The Works of the Right Honourable Edmund Burke Volume XI Part 11

This sympathetic revenge, which is condemned by clamorous imbecility, is so far from being a vice, that it is the greatest of all possible virtues,--a virtue which the uncorrupted judgment of mankind has in all ages exalted to the rank of heroism. To give up all the repose and pleasures of life, to pa.s.s sleepless nights and laborious days, and, what is ten times more irksome to an ingenuous mind, to offer oneself to calumny and all its herd of hissing tongues and poisoned fangs, in order to free the world from fraudulent prevaricators, from cruel oppressors, from robbers and tyrants, has, I say, the test of heroic virtue, and well deserves such a distinction. The Commons, despairing to attain the heights of this virtue, never lose sight of it for a moment. For seventeen years they have, almost without intermission, pursued, by every sort of inquiry, by legislative and by judicial remedy, the cure of this Indian malady, worse ten thousand times than the leprosy which our forefathers brought from the East. Could they have done this, if they had not been actuated by some strong, some vehement, some perennial pa.s.sion, which, burning like the Vestal fire, chaste and eternal, never suffers generous sympathy to grow cold in maintaining the rights of the injured or in denouncing the crimes of the oppressor?

My Lords, the Managers for the Commons have been actuated by this pa.s.sion; my Lords, they feel its influence at this moment; and so far from softening either their measures or their tone, they do here, in the presence of their Creator, of this House, and of the world, make this solemn declaration, and nuncupate this deliberate vow: that they will ever glow with the most determined and unextinguishable animosity against tyranny, oppression, and peculation in all, but more particularly as practised by this man in India; that they never will relent, but will pursue and prosecute him and it, till they see corrupt pride prostrate under the feet of justice. We call upon your Lords.h.i.+ps to join us; and we have no doubt that you will feel the same sympathy that we feel, or (what I cannot persuade my soul to think or my mouth to utter) you will be identified with the criminal whose crimes you excuse, and rolled with him in all the pollution of Indian guilt, from generation to generation. Let those who feel with me upon this occasion join with me in this vow: if they will not, I have it all to myself.

It is not to defend ourselves that I have addressed your Lords.h.i.+ps at such length on this subject. No, my Lords, I have said what I considered necessary to instruct the public upon the principles which induced the House of Commons to persevere in this business with a generous warmth, and in the indignant language which Nature prompts, when great crimes are brought before men who feel as they ought to feel upon such occasions.

I now proceed, my Lords, to the next recriminatory charge, which is _delay_. I confess I am not astonished at this charge. From the first records of human impatience down to the present time, it has been complained that the march of violence and oppression is rapid, but that the progress of remedial and vindictive justice, even the divine, has almost always favored the appearance of being languid and sluggish.

Something of this is owing to the very nature and const.i.tution of human affairs; because, as justice is a circ.u.mspect, cautious, scrutinizing, balancing principle, full of doubt even of itself, and fearful of doing wrong even to the greatest wrong-doers, in the nature of things its movements must be slow in comparison with the headlong rapidity with which avarice, ambition, and revenge pounce down upon the devoted prey of those violent and destructive pa.s.sions. And indeed, my Lords, the disproportion between crime and justice, when seen in the particular acts of either, would be so much to the advantage of crimes and criminals, that we should find it difficult to defend laws and tribunals, (especially in great and arduous cases like this,) if we did not look, not to the _immediate_, not to the _retrospective_, but to the _provident_ operation of justice. Its chief operation is in its future example; and this turns the balance, upon the total effect, in favor of vindictive justice, and in some measure reconciles a pious and humble mind to this great mysterious dispensation of the world.

Upon the charge of delay in this particular cause, my Lords, I have only to say that the business before you is of immense magnitude. The prisoner himself says that all the acts of his life are committed in it.

With a due sense of this magnitude, we know that the investigation could not be short to us, nor short to your Lords.h.i.+ps; but when we are called upon, as we have been daily, to sympathize with the prisoner in that delay, my Lords, we must tell you that we have no sympathy with him.

Rejecting, as we have done, all false, spurious, and hypocritical virtues, we should hold it to be the greatest of all crimes to bestow upon the oppressors that pity which belongs to the oppressed. The unhappy persons who are wronged, robbed, and despoiled have no remedy but in the sympathies of mankind; and when these sympathies are suffered to be debauched, when they are perversely carried from the victim to the oppressor, then we commit a robbery still greater than that which was committed by the criminal accused.

My Lords, we do think this process long; we lament it in every sense in which it ought to be lamented; but we lament still more that the Begums have been so long without having a just punishment inflicted upon their spoiler. We lament that Cheyt Sing has so long been a wanderer, while the man who drove him from his dominions is still unpunished. We are sorry that n.o.bkissin has been cheated of his money for fourteen years, without obtaining redress. These are our sympathies, my Lords; and thus we reply to this part of the charge.

My Lords, there are some matters of fact in this charge of delay which I must beg your Lords.h.i.+ps will look into. On the 19th of February, 1789, the prisoner presented a pet.i.tion to your Lords.h.i.+ps, in which he states, after many other complaints, that a great number of his witnesses were obliged to go to India, by which he has lost the benefit of their testimony, and that a great number of your Lords.h.i.+ps' body were dead, by which he has lost the benefit of their judgment. As to the hand of G.o.d, though some members of your House may have departed this life since the commencement of this trial, yet the body always remains entire. The evidence before you is the same; and therefore there is no reason to presume that your final judgment will be affected by these afflicting dispensations of Providence. With regard to his witnesses, I must beg to remind your Lords.h.i.+ps of one extraordinary fact. This prisoner has sent to India, and obtained, not testimonies, but testimonials to his general good behavior. He has never once applied, by commission or otherwise, to falsify any one fact that is charged upon, him,--no, my Lords, not one.

Therefore that part of his pet.i.tion which states the injury he has received from the Commons of Great Britain is totally false and groundless. For if he had any witnesses to examine, he would not have failed to examine them; if he had asked for a commission to receive their depositions, a commission would have been granted; if, without a commission, he had brought affidavits to facts, or regular recorded testimony, the Commons of Great Britain would never have rejected such evidence, even though they could not have cross-examined it.

Another complaint is, that many of his witnesses were obliged to leave England before he could make use of their evidence. My Lords, no delay in the trial has prevented him from producing any evidence; for we were willing that any of his witnesses should be examined at any time most convenient to himself. If many persons connected with his measures are gone to India, during the course of his trial, many others have returned to England. Mr. Larkins returned. Was the prisoner willing to examine him? No: and it was nothing but downright shame, and the presumptions which he knew would be drawn against him, if he did not call this witness, which finally induced him to make use of his evidence. We examined Mr. Larkins, my Lords; we examined all the prisoner's witnesses; your Lords.h.i.+ps have their testimony; and down to this very hour he has not put his hand upon any one whom he thought a proper and essential witness to the facts, or to any part of the cause, whose examination has been denied him; nor has he even stated that any man, if brought here, would prove such and such points. No, not one word to this effect has ever been stated by the prisoner.

There is, my Lords, another case, which was noticed by my honorable fellow Manager yesterday. Mr. Belli, the confidential secretary of the prisoner, was agent and contractor for stores; and this raised a suspicion that the contracts were held by him for the prisoner's advantage. Mr. Belli was here during the whole time of the trial, and six weeks after we had closed our evidence. We had then no longer the arrangement of the order of witnesses, and he might have called whom he pleased. With the full knowledge of these circ.u.mstances, that witness did he suffer to depart for India, if he did not even encourage his departure. This, my Lords, is the kind of damage which he has suffered by the want of witnesses, through the protraction of this trial.

But the great and serious evil which he complains of, as being occasioned by our delay, is of so extraordinary a nature that I must request your Lords.h.i.+ps to examine it with extraordinary strictness and attention. In the pet.i.tion before your Lords.h.i.+ps, the prisoner a.s.serts that he was under the necessity, through his counsel and solicitors, "of collecting and collating from the voluminous records of the Company the whole history of his public life, in order to form a complete defence to every allegation which the Honorable House of Commons had preferred against him, and that he has expended upwards of thirty thousand pounds in preparing the materials of his defence."

It is evident, my Lords, that the expenditure of this thirty thousand pounds is not properly connected with the delay of which he complains; for he states that he had incurred this loss merely in collecting and collating materials, previous to his defence before your Lords.h.i.+ps. If this were true, and your Lords.h.i.+ps were to admit the amount as a rule and estimate by which the aggregate of his loss could be ascertained, the application of the rule of three to the sum and time given would bring out an enormous expenditure in the long period which has elapsed since the commencement of the trial,--so enormous, that, if this monstrous load of oppression has been laid upon him by the delay of the Commons, I believe no man living can stand up in our justification. But, my Lords, I am to tell your Lords.h.i.+ps some facts, into which we trust _you_, will inquire: for this business is not in our hands, nor can we lay it as a charge before you. Your own Journals have recorded the doc.u.ment, in which the prisoner complains bitterly of the House of Commons, and indeed of the whole judicature of the country,--a complaint which your Lords.h.i.+ps will do well to examine.

When we first came to a knowledge of this pet.i.tion, which was not till some time after it was presented, I happened to have conversation with a n.o.ble lord,--I know not whether he be in his place in the House or not, but I think I am not irregular in mentioning his name. When I mention Lord Suffolk, I name a peer whom honor, justice, veracity, and every virtue that distinguishes the man and the peer would claim for their own. My Lord Suffolk told me, that, in a conversation with the late Lord Dover, who brought the prisoner's pet.i.tion into your House, he could not refrain from expressing his astonishment at that part of the pet.i.tion which related to the expense Mr. Hastings had been at; and particularly as a complaint had been made in the House of the enormous expense of the prosecution, which at that time had only amounted to fourteen thousand pounds, although the expense of the prosecutor is generally greater than that of the defendant, and public proceedings more expensive than private ones. Lord Dover said, that, before he presented the pet.i.tion, he had felt exactly in the same manner; but that Mr. Hastings a.s.sured him that six thousand pounds had been paid to copying clerks in the India House, and that from this circ.u.mstance he might judge of the other expenses. Lord Dover was satisfied with this a.s.surance, and presented the pet.i.tion, which otherwise he should have declined to do, on account of the apparent enormity of the allegation it contained. At the time when Lord Suffolk informed me of these particulars, (with a good deal of surprise and astonishment,) I had not leisure to go down to the India House in order to make inquiries concerning them, but I afterwards asked the Secretary, Mr. Hudson, to whom _we_ had given a handsome reward, what sums he had received from Mr. Hastings for his services upon this occasion, and the answer was, "Not one s.h.i.+lling." Not one s.h.i.+lling had Mr. Hudson received from Mr. Hastings. The clerks of the Company informed us that the Court of Directors had ordered that every paper which Mr. Hastings wanted should be copied for him gratuitously,--and that, if any additional clerks were wanting for the effectual execution of his wishes, the expense would be defrayed by the Directors. Hearing this account, I next inquired what _expedition money_ might have been given to the clerks: for we know something of this kind is usually done.

In reply to this question, Mr. Hudson told me that at various times they had received in little driblets to the amount of ninety-five pounds, or thereabouts. In this way the account stood when I made this inquiry, which was at least half a year after the pet.i.tion had been presented to your Lords.h.i.+ps. Thus the whole story of the six thousand pounds was absolutely false. At that time there was not one word of truth in it, whatever be the amount of the sums which he has paid since. Your Lords.h.i.+ps will now judge whether you have been abused by false allegations or not,--allegations which could scarcely admit of being true, and which upon the best inquiry I found absolutely false; and I appeal to the testimony of the n.o.ble lord, who is now living, for the truth of the account he received from the worthy and respectable peer whose loss the nation has to bewail.

There are many other circ.u.mstances of fraud and falsehood attending this pet.i.tion, (we must call things by their proper names, my Lords,)--there are, I say, many circ.u.mstances of fraud and falsehood. We know it to have been impossible, at the time of presenting this pet.i.tion, that this man should have expended thirty thousand pounds in the preparation of materials for his defence; and your Lords.h.i.+ps' justice, together with the credit of the House of Commons, are concerned in the discovery of the truth. There is, indeed, an ambiguous word in the pet.i.tion. He a.s.serts that he is _engaged_ for the payment of that sum. We asked the clerks of the India House whether he had given them any bond, note, security, or promise of payment: they a.s.sured us that he had not: they will be ready to make the same a.s.surance to your Lords.h.i.+ps, when you come to inquire into this matter, which before you give judgment we desire and claim that you will do. All is concealment and mystery on the side of the prisoner; all is open and direct with us. We are desirous that everything which is concealed may be brought to light.

In contradiction, then, to this charge of oppression and of an attempt to ruin his fortune, your Lords.h.i.+ps will see that at the time when he made this charge he had not been, in fact, nor was for a long time after, one s.h.i.+lling out of pocket. But some other person had become security to his attorney for him. What, then, are we to think of these men of business, of these friends of Mr. Hastings, who, when he is possessed of nothing, are contented to become responsible for thirty thousand pounds, (was it thirty thousand pounds out of the bullock contracts?)--responsible, I say, for this sum, in order to maintain this suit previous to its actual commencement, and who consequently must be so engaged for every article of expense that has followed from that time to this?

Thus much we have thought it necessary to say upon this part of the recriminatory charge of delay. With respect to the delay in general, we are at present under an account to our const.i.tuents upon that subject.

To them we shall give it. We shall not give any further account of it to your Lords.h.i.+ps. The means belong to us as well as to you of removing these charges. Your Lords.h.i.+ps may inquire upon oath, as we have done in our committee, into all the circ.u.mstances of these allegations. I hope your Lords.h.i.+ps will do so, and will give the Commons an opportunity of attending and a.s.sisting at this most momentous and important inquiry.

The next recriminatory charge made upon us by the prisoner is, that, merely to throw an odium upon him, we have brought forward a great deal of irrelevant matter, which could not be proved regularly in the course of examination at your bar, and particularly in the opening speech, which I had the honor of making on the subject.

Your Lords.h.i.+ps know very well that we stated in our charge that great abuses had prevailed in India, that the Company had entered into covenants with their servants respecting those abuses, that an act of Parliament was made to prevent their recurrence, and that Mr. Hastings still continued in their practice. Now, my Lords, having stated this, nothing could be more regular, more proper, and more pertinent, than for us to justify both the covenants required by the Company and the act made to prevent the abuses which existed in India. We therefore went through those abuses; we stated them, and were ready to prove every material word and article in them. Whether they were personally relevant or irrelevant to the prisoner we cared nothing. We were to make out from the records of the House (which records I can produce, whenever I am called upon for them) all these articles of abuse and grievance; and we have stated these abuses as the grounds of the Company's provisional covenants with its servants, and of the act of Parliament. We have stated them under two heads, violence and corruption: for these crimes will be found, my Lords, in almost every transaction with the native powers; and the prisoner is directly or indirectly involved in every part of them. If it be still objected, that these crimes are irrelevant to the charge, we answer, that we did not introduce them as matter of charge. We say they were not irrelevant to the proof of the preamble of our charge, which preamble is perfectly relevant in all its parts. That the matters stated in it are perfectly true we vouch the House of Commons, we vouch the very persons themselves who were concerned in the transactions. When Arabic authors are quoted, and Oriental tales told about _flashes of lightning_ and _three seals_, we quote the very parties themselves giving this account of their own conduct to a committee of the House of Commons.

Your Lords.h.i.+ps will remember that a most reverend prelate, who cannot be named without every mark of respect and attention, conveyed a pet.i.tion to your Lords.h.i.+ps from a gentleman concerned in one of those narratives.

Upon your Lords.h.i.+ps' table that pet.i.tion still lies. For the production of this narrative we are not answerable to this House; your Lords.h.i.+ps could not make us answerable to him; but we are answerable to our own House, we are answerable to our own honor, we are answerable to all the Commons of Great Britain for whatever we have a.s.serted in their name.

Accordingly, General Burgoyne, then a member of this Committee of Managers, and myself, went down into the House of Commons; we there restated the whole affair; we desired that an inquiry should be made into it, at the request of the parties concerned. But, my Lords, they have never asked for inquiry from that day to this. Whenever he or they who are criminated (not by us, but in this volume of Reports that is in my hand) desire it, the House will give them all possible satisfaction upon the subject.

A similar complaint was made to the House of Commons by the prisoner, that matters irrelevant to the charge were brought up hither. Was it not open to him, and has he had no friends in the House of Commons, to call upon the House, during the whole period of this proceeding, to examine into the particulars adduced in justification of the preamble of the charge against him, in justification of the covenants of the Company, in justification of the act of Parliament? It was in his power to do it; it is in his power still; and if it be brought before that tribunal, to which I and my fellow Managers are alone accountable, we will lay before that tribunal such matters as will sufficiently justify our mode of proceeding, and the resolution of the House of Commons. I will not, therefore, enter into the particulars (because they cannot be entered into by your Lords.h.i.+ps) any further than to say, that, if we had ever been called upon to prove the allegations which we have made, not in the nature of a charge, but as bound in duty to this Court, and in justice to ourselves, we should have been ready to enter into proof. We offered to do so, and we now repeat the offer.

There was another complaint in the prisoner's pet.i.tion, which did not apply to the words of the preamble, but to an allegation in the charge concerning abuses in the revenue, and the ill consequences which arose from them. I allude to those shocking transactions, which n.o.body can mention without horror, in Rampore and Dinagepore, during the government of Mr. Hastings, and which we attempted to bring home to him. What did he do in this case? Did he endeavor to meet these charges fairly, as he might have done? No, my Lords: what he said merely amounted to this:--"Examination into these charges would vindicate my reputation before the world; but I, who am the guardian of my own honor and my own interests, choose to avail myself of the rules and orders of this House, and I will not suffer you to enter upon that examination."

My Lords, we admit, you are the interpreters of your own rules and orders. We likewise admit that our own honor may be affected by the character of the evidence which we produce to you. But, my Lords, they who withhold their defence, who suffer themselves, as they say, to be cruelly criminated by unjust accusation, and yet will not permit the evidence of their guilt or innocence to be produced, are themselves the causes of the irrelevancy of all these matters. It cannot justly be charged on us; for we have never offered any matter here which we did not declare our readiness upon the spot to prove. Your Lords.h.i.+ps did not think fit to receive that proof. We do not now censure your Lords.h.i.+ps for your determination: that is not the business of this day. We refer to your determination for the purpose of showing the falsehood of the imputation which the prisoner has cast upon us, of having oppressed him by delay and irrelevant matter. We refer to it in order to show that the oppression rests with himself, that it is all his own.

Well, but Mr. Hastings complained also to the House of Commons. Has he pursued the complaint? No, he has not; and yet this prisoner, and these gentlemen, his learned counsel, have dared to reiterate their complaints of us at your Lords.h.i.+ps' bar, while we have always been, and still are, ready to prove both the atrocious nature of the facts, and that they are _referable_ to the prisoner at your bar. To this, as I have said before, the prisoner has objected; this we are not permitted to do by your Lords.h.i.+ps: and therefore, without presuming to blame your determination, I repeat, that we throw the blame directly upon himself, when he complains that his private character suffers without the means of defence, since he objects to the use of means of defence which are at his disposal.

Having gone through this part of the prisoner's recriminatory charge, I shall close my observations on his demeanor, and defer my remarks on his complaint of our ingrat.i.tude until we come to consider his set-off of services.

The next subject for your Lords.h.i.+ps' consideration is the principle of the prisoner's defence. And here we must observe, that, either by confession or conviction, we are possessed of the facts, and perfectly agreed upon the matter at issue between us. In taking a view of the laws by which you are to judge, I shall beg leave to state to you upon what principles of law the House of Commons has criminated him, and upon what principles of law, or pretended law, he justifies himself: for these are the matters at issue between us; the matters of fact, as I have just said, being determined either by confession on his part or by proof on ours.

My Lords, we acknowledge that Mr. Hastings was invested with discretionary power; but we a.s.sert that he was bound to use that power according to the established rules of political morality, humanity, and equity. In all questions relating to foreign powers he was bound to act under the Law of Nature and under the Law of Nations, as it is recognized by the wisest authorities in public jurisprudence; in his relation to this country he was bound to act according to the laws and statutes of Great Britain, either in their letter or in their spirit; and we affirm, that in his relation to the people of India he was bound to act according to the largest and most liberal construction of their laws, rights, usages, inst.i.tutions, and good customs; and we furthermore a.s.sert, that he was under an express obligation to yield implicit obedience to the Court of Directors. It is upon these rules and principles the Commons contend that Mr. Hastings ought to have regulated his government; and not only Mr. Hastings, but all other governors. It is upon these rules that he is responsible; and upon these rules, and these rules only, your Lords.h.i.+ps are to judge.

My Lords, long before the Committee had resolved upon this impeachment, we had come, as I have told your Lords.h.i.+ps, to forty-five resolutions, every one criminatory of this man, every one of them bottomed upon the principles which I have stated. We never will nor can we abandon them; and we therefore do not supplicate your Lords.h.i.+ps upon this head, but claim and demand of right, that you will judge him upon those principles, and upon no other. If once they are evaded, you can have no rule for your judgment but your caprices and partialities.

Having thus stated the principles upon which the Commons hold him and all governors responsible, and upon which we have grounded our impeachment, and which must be the grounds of your judgment, (and your Lords.h.i.+ps will not suffer any other ground to be mentioned to you,) we will now tell you what are the grounds of his defence.

He first a.s.serts, that he was possessed of an arbitrary and despotic power, restrained by no laws but his own will. He next says, that "the rights of the people he governed in India are nothing, and that the rights of the government are everything." The people, he a.s.serts, have no liberty, no laws, no inheritance, no fixed property, no descendable estate, no subordinations in society, no sense of honor or of shame, and that they are only affected by punishment so far as punishment is a corporal infliction, being totally insensible of any difference between the punishment of man and beast. These are the principles of his Indian government, which Mr. Hastings has avowed in their full extent. Whenever precedents are required, he cites and follows the example of avowed tyrants, of Aliverdy Khan, Cossim Ali Khan, and Sujah Dowlah. With an avowal of these principles he was pleased first to entertain the House of Commons, the _active_ a.s.sertors and conservators of the rights, liberties, and laws of his country; and then to insist upon them more largely and in a fuller detail before this awful tribunal, the _pa.s.sive_ judicial conservator of the same great interests. He has brought out these blasphemous doctrines in this great temple of justice, consecrated to law and equity for a long series of ages. He has brought them forth in Westminster Hall, in presence of all the Judges of the land, who are to execute the law, and of the House of Lords, who are bound as its guardians not to suffer the words "arbitrary power" to be mentioned before them. For I am not again to tell your Lords.h.i.+ps, that arbitrary power is treason in the law,--that to mention it with law is to commit a contradiction in terms. They cannot exist in concert; they cannot hold together for a moment.

Let us now hear what the prisoner says. "The sovereignty which they [the subahdars, or viceroys of the Mogul empire] a.s.sumed, it fell to my lot, very unexpectedly, to exert; and whether or not such power, or powers of that nature, were delegated to me by any provisions of any act of Parliament I confess myself too little of a lawyer to p.r.o.nounce. I only know that the acceptance of the sovereignty of Benares, &c., is not acknowledged or admitted by any act of Parliament; and yet, by the particular interference of the majority of the Council, the Company is clearly and indisputably seized of that sovereignty. If, therefore, the _sovereignty_ of Benares, as ceded to us by the Vizier, have _any rights whatever_ annexed to it, and be not a mere empty word without meaning, those rights must be such as are held, countenanced, and established by the law, custom, and usage of the Mogul empire, and not by the provisions of any British act of Parliament hitherto enacted. _Those rights_, and none other, I have been the involuntary instrument of enforcing. And if any future act of Parliament shall positively or by implication tend to annihilate those very rights, or their exertion, as I have exerted them, I much fear that the boasted sovereignty of Benares, which was held up as an acquisition almost obtruded on the Company against my consent and opinion, (for I acknowledge that even then I foresaw many difficulties and inconveniences in its future exercise,)--I fear, I say, that this sovereignty will be found a burden instead of a benefit, a heavy clog rather than a precious gem to its present possessors: I mean, unless the whole of our territory in that quarter shall be rounded and made an uniform compact body by one grand and systematic arrangement,--such an arrangement as shall do away all the mischiefs, doubts, and inconveniences (both to the governors and the governed) arising from the variety of tenures, rights, and claims in all cases of landed property and feudal jurisdiction in India, from the informality, invalidity, and instability of all engagements in so divided and unsettled a state of society, and from the unavoidable anarchy and confusion of different laws, religions, and prejudices, moral, civil, and political, all jumbled together in one unnatural and discordant ma.s.s. Every part of Hindostan has been constantly exposed to these and similar disadvantages ever since the Mahometan conquests. The Hindoos, who never incorporated with their conquerors, were kept in order only by the strong hand of power. The constant necessity of similar exertions would increase at once their energy and extent. So that rebellion itself is the parent and promoter of _despotism_.

Sovereignty in India implies nothing else. For I know not how we can form an estimate of its powers, but from its visible effects; and those are everywhere the same from Cabool to a.s.sam. 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 Vizier was on foot in 1775; and I wished to make Cheyt Sing independent, 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 intentions. 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 p.r.o.neness 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 Hindostanic 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 const.i.tution 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. Aliverdy Khan and Cossim Ali fined all their zemindars on the necessities of war, and on every pretence either of court necessity or court extravagance."

I beseech your Lords.h.i.+ps seriously to look upon the whole nature of the principles upon which the prisoner defends himself. He appeals to the custom and usage of the Mogul empire; and the const.i.tution of that empire is, he says, arbitrary power. He says, that he does not know whether any act of Parliament bound him not to exercise this arbitrary power, and that, if any such act should in future be made, it would be mischievous and ruinous to our empire in India. Thus he has at once repealed all preceding acts, he has annulled by prospect every future act you can make; and it is not in the power of the Parliament of Great Britain, without ruining the empire, to hinder his exercising this despotic authority. All Asia is by him disfranchised at a stroke. Its inhabitants have no rights, no laws, no liberties; their state is mean and depraved; they may be fined for any purpose of court extravagance or prodigality,--or as Cheyt Sing was fined by him, not only upon every war, but upon every pretence of war.

This is the account he gives of his power, and of the people subject to the British government in India. We deny that the act of Parliament gave him any such power; we deny that the India Company gave him any such power, or that they had ever any such power to give; we even deny that there exists in all the human race a power to make the government of any state dependent upon individual will. We disclaim, we reject all such doctrines with disdain and indignation; and we have brought them up to your Lords.h.i.+ps to be tried at your bar.

What must be the condition of the people of India, governed, as they have been, by persons who maintain these principles as maxims of government, and not as occasional deviations caused by the irregular will of man,--principles by which the whole system of society is to be controlled, not by law, reason, or justice, but by the will of one man?

Your Lords.h.i.+ps will remark, that not only the whole of the laws, rights, and usages, but the very being of the people, are exposed to ruin: for Mr. Hastings says, that the people may be fined, that they may be exiled, that they may be imprisoned, and that even their lives are dependent upon the mere will of their foreign master; and that he, the Company's Governor, exercised that will under the authority of this country. Remark, my Lords, his application of this doctrine. "I would,"

he says, "have kept Cheyt Sing from the consequences of this dependence, by making him independent, and not in any manner subjecting him to our government. The moment he came into a state of dependence upon the British government, all these evils attached upon him.--It is," he adds, "disagreeable to me to exert such powers; but I know they must be exerted; and I declare there is no security from this arbitrary power, but by having nothing to do with the British government."

My Lords, the House of Commons has already well considered what may be our future moral and political condition, when the persons who come from that school of pride, insolence, corruption, and tyranny are more intimately mixed up with us of purer morals. Nothing but contamination can be the result, nothing but corruption can exist in this country, unless we expunge this doctrine out of the very hearts and souls of the people. It is not to the gang of plunderers and robbers of which I say this man is at the head, that we are only, or indeed princ.i.p.ally, to look. Every man in Great Britain will be contaminated and must be corrupted, if you let loose among us whole legions of men, generation after generation, tainted with these abominable vices, and avowing these detestable principles. It is, therefore, to preserve the integrity and honor of the Commons of Great Britain, that we have brought this man to your Lords.h.i.+ps' bar.

When these matters were first explained to your Lords.h.i.+ps, and strongly enforced by abilities greater than I can exert, there was something like compunction shown by the prisoner: but he took the most strange mode to cover his guilt. Upon the cross-examination of Major Scott, he discovered all the engines of this Indian corruption. Mr. Hastings got that witness to swear that this defence of his, from which the pa.s.sages I have read to your Lords.h.i.+ps are extracted, was not his, but that it was the work of his whole Council, composed of Mr. Middleton, Mr. Sh.o.r.e, Mr. Halhed, Mr. Baber,--the whole body of his Indian Cabinet Council; that this was their work, and not his; and that he disclaimed it, and therefore that it would be wrong to press it upon him. Good G.o.d! my Lords, what shall we say in this stage of the business? The prisoner put in an elaborate defence: he now disclaims that defence. He told us that it was of his own writing, that he had been able to compose it in five days; and he now gets five persons to contradict his own a.s.sertions, and to disprove on oath his most solemn declarations.

My Lords, this business appears still more alarming, when we find not only Mr. Hastings, but his whole Council, engaged in it. I pray your Lords.h.i.+ps to observe, that Mr. Halhed, a person concerned with Mr.

Hastings in compiling a code of Gentoo laws, is now found to be one of the persons to whom this very defence is attributed which contains such detestable and abominable doctrines. But are we to consider the contents of this paper as the defence of the prisoner or not? Will any one say, that, when an answer is sworn to in Chancery, when an answer is given here to an impeachment of the Commons, or when a plea is made to an indictment, that it is drawn by the defendant's counsel, and therefore is not his? Did we not all hear him read this defence in part at our bar?--did we not see him hand it to his secretary to have it read by his son?--did he not then hear it read from end to end?--did not he himself desire it to be printed, (for it was no act of ours,) and did he not superintend and revise the press?--and has any breath but his own breathed upon it? No, my Lords, the whole composition is his, by writing or adoption; and never, till he found it pressed him in this House, never, till your Lords.h.i.+ps began to entertain the same abhorrence of it that we did, did he disclaim it.

But mark another stage of the propagation of these horrible principles.

After having grounded upon them the defence of his conduct against our charge, and after he had got a person to forswear them for him, and to prove him to have told falsehoods of the grossest kind to the House of Commons, he again adheres to this defence. The dog returned to his vomit. After having vomited out his vile, bilious stuff of arbitrary power, and afterwards denied it to be his, he gets his counsel in this place to resort to the loathsome mess again. They have thought proper, my Lords, to enter into an extended series of quotations from books of travellers, for the purpose of showing that despotism was the only principle of government acknowledged in India,--that the people have no laws, no rights, no property movable or immovable, no distinction of ranks, nor any sense of disgrace. After citing a long line of travellers to this effect, they quote Montesquieu as a.s.serting the same facts, declaring that the people of India had no sense of honor, and were only sensible of the whip as far as it produced corporal pain. They then proceed to state that it was a government of misrule, productive of no happiness to the people, and that it so continued until subverted by the free government of Britain,--namely, the government that Mr. Hastings describes as having himself exercised there.

My Lords, if the prisoner can succeed in persuading us that these people have no laws, no rights, not even the common sentiments and feeling of men, he hopes your interest in them will be considerably lessened. He would persuade you that their sufferings are much a.s.suaged by their being nothing new,--and that, having no right to property, to liberty, to honor, or to life, they must be more pleased with the little that is left to them than grieved for the much that has been ravished from them by his cruelty and his avarice. This inference makes it very necessary for me, before I proceed further, to make a few remarks upon this part of the prisoner's conduct, which your Lords.h.i.+ps must have already felt with astonishment, perhaps with indignation. This man, who pa.s.sed twenty-five years in India, who was fourteen years at the head of his government, master of all the offices, master of all the registers and records, master of all the lawyers and priests of all this empire, from the highest to the lowest, instead of producing to you the fruits of so many years' local and official knowledge upon that subject, has called out a long line of the rabble of travellers to inform you concerning the objects of his own government. That his learned counsel should be ignorant of those things is a matter of course. That, if left to himself, the person who has produced all this stuff should, in pursuit of his darling arbitrary power, wander without a guide, or with false guides, is quite natural. But your Lords.h.i.+ps must have heard with astonishment, that, upon points of law relative to the tenure of lands, instead of producing any law doc.u.ment or authority on the usages and local customs of the country, he has referred to officers in the army, colonels of artillery and engineers, to young gentlemen just come from school, not above three or four years in the country. Good G.o.d! would not one rather have expected to hear him put all these travellers to shame by the authority of a man who had resided so long in the supreme situation of government,--to set aside all these wild, loose, casual, and silly observations of travellers and theorists? On the contrary, as if he was ignorant of everything, as if he knew nothing of India, as if he had dropped from the clouds, he cites the observations of every stranger who had been hurried in a palanquin through the country, capable or incapable of observation, to prove to you the nature of the government, and of the power he had to exercise.

My Lords, the Commons of Great Britain are not disposed to resort to the ridiculous relations of travellers, or to the wild systems which ingenious men have thought proper to build on their authority. We will take another mode. We will undertake to prove the direct contrary of his a.s.sertions in every point and particular. We undertake to do this, because your Lords.h.i.+ps know, and because the world knows, that, if you go into a country where you suppose man to be in a servile state,--where, the despot excepted, there is no one person who can lift up his head above another,--where all are a set of vile, miserable slaves, prostrate and confounded in a common servitude, having no descendible lands, no inheritance, nothing that makes man feel proud of himself, or that gives him honor and distinction with others,--this abject degradation will take from you that kind of sympathy which naturally attaches you to men feeling like yourselves, to men who have hereditary dignities to support, and lands of inheritance to maintain, as you peers have; you will, I say, no longer have that feeling which you ought to have for the sufferings of a people whom you suppose to be habituated to their sufferings and familiar with degradation. This makes it absolutely necessary for me to refute every one of these misrepresentations; and whilst I am endeavoring to establish the rights of these people, in order to show in what manner and degree they have been violated, I trust that your Lords.h.i.+ps will not think that the time is lost: certainly I do not think that my labor will be misspent in endeavoring to bring these matters fully before you.

In determining to treat this subject at length, I am also influenced by a strong sense of the evils that have attended the propagation of these wild, groundless, and pernicious opinions. A young man goes to India before he knows much of his own country; but he cherishes in his breast, as I hope every man will, a just and laudable partiality for the laws, liberties, rights, and inst.i.tutions of his own nation. We all do this; and G.o.d forbid we should not prefer our own to every other country in the world! but if we go to India with an idea of the mean, degraded state of the people that we are to govern, and especially if we go with these impressions at an immature age, we know, that, according to the ordinary course of human nature, we shall not treat persons well whom we have learnt to despise. We know that people whom we suppose to have neither laws or rights will not be treated by us as a people who have laws and rights. This error, therefore, for our sake, for your sake, for the sake of the Indian public, and for the sake of all those who shall hereafter go in any station to India, I think it necessary to disprove in every point.