mons have come. They come undoubtedly with a consider- able difference in the persons whom they have employed to manage this impeachment. Look into the history of former impeachments ; look into the history of former prosecutions ; and it is not often I believe it is never that you will find that the House of Commons have liberally, generously and handsomely, intrusted the preservation of their interests to those whose authority is not supposed to be prevalent in that House ; and that persons, of the description of those with whom I have the honour to act myself, have not often had the distinguished honour, which we have this day, of appear- Speech of Mr. Fox. 189 ing before your Lordships in the characters in which we 22 FEB. 1788. appear. Why, my Lords, will not this circumstance, to every generous, to every candid, understanding, to every liberal and enlightened mind, give considerable additional authority to the impeachment which we have brought before your Lord- ships ? Undoubtedly it will. But I much fear that that which prevails with every candid and liberal mind may have a different operation with minds of a different description. I cannot but be apprehensive that, somewhere or other, there may be men who know not what liberality and candour is ; whose only motives and principles of action are mere interest and fear ; and that such men, seeing that the prosecution comes to the bar of your House not managed by those who are invested with the public authority of the country not managed by those Avho have the power of punishment in some degree on the one hand, and who have the power of reward abundantly on the other that there may be such men, whom I have described, who will venture to treat this impeachment, in every part of it, I mean the speeches we shall presume to make to your Lordships, the very articles of impeachment, and sometimes the very law of impeachment in general, with a degree of contempt, which they would not dare to do if it was brought to the bar of this House by those who possess the power of the country. Therefore, as I have stated, as we come to Protection your Lordships' bar with every recommendation to every thatac- ' candid and liberal mind, we have a right to ask for some- count - thing more we have a right to ask for some degree of pro- tection, at the same time that we come with authority. Be- cause, as we are sensible that, on the one hand, our situation is a recommendation to every candid and liberal mind, so, on the other, to those whose minds are of the description and form I state, we come in a very different character: and if they hate the privileges of the Commons ; if they are notorious in every instance for endeavouring to violate and turn them into ridicule ; if there be such men, they may seize with joy the glorious opportunity and say, " Here is an impeachment brought to the bar of the House of Lords, not by the pre- valent power of the country, not by those who have the means of punishing me if I deserve punishment, not by those who have the means of rewarding me if I support their interest ; therefore I will intrench upon the liberties of the Commons by uttering opinions upon that impeachment which, I am confident, fear and interest would prevent me from 190 Opening of the 1'irst Charge Benares : Simplicity of the sub- ject of the present charge. 22 FEB. 1788. uttering if it were brought by other persons, or by those identical persons in different situations and in different places in this country." Having, therefore, stated to your Lordships, on the one hand, the grounds upon which I think we are intitled to some peculiar authority upon this occasion peculiar and different from that authority which upon any other the Com- mons would have a right to demand at the bar of your Lordships and, on the other hand, that we have a right to expect that protection which candid and liberal minds will always afford to those whose situations do not give them everything that power and pre-eminence in a country can give ; I shall now proceed, with no further delay, to open the business which I have in command to open ; trusting to the justice of the cause ; trusting to the impossibility there is for any tribunal upon earth much less for this tribunal, whom T honour and respect in the face of the public, in the face of their country, to pronounce a man, against whom we shall bring what your Lordships shall see to pronounce him to be not guilty. My Lords, the subject which I am about to open to your Lordships, fortunately for me, is proportioned to my abilities ; because, though it be a subject of importance, and therefore in that way not proportioned to them, yet it is a subject which, in the nature of it, admits of but little perplexity and still less doubt. It is a subject in which, though it involves many facts, your Lordships will perceive clearly and distinctly the particular facts upon which criminality is meant to be attached and to be imputed. And therefore I am certainly very fortunate that, in being the first to state to your Lord- ships the business which I am about to state, that is committed to my charge, it is neither involved nor does it go into many doubtful disquisitions ; that it depends not upon many very difficult researches, but depends in general upon plain facts, which we shall prove to your Lordships beyond contradiction, where proof is necessary, but which for the most part are admitted by the prisoner at the bar ; and that the reasonings on those facts will not be drawn from abstruse and difficult researches into the laws of Hindustan. They will not be drawn from researches into the laws of the Gentus ; they will not be drawn from researches into the laws of the Mohammedans ; they will not be drawn from researches into the laws of Great Britain ; but they will be drawn from the general principles of law that pervade the world in every part of the globe, which all men recognise, Speech of Mr. Fox. 191 and which no man can shake from himself. My Lords, this 22 FEB. ms. subject has been so treated by one honourable Manager who went before me that I will not take off the force of what fell from him by endeavouring to repeat it ; but I am sure that it required not his commanding eloquence to impress upon your Lordships that which nature had impressed upon the mind of every man before him that there are general laws of morality and justice, which pervade every constitution in the world, and which are impressed upon the mind of every individual man. My Lords, it is necessary to observe that the matters which The matter I am about to explain to your Lordships are, literally speaking, explained e new to your Lordships ; that the honourable Manager, who up made the general opening, did not even touch upon the part which I am now about to explain to your Lordships. His principle and his system in opening, which I thought had met with the approbation of your Lordships, and I am still willing to think so, was not to go into the matter of par- ticular charges, but to state a general introductory matter necessary for the explanation and the elucidation of the cause. He stated a variety of matters in that business which he expressly told your Lordships he had no intention of proving at your bar, unless called upon so to do ; because he perfectly knew as indeed any man acquainted with the common forms of criminal proceedings must know that, in stating a crime against any man, there is much introductory and prefatory matter necessary to be stated which is not necessary to be proved ; which, if called upon to be proved, is proved by different laws of evidence from those different points which attach upon the person accused and impute criminality to him. He knew that it was the general practice of the courts of justice that it was peculiarly so of this. Therefore he stated, clearly and distinctly, at the bar of your Lordships, that it was no intention of his to bring proofs to all the prefatory matter which he stated at your bar. On the other hand, he said, with a magnanimity which became him because magnanimity becomes those who are founded in truth that he was willing, if called upon and required, to prove everything he had stated ; because he knew himself capable of so doing. It would be very unfortunate if any of your Lordships, or any of the public, should have so little attended to what fell from the honourable person alluded to, as not to attend to the different parts of that opening, which are distinct in 192 Opening of the First Charge Benares : 22 FEB. 1788. this point of view. All that was prefatory, introductory and historical, was stated as not intended to be proved unless called for. Everything that attached criminality upon Mr. Hastings he stated would be proved in the course of evidence before your Lordships. And persons who did not attend to that distinction, if any such inattentive hearer there can be I am sure the patience with which your Lord- ships attended will not permit me to suspect any such inattentive hearer could be among you in my opinion con- founded two things which no person used to judge which no person used to criminal inquiries can possibly confound. With respect to one, he stated distinctly that he meant not to prove the matters unless called for. With respect to the other, he stated that they would be proved, not by any evidence intended to be produced in support of his introduc- tory speech, but they would be proved when we came to those particular Articles of which those particular accusations made a part. Therefore, it has so happened, that what I am now about to state to your Lordships has not been in any degree anticipated or first told by the honourable Manager who opened this business ; and I come with matter new to your Lordships, important and, as I think, clear. TheMana- My Lords, I will make one single observation before I to respect, proceed to the matter which perhaps I ought to have made before I mean, with respect to the particular situations in which the Managers of the Commons stand as^distinct from common prosecutors. I am sure that, if they claim any privileges, they must not be privileges inconsistent with justice. I am sure that it is not inconsistent with justice for the Managers of the House of Commons to insist that their representative characters must be treated with respect ; much more is it necessary that they should insist that the House of Commons itself, and their charges and allegations, should be treated with every degree of respect. And I trust, my Lords, that if, in the execution of that duty which we owe to the House of Commons, and which we cannot depart from, we object to anything [in a manner?] that in the opinion of any person may seem captious, they will do us the justice to suppose we do it, not on our own individual personal account, but in support of the great fiducial trust reposed in us. On the Duty of the other hand, to show I shield myself under nothing, I will act in the mention another duty equally incumbent upon ue. In coni- jn T-> -1/^1 i /-n , o- Tin of Bulwant or Benares and (jrhazeepoor to his son, Cheyt oing. 1 shall Sing, Be- make few observations upon that grant ; but it will be granted to necessary for your Lordships to observe, as the course of the heyt Smg> evidence will give you opportunity, that, in the opinion of Mr. Hastings, Suja-ud-Dowla did no more, in that grant to Cheyt Sing, than he was obliged to by the spirit, if not by the letter, of his engagement with Bulwant Sing. When that grant had been made three years, the grant was confirmed again to Cheyt Sing. What the reason what N 2 196 Opening of the First Charge Benares : 22 FEB. 1788. The grant confirmed by Mr. Hastings. Cheyt Sing pressed by Suja-ud- Dowla to make ad- vances of tribute. But pro- tected by the Com- pany. The Com- pany after- wards bound by the same restrictions as Suja-ud- Dowla. the motive, of that confirmation was, I never yet have been able to learn. However, this circumstance attended it, that to that confirmation Mr. Hastings was a party ; and Mr. Hastings was bound to understand the nature of that con- firmation ; and it appears, from all Mr. Hastings' subse- quent transactions, that he understood the confirmation of that grant in the way in which I shall hereafter state to your Lordships. It is a material circumstance for your Lordships to keep in your mind, that at the time of this confirmation, in the year 1773, Suja-ud-Dowla, if he was actually at peace, was upon the eve of a war ; that he was in that situation upon which hereafter we shall have occasion to observe a situa- tion in which he was obliged to look for all the resources of his kingdom. My Lords, some time after this grant, which was in the year 1773 I believe in the year 1775 that happened I am now alluding to Snja-ud-Dowla, pressed by the Company to make them certain payments, endea- voured to do it by forcing Cheyt Sing, who had succeeded to his father, to advance sums before they were due upon his tribute. What was the conduct of the East India Com- pany's servants upon that occasion ? What was the conduct of Mr. Hastings ? Did they or did he represent to Suja- ud-Dowla that the treaty forbad him to ask for more? Did they represent that his engagements were positive to twenty-two lacs of rupees, which was to be his tribute, and that the East India Company would not allow him to ask more, being guarantee to those treaties ? I will admit these were not Mr. Hastings' own words or minutes ; but you will find, in the correspondence of Mr. Bristow, that Mr. Bristow, acting under commands of the Governor General and Council, stated to Suja-ud-Dowla that it was a demand he was not intitled to make, not only from the spirit of the treaty, not only from the protection the East India Company afforded Cheyt Sing, but from the very letter of the treaty. Soon after this, Benares came to stand in a different situation and different relation to the Company. And here, my Lords, let me pause for a moment in the history of the facts, and state to your Lordships a principle which I think is evident and requires little enlargement which I think has the recognition of Mr. Hastings himself; but, whether it has or no, it will I am sure have the recognition and applause of your Lordships. If it be true that Suja-ud-Dowla had an agree- Speech of Mr. Fox. 197 ment with his dependent, Cheyt Sing, by which he was 22 FEB. ms. limited not to exact of Cheyt Sing beyond a certain stipulated revenue if it be true that the Company were guarantees to that stipulation, and had a right to interfere to prevent Suja-ud-Dowla from exacting more than by the stipulated treaty he was authorised to exact if that be true, is not this a necessary and self-evident consequence that, if that do- minion was afterwards yielded to the East India Company by Suja-ud-Dowla or Asoff-ud-Dowla, it must be yielded upon the terms upon which he had it, and that they were bound, upon every term of justice, to exact nothing of Cheyt Sing but what they had permitted Suja-ud-Dowla and Asoff- ud-Dowla in similar circumstances to exact ? If a subject stood in one relation to his sovereign ; if that relation to his sovereign was acknowledged, recognised, enforced and pro- tected, by the East India Company ; when the Company should afterwards become sovereign of that country by cession, not by conquest Cwhich I think would make but little difference), when they should become possessed from Suja-ud-Dowla and his successors of that country, they would be bound to support Cheyt Sing at least in as good a rela- tion with respect to themselves as he stood in with respect to Suja-ud-Dowla or to Asoff-ud-Dowla. This proposition appears to me self-evident in point of justice ; and therefore it would ill become me, when a point appears self-evident in point of justice, to draw any arguments in point of ex- pediency and policy. It would be an ill lesson indeed to the people of India if it were to be understood, that, while you are subjects to the Wazir, while you are subjects to Asoff-ud-Dowla, we will protect you in your rights ; while you hold your sovereignty of him we will stand forth in favour of you ; if they attempt to oppress you we will rescue you from the hands of your lawful master ; but if, by conquest or by any other means, we become your sovereigns, remember there is none can guarantee the treaty between you and us ; the power of the sovereign is all, the right of the vassal is nothing ; and you are a person without right, engagement, or any political existence, but my will and arbitrary pleasure. That that doctrine is unjust, that it is inequitable, that it is monstrous, that it is detestable, is so clear that I am almost ashamed for having misspent your Lordships' time so much, in having given the additional argument to show how impolitic it is. But it is as impolitic as unjust holding out a lesson to 198 Opening of the First Charge Benares: 22 FEB. 1783. cheyt sing to pay a/ 1 y ?^ r - Hast- red opinion donee? 11 " India that the dominion of the India Company is more severe than the native power, and so much more to be dreaded. If a prince oppresses his vassal the Company can succour him ; but if the Company oppress him it is not easy to find a prince in India that can interpose in his behalf. I take it as an admitted principle that, with respect to Suja-ud-Dowla and Asoff-ud-Dowla, Cheyt Sing stood i n tm ' 8 situation he was bound to pay an express tribute, and nothing more was to be exacted from him but that tribute. I need not go into any arguments to prove that he stood in the same situation to the Company ; only that ten thousand times more the Company were bound, having shown their opinion when they acted as arbitrators in it, and that they had no right to exact one farthing which they had not permitted Suja-ud-DoAvla and AsofF-ud-Dowla to exact. My Lords, though I have stated this principle as a prin- ciple upon which I should conceive there could be no dis- pute, we shall bring matter before your Lordships that will naake it even unnecessary to have recourse to this principle itself. For, in the year 1775, when Mr. Hastings was, generally speaking, in the minority of the Council, he stated it as his opinion, before the cession was made to the Com- pany, that Cheyt Sing should be made more independent than he was. That opinion of Mr. Hastings prevailed not unanimously we admit. There was one of the members of the Council, Colonel Monson, of a different opinion. I mention this, not to show the influence that it had upon Cheyt Sing's situation, but to show Mr. Hastings' opinion upon the subject ; because when I shall have proved to you, as I shall have done, the illegal manner in which this prince was oppressed, I shall, by way of aggravation, and a just aggravation, of the charge against the prisoner, prove to your Lordships that, though it would have been criminal in me, or any of your Lordships, to have acted towards Cheyt Sing as Mr. Hastings has done that, though it would have been so criminal as to call justly for the exemplary ven- geance of this country that it is more criminal in Mr. Hastings personally to do what he did than it could have been in any other man existing upon the face of the earth. Therefore I beg your Lordships to keep in your minds that Mr. Hastings' opinion was that Cheyt Sing should be ren- dered more independent. When Benares was ceded by the Wazir to the Company there waa a new arrangement made. But that new arrange- Speech of Mr. Fox. 199 ment was made upon the principle I have stated, that Cheyt 22FEB.1788. Sing had a right to be at least in as good a state as he was with respect to his former masters ; which is an opinion also, that, as he had a right to be in as good a state, it might be policy and might be wisdom to put him in a better. Upon this occasion Mr. Hastings was forward in the business ; he was inclined to push his ideas of Cheyt Sing's independency as far at least as many other members of the Council. And, as I stated in my opening upon the subject, undoubtedly, if any proceeding could carry more weight than another of a public body, that carries most weight in which those agree who are not used to agree. It is in favour of the pro- ceeding upon the arrangement of Cheyt Sing that, in every instance almost, the motions appear to have come from Mr. Hastings, and those motions to have been approved by a majority of the Council. It was proposed and adopted, not only that Cheyt Sing Position might be really independent and uncontrolled in his zamin- ch^t Stag dary or province, whatever it be called not only that he ^sres was might be uncontrolled, but that all the world might see he ceded to the was uncontrolled and free. That he might have the ensigns ^he power of a sovereignty and every mark of power, it was thought j^t^and to be proper that the criminal justice and the mint should be the mint i TTT u Tii- i xi -L allowed him. given to him. Would your .Lordships expect to hear that that man who suggested and moved that Cheyt Sing, in the province of Benares, should have the criminal justice and the mint that that very man who moved the proposition, who moved it for the purpose of putting him in a high and illustrious situation with respect to other persons of his own rank that that very person who moved it, who persuaded the Council to adopt it unanimously as unanimously they did adopt it should afterwards dipute the effect of his own motion, and say, " This is a mere vassal"? In the sense in which he uses vassal this is a person no way distinguished from all the common subjects of the country. Who is this person undis- tinguished? who is this person this common vassal this common tributary this common landholder as he calls him, a common depraved zamindar ? A person to whom he thought fit to give the powers of the mint and the powers of criminal justice powers not commonly used in the country. Need I go further upon this subject ? Need I suppose that Mr. Hast- ings, General Clavering and the whole Council, were persons so ignorant of every principle of government, of every idea of political prudence, that they would give the power of the 200 Opening of the First Charge Benares : 22 FEB. U88. mint and criminal justice to a person whom they considered to rank entirely upon a footing with all the common zamindars, all the common landholders and freeholders, of the country ? I need not state to your Lordships the absurdity of such a proposition. 1 wish to state to your Lordships my idea of the situation of Cheyt Sing, in order that your Lordships may afterwards reason upon it. If there should be anything erroneous in my idea upon the subject, I shall be very glad to be con- vinced and to retract that opinion ; but I beg, when I state this, that it may not be considered that any contradiction to my opinion is an affirmation of Mr. Hastings' upon that subject : because it may be very difficult, there may be some delicacy, some doubt, in proving the exact situation in which Cheyt Sing stood with respect to the Company ; but there can be no difficulty, delicacy or doubt, in proving that, in whatever situation he stood with respect to the Company, whatever interpretation might be given of his situation, it was not such as to justify the subsequent proceedings towards him. Cheyt Sing is sometimes called zamindar, sometimes chief, and by other titles. But he is put in possession of the country ; he has the whole administration of the revenue, and has a grant a gift I admit it to be of the administration of Cheyt sing's criminal justice, and he has the direction of the mint ; and it the'corn- * s a g rg ed that he should pay a stipulated tribute of twenty- ^".y J two lacs of rupees to the Company. It is further said that, limited. , , * r J 1 i -i -i ' as long as he pays those twenty-two lacs and yields due obedience to the Company, no pecuniary or other demand should be made of him. If I should state anything not cor- rectly with regard to words, as you will have the words before you afterwards, you will judge from the evidence and not from my speech. It is agreed by the Governor General and Council that, while he pays his tribute regularly and yields due obedience to the Company, no further demands shall be made of him of any kind, nor any interference with Conditions his free and uncontrolled authority. There is upon the face his^ndepon- f these proceedings an apparent contradiction, upon the first dent autho- view of this free and uncontrolled authority. We do not contend that this free and uncontrolled authority means independence of the sovereignty of the Company. No ! he is to be left in the exercise of free and uncontrolled authority upon certain conditions. What are those conditions? I mean to state them to your Lordships. I conceive that it is perfectly competent to any sovereign Speech of Mr. Fox. 201 whether that sovereign he a prince of absolute power whether 22 FEB. ms. it be a republic whether it be a mixed monarchy or whether it be an East India Company whoever is the sovereign, has this power to grant away by agreement a part of his sovereignty in particular instances. What is the grant to Cheyt Sing of this? They say : " We retain our sovereignty over you; but agree with you that we will exercise it only in such a manner and in such a degree, with respect to the stipulated points." It may be said, upon European ideas, that one duty of every subject is to assist his sovereign in his exigencies with money and with contribution : that duty of Cheyt Sing was compounded. They say : " In lieu of the general duty which you owe to me to assist me as a sovereign, I will take twenty-two lacs and a half, and never ask more of any kind." For fear that should be misunderstood, they superadd : " And if you pay that, and pay due obedience to the Com- pany, no further demands shall be made, nor will I interfere with your government ; that is to say, you shall have a free and uncontrolled authority in your government as long as you comply with the conditions of these stipulations." It is said, you do not lay the proper stress upon those words, Cheyt Sing is to be free and uncontrolled. How long ? As long as he pays his tribute. Well and good ! that he did pay. But there is another condition attached to his freedom and independency, namely, that he yields due obedience to the Company. Am I asked how I construe due obedience to interpreta- o T ., ,. , , . . tionof'due the Company ? 1 construe it, first, negatively, in not join- obedience." ing and adhering to the Company's enemies ; in not plotting against the Company, nor favouring those who were acting against its interests. If you ask me the positive terms of obedience, I state it to be this his adherence to his engage- ments, and his obedience to the Company. Now it is material to see how they state it, because it is a statement which will show your Lordships the nature of the argument upon which this and every other injustice of Mr. Hastings is founded. They say, and yield due obedience to the Company means paying the Company what money they shall ask for; in short, it means, what he afterwards states more emphatically, that their power is all and his rights nothing. Now consider what an argument is which has that condition in it so explained. Mr. Hastings first states " Pay me twenty-two lacs, and I will ask you for 202 Opening of the First Charge Benares : 22 FEB. 1788. Mr. Hast- ings' defini- tion of " so^ vereignty"is " absolute power." The Com- pany's en- gagements to Cheyt Sing ex- plained away by Mr. Hast- ings. no more." That seems an agreement in the common nature of agreements. But he superadds another condition " Pay me twenty-two lacs and yield me due obedience, and I will ask for no more. I construe due obedience thus give me as much more as I ask : then the sum of it is this Pay me twenty-two lacs per annum tribute. As long as you pay that regularly, and give me as much more upon any occasion as it shall please me to ask, I will ask you for nothing further." But I am afraid even that would not support Mr. Hastings in the business, because he has hereafter declared that by due obedience he meant due obedience to sovereignty. What is the meaning of the word sovereignty ? for Mr. Hastings has a dictionary of his own different, thank God ! from any law dictionary of this country which it is necessary for us to consult upon this occasion. He will tell you, the word obedience is as I have explained it. Then what is sovereignty ? " Sovereignty in India," says Mr. Hastings, " is a very different thing from European ideas of sovereignty. Sovereignty in India means arbitrary power, and nothing else." And, lest he should be thought to have made a slip, and by arbitrary power [to have] meant nothing more than absolute power which I take to be a very different thing he explains it. He says, " Though we made this agreement with Cheyt Sing, we reserved the rights of sovereignty/' What are the rights of sovereignty ? " Why, in India," says he, " the rights of sovereignty are arbitrary power." He explains what he means by arbitrary power. " The powers of the sovereign are everything ; the rights of the subject are nothing." That is a complete definition ; and so far, though I am in the general no admirer of Mr. Hast- ings' abilities or talents for writing, I must declare that he is the first person who has given a logical, pure, clear, defini- tion of arbitrary power, namely, that it is where the powers of the sovereign are everything, and where the rights of the subjects are nothing. Then construe his engagements upon his construction of the rights of sovereign power. " We will put Cheyt Sing in as good a condition as he was under Suja-ud-Dowla" he might easily have put him upon as good a footing, if the powers of the sovereign were everything and the rights of the subject nothing. " Nay," says he, "we will do more for him, we will give him ensigns of royalty ; but we will reserve to ourselves, and be cautious of reserving to ourselves, the power of the sovereignty " by which he means the Speech of Mr. Fox. 203 power to do everything, and to leave the poor man no rights 22 FEB. ms. at all : he has so stated. Construe this agreement upon that ~~" construction, it stands thus " As long as you behave well in your zamindary ; as long as you do justice ; as long as you protect the English ; as long as you do what it is your duty to do as a vassal ; as long as you pay twenty-two lacs of rupees annually and yield due obedience that is, give me everything more I ask what then? then you shall have free and uncontrolled exercise of authority in your country, under the sovereignty of the Eat India Company ; by which word sovereignty I mean that my power is everything and your rights nothing." So that the reward, the return, the quid pro quo, for his fidelity upon that subject consists in this " Pay me your money regularly ; give me everything else I ask ; obey me ; adhere not to my enemies ; assist me in difficulties ; do all the duty of a subject and a vassal ; and what then ? then you shall have the free and uncontrolled exercise of your power under my sovereignty. When you have done all that, I tell you your power is not anything, and I have everything. I have the most complete arbitrary power over your life, over your fortune, over your liberty, and over everything; and that is to be the consequence of your fidelity to your engagement to me in every part of it." There is another part of this engagement which it is mate- Arguments ., T j i i j JTI.T agamstnght rial for your Lordships to keep in your minds ; and I believe, of fining when I state it, your Lordships will hardly suspect that what cla I conceive to be a conclusive, nay, I will venture to say, \~ from the boldness that belongs to me from my cause, a trium- phant and irrefragable argument upon that subject, has, as your Lordships will see, been used by the defendant on his side of the question. Much of the business upon this subject, in Mr. Hastings' view of it, turns upon the supposed right of fining, which the Company had upon the subject. Here happens to be a clause in this agreement which completely proves they had no such right whatever, and that if they had it they have completely, virtually, given it up with respect to Cheyt Sing. For, when they gave that great authority of the mint an authority rarely fit to be delegated they gave it to Cheyt Sing under particular terms, and stipulated with him that, if he did not coin according to a certain standard or fineness which is there stated, then what then? it should be competent for them to fine him as they shall think fit for such an offence. Is not this a declaration that, without such an agreement, Mr. Hast- ings. 204 Opening of the First Charge Benares : 22 FEB. 1783. they had no right to fine him for any misbehaviour what- ever? Is not this a declaration that they had no such right, or that they yielded it in every case except the instance excepted ? State the proposition on the other side. Here is a power that has a right to fine for misdeeds, at pleasure almost ; that may fine for any crime which it alleges to be committed by a man ; and which declares also that the symbols of autho- rity will be little against the brigades and the power of the Company. That such a power should think it necessary, with these full powers reserved over the whole fortune and state of Cheyt Sing, to insert a little petty condition, " that I may have a power to fine you in case you break this arti- cle in any little thing " where was the use of putting in that ? If the power was in them, they could not put it in without weakening instead of strengthening that power. If they were conscious that, by the uncontrolled power they gave Cheyt Sing if they were conscious that, by the twenty-two lacs they annually received from Cheyt Sing if they were conscious that, by the whole of the proceedings with Cheyt Sing, they had put him in a situation with respect to them which left them no longer a power to exercise that right of sovereignty called punishment by a fine then they did wisely, then they did consistently, and acted like men ; because they say that, " Though I give up this in this parti- cular case, yet I think it important to reserve the power of exercising the sovereignty in this particular instance." Happy am I that there is that article in it ; because I am sure that, if your Lordships could have supposed that under those vague words, obedience and sovereignty, there was reserved a power of fining, your Lordships would be convinced by the use of those words that they knew no such power existed in them, that they reserved it as a particular case, to the exclusion of all others, and thereby recognised the right Cheyt Sing had to the exemption from fines upon all other occasions. How has this argument been used on the other side ? It has been said (in what perhaps will be brought in evidence before your Lordships) that there were various rights of fining. They are defended by various means, which perhaps I shall have some other opportunity of stating to your Lordships. They are defended, however, among others, by this : says this perverse reasoner, " The Company showed their right of fining, because they reserved it in a particular instance upon a particular contingency. What they re- Speech of Mr. Fox. 205 served upon a particular contingency they must have had a right to do 22 FEB. 1788. in every contingency whatever." And therefore he argues, that, as they agreed to keep the right of fining in this instance, it perfectly proves they kept it in every case whatever. It has been a common maxim with us, that an exception proves a rule exceptio probat regulam. But the exception proves the rule to be the other way. But this is a new reserved sense of that ; it proves that the rule is the same in all instances : as, where that exception is mentioned, your Lordships are to observe upon what a general footing this argument puts all agreements whatever. For it says that, if they could agree to do it, much more could I do it without agreement. Which seems to imply a reasoning that, I allow, has pervaded the conduct of Mr. Hastings, but which I believe was never yet con- sidered as an argument by any man's understanding but his. " If they could do that which they reserved a power to do by treaty, much more can I do it by my power without treaty : as, if a treaty was a bar to an action, if they could do it consonant to a treaty, much more can I do it in direct contradiction and in defiance of a treaty." He considers it rather as an inducement and rather as an argument in his favour to say that (: if other persons could do it, having expressly reserved a power to do it, much more can I do it in direct contradiction and defiance to it." My idea, therefore, of the relation in which Cheyt Sing Relation of stood to the Company is clearly that of a great vassal with ^the Sl ' respect to his sovereign ; that he stood as independent as a Com P an y- vassal can be that he owed allegiance to his sovereign I conceive to be true, but that he stood independent in. this light ; that he Avas to have a free and uncontrolled authority in his own province ; and that that free and uncontrolled authority was accompanied with every ensign of royalty, such as the administration of criminal justice and the mint ; and that there was a particular agreement that that authority should remain free and uncontrolled, as long as he paid an express stipulated sum, namely, twenty-two lacs of rupees, and something more, per annum. I have stated to your Lordships truly that, in almost every Mr. Hast- proposition that Mr. Hastings made w r ith respect to the that &.eyt arrangement with Cheyt Sing, he was seconded and sup- penficuce 6 " ported by a majority in the Council, and that everything } v . as los * b ^ IT -i i T T i i Ins paying that he proposed was adopted. 1 am aware that that is not ins tribute ,i rrnt Benares. true with respect to every proposition. There is one or 206 Opening of the First Charge Benares: 22 FEB. 1788. mighty importance ; and your Lordships will hear more of it. You will see, and tremble to think upon, what threads the lives, the liberties and the happiness, of the people of that country depend, according to the opinion of this miserable sophist as well as intolerable tyrant. He will state " The Council did not adopt all I proposed." He will state many instances ; none of which he can prove, except one, and that he does not prove fully. He says, " I would have received the tribute at Patna : they said it should be received at Benares." And hear and tremble upon this, when the question comes upon the liberty, upon the authority and upon the situation, of a great and important prince in that country " If," says he. " according to my proposition, his tribute had been received at Patna, Cheyt Sing would have been an independent prince of uncontrolled authority, and I must have left him in the situation in which I found him. But, the Company having sent to receive his tribute at Benares instead of Patna, he is changed from what ? from a sovereign into a subject; from a vassal into a mean and de- praved zamindar; from a mean and depraved zamindar to one over whom I have a complete right, an unlimited power and jurisdiction; and his power and his rights are nothing at all." When your Lordships consider upon what a thread that depends ; when you consider that, in every other instance, every proposal that he stated is adopted, and that the instance whether the tribute was received at Patna or whether it was received at Benares made such a difference in the situation, in the life and in the fortune, of that unfor- tunate man, you will be brought to doubt whether the tyranny of this man, whether his insolence, his rapacity or his cruelty, is more to be dreaded than the miserable sophis- try he has used as an excuse for his conduct is to be despised, condemned and execrated. Sum of the This agreement was made in the way in which I have agreement , T11 . .., T-II- MI with Cheyt stated to your Lordships ; and, though your Lordships will see many proposals upon the subject, you will find the sum of them all to be this that, while the Raja shall continue faith- ful to his engagements, punctual in his payments, and shall pay due obedience to the authority of the Company, no more demands shall be made upon him by the honourable Com- pany of any kind nor upon any pretence whatever, nor shall any person be allowed to disturb the peace of this country. Your Lordships have heard of the construction which some persons have put upon the word obedience. What an agree- Spetch of Mr. Fox. 207 ment this was, if the construction be true that I have put 22 FEB. ms. upon it ! Your Lordships must consider it as completely binding ; and the only conditions necessary for the perform- ance were the payment of the tribute, and general fidelity and obedience to the government not consisting in com- pliance with particular demands, but consisting in a general behaviour favourable to the government under which he held. However, there was another transaction at this time which The advan- , i j_i i T tages of perhaps it may be necessary to state in this place ; i mean cheyt sing's this, that it was foreseen that Cheyt Sing might not only be ^l^ff an useful member of the government by the tribute he was to pay, and by the barrier his country made between the Council, dominions of Suja-ud-Dowla and the Company ; but it was thought that he might be useful in case of a war. For- tunate for the cause I maintain, fortunate for Cheyt Sing, that that idea was entertained ; because, happily for the cause I have to support, it will prove to your Lordships' conviction, beyond a doubt, the complete illegality of all the subsequent demands made upon him. For it was the opinion of the Council, at the very period when they made these engage- ments with Cheyt Sing, that further assistance from Cheyt Sing to the Company in a military view was an object desirable and in their opinion reasonable. Let me state for your Lordships' consideration what could be possibly the views of the Governor and Council at that period ; what could be their opinion of the relative situation of Cheyt Sing to them. It was their opinion that it would be very useful if Cheyt Sing were to maintain a considerable body of cavalry in time of peace in his country, in order that the Company might avail itself of their assistance in time of war and necessity. That was the unanimous opinion of all the five gentlemen who composed the Governor and Council. I beg your Lordships to put yourselves in their circum- stances, and consider how it was natural for them to act upon that opinion, which was their unanimous opinion, in the different views which I shall state to your Lordships. If their opinion was that, by the cession of Benares by the T\ r azir to the Company, all the former agreements between the Wazir and the Raja were at an end, and that the Com- pany were competent and at liberty to make a new stipu- lation and a new agreement with the Raja, their way of proceeding was clear ; for they had nothing to do but, in the same instrument which confirmed to him the possession of 208 - Opening of the First Charge Benares: 22 FED. 1783. his province in the same instrument by which was stipu- lated that twenty-two lacs of rupees was to be the annual tribute he was to pay in the same instrument they might have said, " Provided you pay those twenty-two lacs of rupees, and" not in general words " pay due obedience," but " provided you keep such a number of cavalry as we think fit to be lent to the Company upon any occasion they may require." NO clause to Why did they not insert that in their agreement ? Plainly that effect , J . , , / . , . - ,1 ,i i j introduced and evidently, because it was their opinion that they had no agreement, right to insert in the agreement any additional conditions and stipulations, on their part, beyond those which Cheyt Sing was bound to with respect to the Wazir who had pre- ceeded them in the sovereignty. They conceived themselves bound by the antecedent treaty with the Wazir ; they therefore clearly thought, in the first instance, that they were bound with respect to Cheyt Sing by the antecedent treaties between the Wazir and that prince. If they had thought, as Mr. Hastings has since affected to think, that, under the word sovereignty, that, under the word obedience, they retained a complete arbitrary power over Cheyt Sing, how would they have acted upon such an occa- sion ? They would have exercised that arbitrary power in a point in which it was as reasonable to exercise arbitrary power as any other. They would have sent to Cheyt Sing and said " We interfere not with your government so long as you pay tribute and render due obedience, but we retain the sovereignty. But to show you what we mean by obe- dience, to show you what we mean by the sovereignty we retain, we make not a request but a demand, and we order you, as the first proof of your obedience, we order you, as the first act of our sovereignty, to maintain two thousand cavalry, of which the Company will avail themselves in time of distress in the manner they see fit," Is this what they do? No! They are all agreed (and that is material for your Lordships to keep in mind) upon the propriety of the measure that it was a desirable thing that two thousand cavalry should be kept up: how do they act upon that opinion? The Council They sent to Cheyt Sing, and told him their opinion upon \vithre- that subject. They recommended him to keep up that in^huiuo cavalry ; but so anxious and so conscious were they of their force of pa relative situation to Cheyt Sing, so convinced were they of cavalry. Cheyt Sing's relative situation to the Company, that he was uncontrolled in the exercise of his authority, and that as long Speech of Mr. Fox. , 209 as he paid his tribute arid yielded obedience they could not 22FEn.i7ss. interfere in the sovereignty of his country ; that, in the very N message by which they recommend to Cheyt Sing to keep up this cavalry, they take care to state, that it is only a recommendation and advice, that it is no command or injunc- tion, and that he may act upon it as to him seems meet. Nay, they do more, happily for this cause for it seems as if providentially everything done in that agreement was done to show the perversity, absurdity and oppression, of the prisoner with respect to the power he afterwards exercised. Hear these sovereigns speaking to their subjects ! Hear M'^ these sovereigns of arbitrary power, whose power is every- power iis- thing and the rights of whose vassals is nothing hear the thisTreco'm- way in which they speak ! " Keep up some cavalry ; we mendatlon advise and recommend it ; it will be a salutary measure both for your own safety and ours : but we tell you it is only a recommendation. If we are sovereigns in that respect, we have a right to take them and avail ourselves of them : no !" say they, " we will take them, paying so much for every man, and in proportion for every officer." You might as well say the King of Great Britain is the sovereign of Hesse-Cassel : you might as well say the King of Great Britain is the sove- reign of the Duchy of Brunswick : you might as well say the King of Great Britain, in that sense, is the sovereign of every prince with whom he has negotiated subsidiary treaties. They say " We hope you will keep up so many cavalry ; we advise and recommend it ; it will be a salutary measure both for your safety and ours ; but we will avail ourselves of it upon certain conditions, for instance, for so much per man and so much per officer." Is this the language of an arbi- trary sovereign? It is rather the language of one independent state to another ; though that is not the relation I contend for between the India Company and Cheyt Sing. Need I trouble your Lordships with one word more upon insistanoc this subject, when I have stated every expression the English SUIK'S nuie- language can afford to state Cheyt Sing to be independent authority, and uncontrolled ? The words independent and uncontrolled are frequently used ; nay, such is the monstrous nature of the man at your Lordships' bar, that, when speaking to defend himself with respect to Cheyt Sing, he speaks of having given him an independent and uncontrolled authority. But, lest language may be considered as general, lest language may be considered as vague, there are innumerable expressions such asjhose I have stated ; there are many and many explana- 210 ^ Opening of the First Charge Benares: 22 FEB. 1788. tions of what is meant by independent and uncontrolled ; all of which tend to fortify the idea I mean to apply to those words, namely, independent so long as he adhered to his agreement, which was to pay so many lacs of rupees and he was, in general words, to be a faithful subject. I should be very much ashamed, my Lords, considering the length of time I am obliged to trouble your Lordships upon this subject, if I were to be guilty of anything like repetition ; but I hope your Lordships will not consider it as such if I only briefly, in very few words, recapitulate to your Lordships the substance of what I have been stating for some time, because I am come to an era of this business, iiecapituia- My Lords, I have stated though I think that immaterial viousst P aTfr- to the business that Buhvant Sing was the person he is ments. described to be in the Article; that, upon the death of Buhvant Sing, Cheyt Sing was admitted to the succession of his father by Suja-ud-Dowla upon a fixed payment. Pos- sibly it may help your Lordships to state dates: That, in 1764, Bulwant Sing assisted the Company, and that his assistance was then mentioned. That, in 1765, in the peace with Suja-ud-Dowla, the authority and condition of Bulwant Sing was taken care of, and guaranteed by the Company. That, in the year 1770, upon the death of Bulwant Sing, Cheyt Sing was admitted to a situation similar to that of his father. That, in the year 1773, that was, as I state, confirmed ; as Mr. Hastings stated, confirmed with additional benefits to Cheyt Sing : but, in either case, it was at least confirmed. That, in the year 1775, there was an intimation of Asoff-ud-Dowla's intention to take five lacs of rupees in advance from Cheyt Sing ; that the Company properly and Mr. Hastings, their officer, acted as one of the Company objected to that, as considering themselves the guarantees of Cheyt Sing, and insisting that, by the spirit and by the letter of the treaty, he had no right to exact anything beyond the twenty-two lacs of rupees. That, afterwards, in the same year 1775, the province of Benares was assigned to the East India Company ; and that it was the duty of the Company to consider Cheyt Sing as standing in the precise relation to them that he stood in to his foi'mer sovereign. That, in June, 1775, that was expressed which I have stated, upon payment of a limited sum and the reservation of sovereignty to the Company. And that, in July, 1775, there was the recommendation of the cavalry, under all the cir- cumstances with which I have stated that recommendation. Speech of Mr. Fox. 211 I must entreat your Lordships to keep these circumstances 22FEB.178& in your minds when you attend to that evidence which shall be brought ; and that, if in any of those circumstances there shall be a failure in proof, undoubtedly your Lordships will hereafter lay them out of your mind, inasmuch as that proof has failed. I now, my Lords, come to the first distinct crime which I lay to the charge of Mr. Hastings. I have stated and explained, as well as I have been able, the Anticipation relation in which Cheyt Sing stood to the Company. I have men^of been obliged to do it in a manner in which I should not have ?2 un J se ] for 11 i f ' i -i i -it -r tne defence wished to have done it, it it had so happened that your Lord- necessitated ships' opinion had coincided with mine upon the manner of pro- proceeding ceeding ; as I certainly should not have done if it had been the court!*' your Lordships' opinion as I hoped, trusted and was con- fident, it would be that the prisoner should have gone upon his defence as soon as we had finished the individual charge against him. I would not have anticipated any part of that defence ; and I would not have gone into a refutation of all those strange, absurd, contradictory, futile, contemptible and disgraceful, arguments which I have stated to your Lordships. I would have left them to have come, if they would have come, from the mouths of the Counsel on the opposite side ; and would undoubtedly, in reply to them afterwards, if they had stated them, have treated them as I should think such arguments would deserve. But, as your Lordships have instituted a mode of proceeding which seems to put a considerable distance of time between the opening of this charge and the answer to it, and perhaps a more considerable distance between the opportunity I shall have of replying to that answer, I did not think of any way in which I could explain it to your Lordships better than by stating all the arguments that occurred to me, and stating answers to them. At the same time that I saw the fallacy of this proceeding, I should not have adopted it if I did not mean to give in evidence various writings and documents, in which are contained all those arguments which I mean to repel and to confute ; because your Lordships must know that, upon this occasion, there have been various accounts by the defendant himself. He published a narrative, printed at Calcutta, upon the Mr. Hast- subject of the business of Benares.* That narrative we ti^orth! 1 __ . . ( * " A Narrative of the Insurrection vhich happened in the Zemindary of Benares in the Month of August, 17S1, and of the Transactions of 'the O 2 transaction of Benares. 212 Opening of the First Charge Benares : 22 FEB. 1788. shall give in evidence to your Lordships. That narrative states itself to be though not literally taken before a magistrate to be a narrative upon oath. There is the most solemn attestation to the truth of the facts contained in it ; and it is stated by the writer and the signer of it AVarren Hastings to be written and attested under as great an obligation as any paper could be written under oath.* His defence There is another paper ; I mean that which was given as theiiou" the defence of Mr. Hastings at the bar of the House of Commons. Q ommons a paper which has been, whether ignorantly or ma- liciously I know not, but certainly untruly called the defence which that person Avas called upon to make at the bar of the House of Commons. f It was no such thing. Upon the proceedings against Mr. Hastings not in consequence of an eloquent speech, but in consequence of evidence resulting from inquiry, and the conviction of the House of Commons upon evidence and accusation, it was thought fit to go to a certain length in that inquiry. Mr. Hastings, of his own motion, at his own desire, appeared before the House of Commons and made his defence. At his own desire, that defence was taken down in writing and delivered at the table of the House of Commons. Therefore, my Lords, when I mean hereafter to bring that in evidence before you, I beg to take this early opportunity of stating that it was not a defence called for, but a voluntary defence offered by the prisoner at the bar, [and] which he meant to impose upon the House of Commons and the public as an account of his actions whether a false one or a true one will hereafter be examined. But I have a right to state all that is in that defence in the way in which I have stated it, and in the way in which I shall perhaps make a further use of it. Therefore, if I have taken that which I admit to be not in general the most regular mode of argument in proceedings of this kind, I have stated as arguments [what] we shall bring in evidence before your Lordships, and the repelling and refuting of which is a good way, perhaps, of explaining and illustrating what my sentiments are, and which I trust will be your Lordships' upon them especially as the mode of proceeding adopted by your Lordships seems to put at so Governor General in that District; with an Appendix of Authentic Papers and Affidavits. Calcutta. Printed by order of (he Governor General, 1782 ; " in 4to. * See pages 1 to 5 of the " Narrative." f See a preceding note, page 75. Speech of Mr. Fox. 213 great a distance the arguments from the mouth from which 22 FEB. im. we shall expect to hear them from the opening ; which I can't help here regretting upon this account. I should feel more pleasantly and more happily if I stood here stating what I state with an hope that it might be answered ; with an hope that it might be treated in the way in which it deserves to be treated, within a few days after the time at which I state it and prove it here ; that if I state anything fallacious it may be done away instanter, if possible, and erased from the breasts of your Lordships. That hope is gone from me : therefore I state what I do state with more apprehension. Still the time will come ; because we are not persons to be discouraged, by any difficulty or seeming difficulty in the mode of proceeding, from doing justice to our country. Let the statement I have made be examined ; let it be criticised. Let another statement be made, if it can be made, different from that which I have made : I shall be glad to subscribe to it. But they cannot make any statement which will justify the subsequent proceedings. I have now, therefore, finished the period of agreement with Cheyt Sing. If your Lordships were as well acquainted with the public interval character of Mr. Hastings as I am I mean, if it had fallen asr^TOcnt 16 to your Lordships' province to read such volumes of the history of his political life as it has been my duty to do I am sure your Lordships would for a moment express some surprise at what I am about to state. I, who know the fact, should be greatly surprised if I could not immediately account for it. Here is a treaty, made in the year 1775 and not broke till the year 1778 a singular instance in the history of Mr. Hastings : and I would almost venture to say, if in any other instance of his life you can show me his subscription to any instrument, and that three years passed before he broke it, that it was a term of prescription and indemnity, and allow him to escape your Lordships' justice upon that ground. It is a degree of dilatoriness it is a degree of delay it is a degree of mercy in him that I should not account for upon anything I know of his character ; if there were not some good reasons to account for it which I shall relate to your Lordships. It so happened that this treaty, though Mr. Hastings advised it though Mr. Hastings recommended it though Mr. Hastings was a party to it was not, strictly speaking, Mr. Hastings' treaty; and he had not the same affection for the treaties of others as he had for his 214 Opening of the First Charge Benares: 22FEB.17SS. own. He would let them lay by unobserved and unbroken; for to be observed and broken were with him the same thing. He would treat the works of other men with a degree of indifference with which he would not treat his own. There was also another circumstance in this treaty ; that for a considerable time after the making this treaty he had no power of breaking it ; that the majority of the Council were against him, and, though in effect this treaty was made by his own suggestion with their approbation, yet they differed with him so much in other points that he, who could persuade them to signing this treaty, could certainly not prevail with them for the breach of it. That accounts for this treaty remaining so long unbroken so different from any other treaty to which Mr. Hastings was a party. I am willing to admit further and I cannot account for it that, even after Mr. Hastings arrived at a greater state of power, that, even then, between one and two years elapsed before he broke this treaty. How he came to wait for an opportunity to break it, contrary to his usual custom, I cannot account. But, even in the life of such a man as Mr. Hastings, one can no more be expected to account for this delay than if, in the life of a virtuous man and a good citizen, it appeared that for some months in his life he had delayed and deferred what he thought a general and indis- pensable duty. Mr. Hast- However, in the year 1778, Mr. Hastings, who had sulonon 111 undoubtedly looked eagerly for an opportunity upon this fo^flvfials subject, took one which he seemed to think a fit one. I of pee<=, on gh a fl observe in some degree upon that opportunity. He war with says that, upon the news of a war with France, he sent a lce ' requisition for five lacs of rupees to Cheyt Sing. Upon that period I beg to make this observation that the plea in general for demands upon Cheyt Sing is not the probable necessity of the Company but the actual necessity of the Company. If probable necessity were a plea for this out- suchade- rageous demand, why did not Suia-ud-DoAvla make that maud not , D ,. i *-,o o TJTTI i i , -\ * TT sanctioned demand in J77o f Why aid not Mr. Hastings countenance suja^d? f him in such a demand ? "Was Mr. Hastings ignorant in the Dowia. vear 1773? Was he not on the contrary too knowing? And, to use the lawyers' phrase, was he not conscious, in the literal sense of the word, that Suja-ud-Dowla was upon the point of making war with the Eohillas ? When Suja-ud-Dowla was about to make war with the Rohillas, Speech of Mr. Fox. 215 did Mr. Hastings suggest to Suja-ud-Dowla or permit him 22 FEB. m , to make this suggestion to him " I made this agreement, it is true, with Cheyt Sing of twenty-two lacs of rupees for his stipulated payment ; but, in times of war, in times of exigency and in times of danger, I have a right to exact more. That time now exists; for I am about to make war for the extirpation of a whole people " ? That undoubt- edly could not be considered as a trifling and inconsiderable war. He did not state it, Therefore, I state that Mr. Hastings certainly knew this, that if there were which I deny and shall prove that if there were a possibility of grounding upon the argument of necessity the tyrant's old plea a cause for breaking the engagement with Cheyt Sing, it must, if any ground upon that subject, be actual danger and difficulty, and not a probable foresight of contingent danger and difficulty. Now what was his ground upon which he made this Not justified demand of five lacs? He had heard of a war with France undoubtedly a report very much to be attended to by a person in his situation. But, on the other hand, was the Company in distress ? Was their treasury low ? Were they in want of money ? We will produce to your Lordships a statement of Mr. Hastings upon that subject, which, whether true or false, makes the revenues of the Company to be in the most flourishing situation ; which makes their treasury to be abundant to almost an incredible degree : it makes them to be in the actual possession of a surplus, as he states it, of two krors of rupees that is to say, two millions sterling of money. Xow it would be hard I think, and I shall not urge it in Smaiincss of that view, to state the smallness of the demand upon this subject as any way making against Mr. Hastings ; but can I believe that Mr. Hastings can your Lordships believe or will you admit it for a moment, that, when he makes a demand of 50,000, and no more than 50,000 I do not mean to say that if he had made it more he would not be much more guilty but, as I state to your Lordships, can it be believed that Mr. Hastings should make a demand of 50,OOOZ. upon Cheyt Sing, not upon the general principle that he had a right to demand it annually, not that it should be an increase of tribute, but upon the exigencies of the Company, at a time when the treasury was so full that there was a surplus of two millions sterling of money? I have no doubt but your Lordships I mean such of you 216 Opening of the First Charge Benares: 22FEB.i7>.8. as have not looked deeply into this subject are ready with NotTpart of an answer upon that. You may say <( Fifty thousand tal e on tiie pounds was as much as this man could bear to pay ; but you empire. are to consider it as part of a general tax to be laid upon the empire for the general exigencies of a war : that then undoubtedly 50,0007. might be a very considerable object, as a precedent and a criterion by which the payment of other persons in similar circumstances ought to be regulated." I admit that argument and admit it in the full force of it. But your Lordships will be by-and-bye astonished to hear, when you have taken that argument in your breasts and given it all the influence there it has a right to possess, when you find this very Mr. Hastings declared, when put to him if a tax, why not a general tax upon others in similar circum- stances ? he declares in his Defence that is now actually a matter of record before your Lordships he declares in his Defence at your Lordships' bar, that there were no others in similar circumstances whatever, and therefore no others to whom such a tax was applicable. Therefore I beg leave here to state the smallness of the sum in this view. When your Lordships consider the action, you must con- sider it in a variety of lights ; you must first consider it in the strict light of justice. If your Lordships be of opinion which I am sure you will not that this is a question to be considered, not merely in the strict light of justice, but in something of a political equity upon the subject, then it would be material to state the smallness of the consideration for which a treaty, in a great many views, was actually broken, and for which, finally and ultimately, in its consequences, one of the princes of India was expelled from his territories. It was not with a view to a general tax and a general supply to the treasury; for I have the authority of Mr. Hastings to say there was no other person in Cheyt Sing's circumstances, and no other to whom that general NO defici- tax would be applicable. At a time too when the treasury cncyinthc .-, p , -i ,1 , MT treasury. was in the possession or two krors that is, two millions sterling for the sake of 50,000/. more was this treaty disregarded, was this treaty violated, and the British name and reputation in the subsequent consequences dishonoured and lost in India. Whether that statement made of the Company's finances by Mr. Hastings were just or not, is not now for me to investigate : nor do I know that I have the means here before your Lordships of investigating it : but I have a right Speech of Mr. Fox. 217 to state, not what was the state of the finances in India which 22 FEB. 17* for this purpose is no object of my consideration but I have to state to your Lordships' consideration what was Mr. Hastings' opinion of the state of the finances at that time ; for by his opinion of them was his conduct to be regulated at the time, and not by any subsequent judgment that I or any other man might form of the state of the finances at that moment. I wish your Lordships therefore to consider what was the actual state of the Company at the time he made this demand of five lacs. There was the rumour of a French war on one hand, admitted as a ground of apprehension. There was the fulness of the Indian treasury and the abundance of resources, as an argument, which I think cannot be denied, on the other hand, as a security against any imme- diate exigency or want. When Mr. Hastings made this demand of five lacs, it was False plea made in a manner that seemed to leave it doubtful whether sf it was asked as a favour of Cheyt Sing or as a matter of right. Cheyt Sing made, according to the custom of the princes of that country, some objections to the payment ; not so much though in some instances it will be proved that he did in the nature of right, as pleading poverty. That it is very much the custom of the princes of that country, to conceal the degree of wealth which belongs to them ; that they are very apt to underrate their resources, and to state them to be smaller than they are in fact. If that is considered as an hostile fact to the princes of that country, I, on their part, and in some degree as their advocate, am perfectly ready to admit at your Lprdships' bar that that is the case, not with the princes in India only, but I believe it is generally so in the case of those great subjects, whom I denominate princes, who are the subjects of the Company. I am also ready to admit and I leave your Lordships all the reflections you will make, to the honour of the government of that Company and the honour of the name of the govern- ment of Great Britain, on this fact that it is a govern- ment where the practice of the subjects is to conceal and not to boast of their wealth. I wish I could admit of that fact in favour of the Indian princes, without admitting at the same time the strong fact against the British government ; for there cannot be a more irrefragable mark of a tyrannical government than where the subjects, instead of being osten- tatious and boasting of the value of their property, think it necessary to underrate and conceal it, in order to keep 218 Opening of the First Charge Benares : 22 FEB. 17$ Payment made bv him. Demand re- newed by Mr. Hast- ings the following year. Demand re- peated in 1780. The demand illegal. it, if possible, from the grasp of power and from the hand of oppression. Cheyt Sing did therefore plead falsely, I believe, in a great degree his incapacity of payment. He however did complete the payment by the 10th of October, 1 778. I wish these dates to be kept in some degree in your Lordships' minds ; because, in the way in which I shall state the argument, they are in my conception of some importance. Cheyt Sing hoped that, as this demand was on a peculiar exigency, it would be the demand of one year only. However, Mr. Hastings con- sidered it as a demand during the war : therefore he renewed it upon the next year. He made the same demand the next year ; the same difficulties were stated ; and the last pay- ment, I think, was not made until the 21st of October. There is a circumstance in this year which it is necessary to mention, that there was so much doubt of Cheyt Sing's willingness and acquiescence in the payment of this money, that there were some troops ordered to be ready to compel him, and he was charged some small sum about two thou- sand pounds sterling for the expense of those troops. In the year 1780, this demand was repeated upon the same pretences : the same excuses, or, as they are called, shuffling evasions, were made by Cheyt Sing ; and the whole was paid on the 20th of October, 1780; that is, within one day of the same period as it had been paid upon the preceding year; one day sooner than it had been paid in the year 1779. Now, before I enter upon the subsequent part of this business, I wish to state to your Lordships that I mean to press to your Lordships that the demand of five lacs of rupees by Mr. Hastings upon Cheyt Sing was contrary to law ; that it was illegal ; that it was contrary to ngree- ment ; that it was contrary to treaty ; and, considering the power of the person who demanded it, that it was tyrannical and oppressive. My Lords, I think it fair to state that in some degree this might be considered as the act of the Council, as well as the act of Mr. Hastings. And here I beg leave to state a general principle that, in an executive council, every man is answerable for his acts ; and that, if Mr. Hastings or any man proposes to such executive council an illegal, tyrannical or oppressive, act, the adoption of that act by the council takes no responsibility whatever from him. Otherwise, your Lordships would know that the wisdom of this legislature never would have provided that India, or any government, Speech of Mr. Fox. 219 should be governed by an executive council; for, the 22 FEB. moment an executive power is delegated to anyone, that executive power must be absolute tyranny, unless there be a responsibility in those who execute it. And if you take away that responsibility from a person, by stating it to be the act of the council, you take away the responsibility of the whole. Therefore I hold it as a proposition which can- not be disputed, that a person for his acts, in an executive council, is responsible in exactly the same manner as if he had the whole powers in himself and executed them upon his own opinion. I shall not therefore trouble your Lordships with my opinion upon this subject ; because I anticipated it in what I have stated to your Lordships to be my conceptions of the nature of the agreement between the East India Company and Cheyt Sing. If it be true that Suja-ud-Dowla, as I have stated, was bound by an agreement to exact no more from Cheyt Sing than twenty-two lacs of rupees if it be true that Asoff-ud-Dowla was bound by the same condition if it be true that Mr. Hastings knew and recognised the validity of that agreement and the force of that condition, by preventing Asoff-ud-Dowla from taking 6ve lacs in advance from Cheyt Sing, in the year 1775 if it be true that the Governor General and Council did nothing but receive the province of Benares upon the same condition on which it was held of Asoff-ud-Dowla if it be true that they increased his independence, rather than diminished it, by the grant of the criminal jurisdiction and of the mint if it be true that they bound themselves not to make any further exactions of any kind, or upon any pretence to interfere in the government of that country if it be true that they recognised that right in Cheyt Sing, in so clear a manner that when they meant to reserve a right to punish him for coining false money they re- served that right expressly if it be true that this providing two thousand cavalry was a point they did not venture to enjoin ; was a point they did not venture to command, but simply re- commended, and took care that what they pointed [presented ?] as a recommendation should be understood as nothing but a re- commendation if it should be further true that, in the mode of that recommendation, they proved their opinion that they had no right to the requisition, by stating that, whenever they should want to borrow, then they would pay for them according to stipulated terms agreed upon if all these be true, nay if any one of these things be true though all the rest be 220 Openiny of the First Charge Benares : 22 FEB. 1788. false, it is perfectly clear that that agreement, bound Mr. Hastings and the India Company, and bound Mr. Hastings more particularly than any other man, to take but twenty-two lacs from Cheyt Sing ; that he should exact no other payment of any kind, nor interfere with the government of his country upon any pretence whatever, so long as he paid that tribute and yielded obedience to the Company. Defence that Upon this occasion, there are two sorts of defence endea- did'uot ob- voured to be set up. One is a defence which I hardly know how far it is fit to mention to the gravity of this assembly though it has been much relied upon because it is merely levelled against one individual, who is not among the com- mittee of Managers : much do I lament that he is not, both for the sake of public example and for the advantage of this prosecution. But that argument is levelled only at him, ad hominem, and has nothing to do with the decision of your Lordships upon this subject. It has been said that in that Council, though General Clavering was no more, though Colonel Monson was no more, there still existed a represen- tative of their opinions and a representative of their character. That they could not have given a better, because they could not have given a more honourable, description of the character of Mr. Francis I am ready to admit, but they state that he was implicated in this demand with Mr. Hastings, because he was present and did not object to it. We shall bring to your Lordships evidence upon that subject I mean the minutes of those different Councils by which it will plainly appear, out of the Governor General's own mouth, that Mr. Francis had stated his doubts, if not his opinion, against the legality of that measure ; but, trusting to the executive government of the country, thinking that it was a very different thing to ask merely as a request and without any force or pretence of right that which possibly he might know might be cheerfully given, there might be an acquiescence to that subject which implied no opinion upon the right whatever. But it will appear, upon the evidence and from Mr. Hastings' own minute, that Mr. Francis had specially stated his opinion against the right, and that it was his opinion upon the right that guided Mr. Hastings' actions afterwards. Your Lordships will perceive that it is one thing to assert a right in defiance of an agreement, and that it is another thing to request from a subject, an ally or any person whom you will, anything that is in his power to grant or withhold, if done without any claim whatever to authority or power. Speech of Mr. Fox. 221 Upon the subject of this species of defence let me say one 22FEB.178S. word, though it may be out of this question. Your Lordships Effect of the see what a just tribute even guilt pays to innocence see cognising" what a just tribute even those who have acted contrary to onvir. tcgrity law and contrary to right principles pay to the character of Francis. those who have obeyed their superiors and acted upon the principles of justice and of right. For it is brought here in defence of Mr. Hastings, not that this was right not that this was equitable not that this was just not that it had the approbation of this, that or the other but that it had the approbation of Mr. Francis; because he considered Mr. Merits of tho Francis as the representative of that government in India, council op - imder General Clavering and under Colonel Monson, which Hastings!"' I have heard said in my life that it would have been fortunate for that country if it had never existed, and that those persons could have been spared out of the world. If the same misfortune that had lost Mr. Vansittart had lost General Clavering, Colonel Monson and Mr. Francis, the country would have been one uninterrupted scene of rapine and oppression. We should have lost that short but glorious interval in which the government of the East India Company in India was just, upright and respectable. And, though two of those honourable persons exist no more, that government lives, to the honour of this country, in the memory of the people of it. Jt lives in the memory of the people of Great Britain ; and has been the means, by the good regulations introduced, and in some instances by the good principles they had laid down, of enlightening Great Britain upon the subject of India more than all the documents and records of the Company could enlighten them. If, at this moment, principles of policy and justice are applied to the government of that country, which people knew not how formerly to apply to them, it is owing to those three gentle- men, who made it the business and duty of their lives to conform in every instance to the orders of their superiors, and to act in every instance upon the principles upon which they were sent to command in that country. It is therefore glorious to them to hear that principle of defence set up here but to your Lordships it is nothing. If it should be proved that Mr. Francis, having success- justification fully combated for years while these two men lived, but efs^n not an ~ afterwards unsuccessfully, made less opposition to this opposing ,, i . V . i , , ,. rt , . TIT the measure. measure than perhaps might be expected from him, I believe those who reason right will indulge that to human frailty. 22:2 Opening of the First Charge Benares : -2-2 FEB^i788. But those who are not willing to do that will think, at least' that it is no justification of the Governor General, but, on the contrary, an aggravation to the last degree, that he hath not only done what we state him to have done with respect to Cheyt Sing, but that he brought the government of India into such a situation that an honest man hardly dare to state what he thought the rights of Cheyt Sing, but, upon his stating them, he should bring the vengeance of the Governor General upon the unhappy prince he thought to defend. I am perfectly convinced that your Lordships will regard all arguments ad hominem to be upon this occasion of no effect whatever. The com- There is another argument upon the subject which has pany'sac- , ,. ,., r , !_ i_ T 1 11 quiescence more the appearance of solidity, and upon which 1 shall m the i ,- venture some W0 rds to your Lordships. Mr. Hastings has stated that he communicated this intention of levying five lacs to the India Company at home, and by their silence he conceived them to be acquiescing in the legality and in the propriety of the demand. I have had occasion formerly to state, in other assemblies, though not in this, my opinion of the conduct of the East India Company with respect to the direction of their servants. I am afraid that one general principle has pervaded the whole of it that, however, abstractedly, they have recommended justice, equity and moderation, they have in no instance reprobated the contrary, when the contrary has been productive or apparently produc- tive of pecuniary resources to the Company. That that has been the character of that unfortunate Company that that has been the character of the court of Directors I am ready to declare, not from my own opinion but from the authorita- tive opinions in my judgment of Parliament itself. It was upon the ground of their inattention to those principles that the Commons passed a bill, which I had the honour to bring to your Lordships' bar, to suspend for a time the powers of the East India Company upon any such subjects whatever. That bill was rejected by your Lordships. But I will say that the same principles upon which I brought that bill, however it may differ in other respects and points which it is not my business here now to dispute dictated to a subsequent House of Commons to bring another bill to the bar of your Lordships, which you have adopted, and it is become the law of this country ; which has gone, not to suspend the power of the Directors or the charters of the Company upon this subject, but for ever totally to annihilate and extinguish it : because Speech of Mr. Fox. 223 you have and, as far as that goes, wisely I think put out 22FEB.17&8 of their power to make regulations of that sort upon which Mr. Hastings justifies himself. You have put them to another tribunal, who I trust composed however they may be composed would never have suffered such a representation, such a suggestion and such a demand, as this to have been made, without a reprehension upon such a demand. If your Lordships admit this species of defence, consider Danger of the principle that you will lay down. Consider how prolific Go vwnor a of it will be, if your Lordships lay it down as a principle that, justified by when a Governor in India has done anything, that he has stated his having done it to the Company and the Company do not reprehend him for it, it is justifiable. Consider how, by a collusion between the Governor and the Company, every species and denomination of oppression, every kind and sort of cruelty, and every degree of exaction and extortion, everything that disgraces the British name and character, may be perpetrated in that country ; and then, so far from punishing them, that you cannot hear the accusation that there is a kind of bar pleaded in your House against taking into your consideration the subject. Who were the India Company at this time ? Were they part of the government of this country ? ^o ; they were a separate and distinct body of men, having rights independent of the sovereignty of this country ; in some instances at least they were so considered. Then, if you admit their sanction to be a justification, name to me the species of outrage name to me the species of extortion name to me the species of tyranny name to me the species of cruelty name to me the species of disgrace to the British name that has been committed in India, which you will be allowed to inquire into, if it is competent for the prisoner at the bar to tell you upon that subject, " I informed the Company of what I did upon that subject; they approved of it; you must inquire no further into it." By considering that argument for a moment and declaring it worthy your attention, you pass a general act of indemnity for every species of crime that can be com- mitted in that country. Could such an argument be pleaded anywhere ? I trust not. Much less can it be pleaded here. It is the glory of the Commons ; it is one of their principal, undoubted and acknowledged, privileges ; that no pardon from the Crown could be pleaded in bar of an impeachment here. Well, if that cannot be pleaded in bar, shall a con- structive pardon of the East India Company (for what is 224 Opening of the First Charge Benares : 22 FEB.1788. it else ?) be pleaded at the bar of your Lordships' House ? If the Sovereign cannot exercise his noblest prerogative, that of pardon and mercy, if that be barred, shall the connivance, the tacit implied pardon, of the India Company be pleaded at the bar of your House to stop your inquiry into what the Commons of Great Britain state to your Lordships to be illegal and tyrannical ? I trust therefore that these two arguments the one of which is a personal recrimination and personal application ad hominem, rather than any solid argument ; the other one which tends to justify every, the worst, excess committed in India I say, if these are the descriptions of these acts, I am sure your Lordships will pay no attention to them. Exaction I therefore charge the exaction from Cheyt Sing of five fromChcyt , r . . , * sing of five lacs or rupees, it an exaction ana not a mere request 1 ami tyranni- charge it to be illegal; I charge it to be unjustifiable ; and, caj - considering the evident power of the person who made it, I charge it to be tyrannical and oppressive. Apobgy for My Lords, I am sensible that upon this part of the subject, argument, which appears to me to be so clear and self-evident, I have taken more of the time of your Lordships than the subject Reference in itself deserved. I have done so the more because I know opinions 1 ' that it is a subject upon which doubts have been raised by Pitt. by r ' the greatest and most respectable abilities in this country, and that those have been employed in various times in stating difficulties upon this subject, and doubts upon the absolute point of law.* My respect for the greatness of those abilities which I should be sorry not to have had this opportunity to acknowledge my respect for the authority and situation of the person who so urged them, has made it appear necessary for me to go more at large in dilating and proving this point, which is a great point in this cause, than possibly I should otherwise have done. When I say I have spent too much time upon this subject, I mean it in these two lights, which I will explain to your Lordships. First, because, as I say, I think it so clear a proposition that it requires little argument and little reasoning to enforce. There is also another reason, which I suspect will much * In this and the following passages, Fox refers to Mr. Pitt's speech on the charge relative to the Kaja of Benares, delivered in the House of Commons on the 13th of June, 1776, and in -which, after asserting the legality of the fine exacted from Cheyt Sing, he supported the motion for the charge on the ground of Mr. Hastings' conduct in the transaction having been "cruel, unjust and oppressive." Speech of Mr. Fox. 225 surprise those of your Lordships who know only by rumour 22 FEB. 1738. the general state of this question. I have no doubt, if your Lordships have not examined the Compliance particulars of this business, but only the general fate of that sL^with unfortunate prince for whom I stand at the bar, if you have theexaction - only a general popular knowledge of this subject, you will naturally suppose that this exaction was resisted that Chey t Sing refused to pay this sum and that, in consequence of such refusal, compulsion was adopted ; and, in consequence of that compulsion, Cheyt Sing was expelled his territory ; upon which followed the rebellion and all the consequences I shall by-and-by have the honour to relate to your Lord- ships. But how surprised will a great part of this auditory be, who have only a general and popular knowledge of this subject, when I come to call to your Lordships' notice what I have just stated that this exaction, unreasonable as it was, contrary to treaty, illegal, tyrannical, oppressive and faithless, was nevertheless punctually complied with ; that this exaction was not the cause of anything that happened afterwards. And if your Lordships should be of opinion that this treaty should be construed in the way in which Mr. Hastings construed it, that he had a right to levy these five lacs, they will then have this triumph over me, that I have endeavoured to prove Avhat I have been unsuccessful in demonstrating. But they will have no other ; for if the exaction was just, legal and proper, it will not make one atom in defence of Mr. Hastings upon the subsequent part of his conduct ; it will not make a shadow of justification, a shadow of pallia- tion or excuse, or alter the character of the other crimes which I shall lay to his charge in the subsequent part of this business. These requisitions were made in three following years, The requi- 1778, 1779 and 1780, and they were all paid, to the last punctually farthing of what was exacted, and 2,OOOZ. more for the troops paid- which were said to be necessary for the compulsion. In the first year it was paid on the 10th, in the second year on the 21st, and in the last year on the 20th, of October. One would have thought, my Lords, that this requisition object of was at least doubtful enough in its principle ; that there was ings to^um at least a shadow of right in the Raja ; that there was at Cheyt sin *' least what the lawyers have called a scintilla juris in the situation of the Raja, that might have made it reasonable that the Governor General should be contented with the pay- ments which Cheyt Sing made, though they happened to p 226 Opening of the First Charge Benares : 22 FEB. 1788. be by some weeks or by some months later than the period at which he expected to receive them. But that, as I shall show hereafter, was not the Governor's intention. It was not his wish to have these five lacs for the exigencies of the Company ; for, with its abundant treasury, five lacs was no object with him. His object was to ruin Cheyt Sing ; to expel him from his territories; to punish him for a fault which I will state to your Lordships what it was ; and, when you compare the offence with the punishment, you will con- sider with horror and look with dread at what are the powers of arbitrary government. Offence Cheyt Sing, in common with all the other princes con- inven by T.I i T i /-< i Cheyt Sing nected with the India Company, knew that it was a matter ings by pre^" of infinite importance to him to be upon terms of favour conmtuiat- anc ^ protection with the actual government of that country, f whomever it might consist. Cheyt Sing, well or ill informed, had received intelligence, as he thought to be relied upon, from this country that Mr. Hastings had re- signed the office of Governor General, and that that office was like to be executed by General Clavering. Cheyt Sing did upon that what undoubtedly your Lordships would not do ; because you have all great, noble, elevated and indepen- dent, sentiments ; because you live in a country where you have no necessity for the favour of power, where you are in situations and conditions not to care for any favour which power can bestow, and perfectly secure against all the mis- chiefs which power can inflict. I do not say your Lordships would, but let me say there is no country in Europe where the nobility would not, when they foresaw or heard of a change of government, take the earliest opportunity to show that all the kindness, affection, submission, they expressed to the preceding governors, were transferred to their successors. I know these are sentiments which in this country, used to high, independent, sentiments of freedom, shock the ears of my auditory ; but these are sentiments of which if I were to speak in France, of which if I were to speak in Germany or other parts of Europe, I should be perfectly understood. But if I should be perfectly understood in other parts of Europe, much more should I be understood in India. Con- sider what a person in that country has at stake : not a paltry pretence for power, or rewards or trinkets ; No ! But where it has been the opinion of some governor that arbitrary power is the law of the country, that their rights are nothing and the power of the sovereign is everything, if Speech of Mr. Fox. 227 in such countries any man should condescend to something 22 FEB. ms. like mean arts to secure the favour of a governor, so endued with power and so disposed to exert power as some governors have been, will any man impute it to meanness or improper behaviour that a great prince of that country was among the for wardest to pay his court to the new governor? to show that his attachment was not to the person of the governor, but what all attachments should perhaps be to the govern- ment itself? It so happened that Cheyt Sing, who had mistaken infor- mation of Mr. Hastings' intended resignation and the ad- vancement of Sir John Clavering, thought no time should be lost ; and he was sending his vakil with the greatest degree of hurry to pay his respects to Sir John Clavering. I believe he was undeceived before the vakil came to Cal- cutta ; but, whether he was or was not, of such a strange miud appears to have been the gentleman now at your bar, that he considered this, which any man would consider only as a proof of the arbitrary power of the English in India which any person would consider only as a symptom of the low, the miserable, condition of those dependent upon the English power in India, or at worst something like mean- ness and time-serving in the person who did it Mr. Hast- ings conceived this as a mortal affront, and [as one] which I believe he has candour enough, if he were to speak at your Lordships' bar now, to tell you he has not yet forgiven. My Lords, I have now done what I conceive to be a most charge of dangerous thing in a prosecutor, and which I would not Motive 118 have ventured upon if I were not sure and confident that I jf^f * Mr - can make it out by irrefragable proof I have not only now charged the fact, but I have charged the motive, as if that were distinct from the fact. With respect to the charge of motive, I have always understood it to be clear, indisputable and incontroverti- ble, that when an accuser makes out certain facts, all the malicious, all the bad and corrupt, motives which are fairly to be inferred from those facts, are to be taken as granted, and that it is the province of the prosecutor to prove them exclusively from the facts. In this instance, however, I think I can show your Lordships such a body of facts and such innumerable proofs respecting the particular motive of the prisoner in this particular business, that I could almost venture to rest my cause upon this that I prove the malice P 2 228 Opening of the First Charge Benares : 22 FEB. 1788. to Cheyt Sing exclusive of the last particular fact of his imprisonment and of his expulsion. or u chevt lity should think it would be no inconsiderable argument to sing in pay- prove this, to state that he himself thought five lacs of rupees action! was all that it was reasonable to demand of him. "Would it not be the natural consequence for a person who made such a demand to say " I have demanded five lacs : he wished to delay payment, but he has paid it : I will now leave him at rest, or at most make another demand next year, if the exi- gencies of the Company should make it necessary so to do ?" No ! instead of rejoicing at what I shall state to be the Raja's punctuality, considering what might be expected, in the payment of this demand, and converting that to merit, the prisoner states that he has been dilatory, that he has been contumacious ; and therefore he makes another demand upon him. He found he had made a demand as great as he could do with any pretence or colour ; but yet that was not suffi- cient to tire out the patience of the Raja ; it was not sufficient to bring him to any act of what he called disobedience. I beg to state what I mean by punctual payment. I do not consider punctual payment to be, to pay at the very day or minute at which the superior exacts payment ; but I take it to be such reasonable punctual payment as, considering the situation of the person, can be expected. Your Lordships, who have been in anyways concerned with the revenue of this country which has always been a legal, well-regulated, revenue know that it is far from being the case that every penny due to the Crown is paid on the day when it becomes due. With the most rigorous and exact treasury, it never has been the maxim that if, by any particular circumstances, a payment is not made to the Crown the very hour at which it is due, the person should be punished for contumacy. If he is punished it is by a pecuniary punishment, namely, the interest of the money from the time of its being due till it is paid ; which is a sufficient compensation to any country for delay of payment. Question of But here a new principle is laid down. This money being money be- never strictly due ; being an illegal demand ; being a demand :amc due. f QJ . w hi cn there was no stipulation, no agreement ; the period when it became due was difficult to state : and yet it was necessary to state that, to make the crime of delay im- putable to the Raja. It was difficult to say this money was due in June, or July or August. But Mr. Hastings found Speech of Mr. Fox. 229 another period ; it was demanded on such a day, and conse- 22 FEB. nss. quently it became due from that time. If it had been a demand upon a regular, annual, certain, stipend ; if I had been accustomed to demand this ; if it is a matter of right ; if it is a part of your obedience to me that I am to exact five lacs of rupees from you every year, and 1 have every year exacted that demand upon the 1st of July it might be said such demand was to be expected on the 1st of July ; and conse- quently, by a perverted, strange, tyrannical, reasoning, it might be said to become due that day. But it is stated here not to be a regular demand, but [nor ?] an annual demand. Therefore that which is stated to be an insulated separate demand, not of an annual payment, but of particular resource in case of particular difficulty, the G overnor General states it became due when ? the instant I demanded it ; and from that hour the delay is to be stated as contumacy in the per- son who knew nothing of the demand till the hour it was made. I contend it became due at no fixed date, but at such times as it could be reasonably paid. However, it so hap- pens upon this occasion that what I state to be Cheyt Sing's punctuality what Mr. Hastings has stated to be Cheyt Sing's contumacy has at least been a regular contumacy or a regular punctuality ; for he paid on the first year the whole on the 10th of October; in the second year upon the 21st; and in the third year upon the 20th of October. So that I think your Lordships will admit that, if Mr. Hastings could bring himself to acquiesce with those insufferable delays of the Raja, he had no reason, if he could wait to the 10th of October for the first payment, to consider it an intolerable delay to wait till the 2 1st for the second ; that if any punishment was necessary for the Raja's delay in the second, the punishment should have been the interest of five lacs, that is 50,0007. Eleven days' interest upon fifty thou- sand pounds was all the punishment he had a right to exact. But on the third year it so happens that, taking for example the first and second years, instead of being dilatory he is precise and exact to his time ; or, if there is any difference, he is one day sooner than he was the year before. Therefore I beg to state to your Lordships that there is nothing in the conduct of Cheyt Sing in the third year, with respect to time and date, that was at all different from his conduct on the first and second years ; and therefore there is no proof of that species of contumacy which is stated by Mr, Hastings. 230 Opening of the First Charge Benares: 22 FEB. 1788. However, Mr. Hastings, having found that he could not Demand on upon this ground with any colour of justice state that Cheyt of h cavairy g Sing na cl been guilty of any disobedience, had recourse to another; and, as he was not always very judicious in his choice of means indeed he had little need to be so, who was of opinion that he was everything and the rights of the rest of mankind nothing ; such persons do not give themselves much trouble about fit opportunities and colourable necessities he fixed upon the very worst opportunity he could have found to make a charge upon Cheyt Sing ; for he chose to make a demand of him for that which, by the very words of the treaty, he was exempted from he chose to make a demand of some cavalry. Now the Governor General and Council, when, in the year 1775, they recommended to Cheyt Sing to keep up a body of cavalry, expressly said that it was merely a recommenda- tion and not a demand. Nay, they went further and said " If you will keep them at our recommendation, we will pay you so much a man whenever we ask them from you." What says Mr. Hastings? "I will have two thousand cavalry ; all that ever I recommended for him to keep up." He reduces his demand to one thousand, and exacts that directly. He exacts from Cheyt Sing that which he might or might not have to give him. He exacts from Cheyt Sing that which, by the very government of which he was a part, he had only recommended to him, and had not directed him to have. But I dare say your Lordships think that, when he exacted this, he had not so totally lost in his mind and memory all the principles of the connection between the government and Cheyt Sing, but that he said to Cheyt Sing " You shall have your so many rupees a man, and so many rupees an officer." No ! no such thing ! He exacts them of Cheyt Sing and does not propose to pay for them. One would imagine, if Mr. Hastings' object Avas that wn i cn I state > l ? ms bj ect was to exasperate Cheyt Sing the demand, to weary out his patience to drive him to rebellion, if into rebellion he could drive him that he had taken the means which could not fail of the effect. But here he failed too ; for Cheyt Sing makes an offer upon this " I cannot spare so much cavalry ; I have but 1,300 men in my whole pro- vince. Of those I will give you 500 cavalry, and 500 match- lock men besides, in lieu of 1,000 cavalry, which I cannot spare out of my country." Here was a proposal which to Proposal of Speech of Mr. Fox. 231 the mind of every man must seem more than equitable 22 FEB^ITSS. more than reasonable ; which, one would have thought, must have softened a heart of most inveterate malice ; which, to the mind of any one else but the prisoner, would have shown a degree of patience and determined acquiescence in every degree of exaction that could be made upon him that, one would have thought, would have softened a heart the most set upon revenge, and a malice the most set upon its object of persecution. I shall prove this offer to be made to Mr. Hastings. But Determined ., . ., f i j ., ., . j , hostuityof it is not necessary to prove it, tor he admits it. And, what Mr. Hast- I think will hardly be believed by this audience till it has ings ' been proved, whatever credit they may be willing to give me, Mr. Hastings not only confesses and admits this offer in the way I state, but he gives this, which I state as submis- sion and acquiescence, which raises in my mind an indigna- tion at the servility of the man who was guilty of it, but which I can excuse only from the miserable servility of the country : "Here I lost all patience," says Mr. Hastings, "and determined to proceed in a vigorous manner against this man. I asked him for five lacs of rupees he paid me five lacs of rupees. I asked him again for five lacs of rupees, and he again paid me five lacs of rupees. I then pro- ceeded to ask him for that which by the treaty he knew he was not bound to give. I asked him contrary to his treaty, because I asked him for a thousand cavalry, meaning that he should pay for them and not I. Of all this he took no notice, but offered me 500 cavalry and 500 matchlock men. At this I lost all patience." I believe he did, because he was angry: "I lost all patience. I find all my attempts to exasperate this man are in vain ; all my attempts to make a quarrel with him are fruitless. He is so patient, so submissive, that no breach of treaty, no wrong, can drive him into any act that I can construe into anything like disobedience into a quarrel. Finding I could not extort any pretence for acting hostilely, I did it without any pretence whatever, and acted upon my own arbitrary principles." My Lords, I have omitted in point of time a circumstance, Present to in order to state what I did in a manner that might be more j^gs ^m intelligible to your Lordships. I shall now state a circum- j Sin K' 8 stance in point of time which is very material to the under- standing of this business, and which will be very material for your Lordships to consider, when you consider the pretences upon which Mr. Hastings supposes any guilt to be in Cheyt Sing. About that time I believe two days before, but I don't contend for the date at this moment about the time of 232 Opening of the First Charge Benares : 22 FEB.17S8. this third demand, an agent or vakil of Cheyt Sing's, called Suddanund, makes to Mr. Hastings a present of two lacs of intended by rupees, or 20,OOOZ. The legality of Mr. Hastings accepting ing's to'be" sucn a present the discussion whether he accepted it pro- applied to bablv for his own advantage or that of the Company I beg the service J PHI of the Com- leave at present not to enter upon ; because, tor all the pur- poses for which I shall argue it, I shall admit that Mr. Hast- ings was competent to receive such a present that he meant to apply it to the publice service of the Company, and had no intention of private profit in this transaction : I admit that for the argument I am going to state I admit that so far as goes to Mr. Hastings. But 1 will not admit and I am sure it cannot be proved that what Mr. Hastings saw in this light Cheyt Sing saw in the same light. CheTsi dby ^ w ^ not contended, much less be proved, that as a bribe. Cheyt Sing, at the time he was pleading his inability to pay five lacs of rupees to the Company at the time he was saying that he was forced to sell his jewels and was driven to many distresses to raise that sum at the time he was making all these various pretences, whether true or false it will not be contended that at such a time Cheyt Sing made a voluntary present to the Company of two lacs of rupees. That cannot be contended. If it should be contended, that will not be proved. However pure Mr. Hastings' mind might be upon the sub- ject of this present however he might predetermine it for the use of the Company all 1 contend is, that Cheyt Sing had no view of any such application of it : but that he in- tended it as a present to Mr. Hastings is a point that is self- evident. It is supposed that this was a mere friendly gra- tuitous present from Cheyt Sing. Presents of this kind are not very usual in any part of the world ; I believe as little usual on that side of the globe as this. Besides, Cheyt Sing and Mr. Hastings don't appear to be upon that re- ciprocal mutual footing of friendship for such presents to be exchanged between them. Cheyt Sing could give it him in no other view than to influence him in his conduct. Mr. Hastings had some hesitation about accepting the pre- sent, for reasons concerning the public service which he gives and which, for this moment and this moment only, I beg to give credit to ; which, for the public service however, he at length thought fit to accept, What must have been the reasoning of Cheyt Sing's vakil upon this? What account must he have given to his employer, Cheyt Sing ? It must have been " I offered a present to the Governor Speech of Mr. Fox. 233 He has taken it. Therefore do you be assured of his favour ; be assured of his forbearance. Depend upon it you have a friend in him, who will extenuate your faults if he cannot conceal them, and will at least act mildly with you in every instance where you may be thought worthy of punishment or worthy of censure." Would not the mind of almost any other man that ever appeared upon any public occasion have been influenced by such a circumstance ? Would he not have said " If I see a contumacy, if I see a dilatoriness in the payment of Chey t Sing, I can account for it by a circumstance which is un- known to the rest of the Council, unknown to my employees at home, unknown to the people of England ; because, though I know I received his money for pure and public purposes, he thinks he has given a bribe to soften and mollify me ; he thinks my acceptance of that bribe is a proof that I mean to treat him unfairly on the part of my employers, the Company, and that I mean to act partially and kindly to him." For what purpose did he think Cheyt Sing had given him that money ? For once I must take the opposite of what is the general case, that, if Mr. Hastings had applied this to his own purpose, he would have so far acted honestly in this sense of it he would have taken the money for the purpose for which it was given. But, applying it to the use of the Company, he applied it to a use not intended by the donor, and actually gave the Company money which he had levied upon Cheyt Sing by false pretence : for Cheyt Sing never would have given the money upon any other idea than for the personal favour of the prisoner, to procure his indulgence. I beg leave to have this present considered in another The Cpm- view for a moment. All that Mr. Hastings required of Sf&Vby the Cheyt Sing was the payment of five lacs in 1778, of five lacs ^St^Sv in 1779, and of five lacs in 1780. Cheyt Sing was dilatory ) payment . , t-i-ip -'of exactions. it seems in these payments. Admit that tor a moment ; what disadvantage did the Company suffer from it ? The Company suffered this disadvantage and this only that they received, later according to his opinion than they had a right to do, certain sums of money. But then they had an advantage to which they had no right, no colour or shadow of pretence, namely, the receiving, through their Governor, Mr. Hastings, a present of 20,0007. not claimed of Cheyt Sing. Now add that present, as it is fair and just you should do, to the other three sums I have stated. The Company have received 234 Opening of the First Charge Benares : FEB. 1788. 20,0007. above what they had a pretended claim to; and you will find that that 20,0007. much more than indemnified them for any disadvantage under which they could have laboured from the money having been paid some weeks or days later than it should have been ; inasmuch as that 20,0007. much more than covers all interest of the money that could possibly be due, from the time when it is pretended it was due till it statement was paid. Sensible of the weakness of this part of the cause, thepay of there has been an attempt made to say that the Company, by being^- 8 tne dilatoriness of the last payment, suffered an injury which no payment in lieu of interest afterwards could compensate ; cheyt n sing's because the troops suffered in the delay of their pay. This aHty! nc1 is fin argument not supported by the facts: but we shall show Cheyt Sing had actually paid the whole of his money unto the Kesident at Benares, before any of it was applied to the use of the detachment which is said to have suffered for the want of it. I own that is little to the purpose ; but it is only material for me because I think I can in this instance which is a good deal to undertake I think I can show that, in the parts immaterial as well as those which are material to the cause, no one fact has been stated by the defendant, in opposition to those stated by the accusation, that will not be found to be false, misrepresented, or at least very much discoloured. Recapituia- ^ Lords, I will recapitulate very shortly, from the last tion. period I brought your Lordships down before to the end of the year 1775 [1780?]. In the year 1778 Mr. Hastings exacted a payment of five lacs of rupees ; it was paid in October. He repeated the same requisition the next year ; which likewise was paid in October. In 1780 he received a present from Cheyt Sing's vakil of 20,0007. He made the same exaction upon Cheyt Sing the same year, and he received it. Subse- quent to that, he made a demand of cavalry, first of 2,000 men, afterwards of 1,000; in which he made no mention of intention of paying the money the Governor and Council had engaged to pay ; and Cheyt Sing made an offer of 500 cavalry and 500 match-lock men. That is the end of the business at the end of the year 1780. Now the business will take a new appearance. Mr. Hastings, in the year 1775 for it is impossible not to go back to antecedent dates, to keep a much more necessary order in your Lordships' mind I mean, a connection of reasoning rather than a connection of dates Mr. Hastings in 1775 had spoken like a prophet with respect to what Speech of Mr. Fox. 235 would happen to this miserable Eaja, Cheyt Sing; and his 22FEB.17S8. prophecy was well accomplished. He seems to have looked in his book of prophecy himself, and to have said " These are the inconveniences which I foretold must result to the Raja. They have not yet resulted to him, but now I am in power I will make the prophecy good. Everything I said that should happen to him of injustice, of oppression, shall happen to him ; for I will be an unjust oppressor rather than a false prophet. It is proposed to receive the payment Conse- ,. ii-i i Qucnces of of his rents at Jratna, because that is the nearest provincial receiving station, and because it would not frustrate the intention ren e s of rendering the Raja independent. If a Resident was ap- ^ r s idlnt a pointed to receive the money as it became due at Benares, &reseen by IT--T -ill n Mr - Hast- sucna Resident would unavoidably acquire an influence over ings, the Raja and over his country, which would in effect render him the master of both. This consequence might not per- haps be brought completely to pass without a struggle and many appeals to the Council ; which, in a government con- stituted like this, cannot fail to terminate against the Raja, and, by the construction to which his opposition to the Resi- dent would be liable, might eventually draw on him severe restrictions, and end in reducing him to the mean and de- praved state of a mere zamindar. The voluntary restraint laid by the government on its own actions," by which, it appears, Mr. Hastings thought that the government of 1775 was a restraint upon the actions of the Company, for it was a voluntary restraint "will afford the Raja the greatest confidence, and naturally inspire him with sentiments of fidelity and attachment, both from the principles of gratitude and self-interest. Without some such appearance, he will expect with every change of government additional demands to be made upon him" his expectations, my Lords, if he entertained such, were certainly not disappointed "and will of course descend to all the arts of intrigue and concealment practised by other dependent Rajas, which will keep him indigent and weak, and eventually prove hurtful to the Com- pany." If therefore he did practise all those arts of intrigue and concealment, they were not such crimes but what Mr. Hastings had foreseen to be the natural consequence of the situation in which he was to be put. Now, if a man is put in such a situation in which he will naturally be led to the commission of crimes, I don't say that therefore he ought to go wholly unpunished, but I think that the person who is of opinion that that situation will naturally lead to the 236 Opening of the First Charge Benares : 22 FEB. 1788. commission of those crimes -will at least consider his guilt with indulgence and partiality, and will consider such crimes as naturally arise from his situation to be crimes pardonable in human nature and not to be punished with the excess of severity. " By proper encouragement and protection he may prove a profitable dependent, an useful barrier, and even a powerful ally to the Company ; but he will be neither if the conditions of his connections with the Company are left to future variations." My Lords, these are the consequences which Mr. Hastings foresees of that material difference, of that eternal distinction, between the two propositions of his being to pay his tribute at Benares rather than at Patna, and of having a Resident in that country. If it was so mischievous to have a Resident in that country, one would think the first act of Mr. Hastings when in power would be to recall the person who was Resi- dent there ; not for the purpose of replacing him with one of his own, but for the purpose of correcting an establishment of which he foresaw all the evil consequences, as stated upon his minute. However, he was partial to his own prophecies, and when he came into a situation of power he undoubtedly did make them all good. New, unheard-of, demands were made ; new disputes arose between the Resident and Cheyt Sing. These were determined in favour of the Resident, and Cheyt Sing was reduced to the miserable condition and situation which Mr. Hastings so properly describes. I have now stated the transactions of 1778 to 1781 ; and I beg your Lordships to carry in your mind a recollection that the subsidy, or exaction call it what you will was paid in 1780 at the same time as it was paid in the ante- cedent years 1778 and 1779 ; therefore this could not be urged by Mr. Hastings as the immediate reason for his anger. But he states others, and, among the rest, this of the cavalry, which I am sure your Lordships will think ought to have been a circumstance to have appeased his anger, if he had conceived any, rather than a circumstance to excite any new resentment byMr'nas't- ^ r * Hastings, in prosecution of his plan of vengeance ings of ins against Cheyt Sing, which I have stated, set himself down to by levying a consider in what character, by what means, under what g. pretences and by what authority, he should execute the vengeance which he had conceived. One should have thought that it did not require the resources which that great man is said to possess such resources as your Lord- Speech of Mr. Fox. 237 ships will hear in the course of this trial it did not require 22 FEB. nss. the resources of tin extraordinary mind, to consider how one should execute vengeance upon a man who is stated to be in this predicament that Mr. Hastings' rights are everything, and his vassal, Cheyt Sing's, nothing. I should think, upon such an occasion, there did not require much difficulty [to determine] how he should execute his vengeance. But, whether from fancy or not I don't know, he seems to have had a choice about executing that vengeance ; and he seems to have determined that the mode in which he should execute vengeance upon Cheyt Sing should be by levying upon him an extraordinary sum of money ; and he whim- sically enough chose to call that sum of money a fine, as will appear to your Lordships, without having any precise idea of what a fine means. He states that Suja-ud-Dowla had levied a fine upon Cheyt Sing merely upon the death of his father. One would have thought by fine he had meant that species of rent taken in the shape of a fine, by those who have a right to exact it, upon those who hold lands upon the lives of persons. There is no such instance in that country ; and why it was introduced, unless to show the confusion of a man's mind, that he did not know a fine in the shape of a mulct from such a fine, I know not. But he says he will levy a fine as a punishment upon Cheyt Sing for his crimes. This is a case which your Lordships will be peculiarlv Mr - Hast -. , n . . -i . -i i L i i. i i i J injrs judicial fitted to judge, because you must lately have turned your acts directed minds and employed your thoughts on what is the duty of sireto gain that sacred august character. Mr. Hastings leaves the money '- character of general despot of Hindustan, in order to assume a character of a very different nature the character of a criminal judge, to try a culprit for a crime. Now we will see how Mr. Hastings behaved as a judge upon that occa- sion ; whether he followed those rules of criminal judicature practised in the most enlightened modern times, or whether he followed the example of the worst of judges that were ever detested of mankind. But he assumes the character of a judge. I will state to your Lordships what passed at the outset ; which will be sufficient to give you an idea of what was to be expected would be his subsequent conduct in it. The honourable Manager who opened this prosecution stated, that, in all Mr. Hastings' transactions in his negotiations, in his conduct, in his treaties, in his legislative character, in 238 Opening of the First Charge Benares : His plea of benefiting the Com- pany's ex- chequer by the fine. 22 FEB. 1788. his executive capacity, in his reasons for war, in his reasons for peace, in every part of his government there was some prevalent principle, namely, money that how to get money for the Company or himself was the prevalent principle in every transaction of Mr. Hastings' life. My honourable friend mentioned many, but omitted [to state] whether out of kindness to me, that I might have an opportunity of stating it more fully now, or from forgetfulness, I know not but certain it is, that money was the prevalent principle in his distribution of justice. He applies money as the principle not only of peace and of war, of negotiation and of legisla- tion, but he applies money as the principle of criminal jurisprudence, as the principle of criminal punishment ; and he considers the distresses of the Company and their want of money, at the moment he is erecting himself into the character of a judge and is meditating levying a fine. If I was now at the bar of this House, calling upon your Lordships for your judgment upon the prisoner if, at the close of this prosecution, I should be called upon so to do if your Lord- ships find the prisoner guilty if I should state that this country has been drained by an American war, has suffered by a variety of accidents if I was to state, not that Mr. Hastings is guilty, not that he has committed the crimes imputed to him, but that he is very opulent, worth a great deal of money ; that the finances of this country are in an exhausted state ; that there is not that surplus which was expected (I don't mean to say this is so I hope otherwise) ; that the exchequer is poor : take this opportunity, therefore, of converting the crimes of Mr. Hastings into an advantage to the exchequer, and be sure you find him guilty and fine him largely, it will be an improvement of the finances of Great Britain if I were thus to address your Lordships, you would send me away from your bar with the indigna- tion that would become so detestable an argument. Dis- graceful indeed is the sovereign who looks for his resources in the crimes of his subjects ; who does not consider their prosperity, their industry, as the means of his power and wealth, but looks at their crimes, their fines and mulcts, as a means of his resource. Disgraceful is the situation of the sovereign. But most lamentable indeed is the situation of the subject who comes to defend himself before a tribunal who own they are in want, and look at the fine he is to pay as a means of relieving their want, and a hope to supply their exhausted finances. If I was to press such an argu- Speech of Mr. Fox. 239 merit to your Lordships, you would send me away with every 22 FEB. i7*s. mark of contempt, of degradation, which such an argument would deserve ; and yet this is the very argument with which the prisoner set out upon his judicial office and his judicial character. He begins with saying " I thought the Raja guilty of great contumacy. I sent to examine into that business, and to improve the interests of the Company," upon a sub- sequent examination he says " by taking 500,000/. out of Cheyt Sing's pocket, and putting it in theirs." How? As a present ? As an extortion ? All this is bad enough. No ! but ten thousand times more detestable ; not upon the plea of necessity, of want, of absolute sovereignty, but upon the plea of criminal jurisdiction that he is guilty ; and I will make him pay that as a fine, as a punishment for his guilt. We all know the sole object of punishment should be example. Think of him who goes as a judge to punish, not for example, but for the purpose of finding resources for the Company for the punishing crimes as an improvement of the interest of the Company in their territories ! A judge who set out on his mission with such principles ^ Hast- v o j. HUTS lour- and professions was likely to act consonantly to them. This ney to judge, as he calls himself, goes to Benares. He had time, in his journey thither, to consider of all the sacred duties that belong to that sacred office. I don't believe he spent much time in the discussions which have lately employed your Lordships, and which have employed us at the bar. He did not consider who were the prosecutors : he did not con- sider who was the defendant : he did not consider in what manner the defendant was to manage his defence : he did not consider that it was necessary that he should hear all the charges against him before he spoke a word in his favour, before he made his defence. I don't believe he considered any one of these circumstances with that minuteness which your Lordships have thought it necessary to consider them. The complaint of Cheyt Sing was, not that his accusers ? Ir - Hast- P i . , i ings acting were not persons or authority, not that they were persons, as accuser, as has been said, of ability, but that his accuser was no judge other than his judge ; that his accuser and his judge was no ^^ f other than the absolute despot who had power over him and over everything in India. Such an accuser and a judge, who must feel all the difficulties of these two characters not very desirably connected with each other which were forced to be so connected this accuser and judge, one would 240 Opening of the First Charge Benares : 22 FEai788. have thought, would at least have affected all the delicacy requisite upon such an occasion, and would have said " I will take care, in the office of a judge, to pay no particular respect to the accusation coming from myself, and to examine the accusation more hard than I would any other accusation that might come before me." He sends to Cheyt Sing : he states his crimes. Does he call upon him for his defence ? Does he hear witnesses against him ? No ! there was but one witness against him. I suppose, at least, as the whole cause depended upon one witness, that it was a witness perfectly impartial that it was a witness who could not be suspected of any interest in the cause. Who is that witness ? He that was the accuser and the judge was the witness. He that was the accuser and the judge and the witness was also the Governor General, who professed he had the finances of the Company in idea at the very moment of the trial and judgment of the criminal ! We are used here to modes of trial perfectly mild and perfectly regular. Does it not suggest to your Lordships some considerations of the peculiar situation in which we now stand here, when we find that a judge, having acted in that way in which" I state who was accuser, witness, judge, party, and who was to profit by the consequences of the conviction ; who was to profit by the fine when he judged in this way, without hearing a defence, without giving Cheyt Sing the means of defending himself, or giving an opportunity for anything to be said in exculpation we cannot but feel just admiration of the laws of England, and we cannot help admiring his modesty when he comes to your bar and talks by his Counsel of the extended privileges to be granted to a man in such a situation ; that he is not to open his defence till he has heard every accusation against him? When we contrast the laws, we must say that oppres- sors in India have every chance of escaping. After you use every mode of oppression in that country, you are to be tried here upon a mode, a system, of refinement in mildness upon the judicial practice in any country whatsoever. Coldness of With these dispositions that I have stated with this idea of s chy? tlon of the judicial character he goes up to Benares. Cheyt Smg. Sing comes to meet him. He receives him with great cold- ness may be, with a coldness that might become him ; a coldness that certainly befitted a person who was about to judge an accused man ; for I am not one of those who think that it would much become those who are to sit Speech of Mr. Fox. 241 in judgment upon any man to express sentiments before- 22 FEB. 1788. hand which seem to imply any partiality in his favour. But he received him with a proper and I suppose impartial cold- ness. He then writes a letter, and received an answer to that His letter of letter. I shall not trouble your Lordships with reading the cheytsing. letter he wrote : it will be in evidence, and your Lordships will judge upon it. But I will make one remark upon it beforehand, in which if I arn wrong, it will be observed in the course of the evidence. The letter he writes to Cheyt Sing is full of reproaches is full of charges of blame but there is not anything which can come under the description of requisition in it. He does not say " You have offended in this particular ; atone for your offence by submission ; atone for your offence by paying a specific sum or by any particular means." I know the reason Avhy it was so written. It was because the Governor General had had such repeated proofs of the exhaustless patience of Cheyt Sing that he thought he could not put upon paper any de- mand, however tyrannical or oppressive, that Cheyt Sing would not comply with ; and thereby he would be prevented of his intention, namely, the destruction of Cheyt Sing. To Willingness believe that that was so, no small argument will arise from a sing\ C o re- circumstance that will come out in proof that there is offences hy a reason to believe that Cheyt Sing was willing to pay no less a sum than twenty lacs of rupees for what is called his offences. Now, your Lordships will consider a little the offences and the punishment. Cheyt Sing had been called upon for 50,OOOZ. three years following: he had paid them within a short time of the time when they were required to be paid ; but he had been dilatory in payment had been evasive perhaps. Be it so : but he was willing to give no less a sum than 200,000/. as an atonement for that crime. Need I say more ? If I hear that a person who has committed the offence of being dilatory in the payment of 150,0007., by a few weeks and a few days, is willing to atone for that offence by the payment of 200,OOOZ. at once, I must say that, knowing such a disposition in such a person, I must reason thus that there is nothing that I can state to him, as a proper atonement for his crime, which he would not accede to with readiness and with patience ; by which means I shall be deluded and defrauded. Defrauded of what? defrauded of my revenge. I shall not have an opportunity of making an example of him. I shall not have an opportunity to Q 242 Opening of the First Charge Benares: $ FEB.1738. show that an offence to me personally is an offence to be punished with banishment from his kingdom is an offence sufficient to turn, a sovereign prince into a wanderer. Cheyt Sing seems to be a man of such patience such submission such determined acquiescence in any demand that he did not propose any [abatement ?] whatever, for fear it should have been complied with. Cheyt Sing's Now, having stated the subject of his letter, which I answer to i i . i IT-, .. / . j i the letter, would certainly read if it was not for wasting your Lordships time, I shall beg that the answer of Cheyt Sing to that letter may be read ; because I think it will be material that that should be impressed upon your Lordships' mind at the moment that I make the observations which I shall make subsequent to it, [Mr. Grey read the letter, which is as folloirs : ] " I received your letter*, delivered to me by Mr. Markham ; and I have understood every particular of its contents. Sir, after the arrival of Shaich Ali Nuchy, I observed all the orders which you sent me ; and I received the letter which the deceased Shaich brought me, informing me that every suspicion was now completely removed from your mind, and that I must consider you, as formerly, attentive to me. But I have not experienced from you the same generosities as formerly. I sent you repeatedly letters, representing to your consideration my unhappy circum- stances ; but you never honoured me with any reply. For this reason I sent my buksheef Suddanund to your presence, enjoining him to represent to you the firmness of my obedience and attachment ; to lay before you the particulars of my situation ; and to learn the disposition of your mind towards me. He arrived accordingly in your presence and represented everything in a proper manner. 1 have never deviated in the smallest degree from these professions ; and the benefits and civilities with which you have honoured me have given me the greatest satis- faction ; and I have considered you as the source from which I derived the fulfilment of all my wishes and desires. It is my firm hope that I may be always favoured with your directions. In this manner I complied with the utmost readiness with the order you sent me for the payment of five lacs of rupees, on account of the expenses of the war. I sent first one lac of rupees, with an answer to your letter; afterwards, having paid to Mr. Fowke the sum of one lac and seventy thousand rupees, I sent a letter requesting a further allowance of time to enable me to make some preparations. To this I received no reply it being no time for delay. Notwithstanding this, I was not a moment inattentive to this concern ; and, as soon as my bukshee arrived, I paid immediately the remaining part of the sum. The remitting of this to the army did not depend oh me : if any delay happened on this head I could not help it. If, besides the payment of the money, the remittance of it also to the army had * The letter referred to, together -with that printed above, occur in Hastings' " Narrative of the Insurrection," &c., page 15. f A paymaster. Speech of Mr. Fox. 243 rested with me, a delay of this kind should not have happened. I have 22 FEB. 1788. enclosed in this letter a paper, specifying the particular sums which have been advanced, with their dates. " With respect to the horse, you desired me in your letter to inform you of what number I could afford to station with you ; and I sent you a particular account of all that were in my service, amounting to one thousand three hundred horse, of which several were stationed at distant places ; but I received no answer to this. Mr. Markham deli- vered me an order to prepare a thousand horse. In compliance with your wishes I collected 500 ; and, as a substitute for the remainder, 500 burkundasses,* of which I sent you information, and I told Mr. Mark- ham they were ready to go to whatever place they should be sent. No answer, however, came from you on this head, and I remained astonished at the cause of it. Repeatedly I asked Mr. Markham about an answer to my letter about the horse ; but he told me he did not know the reasons for no answer having been sent. I remained astonished. With respect to the sepoys, I received first an order to station two of my companies ; which I did. I was then desired to give a tunkawf for the payment of the sepoys, and likewise to pay the captain ; which has been done every month. " Excepting Abdullah Beg and his attendants, none of my people, either dependents or servants, or others in any shape connected with me, have ever gone to Calcutta. My enemies, with a view to my ruin, have made false representations to you. Now that, happily for me, you have yourself arrived at this place, you will be able to ascertain all the circum- stances relative to the horse, to my people going to Calcutta, and the dates of the receipts of the particular sums above mentioned. You will then know whether I have amused you with a false representation, or made a just report to you. I have given my aumilsj most particular injunctions, and have taken a penalty bond from them, that they shall keep no thieves in their district. What power have they to act otherwise ? But if ever a murder or a robbery is committed in the country, I have been careful to impale or otherwise punish the culprit. If a person having committed a delinquency should escape to some other place, so as to elude all discovery, I am in that case helpless ; but to the utmost of my power I endeavour to fulfil your orders. " I have never swerved in the smallest degree from my duty to you. It remains with you to decide on all these matters. I am in every case your slave. What is just I have represented to you. " May your prosperity increase !" [A/r. -Fox continues : J Your Lordships, who I dare say have listened with atten- Reflections tion to this letter, will observe that it is what a letter ought niis to be in answer to such a letter as I have described, namely, a letter which consisted of reproaches and imputation, without desiring any specific answer to it by way of offering an atonement or any other. Above all, your Lord- ships will observe upon the style and manner of this letter; * Men armed with matchlocks, and employed as police officers, f Tankhwah an order or draft for money ; an assignment on the revenue of a particular locality. Wilson's Glossary of Indian Terms. \ Superintendent of a district. Q 2 2-1:4 Opening of the First Charge Benares : 22 FEB.1788. and 1 have no doubt but your Lordships, who feel those generous sentiments which belong to the high nobility in this country, will feel for the degraded state of a man of ancient family and high rank in that country, who could be obliged to write a letter in such a style, so abject and sub- missive that it almost takes away from the compassion one should have for him. There appears such a degree of humi- liation as to European ears is hardly possible to be endured. When your Lordships consider that this was a man who paid 240,000/. a year to government when you consider that he had of course a proportionable rent reserved to himself when you consider him a man of ancient family and high rank in this country, though he was a subject for a subject, a vassal, they contend he is, and which I admit him to be ; but such a vassal as paid 240, GOO/, a year clear rent is no common and mean subject I say the high .blood of your Lordships and your Lordships' liberiil sentiments must feel a kind of disgust to think that a person so distinguished by rank, by opulence, and distinguished by everything that gives consequence, could be induced to write to a subject of the King of Great Britain in a style rather becoming that of a slave to his master than of a freeman even to the real Sovereign of this country; that he could be induced to write such a letter as your Lordships would be ashamed to read, and much more would the person of the Sovereign be ashamed to receive, on account of its abjectness and sub- mission, from a subject of this country. Now, your Lordships will see Mr. Hastings' behaviour. You will keep the subject of the letter in your minds, and, above all, keep the words of it in your minds. I will repeat the last words of it : " I have never swerved in the smallest degree from my duty to you. It remains with you to decide on all these matters. I am in every case your slave. What is just I have represented to you. May your pros- perity increase !" Mr. Hast- Mr. Hastings, giving a narrative of his proceedings to his ints' oliscr- ,, n^i -11 i vationson superiors, says " Inis answer you will perceive to be not the answer. on i v unsatisfactory in substance" how, unsatisfactory in substance ? to reproaches what could be replied but vindi- cation ? " this answer you will perceive to be not only unsatisfactory in substance, but offensive in style" yes, offensive for its meaness, offensive for its abjectne^.s, offen- sive for its submission, one would hope the prisoner must have meant. I wish he could have meant so : the subse- Speech of Mr. Fox. 245 quent words prove he meant it in another sense " and 22 FEB.17S8. less a vindication of himself than a recrimination on me." The letter which you have heard from this poor abject man, in these miserable and compassionate circumstances, is stated not to be a letter in vindication of himself, but recrimination of Mr. Hastings " It expresses no concern for the causes of complaint contained in my letter nor desire to atone for them, nor the smallest intention to pursue a different line of conduct. An answer" I beg your Lordships to attend to Mr. Hastings' description of this letter usst P ate"- have stated the several demands of five lacs of rupees in mcnts - 1778, in 1779, and in 1780; I have stated the demand of the cavalry, and the answer to it ; I have stated the imprison- ment of Cheyt Sing ; I have stated the circumstances which preceded that imprisonment ; and I have marked out which I hope your Lordships will keep in your minds the two points which seem to have been the real causes which pro- duced Mr. Hastings' actions upon the moment ; that is, that where he professes to have lost all patience was the offering him the five hundred matchlock men instead of five hundred cavalry ; that it was which made him take the determination of going down to Benares to punish the Raja for his con- tumacy ; [and] that, when he had taken that determination, the terms in which the Raja's letter was couched prompted him to the execution of these violent acts. 1 have stated also that he did all this which I consider as a very high aggravation in the quality of a judge. 254 Opening of the First Charge Benares : & YKB.IISS. I ought to have stated (I omitted it in its place) what Mr. Hast- I shall not much insist upon ; because I am perfectly clear Ration of his that I am right in the argument : I consider it as merely an GoverfiOTto aggravation upon this subject, however, if it had existed Mr.wheeicr. alone and of itself, it might have been a crime worthy the attention of your Lordships that, when Mr. Hastings went up to Benares, he went not as Governor General, in any known quality in which he could go ; but he had an illegal delegation of all the powers of the supreme government to himself in person. He at the same time redelegated them, as it were, to Mr. "Wheler, who remained at Calcutta. I am sure, to your Lordships who have the advantage of great legal knowledge, many of yon, to your Lordships who have the assistance of great legal knowledge, it is unneces- sary for me to waste time to prove that, when an act of Parliament has prescribed that there shall be a Supreme Council at Calcutta, there is no power in the act to establish two distinct Governors General and Councils, but one ; and that that one may delegate to its servants such power as is proper for delegation, but it cannot delegate the whole power to another, to act the same as if it were there in person. The reason why I do not dilate upon this is because, mixed with the other business I have stated upon this Article, I consider it only as an aggravation to the other parts, which, great as the crime is of disobeying the oi'ders of the act of Parliament, great as the crime is of perverting and evading alLthe provisions of the act by creating a power unknown to the laws of this country, is a subordinate crime to those he committed in consequence of that dele- gation. I consider it as an aggravation rather than a sub- stantive part of this charge, and therefore I shall not much dilate upon it. other mat- Your Lordships are aware that, from the time of the expul- irTthe pfe- d sion of Cheyt Sing, there is far from being an end of this sent charge. Article, but that there are various other matters alleged in it. I shall say shortly in a few words that my opinion is that, in all those subsequent articles, in everything that related to the capture of Bidjey Gur in everything that relates to the subsequent imprisonment of Durgbejey Sing in everything that relates to Mr. Hastings' removal of Jagger Deo Sing everything happened which might naturally have been expected, and that wicked beginnings had proportion ably, as I hope always will happen, cala- mitous ends. Speech of Mr. Fox. 255 One of the honourable Managers with whom I have the 32FEB.1788.. honour to act will, upon a future occasion, state that part of TO be""' the charge to your Lordships, and will aggravate it in a an^her&a- manner that will impress the minds of your Lordships more na s cr - than anything I can say upon the subject. But, before I finish, I must beg leave to state a very few Repetition words for the consideration of your Lordships. I have proved to your Lordships that, by an agreement with Cheyt Sing, Mr. Hastings had no right to exact the five lacs of rupees, but that- those five lacs of rupees were exacted in defiance of that treaty. I state that to be a crime in Mr. Hastings. But I state a subsequent part to be a still greater crime ; that, when he received them in consequence of his exaction, instead of bearing a favour, a partiality, as he ought, instead of feeling indulgent sentiments to the man who had complied with the requisitions of the Company I think illegal requi- sitions, but certainly doubtful and disputable in point of law in the Company instead of treating him with indulgence, instead of treating him as a meritorious subject, who had cheerfully complied with the demand of the Company in a case where the right was doubtful he turned over and over in his mind how he should bring him to future resistance and consequently to future punishment ; that he took for the means of his oppression the sacred garment of a judge, which aggravates everything he did under that robe and under that character ; that he chose, instead of stating it to be a mere extortion, to state it to be the punishment for a crime ; and, as he is a more sacred character that decides upon criminals than he who decides between man and man, he took therefore the sacred character of a judge in the most responsible part of judgment he proceeded to judge with that abominable principle that he was to look for the resources of the India Company in the crimes of an in- dividual a principle which, the 'moment it pervaded the mind of the judge, was the cause of a punishment extortion- ate and unjust ; that, when he went to Benares, though everything he saw there Cheyt Sing's address in person, and his letter to him were all calculated to soften, atone, appease and conciliate, he perversely considers them as other- wise ; and that everything that was calculated to appease and conciliate he states, in the face of reason and the feeling of mankind, to be couched in terms of defiance. All this proves that he did accomplish that which he had designed ; that he imprisoned him when there was no colour 256 Opening of the First Charge Benares : 22 FEB. ires, for it; that he exacted this arbitrary fine when there was no ground for it ; that he was guilty I speak the words of others, not my own* of grinding oppression, tyranny and injustice ; that he was guilty of a confusion of the proper proportion between crime and punishment : and if there be one office of a judge more sacred than another, after to do justice, to acquit the innocent and condemn the guilty, it is to proportion the punishment to the crime. For he who annexes great punishments to small crimes, and light punish- ments to heavy and grave offences, differs little from him who condemns the innocent and acquits the guilty. If half a million is exacted as a punishment for so light a crime as delay of payment of a small sum, it is little better than if the innocent be found guilty ; because he who is nearly innocent has a punishment fit only for those that are essentially guilty. On the other hand, if he who is greatly criminal is lightly punished, the object of punishment, which is to prevent the commission of crimes, is lost. Every judge therefore who is guilty of an inattention to the due proportion between crimes and punishments forgets the main part and principle of his duty. If he does it in favour of the criminal and not against him it is something more excusable. But the prisoner at^your Lordships' bar has affixed crimes upon Cheyt Sing which never had any existence. And here I beg to recal to your Lordships 5 mind the state and situation of that man at one view. condition f ^ your Lordships could have a communication with this Cheyt sing, unhappy man if you could inquire into his eventful history and he could relate it to you what an effect it would have upon your Lordships' minds ! Ask him who he was and what he was. He would say " I was the llaja Cheyt Sing. I was in my own opinion an independent Prince, in the opinion of the Company a vassal of theirs but a great vassal of theirs, who paid them two hundred and forty thousand pounds annual tribute. I had given me the exercise of criminal jurisdiction in the country ; I had given me the coinage of money ; I had all the symbols and appur- tenances of sovereignty, and I thought to have had a free and uncontrolled sovereignty in my own dominions, subject to obedience and tribute to the Company. That was my situation : what am I now ? An exile upon the earth, sup- ported by the charity of those who were formerly envious * Again referring to Mr. Pitt's speech. Speech of Mr. Fox. 257 of my power; without home, without property, without any- 22 FEB. 1788. thing but my existence left to me, after having been at least, if not an independent Prince, the first of the British subjects in India." " How has this happened to you?" He would say he knows not ; but that it happened by the arbitrary conduct of the English in that country. You would say " Don't imagine these things were done unjustly to you." He would tell you " I thought I was to pay no more than was stipulated in the agreement I had signed." He w r ould be answered " No wonder you thought so, and it would have been so. You would have been an independent Prince, inde- pendent of the sovereignty of the Company; you would have been at this moment reigning at Benares, distributing criminal justice and coining money ; you would have been at this moment in the receipt of such a revenue as would enable you to give two hundred and forty thousand pounds annual tribute to the Company all this would have been so ; you would have been in the free exercise of independent and uncontrolled authority in your province or zamindary, whatever it is to be called ; all this would be so, but it is now just you should have none of it." " "Why ? " " Because Effects of you did not observe in your agreement that the tribute you tribute at e were to pay was to be paid at Benares and not at Patna. Benares - You would have had the command of your country and the enjoyment of your revenue ; you would have been in the most illustrious and opulent situation of any subject in all the provinces belonging to the British government in that country ; but when it was stipulated that your tribute was to be paid at Benares, from that instant you were in the situation of a depraved, degraded, zamindar. Like one you are treated ; you are annihilated, exterminated. But you have no right to complain. All this you ought to have known would have been the consequence of paying your tribute at Benares." He would have said " Good God ! what a fine thing is English law nnd the construction of English law ! What a pity that I had not an English lawyer, who would have told me that my existence as a Prince did not depend upon words, easy and intelligible, but that I should have understood that, if the place of my payment was at Benares, the whole agreement was null and void ; that I was a slave and they my masters ; and that I had no rights or any ground to stand upon in any dispute they might have K 258 Opening of the First Charge Benares : 22 FEB. 1788. against me." He would have lamented he had not learned earlier this distinction, which was made for his utter ruin. If you were to talk with him further upon the subject he would say " Still this is hard; for, whether I had aright to be exempt from the payment of the five lacs of rupees or not, I paid it, and therefore upon that score no crime can be laid to my charge. Therefore, whatever you tell me of this distinction of Patna and Benares however unfortunate it was that my tribute was paid at Benares however my agreements were null and void however I was a mere zamindar and you were omnipotent it is hard I should be in this situation ; since whatever you asked I gave, whatever you stated me to owe I paid." Delay in The English gentleman conversing with him has been exactions, better taught ; he would say i( Sir, these things appear so to you, but you are mistaken. It is true you did all these things, and you are not expelled for not doing them ; but you are now expelled, not as a measure of government, not for any purpose of the India Company to take the whole of that revenue to themselves that would be a wicked design in them but you are now suffering this as the effect of a judicial proceeding, as a fine for your misconduct/' " My misconduct !" " Why, how can you be such an hypocrite as to attempt to conceal it ? Don't you know that, when five lacs were asked of you in 1778, you pretended it was with great difficulty you could pay it, and you kept back in 1778 50,000/. from the Company for near three weeks ; in the year 1779 you kept it back something more than two months, may be; and in the year 1780 you kept it back as much ? Do you imagine that keeping back from the Com- pany 150,0007., taking the whole together, for three months, is not a crime for which you are justly expelled your zamin- dary, for which you are justly converted from something like a sovereign, from one with stipulations in his favour, to one who has no rights at all, and is an outlaw, an exile, and wan- derer upon the face of the earth?" I think he, and those in similar situations in India, would receive little consolation by being informed that all this was done, not to secure to the India Company the revenues of that country, but that it was done as a judicial proceeding, as a punishment for that crime. "Well, but an insur- rection happened. I was frightened, terrified, driven away. What was it for?" "Why, you had to pay five hundred Speech of Mr. Fox. 259 thousand pounds." " For what?" " For the crimes which 22FEB.178S. I have specified and enumerated ; that is to say, you have delayed paying 50,0007. for two months, and you have offered, in a wicked, audacious, manner, so as to make the Governor General lose all patience, five hundred matchlock men instead of five hundred cavalry a crime which justly merits a fine of five hundred thousand pounds ; and if it was not complied with, you justly merit what you have suffered." Would not the inhabitants of that country gay " If this is British justice, let us have Tartarian barbarity, rapine and oppression ; for the oppressions of the Tartars, invasions of the Mohammedans, the cruelties of all the tyrants in this country, are not so terrible, are not so intolerable, as British justice in the forms in which you state it." It was said by a great man, that "the finger of the law [King] would be heavier upon them [than the loins of the law]." ' It is stated that he said it in another way. I am sure in this case he might say, that the finger of the justice of England, in a judicial punishment for the slightest offence that could be stated to be committed, was an heavier oppression upon him than the direct avowed oppressions, under the name of oppres- sion, of all the Tartar conquerors, of all the Mohammedan invaders and plunderers, that ever ravaged that unfortunate country. Let me put this to your Lordships' consideration. You ^^^{j* fo are the first court of English iustice in this kingdom : it the cnarac- i /> -i i ,1 c ,1 terofEng- concerns you more nearly, if possible, than the rest of the ii s h justice subjects of this country. Will you suffer this sample of mlndia ' British justice to be exhibited in India and to have the sanction of your approbation ? We are come to a period in which it is in vain to dissemble ; we must own the con- sequences of our decision. There was a period, I admit it, when the affairs of India were so little known in this country, when in the labyrinth of long and tedious volumes the whole was so confused and obscured, that even those who were willing to know found it a task too arduous for moderate and common industry when those who were willing, acting from their feelings rather than their knowledge when those who were willing rather to express their gratitude to those who had provided for their relations could at least * The second Article of impeachment against the Earl of Strafford charged him with having, at the York assizes, in the eighth year of Charles I., used the following expression, viz., " That some of the justices were all for law, and nothing would please them hut law ; but that they should find that the King's little finger should be heavier than the loins of the law." R 2 260 Opening of the First Charge Benares : 22 FEai-s?. plead ignorance to their own conscience and lull the feel- ings which must arise upon their minds from the eventful history of that country, shutting their ears to anything that came from it, except what came in an agreeable and acceptable shape. Such was the case respecting that coun- try, till the indefatigable zeal and industry of one man or, to express myself more properly, the three distinguishable characters of the English nation incorruptible virtue, sub- lime genius, and warm enthusiasm (without which, virtue and genius are insufficient and almost useless qualities to man- kind) these great qualities combined in one individual have torn the veil of ignorance from the eyes of the public. We can no longer pretend not to know what the virtue, the diligence, the zeal, the enthusiasm, and what the genius of that man have brought before the public, whether we would see it or not; what he has forced upon them in spite of discouragement ; what he has forced upon them, with an ardour and zeal that rarely accompany the pursuit of men in any case where there is no personal object to be obtained. He has done this ; he has done it greatly and nobly ; and his name, if this country regains its fame in India, will go down to posterity as having done the greatest service to this country thnt ever was done by any man in it. That is with respect to him. With respect to us, to your Lordships, to the public, one consequence has happened you can no longer plead ignorance. You hear the maxims, you hear the prin- ciples, you hear the system upon which British government has been exercised in India. You hear the ideas upon which British juridical and British criminal justice has been distri- buted in India. Your Lordships cannot pretend not to know. You must now, therefore, come to this alternative you must be the avengers of or the accomplices in the deeds of Mr. Hastings. You have no other alternative but to punish Mr. Hastings ; not with such a punishment as he inflicted upon Cheyt Sing, with a punishment disproportionate to his crimes, but apportioned to them if such power be within the reach of your Lordships or, you must declare at once in his favour, and render yourselves accomplices in his guilt by giving your sanction to that iniquitous perversion of justice I have stated. Conse- All judicial punishments are for example, and so are all nuencesof . ,. . , J . *. Tr . T .. . . ' ,, TT . the acquittal judicial acquittals. It your Lordships acquit Mr. Hastings fn!rsj r ' Hl >l " upon this charge you will send this out to India that your idea of the proportion of crimes and punishments is this : that Speech of Mr. Fox. 261 a short delay in the payment of 50,0007., that an offer of 22FEB.1788. five hundred matchlock men instead of five hundred cavalry, shall be punished with a fine of five hundred thousand pounds, with degradation from dignity, imprisonment of person and expulsion from territory. You must be the ac- complices, if you will not take the other glorious character to be the avengers, of those crimes which 1 have stated to your Lordships. If it be asked if that pitiful, miserable, illiberal and con- temptible, argument, which I cannot find epithets enough to degrade, and to point out the scorn which I feel upon the subject, should be stated to your Lordships that we are not the wronged, the oppressed I say, though we are not the oppressed, yet we are the wronged ; the British nation is the wronged. Am I to flatter ourselves and the British nation, to Degradation tell you that we bear a good character in Europe with respect country in to our transactions in India ? If I did I should indeed most grossly flatter. There was a period when Spain was infamous, as it were, all over Europe with respect to her con- duct to her colonies. Why ? Because she did not punish the individuals who were guilty, and thereby let it remain a stain and a reproach upon the national character. We stand at issue now before the great tribunal of Europe and of the world. These are the crimes, I contend, of an individual ; but, if you acquit him, they are the crimes of the nation. They stamp the national character in that country, and an Englishman can hold up his head no more with any professions of humanity, of justice, of liberty, or any of those darling virtues which we have been fond to appropriate to ourselves exclusively, in contradistinction from the rest of the world. If there be anything worse than the commission of those crimes I trust there cannot be it must be a tribunal that can sanctify them. For, even in the worst of crimes, there is something imputable to the depravity of a single individual. What is done from passion is more easily to be excused ; what is done from determined malignity, bad as it is, you still see the source of it in the human heart, because something of malignity is undoubtedly a quality inherent in a great part of mankind ; but, upon cool deliberate reason and examination, to sanctify injustice, to uphold tyranny, and to declare British justice to be far worse than any oppression in any country, is fixing an indelible stain upon the character of your Lordships and on the British legislation. They might say, " These men 262 Opening of the First Charge Benares : 2i FBB.1788. talk of their own character ; they talk of the constitution of their country, of the mildness of their laws, of the fair chance that every innocent man has upon his trial, and the certainty of conviction of every man who is guilty; but, when facts are laid before them, when crimes are presented to them, they have laid down as a principle, destructive to the character of the English name, destructive of the liberty of every man under the English government in this great empire, that crimes and punishments ought to have no pro- portion to each other." The purity I say, to sanctify such crimes is, if possible, worse than to concerned rt commit them. I speak not in any fear that such things will in the fesu 1 * be done. I know this court. I see the publicity of it. I of the trial. t ,, , . T i i i *> know that the eyes of this country, I believe the eyes of all Europe, are at this moment upon your proceedings ; and therefore, if I had not that high idea of your Lordships which I profess to have, I will venture to say there is no tribunal in Europe which could dare to acquit this man this day, if the facts I state are proved against him ; for no tribunal could sanctify injustice of the quality and nature I have described. There is no tribunal which could dare to teach this lesson to all the world : " We have heard these facts ; we admit they are proved ; but we say, what is justice in Europe is not justice in Asia. There, whatever the crimes may be, the punishment may be apportioned as the person pleases ; espe- cially, if that person thinks resources may be drawn from the crimes of individuals, he may justifiably act upon that principle." Touching upon that, I touch upon another string fatal to the reputation of this country. What made the character of the Spaniards more odious, was an idea prevailing that the gold and silver imported into Europe from those provinces they oppressed reconciled them to the oppressions there practised, and the disgrace that followed that oppres- sion. Take care, my Lords, that this country comes under no such imputation. It is true the India Company come under it, and justly ; but if we sanctify, applaud, acquit, these crimes in Great Britain, the world may believe that we are favourable to the crimes, because individuals in the country, and possibly the public itself, may have in some instances derived pecuniary profit from the result of those crimes. We shall then be the very thing with which I charge Mr. Hast- ings that odious character of a judge who looks at the con- viction of a prisoner as an advantage to himself or an advan- tage to his country ; as a sovereign who looks upon the crimes Speech of Mr. Fox, 263 of his subjects, not with horror, but as a resource to his 22FBB.i78. exchequer. There is horrid injustice, tyrannical oppression, injustice aggravated by being committed under the specious appearance of a punishment for an offence. There is oppres- sion under every aggravation, being a legal oppression under the name of criminal jurisdiction and that you look for resources for your country in convicting a person whom you ought to judge impartially. I do not say that there are not other crimes in this great impeachment which may be equal to this ; but, while my mind is full of this, I cannot see what crime could be fitter produced to show the intolerable guilt of the prisoner showing the consequences of it by finally ending in the expulsion of the Raja. And, lastly, if you do not find him guilty, and if you do not give a severe punishment (for none else could be pronounced), your Lordships are as guilty as he ; and, fearful of becoming the avengers, you become the companions in his crimes, and hold forth a prin- ciple to the world incompatible with the honour of the British nation. I leave this with your Lordships, with firm and full confi- Conclusion, dence that it is impossible that you should acquit, and that, when found guilty, the delinquent should not be severely punished ; but, with this desire and protest in favour of the Commons of England, that they have shown, by their im- peachment of this day and by the instructions they have given me which I have endeavoured to make known in the speech I have made to your Lordships that they abhor all injustice ; but, of all other, that injustice which clothes itself in the name of criminal jurisdiction is most odious and abominable ; that extortions for money are in all respects blameable, but infinitely more so when extorted under the name of a mulct and a fine. They have proved that these are the crimes, not of the English nation they are not the national character they are the crimes of an individual Englishman, whom they wish to punish. But it is for your Lordships to follow their bright example, to do that which will wipe out the stain upon the English character, and will let us lift up our heads in the presence of Europe, and declare proudly to the world in general we have India in our possession, we govern that country upon principles of liberty and justice ; and, if crimes have been committed there that throw an odium upon the British name in that country, know all the world these are 264 Opening of the First Charge Benares : 22 FEB. 1788. not the crimes of Great Britain but the crimes of Warren Hastings. We have fixed them upon the individual, and exculpated the nation from the blackest stain ever endea- voured to be thrown upon this country. If I have gone more at length than I should have done it has been from the mode of proceeding which your Lord- ships have directed us to adopt. I thought it my duty to state fully and at large most of what I conceive applicable to the subject. Much I have omitted. There is much gleaning for any one who would do me the honour to come after ; but much I have stated to your Lordships to prove that this is an important Article upon which you should fintl the prisoner guilty. Precision iu One word more I have heard that a general idea has of impeach- gone forth of a want of certainty and precision in some of these Articles. I think there is no such want : I think they are drawn in the best way they could be. But, if it is any convenience to your Lordships, I have no difficulty to state that I conceive in this Article there are two distinct crimes and more than two, as crimes, I do not charge upon Mr. Hastings I mean, first the exaction of the five lacs of rupees, and afterwards proceeding up to Benares and at- tempting to exact five hundred thousand pounds, and the consequent imprisonment and expulsion of Cheyt Sing ; which I consider as another. Speech of Mr. Grey. 265 SPEECH OF CHARLES GREY, ESQ., MANAGER FOR THE HOUSE OF COMMONS, IN CONTINUATION OF THE OPENING OF THE FIRST ARTICLE OF CHARGE, RELATING TO BENARES ; 25 FEBRUARY, 1788. MY LORDS, I am appointed by the gentlemen who have the conduct of this prosecution to follow the honourable Manager who had last the honour of addressing your Lord- ships, in support of the first Article of charge exhibited by the Commons against Warren Hastings. Inferior, my Lords, as I feel myself, to the discharge of so important a duty, I must solicit from your Lordships that candour and indulgence from which I know I may expect every proper consideration. If to this there could be added any more powerful assurance, to support and encourage me on so trying an occasion, it would be my confidence in the goodness of the cause of which I am appointed to stand forth the zealous, though weak and unworthy, advocate. My Lords, the parts of this charge that are more imme- Parts of the diately assigned me are those which relate to the acts com- slgn'edkfthe mitted after the expulsion of Raja Cheyt Sing ; namely, the Mana er - plunder of Bidjey Gur, and the subsequent changes made by Mr. Hastings in the government of the province of Benares. I hope, however, that it will not be thought a transgression beyond the limits of my duty, if I call the attention of your Lordships to some observations with which I shall think it necessary to trouble you on the preceding parts of this charge, rather with a view to recal to the recollection, and by that means to fix more strongly in the memory, of your Lordships what has already been urged by my honourable friend, than with any hope which would indeed be pre- sumptuous that by anything I can say I shall be able to add to the force of what has been so fully and irresistibly detailed by him. There is one point to which I more particularly wish to piicyt sing's call the attention of your Lordships, because the prisoner ^'fto the* himself declared that it embraces the whole merits of the case I mean the question of right. It is upon this he has 266 Opening of the First Charge Benares: - 5 FEB^i788. declared his guilt or innocence ultimately to depend. My Lords, lam willing to join issue with him upon this ground, and to meet him upon the principles which he himself asserts. He says in his Narrative : " If Rajah Cheit Sing possessed the zemeedary of Banaris in his own right, and with an inherent and exclusive authority ; if he owed no allegiance to the Company, nor obedience, beyond the payment of a stipulated tribute; I am liable to condemnation for exacting other duties from him, and for all the consequences of that exaction; and he is guiltless." * I here join issue with him, and I undertake to prove that the Raja owed no allegiance to the Company, nor obedience, beyond a stipulated tribute ; meaning by obedience a com- pliance with any exaction which the superior government might think proper to impose ; and that Mr. Hastings there- fore is liable to condemnation for exacting other duties from him, and for all the consequences of that exaction. Not derived To prove this, I shall not think it necessary to trouble hfcfprede? 1 your Lordships with any discussion of the rights and tenure Butoa'nt f Bulwant Sing ; whether he was amil,f or whether he was Sin *- zamindar ; whether he had been a profitable or a dangerous ally to the Company. These are points which I think little material; certainly they are not essential to the establish- ment of this charge. Such discussions, though Mr. Hastings has thought proper to provoke an argument upon them, as if in them were contained the whole merits of the cause, cer- tainly cannot eventually decide, though they may serve as powerful accessories to illustrate, the main principle on which this question must turn. That Bulwant Sing was a powerful chief or zamindar, that he did attach himself to the English government in India, that the court of Directors did think him of signal service to their affairs, and that, in consequence of those services, whether supposed or real, he was, by an article in the treaty of Allahabad, confirmed in his possessions and all the rights annexed to them, are points which can be proved by the most satisfactory evi- dence : but whether he enjoyed the sovereign state of an independent prince, or whether he was nothing more than a mere tenant at will, subject to the unrestrained power of a barbarous tyrant, will not affect the rights of Cheyt Sing, which were established on the positive security * "Narrative of the Insurrection," &c., p. 11. f A farmer of, or contractor for, the revenue under the native system. Wilson's Glossary of Judicial and Revenue Terms. Speech of Mr. Grey. 267 of grant or compact, perfectly sufficient for the establishment ^ FEB - 1 7ss- of this charge. For I do not expect to hear it averred, even in the political creed of Mr. Hastings, that what we had given we had a right to resume, merely because we had given it ; the terms on which the grant had been made having been observed by the party more immediately bound by them with the utmost punctuality and the most perfect good faith. But, my Lords, Raja Cheyt Sing held his territories, and Secured by all the rights annexed to them, upon other principles and by another tenure than the mere generosity and good-will of the British government. He held them under the solemn sanction of repeated treaties of treaties which had bound the former sovereigns of Benares, and which, on the transfer of the svereignty to the India Company, were confirmed beyond all possibility of dispute. I have only to show what Mr. Hastings' own construction of the rights of the Raja was under these treaties : and if I can prove that, even in his opi- nion, the Raja was to be exempt from every additional demand, and subject to no authority, and bound to no extraordinary duties beyond the payment of a stipulated tribute, there can, I think, be little doubt as to the question of right on which Mr. Hastings himself has declared his guilt or innocence ultimately to depend. Mr. Hastings says in his Narrative : Mr. Hast- ings' state- " On the succession of the Nabob Assof-ul-Dowlah, the rights of sove- }^J!*it~ reignty which were held by him over the zemeedary were transferred by Cheyt Sing's treaty to the Company. Those rights were indisputably his, and became rights, by his alienation of them as indisputably the Company's ; and every obligation of fidelity and obedience which is due from a zemeedar to the superior magistrate by the constitution of Hindostan became as much the right of the Company from Cheit Sing as it had been due to his former sovereign, with the additional ties of gratitude for the superior advantages which he was allowed to possess with his new relation. The unexampled lenity of our government, in relinquishing to him the free and uncontrouled rule of his zemeedary, subject to a limited annual fine, and the royalties of the mint, administration of justice and police, ought to have operated as an additional claim on his fidelity ; but evidently served to stimulate his ambition, and perhaps to excite in his mind an opinion that he possessed an inherent right of self-dependency." * I must beg your Lordships to bear in your minds for Definition the fact is material this one circumstance that Mr. Hast- sovereignty ings claims no power which the former Mohammedan sove- te r con> by reigns of Benares had not. tf The rights of sovereignty were * " Narrative of the Insurrection," &c., p. 8. 268 Opening of the First Charge Benares: 25 FBB^i788. transferred to the Company." True, they were so : but let us examine a little what those rights of sovereignty were. In the instructions sent to Mr. Bristow, relative to the treaty concluded with Asoff-ud-Dowla, in 1775, they are declared to be little more than a nominal authority, and therefore it is supposed the Wazir can have no objection to cede rights which are of so little advantage to him. But Mr. Hastings probably will object to that, as being an opinion expressed in a letter written by the directions of the majority of the Council on a subject he had uniformly opposed with all his influence, which opinion therefore cannot be binding upon him. But, my Lords, that is not my only dependence. I have Mr. Hastings' own authority to prove that the rights of sovereignty were not to interfere witli the rights of the Raja, when, in the year 1773, he interfered to prevent Snja- ud-Dowla from seizing the forts of Bidjey Gur and Luttec- poor, and from exacting ten lacs of rupees over and above the stipulated tribute, It then appeared that the Raja pos- sessed certain rights which were not on any account to be invaded ; though, at that time, every argument of political expediency that reprobated argument of expediency, which the learned Counsel told us the other day was the foundation of all bad precedents and the source of all injustice (but, bad as it is, if he deprives Mr. Hastings of that argument I fear he will deprive him of the greatest part of his defence) every argument of political expediency favoured the purpose of the Wazir, who was at that time engaged in a war with the Mahrattas, and was on the point of entering into a new one, in conjunction with the British government, for the noble and generous purpose of extirpating the Rohillas. But these rights of sovereignty did not confer 011 Asoff-ud- Dowla, who succeeded in 1775 to the government of the province of Oude and to the sovereignty of Bennrcs, which was then annexed to it, the right even of levying a part of the tribute in advance. Mr. Hastings himself interfered to prevent the Nawab Asoff-ud-Dowla levying five lacs of rupees, only in advance of the stipulated tribute, though for the purpose of making good a payment to the Company ; and authorised Mr. Bristow, then Resident at Lucknow, to declare, that the rights of the Company's dependents were not to be infringed upon ; that Raja Cheyt Sing was to be con- sidered in that light; that the Wazir must expect to see him protected, for he was not to be put on a footing with his other zamindars. He was then, it seems, upon a footing some- Speech of Mr. Grey. 269 thing better than that of a mere zamindar, when the adminis- 25 FEB. ms. tration of justice had not yet been conferred upon him, and when he was not invested with the symbols of sovereignty, the profits of the mint, and the administration of justice and police. But what I wish your Lordships more particularly to Exactinp observe is, that the levy even of a part of the stipulated advance 11 tribute in advance is here considered as an infringement of the meii rights of the Raja, which the Governor General and Council, ^.ia's as guarantees of those rights, could by no means suffer. ' ! A fortiori, we,succeeding to the sovereignty on the same terms as Asoff-ud-Do\vla, could not have a right to levy any extraordinary sums beyond the stipulated tribute. But " Every obligation of fidelity and obedience, which was due from a zemeedar to the superior magistrate by the constitution of Hindostan, became as much the right of the Company from Cheit Sing as they had been due to his former sovereign." This too I acknowledge. Every obliga- tion of fidelity and allegiance which was due from Cheyt Sing to his former sovereigns certainly became, by the trans- fer of the sovereignty itself, in like manner due to whoever should succeed to that sovereignty. But here let us again inquire how far these obligations of allegiance and fidelity were due to his former sovereign. I answer, so far as he was bound to a regular payment of his tribute, and a strict observance of his engagements. Beyond this, every kind of demand and every species of exaction, even of a part of the stipulated tribute in advance, was considered as an undue exercise of an illegal power on the part of the Wazir ; in fact, a power which he had not, and which we therefore, succeed- ing to the sovereignty on precisely the same terms, could not with any colour of justice exercise or claim : but least of all could we pretend to any power which we had ourselves declared not to be vested in him, to be contrary to the faith of treaties or engagements, call them which you will, and had therefore prevented his exercising. But to these obligations of fidelity and allegiance were Pretended joined " the additional ties of gratitude in the relation in c which the Rajah stood to the East India Company." Grati- gratitude. tude for what ? " For the superior advantages which he was allowed to possess with his new relation." What were those superior advantages ? "A free and uncontrouled rule in his zemeedary, subject to a limited annual fine, and the royalties of the mint and administration of justice and 270 Opening of the First Charge Benares : 25 FEB. 1788. police ; which ought to have operated as an additional claim on his fidelity." Here then we have a double confirmation of what was already confirmed beyond all possibility of doubt or hesitation, and further evidence, furnished us by the accused himself, to prove what was already incontestibly established. The Raja possessed, not only all the rights of a free and uncontrolled authority in his zamindary, which he had enjoyed under his former sovereigns, but he possessed them with the superior advantages which the unexampled lenity of our government had bestowed upon him he pos- sessed them subject to a limited annual tribute, with an exemption from every other species of exaction. Those rights were acknowledged by Mr. Hastings himself, con- firmed and enlarged by additional royalties, an extended jurisdiction, and, I wish I could have added, the superior good faith and humanity of the government on which he was in future to be dependent. But, my Lords, what the unexampled lenity of the English government had given him, the unexampled perfidy of the Governor General resumed; and not only resumed that which, though our free gift, could not with justice be resumed, but he destroyed and trampled on those very rights which he had himself declared to be beyond the power of the superior lord, and peculiarly sacred from all violation. Principle of But, my Lords, waiving the particular circumstances in exactions "which Chey t Sing stood in his relation to the English govern- not justified merit, let us examine a little how far this principle of levying byfeudal , ,. . ., , r . i . ,1 i *? law. any sum that the discretion or the sovereign might think it necessary or expedient to impose on his vassal is justifiable, according to the principles of the feudal law. For this is one of the arguments maintained by Mr. Hastings, as well as by some others, that, the constitution of the Hindustan governments nearly resembling our old feudal institutions, the vassal may in the same manner be called upon in times of extraordinary emergency for extraordinary aids; that Cheyt Sing stood precisely in that predicament, and, the public exigency of the moment making the demand necessary, as news of the war with France had just been received at Calcutta, it was justifiable, according to the acknowledged principle of the feudal law. In the first place, I deny the necessity at least at the time the first demand was made. That, however, has already been observed upon to your Lordships ; and it will be fully proved, under the handwriting of Mr. Hastings himself, that, Speech of Mr. Grey. 271 in his opinion at least, no sucli necessity existed. But, my 25 FEB. Lords, allowing it to have existed in the full extent in which Mr. Hastings pretends it did, I should still argue that his particular conduct to Cheyt Sing was perfectly unjustifiable, even according to the loose principles of the feudal institu- tions. I allow that by those institutions the vassal was bound to perform certain services, in consequence of which he enjoyed the best security both for himself and his pro- perty that could be had in those times under the protection of his superior lord. He was bound to accompany him with a certain military force in time of war, and to pay him a stipulated rent in time of peace. But, my Lords, those services were by no means indefinite ; they were precisely marked in the terms of his tenure. Even those extraordinary cases in which the safety and honour of the kingdom were imme- diately involved, and in which, therefore, some extraordinary contributions might be expected even those extraordinary cases were themselves specified ; namely, the captivity of the King, the marriage of his eldest daughter, and the knighting of his eldest son. According, therefore, to the acknowledged principles of feudal law, the demand of any extraordinary sum, beyond that which was specified in the terms of his tenure, could not be authorised : and even upon this ground, which seems to have been chosen as a peculiar stronghold by Mr. Hastings, the demand of any such sum from Cheyt Sing no such case having been specified in the terms of his agreement ; on the contrary, it having been expressly pro- vided against cannot, by any mode of reasoning that I can conceive, ever be justified. But, my Lords, much less can it be justified when we con- sider that, by no law and by no institution, neither feudal nor any other, with all his wild ideas of the despotic insti- tutes of Tamerlane and Genghis Khan, under no law, could it ever be deemed competent for the sovereign to make a partial, perhaps a vindictive, selection of any rich and power- ful individual, to impose on him such part as he might think proper of the public burdens, without making a proportion- able equitable division of them, according to their different abilities, among all the classes of his subjects. I think there- fore there can be very little doubt as to the question of light; and I, for one, shall not hesitate to urge this conclu- tion, established by Mr. Hastings himself, that he is " liable to condemnation for exacting other duties from Cheit Sing, and for all the consequences of that exaction." 272 Opening of the First Charge Benares : 25 FEB. 1788. Crimes charged against Cheyt Sing, justifying forfeiture of his rights. Delay in paying ex- tra tribute. Mai-admi- nistration of his coun- try. But certain crimes were alleged against Cheyt Sing, which crimes might imply a forfeiture of his rights. Mr. Hastings says, our bounty to him had " evidently served to stimulate his ambition, and perhaps to excite in his mind an opinion that he possessed an inherent right of self-depen- dency ;" and that this manifested itself in an intention to rebel and a preparation to throw off his allegiance to the British government. Let us examine in what this and other charges against him consist. The first charge alleged is his delay in the payment of the extra five lacs, by which ruin was nearly brought on the detachment under Colonel Carnac. The demand being unjust, not only the delay but an absolute refusal of the demand cannot be criminal, if it had existed : but to that there is a plain and distinct answer, an answer given by Cheyt Sing himself : " The remitting of this to the army did not depend on me. If any delay happened on this head I could not help it. If, besides the payment of the money, the remittance of it also to the army had rested with me, a delay of this kind should not have happened." Your Lord- ships have already been told that a considerable sum had been paid to the Resident ; that it had lain in his hands idle and unemployed, and had never been ordered to be remitted to Colonel Carnac ; or, if it had been ordered and not remitted, it was owing to the Resident's negligence that it had not been remitted. This charge therefore will be thoroughly refuted by the evidence which we shall produce, and I shall not trouble your Lordships with any further observations upon it. There is a second charge: but neither upon that will it be necessary for me to trouble your Lordships much at length ; as Mr. Hastings himself, although he put it in, probably to swell the catalogue of the Raja's guilt, has declared he did not act upon it that was, the want of police and the mal-adininistration of affairs in his country ; that robberies and murders were daily committed ; " that the relations and dependents of the Raja, or the merchants, whose credit was useful to him in the payment of his revenue, might violate the rights of their fellow-citizens with impunity ; and the sacred character of a brahman, or the high rank of the offender, were considerations which stamped a pardon on the most flagitious crimes." This is a heavy charge, if it were true ; but that it was not true I can prove by that same letter in which the charge is made, where Mr. Hastings tells us that persons who had acquired independent fortunes in Speech of Mr. Grey. 273 other parts of India came to Benares to enjoy them in the 25 FED, nss. peaceful shades of an holy retirement. They came to enjoy them in quiet in a spot famed for licentiousness, and where from the outrages that were daily committed there was no security cither for person or property. There is a third charge ; namely, the refusal to supply Refusal to the cavalry which Mr. Hastings demanded. But neither & w&\^. can I think Cheyt Sing criminal in this respect. I must here again remark, that the demand was unjust, and such as Mr. Hastings had no right to make. But, arguing from his own account of it, let us see how the case stood. Mr. Hastings first demanded two thousand, then fifteen hundred, afterwards one thousand. To this last demand Cheyt Sing made an offer of five hundred cavalry and five hundred matchlock men. Mr. Hastings did not think proper to make any answer to this offer : and, till Cheyt Sing could know whether it was accepted or not, he can hardly be said to have absolutely refused compliance or to have merited any censure or punishment, at least such punishment as Mr. Hastings thought fit to inflict. There is a fourth charge ; namely, a disposition to rebel Disposition and throw off obedience to the British government. That, to however, is clearly refuted by the small number of troops Mr. Hastings took with him to Benares. And although he declares upon oath in his Narrative that he thought Cheyt Sing entertained such designs, yet in his defence before the House of Commons he says he never had any such suspicion. These charges, therefore, my Lords, I think cannot be con- SuS pi cion fidered as of any great weight. But, unfortunately, there is ^t heriting another charge alleged against Cheyt Sing by Mr. Hastings ; wealth. and that I fear it will be more difficult to refute : of that I fear I shall be obliged to acknowledge him guilty. He says, in enumerating these different instances of criminality in Cheyt Sing, " It was reported that he had inherited a vast mass of wealth from his father, Bulwant Sing, w r hich he had secured in the two strong fortresses of Bidjey Gur and Lut- teepoor, and made yearly additions to it."* This indeed was a grievous fault, and grievously has Cheyt Sing answered it. This was a fault which neither the public exigencies of the Company nor the private rapacity of Mr. Hastings could suffer him to pardon. He says, " Possibly it may be sus- pected and may God forgive those who know me and * " Narrative," p. 7. S Opening of the First Charge Benares : Mr. Hast- ings influ- enced by rapacity and merce- nary inte- rest. 25 FEB. 1788. countenance the suspicion; I have no title to an exemption from it with others that I was influenced by a secret and mercenary interest." * My Lords, in the first place my thanks are due to Mr. Hastings for having included me in this anticipated prayer for forgiveness. I believe I do know him ; and it is from that very knowledge of him and his principles that I not only suspect but accuse him of such mercenary interest. He goes on to say: " I have heard of the practice of holding out the terrors of authority and the denuntiations of disgrace, dismission and war, as the instruments of private rapacity. Though the charge, if true, is capable of positive conviction, yet I know of no direct evidence which could refute it if it were false ; for no one can be conscious of the recesses of another's mind." * My Lords, 1 will tell him how it might have been refuted if it were false. It might have been refuted by entering upon the consultations and the minutes of the Council, as it was his duty to do, his intentions and the avowed principles upon which he designed to act. If the crimes of Cheyt Sing were notorious, if the principle of converting his contumely into a benefit for the state a wicked and atrocious principle, and such an one as your Lordships will not countenance but if it be, as Mr. Hastings says, a principle fit ' to be acted upon, he ought to have recorded it upon the consultations. He would then have had a fair and indubitable appeal, by which he might have refuted, if false, any charge of a secret, mercenary, interest that might be alleged against him. But he says he did not enter it upon the consultations, nor did he think it necessary so to do, because this plan of the fine was not a fixed plan, but to be regulated by circumstances, both as to the extent of it and the mode. ]y[y Lords, if he did not enter it upon the consultations '. ., .. */' i p i because it was a thing indefinite and not nxed, and only, as he afterwards tells us, a speculative resource, why then did he enter a false and evasive minute, which he might after- wards alter and put such a construction upon as he pleased ? The avowed intention of his journey to Benares was to " im- prove the interest the Company had in that territory, and to form such arrangements as were fit and consistent with the mutual engagements subsisting betweenthe Company and the Rajah." This he entered on the minutes of the Council as the Object of his journey to Benares * " Narrative," p. 12. Speech of Mr. Grey. 275 object of his journey to Benares; and he afterwards tells us 25 FEB. 17$$. that, Cheyt Sing having been guilty of certain crimes, he thought his proceedings perfectly consistent with the mutual engagements subsisting between him and the Company, and that this plan of the fine was the very improvement of the Company's interest to which he alluded in his minute. Per- haps, if Cheyt Sing had bid up to the expectations of Mr. Hastings at his own sale, and that fatal event afterwards had not happened which destroyed all measures between them, we might have heard of a very different improvement of the Company's interest, and of very different arrangements made, conformable to the engagements subsisting between him and the Company. It is upon this ground upon the concealment and mystery attending this transaction upon the disavowal of his real purpose, and the assigning a false and evasive intention it is upon this ground that I do accuse him of mercenary interest. He could have none but a mercenary interest, or some other equally corrupt and fraudulent intention. But when to these circumstances of concealment and mystery is added prevarication in the different defences he has given, it amounts to a great deal more than suspicion. " Quos Deus vult perdere prius dementat " is an old and established maxim. It has been principally established by the prevarications of the guilty, by which they have themselves afforded the means of their conviction when all other evidence has failed. If ever there was a striking proof of that maxim it is to be found in Mr. Hastings, whose contradictions, inconsistencies Mr. Hast- and prevarications, are not less numerous or less various vacation, than the crimes with which he is charged. They enable us in many instances to trace his windings and detect his iniquities, when perhaps it might have been impossible by other means to trace or to detect them. At the time he wrote this Narrative there was an impu- tation of one motive against which it was particularly neces- sary to guard. Perhaps, conscious that it was his real motive, he might think as guilty people generally do that the eyes of all mankind were directed to that point in which he was most criminal. To prove he was not actuated by any corrupt interest, he tells us that, before his departure from Calcutta, he tied himself down to a decided process and series of acts. " Is it likely or morally possible," says he, " that I should have tied down my own future conduct to so decided a process and series of acts, if I had secretly intended S 2 276 Opening of the First Charge Benares : 25 FEB. 1788 Offer of the Nawab of Oude to purchase .Benares. The Raja's expressions of submis- sion pur- posely mis- const rued. to threatc :i or to use a degree of violence, for no other pur- pose than to draw from the object of it a mercenary atone- ment for my own private emolument?" Then this fine was not to be regulated by circumstances ; it was not a specula- tive resource ; it was fixed and unalterable. The ability of the Raja to pay was notorious, his crimes equally notorious, and Mr. Hastings had tied him down to a decided process and series of acts by communication with his colleague in the government, Mr. Wheler, and his two confidential agents, Major Palmer and Mr. Anderson. But he knew that nothing could have tied him down but the entering his intention on the consultations ; which, if fixed and irrevocable, as in his Narrative he tells us it was, he ought to have done, but which he now justifies himself for not having done, it being necessai'y to defend himself against the accusation of a breach of duty, by assigning reasons directly contradicting those he then assigned, when it was more immediately necessary for him to defend himself against the imputation of a corrupt motive. There is another circumstance attending this transaction which proves that Mr. Hastings has indeed heard " of the practice of holding out the terrors of authority and the denuntiations of disgrace, dismission and war, as the instru- ments of private rapacity." Your Lordships have not yet been told that he had received an offer from the Xawab of Oude for the purchase of these territories, and that this was one of his plans for the improvement of the Company's in- terest. He says he had never an intention of accepting such an offer, but that if he held out such an intention it was only in terrorem. For once I believe him ; for I believe he never received any such offer ; nor will your Lordships think it probable that the Wazir, who was at that time pennyless and negotiating for the sale of part of his dominions to the Company, should offer to purchase other parts of the British dominions. I believe it was held out in terrorem, to prevail upon Cheyt Sing to bid more largely for his pardon : and, as it was Mr. Hastings' avowed intention to inflict exemplary punishment or make him pay largely for his pardon, I am justified in that belief. These were the designs and such the principles with which Mr. Hastings proceeded to Benares. The Raja met him on the way, meaning to show him every possible mark of respect and attention, with a nume- rous attendance. So unfortunate, however, was this un- happy prince, that everything he did his submissive and Speech of Mr. Grey. 277 humble letters, disgusting by their abject meanness, but 25 FEB. which Mr. Hastings terms offensive in style and unsatis- factory in substance that not only those were construed into a defiance, but this mark of his attention and respect was con- strued also into a proof of a premeditated scheme of rebellion. " At Buxar, Rajah Cheit Sing paid me the customary duty of respect, by advancing to that place, which lay nearest to the boundary line of his zemeedary. He brought with him a great fleet of boats, which, as I afterwards learned, were crowded with two thousand armed and chosea men. This circumstance was noticed by many of the gentlemen who accompanied me, and was certainly a deviation from the established rules of decorum ; not only such as are observed from vassals to their superiors, but even such as pass between equals." * Equals! Superiors! He! Mr. Hastings the superior of Cheyt Sing, an independent Prince, possessed of the government of a country affording an annual revenue of between four and five hundred thousand pounds sterling, and containing nearly two millions of people ! But, my Lords, I think it will not appear very probable that Cheyt Sing could have any such design as Mr. Hastings affects to impute to him ; for, if he had, he would not have trusted himself in the power of Mr. Hastings. The first thing he did, though he came with these two The Raja thousand men ready prepared for open rebellion, was to himself go and meet Mr. Hastings on board his own pinnac3, unarmed and undefended, and to surrender himself entirely power. into his power. Of the conversation that passed in the pinnace Mr. Hastings says he kept no minutes, because it formed no part of his plan. I believe it did not ; neither did the patient submission of the Raja form any part of the plan. In that interview he affirmed his allegiance to the Company with the most solemn protestations, accompanied with a circumstance of proof which ought to have been satisfactory to a mind less obdurate than that of Mr. Hastings. He placed his turban on his knee ; an action which denotes in that country the abandonment of life, property, and every earthly possession, to be disposed of at the discretion of the person before whom an act of such abject humiliation is performed. But this did not satisfy him. The Raja's humiliation had only been private, it had only passed on board his pinnace ; his private resentment might be satisfied with it, but his pride was not yet gratified. It was neces- sary that Cheyt Sing should be humbled in the sight of his * " Narrative," p. 1. 278 Opening of the First Charge Benares : 25 FEauss. own people ; that he should be degraded and disgraced in the eyes of the world ; that all mankind should know that if he was a great prince, Mr. Hastings was a great king. The Raja The first thing he did on his arrival at Benares, was Mr b Hast> peremptorily to forbid him his presence : that alone was an sence P and act ^ considerable disgrace and degradation to the Raja. arrested. But, however, this was not enough. It was necessary that he should feel the weight of Mr. Hastings' authority. In order to convince him that he was serious he must indeed have been incredulous if he was not already convinced that Mr. Hast- ings was serious he was put under arrest. To this also the patient man quietly submitted. In the course of this arrest he wrote to Mr. Hastings two letters,* in the same offensive terms and in the same style of defiance with that which I had the honour of reading to your Lordships when my honourable friend opened the first part of this charge. He says : His letters to At this time Mr. William Markham, being come to me, has informed ings. a me that your Highness' orders are that I should remain under a guard. My protector, I before represented to you, on board your pinnace, that I was the servant of the honourable Company, and was ready from my heart and soul. Whatever may be your pleasure, do it with your own hands : I am your slave. What occasion can there be for a guard ? " There are other letters to the same purpose, with which I will not trouble your Lordships. I am sure they must be disgusting to your Lordships, as they are to every good and generous mind. " From the apparent despondency with which these letters were written," says Mr. Hastings, " I thought it necessary to give the Rajah some encouragement, and accordingly wrote to him the following answer: Mr. Hast- ' I have received your two arzees from the hands of Mr. Markham, and ings' answer, understand their contents. That gentleman will wait on you in the afternoon and explain particulars. Set your mind at rest, and do not con- ceive any terror or apprehension.' "f This was the consolatory style in which Mr. Hastings wrote to relieve the mind of this unhappy Prince from the terror and apprehension which you will think he had too justly con- ceived. I do not myself think they were much calculated to produce such an effect. I rather think they ought to have connrmed his terror and apprehensions. He, however, seems to have been willing to receive them in that light, and wrote again to Mr. Hastings thanking him for his goodness, and again throwing himself upon his generosity and his mercy. * Printed in Hastings' '' Narrative," p. 21. f Ibid., p. 23. Speech of Mr. Grey. 279 There is a point beyond which human nature cannot 25 Fas-iyss. brook indignity or suffer insult. Weakness itself by re- peated outrages will at last be roused to resistance and endeavour to throw off that tyranny which becomes too intolerable to be endured. The Hindus are the most mild, the most patient, and the Exaspera- ,1 mi D j.i tionofthe most enduring people upon earth. Ine system or their Raja's sub- laws, the form of their government, the tenets of their reli- Jects< gion* and the habits of their education, all join to confirm in them that mildness, gentleness and humanity, which nature itself seems to have implanted in them as the pecu- liar and distinguishing characteristic of their disposition. If anything could so far provoke and exasperate such a people as to make them forget those qualities, it would be the sight of any indignity offered to their Prince, to whom they are attached with the highest enthusiasm, not only as their civil governor, but as the head of their religion. The first circumstance of his arrest had not failed to pro- duce some symptoms of 'discontent. Troops of armed men, as Mr. Hastings tells us, had come from the opposite side of the river, and, assembling tumultuously about the palace, had shown some disposition to attempt a rescue. On this account he had sent to Major Popham for a reinforcement, in order to support the guard who were already placed over the Raja ; who, it seems, were without ammunition, and incapable of resisting so numerous a body, in case they should be incited to attack them. Though assembled in this manner, however, they had remained quiet, still obedient to the desires and com- mands of their Prince, though disgraced and in captivity. They did not attempt to molest the guard, and it is probable that they would not have done so, but from a circumstance which at last happened, and which was too great an insult even for their patience to bear. A chobdar, or bailiff, came a vile wretch, j^R^ one of the lowest of the people, who, for some crimes of which a person of he had been guilty, had been formerly punished by Cheyt Sing, raster, and who on that account had conceived some enmity against the unhappy Prince was sent by Mr. Markham with a mes- sage to him, and now took this opportunity of procuring himself that malignant pleasure which none but a base and brutal mind can feel that of insulting a superior already humbled by disgrace and misfortune. He approached Cheyt Sing with this message, while at his devotions, in the sight of his people, and interrupted and reviled him in terms of the grossest abuse and most shocking indignity. This was 280 Opening of the First Charge Benares : 25 FEB. 1788. more than even this patient people could bear. All their insurrection best feelings were shocked, and, their superstitious pre- peopfc. judices co-operating with their rage, they could be no longer restrained either by the entreaties of Cheyt Sing or the danger to which they exposed themselves. They broke into the palace ; and what follows is, as Mr. Hastings has truly said, a scene of too much horror to be described. The first victim of their resentment was as he deserved to be the insolent chobdar. The whole guard suffered the same fate. During the confusion, Cheyt Sing found means to effect his escape ; and the reinforcement 'sent by Major Popham arrived just in time to witness the last groans of their companions, without being able to afford them any relief. Their blood be on his head by whose pride, rapacity and injustice, they were thus wantonly sacrificed ! imputl- to But shall we impute this to any premeditated rebellion rebellion on * ne P art ^ Cheyt Sing ? To entertain so absurd an ?,? ai " s * idea, we must first suppose that he was possessed of some Cheyt Sing. f /.. . . , , . . . laminar spirit who conveyed to him private intelligence 01 the secret designs of Mr. Hastings, and that, possessed of this intelligence, he waited till this moment of favourable pro- vocation. But if proofs were wanting to show there could not exist any such concert among them, it would be found to be in the very circumstances by which this tumult was provoked and the manner in which it was effected. If there had been any concert or premeditation, would it not have been natural Mr. Hastings has told us it would have been easy for them to have proceeded immediately to his quarters, where there was no force to resist them, and they were sure of meeting with no opposition ? There they might have broken that magic talisman in which the essence of the British government was contained, and relieved themselves for ever both from the tyranny and the tyrant. But, follow- ing the first impulse of their rage, they had broken out and revenged the injury offered to their Prince. He being rescued from the hands of his enemies for during the tumult he found means to escape through a wicket which opened to the river, the banks of which being exceedingly steep in that place, he let himself down by turbans tied together into a boat which was waiting for him, and got in safety to the opposite shore they made no further attempt, but flocked tumultuously after him. This is a strong and convincing proof that there could not possibly be any premeditated design or concerted Bchenie of rebellion. But, if there Speech of Mr. Grey. 281 wanted proof, there is still more; for Cheyt Sing, now the mask was thrown off, that he had it in his power effectually to destroy the British government for, as Mr. Hastings tells us, there was a general insurrection in his country, all the people to a man having taken up arms in his support on the very night on which he escaped, wrote another of these contumacious letters to Mr. Hastings, offering to His oiler to surrender himself, begging him only to spare his life, and hinwtff declaring that he was his servant in every respect. But Mr. Hastings tells us he considered himself as now engaged in a civil Avar, and would not listen to any terms. The force he had with him, however, was not sufficient to with- stand the rage of a whole country ; he was accordingly forced to retire secretly in the night, and get, with what haste he could, to a place of safety to Chunar. In the first engagements with our troops Cheyt Sing was victorious, owing perhaps principally to the ardour and superior numbers of his people, and the misconduct, I believe, in some instances, of our officers. But not even by success could his mind be elated ; and, with this advantage, he still continued to write to Mr. Hastings letters of the most abject submission. One of these I shall beg leave to read to your Lordships : " When I waited upon your Highness in your pinnace, I represented Letter of to you everything which was proper to be represented that my life, my afterhfs n country and property, belonged to your Highness requesting that you lirst suc- would order whatever was your pleasure, and that I was ready to obey it cesscs - with pleasure. I, besides, performed all the duties of obedience and humility, and represented all the particulars with a view to the present time ; for I well knew that as soon as Owsan Sing should be introduced to your Highness, Mr. Markham and the moulavies, &c., having settled this plan, would make you conceive displeasure against me. At that time your Highness answered that you had no business with my life or property ; that you had not given admission to Owsan Sing or any of his people; that you had no connexion with any of my relations. What crime did I afterwards commit, that by the advice of my enemies you should resolve to confine me with such disgrace ? However, I remained until evening in confinement, and behaved in no otherwise than with the greatest humility and obedience. I addressed several arzees, expressing my readiness to obey your orders, and that I was your slave, and was ready with my life and property. Observe that Cheit Ram chubdar came to me, and reviled me, and with a loud voice gave both me and my people the vilest abuse. The people of the Sirkar first fired balls from their guns and discharged their muskets. Immediately the tumult arose, and, notwithstanding my most earnest request for them to desist, no one would hear me. Myself, after being wounded by a sword in the hand of the captain, escaped with life from that imminent danger, and withdrew myself. If you will examine with an eye of justice and not 282 Opening, of the First Charge Benares ; No answer returned by Mr. Hast- ings. -25 FEB. 1788. listen to talebearers and informers, you will find no crime in me, and . your mind, which is the mirror of the world, will I am certain approve of it. I have before addressed arzees to you, but have not yet been honoured with an answer. Owsan Sing has not yet ceased from ruining the affairs. Should now my life and honour be left to me, I am your slave. Beneram Pundit will have represented my situation to you, and will continue to do so." * In another of these letters he says : " Although I have been guilty of no fault, yet the slave is by all means criminal, and the business of the master is to pardon. By the blessing of God, your Highness is the master and is just : let him consider that in all the three battles the army of the Sirkar was the aggressor."f My Lords, to these letters, which Mr. Hastings says con- tained only expressions of slight concern, and professions, but indefinite and unapplied, of fidelity, he thought proper to return no answer. If he had accepted the submission of the Raja, all that horrid scene of blood and devastation would have been spared which afterwards followed, and the measure of Mr. Hastings' crimes would not have been full. His resent- ment was not to be satisfied but by the complete ruin of Cheyt Sing and the complete devastation of his country. This was too soon effected ; for the cause of virtue and of right, supported only by irregular troops and a tumultuous though an attached and zealous people, could not prevail against the more regular troops and the more effectual dis- cipline that fought under the banners of injustice and oppres- sion. The whole country was soon reduced, and Cheyt Sing driven out, an exile and a wanderer, to seek for an asylum in the arms of our enemies. Such was the unexampled lenity of the English govern- ment, and such the superior advantages which were conferred on Raja Cheyt Sing in the transfer of his sovereignty from a Mohammedan prince to the English East India Company from a barbarian bred up in habits of despotism to the mild and more enlightened rule of a free and civilised people from a cruel and ferocious tyrant who respected neither the interest of humanity, the ties of engagements or the happiness of his subjects, whose will was his law, and want of power the only restraint upon his will, to a people famed for public faith and a strict observance of all engagements ; whose native government is formed on principles the most consonant to the common interests of humanity ; where the laws are Reduction of the country by British troops. Reflections on the tyrannical conduct of Mr. Hast- ings. * Printed in Hastings' "Narrative," Appendix, p. 106. , f Ibid., p. 109. Speech of Mr. Grey. 283 superior to the will of the sovereign ; where the meanest indi- 25 FEB. rrss. vidual has a sure asylum from oppression ; and which, [where the government ?] by securing all orders of men in the full enjoyment of their natural rights, as far as they can be enjoyed under any system of government, might seem to give that additional confidence and security to the Raja which such principles naturally tend to inspire, if any additional confidence and security were necessary to strengthen and confirm the solemnity of a strict engagement. But Mr. Hastings does not allow that the mild and liberal principles of the British constitution have yet been able to supersede the despotic institutes of Tamerlane and Genghis Khan. No, not the institutes, but the practice of tyrants and usurpers was a rule of government better suited to his genius, and better calculated to carry into effect the base purposes of his corruption. Accordingly, my Lords, this, unhappy Prince experienced under an English Governor,' unrestrained by English laws, all the aggravated evils of extortion, injustice and oppression. Instead of protection he met with wrong and violence instead of good faith, the most unexampled perfidy. Instead of a mild and lenient government, the most cruel and afflicting tyranny ; and that mind which, in one of the letters I have just read to your Lordships, he calls the mirror of the world, he found to be the mirror of every vice, every wickedness of pride, avarice, implacability and falsehood. Quas res luxuries injlagitiis, crudelitas in supplidis, avaritia in rapinis, superbia in contumeliis, efficere potuisset, all these things, to a degree of aggravation and an extent that a good mind cannot conceive or the most patient spirit endure, all these did Chey t Sing suffer under the merciless grasp of that fell and insatiate tyrant. My Lords, such were the uses to which Mr. Hastings applied that power which he justifies by the examples of Aliverdy Khan and Cossim Ali. The rest of this charge is a continuation worthy such a beginning ; for now that there would seem to be left no object for his resentment that Cheyt Sing had been ruined, expelled, an exile and a wanderer that everything had yielded to the furious torrent of his rage and his ambition my Lords, we still see his eye red with indignation, the ministers of vengeance still waiting on his nod, and this unhappy country not yet exempt from the scourge of his oppression. My Lords, the remaining parts of this charge form such a sequel as might have been expected from such beginnings. 284 Opening of the First Charge Benares : 25 FEB. 1788. They are horrid illustrations of the dreadful effects of arbitrary power placed in the hands of wicked men, acquired by bad means and exercised upon worse principles. charge The next instance of criminality alleged against the against Mr. . , ,, , ,. . .. -, i < T -i i Hastings prisoner at the bar, in the Article now before your JLordships, thc p pi c un"der relates to the plunder of Bidjey Gur. This was, as Mr. Hastings has told us, an almost impregnable fortress, to which Cheyt Sing had retired on the rapid success of our arms ; but which he afterwards abandoned, taking with him a considerable treasure in money and jewels, on the approach of the troops under the command of Major Popham. The only persons therefore remaining in the fort, when besieged by the English troops, were Panna, the mother of Cheyt. Sing, his wife, and the remaining women of the family of his father. The prisoner is charged with having ordered the seizure of this fort and all the property contained in it, without inquiring whether it belonged to Cheyt Sing or his mother, and without pretending that this woman had been guilty of any crime or of any offence whatever against our govern- ment. He is further charged with having stimulated the army to rapine and outrage by the orders given by him for the division of the property found in the fort as plunder. It is also stated, as an aggravation of this part of his offence, that he showed a spirit of insolence and revenge in the orders he gave respecting the Rani ; that by giving the property found in the fort to the army he completely failed in that which he avowed to be his purpose, namely, the obtaining a sum of money for the Company ; and that he endeavoured to resume, by a breach of faith with the detach- ments, what he had unlawfully granted them by a breach of duty to his constituents. Mr. Hastings, in his answer to this part of the charge, admitting all the facts, except the having given any such orders as are stated, by which a spirit of rapacity was excited in the soldiery, says that he was not guilty of any breach of faith with them, or of any breach of duty to his constituents, inasmuch as they had no right to divide the property found in the fort under any authority given by him. How far this denial is founded in truth I shall proceed to show, and on what ground it is that Mr. Hastings expects credit from your Lordships in declaring himself innocent of a charge of which I doubt not but I shall be able to convict him upon the clearest testimony the testimony of the accused Speech of Mr. Grey. 285 himself; the principal evidence I shall use being the evidence ^ FEB-ITSS. of Warren Hastings. It is not necessary to detail to your Lordships a long circum- c -Vi L' u A i a' /^stances of account or our military operations subsequent to the night the capture of Cheyt Sing. It is enough to say that, after a rapid b^Malor* conquest of the whole country and how could it be p P liam - otherwise in a country filled only with irregular troops and defenceless persons, for such were the mighty preparations Cheyt Sing had made for his intended rebellion? Major Popham advanced to Bidjey Gur. It appears that, soon after the place was invested, Panna offered to capitulate. Her offers, however, were so unreasonable that they could not be accepted ; and it was not till after she was reduced to all the extremities and hardships which persons who are besieged usually suffer that she wrote a letter to that respectable character of whom your Lordships have heaiM Cantoo Baboo, the banya of Mr. Hastings beseeching him to sue for safety and protection for her person and honour. In consequence of this letter Cantoo was despatched to the fort ; articles of capitulation were soon agreed on ; and the troops of Major Popharn took possession of the place. It was in consequence of this that Mr. Hastings wrote two letters to Major Popham relative to the conditions to be granted to the Hani, and granting to the detachment as a " the con- o o tiition.s to DC reward of their services all the property that might be p-anted to taken. theKailL It is on the authority of these letters, supported by some oral testimony which at a proper period we shall produce, that we accuse Mr. Hastings of having stimulated the army to rapine and outrage. These letters will be read in evi- dence.* I shall therefore only trouble your Lordships with such parts of them as will tend to make the matter clear and intelligible. In the first he says, speaking of the Rani : " I apprehend that she will contrive to defraud the captors of a con- siderable part of the booty, by being suffered to retire without examina- tion ; but this is your consideration and not mine. I should be sorry that your officers and soldiers lost any part of the reward to which they are so well intitled, but I cannot make any objection, as you must be the best judge of the expediency of the promised indulgence to the Ranee." * The letters are printed at length in the " Minutes of the Evidence taken at the Trial," &c., pp. 282, 283. 286 Opening of the First Charge Benares : 2o FEB. 1788. In the next he says : " If she complies, as I expect she will, it will be your part to secure the fort and the property it contains for the benefit of yourself and detachment." The army It is upon the authority of these letters that we have byThem'to ventured to accuse Mr. Hastings of having stimulated the rapine. army to rapine and outrage. I doubt not it will be thought by your Lordships a sufficient authority to establish and support the truth of this allegation. They carry with them their own comment ; for never was there given, I will venture to say never, by a freebooter to his associates, or a captain of banditti to the gang under his command, a more direct instruction to plunder and pillage whomever they may meet, without any regard to age, sex or condition, or the common feelings of humanity : and such were the effects they produced upon this army : " The Ranee left the fort attended by 300 women, under the faith of certain articles by which 15 per cent, was to be reserved to her on all the property found in the fort, with a safe retirement for herself and her attendants." These were the principal articles of capitulation ; to these the faith of the British commander was pledged ; and if that was not sufficient, it was confirmed by the sacred protection of that awful character, the black diwan of Mr. Hastings. Licentious- But, my Lords, by neither of these could the avidity of a licentious soldiery, who had already tasted the sweets of plunder, be restrained. The property which had already been found and divided amounted to the enormous sum of 250,0007. This treasure, however, great as it was, instead of satisfying seemed rather to have increased their desire for pillage. They did not forget the friendly hint of the Governor General : they were unwilling to be deprived of any part of the reward they had so justly merited, by suffering the Rani to retire without examination. Accord- ingly, the articles of capitulation were broken; and this helpless woman a woman of the first rank in India, to whom, according to the customs of the country, the very sight of man was pollution this Princess, with the remains of the family of the just and benevolent Bulwant Sing, whom tenderness for their sex and respect for their rank, heightened and increased by that claim which misfortune always has on every good mind, if not a regard for public faith, ought to have secured from every violence, were exposed ness of the soldiery. The Rani insulted. Speech of Mr. Grey. 287 to personal indignity were disgraced in the eyes of their 25 FEB. ms. country by a personal search. Even the ornaments of their sex and tokens of the generosity and tenderness of their former lords, the poor remaining pledges of happier times, were torn from them by the rude hands of unrestrained ruf- fians. Such were the laurels which the British arms acquired in the 'reduction of Bidgey Gur, which Mr. Hastings tells us had yielded to Major Popham "the peculiar credit of having surmounted all the obstacles Avhich nature and art had opposed to the conquest of two of the fortresses of Hindostan, which had been before universally deemed im- pregnable." * Take nothing from me, my Lords. I may perhaps exaggerate ; but it is not painted in less lively colours by the commander of the British forces himself: " The Ranee came out of the fort with her family and dependents, the 10th, at night; owing to which, such attention was not paid to her as I wished; and I am exceedingly sorry to inform you that the licentious- ness of our followers was beyond the bounds of control. For, notwith- standing all I could do, her people were plundered on the road of most of the things which they brought out of the fort ; by which means one of the articles of surrender has been much infringed. The distress I have felt on this occasion cannot be expressed, and can only be allayed by a firm performance of the other articles of the treaty." f But was Mr. Hastings concerned in this ? No ; he, good man, gave no such orders as are stated ; he did nothing that could excite this spirit of rapacity in the soldiery. My Lords, if you are not now, I trust it will not be long ? Ir - Hast- i r> J * . -, i ings charge- before you become acquainted with these arts, no longer to able with be duped by that affected sorrow with which he condemns conimittel es measures -which had been owing to his own directions. I charge this breach of the articles of capitulation directly to him I charge it to have been the natural consequence of the letters, which I assert contain direct and positive orders. The charge appears to me to be so self-evident that I should not think it necessary to observe much upon it, had not Mr. Hastings, by the mode of his defence, made it necessary for me to trouble your Lordships with a few observations. The grounds of his defence are palpable, but as they are only taken upon a construction of words, upon a cavil, upon a distinction between the positive authority of a public order and the confidential declaration of a private intention * " Narrative," p. 53. f Letter of Major Popham to Mr. Hastings, dated 12th November, 1781. Printed in the " Minutes of the Evidence," p. 283. 288 Opening of the First Charge Benares : x FEB^i788. In a letter, I trust they will not have much weight with your Lordships Mr. Hast- My Lords. I must first remark, that for the establishment of ings' letters ,, . , ... .1 i . i equivalent this charge it is not necessary to prove these letters to have to orders, been orders ; nor should I think it in any respect necessary to prove that to have been an order in all due form, which certainly was virtually an. order, and produced all the effects and consequences that could have been produced by the most positive injunction. But they are stated generally in the charge to have been orders, licences or directions I give Mr. Hastings his choice of the words ; for, whichever they may have been, I shall contend that he was equally criminal. And here, my Lords, I must have recourse to the opinion of Mr. Hastings himself. He, in his Narrative, declares Cheyt Sing to have been equally criminal " whether the excesses committed by his people were authorised by his express order, or perpetrated under the influence of his example and with a knowledge of his inclination." Let us apply this maxim to the point in question. Major Popham, if he did not act under the authority of an express order, certainly did act with a clear and certain knowledge of the inclination of the Governor General ; for Mr. Hastings, in the only justification which he had offered of himself in this particular, to take from the letters the authority of orders, says they were declarations of his private intentions. This, my Lords, he admits ; and the consequences of such an admission, according to his own mode of reasoning which for once I think a just one must be that Major Popham acted, if not under the authority of an express order, yet with a clear and certain knowledge of the intentions of the person to whose authority he was subject ; and that there- fore Mr. Hastings was equally criminal. ills intcn- To show that this knowledge of his intentions extended stwd by the to the army, and might produce the same effects on them, army. j g ] ia ]i ca jf witnesses who will prove to your Lordships that these letters had been communicated to the officers, and were publicly known in the camp some time previous to the surrender of the fort. But, my Lords, they acted also under the influence of example. Lutteepoor had been taken by Colonel Crabb ; the property found there di- vided among the detachment under his command ; and to this Mr. Hastings did not object, probably because his avarice had not been disappointed, by being deprived of so great a sum as was found, contrary perhaps to his expec- Speech of Mr. Grey. 289 tation, at Bidjey Gur. But, my Lords, still, allowing these 25FEE.1788. letters to have been only declarations of a private opinion an admission which I only make in order to show the futility of Mr. Hastings' defence in. his own mode of arguing I shall think him not quite so exempt from all criminality as he seems to imagine the admission of such a plea would make him. That this was only a mean device, afterwards invented to defraud the soldiery, is too palpable ; but, in any sense of it, I shall still contend that in this he acted in a manner no less contrary to bis own avowed sentiments and opinions, publicly declared on a former occasion, than to his duty as the head of the Company's government in India. And here I shall again arraign Mr. Hastings from his own words. We have, my Lords, a Previous letter written by Mr. Hastings to Colonel Champion in the Mrfiiast- year 1774, which for this purpose I shall beg may be read. jJatuigThe" system of [Mr. Adam reads zAj prize money. " Hitherto every part of your conduct has met with my most entire approbation. But there is one subject which in some measure alarms me. The very idea of prize money suggests to my remembrance the former disorders which arose in our army from this source, and had almost proved fatal to it. Of this circumstance you must be sufficiently apprised, and of the necessity for discouraging every expectation of this kind amongst the troops. It is to be avoided like poison. However, in case any considerable capture should attend your future operations, I think you cannot pursue a better conduct than that which you intended to determine nothing yourself, but acquaint the board with the cir- cumstances and wait for their decision."* Here, my Lords, the very idea of prize money is " to be avoided like poison." Having formerly found its way into the army it carried ruin and destruction with it, and must be therefore avoided and discouraged by every possible means. My Lords, I think we may assume, without ven- Review of turing a great deal, that these letters of Mr. Hastings SS?15rt might propagate at least this poisonous idea in the army ; Jf^jJ^ * 18 ^ for the declaration of the private intentions, even of a person soldiery fd A. i ii -J.VL- resulted possessing sumcient authority to execute those intentions, from Mr. ( might encourage something more than a bare idea, or even JJtttrs. 8 " hope or expectation, on the subject. It might give to persons acting under him a pretty reasonable assurance. On whatever ground, therefore, Mr. Hastings may choose to stand for his defence, I will meet him on that ground, and, with his own letters and his own opinions, aided by the first * Printed in the " Minutes of the Evidence," &c., p. 291. T 290 Opening of the First Charge Benares: 25 FEB. 1788. principles of common sense and common justice, undertake to defeat him. For my own part, my Lords, I shall contend that these letters were orders in the strictest sense of the word. And that I trust will be sufficiently apparent from the style and tenour of the letters themselves. For it is hardly possible to conceive any letters to be written in a style more authoritative and commanding than these very letters, which Mr. Hastings now contends to be only the means of a private and confidential communication. The very terms in which the grant of the property is made " It will be your part to secure the fort and the property contained in it for the benefit of yourself and detachment " though not containing any order which I suppose it would be very disagreeable for any officer to execute, cer- tainly denote the superiority of a person in command writing to an inferior subject to his authority. But we have a sen- tence a little below in the same letter which puts the matter out of all doubt : " But, should she refuse to execute the promise she has made, or delay it beyond the term of twenty-four hours, it is my positive injunc- tion that you immediately put a stop to any further intercourse or negotiation with her : on no pretext renew it." Is a positive injunction an order ? or was this meant to be a sufficient authority for Major Popham to act upon, in the conditions he was to grant to the Rani ? It certainly was. The whole letter therefore must be of equal influ- ence : and, were it necessary to prove it to have been the most positive order, I should have little doubt as to the result of your Lordships' decision. Away then with these cavils and distinctions upon words. I will call on any military man and many among your Lordships are well acquainted with the rules and principles of war I will venture to ask whether a letter written from any person at the head of an army for Mr. Hastings had delegated to himself the powers of Commander-in-Chief as well as Governor General and Council whether such a letter, written by a person at the head of an army to an officer acting under his command, would not be deemed a sufficient authority to make division of property so granted among his soldiers ? I anticipate the answer which every fair and candid man must give. Terms of I therefore charge Mr. Hastings with a breach of duty pge< to his constituents, in having granted that property which he ought not to have granted. I charge him with having Speech of Mr. Grey. 291 stimulated the army to rapine and outrage, as well by 25 FEB. ms. these letters as by the actual division of the plunder, by which that idea must have been introduced among them which he himself declares to have been so poisonous and baneful in its consequences. I charge, therefore, all the con- sequences that followed the breach of the articles, and the plunder of the Rani as iniputable to him and his wicked instigations. So far I have confined myself to the plunder of the fort. But there is another part of one of these letters to which I Prohibition r, 11 i i if T i i > - of any con- Snail beg leave to call your Lordships attention : ditums for a * provision " What you have engaged for I will certainly ratify; but as for per- for the Rani, mitting the Ranee to hold the pergunnah of Kurteek or any other in the zemindary, without being subject to the authority of the zemindar, or any lands whatever, or indeed making any conditions with her for a provision, I will never consent to it." * My Lords, this seems to convey the authority of an order; but it is not for that purpose that I have now quoted it. To say nothing of the cruelty and insolence of such an order, this severity, which I think could in no instance whatever be justi- fied, was in this a positive breach of public faith. In a pro- clamation which Mr. Hastings had issued, on the 25th of Sep- tember, he promises a full pardon and security to all persons who should submit to the British government, excepting only Chey t Sing and his brother Sujan Sing, and the inhabitants of Gopeagungi, a village where two of his soldiers had been mur- dered. This full security and pardon, it is clear from the terms of the proclamation itself, must have been meant to extend itself to the property as well as the persons of those who, in consequence of it and with a dependence on the faith of the British government, should submit, and who had not been excepted in the terms of the general pardon. The Rani and all the persons in the fort of Bidjey Gur stood pre- cisely in this situation. No crime had been alleged against them, no affidavits had been taken to prove that they enter- tained any scheme of rebellion, or that they had any pre- meditated design of throwing off their allegiance to the British government. They therefore were intitled to every indulgence promised in that proclamation ; they had a claim to our protection ; they had a right to security, both for their property and their persons. When Mr. Hast- ings therefore refuses to listen to any terms but those of * Letter of Warren Hastings to Major Popham, dated 22ud October, 1781. Printed in the " Minutes of the Evidence," &c., p. 282. T 2 292 Opening of the First Charge Benares : 25 FEB. 1788. Failure in his object of securing money for the Com- pany. His at- tempts to defraud the army of their booty. security for the person of the Rani, and will not consent to any conditions for a provision for her of any kind, I tax him, not only with inhumanity and pride, but with the most wanton injustice and the grossest breach of public faith. Compare now this Alexander warring upon women, tearing from an helpless and a venerable Princess the provision of her age, and turning her adrift, destitute and comfortless, upon the world compare him now with his great original in the camp of Darius, consoling the mother and the wife of the unfortunate Prince whom he had conquered, and by his humanity and kindness making them almost forget that they were captives. "We must lament this one instance at least in which the resemblance fails us, and Mr. Hastings falls short of that great cha- racter to which he has been so well and so justly compared. This then, both as cruel and unjust, as a violation of the feelings of humanity and a breach of public faith, I urge as a considerable aggravation of his offence. But there is another aggravation of it singularly striking I mean the complete failure of his dishonourable purpose, which he avowed to be that of procuring for his constituents a con- siderable sum of money an application to their interests which he has often found effectual to reconcile them to his most unjust measures. In this he completely failed. The only money taken was at Bidjey Gur ; and the crimes of Cheyt Sing were converted into a benefit for the de- tachment who shared the plunder ; but to the Company was allotted the disgrace brought on their government by these acts of cruelty and oppression. Even his own pre- dominant avarice was disappointed ; nor could the present of a very fine scymitar and some other trinkets, I believe of no great value, sent by the detachment as a peace- offering to propitiate that benign divinity, Mrs. Hastings, and engage her saint-like intercession with this supreme disposer of all good things in India, reconcile him to a measure by which all his corrupt schemes had been baffled and his favourite object destroyed. He accordingly endeavoured unjustly to resume what he had before unjustly granted, and to defraud the soldiers of the property of which they had thus possessed them- selves ; first, by wheedling them into an idea of a loan. They knew him, however, too well to be so duped or to trust to such security. He had then recourse to a court of justice. There the arguments which I have been attempt- Speech of Mr. Grey. 293 ing to combat appear to have been more successful than 1 25 FEB. ITSS. trust they will be in this court, though the cause is not yet finally decided, as I believe it is now depending before the Council. Such were the circumstances as they relate to Bidjey Gur. My Lords, I shall now proceed to the settlement, and the impolitic i i i - * TT , , i f am > ruinous subsequent changes made by Mr. Hastings in the province or settlement Benares. These I shall state to have been no less contrary ince e . pn> to true policy and the real interests of the Company than ruinous to the country itself, and destructive of every prin- ciple of natural justice. This, my Lords, is a heavy charge ; for it might have been expected that, having at last gratified his pride and his resentment by the expulsion of Cheyt Sing and the plunder of his mother, he would have endeavoured to alleviate and soften the miseries and distraction that had torn and divided this before happy province that he at least would have settled it on such terms as he himself had declared, and it was obvious to all the world, would make it of the most essential advantage to the Company that he would have introduced some system of government by which its trades, its revenues and its cultivation, might be in- creased; its happiness protected, and its religion, of which it is the sanctuary, secured against profanation. These things might have been expected from common policy at least, if not from common humanity. But policy and humanity are equally strangers to the head and heart of Mr. Hastings. Without any legal authority to do so for even by that illegal self-delegation of power, which he had assumed before he left Calcutta, no such power was given him he took upon him to make an entire new settlement of the whole province. In this settlement he controverted not only every controverts sentiment and principle he had ever maintained with regard secuSngtiie to the true policy of securing the sovereignty of Benares to to v tho ignty the British government, but introduced an entirely new untjsh system, equally injurious to the interests of the Company as e " destructive to the commerce and welfare of the country itself. In this settlement he considered all the treaties Abrogates which had subsisted with Cheyt Sing as entirely at an end : {^tu s the new regulations went to a total abrogation of them, and in his defence upon this Article he says we had no treaties with the state of Benares. That is a discussion into which I shall not enter. I shall not dispute whether Benares was a state or not ; or whether or no we had any treaties with it as a state. All I shall contend for is that, according both to 294 Opening of the First Charge Benares : FEB. 1788. the letter and spirit of those agreements by which he boasts of having secured to Cheyt Sing and his family the first legal property they had in the territory of Benares, it appears if indeed he did succeed to them, as Mr. Hastings tells us he did because he was the next lineal heir that the next heir ought to have succeeded him upon the same terms. " In consequence of the full powers which I possessed from the board for that purpose, I resolved to bestow it," says he, " on the next lineal heir; this was Bauboo Mehip- narain." If he was his heir, then I contend that he ought not to have suffered for the crimes of his predecessor, and that he ought, both according to the letter and spirit of those agreements which were procured by Mr. Hastings himself, to have succeeded to the territory on the same terms on which Cheyt Sing had held it. But Mr. Hastings tells us he was not his heir. I have just read your Lordships a sen- tence in his Narrative, given upon oath, in which he says he bestowed it upon him because he was the next lineal heir. In his Defence before the House of Commons he says, that not being Cheyt Sing's heir he had no claim of right, and he saw no objection to making the Company's interests his first principle of action. My Lords, I leave you to settle the point between these contradictions of Mr. Hastings. Whichever may be true, I shall contend that the new regulations were equally unjust. If Mehipnarain was not his heir, whoever was so ought to have succeeded ; but at all events the country had incurred no forfeiture by the crimes of Cheyt Sing, if he had been guilty of any. An oppressive imposition therefore upon the country itself must in all circumstances be unjust. 3k-hipna- Let us now see how he made the Company's interests his sing's heir, first principle of action. He says, " The easy accumulation eed to of too much wealth had been Cheit Sing's ruin." Truly Sa ^' ^he easv accumulation of too much wealth had indeed been Cheyt Sing's ruin. " It had buoyed him up with extravagant and ill-founded notions of independence" how true that is your Lordships have already seen " which I very much wished to discourage in the future Rajah." If he did wish to discourage such notions in the future Raja it must be confessed that he took pretty effectual means to do so. He conferred on Mehipnaraim the dignity of Raja, it is true, but without power or revenues. He assigned him an allowance of six lacs of rupees, of which he never received Speech of Mr. Grey. 295 n shilling. He reduced him to the ' depraved state of a mere 25 FEB. 1788. zarnindar ' ; or, if there be a more depraved state, according to Mr. Hastings' idea of it, he reduced him to that. He Appoint- appointcd his father guardian over him on account of his youth and inexperience, and made him collector of the province. But to Mr. Markham, whom he continued Resi- dent in defiance of the positive order of the Directors, he controlled gave a controlling authority over both. dent, Mr." I must recall to your Lordships' recollection the principles ^arWiam. i i i i T> i mi Mr. Hast- whicn Mr. Hastings has maintained about Kesicients. Iney ings' views were quoted by my honourable friend in his speech upon the first part of this charge. It will not, therefore, be necessary to requote them; but your Lordships know it was this appointment of a person who bore even a distant resemblance to a Resident to receive these revenues at Benares, during a temporary commission, that he foretold, in the spirit of prophecy, would lay the foundation of that evil that dan- gerous and impolitic power that power so pregnant with every mischief that power so sure to create disaffection and consequent rebellion on the part of the Raja that power of the consequences of which he was aware, and had opposed by every possible means, but at last so contrary to the natural benignity of his mind and the general mildness of his temper, he was forced " very unexpectedly to exert." All the other propositions he had made for rendering the Raja independent had been voted unanimously. Speaking of the consequences attending the appointment of Mr. Fowke to receive the revenue at Benares, which was the only point in which he was overruled in his defence before the House of Commons, he says: "I consider Chert Sing precisely what they had made him, a tribu- tary landholder ; not what I would have made him, but was overruled, an independent Prince and powerful ally, placed as a barrier between the Vizier and the government of Bengal. I would have caused the Com- pany's tribute to be received at Patna, within the Company's provinces ; they caused it to be received at Benares. I would have renounced the sovereignty of his country ; they assumed it. What they assumed fell to my lot very unexpectedly to exert." What he did he now does in this new settlement. Did he now make the Raja f an independent Prince and powerful ally, placed as a barrier between the Company's provinces and the government of Oude ' ? No ! he made him that which he falsely asserts his predecessor to have been, a tributary landholder ; but upon terms so infinitely grievous, when opposed to those on which Cheyt Sing held his 296 Opening of the First Charge Benares : 25 FEB. 1788 His inten- tional degra dation of the Raja. Revenues S^ranted away in pensions. Monopolies granted to theResident, Exaction of excessive revenue. territories, that they will not for a moment bear a com- parison. He now, unrestrained and of his own authority, caused the Company's tribute to be paid at Benares, and not at Patna. He now asserted that dangerous power which before he would have renounced. Why, and for what reason ? Not because he was overruled, but because he was obliged to acquiesce in the opinions and decisions of a prevailing party ? No ; there was now no majority against him. Unhappily for India, two of the great characters which composed that majority were dead, and the third was returned to England.* "What will he now, then, urge as a reason for having established the government of Benares on those very terms which he asserts to be so dangerous and impolitic, which in direct contradiction of all his former principles and opinions he now did ? He placed at the head of it, as I have already stated, a Raja without power, dignity or revenues. To the naib or guardian he gave the admi- nistration of the country, without any efficient power to conduct that administration. The real and substantial power was given to a man of his own confidence, to the Resident, Mr. Markham. These were the first steps he took for the improvement of the Company's interests. The rest were not more likely to promote them. The next thing he did, was to grant a considerable part of the revenues he had thus violently and unjustly assumed in pensions to persons who had been useful to him, as he tells us, in the late commotions. This was the second step he took for the improvement of the Company's interests* The third, was to grant a monopoly of the saltpetre and opium of the province, together with the mint which he has himself told us was a symbol of sovereignty, but which he did not give for that reason, I believe, but because it was a place of great profit to the Resident. My Lords, these were the next steps he took for the improvement of the Company's interests. The last, was to impose a grievous burden upon the country which it could not bear, and which, though it might, * The members of the Council of Calcutta uniformly opposed to Mr. Hastings were Colonel Monson, General Clavering and Mr. Francis. Of these, Colonel Monson died in September, 1776, General Clavering in November, 1777, and Mr. Francis returned to England in the year 1780, in consequence of ill health, resulting from a wound received in a duel with Mr. Hastings, fought on the 17th of August of that year. Speech of Mr. Grey. 297 according to his own principles, produce for the moment a 25 FEB. nss. large sum, must eventually tend to ruin the country and diminish its resources. He insisted upon a clear annual revenue of forty lacs of rupees, or 400,0007. of our money. It will be proved that, under the mild government of Bulwnnt Sing and his successors, this country, when every attention was given to its trade and its cultivation, had never produced more than forty-five lacs of rupees. How, then, was it possible, after the allowances to the Raja, the grant, pensions, the monopolies, and other deductions which I have stated, that it should produce a clear revenue of forty lacs to the Company ? It was impossible ; and Mr. Hastings seems himself to be sensible that it was impossible ; for, in consideration of the distraction and miseries that had prevailed in the province, which having been the theatre of a civil war certainly must be supposed a little deficient in cultivation and in prosperity, on these considerations he granted for the first year a deduction of six lacs, and promised a deduction, not so great as that of the first year, but a deduction upon the gross revenue of forty lacs at a subsequent period, whenever the Company's affairs should be able to afford it ; provided the minister in the meantime was punctual in the distance of his payments of the revenue. This revenue, however, could not be produced, and upon ThcRajaand its falling in arrear the new Prince and guardian, or minister, deposed? was deposed without ceremony, and with as little thrown into prison. The power of making his collections,, and enforcing the payment of any balances that might be due to him was by this means taken from him. He was not even allowed to be heard in his defence, although the Rani, and his son the Raja, wrote the most earnest supplications to Mr. Hastings, intreating an inquiry, and throwing the blame which had been imputed to them upon the Resident. To give your Lordships a fit idea of the nature of these supplications, I will read the letters to your Lordships. [Mr. Adam read the copy of a letter received the \5th December, 1782, and likewise a petition from Raja Mehip- narain.*~\ "FROM THE RANEE, WIDOW OF RAJAH BULWANT SING. Letter of supplication " I and my children have no hopes but from your Highness, and our in behalf of honour and rank are bestowed by you. Mr. Markham, from the advice * he R f l ,> a ~~ Baui. * Printed in the " Minutes of the Evidence," &c., p. 303. 298 Opening of the First Charge Benares : 1 25 FEB. 1788. of my enemies, having protected the farmers, would not permit the ~~ balances to be collected. Baboo Dirgbejey Sing frequently before desired that gentleman to show his resentment against the people who owed balances, that the balances might be collected, and to give ease to his mind for the present year, conformably to the requests signed by the Presence, that he might complete the bundebust ; but that gentleman would not listen to him, and, having appointed a muteseddy and taveeldar, employs them in the collections of the year, and sent two companies of sepoys, and arrested Baboo Dirgbejey Sing upon this charge that he had secreted in his house many lacs of rupees from the collections, and he carried the muteseddies and treasurer, with their papers, to his own Presence. He neither ascertained this matter by proofs, nor does he complete the balance of the sircar from the jaidads of the balances. Right or wrong, he is resolved to destroy our lives. As we have no asylum or hope except from your Highness, and as the Almighty has formed your mind to be distributor of justice in these times, I therefore hope, from the benignity of your Highness, that you will inquire and do justice in this matter, and that an ameen may be appointed from the Presence, that, having discovered the crimes or innocence of Baboo Dirgbejey Sing, he may report to the Presence. Further particulars will be made known to your Highness by the arzie of my son, Rajah Mehipnaraim Bahader." Letter from "ARZIE FROM RAJAH MEHIPNARAIN BAHADER. 3Iehipna- rain him- j b e f ore this had the honour of addressing several arzies to your Presence, but, from my unfortunate state, not one of them has been perused by your Highness, that my situation might be fully learnt by you. The case is this : Mr. Markham, from the advice of my enemies, having occasioned several kinds of losses, and given protection to those who owed balances, prevented the balance from being collected ; for this reason, that the money not being paid in time, the Baboo might be convicted of inability. From this reason all the owers of balances refused to pay the malwajib of the sircar. Before this the Baboo had frequently desired that gentleman to show his resentment against the persons who owed the balances, that the balances might be paid, and that his mind might be at ease for the present year, so that the bundebust of the present year might be completed ; adding that, if next year such kind of injuries and protection of the farmers were to happen, he should not be able to support it. But that gentleman did not reprove the owers of balances, and with respect to the satisfaction for the present year he said that he could not at this time do it. From this reason so great a balance to the sircar still remains. Besides this, upon the false representations of my enemies, that gentleman said to the Baboo : ' You have secretedin your house several lacs of rupees from the collections, and do not pay the balance to the sircar.' The Baboo requested that this matter might be properly inquired into ; but that gentleman, without ascertaining it, appointed a muteseddy and a treasurer from his own sircar for the collec- tions of the present year. Afterwards, on the 4th of Zeheidja, he sent an English gentleman with two companies of sepoys, who put the Baboo under arrest. At the same time he threw the muteseddies and treasurer, with their papers, into confinement, and brought them to his own Presence, and told me that orders had come from the Presence for a new naib, and that I must appoint Jagger Deo Sing naib to furnish the bundebust of present year, and that having settled Speech of Mr. Grey. 299 .this point with the Ranee I should return. I gave him a proper answer, and 25 FEB.17S*. again went to the Presence of that gentleman, and, conformably to the directions of the Ranee, I said to him that, ' with respect to the naibut of Jagger Deo Sing which he had ordered, I was now myself able to attend and manage the affairs of the sircar, and that the Ranee did not consent to or approve of a naib that it would have been incumbent on him first to have proved the crime of Baboo Dirgbejey Sing, and then confine him; and that this would have been proper, because, in the room of all the ranks and honours bestowed upon him by the Presence, from the event, disgrace and injury without bounds had come upon him that now, from the carrying the muteseddies and treasurer, with their papers, to the Presence, no secrecy remained. If this matter should be carried to the proofs, the Baboo is entirely guilty ; but in case of his innocence let the guard be taken off, and then the affairs of this year may be fully discussed.' Mr. Markham replied that he would again write this matter to the Presence. " My master, I do not know what he may have written to your Presence. I therefore have represented fully my distressed situation. My only hopes are from your Highness. My honour and rank are bestowed by you. Mr. Markham, having written false complaints to He demands your Presence, has brought me to this situation, and has thrown the concerns of this year into incompletion and ruin. I am therefore hopeful that an ameen may be appointed, who, having inquired into the crime or innocence of the Baboo, may inform the Presence and may compel the owers of balances to pay the balance of the sircar. You have approved of the concerns of the present year being completed by me. Favour me so far as to prevent the injuries and protection of the farmers from that gentleman, and that I may remain firm, conformably to the requests signed by the Presence, that I may complete the malwajib of the sircar with ease." My Lords, you have now heard this letter, and the grounds The appii- . 'f L J J J T\ 1, ! cation foran upon which an inquiry was demanded, lo these appli- inquiry not cations, however, Mr. Hastings did not think fit to pay any M attention. He had already received accusations from this ings> very Resident, alleging against the minister charges of pecu- lation and embezzlement, which, without inquiry, " for good and sufficient reasons," as he tells us, he believed, and entering into a private correspondence with the Resident which he did not communicate to the board for some months afterwards, contrary to his duty, upon the plea of his being at too great a distance at Calcutta, although he was only at Nia Sirau, a place not above twenty-five miles distant he presumed of his own usurped authority to order another change to be made in this government, by the depo- sition of the present minister and the appointment of another person to succeed to Jiis station. The breach of his duty in not entering these things on the minutes is what I here allege against him as the least part of his crime. What I urge as the great material point is the 300 Opening of the First Charge Benares: 25 FEB^i783. Hisinjus- th(f payments Second ap- plication of the guardian and Imprison-* 1 ment. inhumanity and injustice with which the whole of this pro- ceeding is marked. For would your Lordships think it sufficient to say, sitting in your judicial character on this solemn process, without any examination of witnesses, any regular mode of inquiry, or any form or appearance even of investigation would you think yourselves justified to say that you had good and sufficient reasons to believe the alle- gations of one party against the other, and so, without any farther ceremony, proceed to judgment? So far from doing it yourselves, your Lordships would be shocked at the idea of any other persons acting upon so wicked and flagitious a principle. But yet precisely such was in this instance the conduct of Mr. Hastings. The minister begs to be heard in his defence ; throws the blame that is imputed to him on the Resident ; and only solicits a fair and impartial inquiry. These complaints are contradicted by assertions on the part of the Resident ; and, without further form or process, and without any inquiry or investigation of any kind by which the truth of these assertions could be substantiated, they are to be substantiated for good and sufficient reasons which Mr. Hastings does not even think it necessary to communicate; and so ends the business. He did not even inquire whether the minister was really anc ^ truly in arrear or not. His former payments had been made with what is thought sufficient punctuality in that country. One month was paid under another ; a pnrt even of the last payment had been discharged, and for what re- mained due, if any did remain for some was paid after he was imprisoned he claimed a deduction, which Mr. Hast- ings indeed refused ; but at all events I will prove the amount of the sum for which the deduction was claimed, and which was all that then remained in arrear, not to have been near so great as that by which Mr. Hastings had over- rated the revenue. The minister was released from his first imprisonment, _, ....... . and went to Calcutta again soliciting inquiry. He was again refused ; thrown a second time into prison ; and his property confiscated to make good a payment which docs not appear to have been really due, and which at all events the country could not have borne. Such was the justice of Mr. Hast- ings, and such the principle upon which he tried, and con- demned or acquitted, others. He appoints a man to the administration of a great province in a time of peculiar distress and difficulty ; he exacts from him an exorbitant Speech of Mr. Grey. 301 revenue which the country cannot afford ; and because that 25 FEB.ITSS. revenue cannot be punctually paid he throws him into prison, Avithout inquiry, and pursues him even unto death. His life, he says, in one of his letters to Mr. Markham, shall answer for a default of payment : and so it did. He His d observed, upon the very first view of it, how closely and duced - strictly the evidence applies to the charge, and how com- pletely the evidence which the Commons have adduced upon this charge proves everything which was asserted by the two gentlemen who opened this charge to your Lord- ships. And indeed it would be almost sufficient to say that everything which they have asserted has been proved to your Lordships by strict legal evidence evidence admitted because it was impossible that such evidence could have been rejected. u 2 308 Summing of Evidence on the First Charge Benares : 11 APB.178S. j n the course of the evidence, the Commons have pro- Evidence duced to your Lordships every account of the transactions derivedfroin i TI i i i r i ^i Mr. Hast- respecting Benares which has been given by the person m)?s< standing at your Lordships' bar, during the whole period of the time while he continued Governor General of Bengal. They have produced the account of the state and situation of Raja Bulwant Sing and Raja Cheyt Sing, which he gave in the years 1772 and 1773, when he finally renewed and confirmed the rights of that Prince, then holding under Suja- ud-Dowla. They next produced the accounts which he gave of the rights and the situation of that Prince, when he again renewed and confirmed them by ne\v grants and new additions in the year 1773 [1775 ?]. Then they produced to your Lord- ships another account which he gave of the transaction, in a narrative which he made of his proceedings at Benares a narrative made for the purpose of justifying the violence and the atrocity of that act. And, last of all, they have produced to your Lordships the account which he gave of the transaction when he chose to come forward, voluntarily and at his own petition and by his own desire, to the House of Commons, to state what he had done, and to justify that measure which, upon the first face of it, appeared to be so violent. If all these accounts agreed in all the particulars, the task I have would be easy indeed ; but, as it happens that every one of these accounts is at variance one with the other, I am afraid I shall be obliged, in the course of what I have to say to your Lordships, to take up some part of your Lordships' time in comparing these different accounts with each other, for the purpose of showing to your Lordships that every justification which has been set up of this measure every attempt which has been made to palliate it every attempt which has been made to fix crime upon the Raja every attempt which has been made to find any justification of any sort for the conduct of Mr. Hastings was, from his own accounts, within his own knowledge, unfounded, at the very time that such justifications were made. The first piece of evidence which the Commons presented to your Lordships, after proving the general allegations of the preamble, was applicable to that which properly forms the want Sing. fl rg Dranc h. of the charge I mean with respect to the situa- tion, the rank, the character, and the first connection of the East India Company with, Raja Bulwant Sing. Evidence Speech of Mr. Anstruther. 309 Your Lordships must see, from that piece of evidence, that another assertion which was made by the two right honour- able gentlemen who opened this charge is strictly founded on the nature of the evidence itself. Your Lordships must recollect they stated that they did not mean to involve you in any questions of Indian law. They did not mean to call upon your Lordships to interpret laws with which you could not be supposed to be so perfectly conversant as you are with the laws of Europe in general and of the laws of your own country in particular. They called upon your Lordships to interpret English treaties, made by an English Governor, under the authority of an English act of Parliament. That is the whole case: that is all the question which your Lord- ships have to decide in this cause. Your Lordships will recollect that, upon the first part of the charge, respecting the rights of the Raja of Benares and the situation which he stood in with respect to our government, the first piece of evidence which was produced to your Lordships was a resolu- tion of the President and Council (as it was then called) of Bengal respecting the nature of the alliance, and the situa- tion with respect to our government into which they meant to place Raja Bulwant Sing, in the course of those wars in which we have been involved, and in the course of that war in particular against Snja-ud-Dowla in consequence of the revolt of Cossim Ali Khan.* In the month of December, 1764, Bulwant Sing, as Alliance of appears by the first piece of evidence, had made certain sing with offers to join our forces and to enter into an alliance with ofBengai b the then Nawab of Bengal, who wr.s connected with iis. He knew the instability of Indian faith, and he would not enter into that alliance with the Nawab of Bengal unless that alliance was confirmed by the English East India Company. The evidence states this that the Nawab (meaning the Nawab of Bengal) was very anxious that the treaty should be brought to a conclusion, and proposed to the General to set his seal to it upon the part of the English, without which the Raja would not enter into any engagement. This is transmitted by the General to the Council ; and he takes the opinion of the Council upon the nature of that treaty which he ought to enter into with him, and upon the stipulations which ought to be made binding upon the English govern- ment in that treaty. * S?e the " Minutes of the Evidence," &c., p. 10. 310 Summing of .Evidence on. the First Charge Benares: 11 APE. 1788, Guarantee of indepen- dence to Bulwant Bin*. Treaty of Allahabad negotiated by Lord Clive. I desire your Lordships particularly to attend to that paper ; for it is extremely important in this cause that the very first resolution which was made with respect to the Raja of Benares, when we had any idea of entering into a treaty with that people, was a resolution to protect and maintain Raja Bulwant Sing independent both now and hereafter. The very first condition of our first connection with him the first idea which was then proposed when entering into a treaty with him was to render him per- fectly independent both now and hereafter. In consequence of that resolution, which was communicated to the General, Bulwant Sing and his troops joined the army in the course of the campaign. The consequence of that was, what has been read to your Lordships in the course of this evidence, that the Directors of the India Company, who may be supposed to be good judges of that matter, at the very time and when the treaty was over, declared that Raja Bulwant Sing's joining with them at the time that he did was of signal service, and that the condition which they meant to give him of independence was well earned upon his part. Posterior to that period, Lord Clive, in the year 1765, arrived in Bengal, with those extraordinary powers which were indeed only fit to be trusted to so extraordinary a man. He arrived in Bengal, and he found the government one scene of confusion ; he found it engaged in projects ; he found it engaged in distant wars; he found it engaged in expensive operations ; and, as he describes it himself in one of his minutes, our troops marching half way to Delhi. The first great operation which that great man undertook was finally to fix and settle the political interests of India ; and he did it in that treaty which has been produced to your Lordships, called the treaty of Allahabad, which was one of the first pieces of evidence that the Commons produced to your Lordships on this charge.* And I wish your Lordships particularly to attend to that treaty ; for you will see the care, the attention and the w r isdom, of Lord Clive in that treaty, as applicable to all the different Princes of India with whom we were at all connected. He found, imme- diately after his landing at Calcutta, that British faith, British justice and British moderation, were in very little respect among the Princes of that country. He wished to plant the root of our dominion deep in justice, in modera- * Printed in the " Minutes of the Evidence," &c., p. 12. Speech of Mr. Anstruther. 311 tion and in magnanimity. To accomplish that great and u APB - 1788 - glorious end, the first object of my Lord Olive was to take hold of that which governs all mankind, public opinion to take hold of that public opinion by standing forth as the protector of the ancient hereditary monarch of that country, the Great Mogul, then existing in the person of Shah Alum. The next object of my Lord Clive was to give an instance of magnanimity, of moderation and of virtue, that should astonish the nations of Asia with respect to Europe. It was to restore to his dominions Suja-ud-Dowla the very domi- nions that Ave had conquered from him when he was our enemy. But that was not enough; it was not enough to lay hold of the hereditary prejudices of the natives ; it was not enough to impress them with ideas of our magnanimity and moderation ; it was necessary to impress them with ideas of our good faith and justice. He had an opportunity of Buiwant doing that by this treaty, and by that very article of that sessions 08 " treaty which was read to your Lordships, with relation to Buiwant Sing. By that treaty he carried into execution the original intention which he took, in the year 1764, of rendering Buiwant Sing independent. He made it a special article of that treaty that Buiwant Sing should retain pos- session of those territories which belonged to him ; and he guaranteed those territories by British faith armed with British power. My Lords, I have stated to your Lordships the first resolu- tion of making Raja Buiwant Sing independent. I have shown your Lordships that resolution carried into effect by the treaty of Allahabad under Lord Clive. That treaty gained this approbation from the court of Directors : " We approve of what you have done ; and we hope that the modera- tion and attention paid to all those who have espoused our interest in this war will restore our reputation in India, and that the Indian powers will be convinced that no breach of treaty will ever have our sanction." Then, my Lords, if it had stopped here ; if no other treaty had ever existed ; if no other act had ever been done by the British government ; I say the charge would have been just as strong against Mr. Hastings as it is at this moment ; for by the treaty of Allahabad we were bound to protect him and maintain him independent. But, my Lords, the Commons do not leave their evidence merely upon that. The treaty of Allahabad continued in force for a considerable time, without indeed any attempt 312 Summing of Evidence on the First Charge Benares : 11 Am. 1788. having been made to infringe it; and, previous to the change Succession f government which took place by the institution of the sin^on* Supreme Council, Chey t Sing had succeeded to his father ; the death of and, by the intervention of the British government, as your Bulwant T j /. -11 i, ,i i / T Sing. .Lordships will see by turning to the evidence, he Avas placed in the same situation that his father had been : and your Lordships will, in the course of that evidence, remark these singular words. The Council, writing home to their masters here, tell the Directors at home that he is considered as holding his situation exactly upon the same terms that his father did; that is to say, he is holding that situation under the protection and guarantee of that treaty of Allahabad which I have stated.* My Lords, so it continued till the year 1773 ; when Mr. Hastings, having some negotiations to settle and some business to do, which your Lordships will hear of in an after charge, proceeded from Calcutta to Benares ; and one of the professed objects of that journey was, as is stated u lie f2- to m the very instructions which he gave to himself, to renew Clieyt Sii'itr * of the stipu- in behalf of Raja Cheyt Sing the stipulations that had with hi* 1 been made with his father in consideration of his services. I desire that your Lordships would specially mark every word of the paragraph in those instructions; because it has pleased Mr. Hastings to deny every word of that para- graph in the course of some other parts of what 1 have to state, as your Lordships will see. 5Tour Lordships see that he went up for the purpose, not of conveying any new right to Cheyt Sing, but for the purpose of renewing his ancient right. Cheyt Mr. Hastings has stated in his Narrative, and stated in his Defence, that Cheyt Sing acquired the first legal title that ^ e ^ a ^ to ^ 8 & ^ u ^ lon fr m those articles in 1773. I quote of 1773. Mr. Hastings against himself he did nothing new in 1773 ; he only renewed, confirmed, those acts which had been already done. It has also pleased Mr. Hastings, in that Defence which is before your Lordships, to state that he did not know what services Bulwant Sing had done to the Company. Your Lordships see that, by the very instructions he gave himself, in the year 1773, he stated that those rights were granted to Bulwant Sing in consideration of those services which, when he comes before the House of Commons, he says he was ignorant of. * See " Minutes of the Evidence," &c., p. 37. Speech of Mr. Anstruther. 313 Having stated the objects of Mr. Hastings' journey to HAPIMTSS. Benares, at least in so far as applicable to the matter of charge before your Lordships, I wish to direct your Lord- ships' attention next to what Mr. Hastings did when he was in that situation. And there I desire your Lordships to look at those rights which he then granted to interpret those instruments according to the fair plain sense and plain understanding of the words. Mr. Hastings obtained from Conditions the Nawab Suja-ud-Do\vla certain instruments in favour o Cheyt Sing. Those instruments bear that no increase his tribute should ever be demanded. They bear that there should be no deviation whatever from this agreement. They bear and Mr. Hastings countersigns them according to the treaty of Allahabad that there never should be any breach or deviation. Words cannot convey ideas stronger than these do confirming, ratifying, guaranteeing, over and over again, the rights which were granted originally by the treaty of Allahabad. There was to be no deviation ; no increase whatever was ever afterwards to be demanded ; and there never should be the least breach in this agreement. What was that agreement, my Lords ? It was an agreement to pay a certain specific sum to the Nawab of Oude a specific sum and nothing else : it contains nothing else. Now let me call your Lordships' attention to a paper, which I shall be obliged to have recourse to again and again, referring your Lordships back to it as I come to the particular parts of the evidence which will require such reference I mean to the paper which is called Mr. Hastings' report of what he himself had done.* He says in that paper Protection that the ]N r awab of Oude had granted to Raja Cheyt Sing, ifa,stinp.s of upon the death of Bulwant Sing in the year 1770, ft kairi- Jg*$j? nama exactly of the tenor of that which was then granted ; oJ ^ 1 ^" 18 that the Nawab himself thought his act of little validity ; wab, in 1773. but Mr. Hastings, at that moment feeling all the force and operation of the treaty of Allahabad, thought that that act was of great and binding validity. The Nawab wished to do what Mr. Hastings afterwards did to take ten lacs of rupees from the Raja. Mr. Hastings refused to let him. The Nawab wished to seize the forts of the Raja. Mr. Hast- ings would not permit him to seize the forts of the Raja. And yet that very Mr. Hastings comes forwards afterwards and demands five lacs of rupees, stating himself to act under \ * Printed in the " Minutes of the Evidence," &c., p. 38. 314 Summing of Evidence on the First Charge Benares: 11 APE, 1788. the same authority that the Nawab of Oude did. Mr. Hast- ings seizes the forts belonging to the Raja of Benares, and tells you in his Defence that a person in the situation of the Raja of Benares could have no use for forts but for rebellious and disaffected purposes. Was Mr. Hastings in the year 1773 protecting Cheyt Sing in rebellion? Was Mr. Hastings in 1773 infringing the rights of the Nawab of Oude ? Was Mr. Hastings insisting against his legal sovereign that he should not take those things which his legal sovereignty gave him ? And yet Mr. Hastings comes now and tells your Lordships : Repudiation I n the year 1773 I disgraced myself; I prevented the iiastingsof Nabob of Oude from exercising his legal prerogative; I interference protected his subjects in rebellion ; I insisted that he should Cheyt sYnpf keep forts which he could keep for no other than disaffected and rebellious purposes : and now I desire you to judge me in this way. I have acted wickedly and cruelly in the year 1773 as against the Nabob of Oude ; and therefore, because I did so then I desire you to acquit me now as with respect to the Raja of Benares." Your Lordships will not admit of any such excuse. You will bind Mr. Hastings down to the interpretation he gave to those acts at the time he gave it. You will not take his interpretations at the times when it suited his purpose to give false glosses and untrue colourings to his acts. You will take them at the time he did them. You will take his explanation at the time. Answer to Another thing in this report is extremely material : it is Mr. Hast- ., . mi -,-> to . /. T> ir -a * ings' asser- this : The Raja of Benares, says Mr. Hastings, had BuvJant executed a kaulnama of the same tenor in the year 1770.* amfi wasan He also says that that kaulnama, executed in the year 1770, was of the same nature and the same tenor with that under which Bulwant Sing held. I desire your Lordships to remark this ; because it has pleased the person at your bar to take up a great portion of his defence in stating to your Lordships that Bulwant Sing was an amil only. I defy your Lordships by any possible construction to say that he was an amil, or that he was anything else than that which Mr. Hastings made Cheyt Sing in 1773. Mr. Hastings says the instrument that passed in 1770 was the same as that which now passed. That instrument passed in 1770 was * The sentence appears corrupt. The meaning intended is, probably, that the Raja of Benares had received from the Wazir of Oude in 1773 a kaul- nama of the' same tenor with that executed in 1770. Speech of Mr. Anstruther. 315 the same with the instrument under which Bui want Sing 11 APE. iiss. held. Therefore, if all the three instruments were the same, and if the last of those three instruments clearly establishes him a complete and perfect zamindar, it will follow that Bulwant Sing was a complete zamindar; because, by Mr. Hastings' own report, he held under the same right by a kaulnama by deeds of exactly the same tenor as those which passed in 1773. Your Lordships asked me, in the course of the proceeding?, whether I could show under what tenure Bulwant Sing held. I think I have proved, as completely as anything can be proved, that he held precisely under that tenure which Mr. Hastings now says was granted by him first, but which lie then said was precisely the same with that under which Bulwant Sing held. My Lords, having now done with those acts which passed in 1773, 1 must call your Lordships' attention to another piece of evidence, which as against the prisoner cannot lie it is impossible that it should that is, the interpretation which Mr. Hastings himself put upon those acts of the year 1773, after he had done them. This brings me down to the year 1775. In the year 1775 the Nawab of Oude wished to make A demand some extraordinary demands upon this man. He wished to ^aicftrom 1 " demand a sum of five lacs of rupees in advance. He wished the Ra J a f 1 I'lll -l 1 1 1 a P a y m eHl' that his tribute should be paid, not in the way in which it of tribute in usually had been paid, but that he should demand it in resisted by advance. He did not demand five lacs in addition, as Mr. ^g'J Iast ~ Hastings afterwards did ; all that he demanded was that he should be permitted to demand that tribute in advance : and your Lordships will observe that that payment in advance was a payment to be made to the East India Company. What was the conduct of Mr. Hastings upon this occasion ? " Though it is for the benefit of the East India Company, consistently with justice I cannot permit it to be done ; consistently with the obliga- tions I have entered into it cannot be. I direct the Resident at the court of Oude to remonstrate against such proceedings." And why ? As your Lordships will see by referring to the evidence in 1 775, which is in the 40th and 41st pages of the printed evidence, the reason why that payment was resisted was that it should not be a precedent. Rights may some- times be established by precedents : it is necessary to resist them in the first instance. It was resisted, and successfully resisted, by Mr. Hastings. It was successfully resisted by the Raja, under the guarantee Mr. Hastings had given him 316 Summing of Evidence on the First Charge Benares: 11 APB.1788. successfully resisted as against the Nawab of Oude, who was that sovereign which Mr. Hastings now tells your Lordships an Indian sovereign is, whose rights are everything and Cheyt Sing's rights nothing. Cheyt Sing was that zamindar who, Mr. Hastings now tells your Lordships, owed an unreserved and implicit obedience to every demand that was made upon him. If he did so, why in the year 1775 did he protect that zamindar? Be- cause there was a guarantee of the British faith that rendered Bulwant Sing independent that rendered Cheyt Sing independent, and prevented any sovereign, of what- ever rank, character, name or situation, he might be, from demanding either sums in advance or extraordinary pay- ments beyond that amount which was stipulated in the treaty. I desire that your Lordships would peculiarly look to that letter of the Resident from Oude, where he conveyed to the Board the information of what he had done upon that occasion. He tells the Nawab that the Board at Calcutta would not see the rights of their dependents infringed upon, and that he was not to consider Cheyt Sing as upon a footing with his other zamindars, because he was protected by the faith ^ a British treaty. What became of that treaty, when Mr. Hast- Mr. Hastings tells you he is a mere zamindar ? What he Rate's was in the year 1775 he was in the year 1781. If he was not in 1 775 a mere zamindar he Avas not so in the year 1781. If he was to be protected against his lord and master at that time, he was to be doubly protected against the East India Company ; because they had superadded obligations to protect him. The power, the sovereignty and the duties, of a guarantee were united in their persons ; and, by a strange logic which Mr. Hastings .uses, when both these duties were imposed upon the Company, both it seems were completely abolished. So far from superadding additional obligations so far from having a double tie upon them so far from being obliged to execute their duty as sovereigns and as guarantee both Mr. Hastings says, " I will neither execute my duty as a sovereign nor will I execute it as a guarantee : both are gone and abandoned ; and he is now in a situation the most abject that Indian slavery knows." My Lords, having now commented upon those acts in 1775 which, with the acts in the year 1773 and the treaty of Allahabad, I hope your Lordships never will allow for one moment to escape your recollection let us see, tracing it according to its order of time, what was next done with Speech of Mr. Anstruther. 317 respect to the rights of this person. In the year 1775, in HAPE.1783. the very same year in which he had been protected by sovereignty Mr. Hastings, upon the death of the Nawab of Oude, J5SSto negotiation was entered into by the East India Company the Com - for the purpose of a new treaty with the then reigning Prince. The effect of this treaty was to transfer the sove- reignty of Benares from the Nawab of Oude to the India Company. What the Nawab of Oude had he would convey; what he had not he could not convey. The Nawab of Oude held the state of Benares under the protection of a British guarantee. He could not convey to abolish that protection and to do away that guarantee. The Nawab of Oude had no right to demand sums in advance ; he had no right to take the forts ; he had no right to take ten lacs of rupees for his necessities. He could not convey a right to take those forts ; he could not convey a right to take that money. But I wish your Lordships particularly to attend to these proceedings in 1775 ; because it has pleased Mr. Hastings, both in his Nar- rative and in his Defence, setting all these proceedings at nought, to tell your Lordships, " I am not to be bound by any- Mr. Hast- thing I said or did at that period:" and why ? " Because "otbeing I was not in the majority of the Council." If Mr. Hastings h? s U o\vnacts had not been in India if Mr. Hastings had been in England, th^m^orit 1 and had gone out to India in the year 1778 he was bound as of the conn- an English Governor by the acts of an English government. C1 If Mr. Hastings was in the minority of the Council, and a measure Avas carried by any majority against any opinion of Mr. Hastings, Mr. Hastings was bound by the acts of that majority ; because the acts of that majority were the acts of an English government. But I shall prove to your Lordships and I state this now to call your Lordships' attention to the absolute falsehood of such a pretence that, so far from not being in the majority of the Council at that time, my Lords, they are his own pro- positions, his own acts, assented to, proposed, supported and argued upon, by himself at the very time. Your Lord- 0^$^^ ships will turn to page 44 of the evidence, where it appears ciimncgo- that, upon the death of the Nawab of Oude, the five gentle- treaty g with men who composed the Council agreed to meet, and each of i"^ azil% in them to propose their opinions in writing, with respect to what ought to be done with regard to the new treaty which was to be negotiated with the Wazir. Mr. Hastings indeed was of opinion that the old treaty was not expired ; the other members were of opinion that it was expired. When 318 Summing of Evidence on the First Charge Benares : 11 APR. 1788. that resolution was carried against him which was the only resolution that ever was carried against him in the whole course of the proceedings Mr. Hastings, in the same man- ner as the other members of the Council, comes forward and makes certain propositions and certain proposals for the purpose of that new treaty which was to be executed. Those proposals your Lordships will see upon the proceedings of the 13th of February, ] 775. The five gentlemen, each of them, proposed different conditions for that treaty, and almost all of them except Colonel Monson agree in this, that it be made an article of that treaty that the Raja Cheyt Sing should be rendered completely independent. And I beg that your Lordships would attend to this, because it is a consideration perfectly distinct from the person to whom he was to pay his tribute. Mr. Francis, Mr. Barwell and Mr. Plastings, all agree that the Raja of Benares should be rendered more independent than he was. Mr. Barwell expressly and explicitly states that the independency of Ghazeepore on Oude is a great political object and ought to be insisted on, whatever became of the payment of his tribute, whether he pays it to you or pays it to me. Whatever may be resolved respecting the revenue paid by the Raja, the English government ought not to stand in the same relation to it as the then Wazir. They want the English government to stand in a better relation to it than the then Wazir. Mr. Hastings then proposes that the perpetual and independent possession of the zamindary of Benares and its dependencies be confirmed not that it should be granted. Your Lordships will observe not that it should be given but that it should " be confirmed and guaranteed to Raja Cheyt Sing and his heirs for ever, subject only to the annual payment of his tribute ; and that no other demand should be made upon him." Such was Mr. Hastings' then opinion. And, to show your Lordships that that is a consideration perfectly distinct from the payment of his tribute, he next proposed that one half of his tribute should be paid to the Nawab of Oude, the other half to the English Company : and that is the only point upon which there was the least difference with him. The only point upon which the majority of the Council differed with him was upon how much of that tribute should be paid to the Company, and how much to the Nawab of Oude. They agreed that it was a fit and proper article of the treaty that he should be made independent ; Speech of Mr. Anstruther. 31 9 they agreed that it should be the subject of negotiation how UAPIUWSS. much of that tribute should be paid to the Company " Resolved that a demand be made for the tribute of Gauzipore." Your Lordships will observe that Ghazeepore and Benares both mean the same " Resolved that a demand be made for the tribute of Gauzipore, but that it be not considered as an absolute and indispensable article in the negotiation with the Nawah/'* Now, to show your Lordships how little these were the Guarantee propositions of these gentlemen, and how much they were dence e of n " the propositions of Mr. Hastings, your Lordships will perceive p^posed^y that, upon the 3rd of March, 1775, various questions Avere ? Ir - Hast- proposed, some by Mr. Hastings, and some as appears by the other members of the Council. But I should wish to call your Lordships' attention to the third of those proposals, which was made upon that day. Your Lordships will see that those propositions were questions made out of the minutes which had been given in by the different gentlemen, containing the different ideas of settling the state of this kingdom, The Governor General proposes the following questions : " Whether it should be made a condition of the new treaty that Raja Cheyt Sing shall exercise a free and independent authority in his own dominions, subject only to the payment of his tribute ? " Mr. Francis. Yes. " Mr. Harwell. Yes. " Colonel Monson. No, I think not. I see no advantage in it for the Company's interest. " General Clavering. Provided he pays his tribute to the Company, I think he should be rendered independent. " Governor General. Yes." Then your Lordships observe that this question, such as it is, is carried by the voices of Mr. Francis, Mr. Bar well and the Governor General, against the opinion of Colonel Monson, and with the opinion of General Clavering given under a condition. But your Lordships will observe that the opinions of these three gentlemen are clear, distinct, unequivocal, and unclogged by any condition whatever, that it should be made a condition of that treaty that the Raja should be rendered independent. The next proposal concerns the transfer of the tribute " That it shall be made an article of negotiation." And that negotiation ended in conveying the whole to the * See the " Minutes of the Evidence," p. 48. 320 Summing of Evidence on the First Charge Benares: 11 APB.1788. Company. And then they write and inform the court of Directors what they have done, stating those articles I have read as the fundamental propositions. As a matter of policy with respect to what ought to be done to the Raja of Benares, they agree that he ought to be made inde- pendent ; and then they submit to whom his tribute should be paid as a matter of negotiation with the Wazir. And your Lordships will particularly observe that that was the special proposal of Mr. Hastings himself, and carried by him and his friend Mr. Harwell, with the concurrence of Mr. Francis alone, and against the opinion in some degree of both the other gentlemen. Your Lordships too, upon the statement of this question, will observe another thing to which I shall have occasion by- and-by to refer your Lordships your Lordships will observe tnat ' Hastings, in the Narrative he has printed of his tribute and transactions at Benares, chooses to raise an argument upon whether it is a rent or a tribute that is paid by the Raja of Benares. What the argument would make, if admitted, I don't know ; because I cannot comprehend why a rent guaranteed, confirmed and stipulated for, is not tantamount to and exactly the same as a tribute : but I call your Lord- ships' attention to that argument to show you the strange and inconsistent mode in which this man reasons. He says in that Narrative : " Those who have been accustomed to regard Cheyt Sing as a vassal or tributary Prince may revolt at the idea of treating him with such cruelty, and call it an oppression. They will suppose nothing due from him to the Company but the payment of his stipulated tribute, and that the pledge of his exemption from every other claim." * How does he answer that question in the Narrative ? By saying " He paid no tribute to the Company, but a fixed annual rent." And now I refer your Lordships to the deliberate question put by Mr. Hastings himself, where he expressly states whether he should be rendered independent, subject only to the payment of a tribute. If anything could come from such a miserable argument as could be raised by a distinction between rent and tribute, that argument wants facts to support it. I will quote the authority of Mr. Hastings in the year 1775 against his own Narrative in 1781. He paid no tribute, says he, in 1781; he paid a stipu- lated rent. In 1775 he pays a tribute, says Mr. Hastings. * " Narrative," p. 9. Speech of Mr. Anstruther. 321 And I desire your Lordships will also attend to Ihis, that HAPH.ITSS. above twenty times in the course of these proceedings it is uniformly called by Mr. Hastings himself tribute, tribute, tribute ; and yet the whole argument in the Narrative turns upon the supposed distinction between these two words. These questions being then carried, it being agreed that he should be rendered independent and it being agreed to negotiate for the transfer of the sovereignty to the Company, I could wish your Lordships to attend to a letter which is indcpcn. received from the Resident, and which is inserted in page 50 of the printed evidence ; because that letter will show your Lordships] the sense and the principles upon which this negotiation was conducted : it will show your Lordships what tions - he thought at that time of the independent situation of the Raja of Benares : it will show your Lordships that he was not the mere zamindar of the Nawab of Oude : it will show your Lordships that the Nawab of Oude could not exercise authority within his dominions: and it will show your Lordships that the Nawab of Oude had little authority in those dominions in comparison with any other part of his country. And, since so much stress is laid upon succeed- ing to the rights of the Nawab of Oude, it is necessary to dwell upon this part, to show your Lordships what those rights were in the opinion of the very persons who are now sheltering themselves under them. Your Lordships will see that, upon the 17th of May 1775, Mr. Bristow sends to the Board at Calcutta an account of what he has done in conducting this negotiation ; and it contains a memorial or representa- tion which he gave to the Nawab of Oude, in order to induce him to come to this cession of his sovereignty. " It occurs to me that if your Excellency would grant the Company the revenue and perpetual jurisdiction of Rajah Cheyt Sing's zemindary, on condition of their protecting the countries of Oude, Corah and Allahabad, as specified above, and increase the sum formerly stipulated for the pay of the English troops, the English chiefs would probably consent thereto. The resigning them so small a district, from which your Excellency derives so little advantage, and where your authority is so limited in comparison of your other dominions, is a matter of no consequence to you." Is it possible or is it conceivable that any minister nego- tiating any treaty could assert such a fact to the prince with whom he was negotiating, if such a fact was not true? Would not the Nawab of Oude have said directly, " Why do you tell me I have no authority in that country ? He is my x 322 Summing of Evidence on the First Charge Benares; 11 APE. 1788. zamindar a mere zamindar. My authority there is as extensive as in any other part of my dominions. He is in the same situation as other Indian subjects. How dare you tell me I have no authority over the dominions of the Raja of Benares?" But this was said by the Resident uncontra- dicted by the Nawab ; and it was resigned to the Company because the NaAvab of Oude's authority was so limited there in comparison with his other dominions. Having now stated all the different situations in which the Raja stood with respect to the Nawab of Oude, and having concluded it with an assertion from the government of Bengal, acting through the'r representative, Mr. Bristow, at the Court of Oude, that his authority was extremely Reason for limited there in comparison with his other dominions, let me dwelling on ,, T i i > ' 1 T r> ,1 the rights of now call your .Lordships attention to the proceedings or the ing> government of Bengal posterior to the acquisition of that sovereignty, which is the last thing I shall have occasion to state upon the rights of the Raja of Benares. And I am so long upon this part, the rights of the Raja of Benares, because the prisoner at your Lordships' bar has chosen in that Narrative to take issue upon that question. He has chosen to turn the whole hinge of the cause in a manner upon it ; and he states, " if those rights are as he has represented, the Rajah is innocent ; if as I have represented them, he is guilty." My Lords I shall have occasion to state that if these rights are as he as stated them he is guilty. But, upon the present state of the argument, I am to show your Lordships that these rights do not exist in the way in which he puts them. Propositions Upon the transfer of the sovereignty of Benares. Mr. Has- of Mr. Hast- . . . . , , . T i T -i i ings respect- tings thought it his duty and here again 1 beg your .Lordships Govlmment to attend Mr. Hastings thought it his duty to come forward of Benares. w jth certain propositions respecting the government of that country. The principle upon which they are brought for- ward your Lordships will see in the observations upon the first of these propositions that is, that a certain proposal, which I shall mention by and by, would not frustrate the intention of rendering the Raja independent. Mr. Hastings then knew that, but a few months before, he had come to a vote that the Raja should be rendered independent ; and therefore he takes care that those propositions which in June 1775 he introduced to the Board should square with that resolution which he himself moved that is to say, that they should carry into effect the intention of rendering* him Speech of Mr. Anstruther. 323 more independent. Now what are those propositions ? n APE. ms They are : " That he should pay his tribute into the Company's treasury at Patna. ' That the Rajah shall be empowered to exercise a complete and uncon- trolled authority over his zemindary under the acknowledged sovereignty of the Honourable Company in the government of the country dependent on him, in the collection of the revenues, and in the administration of justice. " That sunnuds be granted to the Rajah, specially conferring upon him the power of appointing officers to the charge of the cutwally* and the mint of Benares ; the latter to be subject to such rules and regulations as the Governor General and Council at any time think proper to decree. " That, in return for these concessions, and for the performance of his duty as a vassal to the Company, the Rajah shall engage to main- tain in constant pay and ready at all times for immediate sen-ice a body of 2,000 horse, on such a fixed establishment as shall be prescribed by the Governor General and Council ; and that, whenever the service of this corps shall be required by the Governor General and Council, it shall be consigned to the command of such officer or officers as they shall appoint, and be allowed from the Company an additional pay or gratuity of 1 5 rupees per month for each private man, and in proportion for the officers of the said corps, during the time of such service. " That, while the Rajah shall continue faithful to these engagements and punctual in his payments, and shall pay due obedience to the authority of this Government, no more demands shall be made upon him by the Honourable Company, of any kind, nor on any pretence whatsoever shall any person be allowed to interfere with his authority or to disturb the peace of his country." f Every one of these propositions was expressly agreed to Reception by the majority of the Council, except that one in which he ^sitionVby is desired to do something in performance of his duty as a the Council, vassal to the Company. That he should pay his tribute at Patna is agreed to ; but it is proposed whether it would not be more convenient to pay it at Calcutta, and they to make him an allowance for it. It is agreed he should have the mint, the kotwali, and all the prerogatives attendant upon sovereignty ,for the sole purpose of " raising him to a state of power and dignity unknown to any of his ancestors," that the condition of his connexion with the Company should not be left open to future variations. But Mr. Hastings wanted something more. He stated that, in performance of his duty as a vassal, he ought to maintain a body of 2,000 cavalry. What say the majority of the Council to that ? " We have no right to make such a demand upon him: it would be in effect an increase of his tribute. We cannot call upon him to do it; we have no right to do it" say Mr. Francis and Mr. Barwell * Kotwali office of police. f Printed in the " Minutes of the Evidence," p. 52. x 2 324 Summing of Evidence on the First Charge Benares : it APE.1788. " it is an increase of his tribute : we cannot do it." What says Mr. Hastings then ? Does he then fight manfully upon the point that it is the performance of a duty as a vassal to the Company ? No, he gives it up : he abandons it : he says, " I only proposed it as an article of speculation." Then the only thing which Mr. Hastings insisted upon that the Raja should do in performance of his vassalage, as he states it, is that which they contradict him in, and which he gives up, and says, " I only proposed it as an article of the JCC ro? f speculation." I hope your Lordships will attend to the positions to principles, the grounds and reasons, why Mr. Hastings pro- Chqyt sing posed, and why the Council agreed to, all these proposals : indepen- jj. j^ ^. Q ren( ] ei . the Raja independent. The payment is to be at Patna, that it may not frustrate the intention of making him so. He is to exercise a complete sovereignty, to " raise him to a state of power and dignity unknown to any of his ancestors." He is to get the mint and kotwali for the express purpose of giving him ensigns of royalty ; and, because they have been a heavy grievance to him at former times, the Company are to exercise no more demands of any kind upon him and why ? Because, if they do, he will expect from every change of government additional demands ; and for this express purpose, " that the conditions of his connexion should not be left open to any future variations." Now what must Raja Cheyt Sing have felt upon that occasion? Must he not have felt that the services of his father had secured to him the favour of the East India Company ; that the duties attached to the East India Com- pany by the treaty of Allahabad were still considered by them as binding upon him ; that, so far from wishing to infringe or break in upon the duties imposed upon the India Company by that treaty, they wished to extend his rights, to carry further his prerogatives, and to "raise him to a state of power and dignity unknown to any of his ancestors "? Why was he to be raised to that ? That he might be a powerful ally and an useful, barrier. This man, who it is said can have no forts but for the pur- pcses of rebellion, is to be an useful barrier ; and lie who can have no troops, as we are now told, except for the purposes of rebelling against his sovereign, is to be an useful ally he is to be a barrier without forts and an ally without troops. Such is the construction Mr. Hastings now puts upon that agreement. Speech of Mr. Anstruther. 325 Let me suppose that, at that moment, any person who 11APE 1788 ' was an enemy to the British power in India had gone to the Raja, when he was exulting in all these new grants and feeling himself safe under the protection of old ones ; that they had told him " You know not these faithless people you have to deal with. They tell you they are to make you more independent, that they are to raise you to a degree of power and dignity unknown to any of your ancestors, and that the condition of your connexion shall not be left open to future variations. Mistaken young man ! The time will come when the very person who now says this will tell you that these very acts he is now doing, for the purpose of raising you to a degree of power and dignity these acts which are for the purpose of settling your rights beyond the possibility of doubt or variation these very acts reduce you to the mere state of a zamindar, where his power is everything and your rights nothing ; which reduce you to a state of implicit and unreserved obedience, even to the extent of your life and property. At some future day you will be told by that man and that very faith- less people 'It is true I said at that time I would raise you to a degree of power and dignity : you had sanads, pattas and kaulnamas, and the treaty of Allahabad : but those acts of 1775 are the very acts and deeds themselves which reduce you to that state of abject and miserable slavery.' " Would not Cheyt Sing have told a person who should have ventured to prophesy in that manner " I know everything that Hindu craft and intrigue can do ; I know everything that Persian perfidy can execute : I know every- thing that Tartar violence and the intolerant principles of a Mohammedan religion can do. But I cannot conceive that there exists in the world a nation so faithless, so perfidious, so wicked a nation, so little bound by the faith of treaties and by the solemn acts of their own government, as to con- tradict and cut up by the roots these very acts which they fraudulently, deceitfully and wickedly, hung out to me as raising me to a state of power and dignity unknown to any of my ancestors." I must here beg your Lordships' attention to one part of^^J^f what Mr. Hastings relies upon in that paper which he calls i )a >" his . . -r-x /. TT i tribute at his Defence. ie says that they assumed the sovereignty Benares meaning the then majority of the Council and he exercised 1 ol it; "they caused his tribute to be reserved at Ban ares : I would have it received at Patna.'' The gist of that argu- 326 Summing of Evidence on the First Charge Benares : 11 APR1788. ment, if there is any gist in it at all, is this that the appoint- ment of a Resident at Benares, and the alteration of receiving the tribute at one place rather than another, produced all this wonderful change in the situation of this person. If the argument means anything, it must mean that the paying it at Benares instead of paying it at Patna that the appointment of a Resident at Benares reduced Cheyt Sing from that high state of power and pre-eminence unknown to any of his ancestors to the mean and servile state of a mere zamin- dar. Then how will your Lordships be astonished when I tell you that the appointment of a Resident at Benares was the act of Mr. Hastings ; that the payment of the tribute at Benares instead of Patna was the act of Mr. Hastings! He now defends himself by charging these acts upon others, which I shall prove to your Lordships, by stating the evidence, were his own proposition and specific acts. the2of b Your Lordships will see that, in the year 1775, the then Mr. Hast- Council, not being able to ascertain the state of the coin at Benares, and for the purpose of conferring a dress of honour upon the Raja, deputed Mr. Fowke on an embassy to that Prince, and for the further purpose of conveying to him that degree of power and dignity which was unknown to any of his ancestors. Another object of Mr. Fowke's mission was to settle a mode for the remittance of the tribute. Your Lordships will also observe that Mr. Fowke was not the Resident at Benares, but was sent there for a temporary purpose only. And I state this from an authority that the prisoner at your bar cannot dispute ; because I state it from his own authority. The moment Colonel Monson died, Mr. Hastings declared that the purpose for which Mr Fowke had been sent to Benares was perfectly accomplished ; it was in the nature of it a temporary commission at first. Mr. Hastings, upon the 2nd of December 1776, expressly moves at the Board that Mr. Fowke be recalled from Benares and his commission annulled, the express purposes thereof having been accomplished. From that moment Mr. Fowke's commission was totally at an end. Mr. Benn told your Lordships yesterday that Mr. Fowke was not a Resi- dent; and your Lordships will observe that, in the year 1776, by the death of Colonel Monson, Mr. Hastings Appoint- acquired a majority in the Council. Upon the 23d of Fowke as r ' December, Mr. Hastings moved that a civil servant be s* at appointed to reside at Benares, for the. purpose of trans- Speech of Mr. Anstruthcr. 327 acting any occasional business that may arise with the Raja. 11APB - 1788 - That moment is the first appointment of a Resident at Benares. If it is a crime to appoint a Resident there if appointing a Resident there altered the situation of the Raja it was Mr. Hastings' doing ; Mr. Hastings, who gave him all those great prerogative rights, is the person who took them away, if it was done by appointing that Resident. One of the objects of Mr. Fowke's mission to Benares was to settle the terms of remittance. Mr. Fowkes did settle the terms of remittance. A paper was read to your Lord- ships yesterday expressly giving an account how those terms were settled ; and it was settled to be, not a payment at Benares, but at Calcutta ; and a consideration was given to the Raja for the difference of distance between Calcutta and Patna.* Upon the 1st of February 1776, a proposal was made to Cheyt Sing to remit his tribute to Calcutta, and fifty days' grace were allowed to him for the remitting that tribute. Upon the 26th of February 1776, Mr. Fowke informed the Council that the Raja had accepted the offer of paying his tribute in Calcutta, with an allowance of 2 per cent, premium for remittance. From that moment it was no payment at Benares, but a payment at Calcutta: from that moment the Raja had fifty-one days granted him for the purpose of remitting his tribute to Calcutta ; and in some after part of this cause I shall have occasion to direct your Lordships' attention to that. I only state it now for the purpose of answering that triumphant part of the Defence, " I would have had it received at Benares [Patna ?]. They did not make it received at Benares [Patna] : they made it to be received at Calcutta" [Benares ?]. If it was ever after changed to Benares, [Calcutta ?] it was Mr. Hastings that changed it. Therefore all that miserable defence which arises from the miserable difference of whether a sum of money is paid at one place or at another turns out to be, not only unfounded in argu- ment, but perfectly untrue in every fact upon which it rests. I have now finished what I have to address to your Lord- ships upon the subject of the rights of the Raja of Benares : and, having been so very long upon that part of the case, I shall think it my duty to be a good deal shorter upon the other parts of it. My Lords, under these rights, under these stipulations and under these powers, pre-eminences and prerogatives, * " Minutes of the Evidence," p. 71. 328 Summing of Evidence on the First Charge Benares : 11APB.1788. Mr. Hast- ings' plan for the defence of India in 1788. Cheyt Sing singled out for pecu- niary ex- actions. Raja Cheyt Sing continued to enjoy his situation down to the year 1778. In the year 1778 General Clavering and Colonel Monson being then both dead there was a great and strong probability, almost amounting to a certainty, from the information that Mr. Hastings had received, that war was declared between the two powers of France and England. Mr. Hastings, upon the 9th of July 1778, produced to the Board what he calls a general plan for the defence of India. If it were material to observe upon this plan, I should be at a good deal of difficulty to discover wherein the generality of the plan consists ; for it seems to me that the principal part of the plan is confined to the militia of Calcutta, to the fortifi- cation of the river, and to some other modes of impeding the enemy from making an attack upon Calcutta. I make that observation to your Lordships because Mr. Hastings men- tions it as a general plan of defence, as if it had been a general increase of establishment all over the country. The only person who had any pecuniary demand made upon him the only person who was desired to raise a soldier the only prince, zamindar, amil call him what you will upon whom any pecuniary demand of any sort or kind was made, was Raja Cheyt Sing. And I call your Lordships' attention to the plan, that you may see that it was upon him, and him alone, that any demand was made. Raja Cheyt Sing is called upon to furnish three battalions for the expense of the war. It is a little singular that Mr. Hastings should in his Defence state to your Lordships, that " there was no other person in the situation of Raja Cheyt Sing/' If Raja Cheyt Sing was the person whom I describe him to be, there were no other persons in the situation of Raja Cheyt Sing. But if Cheyt Sing was that person whom Mr. Hastings describes him to be a mere zamindar there were thousands in all our provinces, from one end to the other. There might be none so rich, so opulent, so able to pay so large a demand : but that there were zamindars without number and without end is a fact undoubted, and known perfectly well to all of your Lordships who know anything of the history of that country. If he was not in that circumstance, the levy was the most out- rageous one that was ever made upon a subject. It was a specific demand upon a single individual. If Mr. Hastings means to justify himself by saying that he made a general tax for the purpose of carrying on the war, why did lie not make it general ? Because there was no person in the Speech of Mr. Anstrntlur. 329 situation of Cheyt Sing. "Why? Because Cheyt Sing was " APR-ITSS. not in the situation Mr. Hastings describes him to be. Mr. Hastings says that there was no other person in the situation of Cheyt Sing. Either he must admit that there were no zamindars or that Cheyt Sing was not one of those zamindars. I call your Lordships' attention to this matter, which ^ai^'thc passed in the year 1778, for the purpose of stating to your exactions Lordships, from the authority of Mr. Hastings himself, that the P Councii. there was at that time a dispute upon that right. For, if your Lordships will look at the minute of Mr. Hastings himself, when Mr. Francis proposed a qualification to the motion, your Lordships will see that Mr. Hastings refuses to agree to Mr. Francis' qualification, upon this single and only ground, that there is a dispute about the right : " For," says Mr. Hastings, " perceiving that the difference in our opinion upon the subject arises, not from a disagreement respecting the requisition, simply considered by itself, but from a different understand- ing of the right of the Company to exact under any pressure of affairs more than the sum stipulated by the sunnud granted to Cheyt Sing and the cubbooleat [kabuliyat]* given by him in return, I must adhere to the question as it stands, wishing to avoid the question of right.'"f There was a dispute upon the right which Mr. Hast- ings did not choose to enter into. Mr. Francis expli- tly denied the right ; which is clear from this ; or Mr. Hastings must be talking absolute nonsense, and debating a question which was not before him But he refuses the qualification, because there was a dispute upon the right the right of Cheyt Sing being asserted by Mr. Francis. Your Lordships will observe that, from the first instant when that demand was made, it never had the acquiescence of that gentleman. That, in a moment of war, of peril and of difficulty, he did not choose to be over anxious, standing single in that Council, to dispute, to cavil, and to discuss rights, is a fault, if it is one, which I am sure no man would think a considerable one if it were true that Mr. Francis had not disputed the right. But the reverse is true : he did dispute the right from the beginning, and proposed a qualification to the motion ; which motion seems, if your Lordships attend to the evidence, to be introduced * A written agreement, especially one signifying assent. Wilson's "Glossary of Indian Terms." f Printed in the " Minutes of the Evidence," p. 67. 330 Summing of Evidence on tfa First Charger-Benares : 11 APK.U88. into the Council as if Mr. Hastings had obtained the consent of the vakil of the Raja at least to pay it for that year. The ground of right upon which that motion was founded was expressly disputed by Mr. Francis and asserted by Mr. Hastings ; and then, at that moment, Mr. Hastings again refers to the sanad and the kabuliyat, as if these had been the only rights under which Cheyt Sing held his Mis-state- country. And I desire here to call your Lordships' attention ^ectfng 6 " to that part of the Narrative where he states those rights rights' ili ng ' s which Cheyt Sing held. I desire to call your Lordships ings'^r- attention to it for this purpose ; because you will see how rative. falsely and untruly, upon every occasion, Mr. Hastings chooses to state the rights of that man. In 1778, he states them as if he had no rights but under the sanad and kabuliyat. He states them in 1781 ns if he had no rights but under that sanad and kabuliyat; he states them as if all the acts in 1773 were done away, as if all the interpretation of the treaty of Allahabad was done away, and as if every preceding act and confirmation which had been granted to him did not exist. And, for the purpose of supporting such an opinion, he pub- lishes in that very Narrative a false sanad, a false patta and a false kabuliyat. I say, my Lords, he publishes in that very Narrative as I can conceive for no other purpose than giving a false colour to that transaction a false sanad, a false patta and a false kabuliyat, and he inserts these words : " and that all preceding sunnuds shall be null and void, and of no force." Why, Mr. Hastings knew that that clause was expunged by Mr. Hastings himself, upon the objection of the Raja; and yet, at Calcutta, with those very consultations lying before him or they might be if he had chose in which that clause was expunged, he inserts in his Narrative a false account of it, by inserting that clause in it : which could be for no purpose that human ingenuity can conceive, except to give a colour to that idea, which he presses all along, that all former rights did not exist but were done away, and that the question stood merely upon those two instruments I have now alluded to. Demand of }[ y Lords, I will now go on with the demand in the year money made *. T i n i i -r -i i % upon Cheyt 1778. 1 shall not take up much of your Lordships time in 177!. m stating it, referring you only to the evidence, and stating this fact with respect to it, Mr. Hastings desires the Raja's consent to a demand for the war. The Raja's vakil gives that consent to a demand for one year only. And then Speech of Mr. Anstruther. 331 Mr. Hastings turns short round upon the Raja, and says, J 1 APE-ITSS. " You want to limit your payment to one year : then I demand it in five days." Mr. Hastings did not feel any pressure for the want of money ; but the immediate demand of a payment, all at once, was in consequence of a supposed idea that the Raja would not give it again. In that year, before any payment was made, Mr. Francis states his opinion. He says, " There is no question that the Rajah will yield to the power of this government, and I shall be as willing as any man to support its authority ' how long? '' as long as its power is supported by justice."* And God forbid the authority of any government should be supported when it is not directed by justice ! He then proceeds to tell you, that " If such demands can be increased upon him at the discretion of the superior power, he has no right, he has no property, or at least he has no security for either. Instead of five lacks let us demand fifty, and whether he refuses or is unable to pay the money the forfeiture of his zemindary may be the immediate consequence of it." Little did Mr. Francis know at that time that this very extravagant idea which presented itself to his mind, of demanding fifty lacs and his forfeiting his zamindary for not paying it, should suggest itself to the mind of Mr. Hastings. He puts it here as an argumentum ad absurdum. He states it as a thing so wildly ridiculous as that no man could conceive, that a demand so absurd an act so atrocious could be done. And yet in 1781 that very demand is made, and these very consequences follow from it. I shall only observe upon this, that this demand was not paid till pretty late in the month of October in that year. I shall next refer your Lordships to the then state of the treasury, to show that there was no pecuniary want at that time ; there being then, by Mr. Hastings' own account and confession, two millions in the treasury, which is stated in the argument either of Mr. Barwell or Mr. Francis to be a sum far exceeding all possible idea of demand. I next shall bring your Lordships to the year 1779. At ; Jj^*"^ the very beginning of the year 1779 the Raja expressly 1779. refers to the sum demanded of him in his patta : "It is now cheyt sing's absolutely out of my power to raise the sum required ; and I am therefore hopeful that you will be kindly pleased to * Extracts from Bengal Secret Consultation of the 28th September 1778. Printed in the " Minutes of the Evidence," p. 76. 332 Summing of Evidence on the First Charge Benares : 11 A j ^ > 1789 ' excuse me the five lacs now demanded, and that nothing may be demanded of me beyond the amount expressed in the patta which, through your favour, I obtained from the Honourable English Company."* The Raja expressly says, " Don't ask me for any more. I don't think you have any right to ask me for any more. Keep me to the sum expressed in my patta the instrument in which my tribute is stated. I am ready to pay that ; don't demand any more." Mr. Francis again explicitly says, " I never agreed to the right to demand these sums." And your Lordships will observe that upon this the single observation upon the delay of the llaja is made, which is to be found in page 90 of the Evidence: "We shall make but this short observation upon the conduct of the Raja, that, whether it proceeded from an apprehension of establishing a precedent for exceed- ing the sum of his annual and stipulated revenue or from a sense of independence, it was equally unreasonable." Is it unreasonable, my Lords, in a person who holds by a specific right to state his rights, and to say, " I am not bound to any more?" Is it ungrateful, or showing a sense of indepen- dence, to say, " You ought to be bound by the bargain which you have made with me ?" Is it extravagant, foolish or rebellious, to insist that Mr. Hastings should keep his agree- ments, that the acts of the English government should be uniformly guided by faith? Your Lordships will see that, in the month of September, Cheyt Sing again says he dis- charges his revenue according to his patta, and he hopes that this order will be revoked. Your Lordships will see in this evidence, which I shall not trouble you now by stating or rather by the piece of evidence read yesterday you will see that the demand was paid some time about the 20th of October in that year, after the payment of it had been compelled by a military force. And now I shall bring your Lordships down to the year 1 780, which is the third year of the demand ; because it is the nonpayment of that demand which Mr. Hastings grounds so much upon. Demand Your Lordships will see that, in the year 1780, the same J780. " demand was made upon him very near a month sooner than it was made the year before. Upon the 10th of August he paid one lac of rupees ; and between the 10th of August and the 7th of September he had paid another lac and 47,000 * Printed in the " Minutes of the Evidence," p. 89. Speech of Mr. Anstruther. 333 rupees. Now I would call your attention to the circum- n APE, irss. stances under which that payment was made. In the month of June 1780 Mr. Hastings had received right or wrong, I don't care which from the Raja, at Benares, two lacs of rupees. If he received it rightly, in fairness, justice and candour, he ought to have been credited for it in his ac- count, in payment of his subsidy. And if your Lordships will add that to the other two sums which I have stated, you will see that the whole sum, within 3,000 rupees, was that year paid a great deal sooner than upon any other year. If you take the two lacs given to Mr. Hastings in June, the one lac which was paid to the Resident and remitted to Calcutta in the month of August, and the lac and a half which was paid to the Resident between that and the 7th of September, they all together make within a trifle of five lacs of rupees. Take it in that way, and the whole sum was paid that year sooner than any other. But if you don't take it in that way, but say, " I will demand your subsidy and pocket your present into the bargain," you commit gross injustice, You don't give him credit for that which you take from him you say in the way in which it is given (?) and you have rendered him less able to pay by taking that present. Mr. Hastings states that the great fault committed by Answer to the Raja was the non-remittance of the money to Maj Carnac's detachment ; and that, owing to the non-remittance of that money, Major Carnac's detachment fell into great difficulties at the place where they were. Your Lordships Major Car- will observe that, of the Raja's tribute, one lac was sent to na Calcutta in August, [and] a lac and a half was paid to the Resi- dent at Benares in the beginning of the month of September : and, by the letter of the 18th of October, it appears that that money lay in the Resident's hands from the 7th of September till the 18th of October. And therefore, if Major Carnac's detachment suffered anything for the want of that money, it is the grossest injustice and the most scandalous cruelty to impute that which was the fault of the Resident to the Raja ; for the money lay in the Resident's hands from the beginning of September till the 18th of October. When it was remitted I know not ; but I know it was not remitted in September ; and therefore it was the Resident's fault and not the Raja's if that money did not go to Major Carnac if it was ever intended it should go to Major Carnac, and it was the 7th of September before 334 Summing of Evidence on the first Charge Benares : of the noii- Councii. any order was given to the Resident to send the money to Major Carnac. Therefore the whole blame, if any there was, lay upon the Resident and not upon the Raja. And here I must call your Lordships' attention to another strange assertion which is to be found in this paper, which is called a Narrative. Mr. Hastings says that, " in the year 1780, Cheyt Sing was extremely dilatory in his payments, and he did not make them till there was an order of the Board for the march of a detachment for the purpose of compelling him to it ; this order had a principal effect in bringing him to compliance, I believe/' How will your Lordships be astonished when your hear that the whole pay- ment of the five lacs was made and finally completed two days before any such order existed ! The whole payment was completed on the 18th of October, at Benares, and this order for marching the detachment only existed the 20th of October, at Calcutta. And yet Mr. Hastings, in his Narrative, for the purpose of loading and oppressing this man for the purpose of throwing blame upon him which he does not deserve in order to make it appear that he was induced to pay by marching a military force transposes the two dates; whereas your Lordships will see that the payment was made two days before the date of the order issued at Calcutta, and therefore it is physically impossible that this order could have a principal effect, as Mr. Hast- ings states in his Narrative, of bringing him to a com- pliance. Now, having done with these three payments, I have only to state to your Lordships that, whether the demand was just or unjust, whether it was made under an actual right, under a disputed right, or under no right at all, the payment was ma( ^ e u P on the 18th of September 1780. From the 18th of September 1780 till the date of this Narrative, you never hear a complaint against Cheyt Sing from ^ r - Hastings. If this non-payment was in effect a circum- stance so atrocious, so violent, and indicated rebellion so strongly as Mr. Hastings has stated it, how comes it that the records of Calcutta are silent for a whole year upon the subject ? at least within six weeks of a whole year ; for, from the 18th of October 1780 till you find Mr. Hastings at Benares in 1781, you never hear one single word of all this violent, this rebellious, behaviour that is now pretended. Mr. Hastings carefully keeps it out of the records. Not a whisper of discontent, not a mention of his name in the Speech of Mr. Anstruther. 335 whole proceedings, till you find it mentioned as a justifica- tion in the course of this Narrative. And let me call your Lordships' attention to another circum- stance. In the year 1780 a demand was made for such a num- ber of cavalry to be supplied by the Raja. I shall not go into the discussion whether the demand was right or not. I have a right to argue, from what passed in 1775, that the demand was violent and unjust, and that it was not even consistent with the terms which Mr. Hastings had proposed in 1775. But this I have to say, that, be it what it would, in spite of all that he has said upon the subject, the demand was complied with literally, in the terms in which it was made. Mr. Hastings would have your Lordships to believe that Demand of a demand was made by the Board of 2,000 cavalry. No ca such demand was made. A demand was made upon the Raja for as many cavalry as he could spare. He wrote Mr. Hastings an answer, telling him he could spare so many. This so many he offered he furnished they were ready. That letter Mr. Hastings never answered, and he expelled him from his dominions for complying literally with the order of the Council. This demand of cavalry was made early in 1780, and in the whole course of proceedings in Calcutta, from Sep- tember 1780 till the time that this Narrative is printed, there is not one word of this wonderful contumacy of Cheyt Sing in not complying with those demands. Can I have a stronger argument to prove that Mr. Hastings did not think that he had all these rebellious intentions? that he did not think anything of this little delay of payment ? that he did not think anything of this not complying with the demand of 2,000 horse which was made by Mr. Hastings, but not authorised by the Board ; for the Board only authorised to call upon Cheyt Sing to furnish as many as he could spare. One would expect to find upon the records, in the course of that year, some complaint some minute some conversation between Mr. Hastings and his friend Mr. Wheler respecting this supposed contumacy of the Raja. Not one word 'of it in the whole records of Calcutta till after the publication of this Narrative. I desire your Lordships, too, to attend to the act which ^.^f. 1 " Mr. Hastings did previous to his going from Calcutta. I mites on MS ill T J !_ VT- u i e ^ journey to troubled your Lordships with hearing a minute read or the Benares 21st of May 1781,* and another of the 3d of July 1781, * Printed in the " Minutes of the Evidence," &c., pp. 536, 537. Cheyt Sing's rebellion. 336 Summing of Evidence on the First Charge Benares; 11 APB.1788. from Mr. Hastings, stating the reasons, objects and inten- tions, of this journey he Avas to take to the province of Benares. I read those papers for this purpose, that I could not conceive, if a great Governor of your empire in the East is stating to his fellow councillors the object of an extraordinary commission at least and if a great member of your empire is in almost a state of actual rebellion, of treachery, of betraying you to your enemy, and of sub- verting entirely, as Mr. Hastings calls it, your power, and erecting his own independence upon its ruins I cannot conceive that, if Mr. Hastings at that time thought that such a thing existed in the mind of Cheyt Sing, these ofche W t rd mmutes > stating the object of his journey to Benares, should sing's dis- have been totally silent upon the whole subject. The affection i i p .1 , , ,1 / appears in principal object or that journey is to visit the province of the minutes. " 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, Asoff-ud-Dowla, having earnestly entreated the presence of the Governor General, and declared that unless some effectual mea- sures are taken for his relief he must be under the necessity of leaving his country and coming down to Calcutta, to represent 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 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 whicht he province of Oude may in time be restored to its former state of affluence, good order and propriety." I have read that to your Lordships because the object which Mr. Hastings professed in that minute he never accomplished. Those things which he has not professed in that minute he did accomplish. And therefore I have a right to argue that, when a man conceals his real purpose and does not execute his ostensible purpose, there is some fraud, some deception, some design at bottom, which he does not choose to trust upon those minutes upon which it is his duty to put every design he has. He states in his minutes that the object of his journey is to make a minute and personal observation of the circumstances of Oude; to acquire a knowledge of the character and conduct of the persons employed. He never entered the province of Oude. The Nawab met him ; stayed a few clays with him at Chunar. He never inspected the state of it. He had no opportunity of gaming any personal knowledge of persons Speech of Mr. Anstruthcr. 337 concerned in the management of it, except that three or four HA.PR.179S. days he stayed with him at Chunar. He never executed the purpose he professes ; but he did execute another pur- pose which he has carefully concealed from the minutes. And I desire your Lordships especially to attend to these things which he calls credentials. He there introduces the word Benares, and he there hints in the credentials not in the reasons he gives for his journey that it is probable he may go through the province of Benares that he may have something to do there. What ? " to form an arrangement consistent with the mutual engagements subsisting between the Rajah and the Company." Is this the language of a man who believes that the person he is going to see is in a state little short of actual rebellion ? If the greatest of your subjects is in a state little short of actual rebellion if he has collected troops if he has built fortresses if he is in correspondence with your enemies would you, if you are in your senses, talk of forming an arrangement consonant to the mutual engage- ments subsisting between you ? Is that the language of a man who believed that there was at that time a rebellion in the contemplation of Cheyt Sing ? My Lords, having stated Mr. Hastings' journey to Be- Extraordi- nares, I desire your Lordships would look at that extra- assumed by ordinary power which he took to himself a power absolutely ing inconsistent with the very nature of the office which he held, Instead of establishing one Governor General and Council, he made two. He established Mr. "Wheler at Calcutta, with all the powers belonging to the Governor General and Council, absolute and uncontrolled. He established him- self, with all the powers belonging to the Governor General and Council, without the provinces, absolute and uncon- trolled. He Avho is sent there to deliberate and consider in Council bound himself to approve of every act which Mr. Wheler did: Mr. Wheler bound himself to approve of those acts which Mr. Hastings should do : and the whole power of the Governor General and Council existed at one and the same moment in two places. According to this mode of proceeding, you may have five Governors and Councils in five different places, each possessing the whole power of Governor and Council, and four out of the five absolutely giving up their opinion, binding themselves to approve the acts which should be done by one and one only. 338 Summing of Evidence, on the First Charge Benares: 11 APE. 1788. j^ ot on | v t ^- g ^ my L or j s> k u t he took to himself a power Assumption an( j authority absolutely inconsistent with the nature of of military _' ! i i i i 7^ authority, his office I mean military authority ; which the Governor General is expressly forbid to do in his instructions. He is self-elected Generalissimo of all the troops of the East India Company that were beyond the provinces, that is, beyond the river [Ganges] and then, having taken to himself this extraordinary power and authority, he sets out upon this journey from Calcutta, as your Lordships will see, not putting upon any minute any one intention that he had to execute respecting the Raja of Benares, not saying one word about it upon any official proceeding in the government of which he was governor. against Now your Lordships will attend to a strange incon- crfi^ftatcd 8 ^ stencv which there is between the different arguments rebellion, which Mr. Hastings has at different times used in defence of this measure. He says, in the 7th page of that paper which is called a Narrative: " These instances of contumacy and disobedience, criminal as they were in themselves, and aggravated by the extreme and known distresses and dangers of the superior state to which he owed, not only personal fealty, but every voluntary aid which all the resources of his zemindary could contribute, appeared to me of less consideration as such than as they were evidences of a deliberate and systematic conduct aiming at the total subversion of the authority of the Company and the erection of his own independency on its ruins." He then says that Cheyt Sing had inherited a vast mass of wealth ; that he had fortresses ; that his tenants treated the English passengers with inhospitality, and that he main- tained a correspondence with the Mahrattas and other powers, who either were or might eventually become the enemies of our state, and, if the disaffected zamindars of Fyzabad and Behar were not included in the report, which I do not recollect, we have had woeful proof that there was equal room to have suspected the like intercourse between them and, lastly, that he was collecting or had prepared every provision for open revolt. Every evidence of a perfect, deliberate, systematic, con- duct, aiming at independency and the subversion of our government, which Mr. Hastings has stated in this Narra- tive, was perfectly and completely known to him before he left Calcutta ; and if Mr. Hastings then thought, as he says in this Narrative he did think, that they were the evidences of a systematic conduct leading to an open rebellion then why did he leave Calcutta in the manner he did ? To a Speech of Mr. Anstruther. 339 person aiming at your subversion, do you go upon a friendly ll ^-ra/ms. visit with the company of a few sepoys ? Do you make no preparation against his revolt ? Do you assemble no troops ? Don't you deliberate with your colleague upon the conduct which you ought to hold towards him ? I say, from the want of these circumstances in the conduct of Mr. Hastings it is physically (?) impossible that it can be true that he then believed Cheyt Sing aimed at a total subversion of our dominion. It cannot be true ; because, if it had been true, no man out of Bethlem would have acted the part Mr. Hast- ings has acted. As to the other part of the charge insinuated, that he Ofcorre- o s ponclciicc maintained a correspondence with the Mahrattas and other with the powers who either were or might eventually become the enemies of our state, I defy Mr. Hastings to produce a shadow of evidence of it. He has roundly asserted it in this Narrative. I have read it from beginning to end ; I have read every paper which it has relation to ; and a tittle of evidence of such a charge I cannot find. If it exists, let Mr. Hastings produce it. But I will tell your Lordships why it did not and it does not exist, because, says Mr. Hast- ings, in that paper which he calls his Defence, "at tho time I left Calcutta I did not believe him guilty of the premedi- tated project of driving the English out of India with which I afterwards charged him." And why did he not ? for he had all the evidence in his hand that he now has. You, Mr. Hastings, had all that evidence in your hand which you yourself in your Narrative state to be complete evidence of that systematic and deliberate conduct. Reconcile the Defence then with the Narrative. It is perfectly impossible. The Narrative grounds itself upon this that he saw the neces- sity of curbing the overgrown power of a great member of the empire ; that he saw evidence of a deliberate and sys- tematic conduct to subvert that empire. The Defence says, and says truly, that he did not believe him at that time guilty of the premeditated project of driving the English out of India, with which he afterwards charges him. But I will tell your Lordships of what he believed him guilty he believed him guilty of being rich; and the India Company at that time was poor. He believed him guilty of Resentment paying more attention to the British government than to dL the individual person of a British governor; and he thought * ^ that for a piece of personal disrespect a fine was sufficient cif ic 500,0007. is to atone for a little personal offence ; but expul- T 2 340 Summing of Evidence on tlie First Charge Benares: APE. ires, sion from dominions is only fit to atone for rebellion against the Company. My Lords, I don't state this without autho- rity ; I state it from the authority of Mr. Hastings himself. Says Mr. Hastings, in this paper which is called a Defence, which is at the top of the twenty-eighth page in the printed evidence : " So lonjf as I conceived Cheyt Sing's misconduct and contumacy to have me rather than the Company for its ohject, at least to be merely the effect of pernicious advice or misguided folly, without any formal design of openly resisting our authority or disclaiming our sovereignty I looked upon a considerable fine as sufficient, both for its immediate punishment and for binding him to future good behaviour." So long as it had me for its object so long as I was reveng- ing personal affronts of my own so long as I was departing from the character of a governor, and using powers for the purpose of revenging that which was mere personal disrespect to myself so long as I acted in that situation and in that character, a fine of 500,0007. was sufficient to atone for a piece of disrespect to me : expulsion is to atone for an offence against the government. He left Calcutta, he says, impressed with an idea that a strong power was necessary to curb the overgrown power of this man. If he had meant to expel him from his dominions he would have collected his troops have mustered his forces ; but, not going upon any public purpose, going to revenge this little insult to himself, con- ceiving the Raja's conduct had Mr. Hastings and not the English for its object, he then thought that a mere fine of 500,0007. was sufficient. My Lords, I say, upon his own authority, that he entertained then no serious thoughts of expelling him ; because no man could be so extravagant not even Mr. Hastings himself as to expel a prince from his dominions merely. for a piece of personal disrespect to himself. I have stated to your Lordships the motives of Mr. Hastings' conduct ; I have stated the duplicity of it ; and have shown from Mr. Hastings' own authority that he went to Benares merely to revenge a personal insult. I have shown that the defence he has set up in his Narrative of sys- tematic and deliberate conduct to overturn our dominions is untrue, and contradicted by his last defence. I have shown that he left Calcutta for another purpose than that which he professed, concealing his real purpose ; and Mr. Hastings, acting in that double manner and in that double charac- ter, leaves Calcutta and arrives at Benares. His first act Speech of Mr. Anstruther. 341 at Benares is to deliver a charge in writing against the HAPE.ITS Raja; which charge the Raja answered in terms respectful Mr. Iiast- and decent. Some parts he stated to be untrue ; upon other j"^.' r iti^ parts he offered sufficient matters in alleviation ; and, upon ^f c in t st sin the whole, all that he asked was an inquiry into the truth andtbe of the charges which had been made against him. If your ^ve?. 8 a ' Lordships read the charge, which is to be found in the Narrative, you will find that I have stated already the only charges which he had to make against him, to wit, the non-payment of that money at the time Mr. Hastings conceived he should pay it, and the non-remittance of the money to Major Carnac. I have stated already the false- hood of that charge, and that if the whole money taken from the Raja had been applied to the account of the Raja, his whole subsidy, within a trifle, was completely paid up. I gave in evidence to your Lordships yesterday a short paper of Mr. Hastings, in which he says that the whole extra expense of Major Carnac 's detachment could not exceed two lacs of rupees ; and he offered as his own that which was not his own at that time two lacs of rupees, to make it good.* The next charge is, Charge re- specting the " I required in the name of the Governor General and Council by requisition letter, and ordered Mr. Fowke to repeat the requisition in person, that 0) you should furnish a body of horse to assist and act with the armies of the Company; and, when Mr. Markham succeeded Mr. Fowke, I gave him an order to repeat the demand; which he did accordingly with frequent and almost daily importunity, limiting the number to 1,500, and afterwards to 1,000. To this demand you returned evasive answers; nor to this hour have you contributed a single horseman."f My Lords, the Raja completely and perfectly answers that charge ; and the only crime that I can find imputable to him upon the whole of this business is, that he dared to tell the truth in his own defence ; and that is the true reason why he was expelled. He says, " With respect to the horse, you desired me in your letter to inform you of what number I could afford to station with you, and I sent you a particular account of all that were in my service, amounting to 1,300, of which several were stationed at distant places ; but I received no answer to this. Mr. Markham delivered me an order to prepare a thousand horse. I complied as far as I could, I furnished 500, and I gave a sub- stitute, such as I had, for the rest. I told Mr. Markham they were ready to go where they should be sent. No answer came upon this head. I remained astonished at the cause of it."J * Minute of Mr. Hastings, 26th June, 1780. Printed in the ".Minutes the Evidence," p. 342. f Mr. Hastings' "Narrative," p. 16. % "Narrative," p. 18. 342 Summing of Evidence on the First Charge Benares : nApH.1768. Says Mr. Hastings, "to this hour you have not contributed a single horseman." Says the Raja, "the horsemen were ready. I wrote to you to know what I should do with them. They were there for you ; they are there for you now. You never gave me any answer to it. And now you charge me with never having furnished a single horsemen, because you would not take those I furnished. You change the terms of the demands of your own Government ; you demand move horse- men than I can possibly spare, because my troops are con- cerned in the collection of the country ; and, that being the case, I cannot furnish any more. Such as I have, there they are. You charge me with not furnishing them, \vhen they are there ready for you to take them if you choose it." Charge of The other charges he makes asrainst him he passes over. exciting dis- TT T , i /> T ordersfnhis He says, "I pass over other instances or your conduct, in government, w hj cnj through the means of your secret agents, you have endeavoured to excite disorders in the government on which you depend/' What is meant by that charge ? What proof there is of that charge, upon what it is founded, I profess myself totally, perfectly and completely, ignorant. For in no paper which Mr. Hastings has Avritten upon the subject, in no narrative, defence, minute or anything else, has he ever condescended to say what he meant by that paragraph. This I know, that the Raja says, " Excepting Abdullah Beg and his, none of my people, either dependents, or servants, or others in any shape connected with me, have ever gone to Calcutta," He gives a complete denial to every charge which has been made against him, and he concludes his answers with saying, " Now you are come to Benares, all I wish, all I desire, is, that, now you are here yourself upon the spot, you will take the pains to inquire into the matter your- self." Does Mr. Hastings take the pains to inquire ? No. That instant he disgraces him at the head of his government ; he refuses to see him ; and that instant he orders him into arrest under the custody of Mr. Markham. Circum- And Qow, my Lords, before I proceed further in this Mr^PoVife's Business, it is absolutely necessary that I should upon this removal part of the charge state how Mr. Markham came to Benares. nares.and Mr. Hastings refused, as your Lordships will see by the hIira?SJ" evidence, till Sir Eyre Ccote came out, to let Mr. Fo\vke, ^Resident. w ^ was a PP omte d by the Company, go as Resident to Benares. Upon the lith of January 1781, just before Mr. Hastings proposed to leave Calcutta, he removed Mr. Fowke, who was specially placed in that situation by the court of Speech of Mr. Anstruther. 343 Directors. And I wish your Lordships to attend to the HAPB.1788. principal grounds and reasons why he removed Mr. Fowke. Was it because Mr. Fowke was unequal to the duties of his situation? Xo. Was it because Mr. Fowke was not diligent and faithful in the duties of his office ? No. Was it because Mr. Fowke wanted honour, probity or ability ? No. But it was because he was put there by the court of Directors, and for no other reason whatever. And I state this to your Lordships from the authority of Mr. Hastings himself. He says, "Speaking for myself alone, it may be sufficient to affirm that Mr. Fowke is not my agent that I cannot give him any confidence that while he continues at Benares he stands as a screen between the Rajah and this Government, instead of an instrument of control, and that the Rajah himself, and every chief in Hindostan with whom we are in con- nexion, will regard it as the pledge and foundation of his independence. To Mr. Fowke himself I have no personal objection. I approve his conduct and esteem his character; and I believe that I might depend upon his exact and literal obedience and fidelity in the execution of the functions annexed to it. My objection I have stated above, and it is insuperable."* And, my Lords, for fear any imputation should rest upon the character of Mr. Fowke, he does the most extraordinary thing that I believe any Governor ever did he removes him ; and he proposes to give him the appointment of agent (as it is called) for the provision of all boats to be employed for the military services of this establishment, with an allow- ance of a commission of fifteen per cent, upon his disburse- ments. But there immediately occurs to the mind of Mr. Hastings an objection to this mode of proceeding ; and it is, that, when you give a man so much per cent, upon what he lays out, it is a great temptation to him to lay out more than is necessary. Mr. Hastings sees the objection ; he takes it, and he likes his plan, because it has the objection; for says he : " I propose this method in preference to a contract, because I am convinced from experience that the service will be better performed by this alteration, although it is liable to one material objection in its natural influence on his expenses. This is a defect which can only be corrected by the probity of the person who is intrusted with so important a charge ; and I am willing to have it understood as a proof of the confidence which I repose in Mr. Fowke." * Minute of AVarren Hastings, 14th January, 1781. Printed in the " Mi- nutes of the Evidence," p. 280. 344 Summing of Evidence on the First Charge Benares: 11 Am. 1788. Having said in the beginning of the minute that he had no confidence at aty in Mr. Fowke, at the end of the minute he transgresses the general principle by saying, " I wish to have it understood as a proof of the confidence which I repose in Mr. Fowke that I have proposed this appoint- ment in opposition to a trust so constituted." This man, who has no confidence at all in Mr. Fowke, concludes by making a proposal to prove his infinite confidence in him. Why is he to be removed from Benares ? Because he was a screen between the Raja and this government. If Mr. Fowke was all that Mr. Hastings describes him, how could he be a screen ? I will tell your Lordships how he was a screen. It was by that exact and literal attention to the duty of his station ; by all that probity and virtue which forced itself upon the conscience of Mr. Hastings, he was a screen between the Raja and the evil acts of this government. He knew the rights upon which the Raja stood independent ; he would not while there submit to Mr. Hastings' destroy- ing those rights at his will. In that sense he was a screen. He was not the dependent of Mr. Hastings. His faith, probity, honour, integrity, and exact and literal obedience to the orders of the Directors who sent him there, rendered him unfit for that situation when Mr. Hastings was going to Benares. If he had been a screen in any other way he could not be the man Mr. Hastings has described him to be. If he had been a screen against the just demands of govern- ment he would neither have been faithful, just, full of pro- bity, nor deserving that confidence which Mr. Hastings reposed in him. And therefore the only way he could be a screen was, that he would have protected the Raja from the oppressive acts of Mr. Hastings. Arrest of Then, having removed Mr. Fowke, he puts the Raja in arrest, under the orders and control of Mr. Markham, whom he had appointed with the assistance of Mr. Benn, whom he had sent up along with Mr. Markham. For what reason was the Raja to be put in arrest? Because he had ventured in the humblest manner to suppose he had a defence against the charges because he desired to be tried because he wished Mr. Hastings to inquire and because he stated the truth to Mr. Hastings in his answer. I have a right to say so; because Mr. Hastings himself tells you, in the same Narrative : " The Rajah, in his reply to the charges which I had made against him insists much on the many letters which he wrote to me, praying to be Speech of Mr. Anstruther. 345 dispensed from the orders of Government, and my neglect to answer the ll APE. 1788. same ; and this charge against me he repeats in a manner not the most respectful I don't know but it may be true." " You the Raja have told the truth ; you have written about your horse and I have not answered yon, I have left you in doubt and difficulty. You have written praying to have a month or two's time to pay this money. I have not answered you. I left you in the dark with respect to my intentions. You dare to tell the truth in your own defence. The charge you make against me is true ; you repeat it not in a manner respectful. But, for having the daring assurance, the boldness and the violence, to teach a Governor what is truth to state a defence for yoursef you shall be put under an arrest." And under arrest accordingly he was put by Mr. Hastings. The personal consequences of the arrest to the Raja, in point oi ? lowering him in the estimation of the inhabitants in point of preventing him from ever after collecting his reve- nue without force, if he continued in the government your Lordships were told yesterday by Colonel Gardiner : says he, " I don't think he could afterwards have collected his reve- nue without force,"* so completely was he degraded. And why was he degraded ? For no other reason than for those matters which 1 have stated to your Lordships, other than an idea that Mr. Hastings seemed to have had, that without an arrest he never would have submitted to a fine of fifty lacs. Was he ever asked to submit to a fine of fifty lacs, or Presump- had Mr. Hastings any right to ask such a question ? Colonel refusal to* Gardiner has told your Lordships he believes he would have parted with everything that he had rather than have rebelled and resisted. Did Mr. Hastings ever require him in any form or in any manner to pay those fifty lacs ? He has not said that lie did. I don't know that he did. I don't believe that he did. Had Mr. Hastings any reason to believe that he would not pay fifty lacs, even if the demand was atrocious and violent ? Mr. Hastings had every reason to believe that he would pay the demand of fifty lacs ; for he had offered to Mr. Hastings to pay a sum of 200,0007. to assuage his vio- lent anger. Here let me ask your Lordships what part of the proceedings of the government of Calcutta that offer appears upon? Mr. Hastings concealed from his colleague, Mr. Wheler, that ever an offer of 200,000/. was made by Cheyt Sing as an atonement for his offences. It was his duty to communicate it to Mr. Wheler ; and, if Cheyt Sing * " Minutes of the Evidence," p. 352. 346 Summing of Evidence on the First Charge Benares: 11 APE. 1788 Colonel Gardiner's evidence, disproving charge of rebellion against iQneyt Sing. was to be punished, Mr. Wheler ought to have been con- sulted whether this was not a sufficient atonement for any offence he had committed. The whole penalty imposed upon him by his agreement was a certain fixed penalty of one quarter per cent, per diem, for delay in the payment of five lacs, for payment of which there was no stipulation. He is to be fined 500,0007. ; he offers 200,0007. instead of that quarter per cent. Mr. Hast- ings conceals that offer. Your Lordships know nothing about it. His colleague, Mr. Wheler, who had and ought to have had a voice on that subject, does not hear one word about it. It is kept in the dark, and is not told till after the expulsion of the Raja upon other pretences the supposed rebellion, which happened afterwards. Having voluntarily offered 200,000?. is sufficient proof that he would have been ready to come forward with more that he would have given everything he possessed, short of his honour, to have assuaged the anger of Mr. Hastings. But why is a fine of 500,0007. to be imposed upon him? 200,0007. which he offered is a sum far exceeding any possible idea of supposed delinquency. In what could any delinquency consist ? In this, and nothing more state it according to Mr. Hastings' own way of putting it in the non-payment of a small sum of money for a very few weeks. If it had been his tribute instead of his subsidy, Mr. Hastings had no pretence for demanding above a quarter per cent, per diem. He offers 200,0007. for having delayed payment of 25,0007. for a few weeks. Mr. Hastings refuses it. He does not consult with his colleague about it ; and he goes and puts this man under arrest disgraces him for ever in the eyes of his subjects, in order to demand 500,0007. from him, which I don't know whether he did or no (sic). And here I must recall your Lordships' attention to the evidence of Colonel Gardiner. Your Lordships know that the fort of Chunar is situated in the middle of the province of Benares. It is the key of Benares. It is within fourteen miles of the capital city itself, and in the centre of the province. Residing for five or six years in the character of chief engineer at that place, perfectly conversant with the country, knowing everything that was done in the country, making frequent excursions into every part of it, he says, " If Cheyt Sing had made pre- parations, I must have known of it. If he had collected troops and stores, I must have heard of it. I know nothing of any intention he had to rebel ; I, a military officer, saw not the least symptom of any such design upon the part of Speech of Mr. Anstruthcr. 347 the Raja. I was with Mr. Hastings at the time ; T did not HAPH.178S. see anything before, after, nor at the time, nor at any period whatever did I ever perceive any intention in the Raja to rebel/' " Ay, but/' says the Counsel in the cross examina- tion, " he was erecting batteries ; he was erecting bastions at Ramnagur; for three years he had been employed in adding a single bastion to the fort which surrounds his palace." Did Mr. Hastings ever make that charge against him ? Why did he not send and desire him to stop that bastion ? He must have known it in the course of these three years. But what right had Mr. Hastings to say that that Prince who was to be a barrier to your country should not repair his fortresses ? that that Prince from whom Mr. Hastings prevented Suja-ud-Dowla taking those forts, when he had the same dominion over him what right had Mr. Hastings to say that he should not garrison them? that he should not provide ammunition? that he should not build new bastions ? He could not effectuate his alliance with the Company with- out it. Our troops had no business in that country during the time Cheyt Sing was governor of it, and to very little good purpose, as your Lordships will see by and by, have they come into it since. Therefore, against this man because he was repairing an old fortification, because he was collecting a few troops which Colonel Gardiner who was present thought no instance of rebellion, which Mr. Hastings, who knew it and must kno\v it, thought no instance of rebellion it is now to be raised up as an atrocious offence and worthy these vio- lent measures. Colonel Gardiner, perfectly knowing the sub- ject, perfectly competent to determine, being upon the spot at the time, says : " This insurrection, as he called it, was a sudden affray raised by the Circum- imprisonment of the Rajah, a consequence of Mr. Hastings' violence a thTtmnult consequence of that arrest and disgrace no sympton of any intention occasioned on the part of the Rajah to rebel ; so far. from it that it was a loose fe tl ] e popular tumult, of which the Rajah was as much afraid as anybody else, priionmcnt. and the Rajah flies away himself among the first in order to avoid the effects of that tumult." How was that tumult raised ? You have the evidence of Mr. Hastings, in the papers which he has attached to this Nar- rative upon that subject. This unfortunate Raja, put under arrest, retired to his devotions. Your Lordships know that he sustained the character of Prince and the character of High Priest of that nation. Your Lordships know the respect in 348 Summing of Evidence on the First Charge Benares : 11 APE. 1788 References to the affi- davits col- lected by Mr. Hast- ings for his justifica- tion. Major Eaton's affidavit. which the devotions of bramans in high rank are held by the people in that country. The Raja retired to his devotions. In the midst of those devotions he is insolently attacked by a servant of Mr. Markham's, a person of the rank as it is called of a chobdar ; which I take to be pretty near about the same rank as one of those tipstaffs which attend without your Lordships' door. That person goes up to him ; in that holy and in that sacred situation he insults the Prince, he insults the High Priest of his nation in the face of all his people assembled around in consequence of these violent and atrocious proceedings. He comes up to him and he tells him, " I am Cheyt Earn, what are you but Cheyt Sing ? " And then he proceeds to threaten him. In consequence of this atrocious insult, at such a moment and to such a person, a tumult arises. The sepoys sent there carelessly without ammunition are killed; the officers are killed too. Cheyt Sing flies ; and the whole ends in a violent popular tumult at the moment. And this account of the transaction I don't take from Colonel Gardiner, but from the affidavits collected by Mr. Hastings himself in justification of his own proceed- ings, and as a full and complete defence for himself in this business.* Can your Lordships wonder that such an act, at such a time, should excite a good deal of popular commotion? Can your Lordships ascribe it to a deep design to rebel to ran- corous intentions to destroy Mr. Hastings, that at such a time, from such an act, such an event followed. And yet, if your Lordships will read over these affidavits, it is the only act I can find which, in any degree or in any respect, can be construed into an act of opposition to the English government. Your Lordships no doubt have looked over this immense volume of affidavits. You would expect to find evidence of some acts of Cheyt Sing's prior to this supposed insurrection, some accounts of his connexions with other powers, to find an account of some one transaction of his prior to the day upon which that tumult happened. If your Lordships expect it you will look for it in vain ; for, except the first four affidavits, an affidavit of Major Eaton and one other affidavit which gives an account of the number of forces Cheyt Sing went down the river with, there is not an affi- davit or paper of any sort which relates to any act of Cheyt * Forming Part III. of the Appendix to his " Narrative." Speech of Mr. Ansfruther. 849 Sing whatever prior to this date of the insurrection; and u APE. nsa. Mr. Hastings is to be vindicated in expelling Cheyt Sing from his dominions upon acts which arose after he had driven him into rebellion, and after Mr. Hastings had expelled him from his dominions. What that affidavit of Major Eaton is I will explain to your Lordships. It only amounts to this that some sepoys had gone out of the garrison at Chunar and had been ill treated. A little riot between two or three villagers and two or three sepoys is the only act of the kind which, with all the industry of Mr. Hastings, he has been able to collect of Cheyt Sing's ill disposition to the Company acts which are totally denied by Colonel Gardiner. " I lived long in his neighbourhood," says the Colonel, " I knew him well : he was polite, gentle in his manners, attentive to his subjects and beloved by them. I knew of no riot, confusion or disorder, that happened in his country/' The only defence Mr. Hastings has, prior to the date I am now stating, is a supposed ill usage of two or three care- less sepoys, wandering from their fort into the country of Chunar, into which county they had no business to go. And when they did go, as your Lordships will hear from after conduct I shall state, there was no great reason to suppose that they went there with moderation or with much attention to justice. Having examined the facts, let me call your Lordships' Mr. Hast- attention to some of the supposed arguments by which "affouof his Mr. Hastings chooses to defend himself. " My predecessors," thafofw^ says he, "it may be here observed, both in language and predeces- concluct equalled at least or rather exceeded everything of which I am now accused." What was it that his predecessors did ? They were bound by no treaty, connected by no tie. Bulwant Sing was then with his forces in the army of Suja- Proceedings ud-Dowla whom we w r ere opposing. They proposed to con- quer the country of Suja-ud-Dowla and the country of Bulwant Sing, in a state of actual war and hostility. He was not our ally ; he was not our dependent ; he was not our subject ; he was not in any shape or in any manner or way connected with us, on the contrary, in actual war, in a state of open hostility, with 10,000 horse in the camp of Suja-ud- Dowla. They propose, as a part of the conduct of that war, to dispossess Bulwant Sing of his dominions ; " and," says Mr. Hastings, " because my predecessors endeavoured, as a plan and a measure of war, to take possession of the 3.50 Summing of Evidence on the First Charge Benares : Srove that ulwant Sing was not a za- mindar. 11 Api^i788 country of Bui want Sing, as an enemy, I will dispossess Cheyt Sing when he is an ally, a dependent and a subject. Every- thing they threatened in a state of war and hostility I, in a state of peace and tranquillity, will do, and will justify myself under that which they offered as a justification to them/' The next thing he states is a long history, in this paper which is called a Defence, in order to prove that Bulwant Sing was not a zamindar but anamil. Whether he is zamin- dar or arnil, by whatever name or descriptions Mr. Hastings chooses to call him, I care not ; I know he was a man protected by British faith, under the sanction of British guarantee; and that he was the subject of a British Governor. I should not state that Mr. Hastings had laid any stress upon it, if it had not been that I have, in the former part of the argument, pointed out by Mr. Hastings' own confession that Cheyt Sing was the exact same thing that Bulwant Sing Arument was. If Cheyt Sing was a zamindar, Bulwant Sing was ' Hast a zamiudar. And, in this Defence, let me call your Lord- ships' attention to a curious and strange argument used by Mr. Hastings to prove he was not a zamindar. " In the 5th article of the treaty of Allahabad, his Highness Suja-ud- Dowla engages to continue Bulwant Sing in the zemindaries of Benares, Ghazepore, &c., &c. ; and in the seventh article of the same treaty it is resolved to restore to his Highness the country of Benares and the other districts now rented by Bulwant Sing. Both of these articles cannot be admitted in their true and literal sense. If the zemindary belonged to Bulwant Sing he could not be said to rent it ; he paid tribute only." In this Defence, the test of zamindar or no zamindar is a payment of tribute. If Bulwant Sing had been a zamindar he would have paid tribute. Says Mr. Hastings in his Narrative, Cheyt Sing was a zamindar; but being a zamin- dar he paid no tribute but a rent. The argument in the one is completely the reverse of the argument in the other. The same argument that is used to prove that Bulwant Sing was no zamindar is used to prove that Cheyt Sing is one. Cheyt Sing paid no tribute, he was a zamindar ; zamindars all pay rent. Bulwant Sing was no zamindar ; why ? because if he had been he would have paid a tribute, whereas he paid a rent ; therefore he was no zamindar. Let Mr. Hastings put these two propositions together and reconcile them ; and then let him take them to be either zamindar, amil, renter or whatever name he chooses, and I shall tell him that no name, word or forced construction, will get rid of the sense and substance of an English treaty with an English subject. One of the learned Counsel, upon reading the treaty of Alia- Speech of Mr. Anstruther. 351 habad, said " Attend to the word malguzari."* What is HAPK.1788. meant by that I am at a loss to understand; but this I know, the treaty of Allahabad does make Cheyt Sing independent. And -your Lordships will not, upon a doubtful construction of a Persian word if such a Persian word does exist do away the faith of British treaty do away the faith of British guarantee, and all the sanctions of British justice. Having given the papers in evidence, it is necessary I should point out how much is well and how much ill founded. The next defence he makes is a letter which he quotes from the fifth Report, where he states that here was precisely the place to have pleaded his right of possession and title of inheritance. " I will agree," says Bulwant Sing. " to hold Benares and Gauzipoor, &c., which have long been under my jurisdiction, on the same terms from the Company as I did from Suja-ud-Dowla." Here, says Mr. Hastings, was precisely the place to have pleaded his right of possession, and his title by inheritance ; instead of which, he only says those places had long been under his jurisdiction ; which, if any meaning be annexed to the words, must imply that they were not always so. Whether they were always so or not I don't care. This letter was read to your Lordships yesterday. It is a proposal contained in a letter from the Raja Shi tab Roy, who was in one of the highest offices under the Mogul government in that country. And if Mr. Hastings had gone on to the end of that letter, and stated it fairly, his whole argument would have been at an end. For the con- cluding words are these, and that person from his rank is competent to know what he asserts, he says, " the Rajah is a man who adheres to his engagements, and is a person of high rank, a zemindar of a frontier country." Mr. Hastings garbles the letter in the Defence ; because, if he had gone on to the end of the letter in that Defence, the whole argument would be cut up and put an end to. The next defence Mr. Hastings chooses to set up are three Rights of several rights of fining. He has been so good as to detail them at "length. The first is, because Mr. Francis and General Clavering annexed a penalty to his coining bad rupees in the mint, and that penalty was a forfeiture of the mint. The next is, that Suja-ud-Dowla levied a fine on the death of the father for investing the son. * See the " Minutes of the Evidence," p. 14. 352 Summing of Evidence on the First Charge Benares: 11 APE. 1783. The third right to fine is, that, " had not our powerful in- terposition prevented the consequences of Bulwant Sing's treachery to his master in 1764, Suja-ud-Dowla would pro- bably have exerted with signal rigour a third right of fining, and have furnished me with a precedent full in point to my treatment of Cheyt Sing." The first right of fining, your Lordships observe, is this, " I gave you the mint, which you never had before, and I make a bargain with you that if you coin bad money you shall forfeit that mint." That is not a fine, it is the condition of a bargain. The second right to fine, according to Mr. Hastings, is, Cheyt Sing had no right to succeed to the territories, and he made another bargain with Suja-ud-Dowla. How they are any rights of fining I cannot understand. They are conditions which two persons making a bargain impose upon their bargain, and no right of fining of any description. The third is a right of fining which, according to Mr. Hastings' own expression, never existed ; but if it had existed it would have been a precedent full in point . Now, if it had existed, it would not have been in point; Bulwant Sing had then joined our forces in our camp, and his sovereign, if he could have conquered his country back again, would probably not have put him again in poses- sion of it. But, because Suja-ud-Dowla would have put him out of those territories when in rebellion, therefore we were to put him out when in no rebellion at all. Therefore this right of fining was, according to Mr. Hastings' own defini- tion, that which never existed at all. But your Lordships will not suffer power and right to be so confounded as it is by Mr. Hastings throughout this Defence. Hisasser.; Mr. Hastings conceives he has a right to do everything despotic which he has a power to do. Nay he goes farther a great power ' deal; for in the latter part he tells your Lordships that " sovereignty in India, implies nothing but despotism." I know not how you can form an estimate of its power but from its visible effects. I don't dispute that it is in the power of a despotic sovereign to be unjust; but I deny that he has a right to do any act which the most equitable and mild sovereign could not do. He is not to measure that right by the extent of his power. Then he goes on to say: " The whole history of Asia is nothing more than precedents to prove the invariable exercise of arbitrary power. To all this I strongly alluded in the minutes I delivered in Council, when the treaty with the new Speech of Mr. Anstruiher. 353 Vizier was on foot in 1775; and I wished to make Cheyt Sing inde- 11 APE. 1788, pendent, because in India dependence included a thousand evils, many of which I enumerated at that time, and they are entered in the ninth clause of the first section of this charge. I knew the powers with which an Indian sovereignty is armed, and the dangers to which tributaries are exposed ; I knew that from the history of Asia and from the very nature of mankind the subjects of a despotic empire are always vigilant for the moment to rebel, and the sovereign is ever jealous of rebellious inten- tions. A zemindar is an Indian subject, and as such exposed to the common lot of his fellows. The mean and depraved state of a mere zemindar is therefore this very dependence above mentioned on a despotic government, this very proneness to shake off his allegiance, and this very exposure to continual danger from his sovereign's jealousy, which are consequent on the political state of Hindoostanic governments. Bulwant Sing if he had been, and Cheyt Sing as long as he was, a zemindar, stood exactly in this mean and depraved state by the constitution of his country. I did not make it for him, but would have secured him from it. Those who made him a zemindar entailed upon him the consequences of so mean and depraved a tenure. Aliverdi Khan and Cossim Ali fined all their zemindars on the necessities of war, and on every pretence either of court necessity or court extravagance."* These are the precedents which your Lordships are desired to follow. The history of Asia is nothing but the continued practice of arbitrary power. Be it so, my Lords. That there is a great deal of oppression, injustice, violence and cruelty, to be found in the history of Asia I don't dispute. But I will not try Mr. Hastings by the abuse of rights. I will not allow him to set up infractions of justice and of law in order to make precedents for defending himself. Let him go to the laws of Asia if he pleases, and 1 would follow him there for the purpose of trying him. It is not by the law of the country it is not by the principles of justice it is not by the principles of humanity that he wishes to be tried ; but it is by the practice of wicked and arbitrary princes, by the practice of Aliverdi Khan and Cossim Ali Khan. Let me ask your Lordships if, in the later periods of the Roman history, any Governor from the East had been brought before the Senate of Rome, even at the moment when it was in its most depraved and degraded state, when so brought would he have told them, " Yes, it is true I have ravaged your countries it is true I have ravaged Asia it is true I have despoiled Cilicia it is true I have banished from their dominions the allies of the Roman people all that is true ; but I desire that you will not try me by any princi- ples of morals or religion which are to be found in your own * Hastings' Defence before -the House of Commons. Printed in the " Mi- nutes of the Evidence," &c., p. 28. Z 354 Summing of Evidence on the First Charge Benares : 11 APE. ITS?, hearts. I desire you will not try me by the law's of Asia. I desire that you will not try me by the laws of Cilicia. Try me, not by your own mild institutes try me, not by the institutes of Justinian try me, not by the laws of Ulpian but try me by the practices of Nero and Caligula, and no doubt I shall be acquitted. Try me by the practice of Aliverdi Khan, who murdered his father ; try me by the practices of Cossim Ali Khan, who betrayed his master : no fear I shall be acquitted. They fined their zamindars upon every instance of court necessity and court extravagance ; establish to me that court necessity and extravagance as a sufficient reason for doing what I have done, and no fear I shall be acquitted by any tribunal." I know your Lordships too well to have the most distant idea that you can listen for one moment to such arguments, or ever permit such an idea to enter into your minds. You will try him by the principles of justice. You will try him by the principles of law. You will try him by the practice of your ancient ancestors, executing that great delegated trust of justice now in your Lordships' hands, and not by any principles of court necessity and court extravagance, which are the only points by which this man wishes to be tried. Having gone through, and I am afraid taken up too much of your Lordships' time upon, this part of the case, I shall now bring your Lordships to the next Article in the charge which is the posterior conduct of Mr. Hastings after the expulsion of Raja Cheyt Sing. Your Lordships know extremely well that, if I have made out a crime in the first part of this Article, it is sufficient to gain a conviction upon it, whether Mr. Hastings be innocent or guilty in any of the other parts of the Article. They are distinct crimes ; distinctly stated ; and not part of this great crime ending with the expulsion of Cheyt Sing. No\v, with respect to the remainder of the Article, it divides itself into two parts. The first respects the seizure of. the treasures found at Bidjey Gur; the other part the settlement under Mehipnarain, and the various settlements under Durgbejey Sing and under Jagger Deo Sing. This part was so very fully stated and ably canvassed by the honourable Manager who went before me in stating this business, that your Lordships would think I took up too Mr, Hast- much of your time if I went much at large into it ; but I to g ft s [ajo t r er must call your Lordships' attention to the two letters under Speech of Mr. Anstruther. 355 the authority of which that division was made ; to show the iiApH.ms. strange, inconsistent, manner in which this man acts. p op h^ Your Lordships will see by these two letters he expressly the P tr C ei ng writes to Major Popham thus: sures taken at Bidjey " Secure the fort for the benefit of yourself and your detachment. Whatever you give her (the Rani) is your business, not mine ; make what bargain you like. I desire you to make no conditions with her, even for a provision." Major Popham would not act so : he did make a bargain with her for a provision; he allowed her fifteen per cent. upon all that was to be found, and divided the rest under the authority of Mr. Hastings' letter. My Lords, it is now said that those letters are no authority. Whether they are or not, it is stated as a licence given by Mr. Hastings to do this. Whether he had authority to do it or not I do not care : he did it. He granted them a licence to do that which he himself in another part of the business says was to be avoided like poison. " The very idea of prize money/' says he, " suggests to my mind all the dangers that formerly belonged to it ; it is to be avoided like poison/' But in the year 1781 he says, " Secure the fort for the benefit of your- self and your detachment : it is your business and not mine." So says Mr. Hastings at that time. Now what is the defence ? Why in truth these letters are not orders. Your Lordships will hear from some of our friends who are to open some other charge something upon that distinction. A letter which begins " Dear Sir," is no order ; but a letter which begins " Sir/' is. A letter which finishes " Dear Sir " is no order, nor a letter that finishes " Your's affection- ately." These are the distinctions. Will your Lordships sanction these distinctions, or judge from the sense of the letter ? It is the only ground of defence Mr. Hastings takes that this letter began familiarly " Dear Sir," and did not begin formally " Sir : " it therefore is no order. Jf your Lordships acquit him upon this you must adopt that reason- ing, for you have no other reasoning upon which you can go to the only ground he has given for acquitting him upon that part. Your Lordships will look at the letter, and will see that the letter which could authorise the march of a detachment, which could sanction a capitulation and regulate the army in various points, would be a sufficient authority for Major Popham to do that which he did. If it was private in one case it could not be an order in the other. But, be it order or not, it was a licence given by Mr. Hastings, who had z 2 356 Summing of Evidence on the First Charge Benares: 11APH.17S8 Tlio sub- sequent settlement of the pro- vince of Benares. Tribute raised to 400,000?. Mr. Bonn's evidence. authority, as he himself states, to do it ; because he had all the authority of Governor General and Council, and nobody disputes they have authority to do it. Therefore in that way it was a licence from Mr. Hastings to do that which he did; that is, to bring that upon the army which was "to be avoided like poison," which was forbid by the autho- rity of their masters and reprobated again and again by Mr. Hastings himself. Now, let me call your Lordships' attention shortly to the subsequent settlement. We will suppose for argument that Cheyt Sing had been guilty of what was sufficient to deprive him of the zamindary: but is the guilt of Cheyt Sing a reason for oppressing every inhabitant in that zamindary ? If the ancient tribute continued, the next heir ought to have succeeded. And here again I must call your Lordships' attention, as my honourable friend did, to the strange incon- sistency of Mr. Hastings. Tn one paper, Mehipnarain is called in terms the lineal heir ; in another, the only justifi- cation that he offers for raisins; this tribute to an extravagant o o height is because he was not the lineal heir. " I thought I might bring some of the superabundancies of that province into the exchequer." In one case he is stated to be the heir, in the other the exorbitance of the tribute is grounded on his not being the heir. How to reconcile lhat I know not : but this I know, that, whether he was heir or not, Mr. Hastings had no right or authority to oppress and ruin that unhappy country. If he was the heir, he had a right upon the expulsion of Cheyt Sing to have succeeded him : for he and his country never had been in rebellion. If he had no right to the rajaship, the inhabitants of that country had a right to live under their ancient establishment. They were not to be oppressed because Mr. Hastings had received personal offence from Cheyt Sing, or because Cheyt Sing had rebelled. Your Lordships have now in evidence before you that this arbitrary tribute was raised to 400.000/., a sum far exceeding [the resources of the country], as your Lordships heard from the witness yesterday : and your Lordships must have remarked how unwillingly that came from him. Your Lordships will not be astonished at that when I have read to your Lordships to-day that he was appointed Assistant Resident upon the removal of the just of the honest Mr. Fowke. Upon the removal of Mr. Fowke, Mr. Benn wns appointed Assistant Resident. He might have been of the party to be at Benares ; whether he Speech of Mr. Anstruther. 357 was or not I don't know; but he was appointed in conse- 11 APE. i:s?. quencc of that removal, and upon that removal only. He told your Lordships the country cannot pay 400,0007. con- sistently with any allowance to the Raja. Plow was that matter settled by Mr. Hastings? We are to take 400,0007., the Raja is to have 60,0007. a year. I am to take a tribute from that country which will leave the Raja starving. I nominally give him 60,0007. I know the country will not produce it. He has it not. The descendant of Bui want Sing, who was of signal service to you, must be reduced to beggary, want and ruin, under a nominal income of 60,0007., owing to Mr. Hastings having raised the tribute too high for the purpose of obtaining 400.0007. to the Company. And under what circumstances and in what situation did he do it? Your Lordships know that, in 1775, the mint was given to Cheyt Sing; it was given to him because the want of it had been a great grievance to his predecessor. The mint is taken from Mehipnarain for no other purpose than to put the money into the pocket of the Resident, Mr. Markham. The profits of the mint will be seen in the deductions claimed by Durgbejey Sing: he is allowed 16,000 rupees a year as a compensation for the mint. Your Lordships have it in evidence over and over again that the profits of the mint Avere taken from the Raja, the Prince of the country, for a job to an English Resident. The country was to pay 400,0007. a year to the India Monopolies ^ it. 1 ' o -it. i rewired to Company under what circumstances : with a monopoly tne Resi- to the Resident of opium, a monopoly to the Resident of ellt ' saltpetre, the most lucrative commodities in which there is any trade in that country : all the profits of these commo- dities are to go into the pocket of the Resident. It was a long time before Mr. Benn would confess that the trade in opium was a monopoly : ajt last he did say it was one in the only sense in which a monopoly could be, namely, that no- body could buy or sell but the Resident. If that be not a monopoly I do not know what is. The trade in saltpetre is exactly in the same situation. Mr. Benn stated the profit upon opium to be about 4,000 or 5,000 rupees a year. So that this poor unfortunate Raja, under a semblance of a revenue of 60,0007., which it is in evidence to your Lord- ships he never received and he never could receive, is stripped and robbed, for no other purpose than to put profit and emolument into the pocket of an English resident. He is to have the profits of the mint, he is to have the profits of 358 Summing of Evidence on the First Charge Benares : 11 APE. 1788. opium, he is to have the profits of saltpetre, and the revenue of this unfortunate country is to be raised upon that unfor- tunate people, their commerce cramped, their hands tied up, and the most lucrative branches of their trade put into the hands of private individuals. So stands the state of this settlement. Expulsion Now, let me call your Lordships' attention to the extra- Sing^ 8 ' ejey vagant and violent expulsion of Durgbejey Sing. It is in evidence that the first eleven payments, that is, the first eleven months of the year, had been regularly, fairly and at stated and proper times, paid to the Resident, and of the twelfth month two lacs of rupees were paid, three lacs more were paid in the month of April. Let me call your Lordships' attention to Mr. Hastings' own sentiments when he settled that tribute. He says, "Although I am convinced that, with proper encouragement, the zemindary might yield an amount considerably exceeding that which I have taken as an estimate of its value, yet I must express my appre- hension that, unless the Naib can find means to avail himself of better official assistance than he at present possesses, his real profits will fall below the allowed amount. But, on this account, I have encouraged him to hope that, if he shall prove himself diligent in his office and punctual in the discharge of his kist to the Company, he may hereafter obtain from the indulgence of the Board some remission from the stipulated jummah, whenever the actual demands of the Company shall be lessened and the state of their treasury will admit of it. And this I shall recommend as an act of generosity becoming their former relation to this province, and equally warranted by the principles of good policy. For there are certain lines beyond which the exaction of a public revenue will not only defeat its own purpose, but operate as effectually to a reduc- tion as an intentional act of bounty could do." In the very moment that Mr. Hastings is making this settlement, at the time that he is stating it to be 40 lacs of rupees, he tells you, " I know it is too high : prepare yourself against a proposal that I shall make to reduce it. I state this to you now that any future propo- sition may not appear to arise wholly from the instant occasion of it. I state that to you that you may not be surprised and think I am doing anything wrong, if, some time after, I come with a proposition to lower the tribute." With such an idea in his mind at making the settlement, what does he do ? Eleven months are paid with the utmost regularity ; part of the twelfth month is in arrear. That unfortunate man the Raja, as appears from the letters of Mr. Markham, had been confined by illness for two months ; a part of his tribute was in arrear. The tribute is ficknow- Speech of Mr. Anstruther. 359 ledged by Mr. Hastings to be too high: it is confessed, at 11 APR. i7s. the very time of making the settlement, to be far. too high. The Raja is expelled, and thrown into prison, and his whole estate sequestered for the purpose of the payment of this sum. My Lords, this unfortunate man was kept in prison till he died, and, at the same time that he was kept in prison, his whole jagir of 60,0007. a year was sequestered for the use of the Company, that is to say, for the purpose of the payment of a debt of 12,0007. or 14,0007., which is the whole amount of the kists due that year unpaid. An estate of the value of 60,0007. a year is taken from him and kept in the hands of the Company for four or five years, and he kept in prison too. Was there ever such injustice? Can your Lordships sanction it, and not see that the moment a man begins to deviate from the path of right there is no point at which he will stop ; but he will go on altering, shifting, changing the circumstances of the country, just as suits his own private occasion. It is further stated in the Article that Mr. Hastings after- wards, without any authority from the Council, put another person, Jagger Deo Sing, in that situation by the authority of Mr. Markham. Mr. Hastings says he was too far from the Council to consult them ; though he was at Nia Sirai a place about twenty miles up the country from the Ganges. It was too far for him to consult his Council at twenty miles distance ; but it was not too far for him to send an order 200 miles for expelling Durgbejey Sing and appointing in his stead another Naib. This person did not continue long in his favour ; for, about a year after, this identical person is expelled from his dominions and his territories, because he was afraid of Mr. Hastings. Mr. Hastings made it a point to collect the whole tribute : the country could not pay it : he was expelled for collecting it. The other did not collect the whole tribute, and he was expelled for not collecting it. Having done this, Mr. Hastings gives an account of the miserable state to which he had brought that country. In this letter, where he advises again to turn off Jagger Deo Sing, and to appoint another person, he says : " I am sorry, that from Buxar to the opposite boundary I have seen Expulsion nothing but the traces of complete devastation in every village, whether j^^ 1 caused by the followers of the troops which have lately passed for their sing. natural relief, and I do not know whether my own may not have had State of the their share, or from the apprehensions of the inhabitants themselves, pr and of themselves deserting their houses ; I acquit my own countrymen of this." 360 Summing of Evidence on the First Charge Benares : .ti APE.I 788. Because, forsooth, at one place the inhabitants had fled and bays Mr. Hastings, no wonder, for the amil had fled too I acquit my own countrymen of this ; for no better reason than that because the terror of British troops coming into that country is so great, the devastations they have com- mitted have been so enormous!. And your Lordships have an account of those devastations in the report of Mr. Benn, where it appears that they robbed the farmer of his grain, and paid him in many cases not a fifth of the price that ought to have been paid him : in some cases it was a hun- dred per cent., in other cases 120, below the market price. These devastations committed by the British troops had excited such an alarm in the whole country that, in truth, not only the inhabitants of the village, but the very persons in execution of power and government fled too. And Mr. Hastings set up this, by a strange mode of reasoning too, as a justification of the conduct of the poorer inhabitants that not only the poorer fled but the higher men too ; and because they fled, says Mr. Hastings, I acquit my own countrymen : because the terror was so great that even the magistrates themselves durst not abide in their situations, therefore I acquit my own countrymen ; because the magistrates ought to have stayed and protected them. They knew the fact, they could not protect them. They had felt the robbery, devastation and plunder, committed by these sepoys in the different marches they had made in the country, and no wonder there was devastation in every village. Upon the faith of this ocular demonstration of Mr. Hast- ings, he soon expels Jagger Deo Sing from his situation and sets up another person. No\v, it has been stated in the evidence by Mr. Benn and what sort of evidence Mr. Benn gives, your Lordships know that the country was in a flourishing state in the years 1783 and 1784, when this happened. I care not whether your Lordships take the account of Mr. Benn or Mr. Hastings. If it was in a flourishing state, for what good purpose could Mr. Hastings describe it as he has done in this letter? for what good purpose could he tell you that there was devastation from end to end of the country ; that it was ruined and in danger of a rapid decline ; that everything was going into confusion as fast as it could from the oppression and poverty that attended it, and the famine likely to come upon it ? If it was rt the flourishing situation described by Mr. Benn, for Speech of Mr. Anstruther. 361 what purpose could Mr. Hastings write this letter, unless it was to serve some private purpose, falsely to accuse Jagger Deo Sing, and set up some other person of his own ? If your Lordships take Mr. Hastings' account, you see the destruction, the confusion and devastation, he has brought upon this unhappy country. My Lords, I have now finished what I have to offer to Conclusion, your Lordships. I am afraid I have taken too much time about it ; but the subject is great and important ; great minuteness and detail was necessary. Having finished it, I am sure your Lordships will be satisfied, comparing the evidence you have heard, that the Commons have not brought before your Lordships a light or a frivolous charge. They have not brought before you a charge which they could not substantiate by evidence ; nor have they brought before you a charge supported by evidence garbled and mangled. Your Lordships have printed the whole of the minutes which related to any of the subjects from which the Commons read a word ; and your Lordships will see from that the faithfulness, the justice, the attention, which the Commons have paid to this business, in producing those parts of the minutes, and those only, which would materially affect the points in question. But, from the mode which your Lordships have taken to print it, though it may be more laborious to your Lordships to read, yet I am sure it will leave this impression upon your Lordships' minds, that the Commons have acted fairly, honestly and honourably, in producing their evidence, and that they have brought a weighty and consequential charge before your Lordships, which loudly calls for the interposition of this High Court, in punishing that person who has been guilty of what we state to be an atrocious breach of British faith ; acting under the authority of a British government, in the highest situa- tion almost a British subject can be placed in, and most unquestionably in that trust above all others which requires the most attention, because the person has it most m his power above all others to do evil. 362 Observations on the Evidence Benares : OBSERVATIONS OF THE RIGHT HON. EDMUND BURKE, MANAGER FOR THE HOUSE OF COM- MONS, ON THE EVIDENCE ON THE FIRST CHARGE; 11 APRIL, 1788. Observa- tions on Mr. Benn's evidence. Imprison- ment of Durgbejey Sing. MY LORDS, I do not know whether it will be necessary (though I take it we are fully competent and right to do it) to make any considerable observations upon the evidence that has been lately delivered at your Lordships' bar. The first thing that your Lordships will remark is the character, situation and competence, of the evidence. The person who gives the evidence against Durgbejey Sing was one of the principal instruments employed in oppressing him. My Lords, you are to judge what degree of credit is to be given to an oppressor, measuring the quantity and rate of his oppression. Your Lordships are to judge and decide whether the man who acts as an imprisoner a gaoler is the proper person to tell how much a prisoner suffers. Your Lordships know whether a person who is an instrument in doing the wrong would not be, by the very nature of his situation, disposed to alleviate the wrong of which he is the instrument. With these reflections I readily commit it to your Lordships to judge whether the long imprisonment of Durgbejey Sing for a small balance, after a confiscation of a great estate, is or is not a hardship. If it is not a hardship in the opinion of Mr. Benn, I trust it will be considered to be a grievous hardship in the opinion of your Lordships. The person whom this unfortunate Durgbejey Sing repre- sented, and whose father in law he was, had had his whole allowance sequestered in the same manner ; when he was obliged to go in debt to the banker of Benares, as we proved to your Lordships yesterday in the petition of Mehipnarain, transmitted" in a letter of Mr. Hastings of the 14th of March 1784. Your Lordships will then judge whether, with such an estate sequestered, both from the actual person in the administration of the power of the country and from his father-in-law administering it, whether they, plunged addi- tionally in debt to the banker, are or not to be considered as suffering a grievous hardship for this small balance; and whether your Lordships do not see more of oppression, Speech of Mr. Burke. 363 cruelty, tyranny, and of revenge in it, than any disposition 11 APE. 1788. to secure that object 0*" which they missed at last. Your Lordships will remark, not only upon the credit of His insoi- the evidence, but on the defects of it. Not one word has vcncy - been attempted to prove that this unfortunate man, who died in the hands of persecutors and oppressors, had any worldly estate to answer the demand. Your Lordships know there is a total failure of proof There is not an attempt made upon any part, nor have we by all our researches been able to discover, that this unfortunate man who died in prison did not die nay I trust we shall prove hereafter that he died absolutely insolvent ; that they were pursuing an insolvent man for a falling revenue, which they knew at the time they imposed it was excessive. They took away from him likewise the power to produce that revenue. From these things your Lordships will judge whether ii was a proper, coercive, judicious, mode to get a balance of revenue which was recoverable, or whether it was not a cruel oppres- sion of a man, upon whom first an exorbitant demand was made, and who, upon failure of power in the country to answer that demand, was a victim of that cruelty and oppression that originally made the demand upon the country. The part I would recommend principally to your Lord- ships' attention, is this miserable and unfortunate prince, whose father-in-law was in this cruel manner imprisoned, and who died persecuted to the last. Your Lordships will hear what his son says, " Out of regard to the orders of the Presence, and hoping the release of the Mahals, I paid the de- mands of the sircar* through Gopaul Doss " that is, a great banker at Benares. " Notwithstanding which my jaghire is still in sequestration, and from the day of my exaltation to the Raja I have not received a single dam of the established allowance for support and fsebundy."| Here is the man who is ostensibly put into the government, by Mr. Hast- ings' order, and not his own desire consenting to be sure to it, because he could not refuse his consent to any arrange- ment this man is stripped of his allowance, to answer the deficiencies of another, and that other imprisoned after this person has plunged himself into debt to the usurers at * The government. f " Sibandi," charge for the expense of troops. ^ "Petition of Raja Mehipnarain." Printed in the "Minutes of the Evi- dence," p. 326. 364 Observations on the Evidence Benares : 11APH.17SS. Benares to pay it, and had paid it, as he asserts, and which is nowhere disproved. Degradation My Lords, an attempt has been made to prove that an by imprison- . P "i ^ i i ment. imprisonment or a principal magistrate and a great ruler of that country in such an outrageous manner does not lessen his consequence, and is held to be no disgrace. To that we shall answer in the words of a great Prince, once Sovereign of that country, that is, Suja-ud-Dowla. Suja-ud-Dowla is of opinion, upon a question of much less consequence and concerning a much less people, that it is the greatest of all possible disgraces. " My friend, the case is that all the infantry in my service knew the custom of the army, that if any one commits a fault he will be impri- soned for it, and think nothing of being put under a guard. But there are other Hindostanies and the Najib battalion, and others in my ser- vice, who consider it as the highest disgrace to be put under a guard ; and if any one attempts it they will defend themselves against it, and rather lose their lives than submit to such a dishonour."* My Lords, it is a disgrace and must be a dishonour to all people. He says there are some battalions of infantry of a lower kind of sepoys who consider it as no disgrace ; but those who serve in the battalions of a somewhat higher order there are other Hindustani, the natives of this country in which Mr. Benn thinks it no disgrace to be imprisoned who consider it as the highest disgrace to be put under a guard, and if any one attempts it they will defend themselves against it, and rather lose their lives than submit to such a dishonour. After this, will your Lordships believe that it was nothing to imprison a person in the situation of Cheyt Sing ? that it was nothing to imprison a person in the situation of Durg- bejey Sing, Avho was the father of the reigning Raja of the country, and intrusted with the actual administration of it ? that it answered no purpose to imprison him ? I need not press nor trouble your Lordships very much, because it is plain that the man died in their hands. If they looked for vengeance they had it: they oppressed and ruined him. If they looked for revenue they missed it : they never recovered it. The person died insolvent, and they knew all along that he was so. This is sufficient to remark upon this kind of posthumous evidence. * Letter to the Governor General, dated 28th November, 1774. Printed in the "Minutes of the Evidence," p. 281. Speech of Mi: Burke. 365 Xow I shall only say one word as to the punishment of iiApR.1788. the hooka, which is likened to a taking away a snuff-box. Duriiedgy If there is a great revenue which it is necessary to exact by p^tion'of means of severities, can any one present to your Lord- ! lis hooka ,. -JT 1 j.u i m prison. ships anything more ridiculous than coercing a person who is debtor to the sovereign by depriving him of his snuff-box? It is evident that this was a personal insult, to render con- finement and degradation more bitter, and it could answer no other purpose. If no more was intended, it was an affront and outrage, but could never be a coercive process of law to recover a great debt due to government. It suffi- ciently shows in what manner they proceed. They first imprison him; they deprive him of his rank, his conse- quence sequester his fortune; they deprive him of his liberty and his honour ; and then don't even allow him his snuff-box to console him in his misfortunes. That circum- stance is an aggravation ; it is a proof of the seventy they treat him with, which they attempt to make light of it. If it is light, why do it? It is an outrage to a man Avho has nothing but his snuff-box left. You will let him have none of those poor miserable consolations which comfort distress, and make people forget their misfortunes in the small amuse- ments by which our nature, when reduced to its lowest state of degradation, takes comfort. But when you talk of the hooka the snuff box to those who enjoy, as your Lord- ships do, rank and dignity who enjoy, as your Lordships do, large and plentiful fortunes when in those situations you talk of the loss of a snuff-box, you talk of little ; but if you talk of a peer of this kingdom, degraded from his rank, stripped of his situation, imprisoned by his enemies without hearing, called to account without the means of accounting, under the general sequestration of all his fortune if you were to tell of the insult of a gaoler who deprived the miser- able man of his snuff-box when nothing else was left him ? I remember that a poor miserable man, confined in the Bastile in the manner in which Durgbejey Sing was in India, had trained a spider to relieve him in the midst of his anxiety, and he employed himself in the play of that spider. He bore the torments and the miserable allowances of the Bastile ; he bore the deprivation of his friends ; but when they came and killed his spider the man fell into despair and agony, and all he suffered was nothing in comparison of it. To people in affluence, ease, power, authority and liberty, these things are nothing : put to ruin, to disgrace and im- 366 Observations on the Evidence Benares: u APE. 1788- prisonment, the last miserable consolation is found out by the researches of mankind. Deprived of everything great and advantageous, the taking these from them degrades them and fills up the cup of their misery ; and Mr. Benn has proved they had nothing else left to coerce this poor man with than by depriving him of an amusement in his solitude. What these people consider light your Lordships will I trust and believe consider as matter of great aggravation. Question in My Lords, this is what I little expected, and therefore ofCheyt ,. i i i I,TIIII sing's caste, was little prepared, to observe upon; but 1 shall beg just to observe upon another circumstance that is much insisted upon that is, that Cheyt Sing was not a sacred person. My Lords, with regard to who he was what his caste was or what his character I declare I am not enabled or instructed to prove. It comes upon us at a moment when we are not prepared ; for Mr. Hastings in no part of his Narrative in no part of his Defence before the House of Commons throughout all his large and voluminous corre- spondence upon this subject has said one word of the situation and caste of Cheyt Sing. Whether, therefore, he was of the sacred caste of the bramans, in whose hands the whole government of the country was for many ages, but whose religion has been of late trampled upon by the prevalence of Mohammedan power or whether he was of the rajepoot or noble caste, which is the warrior caste like- wise I do not know. I have heard some people say it is not in any part- of the charge some people have considered that, because he reigned at Benares, he was a braman ; and many great Rajas of the country are bramans. But The insult whether of the rajepoot or braman caste I know not ; but while aUifs an insult offered to a great prince, considered within his prayers. dominions as a despotic prince, with power of life and death bound as every caste of the Hindus is to great religious observances in the moment of his distress, when he flew to the last resource of misery, that is to God, in prayer, in his chapel, which is the place in which he was found in an open chapel called Shewallah Ghaut at the moment of his devotions, when, abandoned apparently for a moment, dere- licted by his people, persecuted by those who by treaty, by every principle, tie and obligation, were bound to protect him, he retired for a moment to his prayers, to go to that last resource of misery, which indeed ought to be the resource of mankind in all times, as well to praise in pro- sperity as pray in misery, but is peculiarly sacred in times Speech of Mr. Burke. 367 of misery misery in itself is sacred; misery in prayer is n APB. ma. doubly sacred, because it is there in a place of sanctity and that this great and falling prince, in the very moment of his prayer, when, oppressed by mankind, he is flying to our common Judge and common Refuge that just at that moment the vilest of mankind should be sent to insult him to break upon him in those devotions, the fervour of which in those people is known to all the world if he was not a braman and a high priest, yet he was a prince ; a man in misery ; a man in misery prostrate at the feet of our common Father, to whom we all fly for refuge at that moment to send the vilest of mankind, a servant dismissed from him- self, to insult him in that prayer, was and did justify the manly spirit of his subjects, who did to that wicked man what you would wish every friend and faithful subject would do if you saw your Prince insulted in this manner. They did their duty ; they killed this man : and every man would deserve the same fate who dared insult a dignified person fallen into misfortune and at his devotion; and it would make no difference whether the person be a bishop or a peer. I believe, if the Chancellor of England was insulted at his devotions, and some person, not acquainted with his situation but knowing his zeal for the church and other circumstances consonant, took him for a bishop, that if he was insulted in the same way at his devotions, with the same mistake, and he was found to be the Lord High Chancellor instead of a bishop, it would not have lessened the offence, but made the natural and just impression upon your Lord- ships' minds which I trust it will make upon the minds of every person in the kingdom. I beg pardon for saying a word : for any one that could add, or think he could add, to the noble, manly, speech made before you, in the best and noblest cause, would be a person that would be guilty of the temerity of which I should never be guilty anywhere much less in this awful presence. 368 Opening of the Second Charge Begums of Oude : SPEECH OF WILLIAM ADAM, ESQ., MANAGER FOR THE HOUSE OF COMMONS, IN OPENING THE SECOND CHARGE, RELATING TO THE BEGUMS OF OUDE ; 15 APRIL, 1788. MY LORDS, I ana commanded by the Commons to lay before your Lordships the second Article of Impeachment against Warren Hastings. My Lords, when I say I am commanded so to do, I speak in a manner in the literal sense of the word. I am perfectly conscious of my inability to discharge that duty ; and I reflect that those who have commanded me to lay this Article before your Lordships, heard the duty in their House dis- charged upon this Article in such a manner as to terrify the boldest and those who may have the most confidence in their ability. It is, therefore, my Lords, a command which I have to execute, not a situation which I have solicited ; and I bring before your Lordships, I am afraid, little more than zeal to recommend me zeal founded upon the clearest and most decided conviction, after the most minute and laborious inquiry, that those facts which I have to state to your Lord- ships, and that matter which I am this day to lay before you, contain a body of such high crimes and misdemeanors as w r ell Avarranted the Commons to have preferred this Article of charge at your Lordships' bar. Difference Your Lordships will observe in perusing these Articles, between the j .1 -^i J.T. c A i crimes in- and in comparing them with those statements or crimes that tKrtides take place in the other courts of criminal judicature in this mentanrt 01 ' 1 " coun try, that there is a wide distinction between this species thoso tried of crimes and those which are discussed there. court*. In every civilised society all the relative duties between man and man are clear and distinct; they are all perfectly understood. Every one knows that he is not to infringe his neighbour's property; every one knows he is not to take his neighbour's life ; every one knows he is not to bear fake witness against his neighbour; every one knows that transgressing any of these rules is a breach of duty : there- Speec/i of Mr. Adam. 3G9 fore all preliminary matters in common crimes are unneces- sary to be stated. My Lords, it is not so in cases of high crimes and misde- meanors. It is not so in such crimes and misdemeanors as these. It cannot be so in any political question out of which misdemeanors arise ; and if those political questions are involved in history and long detail, it becomes absolutely necessary that the judges Avho are to try the cause should know, and that the parties who bring the cause before them should state upon record, those rights and those duties which are left out in the proceedings in common courts of judica- ture. These [are the] circumstances that make this Article, Prolixity of and all articles of high crimes and misdemeanors, of greater * ' prolixity than the proceedings in common courts of law. But although they are prolix they are therefore more bene- ficial to the person against whom such charges are made. They state, they detail the rights and duties, and they assert te acts which are the violation of those duties and the violation of those rights. My Lords, that is the form in which the Article I have the honour to lay before your Lord- ships appears. Your Lordships will find that it contains every constituent part of a crime. That it contains allega- tions of the rights, in the first place ; contains allegations of the duties, in the second place : and contains allegations of acts in the last place, which are the violations of those rights and of those duties. My Lords, I am perfectly sensible, from the investigation which I have had an opportunity of giving this subject, that I have little more to do in this business than to make the matter clear. My Lords, perspicuity shall be my aim; be- cause I am perfectly convinced that if I can only instruct your Lordships' understandings I am certain of convincing your judgments. With that view, I will do a thing which perhaps has not been frequent in courts of common judicature, which has not hitherto been practised here, which perhaps may be a little tiresome to your Lordships, but will tend to perspi- cuity. I will endeavour to state to your Lordships, before I proceed to narrate the evidence which is to prove it, the different parts of the Article which go to those three different heads which I have stated the Article to contain. I will even venture to ask your Lordships' indulgence to permit me to state it thus minutely. Your Lordships are possessed of the printed copy of the Articles. Your Lordships will find, upon enumerating them, that this Article contains thirty A A 370 Opening oftlie Second Chary c Begums of Oude : is APE. 1788. paragaphs. Twill proceed to state to your Lordships [the substance of each paragraph], in such a manner that if your Lordships have the inclination you may insert my statement upon the margin of the different paragraphs of that printed Article which form the different allegations necessary to be proved and made good in this charge. Contents of The first paragraph of the Article contains an allegation of paragraphs the rank and condition of the Princesses of Oude ; for this Artie!* Article charges Warren Hastings with various acts of cruelty, oppression, tyranny, violence and breach of faith, towards those persons who, when I come to state the evidence upon that part of the charge, namely, upon the first paragraph] I shall prove to your Lordships to be persons of high rank and birth, of great property in consequence of that rank and birth, and possessing a variety of rights, all of which show that it was impossible for him. to act as he did without being chargeable before your Lordships with those high crimes and misdemeanors with which the Commons charge him. The second paragraph contains allegations respecting the property of the Princesses of Oude. From the third to the seventh paragraph your Lordships will find allegations respecting the guarantee of the Kast India Company, through the medium of .the Governor Gene- ral and Council, Warren Hastings being the Governor General, of the rights and property of the Princesses of Oude ; that is, the third to the seventh paragraph inclusive, contain allegations respecting the guarantee to the younger Princess, the wife of Suja-ud-Dowla and mother of Asoflf- ud-Dowla a person who was left in possession of great property by Suja-ud-Dowla at his death. The eighth and ninth parapraphs contain Mr. Hastings' opinions and transactions in confirmation of that solemn guarantee. The tenth paragraph contains the guarantee to the elder Princess, the mother of Suja-ud-Dowla, the grandmother of AsofF-ud-Dowla, and a person, as I shall have occasion to state to your Lordships, of very high rank and quality in Hindustan. The eleventh paragraph and the twelfth relate to another branch of the subject ; for with the tenth paragraph con- cludes the rights of the Princesses of Oude not only their rights, as absolutely possessed by them, but as guaranteed by the India Company. Then there is a statement of the duties of the Governor General, particularly the duties of Warren Speech of Mr. Adam. 371 Hastings. AVith regard to the duties of his office your is Am.i7. s 8. Lordships will observe that they are stated in the preamble to the Articles; and your Lordships will have in mind that all the statement that is necessary respecting that is fully before your Lordships, when I shall have occasion to allude to his absolute duties, unconnected with any transactions of his own, accumulating upon himself additional responsibility, lie does, however, accumulate upon himself additional re- sponsibility by various acts. Those acts are set forth in the eleventh, twelfth and thirteenth, paragraphs of this Article. There is another circumstance which adds to his responsi- bility, and makes him, with regard to the country of Oude more peculiarly responsible, set forth in the fourteenth and fifteenth pai'agraphs, namely, that the country of Oude was dependent upon the government of England in India, and more peculiarly upon the Governor General ; and that the Governor General, Mr. Hastings, invested Mr. Middleton, the Resident at Oude (whose situation I shall have occasion hereafter to explain), with full power and authority to transact the whole business of government in the country of Oude. Then there come two paragraphs of general conclusion. The eighteenth paragraph proceeds upon another branch of the Article the last part namely, the commencement of these acts which were a violation of the rights of the Princesses, and a breach of Mr. Hastings' duty. The eigh- teenth paragraph accordingly contains allegations respecting the resumption of the real estate, the landed property of the Princesses, called their jagirs : and likewise, towards the close of it, an allegation that the promise which he made at the time the treaty was entered into to resume these jagirs, namely, to give them the amount of these treasures in money annually, was not performed. The nineteenth paragraph is likewise a general conclusion of criminality. The twentieth contains an allegation respecting the guarantee of the personal property of these Princesses by the India Company. That is likewise included in the paragraphs I have antecedently stated, from the third to the seventh. The twenty-first paragraph contains a determination to seize the treasures or personal property of those ladies. The twenty-second paragraph contains an aggravation of that crime by a statement that the Wazir of the empire, Asoff-ud-Dowla, the son and grandson of those ladies, was A A 2 372 Opening of the Second Charge Beg urns of Oude ; is APE. 1788. instigated by Warren Hastings to be the unwilling instru- ment of seizing the treasures and the real property of his mother and grandmother. The twenty-third paragraph contains an allegation of the violent orders given by him to produce that effect. The twenty-fourth paragraph contains allegations respect- ing his approbation of the execution of those orders, and his finding fault with a short delay. The twenty-fifth paragraph contains allegations respecting the cruelties that were the consequence of those orders. The twenty-sixth paragraph is a general conclusion of criminality. The twenty-seventh paragraph contains allegations of aggravation respecting this matter by the instruments which Warren Hastings employed ; namely, Sir Elijah Impey, the Chief Justice of India, sent out by the Parlia- ment of England to distribute justice in that country, for the protection of the natives of that country, as one, and Asoff- ud-Dowla, the son and grandson of the ladies, as the other. My Lords, the twenty-eighth paragraph contains further matter of aggravation by an allegation that Mr. Hastings' justification for those acts was false in fact and illegal in conclusion, even if it were true in fact. The twenty -ninth paragraph contains a further aggravation of these crimes, by alleging that Warren Hastings stifled an inquiry directed by the court of Directors here at home and proposed by Mr. Stables, one of the Supreme Council abroad, into the circumstances of those transactions. The last paragraph, the thirtieth, contains an allegation of his having received a bribe, as a further aggravation, and as a motive inducing all those matters which I shall have the honour of stating to your Lordships. My Lords, I flatter myself that, in this minute statement of the Article, I have not consumed more of your Lordships' time than was necessary for the clear understanding of the subject. I have endeavoured by that means to make, as it were, a sort of induction to the evidence, by which your Lordships will be able to follow me throughout all I shall be under the necessity of addressing to you. Description Before I enter upon the first paragraph of the Article, it country of w ^^ ^e necessary that I should make your Lordships ac- Oude - quainted with the nature and peculiar circumstances, and the situation of the country about which the Article treats, and with respect to which the Commons accuse Warren Host. Speech of Mr. Adam. 373 ings of having been guilty of high crimes and misdemeanors, is APB.ITSS. Your Lordships very well know that the country of Oude lies a considerable way up the Ganges. It is of considerable extent and very considerable wealth. It is 360 miles in length and 180 miles in breadth ; by which it will appear to your Lordships that it is very near as long as England, and that it is as broad as England from the Isle of Angle- sea to the mouth of the Humber. It is about 70 miles longer than Ireland, and broader than Ireland throughout at the broadest part. It is a country of very considerable wealth ; insomuch that, for the year that is to succeed the present year, that is for the year 1789, upon the testimony and settlement of Mr. Hastings himself, he thinks that this country, after all the ravage that has been committed in it, after all the devastation that has existed in it, after all the violence that has existed in it, after fortune has come into this country after fortune, and traversed the oceans to find its way hither from that desolate and depopulated country he still states that country at the amount of three krors of rupees annual revenue, being upwards of three millions sterling. It is a country that did and does maintain a con- siderable body of troops : and, to prove that this was a country of very great strength and importance, and that those who presided in that country, and those who are connected with those that did preside in and rule that country, must be persons of high rank, and quality and consideration, your Lordships will find that, by a treaty of 1768 entered into between the East India Company and the Nawab of Oude to reduce the army establishment, because he was considered as a dangerous rival to the interests of this country in India, the reduction of that establishment was left at 35,000 men, rank and file. It is a country in some parts of considerable manufacture, and in other parts of very considerable cultivation in point of agriculture ; especially two parts of it, which have been rp he Duab added since the accession of Mr. Hastings to the government *^^ hil " of India, at least one if not the other ; the one called the Duab, which I believe was added to it before ; the other Kohilcund, or the country of the Rohillas, which was added to it by means of Mr. Hastings, as I shall be under the necessity of stating to your Lordships shortly. Before the accession of those two countries, I will state Revenue of to your Lordships, from an authority which Mr. Hastings Oude cannot dispute, because Mr. Hastings has solemnly acted 374 Opening of the Second Charge Begums of Oude: 5 Am. 1788. upon that authority, before the accession of this country, the country about which I speak, namely, the original country of Oude, was completely adequate and sufficient to all its own establishment, and all that was necessary for the connexion that England had with it. In a letter written towards the end of 1775 or the beginning of 1776 by the younger Princess of Oude to Mr. Hastings, she expressed herself in this manner : " In the Nawab's lifetime " that is, Suja-ud-Dovvla's lifetime " he was possessed of no more than the single Soubah " without Rohilcund or Duab "and the dues of the English chiefs were paid out of the revenues of it, as also the expenses of their army and his own. At present, that the Soubah is increased to three times its former extent, what becomes of the revenue? No one thinks of making this inquiry; but sums are constantly taken from us helpless women."* Your Lordships will see in the sequel that Mr. Hastings acted upon the authority of this letter ; and he cannot now say that it does not throughout speak the truth. It may be necessary to be still more minute, for the sake of perspicuity in what is to follow, and to state that the capital of this country is Lucknow, situated in the heart of the country that the old capital was Fyzabad, situate ninety miles further up, upon the western extremity of the country, and upon the confines of two districts of that province which it may be necessary to mention, the province of Baraitch and Goruckpore. Fyzabad was the original residence of the Prince, but that now is no longer his residence. But his palaces and houses remain, and are inhabited by the Princesses of Oude, the mother and grandmother of Asoft- ud-Dowla. provinces of Your Lordships likewise know that upon the southern confines of this country is the province of Benares ; that the province of Benares runs along almost all the southern confine of it ; that Chunar is in the province of Benares', about fifteen miles from Benares, and about three days journey, according to some accounts, a little more according to others, from Fyzabad or Lucknow. "- l lavc 11OW finished all the statement that is necessary, connexion as 1 think, to make your Lordships acquainted with the withOude. , * JL particular nature of the country, and will now state to your * Letter of the Bow Begum, mother of the Nawab Asoff ud Dowla, to Mr. I Fastings, received the 20th December, 1775; printed in the "Minutes of the Evidence," &c., p. 445. Speech of Mr. Adam. 375 Lordships the origin (and I shall do it shortly) of the is APK. ms. English connexion with that country. Your Lordships kno\v perfectly well that after the battle of Buxar, in which Suja-ud-Do\vla was conquered by the British arms, he never again rallied, but that at a subsequent period the treaty of Allahabad established a connexion between Oude and England. Your Lordships likewise know that, in the year 1773, Mr. Hastings, before the arrival or even before the appointment of the Supreme Council, under the act of the 13th of His Majesty, made a journey to the upper provinces: and I will state to your Lordships, from Mr. Hastings' own words, the objects of that journey. The principal object of The Rohiiia , T J c ,, ii T j A. enterprise. it 1 know perfectly well I am prevented entering into minutely as a matter of charge respecting the liohil- las. The House of Commons in their wisdom thought it right not to prefer that charge at your Lordships' bar. I mean to make no comment unfavourable to the wisdom that so directed them, the principles upon which that House acted, and the principles of those who directed their conduct if it can be supposed that their conduct was directed in that matter. They have brought to your Lordships' bar a matter of charge so grave and material, that the thanks of the country the thanks of India the thanks of posterity the thanks of all the humanised world will I am sure be due to them for those virtuous inclinations and opinions that led them to prefer a charge at your Lordships' bar, which will redeem India from the injuries that it has suf- fered, when it receives the sentence which I know your Lordships must pronounce upon it. But I mention the Rohilla question merely to show the origin of the connexion of this country and Oude. Mr. Hastings says, in a minute of the 25th of October, 1774:- " This enterprise, the design of which furnished the first occasion of my meeting with the Vizier " that enterprise is the Rohilla enterprise " was an article of the original draught of our treaty, but it was omitted at his desire ; and I promised that it should still take place, if it suited the affairs of the Company, at any other time when he should find himself in a condition to resume it. Accordingly, in the month of January, 1774, the Vizier made a formal requisition of the assistance of a brigade of the Company's forces, for the defence of his dominions and for the prosecuting his former purpose of invading the country of the Rohillas. For this purpose, he engaged to pay the Company, besides the stipulated subsidy, forty lacs of rupees (four hundred thousand pounds sterling) when it should be concluded."* * See the Minute, printed entire in the Appendix to the " Minutes of the \^,\An.T> nn " ~K~ "Y WTir Evidence," No. XXVIU. 376 Opening of the Second Charyc Begums of Ou.de: 15APB.1788. Your Lordships see what the advantages to accrue from this expedition were : first, an acquisition of territory to the Nawab ; secondly, the employment of a considerable part of the Company's forces ; and lastly, the stipulation of 400,000/. to be paid to the Company on the conclusion of the undertaking. In a letter from Suja-ud-Dowla, of the 28th September, 1774, addressed to Mr. Hastings,* it is said " Consider, my friend, that it was my absolute deter- mination to extirpate the Rohillas, and that I requested the assistance of the English troops for the purpose." In Mr. Hastings' answer to the Honse of Commons, after he had had fourteen years to deliberate upon the subject, which answer was put in upon his own petition, deliberately and gravely considered, Mr. Hastings says, " It was the proposed intention of the Nawab Suja-ud-Dowla, and of course mine as connected with him, to exterminate the Kohillas ; that is, to expel or remove them from the country they occupied, without allowing the smallest vestige of their power to remain in it/'f 1 leave these facts without comment upon your Lordships' memory, sensible that they will impress your minds as they must do the mind of every feeling man, or every person capable of drawing a conclusion from sentiments such as your Lordships have heard, in the very short extract which I have had the honour to read to you. Debt arising The consequence of this was, that the great object of . Mr. Hastings, namely, the 400,000. for exterminating the Kohillas, never has been paid that at this moment part of it remains due. But this was not all ; it was the beginning of rivetting our connexion with [the province of Oude], and of continuing a military establishment in that country to a very considerable amount (as your Lordships will hear by the evidence) which military establishment the Nawab was bound to pay ; which military establishment he never did pay, but run in debt for ; the expense of which military establishment was defrayed in chief by the India Company ; and by that means that debt, which existed at the end of the Rohilla Avar, kept increasing. All the embarrassments arising from that arrangement produced a closer connexion between England and Oude, so as to introduce all that spe- * The entire letter is printed in the Appendix to the Report of the Com mittee of the House of Commons on the Itohilla War, No. XXVI. f See " The Minutes of what was offered by Warren Hastings, Esq., at the Bar of the House of Commons," &c. Printed for Debrett, 1 788 ; p. 23. Speech of Mr. Adam. 377 cics of interference which your Lordships will find detailed 15 Apli - 178 - in the subsequent part of what I have to address to you. My Lords, among other things, it produced the appoint- Appoint- ment of a Resident not in the degree of an ambassador to Resident in reside at the Court of Oude, to observe the motions of the Ol Court of Oude, on the part of Great Britain, but a person Avith an establishment of a civil nature, interfering with every act of government, so as to render it impossible to say whether the Kesident of the East India Company of England, or the Prince of the country himself, was the person most to be obeyed, or the person who most commanded the government of the country. This seems to me to be all that is necessary to address to your Lordships upon the subject of the origin of our connexion with Oude. I now come to the first clause of the Article, namely, the ist Clause allegation respecting the rank and character of the Prin- Article cesses. Your Lordships will find, by looking into the history dfaracTefof of India, that the eldest Princess was the daughter of Saadat thcPrin- . ,. , . , . e . T ,. , cesses. All, a person or great rank and consideration in India, and Thc eldcst who vied at one time with the famous Wazir of the empire, ^"i^of the Nizam of the Carnatic a person who had well nigh at Snja-ud- onc time overturned the power and authority of that great Wazir, and a person who, finding he was not able to over- turn his power, had accepted a situation almost equally the same Captain of all India. This lady was his daughter. And Saadat Ali was one of the most extraordinary characters India ever produced. He bestowed his only daughter upon a person of the name of Suffdar Jung, a person whom some historians of India relate to have been of very low origin, and whom others represent otherwise ; but be it as it may, she is a Avoman of great consequence. Suffdar Jung was allied to her ; and Suffdar Jung, by the will of Saadat Ali, succeeded to the government of Oude. Suffdar Jung was a person of great consideration, and before the King of Delhi, or the Great Mogul, became a mere cypher in the govern- ment of India, he obtained the place of Wazir or Minister of India ; which was handed down from him to Asoff-ud- Theyounger Dowla, the present Nawab of Oude. The younger Princess widow of is the widow of Suja-ud-Dowla, a person of great rank and D"^^" character in India a person who your Lordships know vied in the field with England, and a person who afterwards became the close and firm ally of this country. This is not all that is necessary for your Lordships' consideration with regard to the situation of these ladies : 1 have another circum- 378 Openiny of the Second Charge Beyutns of Oude : 15 A Pit. 1788. stance to add, which I am sure, in any country, but particu- larly in this country, and when applied to Indian ladies, will strike deep in your Lordships' minds, as making this charge a fit subject of consideration for your Lordships. My Lords, I mean the sex of the persons about whom this charge treats. Throughout the world all mankind are agreed in RI 'liar. i mvinii peculiar protection to that sex. But in India it is shown to . i i i i -111 women in almost peculiarly necessary that peculiar protection should be given to them. The Jaws of that country therefore liave made many wise and useful regulations which put them in a situation of peculiar respect, because they are peculiarly defenceless. My Lords, that is to be found in every history of India ; but I wish to go to that history which the person at your bar cannot contradict. My Lords, in the course of the dis- cussions of the Supreme Council at Calcutta with respect to the distribution of justice in India, a letter is sent home to the Secretary of State here, signed by Mr. Hastings, Mr. Francis and Mr. Wheler, of which this is a paragraph : " To those who are acquainted with this country and the character of its natives, it is well known that, among the stubborn and immutable usages of a people who by an unheard of policy are thus attempted to be dragged within the pale of our laws, there are not any who are so imme- diately blended with their natures, so interwoven with their very exist- ence, and a force upon which were therefore so likely to drive them to desperation, as those which regard their women ; a reason for which \ve presume, you will think with us that policy and humanity should in all situations respect them."* My Lords, I have likewise the authority of the person who was sent out Chief Justice to India upon this head, who writes upon the 25th March, 1775 : "A woman, Hindu or Moor, if not of the outcast of the people, can by no treatment be provoked to apply to a court of justice if she must make her personal appearance. There is no process she would not stand out rather than appear as a witness. An accusation against her, if she is brought forth to make answer, is equal to a capital offence. The indig- nity in either case is so great, and her feelings of it so strong, she woidd after such an exposure consider it a disgrace to live." Your Lordships find, therefore, from these two authorities, as well as from the uniform and uncontradicted history of India, that the appearance of women in public is considered as a disgrace ; and, when your Lordships consider the peculiar * The letter is dated 25th January, 1780, and the extract is printed in the ' Minutes of the Evidence," p. 420. Speech of Mr. Adam. 379 institution of that country with regard to marriage, I am is APR. ms sure your Lordships will agree that it is a wise and a salutary institution in that part of the globe. Besides this, if your Lordships will look into the kuran, particularly into the fourth chapter, which is peculiarly appropriated and set apart to this subject, your Lordships will find, at the same time that there is a stream of beautiful and just morality running through the whole of it, Avith the single exception of the peculiarity with respect to the institution of marriage, that all that is here stated by the two authorities I have quoted to your Lordships is perfectly correct and just. Then, my Lords, I have established the first part of this charge, namely, that these women were of high rank, and that women are held in a peculiarly sacred situation in that part of the globe. The next part to which I proceed is that which regards Property of their property. And here, as there has been a great deal cesses!" 1 " of dispute at different times as the person at your bar has held very different language concerning it -as the situa- tions in which he has been placed have led him to view the circumstances of their rights differently at different times it becomes essentially necessary that I should establish upon the ground of argument those facts which will be in proof to your Lordships, to show your Lordships that the persons whom I have described were left in possession of a very considerable property, real and personal., both jagirs and treasures, by their deceased husbands. Your Lordships will find, in the first place, with regard jagirs pos- to the jagirs, that the Wazir expresses himself thus, in a ^cm? by treaty which will be read to your Lordships, namely the treaty of the 15th of October, 1775 " I also engage that I will never molest my mother in the enjoyment of the jaghires, gunges, ike., or the mints of Oude, Fyzabad, &c., conferred on her by the late blessed Nabob ; but will leave her in the full possession of them during her lifetime." Your Lord- ships observe then, by the declaration of the person most interested, namely the declaration of Asoff-ud-Dowla him- self, that he gives it under his hand, in a treaty entered into under all the forms and solemnities of the Mohammedan religion, as his firm opinion that these jagirs were granted to his mother by Suja-ud-Dowla; and he engages that he will never molest her in the enjoyment of them. In a letter of the 3d of April, 1778, which I shall have occasion to allude to afterwards, your Lordships will find that Mr. Hastings was of the same opinion. I will not 380 Opening of the Second Charge Beyums of Oude: of Snja-iul- Dowla 13 APE. 1788. trouble your Lordships with citing the passages at present, but with the date only. The authority of Mr. Hastings and of Asoff-ud-Dowla I consider as complete and positive evidence to show that the jagirs were granted to her I speak of the youngest Princess by her deceased husband, Suja-ud-Dowla, and that she was clearly and legally in possession of them. Treasures With regard to the treasures, as there has been more dis- beloniring to ' , , -, . the widow pute about them so there is a greater degree ot intricacy concerning them ; but I flatter myself I shall be able to establish most clearly to your Lordships, in argument which argument will be supported and enforced by the evidence that Avill be called that those treasures of right belonged to this Princess likewise. First of all, she was in possession of them ; and the mere circumstance of her being in possession of them is at least presumptive evidence that the property belongs to her. In the next place, that there is nothing in the laws of the kuran, nor in the laws of that country, that make it impossible or improper for Suja-ud- Dowla to grant such treasures to his wife upon his death- bed, or otherwise, by leaving her in possession of them. In the next place, she was in possession of them by their being in the zamina. And here it is necessary to state that the zanana is the apartment particularly allotted to the women, where no person can go but their own nearest rela- tions ; where they never see the face of man, but when they see their husband, their son, or their brother. Here therefore it is impossible for any man to enter. Force could not go to deprive them of these treasures, and their being deposited there was equivalent completely to their having been granted to her by will or devise. My Lords, the next stage of proof I have to state is the opinion of Mr. Bristow, who was Resident at the Court of Otide in the year 1775, and who had occasion, as your Lordships will hear in the sequel, to inquire very minutely into this matter. Mr. Hastings entered into a negotiation, on the part of the Nawab, with the Princess his mother, for the purpose of obtaining from her part of those trea- sures; therefore, when Mr. Bristow's letters are read, your Lordships will always carry this in your mind that a great part of these letters are the representations of a negotiator, upon one part, to the person with whom he is negotiating [on the other part]* in order to obtain his end. rived from their being in the zannim. Opinion of Ufill Ur. to the treasures. * Supplied by Mr. Adam. Speech of Mr. Adam. 38 1 Your Lordships will find therefore that, when Mr. Bristow is APR.ITSS. relates what he said to the Princess mother, on the part of the Nawab of Oude, he states it in a manner ad- verse to her interests and her rights, and that he repre- sents that statement to his employers, the Council at Calcutta. But when you strip Mr. Bristow's evidence of that circum- stance when you divest him of the character of a negotiator, and take him in the situation of Resident at the court of Oude your Lordships will find that Mr. Bristow's evidence is clear and positive, and that throughout there are expres- sions, the strongest that can be imagined, in order to prove to your Lordships that Mr. Bristow thought these treasures were the actual possession and the actual property of the Princess to whom, in this charge, they arc alleged to have belonged. My Lords, as I. shall have occasion, in the course of what I have to state, to allude to several written documents, I will detain your Lordships as little as possible with the parts I am to read, convinced that what I have stated with regard to Mr. Bristow's evidence will be in your Lordship's recol- lection ; and it will be pointed out by the gentlemen when that evidence shall come to be detailed. I shall not detain your Lordships with reading it, but leave it upon thie asser- tion, that always throughout, except when Mr. Bristow stands in the character of negotiator, he gives opinions favourable to the rights of the ladies and unfavourable to the rights of the Nawab. Mr. Middleton, who was Resident at Mr. Middie- Oude, and who had negotiations with these ladies in 1778, dence? Vl " never states a circumstance, till after the transactions in which he was the principal agent of Mr. Hastings in violating the rights of these Princesses, he never states anything in the year 1778, or previous to the year 1781, as far as I have been able to find, adverse to the abstract rights of these Princesses. My Lords, then I have established thus far ; I have shown your Lordships that they were in pos- session that there was nothing in the law of their country against it that the treasure was in the zanana that Mr. Bristow and Mr. Middleton, whose duty it was to inves- tigate the matter upon the spot, except when they stood in the character in which I have placed them, individually and reciprocally, were clearly of opinion that the property belonged to the Princesses of Oude. My Lords, the next witness I shall call in support of Opinions of . -r T , . . , <-, ! the Supreme this matter to your Lordships is the Supreme Council at council in Calcutta, who, in consequence of the negotiation in 1775 '"" treasures. 382 Opening of the Second Charge Begums of Oude ; 1.1788. and 1776, had occasion to investigate this matter upon the representation of Mr. Bristow. Your Lordships will find in the minutes of the Council and in the consultations of that time considerable difference of opinion upon some points ; but you will find that all the Council agree that whatever is in the zanana belongs to the ladies. This treasure then will appear to your Lordships to be in the zanana, and, being in the zanana, you have the opinion of the Council that it belongs to the ladies. But this is not all. In the course of the transactions between Mr. Bristow and the younger !1 ' Princess of Oude, your Lordships will find that a sum of questions of money was to be paid by the Princesses to the Nawab, in dispute re- .-i J , spooling consideration that we were to guarantee to her all the rest. This sum of money was to be paid in this way she had already advanced to the Nawab twenty-six lacs or 260,0007.; she was to advance thirty lacs more, in all 560,()00/. The thirty lacs which she was to advance she was to pay in this manner nineteen lacs in money and the rest in movables, in jewels and property. A question arose about the property of those movables : the Wazir said they belonged to him ; the Princess insisted that they belonged to her. The question was with regard to the balance of about two lacs and a half of the property. Whether those two lacs and a half belonged to the Wazir, or whether they belonged to the Princess? This matter was investigated by Mr. Bristow upon the spot ; [the result of his investigation] transmitted to the Board at Calcutta, and discussed : and the Board at Calcutta deter- mined respecting these two lacs. It is not in my memory at present in which way they determined that matter; but it makes no difference to the argument I mean to use, because if they determined it in favour of the Wazir, then all above that belonged to the Princess ; if they did not determine it in favour of the Wazir, then, a fortiori, all that the Princess retained besides belonged to her. There was another question with respect to this property. The Wazir said he was intitled to nine lacs, the Princess said he was intitled to three lacs only. That dispute which subsisted for some time was likewise referred to the Council at Calcutta : and, upon all the evidence stated on one side and the other by Mr. Bristow in his letter, the Council deter- mined that the Wazir should take five lacs ; which the Princess was willing to give him, and which he took. Then, upon the payment of the thirty lacs in this way and upon a release for the twenty-six lacs, your Lordships will find no Speech of Mr. Adam. 383 further demand was to be made upon the Princess : and in is Am.1788. consequence of that the Board, having considered all these matters, write in their letter from Bengal on the 12th of September, 1776, thus: "The Nabob has at length agreed to sign a full acquittal for the thirty lacs of rupees which his mother had engaged to advance him, on her promising to pay him in ready money five lacs instead of nine which lie claimed as the balance due on that account. He has assigned these five lacs to the Company in part payment of his debts." Your Lordships find then that they had agreed to the acceptance of those five lacs. I therefore contend that they were of opinion that all above the five lacs belonged to the Princess ; but it is perfectly clear that all above the nine lacs belonged to the Princess. The next witness I call to your Lordships upon this part of the subject is Mr. Hastings himself. And I confess I feel so much impressed with the importance of this part I am now going to state, towards finding the criminality of all that followed, that it is impossible for me not to introduce it to your Lordships in the solemn manner in which it originated. My Lords, the dispute which I have stated made the Letter of Princess of Oude extremely uneasy. She wrote a letter to appealing^ Mr. Hastings individually and not to the Council : she sent ttoVofMr" it by one of her most confidential servants to Calcutta. Hastings. In that letter she expressed all her feelings, all her thoughts and all her arguments, upon the subject ; and when your Lordships come to hear the letter from beginning to end I will venture to affirm that it would not disgrace the spirit of Elizabeth nor the talents of Cecil ; that it might have done honour to the most elevated Princess in point of character and talent that ever existed in the world ; and that it might have done honour to the ablest adviser that the ablest Princess ever had, at any period or in any country on the globe. Among other paragraphs in that letter your Lordships will find this most remarkable sentence : " I went to the Nabob when the hour of his death approached, and asked him to whose charge he left me. He replied, ' Apply to Mr. Hastings whenever you have occasion for assistance ; he will befriend you when I am no more.' " I hope that sentence will be engraven deep in the memories of your Lordship?. I hope that through the medium of your Lord- ships' memories it will find the way to your Lordships' hearts. 384 Opening of the Second Charge Begums of Oude : is APE. 1788. 1 hope that that sentence will never be absent from your minds during the whole investigation of this important charge. I trust that you will call upon him to befriend that Princess in the manner in which he befriended her then to the last period of his government, or, if not, that you will cnli him to a .strict and accurate account that you will call upon him to lay such clear evidence of her guilt before you, as it is impossible for the most stupid to doubt or the most ignorant not to see. He was bound by every tie of friendship, he was bound by every tie of gratitude, by every sentiment that could make its way to the heart of man. He was bound by more than that. Mr. Hastings had the Rohilla contract green in his recollection. He remembered, as your Lord- ships will find, that contract, the morning of which rose in avarice, the noon of which shone forth in extermination, and the evening of which went down red in blood. He remembered the gratitude he owed Suja-ud-Dowla for having been a participator with him in those acts of guilt. He recollected that he was bound by every tie of guilt, upon those principles which seemed to form stronger bands upon his mind than those pure principles of humanity and justice which dictate the conduct of other men ; and there- fore your Lordships will see how he did befriend in that period, 1775, this unfortunate Princess. lie communicated this to the Council. He desired their opinion upon it, The Council desired his opinion in the first instance He writes to the following purport : Mr Hast- " All my present wish is that the orders of the Board may be such as ings in re- may obviate or remove the discredit which the English name may suffer icivncc to |,y ti, e exercise, or even the public appearance, of oppression on a person cem' letter, of the Begum's rank, character and sex." He then states our right to interfere, the Nawab having called for the assistance of our Government ; and then he adds : " I am therefore of opinion, and I recommend, that a letter be written by the Board to Mr. Bristow commanding him to remonstrate to the Nabob Vizier against the seizure of the goods as his own original pro- perty, which he received from his mother in payment of the eleven lacs stipulated to be so made ; to insist upon the Nabob's receiving them in payment ; and that he either admit of the valuation which he has put upon them, or that he allow them to be appraised by persons appointed for that purpose by both parties ; and that Mr. Bristow be further ordered to request and if necessary to insist in the name of this govern- ment that the Nabob do grant permission to the Begum to repair to Speech of Mr. Adam, 3S.5 and reside within any part which she may choose of the Company's 16 APE. I7s. territories."* Your Lordships see then the extraordinary production of an extraordinary soil. Your Lordships may be astonished to think that sentiments so humane and virtuous senti- ments so kind and protecting could spring from such a soil as the Rohilla contract. It seems as if the order of nature had been for a moment suspended. We know that ; " Pard genders pard from tigers tigers spring ; No dove is hatch'd beneath the vulture's wing." That is not more beautiful in poetry than true in philo- sophy. For a moment you find the laws of nature sus- pended. But though suspended for a time, though nature was driven from its course, your Lordships will find it again return to its own channel, you will find the same principle which dictated the conduct of the Rohilla war in 1773 again revive in such acts of atrocity as will make your Lordships shudder. You will find it dictating the destruction, ruin and pillaging, of these Princesses. My Lords, I must pause in the course of my narrative before I come to state how this man returned again to his ancient course, and how nature was only expelled for a time to return with greater force and violence to that course. My Lords, I have now stated the opinion of Mr. Hastings in addition to the other opinions which I gave to your Lord- ships; but I have a further piece of evidence, perhaps stronger than any of the rest, to lay before your Lordships, I mean the opinion of AsofF-ud-Dowla himself, the person opinion of interested. He says: "Having received these," viz., the twenty-six lacs released and the thirty advanced, " I re- nounce all further demands upon her." Then, upon the 18th of December, 1775, Mr. Bristow, in writing to the Board, says, " Respecting the treaty with the Begum, I have had many letters from her complaining of its not being abided by, and that the Nabob does her great injustice in disputing her right to effects which she wants to deliver to him ; but he asserts them to be his property, as they were under the charge of his cousuma." f Therefore your Lordships observe the only question here is under whose care they are ; if under the care of his khansaman they are his ; if not, your * Minute of Mr. Hastings, 3rd January, 1776. Printed in the Minutes of the Evidence, p. 448. t Khansaman, a house-steward, or butler.- -^ Wihon. B B. 386 Opening of the Second Charge Begums of Oude : 15 APH. 1788. Lordships will see presently he admits them to be hers, and only deposited in one of the buildings adjoining to the Begum's palace. He says " he acknowledges her right to anything in trust with her own servants, but all other effects belong to him." Then, my Lords, the only point to ascertain is whether those things were in trust with her own servants or no. Your Lordships will see throughout that they were in trust with her own servants ; and, even if it were not produced in evidence to your Lordships, the necessary conclusion from the facts I have stated must be, that they were in trust with her servants, or the Wazir would never have yielded them. Your Lordships will observe that there is but one other species of evidence that can by any possibility enforce her right to the treasures, and that is the evidence of the trans- Evidencede- action itself. I have already stated that the Wnzir, before th V e c w^?s the interference of the India Company, had borrowed giving his twenty-six lacs from the Princess mother ; for which bond for a J . . ., -, i i i -r -n loan of a twenty-six lacs it will appear he gave his bond. It will thetreasiire. appear to your Lordships that he not only gave his bond, but also gave security in land. Now your Lordships need not be told that no person borrows or gives security for his own money, therefore the evidentia rei, as it is called among lawyers that evidence which cannot lie that evi- dence which no cross-examination can twist that evidence which no possibility can defeat that evidence is so strong and so clear that you must draw this conclusion in your minds, that this property belonged to the Princess and not to the Wazir. My Lords, I have thus reasoned from the lowest species of presumption, the possession of the property, to the highest species of evidence that the nature of the transaction admits of, in a regular climax, and am sure your Lordships will be of opinion that this climax of reasoning in evidence is not less sound and less conclusive to the mind and understanding than a climax is beautiful and conclusive in rhetoric. With these observations I leave the title of the younger Princess, perfectly certain that there is not a better title among any of your Lordships to your hereditary estates than the title she had to those treasures. Property of My Lords, the next question is with regard to the pro- perty of the elder Princess. The property of the elder Princess has not been so often disputed ; and, although it has been pillaged and taken away, yet there has never been a Speech of Mr. Adam. 387 doubt raised with regard to the authenticity of her property : ^ APE.ITSS. therefore all I shall trouble your Lordships with upon that head is an extract from Mr. Hastings' answer in the House of Commons, which speaks in the following words : " She (the Nabob's mother), was suffered to demand, and actually to exact, upon the Nabob an increase of jaghires to ten times the amount of the income which had been settled upon the old Begum by her deceased son Suja-ud-Dowla, for the maintenance of herself and the numerous family and dependents of her late husband Sufda Jung." So that your Lordships see, by the acknowledgment of Mr. Hastings himself, that Suffdar Jung had settled a jagir upon the elder Princess, for the maintenance of his family and dependants. My Lords, this brings me to the beginning of the third Paragraphs paragraph ; and from the third to the seventh paragraph I The suarau- stated to your Lordships were contained all the allegations younger* 5 respecting the guarantees to the younger Princess. It will ^ rincess - be necessary that I should state to your Lordships, for the purpose of your clearly understanding it, and for the purpose of seeing at the same time the solemnity of it, the nature of these guarantees. On the 15th of October, 1775, the East India Company entered into a guarantee, confirming tho younger Princess in all her property : " I, Azoff-ul-Dowla Bahadre, engage and give this written agreement, Agreement viz., I have now taken from my mother 30 lacs of rupees on account of ?\ ' the present, and 26 lacs on account of former debts, in specie, goods, jewels, elephants, camels, &c., from the patrimony of my father, and have no further claim on her. Having received this through the English chiefs, I renounce all further demands on her. I also engage that I will never molest my mother in the enjoyment of the jaghires, gunges, culladarrils, gardens, or the mints of Oude, Fyzabad, &c., conferred on her by the late blessed Nabob ; but will leave her in the full possession of them during her lifetime. As long as my mother lives I will give her no trouble on account of them'; she shall collect whatever appears to l)e due from the said jaghires by her own people : I will not obstruct it. When my mother goes on her pilgrimage, she is at liberty to leave the jaghires, &c. under the charge of whomsoever she pleases : it is entirely at her option : I will not oppose it. Whether she resides here or goes on her pilgrimage, the jaghires, &c. shall remain in her possession, and no person shall on any occasion obstruct or molest her therein. To whomsoever my mother shall give charge of the jaghires, &c., I will on every occasion protect and assist him; and when she goes on her pilgri- mage she is at liberty to take with her such of her slaves, women and goods, as she thinks proper. I will not molest her nor will I give any trouble to Jewar Ally Khan, Bahadre Ally Khan, Nuhaut Ally Khan, Shegoon Ally Khan, or to the taveldarries, by any demand on them. My mother is at liberty to act as she pleases therein : she is the mistress. For the observance of these Articles I give God and his Prophet, the twelve Imaums, the fourteen Maussoons : and the English B B 2 388 Opening of the Second Charge Begums of Oude ; Guarantee of the Com- pany. 15 APE. 1788. chiefs are joined in this engagement. Further, I will not in future demand any loan from my mother. 1 have no claim on her, nor will I ever deviate from this engagement. Should I act contrary thereto, jt nla y be supposed that I am estranged from the English chiefs and the Company. I have, accordingly, given this as a coulnamma to remain as a voucher." Accordingly, my Lords, the English chiefs became guaran- tees to this kaulnama, under all the ceremonies and all the solemnities of the Mohammedan religion, imposed upon him- self by Asoff-ud-Dowla : " The English chiefs are guaran- tees for the observance of these articles no one shall molest her."* Your Lordships will see in the sequel who did molest her. My Lords., I have concluded everything that is necessary respecting the guarantee, and have now got to the eighth paragraph of the Article, where your Lordships will find the allegations respecting Mr. Hastings' conduct upon this busi- ness. In the year 1778, Asoff-ud-Dowla molested his grand- mother, the elder Princess, in the possession of her property. In consequence of which it became necessary, as Mr. Middle-- ton thought, that he should make a journey to Fyzabad. Your Lordships will find that, after his journey to Fyzabad, he had occasion to change his opinion, and, instead of acting in a manner the Wazir approved of, to inforce the demands that the Wazir had represented to him as legal, he found, upon the representation of the Princess, that the demands the Wazir was making were unreasonable. The consequence of the journey then was this that Mr. Middle ton began a correspondence with the Board, and that in that correspon- dence with the Board at Calcutta, he set forth the rights of the elder Princess in such a manner as to convince the Board that they ought to interfere in favour of her rights. What respects her rights comes in the subsequent paragraph ; but it is impossible for me to make your Lordships understand the reasons of this interference of Mr. Hastings, without stating now the cause of Mr. Middleton's visit to the court of Fyza- bad. In consequence of those letters Mr. Hastings and the Board express themselves thus there was likewise a discus- sion about the property of the younger Princess at the same time : Paragraph VIII.-Mr. Hastings' conduct. Visit of Mr. Middletoii to Fyzabad. His corre- spondence with the Council. " With res P ect to the Bow Begum (that is the younger Princess), her ings that grievances come before us on a very different footing. She is entitled to the younger Princess was * Printed in the " Minutes of the Evidence," &c., p. 442. Speech of Mr. Adam. 389 our protection by an act not sought by us, but solicited by the Nabob 15 APE. 1783. himself; and granted in compliance with his and her request. We there- fore empower and direct you to afford your support and protection to her, < ;lltitl ed to in the due maintenance of all the rights she possesses in virtue of the treaty tec of'fho 11 " executed between her and her son, under the guarantee of the Company, Company. and against every attempt that may be directly or indirectly made to infringe them."* This part of Mr. Middleton's proceeding regards the mother of Asoft-ud-Dowla; and your Lordships see that Mr. Hastings, at this time a member of the Board at Cal- cutta, delivered it as his opinion that she was clearly intitled to the fulfilment of the guarantee upon the part of the Com- pany. At this time, it is necessary to observe, that the Council consisted of Mr. Hastings, Mr. Bar well, Mr. Francis and Mr. \\hcler. Mr. Hastings and Mr. Barwell drew together: o o * and, therefore, even if there had been any dispute in the Council upon the subject, Mr. Hastings' casting vote carried the question in the way that he thought fit. Mr. Hastings is not contented with the transactions that appear upon the public records respecting this matter ; but he thinks it essen- tial that his name and authority should stand particularly forth to the Nawab in support of the rights, both of the younger and elder Princess. Accordingly, in a letter, the date of which I have stated to your Lordships before a letter of the 3d of April, 1778 which, when your Lord- ships hear it stated, you will consider as a monument of something the most extraordinary, when you compare it with the rest of the transactions which I have to lay before you, that it is possible for the human imagination to conceive it is a letter which I beg may be deeply engraven upon your Lordships' memories ; as well as that other letter which I have stated to your Lordships throughout the whole of this business Mr. Hastings writes as follows : " I have received information through a variety of channels of several His letter to measures adopted by your Excellency respecting the two Begums and jJ^Ji"^ others." behalf of the rights of the Your Lordships will observe here, that Mr. Hastings thinks the family of the late Nawab is worthy his peculiar interfe- rence and protection ; and I beg, when your Lordships come to read this, with what you have upon your table delivered as * See the entire letter, printed in the " Minutes of the Evidence," &c., p. 460. 390 Opening of the Second Charge Begums of Oude: 15APH.1788. a record and answered by Mr. Hastings, that you will con- trast it with the foul aspersions in that record. " It is not without the deepest regret that I find myself under the neces- sity of interfering in matters of so delicate a nature ; yet the friendship I hear to your Excellency, and the honour of my employers, whose con- nexion with you is such that every act of your government that either increases or diminishes your reputation affects theirs in the same way, obliges me to point them out to you, and to give my sentiments thereon without the least reserve. 1 n the first place, the Begum your grandmother complains that your Excellency has deprived her of the allowance esta- blished by the late Nabob for the maintenance of the family he left behind him, and you have resumed the jaghires and emoluments of all her sen-ants and immediate dependants ; that you have made no suitable provision for the late Nabob's women and children/and entirely neglected their education ; that you suffer your favourites to infringe her rights and to insult your relations ; and, instead of giving her and them any redress, that you appear to connive at and secretly encourage them in such conduct, by which means she is subjected to the greatest mortifications and indignities. These are the grievances complained of by the Allea Begum, your grandmother. Those alleged by Bow Begum, your mother, are of a similar nature, of unkind treatment from you, and of your with- holding from her certain jaghires and rights which she is entitled to by the gift of the late Nabob. The duty of children towards parents is enjoined by all laws, and the breach of it condemned by all nations. This is a general obligation which is binding on all mankind."* .^'; iiast- My Lords, there cannot be a truer principle of morality, mcntspn there cannot be a principle expressed more clearly and better iai piety. ^ o goto your Lordships' hearts and understandings, it is impossible for the greatest philosopher of antiquity to have had a ray of perspicuity shot into his mind more clear than Mr. Hastings expresses himself with upon this occasion. It seems to me as if some providence had shot into his mind this transient gleam of virtue, for the purpose of enabling your Lordships to contrast it with all that went before ana all that follows after. Contrast the beauty of virtue with the deformity of vice ; contrast the perspicuity of a man when speaking the language of virtue with the tortuous, serpentine, unintelligible, obscure, defence made for the liohilla contract ; or with the more ridiculous, contemptible, falsi- fying, exaggerated, colluding, inconclusive, justification, he made of the injuries he did to Cheyt Sing. If your Lord- ships contrast these, you will only be roused to additional vengeance against the man who can express sentiments of virtue with such purity, and yet conduct, himself throughout life in so extraordinary a manner. This, however, is the * The entire letter, written on the 3d of April, 1778, is printed in the Appendix to the " Minutes of Evidence," Article II., No. V. Speech of Mr. Adam. 391 last production of Mr. Hastings in the line of virtue. Your Lordships saw his sentiments before, in 1775, with regard to the younger Princess; you see his sentiments now in 1778, with regard to both the Princesses. You will find, however, that this is the last mild progeny of the vulture's nest. Your Lordships will find " pard again genders pard from tigers tigers spring ;" that cause and effect return to their order ; that the system of philosophy which guides the uni- verse is once more restored ; and that that man who could contrive such things expresses himself in the only language that the contriver of such things is capable of expressing him- self in. I leave that upon this ground, that I am sure when your Lordships contrast the purity of those sentiments with the obscurity, the wickedness, the malignity, the perfidy, the vio- lence, the want of faith, the want of humanity and morality, which belong to almost every other part of the composition of that man, that your Lordships will agree with me, that he who knew so well how to act right, could only act wrong from the most scandalous, wicked and malicious, motives. My Lords, I now come to that part of the charge which Paragraph respects the guarantee to the elder Princess, and your Lord- Guarantee ships will find that there is almost as much nicety in the dis- i?,*^^ 161 ' cussion of this part of her guarantee as there was nicety in the discussion of that part of the absolute right of the property of the younger Princess. It is necessary, however, as it has been disputed, that I state it to your Lordships with some degree of particularity. I have stated already the object of Mr. Middlcton's journey to Oude, in the year 1778, and I shall be able, I think, in a very few words, to state the conclusion of that journey, and to establish the rights of the elder Princess upon the same clear foundation of the guarantee of the India Company that I have established those of the younger Princess. Mr. Middleton writes to the Board, upon the 27th of January, 1778: " I hope to be favoured with their permission to sanctify the agreement, Letter of in the manner the Begum requires, in my public character. I have M* Middle- i> i J.L i j. x i-i AT i i n i i .1- i ton to the referred the subject to the Nabob for his consideration and approval, council re- but I have little expectation that he will of his own accord acquiesce in commend- the Begum's propositions, however moderate and reasonable they may toe fm-'i'l'i^" appear ; and if he should, his assent alone, without the ratification and elder Prin- guarantee of the English, will not be accepted as any kind of security cess - by the Begum. If, however, his Excellency approves of these proposi- tions, and gives them the sanction of his signature, I apprehend there will be no impropriety in my becoming a surety for their performance : in 392 Opening of the Second Charge Begums of Oude : is APR. 1788. which case the direct interposition of the Honourable Board will not be necessary."* Your Lordships observe, then, that the proposition Mr. Middleton makes is this: "If, however, his Excellency approves of these propositions, and gives them the sanc- tion of his signature (that is the condition), I apprehend there will be no impropriety in my becoming a surety for their performance, in which case the direct interposi- tion of the Honourable Board will not be necessary." Your Lordships observe, then, that the signature of the Nawab is the condition. If the Nawab gives his signature, Mr. Middleton gives it as his opinion that there will be no necessity for their interference, but his security alone will do. The Board, upon the 23d of March, 1778, writes in the following terms : t( We approve of the means you have taken to conciliate the differences that have arisen with the former (that is the elder Begum). "f The question therefore is, Avhat are the means ? The means that I have stated to your Lordships are, that the East India Com- pany should become security or guarantee, through the Resi- dent, for the purpose of maintaining her in her rights, and that that should depend upon the signature of the Nawab. The only question then is, whether the condition prece- dent whether the Nawab who is to enter into that condition fulfilled the conditions or no ; now the best evidence of the fulfilment of that condition is, what the Nawab himself does upon the subject. Your Lordships will find, in the Consultation of the 3d of April, 1780, proceedings relative to this matter, which, though falling at a period of two years later than the time the treaty was entered into, I must necessarily explain to your Lordships. It does not appear that Mr. Middleton, whose duty it was to transmit, this caulnama or agreement to the Board, did transmit it to the Board. If he did, it has not come to our knowledge at the period of time it was entered into. But a variety of transactions had taken place on the part of the Wazir with regard to his jagirdars, or the Councii'to* 10 P ersons wno held landed estates of him, which the Board Mr. Puriinp, thought it necessary to interfere in. Accordingly, in the Residentat -i*,o/> i -it/r T- T i * Oude, to year 1780, they wrote to Mr. 1 urhng, who was at that inquire. * Printed in the " Minutes of the Evidence," p. 500. f Printed as above, p. 501. Speech of Mr. Adam. 393 time Resident at Oude, to inquire into the state of that i5Arn.i7S8. matter, and to transmit to them everything that appeared as documents in the office at Lucknow relative to these subjects. Among others, he transmits those with respect to the elder Princess ; and your Lordships will find, in a letter of the 3d of April, 1780, the following words : "With respect to the jaghires, we are not competent to judge of the propriety of retaining or yielding them back to their proprietors, not knowing who they are; and we desire that you will afford us every information in your power relative to this point." In consequence of that, Mr. Purling, on the 30th of April, 1780, sends a letter to the Board at Calcutta, stating an account of the jagirs belonging to the elder Princess ; and M r. Purling's rcmajks are upon it.* He sends at the same Agreement time a translation of a copy of an agreement, under the dfcton for seal and signature of Mr. Middleton, to all the particulars of treaty *toV which he engages to procure a treaty from the Nawab Asoff- ${" P ;S" 1 , by ud-Dowla after his arrival, and that he will sign it. Then fol- lows the treat y.f Upon one side there is a demand made; upon the other side there is the demand answered. This treaty is not only material on account of establishing the rights of the elder Princess, but it is excessively material to that most im- portant part of the charge, namely, with regard to the widow and children of the deceased Prince Suffdar Jung, and the women and children of Suja-ud-Dowla, against whom such things were committed as will make your Lordships shudder when you hear them. The second article is, that " when the Nabob shall arrive, I (Mr. Middleton) will procure suitable allowances to be made to the ladies of the zenana and the children of the late Nabob Sujah-ul-Dowlah, and take care that they are paid." The sixth is that " I (Mr. Middleton) will endeavour to obtain from the Nabob the sum of 115,000 rupees, on account of the purchase of Metchee Bonhau and the house of Sahebjee, and the fort of the Gossein, with the land and garden, and the baradery on the banks of the Goomy, and bazaar and garden of the house of Mahnarain, and the house of Beny Persaud at Lucknow ; all of which the Nabob Asoph-ul-Dowlah has assumed possession of." To which the Wazir answered " I have passed a bond, payable in six months, for 115,000 rupees, for the price of the houses ; and, God willing, I will * Printed in the " Minutes of the Evidence," p. 480, and in the Appendix, p. 28. f Printed, as above, pp. 461-471, and Appendix, p. 37. 394 Opening of the Second Ckarye Begums of Oude : is APR. 1788. Treaty ufe n Nawab, English. Mr. Hast : of Mr? Mia-*' ortiie treaty priortohis loumey to be?eiLe? treaty f thc pay the amount when it shall become due." The preceding article is, that " I (Mr. Middleton) will, upon the arrival of the Nabob, procure Vizier Gunge and the garden of Sepoy Daud Khaun, or their equivalent, for the Begum." To which the Wazir likewise agrees on the other side. The third article is " That the festivals (Shaddee) and the marriages of the children of the late Nabob Sujah-ul-Dowlah," these were persons of such rank that the question was, whether the son of Suja-ud-Dowla, the Prince of the king- dom, or the mother and grandmother of the Prince of the king- dom, should have the care, and the education and the dis- position in marriage, of these families of children, " shall be at the disposal of the Begum. Whenever she thinks proper, she shall marry them ; and, if the Begum shall go on a pilgrimage, she shall have the authority to appoint and settle their marriages. And whatever money shall be necessary for these expenses shall be paid by the Nabob." To which the Nawab likewise agrees on the other side. The seventh article is " That I will settle with the Nabob the allowances to be made in ready money to the ladies of the zcmina ana< others specified in the following account." That likewise is agreed to by the Nawab. And then it concludes thus " The English are guarantees to the above engage- ments as long as the Begums shall exist." Your Lordships then see that all that was requisite to prove that this guarantee was complete is now proved, namely, the assent of the Nawab, whose assent and signature was the only condition upon which it rested. I have read to your Lordships the kaulnama, rcgu- larly transmitted I have read the date of that kaulnama I have read the period into which it came into Mr. Hastings' possession if it did not come before namely, in the begin- n i n g o f the year 1780. I therefore put Mr. Hastings , , , . PHI i*- * i 11 T-I completely in possession or all that Mr. Middleton did at Fyzabad in 1778, previous to his journey to Lucknow. I vest him, therefore, with all the responsibility of the know- ledge of that treaty being made and existing, the only con- dition on which that rested having been fulfilled. Whether ^ r - Hastings had any communication of this treaty or no, at an C!ir ^ er period, it is impossible for me to say. All that I can say is, that, in the course of this charge, as well as in the former charge, and in the course of every charge that is to succeed this, your Lordships will find such strong reason to suppose that Mr. Hastings did at different times suppress Speech of Mr. Adam. 395 every tiling which he thought material to be suppressed and is APE. 1788. kept from the eyes of the Company and the Board that he was acting with that your Lordships will doubt ex- tremely whether, when we do not produce a paper at the time when it should have been executed and produced, Mr. Hastings may not nevertheless have been in possession of that paper. My Lords, I have now gone through the first part of the constituent parts of the crime. I have established the rights of the Princesses of Oude. I have established the guarantees of the English Company in support of these rights, to both the one and the other. I therefore now leave both these Princesses in complete and absolute possession of their pro- perty, guaranteed by the India Company. The next part that I am to state to your Lordships are Duties of the duties of Mr. Hastings. It is unnecessary for me to jojp M waste much of your Lordships' time upon those duties which Q^^^ attached upon him as Governor General. Your Lordships Manner or know the manner in which he was invested with that great authority, a circumstance which I confess makes his crimes in the view I take of them bear much harder upon him. lie was not the choice of an individual; he was not the person who was brought forth from particular private favour ; it could not be said that court intrigue put Mr. Hastings at the head of India. Mr. Hastings was appointed to his situation of Governor by the King, Lords and Commons, of Great Britain, in Parliament assembled, in the highest functions of their legislative capacity, uniting all their legis- lative wisdom ; the two branches of the legislature uniting with the executive power the third branch of the legisla- ture to confer upon that man the greatest power and authority that was ever vested in the hands of any British subject. Has not then that legislature which now stands present either in reality or in idea, which I now address in different parts of this House, and which I address even upon the throne in my mind's eye has it not a right to Hisre call to a strict account that man who was so honourably parliament. appointed? If a man is appointed by court intrigue if a man is appointed by personal favour if by the particular friendship of a minister if the particular friendship of the King should select this or that man to the discharge of a public duty and he should ill discharge it, he is responsible, and gravely responsible, to his country for the trust which he has so ill discharged. But if an individual 396 Opening of the Second Charge Begums of Oude : is APK.1788. should bo appointed so honourably as this man was, by the solemn decision of Parliament, discussing his name and contem- plating his character vesting in him such a trust as I have described your Lordships will think that that man ought to be peculiarly wary. And if he has misconducted him- self, your Lordships will, no doubt, when you shall pro- nounce sentence upon him, view him in the exalted light I have stated, and view the dignity and honour in which he was placed, with the disgrace into Avhich he has fallen, and the misery he has made others suffer. With regard to Mr. Hastings, as Governor General, he was bound to do everything for the interest of the India Company consistent with the interests of others ; he was bound to maintain the guarantees of the India Company ; he was bound to keep faith with the allies of the India Company ; he was bound, as far as regards this charge, to take care that no person, and particularly that Asoff-ud-Dowla, should infringe the rarajtrapbs rights of these Princesses. This is not all ; for Mr. Hastings has contrived to heap upon himself other responsibilities, which are set forth in the eleventh, twelfth and thirteenth, illegal dele- paragraphs. In the first place, your Lordships have heard power by of the illegal delegation to go to Benares and Oude. It Avill ings. a be unnecessary for me to enter at large into that subject again. I will merely state one or two arguments which occur to me, why this delegation must necessarily be illegal. In the first place, it is contrary to the instructions of the East India Company, which your Lordships have heard read. In the next place, the act gives no such power ; but vests the Governor General and Council, as a body politic to transact their business, altogether incapable of separating themselves or going to different parts of the Company's possessions in India. And if any proof Avere necessary to support that, the late acts of Parliament, empowering the Governor General, now in India, to go to distant settlements, is another strong proof that the act gave no such power. But, besides that, there is another reason which shows that this delegation could not possibly be legal. There were four persons appointed of the Council at Bengal over Bengal, Behar and Orissa, with a superintending power over the other settlements, but with no power of going thither They Avere bound to do it altogether. If any Avere absent, the remaining persons were to do it ; but one person could not execute the duty at one place and another at another place. Far less could they do this upon any principles of reason, Speech of Mr, Adam. 397 They could not possibly come into an agreement to yield up ISAPR.IVSS. their opinion to one another. Suppose any of the learned persons who preside over the laws of this country, in any of the courts of justice which surround this hall, were to come to an agreement with any of their brethren, or all of the court, that whatever they determined upon such a case they would agree to, whether absent or present, giving their conscience and opinion in the discharge of their sacred trust into the hands of another, would not that be a crime upon the face of it, and such as must in the nature of it be illegal? There is no earthly difference between the constitu- tion of the Supreme Council at Calcutta and the courts of justice in Westminster Hall, in that respect. Therefore, in the first place, by doing this illegal act, and in the next place, if it had been legal, Mr. Hastings vested himself with additional responsibility, putting himself out. of his place. And therefore for whatever he did, in that situation, he is to be called upon to answer on a stricter and more minute investigation. The next thing Mr. Hastings did, which clothes him with Responsi- additional responsibility, was the appointment of his own curredby agent to the court of Lucknow professedly his own agent fngs^ap- and the withdrawing the agent or Resident of the India pointing his ^ o own fu Company. Your Lordships have already heard of a similar at Luc transaction with regard to the affairs of Benares. The same transaction took place with regard to the affairs of Glide ; and it took place upon a very extraordinary and singular occasion, at a singular time, and in a very singular manner. Your Lordships will observe that, on the 21st of May, 1781, Mr. Hastings determined to go to Lucknow, and the minute vesting him with the power, and the credentials, followed soon after. It happened upon that very clay he sets forth, in consultation, his reasons (which I shall have occasion to allude to hereafter) for going to Lncknow; upon that very day he determines to recall Mr. Bristow. Now it is ^ here necessary for the understanding the subject that 1 should state to your Lordships the history of the appoint- ment of Residents to Oude. Your Lordships will find that Mr. Middleton was Resident at Oude in the year 1774 ; that Mr. Bristow, by the special appointment of the court of Directors, was appointed in December of that year to be Resident at Oude ; that he was recalled upon the 2d of December, 1776, and Mr. Middleton was appointed again to succeed him in December, 1776; that Mr. Middleton 398 Opening of the Second Charge Begums of Oude : is APR. i78. resigned the Residency in 1779; that Mr. Purling was appointed in 1779, and recalled in September, 1780 ; that Mr. Bristow was again appointed in September, 1780. And it is necessary that I should state the transaction of this appointment. There is a long debate in the Council whether Mr. Bristow should not be appointed, in consequence of an order, which he himself carried with him from England, of the court of Directors, to be Resident at the court of Oudc. This was suspended for some time. Mr. Francis brought the matter forward. Mr. Hastings made a violent, hostile and adverse, minute to Mr. Francis, stating the time to be impro- per. The Council then consisted of Mr. Francis, Mr. "Wheler, Sir Eyre Coote, Mr. Barwell and Mr. Hastings The con- sequence then of this was that Sir Eyre Coote, who had been in the upper provinces with the army, retired while this question was under consideration. He required time to deliberate on it ; he took a day for deliberation, and then came into the opinion of Mr. Francis ; and accordingly they appointed Mr. Bristow to repair to Oude as Resident, in conformity with the order of the court of Directors. But Mr. Hastings thought it necessary that he should have a spy, not only upon the transactions of Oude, but upon the Resident placed there by the court of Directors. He pre- tended that, as that country depended immediately through him upon the Council, he should have a person there for His appoint- the management of the finances, at least. Accordingly he onf' made a proposition that Mr. Middleton should be appointed to the finances in Oude, and that Mr. Bristow should be con- fined to the management of the political concerns. The consequence of this was, that Mr. Bristow and Mr. Middleton both repaired to Oude. And your Lordships will see, through- out the evidence, that Mr. Middleton was at Oude merely as a spy upon Mr. BristoAv ; that he was contriving and concerting letters for the Wazir ; that he was putting words in his mouth, calling upon him to make demands and propositions. The whole face of the correspondence bears the appearance that he was there for that purpose, and that purpose only. After this had gone on for some time ; after it ap- peared that that trick which took place in almost every part of the government of Mr. Hastings was practised with the Nawab of Oude ; that he was always in the habit of dictating the requisitions and propositions which were to be made to Mr. Hastings himself ; your Lordships will find that, after a great deal of that, in the year 1781, upon the 21st of Speech of Mr. Adam. 399 May, Mr. Bristow is recalled from Oucle and brought back to Calcutta, and Mr. Middleton left in complete and full possession of both political and financial authority in the country of Oude. When I state that Mr. Middleton is described by Mr. Hastings to be his own personal agent ; that he put him there because he was his own agent ; that he treats him throughout as his agent ; that from that time down to his defence in the House of Commons he says he was intitled to have a peculiarly confidential agent there ; then your Lordships will view the conduct of Mr. Hastings through Mr. Middleton with a peculiar degree of jealousy, and will apply to it the strictest and nicest scrutiny you are capable of giving it. Not only this, but, at the time Mr. Hastings Hisoi.joct recalls Mr. Bristow, he does not state upon the record or any- M^Bristow. where else a single fault that he found with Mr. Bristow, so that it must appear to your Lordships most clearly, from the evidence I am about to state and from passages I shall read, that there could be but one motive, as my learned friend stated the other day, much better than I can state it, namely, that he wished to withdraw that screen for the purpose of preventing his machinations, crimes and misdeeds, being dis- covered, and that he might have a conspirator like himself in order to perpetrate these acts which his wicked imagination had devised. Your Lordships will find that, on the 22d of August, 1782, a person who resided at Calcutta, and had constant communication with Mr. Hastings on the part of the Nawab of Oude, whose vakil he was, Govind Ram, writes [to the Wazir] in this way it is inserted in the Consultations and never anywhere contradicted: " When Mr. Bristow formerly held the office of Resident/' at Lucknow " he was not ap- ponted by him " Mr. Hastings " and notwithstanding he had not shown any instances of disobedience, yet he had deemed it necessary to recall him, because he had been patronized and appointed by gentlemen who were in oppo- sition to him, and had counteracted and thwarted all his measures that this had been his reason for recalling Mr. Bristow." Mr. Hastings appointed Mr. Bristow again in consequence of the orders of the court of Directors ; and Mr. Hastings accompanied his appointment of Mr. Bristow with a letter of instructions.* In that letter of instruc- * Printed in the Appendix to the " Minutes of the Evidence," Art. II. No. LIX. 400 Opening of the Second Charge Begums of Oude : 15 APE. 1788. Responsi- bility in- curred by Mr. Hast- ings in as- suming the entire go- vernment of Oude. Proof of his assumption of the go- vernment, from his letter of in- structions toMr.Mid- dleton. tions there is the following paragraph : " I do justice to my sense of your character in declaring my entire reliance on your prudence and integrity." Therefore, my Lords, he removed a man whom he not only did not charge at the time with any species of misconduct, but whom he has since praised and spoken of in this manner, without any exaction of that praise, but the mere spon- taneous flowinga of his own opinion. Then I have got two points of additional responsibility. First, the illegal delegation, and next, the withdrawing the Resident at Oude and appointing his own Resident there, under the gross and singular circumstances which I have stated. There is still another responsibility of a mixed and different kind ; a responsibility which extends at the same time to the sub- jects of the India Company and the subjects of Oude. Mr. Hastings did, through the medium of Mr. Middleton, and by him as his proxy and creature, take upon himself the complete and absolute government of the country of Oude ; and he did it, not in one only, but in every department of the government. And the proof of his having so assumed the government of Oude is from his own authority. For on the 23d of September, 1781, he writes thus : " My chief object in my negotiations with the Nabob has been to induce and assist him to bring his government and finances into such regularity as to prevent his alliance from being a clog instead of an aid to the Company, and to enable him to discharge his debt in the shortest time possible. To this end, the most essential point is to limit and separate his personal disbursements from the public accounts. They must not in their total amount exceed what he has received in any of the last three years." Then your Lordships see that there he has invested him- self with the charge of the civil list. [He then goes on] : " After settling the amount of the personal disbursements of the Nabob Vizier and his household, the next point that will require your exertions towards the general arrangement of the public charges is to reform the established Muttaiena troops, reducing them to one established corps for the whole service. If this corps should be brought to consist wholly of cavalry it would best answer mutual benefit, leaving no infantry in the Nabob's service but what may be necessary for his body guard ; and to supply the deficiency, should any occur from such arrangement, our infantry may be employed where infantry are wanted. The corps reformed and established, their pay must be issued from the public treasury. No assignments to be in future granted them; and those already issued to be recalled. To complete this, all numbers above what the real service may require or the actual nett receipt may be adequate to the full payment of, must be disbanded as fast as their arrears can be paid off. The Nabob will select and appoint hia Speech of Mr. Adam. 401 own commanders; but if he should nominate improper persons, such ij API-. i;s as men commonly known by the name of orderlies, or others deriving their influence from them, or of known disaffection to our government, you are in such case to remonstrate against it; and, if the Vizier shall persist in his choice, you are peremptorily and in my name to oppose it as a breach of his agreement. For the management of the collections, the ministers, with your concurrence, are to choose all aumeels and collectors, and in their choice to be guided by the responsibility, good reputation and known ability, of the persons they elect, that charges may as much as possible be avoided." Here then he has taken the government of the army. He is not, however, contented with the civil list and with the army ; but he goes next to the distribution of justice. " Much is to be said, though little may now suit " when it is compared with what he did, your Lordships will find indeed that little that respected the distribution of justice did suit Mr. Hastings to state " Much may be said, though little may now suit, upon the subject of the distribution of justice in the Nabob's dominions. For the present, I limit myself to direct you to urge the Nabob to endeavour, gradually, if it cannot be done at once, to establish courts of adaulut throughout his districts ; the darogahs, moulavies and other officers of which must be selected, as in the case of the aumeels, by the ministers, with your concur- rence. The want of these courts is equally hurtful to the revenue, government and reputation, of the Nabob."* Therefore he is not only to regulate the courts of justice, by desiring the Resident to represent to the Nawab the necessity of it, but the officers who are to distribute justice. The judges, who are to discharge their duty in the distri- bution of justice in those parts, were to be named and appointed by Mr. Middleton. Then I have him in possession of the civil list ; then I have him in the control of the army ; then I have him in the distribution of justice; then let us see how he managed them all three ; but let us be particularly cautious that he has not done anything as a judge, that can either injure the individuals of Oude, disgrace the public character of Eng- land, or bring any infamy or calumny upon any of those individuals who so nobly and honourably appointed him. His crimes seem to me, like all the other evidence in this cause, and his responsibilities, to rise in climax. It seems the perfect, clear, regular, progress of vice from a small beginning to a great ending ; from the pettiest fraud to the greatest crime ; from a bare prevarication up to the foulest * Printed in ihe ''Minutes of the Evidence," p. 581. C C 402 Opening of the Second Charge Begums of Oude. ; is A PR. 1788. robbery ; from a simple lie up to the foulest murder. I shall trace it through all these steps ; and your Lordships will sec the most perfect picture of an improper, irregular and scandalous, conduct; at the same time that you see there was understanding and sense of virtue sufficient to express virtue feelingly, and no man could express it feel- ingly if he did not feel it and power enough, if he had not been influenced by some foul motive to perpetrate the things which I shall prove to your Lordships he did per- petrate. Then he was bound, not only to act in Oude in such a manner as not to disgrace the interests of England, but he was bound to act in such manner as should be for the benefit and not the detriment of the subjects of Oude. Dependence In this situation I leave his responsibilities, and proceed now shortly to state to your Lordships the dependence wn i cu the province of Oude had upon the government of the East India Company, and particularly upon the Governor General, and his vesting Mr. Middleton with that power and authority. There is a very singular circumstance attends this part of the case, .1 circumstance which some of your Lordships from your professional situation are acquainted with, and which all our constitutional advisers are perfectly well ac- Verdictofa qiiainted with I mean a verdict of a special jury in this mTngiami, country, respecting the dependency of the province of Oude RafaeiT 88 u P on the Governor General or President and Council of Vereist. Calcutta. Your Lordships know that there was a cause which very much interested the public some years ago the cause of Rafael v. Vereist in which, after a variety of terms, it at last came to this : the jury found a special verdict. The question was, whether or no the Governor, Mr. Vereist, had been guilty of a trespass upon the plain- tiff. His justification was, that it was not he that did the act, but that it was Suja-ud-Dowla. The special verdict found in terms that Suja-ud-Dowla was so completely dependent upon the President and Council that the act of Suja-ud-Dowla must be supposed to be the act of Mr. Ve- reist. When this is applied to Suja-ud-Dowla, who was a Prince of considerable power and great authority; who, although he had been beaten by the India Company's forces, yet still maintained a considerable rank among the Princes of India ; it applies independent of any additional evidence. Dependence But, my Lords, there is much additional evidence still lff " ud ~ stronger in the case of Asoff-ud-Dowla, and your Lordships Speech of Mr. Adam. 4-03 will find a great deal of evidence to show the complete and ISAPB.TTSS. absolute dependence of Asoff-nd-Dowla upon Mr. Hastings. In a letter of the 3d of October, 1782, he says, " he exists by his dependence upon our government." Thus his government was, as will appear to your Lordships, without the necessity of detailing that part of the evidence, put by Mr. Hastings completely and absolutely in the hands of Mr. Middleton. And this brings me to the most important fact. All the Paragraphs other part, although it has been prolix, is rather preliminary, xxx. ' but this brings me to those important facts of criminality with ^ which I arn to charge Warren Hastings. Your Lordships j have heard of Mr. Hastings' journey to the provinces of H i s . journey Benares and Oude ; your Lordships have heard of the trans- actions in Benares : it will only be necessary for me to re- capitulate some dates which are of very considerable im- portance. Previous to Mr. Hastings' setting out for the provinces of Oude and Benares, he entered that minute upon the Consultations Avhich I have already had occasion to state, and which it is excessively important in this place that I should read an extract from : " The province of Oude having fallen into a great state of disorder and Minute confusion, its resources being in an extraordinary degree diminished, and the^cc the Nabob Asoff-ul-Dowlah having earnestly intreated the presence of sity of the the Governor General, and declared that, unless some effectual measures visit to the are taken for his relief, he must be under the necessity of leaving his pl country and coming down to Calcutta to represent his situation to this government ; the Governor General, therefore, proposes, with the concur- rence of Mr. Whcler, 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 manage- ment 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 propriety."* Your Lordships see. that, upon the acknowledgment of Mr. Hastings, the province of Oude is not in a state of affluence, good order and propriety ; because by the decla- ration of Mr. Hastings he is to go there to put it in a state of affluence, good order and propriety, by a minute examina- tion into its circumstances, and by an attention to the cha- racters who govern it. Now, my Lords, let us watch well in what manner he discharges this trust he imposes upon himself. Let us see that, instead of examining into the character of the persons, he does not receive bribes from * Minute of Hastings, 21st May, 178). Printed in the "Minutes of the Evidence," p. 536. C C 2 401 Opening of the Second Charge Begums of Oude . ti lose persons. Let us see that, instead of looking into the circumstances of the province, he does not, blindfold, con- clude a treaty, which he had no information to enable him to conclude. Let us see that, instead of affluence, good order and prosperity, he does not ransack every part of the pro- vince, and leave no person in possession of any possessions or wealth in that country unpillaged and unrobbed. Your Lordships will examine him by the purposes he stated before he set out. You will call upon him to account to you, not only for the situation in which he stood, as the situation of additional responsibility which he laid upon himself, but for the principles upon which he declared he went to Oude. He further says, " In remedying evils which have grown to so great a height, exertions will be required more powerful and immediate in their application than can be made through the delegated authority of the servants of the Company now in that province." These are the objects of his journey ; accordingly he goes to Oude. Your Lordships have heard the transactions at Benares ; of his defeat there ; of his necessarily retiring to Chunar. And it is now my duty to state to your Lordships that, while he was at Chunar, upon the llth of September, 1781, the Wazir [arrived there. The Wazir] remained at Chunar till the 23d or 24th of September not a fortnight. Mr. Hast- ings never left Chunar. The treaty of Chunar, the article of which relating to the Princesses of Oude I shall have occasion to read, was signed on the 19th of September, eight days after the arrival of the Wazir. A great part of the evidence respecting the treaty of Chunar arises out of the Benares' Narrative, which is now in evidence. tionTonthe Before I proceed to state the treaty itself, it is therefore date of incumbent upon me, in order that your Lordships should Mr. Hast- , , ,vf .,' , ., . t7 ! r ings' Nar- understand the evidence when it is given, to make some lew insurrec f . lhe general observations upon that Narrative. Your Lordships Benares w ^ observe that the Narrative, on the top of it, is dated Chunar, the 1st of September, 1781 , at the bottom it is dated 31st [1st] of December, 1781 ; the letter which in- closes it is dated 1st of January, 1782 [31st of December, 1781]* ; so that there are exactly four months between the first date and the date that incloses it. Therefore Mr. Hast- ings had all that time to manufacture his Narrative. He had every transaction which happened in that time to put toge- * These are the dates, as they appear in the copy of the Narrative priuled iu the " Minutes of the Evidence." p. 109. Speech of Mr. Adam. 405 ther. Every circumstance that occurred that he could turn isApE.1788. to his favour, every misrepresentation of date, or every sinking of date, it was in his povvert o practise, according as the events of these four months should make it necessary for him to do ; and four more eventful months never existed in the history of any country. .My Lords, I shall make no further observation upon the Narrative at present but this, that I can point out to your Lordships good reasons from other evidence to prove that those facts which Mr. Hastings states, in certain points of view, are not truly represented ; that, instead of writing that Narrative under the sanctions which he pretends he wrote it under, your Lordships will find that it was manufactured ; that instead of being written on the 1st of September, and onward that it was in point of fact all made up and manu factored to answer the particular purpose* he had in view. My Lords, I come now to the treaty of Chunar itself; for The treaty 1 take it at present only upon the simple consequence of the of infraction of that treaty, without any of the circumstances which aggravated that infraction. Your Lordships will find in the Appendix to the Benares Narrative a letter, dated the 29th of November, 1781, with a copy of the treaty of Chimar enclosed, the second article of which runs in the following words : " That, as great distress has arisen to the Nabob's Article cm- go vernment from the military power and dominion assumed by the jageardars, he, the Nabob, be permitted to resume j^^^th such jaghires as he may find necessary." Your Lordships reservation will observe in the sequel, that in Mr. Hastings' vocabulary the Com- permission means compulsion, and that, instead of being permitted to do what he thought was right, he was com- pelled to do what he knew was wrong. The article of the treaty further says, that this is to be " Avith a reserve, that all such for the amount of whose jaghires the Company are guarantees shall, in the case of the resumption of their lands, be paid to the amount of their nett collections, through the Resident, in ready money." Now, my Lords, this is the article, and this article is signed upon the 19th of September, 1781. The paper that I have next to read to your Lordships is called an Explanation of that article. But it is essentially necessary, before I read that paper, that I should show your Lordships the questionable shape in which that paper is here tacked to this article. Mr. Hastings pretends that 406 Opening of the Second Charge Begums of Oude : 1SAPB.1788. h Cj on the 29th of November, 1781, transmitted to the iMcof ins at Calcutta an account of these articles ; consequently that all t ion of the' that was then done was transmitted. Whether he did trans- the a councii. m it it oh the 29th of November on no is a matter of very little consequence to me, because all that I mean to show is this, that, one way or other, Mr. Hastings must have prevaricated with regard to this inclosure ; and by that means I shall establish to your Lordships that nothing that false rea- proceeds from it is to be taken as truth. He sets forth vari- signedfar ous pretences, in this letter of the 29th of November, why he cpmmuuica- did not write before. One pretence is, that he had not time. tiiTcouucii. -^ w fr m ^ ie arr> i va l f tne Nawab at Clmnar, on the llth of September, 1781, down to the 13th of October, Mr. Hastings, in point of bulk of mere writing, writes more to Mr. Wheler than all that is in this letter and in the paper accompanying this letter, if he had written them with his own hand. But one half and more of the papers accompanying this letter is business that could have been done by an amanuensis, and therefore an excuse of want of time is of no weight. When exalting himself to the situation of a demi-god, and making himself, instead of the civil Governor, a conquering Marl- borough in the field, then he has full time to employ his pen. But when he is to do that which regards the rights of others, when doing that which regards the rights of those whom by the dying words of Suja-ud-Dowla he was bound to defend, when it was necessary to do anything to prevent an infraction of those rights he has no time for that, pretence of There is a pretence of a still more extraordinary nature ; authetio f *^at * s > tna * ne coll ld not have done it sooner, because papers re- Mr. Middleton had carried the necessary papers with him treaty. 18 to Lucknow. The first evidence I can find of his asking for those papers is upon the 1 9th of December, before the date of the letter which incloses the Narrative ; and there- fore this 29th of November, for aught I know, is a mere fabrication. Upon the 22d of December, 1781, Mr. Middle- ton writes from Lucknow to Mr. Hastings : " I have been honoured with the receipt of your letter of the 19th instant, and in obedience to y*our commands shall forward to you by the first safe opportunity your agreement with the Nabob Vizier, the treaty of Chunar, together with such other authentic papers as are connected with it." This was written upon the 22d of December, acknowledging the re- ceipt of Mr. Hastings' letter of the 19th of December. Three Speech of Mr. Adam. 407 days being the time it took to go from Benares to Lucknow. Then one of these two things must be true, either that Mr. Hastings was in possession of the papers at the time he wrote the letter on the 29th of November, or the letter of the 29th of November has a false date. It is perfectly the same to me which of the two posi- tions he assumes. The conclusion I draw from it is this and it is a conclusion which must strike home upon your Lordships' minds that the whole of this business is a fabri- cation ; that what I am going to read, namely, this explana- Mr. Hast- tion of the treaty of Chunar, this marginal note of Mr. Mid- e"|knatfon dleton upon it, written subsequent to a very remarkable period, namely, the determination to seize the treasures, was an after-thought a contrivance an imposition. It sets forth facts he did not know at the time. And when I come to examine this marginal note, and check it by the evidence, your Lordships will see that it is absolutely im- possible that, consistently with what he knew, consistently with what existed, and consistently with what he declared it is absolutely and clearly impossible and impracticable that that which he asserts for truth in that marginal note could have existed at the time of the execution of the treaty of Chunar. The note is this : " The jaghires possessed by the Begums have enabled them to give Terms of frequent disturbances to tbe Nabob's government, and it can be well j^ffy^L attested that they principally excited and supported the late commotions the resump- in Gorruckpoor, &c., in concert with Cheyt Sing, and that they carried their ti? of the inveteracy to the Nabob and the English nation so far as to aim at our utter extirpation. By a disposition so malignant, and a conduct so offensive and even dangerous , to our existence, as have been manifested by the Begums, without the smallest injury or provocation on our parts, they have forfeited all claim to the protection which we afforded them, in exacting from the Nabob, at the time Mr. Bristow assisted him in obtaining thirty lacs of rupees from them, a promise to our government that those ladies should enjoy full possession of their jaghires unmolested. We have a right to withdraw this protection when they are no longer worthy of it, and to provide against their machinations by a concession of that pledge which afforded them the means of injuring and distressing us. The Begums mil suffer no actual loss by the resumption of their jaghires, except of an influence which they have invariably employed to the most pernicious purposes against one state which has conferred and another which has secured and protected them, since it is stipulated that they should receive the amount of the nett collections of them in money."* * Printed in the " Minutes of the Evidence," p. 580. 408 Opening of the Second Charge Begums of Oudc 15APK.17SS I will show your Lordships they never had the annual amount in money ; to say they will suffer no actual loss is absurd. Will any of your Lordships say that you would be as respectable in this country if you were deprived of your - l all( l c d estates, by having a pension from the Crown to the session of same amount ? In all countries in the world, but particularly utcs. ts in eastern countries, property in land necessarily gives a great degree of rank and consequence ; and it is an insult to common sense to say the Begums are in the same situa- tion as before. They are persons of high rank, possessing great landed property, which property is guaranteed by us ; and then Mr. Hastings says, they will suffer no loss because they will have an annual pension equal to those jagirs depending upon his pleasure, which pleasure was never executed. The char -cs ^ u ^ ^ G S ravc an( ^ material part of these marginal notes of crimi- i,s the charge of criminality against the Begums. There is a !ferre