The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12)

by Edmund Burke

NOTE.

After Mr. Burke had concluded the opening speeches, the first article of the impeachment was brought forward, on the 22d of February, 1788, by Mr. Fox, and supported by Mr. Grey on the 25th. After the evidence upon this article had been adduced, it was summed up and enforced by Mr. Anstruther, on the 11th day of April following.

The next article with which the Commons proceeded was brought forward on the 15th of April, 1788, by Mr. Adam, and supported by Mr. Pelham; and the evidence, in part upon the second article of charge, was summed up and enforced, on the 3d of June, by Mr. Sheridan.

On the 21st of April, 1789, Mr. Burke opened the sixth charge, bribery and corruption, in the following speech, which was continued on the 25th of April, and on the 6th and 7th May, in the same session.

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SPEECH
ON
THE SIXTH ARTICLE OF CHARGE.
FIRST DAY: TUESDAY, APRIL 21, 1789.

My Lords,—An event which had spread for a considerable time an universal grief and consternation through this kingdom, and which in its issue diffused as universal and transcendent a joy, has in the circumstances both of our depression and of our exaltation produced a considerable delay, if not a total suspension, of the most important functions of government.

My Lords, we now resume our office,—and we resume it with new and redoubled alacrity, and, we trust, under not less propitious omens than when we left it, in this House, at the end of the preceding session. We come to this duty with a greater degree of earnestness and zeal, because we are urged to it by many and very peculiar circumstances. This day we come from an House where the last steps were taken (and I suppose something has happened similar in this) to prepare our way to attend with the utmost solemnity, in another place, a great national thanksgiving for having restored the sovereign to his Parliament and the Parliament to its sovereign.

But, my Lords, it is not only in the house of prayer that we offer to the First Cause the acceptable homage of our rational nature,—my Lords, in this House, at this bar, in this place, in every place where His commands are obeyed, His worship is performed. And, my Lords, I must boldly say, (and I think I shall hardly be contradicted by your Lordships, or by any persons versed in the law which guides us all,) that the highest act of religion, and the highest homage which we can and ought to pay, is an imitation of the Divine perfections, as far as such a nature can imitate such perfections, and that by this means alone we can make our homage acceptable to Him.

My Lords, in His temple we shall not forget that His most distinguished attribute is justice, and that the first link in the chain by which we are held to the Supreme Judge of All is justice; and that it is in this solemn temple of representative justice we may best give Him praise, because we can here best imitate His divine attributes. If ever there was a cause in which justice and mercy are not only combined and reconciled, but incorporated, it is in this cause of suffering nations, which we now bring before your Lordships this second session of Parliament, unwearied and unfatigued in our persevering pursuit; and we feel it to be a necessary preliminary, a necessary fact, a necessary attendant and concomitant of every public thanksgiving, that we should express our gratitude by our virtues, and not merely with our mouths, and that, when we are giving thanks for acts of mercy, we should render ourselves worthy of them by doing acts of mercy ourselves. My Lords, these considerations, independent of those which were our first movers in this business, strongly urge us at present to pursue with all zeal and perseverance the great cause we have now in hand. And we feel this to be the more necessary, because we cannot but be sensible that light, unstable, variable, capricious, inconstant, fastidious minds soon tire in any pursuit that requires strength, steadiness, and perseverance. Such persons, who we trust are but few, and who certainly do not resemble your Lordships nor us, begin already to say, How long is this business to continue? Our answer is, It is to continue till its ends are obtained.

We know, that, by a mysterious dispensation of Providence, injury is quick and rapid, and justice slow; and we may say that those who have not patience and vigor of mind to attend the tardy pace of justice counteract the order of Providence, and are resolved not to be just at all. We, therefore, instead of bending the order of Nature to the laxity of our characters and tempers, must rather confirm ourselves by a manly fortitude and virtuous perseverance to continue within those forms, and to wrestle with injustice, until we have shown that those virtues which sometimes wickedness debauches into its cause, such as vigor, energy, activity, fortitude of spirit, are called back and brought to their true and natural service,—and that in the pursuit of wickedness, in the following it through all the winding recesses and mazes of its artifices, we shall show as much vigor, as much constancy, as much diligence, energy, and perseverance, as any others can do in endeavoring to elude the laws and triumph over the justice of their country. My Lords, we have thought it the more necessary to say this, because it has been given out that we might faint in this business. No: we follow, and trust we shall always follow, that great emblem of antiquity, in which the person who held out to the end of a long line of labors found the reward of all the eleven in the twelfth. Our labor, therefore, will be our reward; and we will go on, we will pursue with vigor and diligence, in a manner suitable to the Commons of Great Britain, every mode of corruption, till we have thoroughly eradicated it.

I think it necessary to say a word, too, upon another circumstance, of which there is some complaint, as if some injustice had arisen from voluntary delay on our part.

I have already alluded to, first, the melancholy, then the joyful occasion of this delay; and I shall now make one remark on another part of the complaint, which I understand was formally made to your Lordships soon after we had announced our resolution to proceed in this great cause of suffering nations before you. It has been alleged, that the length of the pursuit had already very much distressed the person who is the object of it,—that it leaned upon a fortune unequal to support it,—and that 30,000l. had been already spent in the preliminary preparations for the defence.

My Lords, I do admit that all true, genuine, and unadulterated justice considers with a certain degree of tenderness the person whom it is called to punish, and never oppresses those by the process who ought not to be oppressed but by the sentence of the court before which they are brought. The Commons have heard, indeed, with some degree of astonishment, that 30,000l. hath been laid out by Mr. Hastings in this business. We, who have some experience in the conduct of affairs of this nature, we, who profess to proceed with regard not to the economy so much as to the rigor of this prosecution, (and we are justified by our country in so doing,) upon a collation and comparison of the public expenses with those which the defendant is supposed to have incurred, are much surprised to hear it. We suppose that his solicitors can give a good account to him of those expenses,—that the thing is true,—and that he has actually, through them, incurred this expense. We have nothing to do with this: but we shall remove any degree of uneasiness from your Lordships' minds, and from our own, when we show you in the charge which we shall bring before you this day, that one bribe only received by Mr. Hastings, the smallest of his bribes, or nearly the smallest, the bribe received from Rajah Nobkissin, is alone more than equal to have paid all the charges Mr. Hastings is stated to have incurred; and if this be the case, your Lordships will not be made very uneasy in a case of bribery by finding that you press upon the sources of peculation.

It has also been said that we weary out the public patience in this cause. The House of Commons do not call upon your Lordships to do anything of which they do not set the example. They have very lately sat in the Colchester Committee as many, within one or two, days successively as have been spent in this trial interruptedly in the course of two years. Every cause deserves that it should be tried according to its nature and circumstances; and in the case of the Colchester Committee, in the trial of paltry briberies of odd pounds, shillings, and pence, in the corruption of a returning officer, who is but a miller, they spent nearly the same number of days that we have been inquiring into the ruin of kingdoms by the peculation and bribery of the chief governor of the provinces of Bengal, Bahar, and Orissa. Therefore God forbid that we should faint at thrice thirty days, if the proceedings should be drawn into such a length, when for a small crime as much time has been spent as has yet been spent in this great cause!

Having now cleared the way with regard to the local and temporary circumstances of this case,—having shown your Lordships that too much time has not been spent in it,—having no reason to think, from the time which has hitherto been spent, that time will be unnecessarily spent in future,—I trust your Lordships will think that time ought neither to be spared nor squandered in this business: we will therefore proceed, article by article, as far as the discretion of the House of Commons shall think fit, for the justice of the case, to limit the inquiry, or to extend it.

We are now going to bring before your Lordships the sixth article. It is an article of charge of bribery and corruption against Mr. Hastings; but yet we must confess that we feel some little difficulty in limine. We here appear in the name and character not only of representatives of the Commons of Great Britain, but representatives of the inhabitants of Bengal: and yet we have had lately come into our hands such ample certificates, such full testimonials, from every person in whose cause we complain, that we shall appear to be in the strangest situation in the world,—the situation of persons complaining, who are disavowed by the persons in whose name and character they complain. This would have been a very great difficulty in the beginning, especially as it is come before us in a flood-tide of panegyric. No encomium can be more exalted or more beautifully expressed. No language can more strongly paint the perfect satisfaction, the entire acquiescence, of all the nations of Bengal, and their wonderful admiration of the character of the person whom we have brought as a criminal to your bar upon their part. I do admit that it is a very awkward circumstance; but yet, at the same time, the same candor which has induced the House of Commons to bring before you the bosom friends and confidants of Mr. Hastings as their evidence will not suffer them to suppress or withhold for a moment from your Lordships this universal voice of Bengal, as an attestation in Mr. Hastings's favor, and we shall produce it as a part of our evidence. Oh, my Lords, consider the situation of a people who are forced to mix their praises with their groans, who are forced to sign, with hands which have been in torture, and with the thumb-screws but just taken from them, an attestation in favor of the person from whom all their sufferings have been derived! When we prove to you the things that we shall prove, this will, I hope, give your Lordships a full, conclusive, and satisfactory proof of the misery to which these people have been reduced. You will see before you, what is so well expressed by one of our poets as the homage of tyrants, "that homage with the mouth which the heart would fain deny, but dares not." Mr. Hastings has received that homage, and that homage we mean to present to your Lordships: we mean to present it, because it will show your Lordships clearly, that, after Mr. Hastings has ransacked Bengal from one end to the other, and has used all the power which he derives from having every friend and every dependant of his in every office from one end of that government to the other, he has not, in all those panegyrics, those fine high-flown Eastern encomiums, got one word of refutation or one word of evidence against any charge whatever which we produce against him. Every one knows, that, in the course of criminal trials, when no evidence of alibi can be brought, when all the arts of the Old Bailey are exhausted, the last thing produced is evidence to character. His cause, therefore, is gone, when, having ransacked Bengal, he has nothing to say for his conduct, and at length appeals to his character. In those little papers which are given us of our proceedings in our criminal courts, it is always an omen of what is to follow: after the evidence of a murder, a forgery, or robbery, it ends in his character: "He has an admirable character; I have known him from a boy; he is wonderfully good; he is the best of men; I would trust him with untold gold": and immediately follows, "Guilty,—Death." This is the way in which, in our courts, character is generally followed by sentence. The practice is not modern. Undoubtedly Mr. Hastings has the example of criminals of high antiquity; for Caius Verres, Antonius, and every other man who has been famous for the pillage and destruction of provinces, never failed to bring before their judges the attestations of the injured to their character. Voltaire says, "Les bons mots sont toujours redits." A similar occasion has here produced a similar conduct. He has got just the same character as Caius Verres got in another cause; and the laudationes, which your Lordships know always followed, to save trouble, we mean ourselves to give your Lordships; we mean to give them with this strong presumption of guilt, that in all this panegyric there is not one word of defence to a single article of charge; they are mere lip-honors: but we think we derive from those panegyrics, which Mr. Hastings has had sent over as evidence to supply the total want of it, an indication of the impossibility of attaining it. Mr. Hastings has brought them here, and I must say we are under some difficulty about them, and the difficulty is this. We think we can produce before your Lordships proofs of barbarity and peculation by Mr. Hastings; we have the proofs of them in specific provinces, where those proofs may be met by contrary proofs, or may lose their weight from a variety of circumstances. We thought we had got the matter sure, that everything was settled, that he could not escape us, after he had himself confessed the bribes he had taken from the specific provinces. But in what condition are we now? We have from those specific provinces the strongest attestations that there is not any credit to be paid to his own acknowledgments. In short, we have the complaints, concerning these crimes of Mr. Hastings, of the injured persons themselves; we have his own confessions; we shall produce both to your Lordships. But these persons now declare, that not only their own complaints are totally unfounded, but that Mr. Hastings's confessions are not true, and not to be credited. These are circumstances which your Lordships will consider in the view you take of this wonderful body of attestation.

It is a pleasant thing to see in these addresses the different character and modes of eloquence of different countries. In those that will be brought before your Lordships you will see the beauty of chaste European panegyric improved by degrees into high, Oriental, exaggerated, and inflated metaphor. You will see how the language is first written in English, then translated into Persian, and then retranslated into English. There may be something amusing to your Lordships in this, and the beauty of these styles may, in this heavy investigation, tend to give a little gayety and pleasure. We shall bring before you the European and Asiatic incense. You will have the perfume-shops of the two countries.

One of the accusations which we mean to bring against Mr. Hastings is upon the part of the Zemindar Radanaut, of the country of Dinagepore. Now hear what the Zemindar says himself. "As it has been learned by me, the mutsuddies, and the respectable officers of my zemindary, that the ministers of England are displeased with the late Governor, Warren Hastings, Esquire, upon the suspicion that he oppressed us, took money from us by deceit and force, and ruined the country, therefore we, upon the strength of our religion, which we think it incumbent on and necessary for us to abide by, following the rules laid down in giving evidence, declare the particulars of the acts and deeds of Warren Hastings, Esquire, full of circumspection and caution, civility and justice, superior to the conduct of the most learned, and, by representing what is fact, wipe away the doubts that have possessed the minds of the ministers of England; that Mr. Hastings is possessed of fidelity and confidence, and yielding protection to us; that he is clear of the contamination of mistrust and wrong, and his mind is free of covetousness or avarice. During the time of his administration no one saw other conduct than that of protection to the husbandman, and justice. No inhabitant ever experienced afflictions, no one ever felt oppression from him; our reputations have always been guarded from attacks by his prudence, and our families have always been protected by his justice. He never omitted the smallest instance of kindness towards us, but healed the wounds of despair with the salve of consolation by means of his benevolent and kind behavior, never permitting one of us to sink in the pit of despondence. He supported every one by his goodness, overset the designs of evil-minded men by his authority, tied the hand of oppression with the strong bandage of justice, and by these means expanded the pleasing appearance of happiness and joy over us. He reëstablished justice and impartiality. We were during his government in the enjoyment of perfect happiness and ease, and many of us are thankful and satisfied. As Mr. Hastings was well acquainted with our manners and customs, he was always desirous, in every respect, of doing whatever would preserve our religious rites, and guard them against every kind of accident and injury, and at all times protected us. Whatever we have experienced from him, and whatever happened from him, we have written without deceit or exaggeration."

My Lords, here is a panegyric; and, directly contrary to the usual mode of other accusers, we begin by producing the panegyrics made upon the person whom we accuse. We shall produce along with the charge, and give as evidence, the panegyric and certificate of the persons whom we suppose to have suffered these wrongs. We suffer ourselves even to abandon, what might be our last resource, his own confession, by showing that one of the princes from whom he confesses that he took bribes has given a certificate of the direct contrary.

All these things will have their weight upon your Lordships' minds; and when we have put ourselves under this disadvantage, (what disadvantage it is your Lordships will judge,) at least we shall stand acquitted of unfairness in charging him with crimes directly contrary to the panegyrics in this paper contained. Indeed, I will say this for him, that general charge and loose accusation may be answered by loose and general panegyric, and that, if ours were of that nature, this panegyric would be sufficient to overset our accusation. But we come before your Lordships in a different manner and upon different grounds. I am ordered by the Commons of Great Britain to support the charge that they have made, and persevere in making, against Warren Hastings, Esquire, late Governor-General of Bengal, and now a culprit at your bar: First, for having taken corruptly several bribes, and extorted by force, or under the power and color of his office, several sums of money from the unhappy natives of Bengal. The next article which we shall bring before you is, that he is not only personally corrupted, but that he has personally corrupted all the other servants of the Company,—those under him, whose corruptions he ought to have controlled, and those above him, whose business it was to control his corruptions.

We purpose to make good to your Lordships the first of these, by submitting to you, that part of those sums which are specified in the charge were taken by him with his own hand and in his own person, but that much the greater part have been taken from the natives by the instrumentality of his black agents, banians, and other dependants,—whose confidential connection with him, and whose agency on his part in corrupt transactions, if his counsel should be bold enough to challenge us to the proof, we shall fully prove before you. The next part, and the second branch of his corruption, namely, what is commonly called his active corruption, distinguishing the personal under the name of passive, will appear from his having given, under color of contracts, a number of corrupt and lucrative advantages from a number of unauthorized and unreasonable grants, pensions, and allowances, by which he corrupted actively the whole service of the Company. And, lastly, we shall show, that, by establishing a universal connivance from one end of the service to the other, he has not only corrupted and contaminated it in all its parts, but bound it in a common league of iniquity to support mutually each other against the inquiry that should detect and the justice that should punish their offences. These two charges, namely, of his active and passive corruption, we shall bring one after the other, as strongly and clearly illustrating and as powerfully confirming each other.

The first which we shall bring before you is his own passive corruption,—so we commonly call it. Bribes are so little known in this country that we can hardly get clear and specific technical names to distinguish them; but in future, I am afraid, the conduct of Mr. Hastings will improve our law vocabulary. The first, then, of these offences with which Mr. Hastings stands charged here is receiving bribes himself, or through his banians. Every one of these are overt acts of the general charge of bribery, and they are every one of them, separately taken, substantive crimes. But whatever the criminal nature of these acts was, (and the nature was very criminal, and the consequences to the country very dreadful,) yet we mean to prove to your Lordships that they were not single acts, that they were not acts committed as opportunity offered, or as necessity tempted or urged upon the occasion, but that they are parts of a general systematic plan of corruption, for advancing his fortune at the expense of his integrity; that he has, for that purpose, not only taken the opportunity of his own power, but made whole establishments, altered and perverted others, and created complete revolutions in the country's government, for the purpose of making the power which ought to be subservient to legal government subservient to corruption; that, when he could no longer cover these fraudulent proceedings by artifice, he endeavored to justify them by principle. These artifices we mean to detect; these principles we mean to attack, and, with your Lordships' aid, to demolish, destroy, and subvert forever.

My Lords, I must say, that in this business, which is a matter of collusion, concealment, and deceit, your Lordships will, perhaps, not feel the same degree of interest as in the others. Hitherto you have had before you crimes of dignity: you have had before you the ruin and expulsion of great and illustrious families, the breach of solemn public treaties, the merciless pillage and total subversion of the first houses in Asia. But the crimes which are the most striking to the imagination are not always the most pernicious in their effects: in these high, eminent acts of domineering tyranny, their very magnitude proves a sort of corrective to their virulence. The occasions on which they can be exercised are rare; the persons upon whom they can be exercised few; the persons who can exercise them, in the nature of things, are not many. These high tragic acts of superior, overbearing tyranny are privileged crimes; they are the unhappy, dreadful prerogative, they are the distinguished and incommunicable attributes, of superior wickedness in eminent station.

But, my Lords, when the vices of low, sordid, and illiberal minds infect that high situation,—when theft, bribery, and peculation, attended with fraud, prevarication, falsehood, misrepresentation, and forgery—when all these follow in one train,—when these vices, which gender and spawn in dirt, and are nursed in dunghills, come and pollute with their slime that throne which ought to be a seat of dignity and purity, the evil is much greater; it may operate daily and hourly; it is not only imitable, but improvable, and it will be imitated, and will be improved, from the highest to the lowest, through all the gradations of a corrupt government. They are reptile vices. There are situations in which the acts of the individual are of some moment, the example comparatively of little importance. In the other, the mischief of the example is infinite.

My Lords, when once a Governor-General receives bribes, he gives a signal to universal pillage to all the inferior parts of the service. The bridles upon hard-mouthed passion are removed; they are taken away; they are broken. Fear and shame, the great guards to virtue next to conscience, are gone. Shame! how can it exist?—it will soon blush away its awkward sensibility. Shame, my Lords, cannot exist long, when it is seen that crimes which naturally bring disgrace are attended with all the outward symbols, characteristics, and rewards of honor and of virtue,—when it is seen that high station, great rank, general applause, vast wealth follow the commission of peculation and bribery. Is it to be believed that men can long be ashamed of that which they see to be the road to honor? As to fear, let a Governor-General once take bribes, there is an end of all fear in the service. What have they to fear? Is it the man whose example they follow that is to bring them before a tribunal for their punishment? Can he open any inquiry? He cannot: he that opens a channel of inquiry under these circumstances opens a high-road to his own detection. Can he make any laws to prevent it? None: for he can make no laws to restrain that practice without the breach of his own laws immediately in his own conduct. If we once can admit, for a single instant, in a Governor-General, a principle, however defended, upon any pretence whatever, to receive bribes in consequence of his office, there is an end of all virtue, an end of the laws, and no hope left in the supreme justice of the country. We are sensible of all these difficulties; we have felt them; and perhaps it has required no small degree of exertion for us to get the better of these difficulties which are thrown in our way by a Governor-General accepting bribes, and thereby screening and protecting the whole service in such iniquitous proceedings.

With regard to this matter, we are to state to your Lordships, in order to bring it fully and distinctly before you, what the nature of this distemper of bribery is in the Indian government. We are to state what the laws and rules are which have been opposed to prevent it, and the utter insufficiency of all that have been proposed: to state the grievance, the instructions of the Company and government, the acts of Parliament, the constructions upon the acts of Parliament. We are to state to your Lordships the particular situation of Mr. Hastings; we are to state the trust the Company had in him for the prevention of all those evils; and then we are to prove that every evil, that all those grievances which the law intended to prevent, which there were covenants to restrain, and with respect to which there were encouragements to smooth and make easy the path of duty, Mr. Hastings was invested with a special, direct, and immediate trust to prevent. We are to prove to your Lordships that he is the man who, in his own person collectively, has done more mischief than all those persons whose evil practices have produced all those laws, those regulations, and even his own appointment.

The first thing that we shall do is to state, and which we shall prove in evidence, that this vice of bribery was the ancient, radical, endemical, and ruinous distemper of the Company's affairs in India, from the time of their first establishment there. Very often there are no words nor any description which can adequately convey the state of a thing like the direct evidence of the thing itself: because the former might be suspected of exaggeration; you might think that which was really fact to be nothing but the coloring of the person that explained it; and therefore I think that it will be much better to give to your Lordships here a direct state of the Presidency at the time when the Company enacted those covenants which Mr. Hastings entered into, and when they took those measures to prevent the very evils from persons placed in those very stations and in those very circumstances in which we charge Mr. Hastings with having committed the offences we now bring before you.

I wish your Lordships to know that we are going to read a consultation of Lord Clive's, who was sent out for the express purpose of reforming the state of the Company, in order to show the magnitude of the pecuniary corruptions that prevailed in it.

"It is from a due sense of the regard we owe and profess to your interests and to our own honor, that we think it indispensably necessary to lay open to your view a series of transactions too notoriously known to be suppressed, and too affecting to your interest, to the national character, and to the existence of the Company in Bengal, to escape unnoticed and uncensured,—transactions which seem to demonstrate that every spring of this government was smeared with corruption, that principles of rapacity and oppression universally prevailed, and that every spark of sentiment and public spirit was lost and extinguished in the unbounded lust of unmerited wealth.

"To illustrate these positions, we must exhibit to your view a most unpleasing variety of complaints, inquiries, accusations, and vindications, the particulars of which are entered in our Proceedings and the Appendix,—assuring you that we undertake this task with peculiar reluctance, from the personal regard we entertain for some of the gentlemen whose characters will appear to be deeply affected.

"At Fort St. George we received the first advices of the demise of Mir Jaffier and of Sujah Dowlah's defeat. It was there firmly imagined that no definite measures would be taken, either in respect to a peace or filling the vacancy in the nizamut, before our arrival,—as the 'Lapwing' arrived in the month of January with your general letter, and the appointment of a committee with express powers to that purpose, for the successful exertion of which the happiest occasion now offered. However, a contrary resolution prevailed in the Council. The opportunity of acquiring immense fortunes was too inviting to be neglected, and the temptation too powerful to be resisted. A treaty was hastily drawn up by the board, or rather transcribed, with few unimportant additions, from that concluded with Mir Jaffier,—and a deputation, consisting of Messrs. Johnstone, senior, Middleton, and Leycester, appointed to raise the natural son of the deceased Nabob to the subahdarry, in prejudice of the claim of the grandson; and for this measure such reasons are assigned as ought to have dictated a diametrically opposite resolution. Meeran's son was a minor, which circumstance alone would have naturally brought the whole administration into our hands, at a juncture when it became indispensably necessary we should realize that shadow of power and influence which, having no solid foundation, was exposed to the danger of being annihilated by the first stroke of adverse fortune. But this inconsistence was not regarded; nor was it material to the views for precipitating the treaty, which was pressed on the young Nabob at the first interview, in so earnest and indelicate a manner as highly disgusted him and chagrined his ministers; while not a single rupee was stipulated for the Company, whose interests were sacrificed, that their servants might revel in the spoils of a treasury before impoverished, but now totally exhausted.

"This scene of corruption was first disclosed, at a visit the Nabob was paid, to Lord Clive and the gentlemen of the Committee, a few days after our arrival. He there delivered to his Lordship a letter filled with bitter complaints of the insults and indignities he had been exposed to, and the embezzlement of near twenty lacs of rupees, issued from his treasury for purposes unknown, during the late negotiations. So public a complaint could not be disregarded, and it soon produced an inquiry. We referred the letter to the board, in expectation of obtaining a satisfactory account of the application of this money, and were answered only by a warm remonstrance entered by Mr. Leycester against that very Nabob in whose elevation he boasts of having been a principal agent.

"Mahomed Reza Khân, the Naib Subah, was then called upon to account for this large disbursement from the treasury; and he soon delivered to the Committee the very extraordinary narrative entered in our Proceedings the 6th of June, wherein he specifies the several names and sums, by whom paid, and to whom, whether in cash, bills, or obligations. So precise, so accurate an account as this of money for secret and venal services was never, we believe, before this period, exhibited to the Honorable Court of Directors,—at least, never vouched by such undeniable testimony and authentic documents: by Juggut Seet, who himself was obliged to contribute largely to the sums demanded; by Muley Ram, who was employed by Mr. Johnstone in all those pecuniary transactions; by the Nabob and Mahomed Reza Khân, who were the heaviest sufferers; and, lastly, by the confession of the gentlemen themselves whose names are specified in the distribution list.

"Juggut Seet expressly declared in his narrative, that the sum which he agreed to pay the deputation, amounting to 125,000 rupees, was extorted by menaces; and since the close of our inquiry, and the opinions we delivered in the Proceedings of the 21st June, it fully appears that the presents from the Nabob and Mahomed Reza Khân, exceeding the immense sum of seventeen lacs, were not the voluntary offerings of gratitude, but contributions levied on the weakness of the government, and violently exacted from the dependent state and timid disposition of the minister. The charge, indeed, is denied on the one hand, as well as affirmed on the other. Your honorable board must therefore determine how far the circumstance of extortion may aggravate the crime of disobedience to your positive orders, the exposing the government in a manner to sale, and receiving the infamous wages of corruption from opposite parties and contending interests. We speak with boldness, because we speak from conviction founded upon indubitable facts, that, besides the above sums specified in the distribution account to the amount of 228,125 pounds sterling, there was likewise to the value of several lacs of rupees procured from Nundcomar and Roydullub, each of whom aspired at and obtained a promise of that very employment it was predetermined to bestow on Mahomed Reza Khân.

(Signed at the end)

"CLIVE.
W^M B. SUMNER.
JOHN CARNAC.
H. VERELST.
FRA^S SYKES."

This paper cannot be denied to be a paper of weight and authenticity, because it is signed by a gentleman now in this House, who sits on one side of the gentleman at your bar, as his bail. This grievance, therefore, so authenticated, so great, and described in so many circumstances, I think it might be sufficient for me, in this part of the business, to show was, when Mr. Hastings was sent to India, a prevalent evil.

But, my Lords, it is necessary that I should show to you something more, because, prima fronte, this is some exculpation of Mr. Hastings: for, if he was only a partaker in a general misconduct, it was rather vitium loci et vitium temporis than vitium hominis. This might be said in his exculpation. But I am next to show your Lordships the means which the Company took for removing this grievance; and that Mr. Hastings's peculiar trust, the great specific ground of his appointment, was a confidence that he would eradicate this very evil, of which we are going to prove that he has been one of the principal promoters. I wish your Lordships to advert to one particular circumstance,—namely, that the two persons who were bidders at this time, and at this auction of government, for the favor and countenance of the Presidency at Calcutta, were Mahomed Reza Khân and Rajah Nundcomar. I wish your Lordships to recollect this by-and-by, when we shall bring before you the very same two persons, who, in the same sort of transaction, and in circumstances exactly similar, or very nearly so, were candidates for the favor of Mr. Hastings.

My Lords, our next step will be to show you that the Company in 1768 had made a covenant expressly forbidding the taking of presents of above 400l. value in each present by the Governor-General. I take it for granted, this will not be much litigated. They renewed and enforced that with other covenants and other instructions; and at last came an act of Parliament, in the clearest, the most definite, the most specific words that all the wisdom of the legislature, intent upon the eradication of this evil, could use, to prevent the receiving of presents.

My Lords, I think it is necessary to state, that there has been some little difficulty concerning this word, presents. Bribery and extortion have been covered by the name of presents, and the authority and practice of the East has been adduced as a palliation of the crime. My Lords, no authority of the East will be a palliation of the breach of laws enacted in the West: and to those laws of the West, and not the vicious customs of the East, we insist upon making Mr. Hastings liable. But do not your Lordships see that this is an entire mistake? that there never was any custom of the East for it? I do not mean vicious practices and customs, which it is the business of good laws and good customs to eradicate. There are three species of presents known in the East,—two of them payments of money known to be legal, and the other perfectly illegal, and which has a name exactly expressing it in the manner our language does. It is necessary that your Lordships should see that Mr. Hastings has made use of a perversion of the names of authorized gifts to cover the most abominable and prostituted bribery. The first of those presents is known in the country by the name of peshcush: this peshcush is a fine paid, upon the grant of lands, to the sovereign, or whoever grants them. The second is the nuzzer, or nuzzerana, which is a tribute of acknowledgment from an inferior to a superior. The last is called reshwat, in the Persian language,—that is to say, a bribe, or sum of money clandestinely and corruptly taken,—and is as much distinguished from the others as, in the English language, a fine or acknowledgment is distinguished from a bribe. To show your Lordships this, we shall give in evidence, that, whenever a peshcush or fine is paid, it is a sum of money publicly paid, and paid in proportion to the grant,—and that the sum is entered upon the very grant itself. We shall prove the nuzzer is in the same manner entered, and that all legal fees are indorsed upon the body of the grant for which they are taken: and that they are no more in the East than in the West any kind of color or pretence for corrupt acts, which are known by the circumstance of their being clandestinely taken, and which are acknowledged and confessed to be illegal and corrupt. Having stated that Mr. Hastings, in some of the evidence that we shall produce, endeavors to confound these three things, I am only to remark that the nuzzer is generally a very small sum of money, that it sometimes amounts to one gold mohur, that sometimes it is less, and that, in all the records of the Company, I have never known it exceed one gold mohur, or about thirty-five shillings,—passing by the fifty gold mohurs which were given to Mr. Hastings by Cheyt Sing, and a hundred gold mohurs which were given to the Mogul, as a nuzzer, by Mahomed Ali, Nabob of Arcot.

The Company, seeing that this nuzzer, though small in each sum, might amount at last to a large tax upon the country, (and it did so in fact,) thought proper to prohibit any sum of money to be taken upon any pretext whatever; and the Company in the year 1775 did expressly explode the whole doctrine of peshcush, nuzzer, and every other private lucrative emolument, under whatever name, to be taken by the Governor-General, and did expressly send out an order that that was the construction of the act, and that he was not even to take a nuzzer. Thus we shall show that that act had totally cut up the whole system of bribery and corruption, and that Mr. Hastings had no sort of color whatever for taking the money which we shall prove he has taken.

I know that positive prohibitions, that acts of Parliament, that covenants, are things of very little validity indeed, as long as all the means of corruption are left in power, and all the temptations to corrupt profit are left in poverty. I should really think that the Company deserved to be ill served, if they had not annexed such appointments to great trusts as might secure the persons intrusted from the temptations of unlawful emolument, and, what in all cases is the greatest security, given a lawful gratification to the natural passions of men. Matrimony is to be used, as a true remedy against a vicious course of profligate manners; fair and lawful emoluments, and the just profits of office, are opposed to the unlawful means which might be made use of to supply them. For, in truth, I am ready to agree, that for any man to expect a series of sacrifices without a return in blessings, to expect labor without a prospect of reward, and fatigue without any means of securing rest, is an unreasonable demand in any human creature from another. Those who trust that they shall find in men uncommon and heroic virtues are themselves endeavoring to have nothing paid them but the common returns of the worst parts of human infirmity. And therefore I shall show your Lordships that the Company did provide large, ample, abundant means for supporting the Governor-General,—that Lord Clive, in the year 1765, and the Council with him, of which Mr. Sumner, I am glad and proud to say, was one, did fix such an allowance as they thought a sufficient security to the Governor-General against the temptations attendant upon his situation; and therefore, after they had fixed this sum, they say, "that, although by this means the Governor will not be able to amass a million or half a million in the space of two or three years, yet he will acquire a very handsome independency, and be in that very situation which a man of honor and true zeal for the service would wish to possess. Thus situated, he may defy all opposition in Council; he will have nothing to ask, nothing to propose, but what he wishes for the advantage of his employers; he may defy the law, because there can be no foundation for a bill of discovery; and he may defy the obloquy of the world, because there can be nothing censurable in his conduct. In short, if stability can be insured to such a government as this, where riches have been acquired in abundance in a small space of time, by all ways and means, and by men with or without capacities, it must be effected by a Governor thus restricted,"—that is, a Governor restricted from every emolument but that of his salary. I must remark, that this salary and these emoluments were not settled upon the vague speculations of men taking the measure of their necessities for India from the manners of England; but it was fixed by the Council themselves,—fixed in India,—fixed by those who knew and were in the situation of the Governor-General, and who knew what was necessary to support his dignity and to preserve him from the temptation of corruption: and they have laid open to you such a body of advantages arising from it as would lead any man, who had a regard to his honor or conscience, to think himself happy in having such a provision made for him, and at the same time every temptation to act corruptly removed far from him.

The emoluments of the office, though reduced from the original plan which Lord Clive had proposed, may be computed at near 30,000l. a year, when Mr. Hastings was President: 22,000l. in certain money, and the rest in other advantages. Whatever it was, I have shown that it was thought sufficient by those who were the best judges, and who, in carving for others, were carving for themselves their own allowance at the time. But, my Lords, I am to give a better opinion of the sufficiency of that provision to guard against the temptation, out of Mr. Hastings's own mouth. He says, in his letter to the Court of Directors, "Although I disclaim the consideration of my own interest in these speculations, and flatter myself that I proceed upon more liberal grounds, yet I am proud to avow the feelings of an honest ambition that stimulates me to aspire at the possession of my present station for years to come. Those who know my natural turn of mind will not ascribe this to sordid views. A very few years' possession of the government would undoubtedly enable me to retire with a fortune amply fitted to the measure of my desires, were I to consult only my ease: but in my present situation I feel my mind expand to something greater; I have catched the desire of applause in public life."

Here Mr. Hastings confesses that the emoluments affixed to office were not only sufficient for the purposes and ends which the nature of his office demanded, and the support of present dignity, but that they were sufficient to secure him, in a very few years, a comfortable retreat; but his object in wishing to hold his office long was to catch applause in public life. What an unfortunate man is he, who has so often told us, in so many places, and through so many mouths, that, after fourteen years' possession of an office which was to make him a comfortable fortune in a few years, he is at length bankrupt in fortune, and for his applause in public life is now at your Lordships' bar, and his accuser is his country! This, my Lords, is to be unfortunate: but there are some misfortunes that never do or ever can arrive but through crimes. He was a deserter from the path of honor. At the turning of the two ways he made a glorious choice,—he caught at the applause of ambition: which though I am ready to consent is not virtue, yet surely a generous ambition for applause for public services in life is one of the best counterfeits of virtue, and supplies its place in some degree; and it adds a lustre to real virtue, where it exists as the substratum of it. Human nature, while it is made as it is, never can wholly repudiate it for its imperfection, because there is something yet more perfect. But what shall we say to the deserter of that cause, who, having glory and honor before him, has chosen to plunge himself into the downward road to sordid riches?

My Lords, I have shown the grievances that existed. I have shown the means that existed to put Mr. Hastings beyond a temptation to those practices of which we accuse him, even in his own opinion,—if he will not follow his example in the House of Commons, and disavow this letter, as he has done his defence before them, and say he never wrote it. That situation which was to afford him a comfortable fortune in a few years he has held for many years, and therefore he has not one excuse to make for himself; but I shall show your Lordships much greater and stronger proofs, that will lean heavy upon him in the day of your sentence. The first, the peculiar, trust that was put in him, was to redress all those grievances.

My Lords, I have stated to you the condition of India in 1765. You may suppose that the means that were taken, the regulations that were made by the Company at that period of time, had operated their effect, and that by the beginning of the year 1772, when Mr. Hastings came first to his government, these evils did not then require, perhaps, so vigorous an example, or so much diligence in putting an end to them; but, my Lords, I have to show you a very melancholy truth, that, notwithstanding all these means, the Company was of opinion that all these disorders had increased, and accordingly they say, without entering into all the grievous circumstances of this letter, which was wrote on the 10th of April, 1773, "We wish we could refute the observation, that almost every attempt made by us and our administration at your Presidency for reforming abuses has rather increased them, and added to the misery of a country we are so anxious to protect and cherish." They say, that, "when oppression pervades the whole country, when youths have been suffered with impunity to exercise sovereign jurisdiction over the natives, and to acquire rapid fortunes by monopolizing of commerce, it cannot be a wonder to us or yourselves that Dadney merchants do not come forward to contract with the Company, that the manufactures find their way through foreign channels, or that our investments are at once enormously dear and of a debased quality. It is evident, then, that the evils which have been so destructive to us lie too deep for any partial plans to reach or correct; it is therefore our resolution to aim at the root of those evils, and we are happy in having reason to believe that in every just and necessary regulation we shall meet with the approbation and support of the legislature, who consider the public as materially interested in the Company's prosperity."

This is to show your Lordships that Mr. Hastings was armed with great powers to correct great abuses, and that there was reposed in him a special trust for that purpose. And now I shall show, by the twenty-fifth paragraph of the same letter, that they intrusted Mr. Hastings with this very great power from some particular hope they had, not only of his abstaining himself, which is a thing taken for granted, but of his restraining abuses through every part of the service; and therefore they say, "that, in order to effectuate this great end, the first step must be to restore perfect obedience and due subordination to your administration. Our Governor and Council must reassume and exercise their delegated powers upon every just occasion,—punish delinquents, cherish the meritorious, discountenance that luxury and dissipation which, to the reproach of government, prevailed in Bengal. Our President, Mr. Hastings, we trust, will set the example of temperance, economy, and application; and upon this, we are sensible, much will depend. And here we take occasion to indulge the pleasure we have in acknowledging Mr. Hastings's services upon the coast of Coromandel, in constructing with equal labor and ability the plan which has so much improved our investments there; and as we are persuaded he will persevere in the same laudable pursuit through every branch of our affairs in Bengal, he, in return, may depend on the steady support and favor of his employers." Here are not only laws to restrain abuse, here are not only salaries to prevent the temptation to it, but here are praises to animate and encourage him, here is what very few men, even bad in other respects, have resisted,—here is a great trust put in him, to call upon him with particular vigor and exertion to prevent all abuses through the settlement, and particularly these abuses of corruption. Much trust is put in his frugality, his order, his management of his private affairs; and from thence they hope that he would not ruin his own fortune, but improve it by honorable means, and teach the Company's servants the same order and management, in order to free them from temptation to rapacity in their own particular situations. There have been known to be men, otherwise corrupt and vicious, who, when great trust was put in them, have called forth principles of honor latent in their minds; and men who were nursed, in a manner, in corruption have been not only great reformers by institution, but greater reformers by the example of their own conduct. Then I am to show, that, soon after his coming to that government, there were means given him instantly of realizing those hopes and expectations, by putting into his hands several arduous and several difficult commissions.

My Lords, in the year 1772 the Company had received alarming advices of many disorders throughout the country: there were likewise, at the same time, circumstances in the state of the government upon which they thought it necessary to make new regulations. The famine which prevailed in and devastated Bengal, and the ill use that was made of that calamity to aggravate the distress for the advantage of individuals, produced a great many complaints, some true, some exaggerated, but universally spread, as I believe is in the memory of those who are not very young among us. This obliged the Company to a very serious consideration of an affair which dishonored and disgraced their government, not only at home, but through all the countries in Europe, much more than perhaps even more grievous and real oppressions that were exercised under them. It had alarmed their feelings, it had been marked, and had called the attention of the public upon them in an eminent manner.

Your Lordships remember the death of Jaffier Ali Khân, the first of those subahs who introduced the English power into Bengal. He died about four or five years before this period. He was succeeded by two of his sons, who succeeded to one another in a very rapid succession. The first was the person of whom we have read an account to you. He was the natural son of the Nabob by a person called Munny Begum, who, for the corrupt gifts the circumstances of which we have recited, had, in prejudice of the lawful issue of the Nabob, been raised to the musnud; but as bastard slips, it is said in King Richard, (an abuse of a Scripture phrase,) do not take deep root, this bastard slip, Nujim ul Dowlah, shortly died, and the legitimate son, Syef ul Dowlah, succeeded him. After him another legitimate son, Mobarek ul Dowlah, succeeded in a minority. When I say succeeded, I wish your Lordships to understand that there is no regular succession in the office of subah or viceroy of the kingdom; but, in general, succession has been considered, and persons have been put in that place upon some principles resembling a regular succession. That regular succession had been broken in favor of a natural son, and the mother of that natural son did obtain the superiority in the female part of the family for a time.

In consequence of these two circumstances, namely, the famine, and the abuses that were supposed to arise from it, and from the circumstance of the minority of Mobarek ul Dowlah, who now reigns or appears to reign,—in consequence of these two circumstances, the Company gave two sets of orders.

The first order related to Mahomed Reza Khân, who was (as your Lordships remember I took, in the beginning of this affair, means of explaining) lord-deputy of the province under the native government, the English holding the dewanny,—and deputy dewan, or high-steward, under the name of the English, and had the command of the whole revenue; and who was accused before the Company (the channel of which accusation we now learn) of having aggravated that famine by a monopoly for his own benefit. The Company, upon these loose and general charges, ordered that he should be divested of his office, that he should be brought down to Calcutta, and there be obliged to render an account of his conduct.

The next regulation they made was concerning the effective government of the country, which was become vacant by the removal of Mahomed Reza Khân. The offices which he held were in effect these: he was guardian to the Nabob by the appointment of the Company; he had the care and management of his family; he had the care of the public justice; and he represented that shadow of government to foreign nations which it was the policy of the Company, at that time, to keep up. This was the person whom Mr. Hastings was ordered to remove; in consequence of which removal all these offices were to be supplied,—of guardian of the Nabob's person and manager of his family, of chief magistrate, and of representative of the fallen dignity of the native government to the foreign nations which traded to Bengal.

To these orders was added an instruction of a very remarkable nature, which was a third trust that was given to Mr. Hastings: that during the Nabob's minority he should reduce the annual allowance, which was thirty-two lacs, to sixteen; and that to prevent the abuse of this restricted sum, and to prevent its being directed by the minister's authority to other purposes than that for which the Company allowed it, (that is to say, allowed him out of what was his own,) of these sixteen lacs an account was to be regularly kept, as a check upon the person so appointed, which account was ordered to be transmitted to Calcutta, and to be sent to England.

Now we are to show your Lordships what Mr. Hastings's conduct was upon all these occasions; and for this we mean to produce testimony recorded in the Company's books, and authentic documents taken from the public offices of that country. At the same time I do admit that there never was a positive testimony that did not stand something in need of the support of presumption: for, as we know that witnesses may be perjured, and as we know that documents can be forged, we have recourse to a known principle in the laws of all countries, that circumstances cannot lie; and therefore, if the testimony that is given was ever so clear and positive, yet, if it is contrary to the circumstances of the country, if it is contrary to the circumstances of the facts to which it alludes, if the deposition is totally adverse and alien to the characters of the persons, then I will say, that, though the testimonies should be many, though they should be consistent, and though they should be clear, yet they will still leave some degree of hesitation and doubt upon every mind timorous in the execution of justice, as every mind ought to be. If, for instance, ten witnesses were to swear that the Chief-Justice of England, that the Lord High-Chancellor, or the Archbishop of Canterbury, was seen, in the robes of his function, at noonday, robbing upon the highway, it is not the clearness, the weight, the authority of testimonies, that could make me believe it; I should attribute it to any cause, either corruption, mistake, error, or madness, rather than believe that fact. Why? Because it is totally alien to the character of the persons, the situation, the circumstances, and to all the rules of probability. But if, on the contrary, the crime charged has a perfect relation with the person, with his known conduct, with his known habits, with the situation and circumstances of the place that he is in, and with the very corrupt inherent nature of the act that he does, then much less proof than we are able to produce will serve; and according to the nature and strength of the presumptions arising from the inherent nature of a vicious principle and vicious motives in the act, will be strengthened the weakest evidence, or, if it comes to a sufficient height, the whole burden of proof will be turned upon the party accused. And thus we shall think ourselves bound to show your Lordships, in every step of this proceeding, that there is an inherent presumption of corruption in every act. We shall show the presumptions which preceded, we shall show the presumptions which accompanied the proof; and these, with the subsequent presumptions, will make it impossible to disbelieve them. Such a body of proof was never given upon any such occasion: and it is such proof as will prevail against the whole voice of corruption, that amazing, active, diligent, spreading voice, which has been made, by buzzing in every part of this country, sometimes to sound like the public voice; it will put it to silence, by showing that your Lordships have proceeded upon the strongest evidence, active and passive.

First, Mr. Hastings received a positive order to seize upon Mahomed Reza Khân. That order he executed with a military promptitude of obedience, which will show your Lordships what are the services which are congenial to his own mind, and which find in him always a ready acquiescence, a faithful agent, and a spirited instrument in the execution. The very day after he received the order, he sent up, privately, without communicating with the Council, from whom he was not ordered to keep this proceeding a secret,—he sent up, and found that great and respectable man and respectable magistrate, who was in all those high offices which I have stated: and if I was to compare them to circumstances and situations in this country, I should say he had united in himself the character of First Lord of the Treasury, the character of Chief-Justice, the character of Lord High-Chancellor, and the character of Archbishop of Canterbury: a man of great gravity, dignity, and authority, and advanced in years; had once 100,000l. a year for the support of his dignity, and had at that time 50,000l. This man, sitting in his garden, reposing himself after the toils of his situation, (for he was one of the most laborious men in the world,) was suddenly arrested, and, without a moment's respite, dragged down to Calcutta, and there by Mr. Hastings (exceeding the orders of the Company) confined near two years under a guard of soldiers. Mr. Hastings kept this great man for several months without even attempting the trial upon him. How he tried him afterwards your Lordships may probably in the course of this business inquire; and you will then judge, from the circumstances of that trial, that, as he was not tried for his crime, so neither was he acquitted for his innocence;—but at present I leave him in that situation. Mr. Hastings, unknown to the Council, having executed the orders of the Company in the last degree of rigor to this unhappy man, keeps him in that situation, without a trial, under a guard, separated from his country, disgraced and dishonored, and by Mr. Hastings's express order not suffered either to make a visit or receive a visitor.

There was another commission for Mr. Hastings contained in these orders. The Company, because they were of opinion that justice could not be easily obtained while the first situations of the country were filled with this man's adherents, desired Mr. Hastings to displace them: leaving him a very large power, and confiding in his justice, prudence, and impartiality not to abuse a trust of such delicacy. But we shall prove to your Lordships that Mr. Hastings thought it necessary to turn out, from the highest to the lowest, several hundreds of people, for no other reason than that they had been put in their employments by that very man whom the English government had formerly placed there. If we were to insist that we could not possibly try Mr. Hastings, or come at his wickedness, until we had eradicated his influence in Bengal, and left not one man in it who was during his government in any place or office whatever, yet, though we should readily admit that we could not do the whole without it, at the same time, rather than make a general massacre of every person presumed to be under his influence, we would leave some of his crimes unproved. He did avow and declare, that, unless he turned all these persons out of their offices, he could never hope to come at the truth of any charges against Mahomed Reza Khân, against whom no specific charge had been made. Yet, upon loose and general charges, did he seize upon this man, confine him in this manner, and every person who derived any place or authority from him, high or low, was turned out. Mr. Hastings had in the Company's orders something to justify him in rigor, but he had likewise a prudential power over that rigor; and he not only treated this man in the manner described, but every human creature connected with him, as if they had been all guilty, without any charge whatever against them. These are his reasons for taking this extraordinary step.

"I pretend not to enter into the views of others. My own were these. Mahomed Reza Khân's influence still prevailed generally throughout the country. In the Nabob's household, and at the capital, it was scarce affected by his present disgrace. His favor was still courted, and his anger dreaded. Who, under such discouragements, would give information or evidence against him? His agents and creatures filled every office of the nizamut and dewanny. How was the truth of his conduct to be investigated by these? It would be superfluous to add other arguments to show the necessity of prefacing the inquiry by breaking his influence, removing his dependants, and putting the direction of all the affairs which had been committed to his care into the hands of the most powerful or active of his enemies."

My Lords, if we of the House of Commons were to desire and to compel the East India Company, or to address the crown, to remove, according to their several situations and several capacities, every creature that had been put into office by Mr. Hastings, because we could otherwise make no inquiry into his conduct, should we not be justified by his own example in insisting upon the removal of every creature of the reigning power before we could inquire into his conduct? We have not done that, though we feel, as he felt, great disadvantages in proceeding in the inquiry while every situation in Bengal is notoriously held by his creatures,—always excepting the first of all, but which we could show is nothing under such circumstances. Then what do I infer from this,—from his obedience to the orders of the Company, carried so much beyond necessity, and prosecuted with so much rigor,—from the inquiry being suspended for so long a time,—from every person in office being removed from his situation,—from all these precautions being used as prefatory to the inquiry, when he himself says, that, after he had used all these means, he found not the least benefit and advantage from them? The use I mean to make of this is, to let your Lordships see the great probability and presumption that Mr. Hastings, finding himself in the very selfsame situation that had occurred the year before, when Nundcomar was sold to Mahomed Reza Khân, of selling Mahomed Reza Khân to Nundcomar, made a corrupt use of it, and that, as Mahomed Reza Khân was not treated with severity for his crimes, so neither was he acquitted for his innocence. The Company had given Mr. Hastings severe orders, and very severely had he executed them. The Company gave him no orders not to institute a present inquiry; but he, under pretence of business, neglected that inquiry, and suffered this man to languish in prison to the utter ruin of his fortune.

We have in part shown your Lordships what Mr. Hastings's own manner of proceeding with regard to a public delinquent is; but at present we leave Mahomed Reza Khân where he was. Do your Lordships think that there is no presumption of Mr. Hastings having a corrupt view in this business, and of his having put this great man, who was supposed to be of immense wealth, under contributions? Mr. Hastings never trusted his colleagues in this proceeding; and what reason does he give? Why, he supposed that they must be bribed by Mahomed Reza Khân. "For," says he, "as I did not know their characters at that time, I did not know whether Mahomed Reza Khân had not secured them to his interest by the known ways in which great men in the East secure men to their interest." He never trusted his colleagues with the secret; and the person that he employed to prosecute Mahomed Reza Khân was his bitter enemy, Nundcomar. I will not go the length of saying that the circumstance of enmity disables a person from being a prosecutor; under some circumstances it renders a man incompetent to be a witness; but this I know, that the circumstance of having no other person to rely upon in a charge against any man but his enemy, and of having no other principle to go upon than what is supposed to be derived out of that enmity, must form some considerable suspicion against the proceeding. But in this he was justified by the Company; for Nundcomar, the great rival of Mahomed Reza Khân, was in the worst situation with the Company as to his credit. This Nundcomar's politics in the country had been by Mr. Hastings himself, and by several persons joined with him, cruelly represented to the Company; and accordingly he stood so ill with them, by reason of Mr. Hastings's representations and those of his predecessors, that the Company ordered and directed, that, if he could be of any use in the inquiry into Mahomed Reza Khân's conduct, some reward should be given him suitable to his services; but they caution Mr. Hastings at the same time against giving him any trust which he might employ to the disadvantage of the Company. Now Mr. Hastings began, before he could experience any service from him, by giving him his reward, and not the base reward of a base service, money, but every trust and power which he was prohibited from giving him. Having turned out every one of Mahomed Reza Khân's dependants, he filled every office, as he avows, with the creatures of Nundcomar. Now when he uses a cruel and rigorous obedience in the case of Mahomed Reza Khân, when he breaks through the principles of his former conduct with regard to Nundcomar, when he gives him, Nundcomar, trust, whom he was cautioned not to trust, and when he gives him that reward before any service could be done,—I say, when he does this, in violation of the Company's orders and his own principles, it is the strongest evidence that he now found them in the situation in which they were in 1765, when bribes were notoriously taken, and that each party was mutually sold to the other, and faith kept with neither. The situation in which Mr. Hastings thus placed himself should have been dreaded by him of all things, because he knew it was a situation in which the most outrageous corruption had taken place before.

There is another circumstance which serves to show that in the persecution of these great men, and the persons employed by them, he could have no other view than to extort money from them. There was a person of the name of Shitab Roy, who had a great share in the conduct of the revenues of Bahar. Mr. Hastings, in the letter to the Company, complaining of the state of their affairs, and saying that there were great and suspicious balances in the kingdom of Bahar, does not even name the name of Shitab Roy. There was an English counsellor, a particular friend of Mr. Hastings's, there, under whose control Shitab Roy acted. Without any charges, without any orders from the Company, Mr. Hastings dragged down that same Shitab Roy, and in the same ignominious prison he kept him the same length of time, that is, one year and three months, without trial; and when the trial came on, there was as much appearance of collusion in the trial as there was of rigor in the previous process. This is the manner in which Mr. Hastings executed the command of the Company for removing Mahomed Reza Khân.

When a successor to Mahomed Reza Khân was to be appointed, your Lordships naturally expect, from the character I have given of him, and from the nature of his functions, that Mr. Hastings would be particularly precise, would use the utmost possible care in nominating a person to succeed him, who might fulfil the ends and objects of his employment, and be at the same time beyond all doubt and suspicion of corruption in any way whatever. Let us now see how he fills up that office thus vacant. When the Company ordered Mahomed Reza Khân to be dispossessed of his office, they ordered at the same time that the salary of his successor should be reduced: that 30,000l. was a sufficient recompense for that office. Your Lordships will see by the allowance for the office, even reduced as it was, that they expected some man of great eminence, of great consequence, and fit for those great and various trusts. They cut off the dewanny from it, that is, the collection of the revenues; and having lessened his labors, they lessened his reward.—They ordered that this person, who was to be guardian of the Nabob in his minority, and who was to represent the government, should have but 30,000l. The order they give is this.

"And that as Mahomed Reza Khân can no longer be considered by us as one to whom such a power can safely be committed, we trust to your local knowledge the selection of some person well qualified for the affairs of government, and of whose attachment to the Company you shall be well assured. Such person you will recommend to the Nabob, to succeed Mahomed Reza, as minister of the government, and guardian of the Nabob's minority; and we persuade ourselves that the Nabob will pay such regard to your recommendation as to invest him with the necessary power and authority.

"As the advantages which the Company may receive from the appointment of such minister will depend on his readiness to promote our views and advance our interest, we are willing to allow him so liberal a gratification as may excite his zeal and insure his attachment to the Company; we therefore empower you to grant to the person whom you shall think worthy of this trust an annual allowance not exceeding three lacs of rupees, which we consider not only as a munificent reward for any services he shall render the Company, but sufficient to enable him to support his station with suitable rank and dignity. And here we must add, that, in the choice you shall make of a person to be the active minister of the Nabob's government, we hope and trust that you will show yourselves worthy of the confidence we have placed in you by being actuated therein by no other motives than those of the public good and the safety and interest of the Company."

My Lords, here they have given a reward, and they have described a person fit to succeed in all capacities the man whom they had thought fit to depose. Now, as we have seen how Mr. Hastings obeyed the Company's orders in the manner of removing Mahomed Reza Khân from his office, let us see how he obeyed their order for filling it up. Your Lordships will naturally suppose that he made all the orders of Mahometan and Hindoo princes to pass in strict review before him; that he had considered their age, authority, dignity, the goodness of their manners; and upon the collation of all these circumstances had chosen a person fit to be a regent to guard the Nabob's minority from all rapacity whatever, and fit to instruct him in everything. I will give your Lordships Mr. Hastings's own idea of the person necessary to fill such offices.

"That his rank ought to be such as at least ought not to wound the Nabob's honor, or lessen his credit in the estimation of the people, by the magisterial command which the new guardian must exercise over him,—with abilities and vigor of mind equal to the support of that authority; and the world will expect that the guardian be especially qualified by his own acquired endowments to discharge the duties of that relation in the education of his young pupil, to inspire him with sentiments suitable to his birth, and to instruct him in the principles of his religion."

This, upon another occasion, is Mr. Hastings's sense of the man who ought to be placed in that situation of trust in which the Company ordered him to place him. Did Mr. Hastings obey that order? No, my Lords, he appointed no man to fill that office. What, no man at all? No, he appointed no person at all in the sense which is mentioned there, which constantly describes a person at least of the male sex: he appointed a woman to fill that office; he appointed a woman, in a country where no woman can be seen, where no woman can be spoken to by any one without a curtain between them; for all these various duties, requiring all these qualifications described by himself, he appointed a woman. Do you want more proof than this violent transgression of the Company's orders upon that occasion that some corrupt motive must have influenced him?

My Lords, it is necessary for me to state the situation of the family, that you may judge from thence of the corrupt motives of Mr. Hastings's proceedings. The Nabob Jaffier Ali Khân had among the women of his seraglio a person called Munny Begum. She was a dancing-girl, whom he had seen at some entertainment; and as he was of a licentious turn, this dancing-girl, in the course of her profession as a prostitute, so far inveigled the Nabob, that, having a child or pretending to have had a child by him, he brought her into the seraglio; and the Company's servants sold to that son the succession of that father. This woman had been sold as a slave,—her profession a dancer, her occupation a prostitute. And, my Lords, this woman having put her natural son, as we state, and shall prove, in the place of the legitimate offspring of the Nabob, having got him placed by the Company's servants on the musnud, she came to be at the head of that part of the household which relates to the women: which is a large and considerable trust in a country where polygamy is admitted, and where women of great rank may possibly be attended by two thousand of the same sex in inferior situations. As soon as the legitimate son of the Nabob came to the musnud, there was no ground for keeping this woman any longer in that situation; and upon an application of the Company to Mahomed Reza Khân to know who ought to have the right of superiority, he answered, as he ought to have done, that, though all the women of the seraglio ought to have honor, yet the mother of the Nabob ought to have the superiority of it. Therefore this woman was removed, and the mother of the Nabob was placed in her situation. In that situation Mr. Hastings found the seraglio. If his duties had gone no further than the regulation of an Eastern household, he ought to have kept the Nabob's mother there by the rules of that country.

What did he do? Not satisfied with giving to this prostitute every favor that she could desire, (and money must be the natural object of such a person,) Mr. Hastings deposes the Nabob's own mother, turns her out of the employment, and puts at the head of the seraglio this prostitute, who at the best, in relation to him, could only be a step-mother. If you heard no more, do your Lordships want anything further to convince you that this must be a violent, atrocious, and corrupt act,—suppose it had gone no further than the seraglio? But when I call this woman a dancing-girl, I state something lower than Europeans have an idea of respecting that situation. She was born a slave, bred a dancing-girl. Her dancing was not any of those noble and majestic movements which make part of the entertainment of the most wise, of the education of the most virtuous, which improve the manners without corrupting the morals of all civilized people, and of which, among uncivilized people, the professors have their due share of admiration; but these dances were not decent to be seen nor fit to be related. I shall pass them by. Your Lordships are to suppose the lowest degree of infamy in occupation and situation, when I tell you that Munny Begum was a slave and a dancing-girl.

The history of the Munny Begum is this. "At a village called Balkonda, near Sekundra, there lived a widow, who, from her great poverty, not being able to bring up her daughter Munny, gave her to a slave-girl belonging to Summin Ali Khân, whose name was Bissoo. During the space of five years she lived at Shahjehanabad, and was educated by Bissoo after the manner of a dancing-girl. Afterwards the Nabob Shamut Jung, upon the marriage of Ikram ul Dowlah, brother to the Nabob Surajah ul Dowlah, sent for Bissoo Beg's set of dancing-girls from Shahjehanabad, of which Munny Begum was one, and allowed them ten thousand rupees for their expenses, to dance at the wedding. While the ceremony was celebrating, they were kept by the Nabob; but some months afterwards he dismissed them, and they took up their residence in this city. Mir Mahomed Jaffier Khân then took them into keeping, and allowed Munny and her set five hundred rupees per month, till at length, finding that Munny was pregnant, he took her into his own house. She gave birth to the Nabob Nujim ul Dowlah, and in this manner has she remained in the Nabob's family ever since."

Now it required a very peculiar mode of selection to take such a woman, so circumstanced, (resembling whom there was not just such another,) to depose the Nabob's own mother from the superiority of the household, and to substitute this woman. It would have been an abominable abuse, and would have implied corruption in the grossest degree, if Mr. Hastings had stopped there. He not only did this, but he put her, this woman, in the very place of Mahomed Reza Khân: he made her guardian, he made her regent, he made her viceroy, he made her the representative of the native government of the country in the eyes of strangers. There was not a trust, not a dignity in the country, which he did not put, during the minority of this unhappy person, her step-son, into the hands of this woman.

Reject, if you please, the strong presumption of corruption in disobeying the order of the Company directing him to select a man fit to supply the place of Mahomed Reza Khân, to exercise all the great and arduous functions of government and of justice, as well as the regulation of the Nabob's household; and then I will venture to say, that neither your Lordships, nor any man living, when he hears of this appointment, does or can hesitate a moment in concluding that it is the result of corruption, and that you only want to be informed what the corruption was. Here is such an arrangement as I believe never was before heard of: a secluded woman in the place of a man of the world; a fantastic dancing-girl in the place of a grave magistrate; a slave in the place of a woman of quality; a common prostitute made to superintend the education of a young prince; and a step-mother, a name of horror in all countries, made to supersede the natural mother from whose body the Nabob had sprung.

These are circumstances that leave no doubt of the grossest and most flagrant corruption. But was there no application made to Mr. Hastings upon that occasion? The Nabob's uncle, whom Mr. Hastings declares to be a man of no dangerous ambition, no alarming parts, no one quality that could possibly exclude him from that situation, makes an application to Mr. Hastings for that place, and was by Mr. Hastings rejected. The reason he gives for his rejection is, because he cannot put any man in it without danger to the Company, who had ordered him to put a man into it. One would imagine the trust to be placed in him was such as enabled him to overturn the Company in a moment. Now the situation in which the Nabob's uncle, Yeteram ul Dowlah, would have been placed was this: he would have had no troops, he would have had no treasury, he would have had no collections of revenue, nothing, in short, that could have made him dangerous, but he would have been an absolute pensioner and dependant upon the Company, though in high office; and the least attempt to disturb the Company, instead of increasing, would have been subversive of his own power. If Mr. Hastings should still insist that there might be danger from the appointment of a man, we shall prove that he was of opinion that there could be no danger from any one,—that the Nabob himself was a mere shadow, a cipher, and was kept there only to soften the English government in the eyes and opinion of the natives.

My Lords, I will detail these circumstances no further, but will bring some collateral proofs to show that Mr. Hastings was at that very time conscious of the wicked and corrupt act he was doing. For, besides this foolish principle of policy, which he gives as a reason for defying the orders of the Company, and for insulting the country, that had never before seen a woman in that situation, and his declaration to the Company, that their government cannot be supported by private justice, (a favorite maxim, which he holds upon all occasions,) besides these reasons which he gave for his politic injustice, he gives the following. The Company had ordered that 30,000l. should be given to the person appointed. He knew that the Company could never dream of giving this woman 30,000l. a year, and he makes use of that circumstance to justify him in putting her in that place: for he says, the Company, in the distressed state of its affairs, could never mean to give 30,000l. a year for the office which they order to be filled; and accordingly, upon principles of economy, as well as upon principles of prudence, he sees there could be no occasion for giving this salary, and that it will be saved to the Company. But no sooner had he given her the appointment than that appointment became a ground for giving her that money. The moment he had appointed her, he overturns the very principle upon which he had appointed her, and gives the 30,000l. to her, and the officers under her, saving not one shilling to the Company by this infamous measure, which he justified only upon the principle of economy. The 30,000l. was given, the principle of economy vanished, a shocking arrangement was made, and Bengal saw a dancing-girl administering its justice, presiding over all its remaining power, wealth, and influence, exhibiting to the natives of the country their miserable state of degradation, and the miserable dishonor of the English Company in Mr. Hastings's abandonment of all his own pretences.

But there is a still stronger presumption. The Company ordered that this person, who was to have the management of the Nabob's revenue, and who was to be his guardian, should keep a strict account, which account should be annually transmitted to the Presidency, and by the Presidency to Europe; and the purpose of it was, to keep a control upon the reduced expenses of the sixteen lac which were ordered in the manner I mentioned. Your Lordships will naturally imagine that that control was kept safe. No, here is the order of the Directors, and you will see how Mr. Hastings obeyed it.

"As the disbursement of the sums allotted to the Nabob for the maintenance of his household and family and the support of his dignity will pass through the hands of the minister who shall be selected by you, conformable to our preceding orders, we expect that you will require such minister to deliver annually to your board a regular and exact account of the application of the several sums paid by the Company to the Nabob. This you will strictly examine; and we trust that you will not suffer any part of the Nabob's stipend to be appropriated to the minister's own use, or wasted among the unnecessary dependants of the court, but that the whole amount be applied to the purposes for which it was assigned by us."

One would have imagined, that, after Mr. Hastings had made so suspicious an arrangement, (I will not call it by any worse name,) he would have removed all suspicion with regard to money,—that he would have obeyed the Company by constituting the control which they had ordered to be placed over a man, even a fit man, and a man worthy of the trust committed to him. But what is his answer, when three years after he is desired to produce this account? His answer is,—"I can save the board the trouble of this reference by acquainting them that no such accounts have ever been transmitted, nor, as I can affirm with most certain knowledge, any orders given for that purpose, either to Gourdas, to whose office it did not properly belong, nor to the Begum, who had the actual charge and responsibility of those disbursements."

He has given to this woman the charge of all the disbursements of the Company; the officer whom you would imagine would be responsible was not responsible, but to this prostitute and dancing-girl the whole of the revenue was given; when he was ordered to transmit that account, he not only did not produce that account, but had given no order that it should be kept: so that no doubt can be left upon your Lordships' minds, that the sixteen lac, which were reserved for the support of the dignity of the government of that country, were employed for the purpose of Mr. Hastings's having a constant bank, from which he should draw every corrupt emolument he should think fit for himself and his associates. Thus your Lordships see that he appointed an improper person to the trust without any control, and that the very accounts which were to be the guardians of his purity, and which were to remove suspicion from him, he never so much as directed or ordered. If any one can doubt that that transaction was in itself corrupt, I can only say that his mind must be constituted in a manner totally different from that which prevails in any of the higher or lower branches of judicature in any country in the world. The suppression of an account is a proof of corruption.

When Mr. Hastings committed these acts of violence against Mahomed Reza Khân, when he proceeded to make arrangements in the Company's affairs of the same kind with those in which corruption had been before exercised, he was bound by a particular responsibility that there should be nothing mysterious in his own conduct, and that at least all the accounts should be well kept. He appointed a person nominally for that situation,—namely, the Rajah Gourdas. Who was he? A person acting, he says, under the influence of Rajah Nundcomar, whom he had declared was not fit to be employed or trusted: all the offices were filled by him. But had Rajah Gourdas, whose character is that of an excellent man, against whom there could lie no reasonable objection on account of his personal character, and whose want of talents was to be supplied by those of Nundcomar, (and of his parts Mr. Hastings spoke as highly as possible,)—had he, I say, the management? No: but Munny Begum. Did she keep any accounts? No.

Mr. Hastings was ordered, and a very disagreeable and harsh order it was, to take away one half of the Nabob's allowance which he had by treaty. I do not charge Mr. Hastings with this reduction: he had nothing to do with that. Sixteen lac were cut off, and sixteen left; these two sums had been distributed, one for the support of the seraglio and the dignity of the state, the other for the court establishment and the household. The sixteen lac which was left, therefore, required to be well economized, and well administered. There was a rigor in the Company's order relative to it, which was, that it should take place from an antedated time, that is, a whole year prior to the communication of their order to the Nabob. The order was, that the Nabob's stipend should be reduced to sixteen lac a year from the month of January. Mr. Hastings makes this reflection upon it, in order to leave no doubt upon your mind of his integrity in administering that great trust: he says,—

"Your order for the reduction of the Nabob's stipend was communicated to him in the month of December, 1771. He remonstrated against it, and desired it might be again referred to the Company. The board entirely acquiesced in his remonstrance, and the subsequent payments of his stipend were paid as before. I might easily have availed myself of this plea. I might have treated it as an act of the past government, with which I had no cause to interfere, and joined in asserting the impossibility of his defraying the vast expense of his court and household without it, which I could have proved by plausible arguments, drawn from the actual amount of the nizamut and bhela establishments; and both the Nabob and Begum would have liberally purchased my forbearance. Instead of pursuing this plan, I carried your orders rigidly and literally into execution. I undertook myself the laborious and reproachful task of limiting his charges, from an excess of his former stipend, to the sum of his reduced allowance."

He says in another place,—"The stoppage of the king's tribute was an act of mine, and I have been often reproached with it. It was certainly in my power to have continued the payment of it, and to have made my terms with the king for any part of it which I might have chosen to reserve for my own use. He would have thanked me for the remainder."

My Lords, I believe it is a singular thing, and what your Lordships have been very little used to, to see a man in the situation of Mr. Hastings, or in any situation like it, so ready in knowing all the resources by which sinister emolument may be made and concealed, and which, under pretences of public good, may be transferred into the pocket of him who uses those pretences. He is resolved, if he is innocent, that his innocence shall not proceed from ignorance. He well knows the ways of falsifying the Company's accounts; he well knows the necessities of the natives, and he knows that by paying a part of their dues they will be ready to give an acquittance of the whole. These are parts of Mr. Hastings's knowledge of which your Lordships will see he also well knows how to avail himself.

But you would expect, when he reduced the allowance to sixteen lac, and took credit to himself as if he had done the thing which he professed, and had argued from his rigor and cruelty his strict and literal obedience to the Company, that he had in reality done it. The very reverse: for it will be in proof, that, after he had pretended to reduce the Company's allowance, he continued it a twelvemonth from the day in which he said he had entirely executed it, to the amount of 90,000l., and entered a false account of the suppression in the Company's accounts; and when he has taken a credit as under pretence of reducing that allowance, he paid 90,000l. more than he ought. Can you, then, have a doubt, after all these false pretences, after all this fraud, fabrication, and suppression which he made use of, that that 90,000l., of which he kept no account and transmitted no account, was money given to himself for his own private use and advantage?

This is all that I think necessary to state to your Lordships upon this monstrous part of the arrangement; and therefore, from his rigorous obedience in cases of cruelty, and, where control was directed, from his total disobedience, and from his choice of persons, from his suppression of the accounts that ought to have been produced, and falsifying the accounts that were kept, there arises a strong inference of corruption. When your Lordships see all this in proof, your Lordships will justify me in saying that there never was (taking every part of the arrangement) such a direct, open violation of any trust.—I shall say no more with regard to the appointment of Munny Begum.

My Lords, here ended the first scene, and here ends that body of presumption arising from the transaction and inherent in it. My Lords, the next scene that I am to bring before you is the positive proof of corruption in this transaction, in which I am sure you already see that corruption must exist. The charge was brought by a person in the highest trust and confidence with Mr. Hastings, a person employed in the management of the whole transaction, a person to whom the management, subordinate to Munny Begum, of all the pecuniary transactions, and all the arrangements made upon that occasion, was intrusted.

On the 11th day of March, 1775, Nundcomar gives to Mr. Francis, a member of the Council, a charge against Mr. Hastings, consisting of two parts. The first of these charges was a vast number of corrupt dealings, with respect to which he was the informer, not the witness, but to which he indicated the modes of inquiry; and they are corrupt dealings, as Mr. Hastings himself states them, amounting to millions of rupees, and in transactions every one of which implies in it the strongest degree of corruption. The next part was of those to which he was not only an informer, but a witness, in having been the person who himself transmitted the money to Mr. Hastings and the agents of Mr. Hastings; and accordingly, upon this part, which is the only part we charge, his evidence is clear and full, that he gave the money to Mr. Hastings,—he and the Begum (for I put them together). He states, that Mr. Hastings received for the appointment of Munny Begum to the rajahship two lacs of rupees, or about 22,000l., and that he received in another gross sum one lac and a half of rupees: in all making three lac and a half, or about 36,000l. This charge was signed by the man, and accompanied with the account.

Mr. Hastings, on that day, made no reflection or observation whatever upon this charge, except that he attempted to excite some suspicion that Mr. Francis, who had produced it, was concerned in the charge, and was the principal mover in it. He asks Mr. Francis that day this question:—

"The Governor-General observes, as Mr. Francis has been pleased to inform the board that he was unacquainted with the contents of the letter sent in to the board by Nundcomar, that he thinks himself justified in carrying his curiosity further than he should have permitted himself without such a previous intimation, and therefore begs leave to ask Mr. Francis whether he was before this acquainted with Nundcomar's intention of bringing such charges against him before the board.

"Mr. Francis.—As a member of this Council, I do not deem myself obliged to answer any question of mere curiosity. I am willing, however, to inform the Governor-General, that, though I was totally unacquainted with the contents of the paper I have now delivered in to the board till I heard it read, I did apprehend in general that it contained some charge against him. It was this apprehension that made me so particularly cautious in the manner of receiving the Rajah's letter. I was not acquainted with Rajah Nundcomar's intention of bringing in such charges as are mentioned in the letter.

"WARREN HASTINGS.
J. CLAVERING.
GEO. MONSON.
P. FRANCIS."

Now what the duty of Mr. Hastings and the Council was, upon receiving such information, I shall beg leave to state to your Lordships from the Company's orders; but, before I read them, I must observe, that, in pursuance of an act of Parliament, which was supposed to be made upon account of the neglect of the Company, as well as the neglects of their servants, and for which general neglects responsibility was fixed upon the Company for the future, while for the present their authority was suspended, and a Parliamentary commission sent out to regulate their affairs, the Company did, upon that occasion, send out a general code and body of instructions to be observed by their servants, in the 35th paragraph of which it is said,—

"We direct that you immediately cause the strictest inquiry to be made into all oppressions which may have been committed either against the natives or Europeans, and into all abuses that may have prevailed in the collection of the revenues, or any part of the civil government of the Presidency: and that you communicate to us all information which you may be able to learn relative thereto, or to any dissipation or embezzlement of the Company's money."

Your Lordships see here that there is a direct duty fixed upon them to forward, to promote, to set on foot, without exception of any persons whatever, an inquiry into all manner of corruption, peculation, and oppression. Therefore this charge of Nundcomar's was a case exactly within the Company's orders; such a charge was not sought out, but was actually laid before them; but if it had not been actually laid before them, if they had any reason to suspect that such corruptions existed, they were bound by this order to make an active inquiry into them.

Upon that day (11th March, 1775) nothing further passed; and, on the part of Mr. Hastings, that charge, as far as we can find, might have stood upon the records forever, without his making the smallest observation upon it, or taking any one step to clear his own character. But Nundcomar was not so inattentive to his duties as an accuser as Mr. Hastings was to his duties as an inquirer; for, without a moment's delay, upon the first board-day, two days after, Nundcomar came and delivered the following letter.

"I had the honor to lay before you, in a letter of the 11th instant, an abstracted, but true account of the Honorable Governor in the course of his administration. What is there written I mean not the least to alter: far from it. I have the strongest written vouchers to produce in support of what I have advanced; and I wish and entreat, for my honor's sake, that you will suffer me to appear before you, to establish the fact by an additional, incontestable evidence."

My Lords, I will venture to say, if ever there was an accuser that appeared well and with weight before any court, it was this man. He does not shrink from his charge; he offered to meet the person he charged face to face, and to make good his charge by his own evidence, and further evidence that he should produce. Your Lordships have also seen the conduct of Mr. Hastings on the first day; you have seen his acquiescence under it; you have seen the suspicion he endeavored to raise. Now, before I proceed to what Mr. Hastings thought of it, I must remark upon this accusation, that it is a specific accusation, coming from a person knowing the very transaction, and known to be concerned in it,—that it was an accusation in writing, that it was an accusation with a signature, that it was an accusation with a person to make it good, that it was made before a competent authority, and made before an authority bound to inquire into such accusation. When he comes to produce his evidence, he tells you, first, the sums of money given, the species in which they were given, the very bags in which they were put, the exchange that was made by reducing them to the standard money of the country; he names all the persons through whose hands the whole transaction went, eight in number, besides himself, Munny Begum, and Gourdas, being eleven, all referred to in this transaction. I do believe that since the beginning of the world there never was an accusation which was more deserving of inquiry, because there never was an accusation which put a false accuser in a worse situation, and that put an honest defendant in a better; for there was every means of collation, every means of comparison, every means of cross-examining, every means of control. There was every way of sifting evidence, in which evidence could be sifted. Eleven witnesses to the transaction are referred to; all the particulars of the payment, every circumstance that could give the person accused the advantage of showing the falsehood of the accusation, were specified. General accusations may be treated as calumnies; but particular accusations, like these, afford the defendant, if innocent, every possible means for making his defence: therefore the very making no defence at all would prove, beyond all doubt, a consciousness of guilt.

The next thing for your Lordships' consideration is the conduct of Mr. Hastings upon this occasion. You would imagine that he would have treated the accusation with a cold and manly disdain; that he would have challenged and defied inquiry, and desired to see his accuser face to face. This is what any man would do in such a situation. I can conceive very well that a man composed, firm, and collected in himself, conscious of not only integrity, but known integrity, conscious of a whole life beyond the reach of suspicion,—that a man placed in such a situation might oppose general character to general accusation, and stand collected in himself, poised on his own base, and defying all the calumnies in the world. But as it shows a great and is a proof of a virtuous mind to despise calumny, it is the proof of a guilty mind to despise a specific accusation, when made before a competent authority, and with competent means to prove it. As Mr. Hastings's conduct was what no man living expected, I will venture to say that no expression can do it justice but his own. Upon reading the letter, and a motion being made that Rajah Nundcomar be brought before the board to prove the charge against the Governor-General, the Governor-General enters the following minute.

"Before the question is put, I declare that I will not suffer Nundcomar to appear before the board as my accuser. I know what belongs to the dignity and character of the first member of this administration. I will not sit at this board in the character of a criminal, nor do I acknowledge the members of this board to be my judges. I am reduced on this occasion to make the declaration, that I look upon General Clavering, Colonel Monson, and Mr. Francis as my accusers. I cannot prove this in the direct letter of the law, but in my conscience I regard them as such, and I will give my reasons for it. On their arrival at this place, and on the first formation of the Council, they thought proper to take immediate and decisive measures in contradiction and for the repeal of those which were formed by me in conjunction with the last administration. I appealed to the Court of Directors from their acts. Many subsequent letters have been transmitted both by them and by me to the Court of Directors: by me, in protestation against their conduct; by them, in justification of it. Quitting this ground, they since appear to me to have chosen other modes of attack, apparently calculated to divert my attention and to withdraw that of the public from the subject of our first differences, which regarded only the measures that were necessary for the good of the service, to attacks directly and personally levelled at me for matters which tend to draw a personal and popular odium upon me: and fit instruments they have found for their purpose,—Mr. Joseph Fowke, Mahrajah Nundcomar, Roopnarain Chowdry, and the Ranny of Burdwan.

"It appears incontestably upon the records that the charges preferred by the Ranny against me proceeded from the office of Mr. Fowke. All the papers transmitted by her came in their original form written in the English language,—some with Persian papers, of which they were supposed to be translations, but all strongly marked with the character and idiom of the English language. I applied on Saturday last for Persian originals of some of the papers sent by her, and I was refused: I am justified in declaring my firm belief that no such originals exist.

"With respect to Nundcomar's accusations, they were delivered by the hands of Mr. Francis, who has declared that he was called upon by Rajah Nundcomar, as a duty belonging to his office as a councillor of this state, to lay the packet which contained them before the board,—that he conceived that he could not, consistent with his duty, refuse such a letter at the instance of a person of the Rajah's rank, and did accordingly receive it, and laid it before the board,—declaring at the same time that he was unacquainted with the contents of it. I believe that the Court of Directors, and those to whom those proceedings shall be made known, will think differently of this action of Mr. Francis: that Nundcomar was guilty of great insolence and disrespect in the demand which he made of Mr. Francis; and that it was not a duty belonging to the office of a councillor of this state to make himself the carrier of a letter, which would have been much more properly committed to the hands of a peon or hircarra, or delivered by the writer of it to the secretary himself.

"Mr. Francis has acknowledged that he apprehended in general that it contained some charge against me. If the charge was false, it was a libel. It might have been false for anything that Mr. Francis could know to the contrary, since he was unacquainted with the contents of it. In this instance, therefore, he incurred the hazard of presenting a libel to the board: this was not a duty belonging to his office as a councillor of this state. I must further inform the board that I have been long since acquainted with Nundcomar's intentions of making this attack upon me. Happily, Nundcomar, among whose talents for intrigue that of secrecy is not the first, has been ever too ready to make the first publication of his own intentions. I was shown a paper containing many accusations against me, which I was told was carried by Nundcomar to Colonel Monson, and that he himself was employed for some hours in private with Colonel Monson, explaining the nature of those charges.

"I mention only what I was told; but as the rest of the report which was made to me corresponds exactly with what has happened since, I hope I shall stand acquitted to my superiors and to the world in having given so much credit to it as to bring the circumstance upon record. I cannot recollect the precise time in which this is said to have happened, but I believe it was either before or at the time of the dispatch of the 'Bute' and 'Pacific.' The charge has since undergone some alteration; but of the copy of the paper which was delivered to me, containing the original charge, I caused a translation to be made; when, suspecting the renewal of the subject in this day's consultation, I brought it with me, and I desire it may be recorded, that, when our superiors, or the world, if the world is to be made the judge of my conduct, shall be possessed of these materials, they may, by comparing the supposed original and amended list of accusations preferred against me by Nundcomar, judge how far I am justified in the credit which I give to the reports above mentioned. I do not mean to infer from what I have said that it makes any alteration in the nature of the charges, whether they were delivered immediately from my ostensible accusers, or whether they came to the board through the channel of patronage; but it is sufficient to authorize the conviction which I feel in my own mind, that those gentlemen are parties in the accusations of which they assert the right of being the judges.

"From the first commencement of this administration, every means have been tried both to deprive me of the legal authority with which I have been trusted, and to proclaim the annihilation of it to the world; but no instance has yet appeared of this in so extraordinary a degree as in the question now before the board. The chief of the administration, your superior, Gentlemen, appointed by the legislature itself, shall I sit at this board to be arraigned in the presence of a wretch whom you all know to be one of the basest of mankind? I believe I need not mention his name; but it is Nundcomar. Shall I sit here to hear men collected from the dregs of the people give evidence, at his dictating, against my character and conduct? I will not. You may, if you please, form yourselves into a committee for the investigation of these matters in any manner which you may think proper; but I will repeat, that I will not meet Nundcomar at the board, nor suffer Nundcomar to be examined at the board; nor have you a right to it, nor can it answer any other purpose than that of vilifying and insulting me to insist upon it.

"I am sorry to have found it necessary to deliver my sentiments on a subject of so important a nature in an unpremeditated minute, drawn from me at the board, which I should have wished to have had leisure and retirement to have enabled me to express myself with that degree of caution and exactness which the subject requires. I have said nothing but what I believe and am morally certain I shall stand justified for in the eyes of my superiors and the eyes of the world; but I reserve to myself the liberty of adding my further sentiments in such a manner and form as I shall hereafter judge necessary."

My Lords, you see here the picture of Nundcomar drawn by Mr. Hastings himself; you see the hurry, the passion, the precipitation, the confusion, into which Mr. Hastings is thrown by the perplexity of detected guilt; you see, my Lords, that, instead of defending himself, he rails at his accuser in the most indecent language, calling him a wretch whom they all knew to be the basest of mankind,—that he rails at the Council, by attributing their conduct to the worst of motives,—that he rails at everybody, and declares the accusation to be a libel: in short, you see plainly that the man's head is turned. You see there is not a word he says upon this occasion which has common sense in it; you see one great leading principle in it,—that he does not once attempt to deny the charge. He attempts to vilify the witness, he attempts to vilify those he supposes to be his accusers, he attempts to vilify the Council; he lags upon the accusation, he mixes it with other accusations, which had nothing to do with it, and out of the whole he collects a resolution—to do what? To meet his adversary and defy him? No,—that he will not suffer him to appear before him: he says, "I will not sit at this board in the character of a criminal, nor do I acknowledge the board to be my judges."

He was not called upon to acknowledge them to be his judges. Both he and they were called upon to inquire into all corruptions without exception. It was his duty not merely [not?] to traverse and oppose them while inquiring into acts of corruption, but he was bound to take an active part in it,—that if they had a mind to let such a thing sleep upon their records, it was his duty to have brought forward the inquiry. They were not his judges, they were not his accusers; they were his fellow-laborers in the inquiry ordered by the Court of Directors, their masters, and by which inquiry he might be purged of that corruption with which he stood charged.

He says, "Nundcomar is a wretch whom you all know to be the basest of mankind." I believe they did not know the man to be a wretch, or the basest of mankind; but if he was a wretch, and if he was the basest of mankind, if he was guilty of all the crimes with which we charge Mr. Hastings, (not one of which was ever proved against him,)—if any of your Lordships were to have the misfortune to be before this tribunal, before any inquest of the House of Commons, or any other inquest of this nation, would you not say that it was the greatest possible advantage to you that the man who accused you was a miscreant, the vilest and basest of mankind, by the confession of all the world? Do mankind really, then, think that to be accused by men of honor, of weight, of character, upon probable charges, is an advantage to them, and that to be accused by the basest of mankind is a disadvantage? No: give me, if ever I am to have accusers, miscreants, as he calls him,—wretches, the basest and vilest of mankind. "The board," says he, "are my accusers." If they were, it was their duty; but they were not his accusers, but were inquiring into matters which it was equally his duty to inquire into. He would not suffer Nundcomar to be produced; he would not suffer Nundcomar to be examined; he rather suffered such an accusation to stand against his name and character than permit it to be inquired into. Do I want any other presumption of his guilt, upon such an occasion, than such conduct as this?

This man, whom he calls a wretch, the basest and vilest of mankind, was undoubtedly, by himself, in the records of the Company, declared to be one of the first men of that country, everything that a subject could be, a person illustrious for his birth, sacred with regard to his caste, opulent in fortune, eminent in situation, who had filled the very first offices in that country; and that he was, added to all this, a man of most acknowledged talents, and of such a superiority as made the whole people of Bengal appear to be an inferior race of beings compared to him,—a man whose outward appearance and demeanor used to cause reverence and awe, and who at that time was near seventy years of age, which, without any other title, generally demands respect from mankind. And yet this man he calls the basest of mankind, a name which no man is entitled to call another till he has proved something to justify him in so doing; and notwithstanding his opulence, his high rank, station, and birth, he despises him, and will not suffer him to be heard as an accuser before him. I will venture to say that Mr. Hastings, in so doing, whether elevated by philosophy or inflated by pride, is not like the rest of mankind. We do know, that, in all accusations, a great part of their weight and authority comes from the character, the situation, the name, the description, the office, the dignity of the persons who bring them; mankind are so made, we cannot resist this prejudice; and it has weight, and ever will have primâ facie weight, in all the tribunals in the world. If, therefore, Rajah Nundcomar was a man who (it is not degrading to your Lordships to say) was equal in rank, according to the idea of his country, to any peer in this House, as sacred as a bishop, of as much gravity and authority as a judge, and who was prime-minister in the country in which he lived, with what face can Mr. Hastings call this man a wretch, and say that he will not suffer him to be brought before him? If, indeed, joined with such circumstances, the accuser be a person of bad morals, then, I admit, those bad morals take away from their weight; but for a proof of that you must have some other grounds than the charges and the railing of the culprit against him.

I might say that his passion is a proof of his guilt; and there is an action which is more odious than the crimes he attempts to cover,—for he has murdered this man by the hands of Sir Elijah Impey; and if his counsel should be unwise enough to endeavor to detract from the credit of this man by the pretended punishment to which he was brought, we will open that dreadful scene to your Lordships, and you will see that it does not detract from his credit, but brings an eternal stain and dishonor upon the justice of Great Britain: I say nothing further of it. As he stood there, as he gave that evidence that day, the evidence was to be received; it stands good, and is a record against Mr. Hastings,—with this addition, that he would not suffer it to be examined. He railed at his colleagues. He says, if the charge was false, they were guilty of a libel. No: it might have been the effect of conspiracy, it might be punished in another way; but if it was false, it was no libel. And all this is done to discountenance inquiry, to bring odium upon his colleagues for doing their duty, and to prevent that inquiry which could alone clear his character.

Mr. Hastings had himself forgotten the character which he had given of Nundcomar; but he says that his colleagues were perfectly well acquainted with him, and knew that he was a wretch, the basest of mankind. But before I read to you the character which Mr. Hastings gave of him, when he recommended him to the Presidency, (to succeed Mahomed Reza Khân,) I am to let your Lordships understand fully the purpose for which Mr. Hastings gave it. Upon that occasion, all the Council, whom he stated to lie under suspicion of being bought by Mahomed Reza Khân, all those persons with one voice cried out against Nundcomar; and as Mr. Hastings was known to be of the faction the most opposite to Nundcomar, they charged him with direct inconsistency in raising Nundcomar to that exalted trust,—a charge which Mr. Hastings could not repel any other way than by defending Nundcomar. The weight of their objections chiefly lay to Nundcomar's political character; his moral character was not discussed in that proceeding. Mr. Hastings says,—

"The President does not take upon him to vindicate the moral character of Nundcomar; his sentiments of this man's former political conduct are not unknown to the Court of Directors, who, he is persuaded, will be more inclined to attribute his present countenance of him to motives of zeal and fidelity to the service, in repugnance perhaps to his own inclinations, than to any predilection in his favor. He is very well acquainted with most of the facts alluded to in the minute of the majority, having been a principal instrument in detecting them: nevertheless he thinks it but justice to make a distinction between the violation of a trust and an offence committed against our government by a man who owed it no allegiance, nor was indebted to it for protection, but, on the contrary, was the minister and actual servant of a master whose interest naturally suggested that kind of policy which sought, by foreign aids, and the diminution of the power of the Company, to raise his own consequence, and to reëstablish his authority. He has never been charged with any instance of infidelity to the Nabob Mir Jaffier, the constant tenor of whose politics, from his first accession to the nizamut till his death, corresponded in all points so exactly with the artifices which were detected in his minister that they may be as fairly ascribed to the one as to the other: their immediate object was beyond question the aggrandizement of the former, though the latter had ultimately an equal interest in their success. The opinion which the Nabob himself entertained of the services and of the fidelity of Nundcomar evidently appeared in the distinguished marks which he continued to show him of his favor and confidence to the latest hour of his life.

"His conduct in the succeeding administration appears not only to have been dictated by the same principles, but, if we may be allowed to speak favorably of any measures which opposed the views of our own government and aimed at the support of an adverse interest, surely it was not only not culpable, but even praiseworthy. He endeavored, as appears by the abstracts before us, to give consequence to his master, and to pave the way to his independence, by obtaining a firman from the king for his appointment to the subahship; and he opposed the promotion of Mahomed Reza Khân, because he looked upon it as a supersession of the rights and authority of the Nabob. He is now an absolute dependant and subject of the Company, on whose favor he must rest all his hopes of future advancement."

The character here given of him is that of an excellent patriot, a character which all your Lordships, in the several situations which you enjoy or to which you may be called, will envy,—the character of a servant who stuck to his master against all foreign encroachments, who stuck to him to the last hour of his life, and had the dying testimony of his master to his services.

Could Sir John Clavering, could Colonel Monson, could Mr. Francis know that this man, of whom Mr. Hastings had given that exalted character upon the records of the Company, was the basest and vilest of mankind? No, they ought to have esteemed him the contrary: they knew him to be a man of rank, they knew him to be a man perhaps of the first capacity in the world, and they knew that Mr. Hastings had given this honorable testimony of him on the records of the Company but a very little time before; and there was no reason why they should think or know, as he expresses it, that he was the basest and vilest of mankind. From the account, therefore, of Mr. Hastings himself, he was a person competent to accuse, a witness fit to be heard; and that is all I contend for. Mr. Hastings would not hear him, he would not suffer the charge he had produced to be examined into.

It has been shown to your Lordships that Mr. Hastings employed Nundcomar to inquire into the conduct and to be the principal manager of a prosecution against Mahomed Reza Khân. Will you suffer this man to qualify and disqualify witnesses and prosecutors agreeably to the purposes which his own vengeance and corruption may dictate in one case, and which the defence of those corruptions may dictate in another? Was Nundcomar a person fit to be employed in the greatest and most sacred trusts in the country, and yet not fit to be a witness to the sums of money which he paid Mr. Hastings for those trusts? Was Nundcomar a fit witness to be employed and a fit person to be used in the prosecution of Mahomed Reza Khân, and yet not fit to be employed against Mr. Hastings, who himself had employed him in the very prosecution of Mahomed Reza Khân?

If Nundcomar was an enemy to Mr. Hastings, he was an enemy to Mahomed Reza Khân; and Mr. Hastings employed him, avowedly and professedly on the records of the Company, on account of the very qualification of that enmity. Was he a wretch, the basest of mankind, when opposed to Mr. Hastings? Was he not as much a wretch, and as much the basest of mankind, when Mr. Hastings employed him in the prosecution of the first magistrate and Mahometan of the first descent in Asia? Mr. Hastings shall not qualify and disqualify men at his pleasure; he must accept them such as they are; and it is a presumption of his guilt accompanying the charge, (which I never will separate from it,) that he would not suffer the man to be produced who made the accusation. And I therefore contend, that, as the accusation was so made, so witnessed, so detailed, so specific, so entered upon record, and so entered upon record in consequence of the inquiries ordered by the Company, his refusal and rejection of inquiry into it is a presumption of his guilt.

He is full of his idea of dignity. It is right for every man to preserve his dignity. There is a dignity of station, which a man has in trust to preserve; there is a dignity of personal character, which every man by being made man is bound to preserve. But you see Mr. Hastings's idea of dignity has no connection with integrity; it has no connection with honest fame; it has no connection with the reputation which he is bound to preserve. What, my Lords, did he owe nothing to the Company that had appointed him? Did he owe nothing to the legislature,—did he owe nothing to your Lordships, and to the House of Commons, who had appointed him? Did he owe nothing to himself? to the country that bore him? Did he owe nothing to the world, as to its opinion, to which every public man owes a reputation? What an example was here held out to the Company's servants!

Mr. Hastings says, "This may come into a court of justice; it will come into a court of justice: I reserve my defence on the occasion till it comes into a court of justice, and here I make no opposition to it." To this I answer, that the Company did not order him so to reserve himself, but ordered him to be an inquirer into those things. Is it a lesson to be taught to the inferior servants of the Company, that, provided they can escape out of a court of justice by the back-doors and sally-ports of the law, by artifice of pleading, by those strict and rigorous rules of evidence which have been established for the protection of innocence, but which by them might be turned to the protection and support of guilt, that such an escape is enough for them? that an Old Bailey acquittal is enough to establish a fitness for trust? and if a man shall go acquitted out of such a court, because the judges are bound to acquit him against the conviction of their own opinion, when every man in the market-place knows that he is guilty, that he is fit for a trust? Is it a lesson to be held out to the servants of the Company, that, upon the first inquiry which is made into corruption, and that in the highest trust, by the persons authorized to inquire into it, he uses all the powers of that trust to quash it,—vilifying his colleagues, vilifying his accuser, abusing everybody, but never denying the charge? His associates and colleagues, astonished at this conduct, so wholly unlike everything that had ever appeared of innocence, request him to consider a little better. They declare they are not his accusers; they tell him they are not his judges; that they, under the orders of the Company, are making an inquiry which he ought to make. He declares he will not make it. Being thus driven to the wall, he says, "Why do you not form yourselves into a committee? I won't suffer these proceedings to go on as long as I am present." Mr. Hastings plainly had in view, that, if the proceedings had been before a committee, there would have been a doubt of their authenticity, as not being before a regular board; and he contended that there could be no regular board without his own presence in it: a poor, miserable scheme for eluding this inquiry; partly by saying that it was carried on when he was not present, and partly by denying the authority of this board.

I will have nothing to do with the great question that arose upon the Governor-General's resolution to dissolve a board, whether the board have a right to sit afterwards; it is enough that Mr. Hastings would not suffer them, as a Council, to examine into what, as a Council, they were bound to examine into. He absolutely declared the Council dissolved, when they did not accept his committee, for which they had many good reasons, as I shall show in reply, if necessary, and which he could have no one good reason for proposing;—he then declares the Council dissolved. The Council, who did not think Mr. Hastings had a power to dissolve them while proceeding in the discharge of their duty, went on as a Council. They called in Nundcomar to support his charge: Mr. Hastings withdrew. Nundcomar was asked what he had to say further in support of his own evidence. Upon which he produces a letter from Munny Begum, the dancing-girl that I have spoken of, in which she gives him directions and instructions relative to his conduct in every part of those bribes; by which it appears that the corrupt agreement for her office was made with Mr. Hastings through Nundcomar, before he had quitted Calcutta. It points out the execution of it, and the manner in which every part of the sum was paid: one lac by herself in Calcutta; one lac, which she ordered Nundcomar to borrow, and which he did borrow; and a lac and a half which were given to him, Mr. Hastings, besides this purchase money, under color of an entertainment. This letter was produced, translated, examined, criticized, proved to be sealed with the seal of the Begum, acknowledged to have no marks but those of authenticity upon it, and as such was entered upon the Company's records, confirming and supporting the evidence of Nundcomar, part by part, and circumstance by circumstance. And I am to remark, that, since this document, so delivered in, has never been litigated or controverted in the truth of it, from that day to this, by Mr. Hastings, so, if there was no more testimony, here is enough, upon this business. Your Lordships will remark that this charge consisted of two parts: two lacs that were given explicitly for the corrupt purchase of the office; and one lac and a half given in reality for the same purpose, but under the color of what is called an entertainment.

Now in the course of these proceedings it was thought necessary that Mr. Hastings's banian, Cantoo Baboo, (a name your Lordships will be well acquainted with, and who was the minister in this and all the other transactions of Mr. Hastings,) should be called before the board to explain some circumstances in the proceedings. Mr. Hastings ordered his banian, a native, not to attend the sovereign board appointed by Parliament for the government of that country, and directed to inquire into transactions of this nature. He thus taught the natives not only to disobey the orders of the Court of Directors, enforced by an act of Parliament, but he taught his own servant to disobey, and ordered him not to appear before the board. Quarrels, duels, and other mischiefs arose. In short, Mr. Hastings raised every power of heaven and of hell upon this subject: but in vain: the inquiry went on.

Mr. Hastings does not meet Nundcomar: he was afraid of him. But he was not negligent of his own defence; for he flies to the Supreme Court of Justice. He there prosecuted an inquiry against Nundcomar for a conspiracy. Failing in that, he made other attempts, and disabled Nundcomar from appearing before the board by having him imprisoned, and thus utterly crippled that part of the prosecution against him. But as guilt is never able thoroughly to escape, it did so happen, that the Council, finding monstrous deficiencies in the Begum's affairs, finding the Nabob's allowance totally squandered, that the most sacred pensions were left unpaid, that nothing but disorder and confusion reigned in all his affairs, that the Nabob's education was neglected, that he could scarcely read or write, that there was scarcely any mark of a man left in him except those which Nature had at first imprinted,—I say, all these abuses being produced in a body before them, they thought it necessary to send up to inquire into them; and a considerable deficiency or embezzlement appearing in the Munny Begum's account of the young Nabob's stipend, she voluntarily declared, by a writing under her seal, that she had given 15,000l. to Mr. Hastings for an entertainment.

Mr. Hastings, finding that the charge must come fully against him, contrived a plan which your Lordships will see the effects of presently, and this was, to confound this lac and an half, or 15,000l., with the two lacs given directly and specifically as a bribe,—intending to avail himself of this finesse whenever any payment was to be proved of the two lacs, which he knew would be proved against him, and which he never did deny; and accordingly your Lordships will find some confusion in the proofs of the payment of those sums. The receipt of two lacs is proved by Nundcomar, proved with all the means of detection which I have stated; the receipt of the lac and a half is proved by Munny Begum's letter, the authenticity of which was established, and never denied by Mr. Hastings. In addition to these proofs, Rajah Gourdas, who had the management of the Nabob's treasury, verbally gave an account perfectly corresponding with that of Nundcomar and the Munny Begum's letter; and he afterwards gave in writing an attestation, which in every point agrees correctly with the others. So that there are three witnesses upon this business. And he shall not disqualify Rajah Gourdas, because, whatever character he thought fit to give Nundcomar, he has given the best of characters to Rajah Gourdas, who was employed by Mr. Hastings in occupations of trust, and therefore any objections to his competency cannot exist. Having got thus far, the only thing that remained was to examine the records of the public offices, and see whether any trace of these transactions was to be found there. These offices had been thrown into confusion in the manner you will hear; but, upon strict inquiry, there was a shomaster, or office paper, produced, from which it appears that the officer of the treasury, having brought to the Nabob an account of one lac and a half which he said had been given to Mr. Hastings, desired to know from him under what head of expense it should be entered, and that he, the Nabob, desired him to put it under the head of expenses for entertaining Mr. Hastings. If there had been a head of entertainment established as a regular affair, the officer would never have gone to the Nabob and asked under what name to enter it; but he found an irregular affair, and he did not know what head to put it under. And from the whole of the proceedings it appears that three lacs and a half were paid: two lac by way of bribe, one lac and a half under the color of an entertainment. Mr. Hastings endeavors to invalidate the first obliquely, not directly, for he never directly denied it; and he partly admits the second, in hopes that all the proof of payment of the first charge should be merged and confounded in the second. And therefore your Lordships will see from the beginning of that business till it came into the hands of Mr. Smith, his agent, then appearing in the name and character of agent and solicitor to the Company, that this was done to give some appearance and color to it by a false representation, as your Lordships will see, of every part of the transaction.

The proof, then, of the two lacs rests upon the evidence of Nundcomar, the letter of Munny Begum, and the evidence of Rajah Gourdas. The evidence of the lac and a half, by way of entertainment, was at first the same; and afterwards begins a series of proofs to which Mr. Hastings has himself helped us. For, in the first place, he produces this office paper in support of his attempt to establish the confusion between the payment of the two lacs and of the lac and a half. He did not himself deny that he received a lac and a half, because with respect to that lac and a half he had founded some principle of justification. Accordingly this office paper asserts and proves this lac and a half to have been given, in addition to the other proofs. Then Munny Begum herself is inquired of. There is a commission appointed to go up to her residence; and the fact is proved to the satisfaction of Mr. Goring, the commissioner. The Begum had put a paper of accounts, through her son, into his hands, which shall be given at your Lordships' bar, in which she expressly said that she gave Mr. Hastings a lac and a half for entertainment. But Mr. Hastings objects to Mr. Goring's evidence upon this occasion. He wanted to supersede Mr. Goring in the inquiry; and he accordingly appoints, with the consent of the Council, two creatures of his own to go and assist in that inquiry. The question which he directs these commissioners to put to Munny Begum is this:—"Was the sum of money charged by you to be given to Mr. Hastings given under an idea of entertainment customary, or upon what other ground, or for what other reason?" He also desires the following questions may be proposed to the Begum:—"Was any application made to you for the account which you have delivered of three lacs and a half of rupees said to have been paid to the Governor and Mr. Middleton? or did you deliver the account of your own free will, and unsolicited?" My Lords, you see that with regard to the whole three lacs and a half of rupees the Begum had given an account which tended to confirm the payment of them; but Mr. Hastings wanted to invalidate that account by supposing she gave it under restraint. The second question is,—"In what manner was the application made to you, and by whom?" But the principal question is this:—"On what account was the one lac and a half given to the Governor-General which you have laid to his account? Was it in consequence of any requisition from him, or of any previous agreement, or of any established usage?" When a man asks concerning a sum of money, charged to be given to him by another person, on what account it was given, he does indirectly admit that that money actually was paid, and wants to derive a justification from the mode of the payment of it; and accordingly that inference was drawn from the question so sent up, and it served as an instruction to Munny Begum; and her answer was, that it was given to him, as an ancient usage and custom, for an entertainment. So that the fact of the gift of the money is ascertained by the question put by Mr. Hastings to her, and her answer. And thus at last comes his accomplice in this business, and gives the fullest testimony to the lac and a half.

I must beg leave, before I go further, to state the circumstances of the several witnesses examined upon this business. They were of two kinds: voluntary witnesses, and accomplices forced by inquiry and examination to discover their own guilt. Of the first kind were Nundcomar and Rajah Gourdas: these were the only two that can be said to be voluntary in the business, and who gave their information without much fear, though the last unwillingly, and with a full sense of the danger of doing it. The other was the evidence of his accomplice, Munny Begum, wrung from her by the force of truth, in which she confessed that she gave the lac and a half, and justifies it upon the ground of its being a customary entertainment. Besides this, there is the evidence of Chittendur, who was one of Mr. Hastings's instruments, and one of the Begum's servants. He, being prepared to confound the two lacs with the one lac and a half, says, upon his examination, that a lac and a half was given; but upon examining into the particulars of it, he proves that the sum he gave was two lacs, and not a lac and a half: for he says that there was a dispute about the other half lac; Nundcomar demanded interest, which the Begum was unwilling to allow, and consequently that half lac remained unpaid. Now this half lac can be no part of the lac and a half, which is admitted on all hands, and proved by the whole body of concurrent testimony, to have been given to Mr. Hastings in one lumping sum. When Chittendur endeavors to confound it with the lac and a half, he clearly establishes the fact that it was a parcel of the two lacs, and thus bears evidence, in attempting to prevaricate in favor of Mr. Hastings, that one lac and a half was paid, which Mr. Hastings is willing to allow; but when he enters into the particulars of it, he proves by the subdivision of the payment, and by the non-payment of part of it, that it accords with the two lacs, and not with the lac and a half.

There are other circumstances in these accounts highly auxiliary to this evidence. The lac and a half was not only attested by Rajah Gourdas, by the Begum, by Chittendur, by the Begum again upon Mr. Hastings's own question, indirectly admitted by Mr. Hastings, proved by the orders for it to be written off to expense, (such a body of proof as perhaps never existed,) but there is one proof still remaining, namely, a paper, which was produced before the Committee, and which we shall produce to your Lordships. It is an authentic paper, delivered in favor of Mr. Hastings by Major Scott, who acted at that time as Mr. Hastings's agent, to a committee of the House of Commons, and authenticated to come from Munny Begum herself. All this body of evidence we mean to produce; and we shall prove, first, that he received the two lacs,—and, secondly, that he received one lac and a half under the name of entertainment. With regard to the lac and a half, Mr. Hastings is so far from controverting it, even indirectly, that he is obliged to establish it by testimonies produced by himself, in order to sink in that, if he can, the two lacs, which he thinks he is not able to justify, but which he fears will be proved against him. The lac and a half, I do believe, he will not be advised to contest; but whether he is or no, we shall load him with it, we shall prove it beyond all doubt. But there are other circumstances further auxiliary in this business, which, from the very attempts to conceal it, prove beyond doubt the fraudulent and wicked nature of the transaction. In the account given by the Begum, a lac, which is for Mr. Hastings's entertainment, is entered in a suspicious neighborhood; for there is there entered a lac of rupees paid for the subahdarry sunnuds to the Mogul through the Rajah Shitab Roy. Upon looking into the account, and comparing it with another paper produced, the first thing we find is, that this woman charges the sum paid to be a sum due; and then she charges this one lac to have been paid when the Mogul was in the hands of the Mahrattas, when all communication with him was stopped, and when Rajah Shitab Roy, who is supposed to have paid it, was under confinement in the hands of Mr. Hastings. Thus she endeavors to conceal the lac of rupees paid to Mr. Hastings.

In order to make this transaction, which, though not in itself intricate, is in some degree made so by Mr. Hastings, clear to your Lordships, we pledge ourselves to give to your Lordships, what must be a great advantage to the culprit himself, a syllabus, the heads of all this charge, and of the proofs themselves, with their references, to show how far the proof goes to the two lacs, and then to the one lac and a half singly. This we shall put in writing, that you may not depend upon the fugitive memory of a thing not so well, perhaps, or powerfully expressed as it ought to be, and in order to give every advantage to the defendant, and to give every facility to your Lordships' judgment: and this will, I believe, be thought a clear and fair way of proceeding. Your Lordships will then judge whether Mr. Hastings's conduct at the time, his resisting an inquiry, preventing his servant appearing as an evidence, discountenancing and discouraging his colleagues, raising every obstruction to the prosecution, dissolving the Council, preventing evidence and destroying it as far as lay in his power by collateral means, be not also such presumptive proofs as give double force to all the positive proof we produce against him.

The lac and a half, I know, he means to support upon the custom of entertainment; and your Lordships will judge whether or not a man who was ordered and had covenanted never to take more than 400l. could take 16,000l. under color of an entertainment. That which he intends to produce as a justification we charge, and your Lordships and the world will think, to be the heaviest aggravation of his crime. And after explaining to your Lordships the circumstances under which this justification is made, and leaving a just impression of them upon your minds, I shall beg your Lordships' indulgence to finish this member of the business to-morrow.

It is stated and entered in the account, that an entertainment was provided for Mr. Hastings at the rate of 200l. a day. He stayed at Moorshedabad for near three months; and thus you see that visits from Mr. Hastings are pretty expensive things: it is at the rate of 73,000l. a year for his entertainment. We find that Mr. Middleton, an English gentleman who was with him, received likewise (whether under the same pretence I know not, and it does not signify) another sum equal to it; and if these two gentlemen had stayed in that country a year, their several allowances would have been 146,000l. out of the Nabob's allowance of 160,000l. a year: they would have eat up nearly the whole of it. And do you wonder, my Lords, that such guests and such hosts are difficult to be divided? Do you wonder that such visits, when so well paid for and well provided for, were naturally long? There is hardly a prince in Europe who would give to another prince of Europe from his royal hospitality what was given upon this occasion to Mr. Hastings.

Let us now see what was Mr. Hastings's business during this long protracted visit. First, he tells you that he came there to reduce all the state and dignity of the Nabob. He tells you that he felt no compunction in reducing that state; that the elephants, the menagerie, the stables, all went without mercy, and consequently all the persons concerned in them were dismissed also. When he came to the abolition of the pensions, he says,—"I proceeded with great pain, from the reflection that I was the instrument in depriving whole families, all at once, of their bread, and reducing them to a state of penury: convinced of the necessity of the measure, I endeavored to execute it with great impartiality." Here he states the work he was employed in, when he took this two hundred pounds a day for his own pay. "It was necessary to begin with reforming the useless servants of the court, and retrenching the idle parade of elephants, menageries, &c., which loaded the civil list. This cost little regret in performing; but the Resident, who took upon himself the chief share in this business, acknowledges that he suffered considerably in his feelings, when he came to touch on the pension list. Some hundreds of persons of the ancient nobility of the country, excluded, under our government, from almost all employments, civil or military, had, ever since the revolution, depended on the bounty of the Nabob; and near ten lacs were bestowed that way. It is not that the distribution was always made with judgment or impartial, and much room was left for a reform; but when the question was to cut off entirely the greatest part, it could not fail to be accompanied with circumstances of real distress. The Resident declares, that, even with some of the highest rank, he could not avoid discovering, under all the pride of Eastern manners, the manifest marks of penury and want. There was, however, no room left for hesitation: to confine the Nabob's expenses within the limited sum, it was necessary that pensions should be set aside."

Here, my Lords, is a man sent to execute one of the most dreadful offices that was ever executed by man,—to cut off, as he says himself, with a bleeding heart, the only remaining allowance made for hundreds of the decayed nobility and gentry of a great kingdom, driven by our government from the offices upon which they existed. In this moment of anxiety and affliction, when he says he felt pain and was cut to the heart to do it,—at this very moment, when he was turning over fourteen hundred of the ancient nobility and gentry of this country to downright want of bread,—just at that moment, while he was doing this act, and feeling this act in this manner, from the collected morsels forced from the mouths of that indigent and famished nobility he gorged his own ravenous maw with an allowance of two hundred pounds a day for his entertainment. As we see him in this business, this man is unlike any other: he is also never corrupt but he is cruel; he never dines without creating a famine; he does not take from the loose superfluity of standing greatness, but falls upon the indigent, the oppressed, and ruined; he takes to himself double what would maintain them. His is unlike the generous rapacity of the noble eagle, who preys upon a living, struggling, reluctant, equal victim; his is like that of the ravenous vulture, who falls upon the decayed, the sickly, the dying, and the dead, and only anticipates Nature in the destruction of its object. His cruelty is beyond his corruption: but there is something in his hypocrisy which is more terrible than his cruelty; for, at the very time when with double and unsparing hands he executes a proscription, and sweeps off the food of hundreds of the nobility and gentry of a great country, his eyes overflow with tears, and he turns the precious balm that bleeds from wounded humanity, and is its best medicine, into fatal, rancorous, mortal poison to the human race.

You have seen, that, when he takes two hundred pounds a day for his entertainment, he tells you that in this very act he is starving fourteen hundred of the ancient nobility and gentry. My Lords, you have the blood of nobles,—if not, you have the blood of men in your veins: you feel as nobles, you feel as men. What would you say to a cruel Mogul exactor, by whom after having been driven from your estates, driven from the noble offices, civil and military, which you hold, driven from your bishoprics, driven from your places at court, driven from your offices as judges, and, after having been reduced to a miserable flock of pensioners, your very pensions were at last wrested from your mouths, and who, though at the very time when those pensions were wrested from you he declares them to have been the only bread of a miserable decayed nobility, takes himself two hundred pounds a day for his entertainment, and continues it till it amounts to sixteen thousand pounds? I do think, that, of all the corruptions which he has not owned, but has not denied, or of those which he does in effect own, and of which he brings forward the evidence himself, the taking and claiming under color of an entertainment is ten times the most nefarious.

I shall this day only further trouble your Lordships to observe that he has never directly denied this transaction. I have tumbled over the records, I have looked at every part, to see whether he denies it. He did not deny it at the time, he did not deny it to the Court of Directors: on the contrary, he did in effect acknowledge it, when, without directly acknowledging it, he promised them a full and liberal explanation of the whole transaction. He never did give that explanation. Parliament took up the business; this matter was reported at the end of the Eleventh Report; but though the House of Commons had thus reported it, and made that public which before was upon the Company's records, he took no notice of it. Then another occasion arises: he comes before the House of Commons; he knows he is about to be prosecuted for those very corruptions; he well knows these charges exist against him; he makes his defence (if he will allow it to be his defence); but, though thus driven, he did not there deny it, because he knew, that, if he had denied it, it could be proved against him. I desire your Lordships will look at that paper which we have given in evidence, and see if you find a word of denial of it: there is much discourse, much folly, much insolence, but not one word of denial. Then, at last, it came before this tribunal against him. I desire to refer your Lordships to that part of his defence to the article in which this bribe is specifically charged: he does not deny it there; the only thing which looks like a denial is one sweeping clause inserted, (in order to put us upon the proof,) that all the charges are to be conceived as denied; but a specific denial to this specific charge in no stage of the business, from beginning to end, has he once made.

And therefore here I close that part of the charge which relates to the business of Nundcomar. Your Lordships will see such a body of presumptive proof and positive proof as never was given yet of any secret corrupt act of bribery; and there I leave it with your Lordships' justice. I beg pardon for having detained you so long; but your Lordships will be so good as to observe that no business ever was covered with more folds of iniquitous artifice than this which is now brought before you.

---

SPEECH
ON
THE SIXTH ARTICLE OF CHARGE.
SECOND DAY: SATURDAY, APRIL 25, 1789.

My Lords,—When I last had the honor of addressing your Lordships, I endeavored to state with as much perspicuity as the nature of an intricate affair would admit, and as largely as in so intricate an affair was consistent with the brevity which I endeavored to preserve, the proofs which had been adduced against Warren Hastings upon an inquiry instituted by an order of the Court of Directors into the corruption and peculation of persons in authority in India. My Lords, I have endeavored to show you by anterior presumptive proofs, drawn from the nature and circumstances of the acts themselves inferring guilt, that such actions and such conduct could be referable only to one cause, namely, corruption; I endeavored to show you afterwards, my Lords, what the specific nature and extent of the corruption was, as far as it could be fully proved; and lastly, the great satisfactory presumption which attended the inquiry with regard to Mr. Hastings,—namely, that, contrary to law, contrary to his duty, contrary to what is owed by innocence to itself, Mr. Hastings resisted that inquiry, and employed all the power of his office to prevent the exercise of it, either in himself or in others. These presumptions and these proofs will be brought before your Lordships, distinctly and in order, at the end of this opening.

The next point on which I thought it necessary to proceed was relative to the presumptions which his subsequent conduct gave with regard to his guilt: because, my Lords, his uniform tenor of conduct, such as must attend guilt, both in the act, at the time of the inquiry, and subsequent to it, will form such a body of satisfactory evidence as I believe the human mind is not made to resist.

My Lords, there is another reason why I choose to enter into the presumptions drawn from his conduct and the fact, taking his conduct in two parts, if it may be so expressed, omission and commission, in order that your Lordships should more fully enter into the consequences of this system of bribery. But before I say anything upon that, I wish your Lordships to be apprised, that the Commons, in bringing this bribe of three lac and a half before your Lordships, do not wish by any means to have it understood that this is the whole of the bribe that was received by Mr. Hastings in consequence of delivering up the whole management of the government of the country to that improper person whom he nominated for it. My Lords, from the proofs that will be adduced before you, there is great probability that he received very nearly a hundred thousand pounds; there is positive proof of his receiving fifty; and we have chosen only to charge him with that of which there is such an accumulated body of proof as to leave no doubt upon the minds of your Lordships. All this I say, because we are perfectly apprised of the sentiments of the public upon this point: when they hear of the enormity of Indian peculation, when they see the acts done, and compare them with the bribes received, the acts seem so enormous and the bribes comparatively so small, that they can hardly be got to attribute them to that motive. What I mean to state is this: that, from a collective view of the subject, your Lordships will be able to judge that enormous offences have been committed, and that the bribe which we have given in proof is a specimen of the nature and extent of those enormous bribes which extend to much greater sums than we are able to prove before you in the manner your Lordships would like and expect.

I have already remarked to your Lordships, that, after this charge was brought and recorded before the Council in spite of the resistance made by Mr. Hastings, in which he employed all the power and authority of his station, and the whole body of his partisans and associates in iniquity, dispersed through every part of these provinces,—after he had taken all these steps, finding himself pressed by the proof and pressed by the presumption of his resistance to the inquiry, he did think it necessary to make something like a defence. Accordingly he has made what he calls a justification, which did not consist in the denial of that fact, or any explanation of it. The mode he took for his defence was abuse of his colleagues, abuse of the witnesses, and of every person who in the execution of his duty was inquiring into the fact, and charging them with things which, if true, were by no means sufficient to support him, either in defending the acts themselves, or in the criminal means he used to prevent inquiry into them. His design was to mislead their minds, and to carry them from the accusation and the proof of it. With respect to the passion, violence, and intemperate heat with which he charged them, they were proceeding in an orderly, regular manner; and if on any occasion they seem to break out into warmth, it was in consequence of that resistance which he made to them, in what your Lordships, I believe, will agree with them in thinking was one of the most important parts of their functions. If they had been intemperate in their conduct, if they had been violent, passionate, prejudiced against him, it afforded him only a better means of making his defence; because, though in a rational and judicious mind the intemperate conduct of the accuser certainly proves nothing with regard to the truth or falsehood of his accusation, yet we do know that the minds of men are so constituted that an improper mode of conducting a right thing does form some degree of prejudice against it. Mr. Hastings, therefore, unable to defend himself upon principle, has resorted as much as he possibly could to prejudice. And at the same time that there is not one word of denial, or the least attempt at a refutation of the charge, he has loaded the records with all manner of minutes, proceedings, and letters relative to everything but the fact itself. The great aim of his policy, both then, before, and ever since, has been to divert the mind of the auditory, or the persons to whom he addressed himself, from the nature of his cause, to some collateral circumstance relative to it,—a policy to which he has always had recourse; but that trick, the last resource of despairing guilt, I trust will now completely fail him.

Mr. Hastings, however, began to be pretty sensible that this way of proceeding had a very unpromising and untoward look; for which reason he next declared that he reserved his defence for fear of a legal prosecution, and that some time or other he would give a large and liberal explanation to the Court of Directors, to whom he was answerable for his conduct, of his refusing to suffer the inquiry to proceed, of his omitting to give them satisfaction at the time, of his omitting to take any one natural step that an innocent man would have taken upon such an occasion. Under this promise he has remained from that time to the time you see him at your bar, and he has neither denied, exculpated, explained, or apologized for his conduct in any one single instance.

While he accuses the intemperance of his adversaries, he shows a degree of temperance in himself which always attends guilt in despair: for struggling guilt may be warm, but guilt that is desperate has nothing to do but to submit to the consequences of it, to bear the infamy annexed to its situation, and to try to find some consolation in the effects of guilt with regard to private fortune for the scandal it brings them into in public reputation. After the business had ended in India, the causes why he should have given the explanation grew stronger and stronger: for not only the charges exhibited against him were weighty, but the manner in which he was called upon to inquire into them was such as would undoubtedly tend to stir the mind of a man of character, to rouse him to some consideration of himself, and to a sense of the necessity of his defence. He was goaded to make this defence by the words I shall read to your Lordships from Sir John Clavering.

"In the late proceedings of the Revenue Board it will appear that there is no species of peculation from which the Honorable Governor-General has thought it reasonable to abstain." He further says, in answer to Mr. Hastings, "The malicious view with which this innuendo" (an innuendo of Mr. Hastings) "is thrown out is only worthy of a man who, having disgraced himself in the eyes of every man of honor both in Asia and in Europe, and having no imputation to lay to our charge, has dared to attempt in the dark what malice itself could not find grounds to aim at openly."

These are the charges which were made upon him,—not loosely, in the heat of conversation, but deliberately, in writing, entered upon record, and sent to his employers, the Court of Directors, those whom the law had set over him, and to whose judgment and opinion he was responsible. Do your Lordships believe that it was conscious innocence that made him endure such reproaches, so recorded, from his own colleague? Was it conscious innocence that made him abandon his defence, renounce his explanation, and bear all this calumny, (if it was calumny,) in such a manner, without making any one attempt to refute it? Your Lordships will see by this, and by other minutes with which the books are filled, that Mr. Hastings is charged quite to the brim with corruptions of all sorts, and covered with every mode of possible disgrace. For there is something so base and contemptible in the crimes of peculation and bribery, that, when they come to be urged home and strongly against a man, as here they are urged, nothing but a consciousness of guilt can possibly make a person so charged support himself under them. Mr. Hastings considered himself, as he has stated, to be under the necessity of bearing them. What is that necessity? Guilt. Could he say that Sir John Clavering (for I say nothing now of Colonel Monson and Mr. Francis, who were joined with him) was a man weak and contemptible? I believe there are those among your Lordships who remember that Sir John Clavering was known before he went abroad, and better known by his conduct after, to be a man of the most distinguished honor that ever served his Majesty; he served his Majesty in a military situation for many years, and afterwards in that high civil situation in India. It is known that through every step and gradation of a high military service, until he arrived at the highest of all, there never was the least blot upon him, or doubt or suspicion of his character; that his temper for the most part, and his manners, were fully answerable to his virtues, and a noble ornament to them; that he was one of the best natured, best bred men, as well as one of the highest principled men to be found in his Majesty's service; that he had passed the middle time of life, and come to an age which makes men wise in general; so that he could be warmed by nothing but that noble indignation at guilt which is the last thing that ever was or will be extinguished in a virtuous mind. He was a man whose voice was not to be despised; but if his character had been personally as contemptible as it was meritorious and honorable in every respect, yet his situation as a commissioner named by an act of Parliament for the express purpose of reforming India gave him a weight and consequence that could not suffer Mr. Hastings, without a general and strong presumption of his guilt, to acquiesce in such recorded minutes from him. But if he had been a weak, if he had been an intemperate man, (in reality he was as cool, steady, temperate, judicious a man as ever was born,) the Court of Directors, to whom Mr. Hastings was responsible by every tie and every principle, and was made responsible at last by a positive act of Parliament obliging him to yield obedience to their commands as the general rule of his duty,—the Court of Directors, I say, perfectly approved of every part of General Clavering's, Colonel Monson's, and Mr. Francis's conduct; they approved of this inquiry which Mr. Hastings rejected; and they have declared, "that the powers and instructions vested in and given to General Clavering and the other gentlemen were such as fully authorized them in every inquiry that seems to have been their object ... Europeans."[2]

Now after the supreme authority, to which they were to appeal in all their disputes, had passed this judgment upon this very inquiry, the matter no longer depended upon Mr. Hastings's opinion; nor could he be longer justified in attributing that to evil motives either of malice or passion in his colleagues. When the judges who were finally to determine who was malicious, who was passionate, who was or was not justified either in setting on foot the inquiry or resisting it, had passed that judgment, then Mr. Hastings was called upon by all the feelings of a man, and by his duty in Council, to give satisfaction to his masters, the Directors, who approved of the zeal and diligence shown in that very inquiry, the passion of which he only reprobated, and upon which he grounded his justification.

If anything but conscious guilt could have possibly influenced him to such more than patience under this accusation, let us see what was his conduct when the scene was changed. General Clavering, fatigued and broken down by the miseries of his situation, soon afterwards lost a very able and affectionate colleague, Colonel Monson, (whom Mr. Hastings states to be one of the bitterest of his accusers,) a man one of the most loved and honored of his time, a person of your Lordships' noble blood, and a person who did honor to it, and if he had been of the family of a commoner, well deserved to be raised to your distinction. When that man died,—died of a broken heart, to say nothing else,—and General Clavering felt himself in a manner without help, except what he derived from the firmness, assiduity, and patience of Mr. Francis, sinking like himself under the exertion of his own virtues, he was resolved to resign his employment. The Court of Directors were so alarmed at this attempt of his to resign his employment, that they wrote thus: "When you conceived the design of quitting our service, we imagine you could not have heard of the resignation of Mr. Hastings ... your zeal and ability."[3]

My Lords, in this struggle, and before he could resign finally, another kind of resignation, the resignation of Nature, took place, and Sir John Clavering died. The character that was given Sir John Clavering at that time is a seal to the whole of his proceedings, and the use that I shall make of it your Lordships will see presently. "The abilities of General Clavering, the comprehensive knowledge he had attained of our affairs ... to the East India Company."[4]

And never had it a greater loss. There is the concluding funeral oration made by his masters, upon a strict, though by no means partial, view of his conduct. My Lords, here is the man who is the great accuser of Mr. Hastings, as he says. What is he? a slight man, a man of mean situation, a man of mean talents, a man of mean character? No: of the highest character. Was he a person whose conduct was disapproved by their common superiors? No: it was approved when living, and ratified when dead. This was the man, a man equal to him in every respect, upon the supposed evil motives of whom alone was founded the sole justification of Mr. Hastings.

But be it, then, that Sir John Clavering, Colonel Monson, and Mr. Francis were all of them the evil-minded persons that he describes them to be, and that from dislike to them, from a kind of manly resentment, if you please, against such persons, an hatred against malicious proceedings, and a defiance of them, he did not think proper, as he states, to make his defence during that period of time, and while oppressed by that combination,—yet, when he got rid of the two former persons, and when Mr. Francis was nothing, when the whole majority was in his hand, and he was in full power, there was a large, open, full field for inquiry; and he was bound to re-institute that inquiry, and to clear his character before his judges and before his masters. Mr. Hastings says, "No: they have threatened me with a prosecution, and I reserve myself for a court of justice."

Mr. Hastings has now at length taken a ground, as you will see from all his writings, which makes all explanation of his conduct in this business absolutely impossible. For, in the first place, he says, "As a prosecution is meditated against me, I will say nothing in explanation of my conduct, because I might disclose my defence, and by that means do myself a prejudice." On the other hand, when the prosecution is dropped, as we all know it was dropped in this case, then he has a direct contrary reason, but it serves him just as well: "Why, as no prosecution is intended, no defence need be made." So that, whether a prosecution is intended or a prosecution dropped, there is always cause why Mr. Hastings should not give the Court of Directors the least satisfaction concerning his conduct, notwithstanding, as we shall prove, he has reiteratedly promised, and promised it in the most ample and liberal manner. But let us see if there be any presumption in his favor to rebut the presumption which he knew was irresistible, and which, by making no defence for his conduct, and stopping the inquiry, must necessarily lie upon him. He reserves his defence, but he promises both defence and explanation.

Your Lordships will remark that there is nowhere a clear and positive denial of the fact. Promising a defence, I will admit, does not directly and ex vi termini suppose that a man may not deny the fact, because it is just compatible with the defence; but it does by no means exclude the admission of the fact, because the admission of the fact may be attended with a justification: but when a man says that he will explain his conduct with regard to a fact, then he admits that fact, because there can be no explanation of a fact which has no existence. Therefore Mr. Hastings admits the fact by promising an explanation, and he shows he has no explanation nor justification to give by never having given it. Goaded, provoked, and called upon for it, in the manner I have mentioned, he chooses to have a feast of disgrace, (if I may say so,) to have a riot of infamy, served up to him day by day for a course of years, in every species of reproach that could be given by his colleagues, and by the Court of Directors, "from whom," he says, "I received nothing but opprobrious and disgraceful epithets," and he says "that his predecessors possessed more of their confidence than he had." Yet for years he lay down in that sty of disgrace, fattening in it, feeding upon that offal of disgrace and excrement, upon everything that could be disgustful to the human mind, rather than deny the fact and put himself upon a civil justification. Infamy was never incurred for nothing. We know very well what was said formerly:—

"Populus me sibilat; at mihi plaudo
Ipse domi, simul ac nummos contemplor in arca."

And never did a man submit to infamy for anything but its true reward, money. Money he received; the infamy he received along with it: he was glad to take his wife with all her goods; he took her with her full portion, with every species of infamy that belonged to her; and your Lordships cannot resist the opinion that he would not have suffered himself to be disgraced with the Court of Directors, disgraced with his colleagues, disgraced with the world, disgraced upon an eternal record, unless he was absolutely guilty of the fact that was charged upon him.

He frequently expresses that he reserves himself for a court of justice. Does he, my Lords? I am sorry that Mr. Hastings should show that he always mistakes his situation; he has totally mistaken it: he was a servant, bound to give a satisfactory account of his conduct to his masters, and, instead of that, he considers himself and the Court of Directors as litigant parties,—them as the accusers, and himself as the culprit. What would your Lordships, in private life, conceive of a steward who was accused of embezzling the rents, robbing and oppressing the tenants, and committing a thousand misdeeds in his stewardship, and who, upon your wishing to make inquiry into his conduct, and asking an explanation of it, should answer, "I will give no reply: you may intend to prosecute me and convict me as a cheat, and therefore I will not give you any satisfaction": what would you think of that steward? You could have no doubt that such a steward was a person not fit to be a steward, nor fit to live.

Mr. Hastings reserves himself for a court of justice: that single circumstance, my Lords, proves that he was guilty. It may appear very odd that his guilt should be inferred from his desire of trial in a court in which he could be acquitted or condemned. But I shall prove to you from that circumstance that Mr. Hastings, in desiring to be tried in a court of justice, convicts himself of presumptive guilt.

When Mr. Hastings went to Bengal in the year 1772, he had a direction exactly similar to this which he has resisted in his own case: it was to inquire into grievances and abuses. In consequence of this direction, he proposes a plan for the regulation of the Company's service, and one part of that plan was just what you would expect from him,—that is, the power of destroying every Company's servant without the least possibility of his being heard in his own defence or taking any one step to justify himself, and of dismissing him at his own discretion: and the reason he gives for it is this. "I shall forbear to comment upon the above propositions: if just and proper, their utility will be self-apparent. One clause only in the last article may require some explanation, namely, the power proposed for the Governor of recalling any person from his station without assigning a reason for it. In the charge of oppression," (now here you will find the reason why Mr. Hastings wishes to appeal to a court of justice, rather than to give satisfaction to his employers,) "though supported by the cries of the people and the most authentic representations, it is yet impossible in most cases to obtain legal proofs of it; and unless the discretionary power which I have recommended be somewhere lodged, the assurance of impunity from any formal inquiry will baffle every order of the board, as, on the other hand, the fear of the consequence will restrain every man within the bounds of his duty, if he knows himself liable to suffer by the effects of a single control." You see Mr. Hastings himself is of opinion that the cries of oppression, though extorted from a whole people by the iron hand of severity,—that these cries of a whole people, attended even with authentic documents sufficient to satisfy the mind of any man, may be totally insufficient to convict the oppressor in a court; and yet to that court, whose competence he denies, to that very court, he appeals, in that he puts his trust, and upon that ground he refuses to perform the just promise he had given of any explanation to those who had employed him.

Now I put this to your Lordships: if a man is of opinion that no public court can truly and properly bring him to any account for his conduct, that the forms observable in courts are totally adverse to it, that there is a general incompetency with regard to such a court, and yet shuns a tribunal capable and competent, and applies to that which he thinks is incapable and incompetent, does not that man plainly show that he has rejected what he thinks will prove his guilt, and that he has chosen what he thinks will be utterly insufficient to prove it? And if this be the case, as he asserts it to be, with an under servant, think what must be the case of the upper servant of all: for, if an inferior servant is not to be brought to justice, what must be the situation of a Governor-General? It is impossible not to see, that, as he had conceived that a court of justice had not sufficient means to bring his crimes to light and detection, nor sufficient to bring him to proper and adequate punishment, therefore he flew to a court of justice, not as a place to decide upon him, but as a sanctuary to secure his guilt. Most of your Lordships have travelled abroad, and have seen in the unreformed countries of Europe churches filled with persons who take sanctuary in them. You do not presume that a man is innocent because he is in a sanctuary: you know, that, so far from demonstrating his innocence, it demonstrates his guilt. And in this case, Mr. Hastings flies not to a court for trial, but as a sanctuary to secure him from it.

Let us just review the whole of his conduct; let us hear how Mr. Hastings has proceeded with regard to this whole affair. The court of justice dropped; the prosecution in Bengal ended. With Sir Elijah Impey as chief-justice, who, as your Lordships have seen, had a most close and honorable connection with the Governor-General, (all the circumstances of which I need not detail to you, as it must be fresh in your Lordships' memory,) he had not much to fear from the impartiality of the court. He might be sure the forms of law would not be strained to do him mischief; therefore there was no great terror in it. But whatever terror there might be in it was overblown, because his colleagues refused to carry him into it, and therefore that opportunity of defence is gone. In Europe he was afraid of making any defence, but the prosecution here was also soon over; and in the House of Commons he takes this ground of justification for not giving any explanation, that the Court of Directors had received perfect satisfaction of his innocence; and he named persons of great and eminent character in the profession, whose names certainly cannot be mentioned without highly imposing upon the prejudices and weighing down almost the reason of mankind. He quotes their opinions in his favor, and argues that the exculpation which they give, or are supposed to give him, should excuse him from any further explanation.

My Lords, I believe I need not say to great men of the profession, many of the first ornaments of which I see before me, that they are very little influenced in the seat of judgment by the opinions which they have given in the chamber, and they are perfectly in the right: because while in the chamber they hear but one part of the cause; it is generally brought before them in a very partial manner, and they have not the lights which they possess when they sit deliberately down upon the tribunal to examine into it; and for this reason they discharge their minds from every prejudice that may have arisen from a foregone partial opinion, and come uninfluenced by it as to a new cause. This, we know, is the glory of the great lawyers who have presided and do preside in the tribunals of this country; but we know, at the same time, that those opinions (which they in their own mind reject, unless supported afterwards by clear and authentic testimony) do weigh upon the rest of mankind at least: for it is impossible to separate the opinion of a great and learned man from some consideration of the person who has delivered that opinion.

Mr. Hastings, being conscious of this, and not fearing the tribunal abroad for the reason that I gave you, namely, his belief that it was not very adverse to him, and also knowing that the prosecution there was dropped, had but one thing left for his consideration, which was, how he should conflict with the tribunal at home: and as the prosecution must originate from the Court of Directors, and be authorized by some great law opinions, the great point with him was, some way or other, by his party, I will not say by what means or circumstances, but by some party means, to secure a strong interest in the executive part of the India House. My Lords, was that interest used properly and fairly? I will not say that friendship and partiality imply injustice; they certainly do not; but they do not imply justice. The Court of Directors took up this affair with great warmth; they committed it to their solicitor, and the solicitor would naturally (as most solicitors do) draw up a case a little favorably for the persons that employed him; and if there was any leaning, which upon my word I do not approve in the management of any cause whatever, yet, if there was a leaning, it must be a leaning for the client.

Now the counsel did not give a decided opinion against the prosecution, but upon the face of the case they expressed great doubts upon it; for, with such a strange, disorderly, imperfect, and confused case as was laid before them, they could not advise a prosecution; and in my opinion they went no further. And, indeed, upon that case that went before them, I, who am authorized by the Commons to prosecute, do admit that a great doubt might lie upon the most deciding mind, whether, under the circumstances there stated, a prosecution could be or ought to be pursued. I do not say which way my mind would have turned, upon that very imperfect state of the case; but I still allow so much to their very great ability, great minds, and sound judgment, that I am not sure, if it was res integra, I would not have rather hesitated myself (who am now here an accuser) what judgment to give.

It does happen that there are very singular circumstances in this business, to which your Lordships will advert; and you will consider what weight they ought to have upon your Lordships' minds. The person who is now the solicitor of the Company is a very respectable man in the profession,—Mr. Smith; he was at that time also the Company's solicitor, and he has since appeared in this cause as Mr. Hastings's solicitor. Now there is something particular in a man's being the solicitor to a party who was prosecuting another, and continuing afterwards in his office, and becoming the solicitor to the party prosecuted. It would be nearly as strange as if our solicitor were to be the solicitor of Mr. Hastings in this prosecution and trial before your Lordships. It is true, that we cannot make out, nor do we attempt to prove, that Mr. Smith was at that time actually Mr. Hastings's solicitor: all that we shall attempt to make out is, that the case he produced was just such a case as a solicitor anxious for the preservation of his client, and not anxious for the prosecution, would have made out.

My Lords, I have next to remark, that the opinion which the counsel gave in this case, namely, a very doubtful opinion, accompanied with strong censure of the manner in which the case was stated, was drawn from them by a case in which I charge that there were misrepresentation, suppression, and falsification.

Now, my Lords, in making this charge I am in a very awkward and unpleasant situation; but it is a situation in which, with all the disagreeable circumstances attending it, I must proceed. I am, in this business, obliged to name many men: I do not name them wantonly, but from the absolute necessity, as your Lordships will see, of the case. I do not mean to reflect upon this gentleman: I believe, at the time when he made this case, and especially the article which I state as a falsification, he must have trusted to some of the servants of the Company, who were but young in their service at that time. There was a very great error committed; but by whom, or how, your Lordships in the course of this inquiry will find. What I charge first is, that the case was improperly stated; secondly, that it was partially stated; and that afterwards a further report was made upon reference to the same officer in the committee. Now, my Lords, of the three charges which I have made, the two former, namely, the misrepresentation and suppression, were applicable to the case; but all the three, misrepresentation, suppression, and falsification, were applicable to the report.

This I say in vindication of the opinions given, and for the satisfaction of the public, who may be imposed upon by them. I wish the word to be understood. When I say imposed, I always mean by it the weight and authority carried: a meaning which this word, perhaps, has not got yet thoroughly in the English language; but in a neighboring language imposing means, that it weighs upon men's minds with a sovereign authority. To say that the opinions of learned men, though even thus obtained, may not have weight with this court, or with any court, is a kind of compliment I cannot pay to them at the expense of that common nature in which I and all human beings are involved.

He states in the case the covenants and the salary of Mr. Hastings, and his emoluments, very fairly. I do not object to any part of that. He then proceeds to state very partially the business upon which the Committee of Circuit went, and without opening whose conduct we cannot fully bring before you this charge of bribery. He then states, "that, an inquiry having been made by the present Supreme Council of Bengal respecting the conduct of the members of the last administration, several charges have been made, stating moneys very improperly received by Mr. Hastings during the time of the late administration: amongst these is one of his having received 150,000 rupees of Munny Begum, the guardian of the Nabob, who is an infant."

In this statement of the case everything is put out of its true place. Mr. Hastings was not charged with receiving a lac and a half of rupees from Munny Begum, the guardian of the Nabob,—for she was not then his guardian; but he was charged with receiving a lac and a half of rupees for removing the Nabob's own mother, who was his natural guardian, and substituting this step-mother, who was a prostitute, in her place; whereas here it supposes he found her a guardian, and that she had made him a present, which alters the whole nature of the case. The case, in the recital of the charge, sets out with what every one of your Lordships knows now not to be the truth of the fact, nor the thing that in itself implies the criminality: he ought to have stated that in the beginning of the business. The suppressions in the recital are amazing. He states an inquiry having been made by the Supreme Council of Bengal respecting the conduct of the members of the last administration. That inquiry was made in consequence of the charge, and not the charge brought forward, as they would have it believed, in consequence of the inquiry. There is no mention that that inquiry had been expressly ordered by the Court of Directors; but it is stated as though it was a voluntary inquiry. Now there is always something doubtful in voluntary inquiries with regard to the people concerned. He then supposes, upon this inquiry, that to be the charge which is not the charge at all. The crime, as I have stated, consisted of two distinct parts, but both inferring the same corruption: the first, two lac of rupees taken expressly for the nomination of this woman to this place; and the other, one lac and a half of rupees, in effect for the same purpose, but under the name and color of an entertainment. The drawer of the case, finding that in the one case, namely, the two lac of rupees, the evidence was more weak, but that no justification could be set up,—finding in the other, the lac and a half of rupees, the proof strong and not to be resisted, but that some justification was to be found for it, lays aside the charge of the two lac totally; and the evidence belonging to it, which was considered as rather weak, is applied to the other charge of a lac and a half, the proof of which upon its own evidence was irresistible.

My speech I hope your Lordships consider as only pointing out to your attention these particulars. Your Lordships will see it exemplified throughout the whole, that, when there is evidence (for some evidence is brought) that does belong to the lac and a half, it is entirely passed by, the most material circumstances are weakened, the whole strength and force of them taken away. Every one knows how true it is of evidence, juncta juvant: but here everything is broken and smashed to pieces, and nothing but disorder appears through the whole. For your Lordships will observe that the proof that belongs to one thing is put as belonging to another, and the proof of the other brought in a weak and imperfect manner in the rear of the first, and with every kind of observation to rebut and weaken it; and when this evidence is produced, which appears inapplicable almost in all the parts, in many doubtful, confused, and perplexed, and in some even contradictory, (which it will be when the evidence to one thing is brought to apply and bear upon another,) good hopes were entertained in consequence that that would happen which in part did happen, namely, that the counsel, distracted and confused, and finding no satisfaction in the case, could not advise a prosecution.

But what is still more material and weighty, many particulars are suppressed in this case, and still more in the report; and turning from the case to the proceedings of the persons who are supposed to have the management of the inquiry, they bring forward, as an appendix to this case, Mr. Hastings's own invectives and charge against these persons, at the very same time that they suppress and do not bring forward, either in the charge or upon the report, what the other party have said in their own justification. The consequence of this management was, that a body of evidence which would have made this case the clearest in the world, and which I hope we shall make to appear so to your Lordships, was rendered for the most part inapplicable, and the whole puzzled and confused: I say, for the most part, for some parts did apply, but miserably applied, to the case. From their own state of the case they would have it inferred that the fault was not in their way of representing it, but in the infirmity, confusion, and disorder of the proofs themselves; but this, I trust we shall satisfy you, is by no means the case. I rest, however, upon the proof of partiality in this business, of the imposition upon the counsel, whether designed or not, and of the bias given by adding an appendix with Mr. Hastings's own remarks upon the case, without giving the reasons of the other parties for their conduct. Now, if there was nothing else than the fallacious recital, and afterwards the suppression, I believe any rational and sober man would see perfect, good, and sufficient ground for laying aside any authority that can be derived from the opinions of persons, though of the first character (and I am sure no man living does more homage to their learning, impartiality, and understanding than I do): first, because the statement of the case has thrown the whole into confusion; and secondly, as to the matter added as an appendix, which gives the representation of the delinquent and omits the representation of his prosecutors, it is observed very properly and very wisely by one of the great men before whom this evidence was laid, that "the evidence, as it is here stated, is still more defective, if the appendix is adopted by the Directors and meant to make a part of the case; for that throws discredit upon all the information so collected." Certainly it does; for, if the delinquent party, who is to be prosecuted, be heard with his own representation of the case, and that of his prosecutors be suppressed, he is master both of the lawyers and of the mind of mankind.

My Lords, I have here attempted to point out the extreme inconsistencies and defects of this proceeding; and I wish your Lordships to consider, with respect to these proceedings of the India House in their prosecutions, that it is in the power of some of their officers to make statements in the manner that I have described, then to obtain the names of great lawyers, and under their sanction to carry the accused through the world as acquitted.

These are the material circumstances which will be submitted to your Lordships' sober consideration in the course of this inquiry. I have now stated them on these two accounts: first, to rebut the reason which Mr. Hastings has assigned for not giving any satisfaction to the Court of Directors, namely, because they did not want it, having dropped a prosecution upon great authorities and opinions; and next, to show your Lordships how a business begun in bribery is to be supported only by fraud, deceit, and collusion, and how the receiving of bribes by a Governor-General of Bengal tends to taint the whole service from beginning to end, both at home and abroad.

But though upon the partial case that was presented to them these great lawyers did not advise a prosecution, and though even upon a full representation of a case a lawyer might think that a man ought not to be prosecuted, yet he may consider him to be the vilest man upon earth. We know men are acquitted in the great tribunals in which several Lords of this country have presided, and who perhaps ought not to have been brought there and prosecuted before them, and yet about whose delinquency there could be no doubt. But though we have here sufficient reason to justify the great lawyers whose names and authorities are produced, yet Mr. Hastings has extended that authority beyond the length of their opinions. For, being no longer under the terror of the law, which, he said, restrained him from making his defence, he was then bound to give that satisfaction to his masters and the world which every man in honor is bound to do, when a grave accusation is brought against him. But this business of the law I wish to sleep from this moment, till the time when it shall come before you; though I suspect, and have had reason (sitting in committees in the House of Commons) to believe, that there was in the India House a bond of iniquity, somewhere or other, which was able to impose in the first instance upon the solicitor, the guilt of which, being of another nature, I shall state hereafter, that your Lordships may be able to discover through whose means and whose fraud Mr. Hastings obtained these opinions.

If, however, all the great lawyers had been unanimous upon that occasion, still it would have been necessary for Mr. Hastings to say, "I cannot, according to my opinion, be brought to give an account in a court of justice, and I have got great lawyers to declare, that, upon the case laid before them, they cannot advise a prosecution; but now is the time for me to come forward, and, being no longer in fear that my defence may be turned against me, I will produce my defence for the satisfaction of my masters and the vindication of my own character." But besides this doubtful opinion (for I believe your Lordships will find it no better than a doubtful opinion) given by persons for whom I have the highest honor, and given with a strong censure upon the state of the case, there were also some great lawyers, men of great authority in the kingdom, who gave a full and decided opinion that a prosecution ought to be instituted against him; but the Court of Directors decided otherwise, they overruled those opinions, and acted upon the opinions in favor of Mr. Hastings. When, therefore, he knew that the great men in the law were divided upon the propriety of a prosecution, but that the Directors had decided in his favor, he was the more strongly bound to enter into a justification of his conduct.

But there was another great reason which should have induced him to do this. One great lawyer, known to many of your Lordships, Mr. Sayer, a very honest, intelligent man, who had long served the Company and well knew their affairs, had given an opinion concerning Mr. Hastings's conduct in stopping these prosecutions. There was an abstract question put to Mr. Sayer, and other great lawyers, separated from many of the circumstances of this business, concerning a point which incidentally arose; and this was, whether Mr. Hastings, as Governor-General, had a power so to dissolve the Council, that, if he declared it dissolved, they could not sit and do any legal and regular act. It was a great question with the lawyers at the time, and there was a difference of opinion on it. Mr. Sayer was one of those who were inclined to be of opinion that the Governor-General had a power of dissolving the Council, and that the Council could not legally sit after such dissolution. But what was his remark upon Mr. Hastings's conduct?—and you must suppose his remark of more weight, because, upon the abstract question, he had given his opinion in favor of Mr. Hastings's judgment. "The meeting of the Council depends on the pleasure of the Governor; and I think the duration of it must do so, too. But it was as great a crime to dissolve the Council upon base and sinister motives as it would be to assume the power of dissolving, if he had it not. I believe he is the first Governor that ever dissolved a Council inquiring into his behavior, when he was innocent. Before he could summon three Councils and dissolve them, he had time fully to consider what would be the result of such conduct, to convince everybody, beyond a doubt, of his conscious guilt."

Mr. Sayer, then, among other learned people, (and if he had not been the man that I have described, yet, from his intimate connection with the Company, his opinion must be supposed to have great weight,) having used expressions as strong as the persons who have ever criminated Mr. Hastings most for the worst of his crimes have ever used to qualify and describe them, and having ascribed his conduct to base and sinister motives, he was bound upon that occasion to justify that strong conduct, allowed to be legal, and charged at the same time to be violent. Mr. Hastings was obliged then to produce something in his justification. He never did. Therefore, for all the reasons assigned by himself, drawn from the circumstances of prosecution and non-prosecution, and from opinions of lawyers and colleagues, the Court of Directors at the same time censuring his conduct, and strongly applauding the conduct of those who were adverse to him, Mr. Hastings was, I say, from those accumulated circumstances, bound to get rid of the infamy of a conduct which could be attributed to nothing but base and sinister motives, and which could have no effect but to convince men of his consciousness that he was guilty. From all these circumstances I infer that no man could have endured this load of infamy, and to this time have given no explanation of his conduct, unless for the reason which this learned counsel gives, and which your Lordships and the world will give, namely, his conscious guilt.

After leaving upon your minds that presumption, not to operate without proof, but to operate along with the proof, (though, I take it, there are some presumptions that go the full length of proof,) I shall not press it to the length to which I think it would go, but use it only as auxiliary, assisting, and compurgatory of all the other evidences that go along with it.

There is another circumstance which must come before your Lordships in this business. If you find that Mr. Hastings has received the two lac of rupees, then you will find that he was guilty, without color or pretext of any kind whatever, of acting in violation of his covenant, of acting in violation of the laws, and all the rules of honor and conscience. If you find that he has taken the lac and a half, which he admits, but which he justifies under the pretence of an entertainment, I shall beg to say something to your Lordships concerning that justification.

The justification set up is, that he went up from Calcutta to Moorshedabad, and paid a visit of three months, and that there an allowance was made to him of two hundred pounds a day in lieu of an entertainment. Now, my Lords, I leave it to you to determine, if there was such a custom, whether or no his covenant justifies his conformity with it. I remember Lord Coke, talking of the Brehon law in Ireland, says it is no law, but a lewd custom. A governor is to conform himself to the laws of his own country, to the stipulations of those that employ him, and not to the lewd customs of any other country: those customs are more honored in the breach than in the observance. If Mr. Hastings was really feasted and entertained with the magnificence of the country, if there was an entertainment of dancing-girls brought out to amuse him in his leisure hours, if he was feasted with the hookah and every other luxury, there is something to be said for him, though I should not justify a Governor-General wasting his days in that manner. But in fact here was no entertainment that could amount to such a sum; and he has nowhere proved the existence of such a custom.

But if such a custom did exist, which I contend is more honored in the breach than in the observance, that custom is capable of being abused to the grossest extortion; and that it was so abused will strike your Lordships' minds in such a manner that I hardly need detail the circumstances of it. What! two hundred pounds to be given to a man for one day's entertainment? If there is an end of it there, it ruins nobody, and cannot be supposed, to a great degree, to corrupt anybody; but when that entertainment is renewed day after day for three months, it is no longer a compliment to the man, but a great pecuniary advantage, and, on the other hand, to the person giving it, a grievous, an intolerable burden. It then becomes a matter of the most serious and dreadful extortion, tending to hinder the people who give it not only from giving entertainment, but from having bread to eat themselves. Therefore, if any such entertainment was customary, the custom was perverted by the abuse of its being continued for three months together. It was longer than Ahasuerus's feast. There is a feast of reason and a flow of soul; but Mr. Hastings's feast was a feast of avarice and a flow of money. No wonder he was unwilling to rise from such a table: he continued to sit at that table for three months.

In his covenant he is forbidden expressly to take any allowance above 400l., and forbidden to take any allowance above 100l., without the knowledge, consent, and approbation of the Council to which he belongs. Now he takes 16,000l., not only without the consent of the Council, but without their knowledge,—without the knowledge of any other human being: it is kept hid in the darkest and most secret recesses of his own black agents and confidants, and those of Munny Begum. Why is it a secret? Hospitality, generosity, virtues of that kind, are full of display; there is an ostentation, a pomp, in them; they want to be shown to the world, not concealed. The concealment of acts of charity is what makes them acceptable in the eyes of Him with regard to whom there can be no concealment; but acts of corruption are kept secret, not to keep them secret from the eye of Him, whom the person that observes the secrecy does not fear, nor perhaps believe in, but to keep them secret from the eyes of mankind, whose opinions he does fear, in the immediate effect of them, and in their future consequences. Therefore he had but one reason to keep this so dark and profound a secret, till it was dragged into day in spite of him; he had no reason to keep it a secret, but his knowing it was a proceeding that could not bear the light. Charity is the only virtue that I ever heard of that derives from its retirement any part of its lustre; the others require to be spread abroad in the face of day. Such candles should not be hid under a bushel, and, like the illuminations which men light up when they mean to express great joy and great magnificence for a great event, their very splendor is a part of their excellence. We upon our feasts light up this whole capital city; we in our feasts invite all the world to partake them. Mr. Hastings feasts in the dark; Mr. Hastings feasts alone; Mr. Hastings feasts like a wild beast; he growls in the corner over the dying and the dead, like the tigers of that country, who drag their prey into the jungles. Nobody knows of it, till he is brought into judgment for the flock he has destroyed. His is the entertainment of Tantalus; it is an entertainment from which the sun hid his light.

But was it an entertainment upon a visit? Was Mr. Hastings upon a visit? No: he was executing a commission for the Company in a village in the neighborhood of Moorshedabad, and by no means upon a visit to the Nabob. On the contrary, he was upon something that might be more properly called a visitation. He came as a heavy calamity, like a famine or a pestilence on a country; he came there to do the severest act in the world,—as he himself expresses, to take the bread, literally the bread, from above a thousand of the nobles of the country, and to reduce them to a situation which no man can hear of without shuddering. When you consider, that, while he was thus entertained himself, he was famishing fourteen hundred of the nobility and gentry of the country, you will not conceive it to be any extenuation of his crimes, that he was there, not upon a visit, but upon a duty, the harshest that could be executed, both to the persons who executed and the people who suffered from it.

It is mentioned and supposed in the observations upon this case, though no circumstances relative to the persons or the nature of the visit are stated, that this expense was something which he might have charged to the Company and did not. It is first supposed by the learned counsel who made the observation, that it was a public, allowed, and acknowledged thing; then, that he had not charged the Company anything for it. I have looked into that business. In the first place, I see no such custom; and if there was such a custom, there was the most abusive misemployment of it. I find that in that year there was paid from the Company's cash account to the Governor's travelling charges (and he had no other journey at that end of the year) thirty thousand rupees, which is about 3,000l.; and when we consider that he was in the receipt of near 30,000l., besides the nuzzers, which amount to several thousand a year, and that he is allowed 3,000l. by the Company for his travelling expenses, is it right to charge upon the miserable people whom he was defrauding of their bread 16,000l. for his entertainment?

I find that there are also other great sums relative to the expenses of the Committee of Circuit, which he was upon. How much of them is applicable to him I know not. I say, that the allowance of three thousand pounds was noble and liberal; for it is not above a day or two's journey to Moorshedabad, and by his taking his road by Kishenagur he could not be longer. He had a salary to live upon, and he must live somewhere; and he was actually paid three thousand pounds for travelling charges for three months, which was at the rate of twelve thousand pounds a year: a large and abundant sum.

If you once admit that a man for an entertainment shall take sixteen thousand pounds, there never will be any bribe, any corruption, that may not be justified: the corrupt man has nothing to do but to make a visit, and then that very moment he may receive any sum under the name of this entertainment; that moment his covenants are annulled, his bonds and obligations destroyed, the act of Parliament repealed, and it is no longer bribery, it is no longer corruption, it is no longer peculation; it is nothing but thanks for obliging inquiries, and a compliment according to the mode of the country, by which he makes his fortune.

What hinders him from renewing that visit? If you support this distinction, you will teach the Governor-General, instead of attending his business at the capital, to make journeys through the country, putting every great man of that country under the most ruinous contributions; and as this custom is in no manner confined to the Governor-General, but extends, as it must upon that principle, to every servant of the Company in any station whatever, then, if each of them were to receive an entertainment, I will venture to say that the greatest ravage of an hostile army could not, indeed, destroy the country more entirely than the Company's servants by such visits.

Your Lordships will see that there are grounds for suspicion, not supported with the same evidence, but with evidence of great probability, that there was another entertainment given at the expense of another lac of rupees; and there is also great probability that Mr. Hastings received two lac of rupees, and Mr. Middleton another lac. The whole of the Nabob's revenues would have been exhausted by these two men, if they had stayed there a whole year: and they stayed three months. Nothing will be secured from the Company's servants, so long as they can find, under this name, or under pretence of any corrupt custom of the country, a vicious excuse for this corrupt practice. The excuse is worse than the thing itself. I leave it, then, with your judgment to decide whether you will or not, if this justification comes before you, establish a principle which would put all Bengal in a worse situation than an hostile army could do, and ruin all the Company's servants by sending them from their duty to go round robbing the whole country under the name of entertainments.

My Lords, I have now done with this first part,—namely, the presumption arising from his refusal to make any defence, on pretence that the charge brought against him might be referred to a court of justice, and from the non-performance of his promise to give satisfaction to his employers,—and when that pretence was removed, still refusing to give that satisfaction, though suffering as he did under a load of infamy and obloquy, and though urged to give it by persons of the greatest character. I have stated this to your Lordships as the strongest presumption of guilt, and that this presumption is strengthened by the very excuse which he fabricated for a part of his bribes, when he knew that the proof of them was irresistible, and that this excuse is a high aggravation of his guilt,—that this excuse is not supported by law, that it is not supported by reason, that it does not stand with his covenant, but carries with it a manifest proof of corruption, and that it cannot be justified by any principle, custom, or usage whatever. My Lords, I say I have done with the presumption arising from his conduct as it regarded the fact specifically charged against him, and with respect to the relation he stood in to the Court of Directors, and from the attempt he made to justify that conduct. I believe your Lordships will think both one and the other strong presumptions of his criminality, and of his knowledge that the act he was doing was criminal.

I have another fact to lay before your Lordships, which affords a further presumption of his guilt, and which will show the mischievous consequences of it; and I trust your Lordships will not blame me for going a little into it. Your Lordships know we charge that the appointment of such a woman as Munny Begum to the guardianship of the Nabob, to the superintendency of the civil justice of the country, and to the representation of the whole government, was made for no other purpose than that through this corrupt woman sixteen thousand pounds a year, the whole tattered remains of the Nabob's grandeur, might be a prey to Mr. Hastings: it could be for no other. Now your Lordships would imagine, that, after this, knowing he was already grievously suspected, he would have abstained from giving any further ground for suspicion by a repetition of the same acts through the same person; as no other reason could be furnished for such acts, done directly contrary to the order of his superiors, but that he was actuated by the influence of bribery. Your Lordships would imagine, that, when this Munny Begum was removed upon a charge of corruption, Mr. Hastings would have left her quiet in tranquil obscurity, and that he would no longer have attempted to elevate her into a situation which furnished against himself so much disgrace and obloquy to himself, and concerning which he stood charged with a direct and positive act of bribery. Your Lordships well know, that, upon the deposition of that great magistrate, Mahomed Reza Khân, this woman was appointed to supply his place. The Governor-General and Council (the majority of them being then Sir John Clavering, Colonel Monson, and Mr. Francis) had made a provisional arrangement for the time, until they should be authorized to fill up the place in a proper manner. Soon after, there came from Europe a letter expressing the satisfaction which the Court of Directors had received in the acquittal of Mahomed Reza Khân, expressing a regard for his character, an high opinion of his abilities, and a great disposition to make him some recompense for his extreme sufferings; and accordingly they ordered that he should be again employed. Having no exact ideas of the state of employments in that country, they made a mistake in the specific employment for which they named him; for, being a Mahometan, and the head of the Mahometans in that country, he was named to an office which must be held by a Gentoo. But the majority I have just named, who never endeavored by any base and delusive means to fly from their duty, or not to execute it at all, because they were desired to execute it in a way in which they could not execute it, followed the spirit of the order; and finding that Mahomed Reza Khân, before his imprisonment and trial, had been in possession of another employment, they followed the spirit of the instructions of the Directors and replaced him in that employment: by which means there was an end put to the government of Munny Begum, the country reverted to its natural state, and men of the first rank in the country were placed in the first situations in it. The seat of judicature was filled with wisdom, gravity, and learning, and Munny Begum sunk into that situation into which a woman who had been engaged in the practices that she had been engaged in naturally would sink at her time of life. Mr. Hastings resisted this appointment. He trifled with the Company's orders on account of the letter of them, and endeavored to disobey the spirit of them. However, the majority overbore him; they put Mahomed Reza Khân into his former situation; and as a proof and seal to the honor and virtue of their character, there was not a breath of suspicion that they had any corrupt motive for this conduct. They were odious to many of the India House here; they were odious to that corrupt influence which had begun and was going on to ruin India; but in the face of all this odium, they gave the appointment to Mahomed Reza Khân, because the act contained in itself its own justification. Mr. Hastings made a violent protest against it, and resisted it to the best of his power, always in favor of Munny Begum, as your Lordships will see. Mr. Hastings sent this protest to the Directors; but the Directors, as soon as the case came before them, acknowledged their error, and praised the majority of the Council, Sir John Clavering, Colonel Monson, and Mr. Francis, for the wise and honorable part they had taken upon the occasion, by obeying the spirit and not the letter,—commended the act they had done,—confirmed Mahomed Reza Khân in his place,—and to prevent that great man from being any longer the sport of fortune, any longer the play of avarice between corrupt governors and dancing-girls, they gave him the pledged faith of the Company that he should remain in that office as long as his conduct deserved their protection: it was a good and an honorable tenure. My Lords, soon afterwards there happened two lamentable deaths,—first of Colonel Monson, afterwards of General Clavering. Thus Mr. Hastings was set loose: there was an inspection and a watch upon his conduct, and no more. He was then just in the same situation in which he had stood in 1772. What does he do? Even just what he did in 1772. He deposes Mahomed Reza Khân, notwithstanding the Company's orders, notwithstanding their pledged faith; he turns him out, and makes a distribution of two lacs and a half of rupees, the salary of that great magistrate, in the manner I will now show your Lordships. He made an arrangement consisting of three main parts: the first was with regard to the women, the next with regard to the magistracy, the last with regard to the officers of state of the household.

The first person that occurred to Mr. Hastings was Munny Begum; and he gave her, not out of that part of the Nabob's allowance which was to support the seraglio, but out of the allowance of this very magistrate, just as if such a thing had been done here out of the salary of a Lord Chancellor or a Lord Chief-Justice,—out of these two lacs and a half of rupees, that is, about twenty-four or twenty-five thousand pounds a year, he ordered an allowance to be made to Munny Begum of 72,000 rupees per annum, or 7,200l. a year; for the Nabob's own mother, whom he thrust, as usual, into a subordinate situation, he made an allowance of 3,000l.; to the Sudder ul Huk Khân, which is, translated into English, the Lord Chief-Justice, he allowed the same sum that he did to the dancing-girl, (which was very liberal in him, and I am rather astonished to find it,) namely, 7,200l. a year. And who do you think was the next public officer he appointed? It was the Rajah Gourdas, the son of Nundcomar, and whose testimony he has attempted both before and since this occasion to weaken. To him, however, he gave an employment of 6,000l. a year, as if to make through the son some compensation to the manes of the father. And in this manner he distributes, with a wild and liberal profusion, between magistrates and dancing-girls, the whole spoil of Mahomed Reza Khân, notwithstanding the Company's direct and positive assurance given to him. Everything was done, at the same time, to put, as it was before, into the hands of this dancing-girl the miserable Nabob's whole family; and that the fund for corruption might be large enough, he did not take the money for this dancing-girl out of the Nabob's separate revenue, of which he and the dancing-girl had the private disposal between them.

Now upon what pretence did he do all this? The Nabob had represented to Mr. Hastings that he was now of age,—that he was an independent, sovereign prince,—that, being independent and sovereign in his situation, and being of full age, he had a right to manage his own concerns himself; and therefore he desired to be admitted to that management. And, indeed, my Lords, ostensibly, and supposing him to have been this independent prince, and that the Company had no authority or had never exercised any authority over him through Mr. Hastings, there might be a good deal said in favor of this request. But what was the real state of the case? The Nabob was a puppet in the hands of Mr. Hastings and Munny Begum; and you will find, upon producing the correspondence, that he confesses that she was the ultimate object and end of this request.

I think this correspondence, wherein a son is made to petition, in his own name, for the elevation of a dancing-girl, his step-mother, above himself and everybody else, will appear to your Lordships such a curiosity as, I believe, is not to be found in the state correspondence of the whole world. The Nabob begins thus:—"The excellency of that policy by which her Highness the Begum" (meaning Munny Begum) "(may her shadow be far extended!) formerly, during the time of her administration, transacted the affairs of the nizamut in the very best and most advantageous manner, was, by means of the delusions of enemies disguised under the appearance of friends, hidden from me. Having lately seriously reflected on my own affairs, I am convinced that it was the effect of maternal affection, was highly proper, and for my interest,—and that, except the said Begum is again invested with the administration, the regulation and prosperity of this family, which is in fact her own, cannot be effected. For this cause, from the time of her suspension until now, I have passed my time, and do so still, in great trouble and uneasiness. As all affairs, and particularly the happiness and prosperity of this family, depend on your pleasure, I now trouble you, in hopes that you, likewise concurring in this point, will be so kind as to write in fit and proper terms to her Highness the Begum, that she will always, as formerly, employ her authority in the administration of the nizamut and the affairs of this family."

This letter, my Lords, was received upon the 23d of August; and your Lordships may observe two things in it: first, that, some way or other, this Nabob had been (as the fact was) made to express his desire of being released from his subjection to the Munny Begum, but that now he has got new lights, all the mists are gone, and he now finds that Munny Begum is not only the fittest person to govern him, but the whole country. This young man, whose incapacity is stated, and never denied, by Mr. Hastings, and by Lord Cornwallis, and by all the rest of the world who know him, begins to be charmed with the excellency of the policy of Munny Begum. Such is his violent impatience, such the impossibility of his existing an hour but under the government of Munny Begum, that he writes again on the 25th of August, (he had really the impatience of a lover,) and within five days afterwards writes again,—so impatient, so anxious and jealous is this young man to be put under the government of an old dancing-woman. He is afraid lest Mr. Hastings should imagine that some sinister influence had prevailed upon him in so natural and proper a request. He says, "Knowing it for my interest and advantage that the administration of the affairs of the nizamut should be restored to her Highness the Munny Begum, I have already troubled you with my request, that, regarding my situation with an eye of favor, you will approve of this measure. I am credibly informed that some one of my enemies, from selfish views, has, for the purpose of oversetting this measure, written you that the said Begum procured from me by artifice the letter I wrote you on this subject. This causes me the greatest astonishment. Please to consider, that artifice and delusion are confined to cheats and impostors, and can never proceed from a person of such exalted rank, who is the head and patron of all the family of the deceased Nabob, my father,—and that to be deluded, being a proof of weakness and folly, can have no relation to me, except the inventor of this report considers me as void of understanding, and has represented me to the gentlemen as a blockhead and an idiot. God knows how harshly such expressions appear to me; but, as the truth or falsehood has not yet been fully ascertained, I have therefore suspended my demand of satisfaction. Should it be true, be so kind as to inform me of it, that the person may be made to answer for it."

My Lords, here is a very proper demand. The Nabob is astonished at the suspicion, that such a woman as Munny Begum, whose trade in youth had been delusion, should be capable of deluding anybody. Astonishing it certainly was, that a woman who had been a deluder in youth should be suspected to be the same in old age, and that he, a young man, should be subject to her artifices. "They must suspect me to be a great blockhead," he says, "if a man of my rank is to be deluded." There he forgot that it is the unhappy privilege of great men to be cheated, to be deluded, much more than other persons; but he thought it so impossible in the case of Munny Begum, that he says, "Produce me the traitor that could suppose it possible for me to be deluded, when I call for this woman as the governor of the country. I demand satisfaction." I rather wonder that Mr. Hastings did not inform him who it was that had reported so gross and improbable a tale, and deliver him up to the fury of the Nabob.

Mr. Hastings is absolutely besieged by him; for he receives another letter upon the 3d of September. Here are four letters following one another quick as post expresses with horns sounding before them. "Oh, I die, I perish, I sink, if Munny Begum is not put into the government of the country!—I therefore desire to have her put into the government of the country, and that you will not keep me longer in this painful suspense, but will be kindly pleased to write immediately to the Munny Begum, that she take on herself the administration of the affairs of the nizamut, which is, in fact, her own family, without the interference of any other person whatever: by this you will give me complete satisfaction." Here is a correspondence more like an amorous than a state correspondence. What is this man so eager about, what in such a rage about, that he cannot endure the smallest delay of the post with common patience? Why, lest this old woman (who is not his mother, and with whom he had no other tie of blood) should not be made mistress of himself and the whole country! However, in a very few months afterwards he himself is appointed by Mr. Hastings to the government; and you may easily judge by the preceding letters who was to govern. It would be an affront to your Lordships' judgment to attempt to prove who was to govern, after he had desired to put the whole government of affairs into the hands of Munny Begum.

Now, Munny Begum having obtained this salary, and being invested with this authority, and made in effect the total and entire governor of the country, as I have proved by the Nabob's letters, let us see the consequences of it; and then I desire to know whether your Lordships can believe that in all this haste, which, in fact, is Mr. Hastings's haste and impatience, (for we shall prove that the Nabob never did or could take a step but by his immediate orders and directions,)—whether your Lordships can believe that Mr. Hastings would incur all the odium attending such transactions, unless he had some corrupt consideration.

My Lords, very soon after these appointments were made, consisting of Munny Begum at the head of the affairs, the Lord Chief-Justice under her, and under her direction, and Rajah Gourdas as steward of the household, the first thing we hear is, just what your Lordships expect to hear upon such a case, that this unfortunate chief-justice, who was a man undoubtedly of but a poor, low disposition, but, I believe, a perfectly honest, perfectly well-intentioned man, found it absolutely impossible for him to execute his office under the direction of Munny Begum; and accordingly, in the month of September following, he sends a complaint to Mr. Hastings, "that certain bad men had gained an ascendency over the Nabob's temper, by whose instigation he acts." After complaining of the slights he receives from the Nabob, he adds, "Thus they cause the Nabob to treat me, sometimes with indignity, at others with kindness, just as they think proper to advise him: their view is, that, by compelling me to displeasure at such unworthy treatment, they may force me either to relinquish my station, or to join with them, and act by their advice, and appoint creatures of their recommendation to the different offices, from which they might draw profit to themselves." This is followed by another letter, in which he shows who those corrupt men were that had gained the ascendency over the Nabob's temper,—namely, the eunuchs of Munny Begum: one of them her direct instrument in bribery with Mr. Hastings. What you would expect from such a state of things accordingly happened. Everything in the course of justice was confounded; all official responsibility destroyed; and nothing but a scene of forgery, peculation, and knavery of every kind and description prevailed through the country, and totally disturbed all order and justice in it. He says, "The Begum's ministers, before my arrival, with the advice of their counsellors, caused the Nabob to sign a receipt, in consequence of which they received at two different times near fifty thousand rupees, in the name of the officers of the Adawlut, Foujdarry, &c., from the Company's circar; and having drawn up an account-current in the manner they wished, they got the Nabob to sign it, and then sent it to me." In the same letter he asserts "that these people have the Nabob entirely in their power."

My Lords, you see here Mr. Hastings enabling the corrupt eunuchs of this wicked old woman to draw upon the Company's treasury at their pleasure, under forged papers of the Nabob, for just such moneys as they please, under the name and pretence of giving it to the officers of justice, but which they distribute among themselves as they think fit. This complaint was soon followed by another, and they furnish, first, the strongest presumptive proof of the corrupt motives of Mr. Hastings; and, secondly, they show the horrible mischievous effects of his conduct upon the country.

In consequence of the first complaint, Mr. Hastings directs this independent Nabob not to concern himself any longer with the Foujdarry. The Nabob, who had before declared that the superintendence of all the offices belonged to him, and was to be executed by himself, or under his orders, instantly obeys Mr. Hastings, and declares he will not interfere in the business of the courts any more. Your Lordships will observe further that the complaint is not against the Nabob, but against the creatures and the menial servants of Munny Begum: and yet it is the Nabob he forbids to interfere in this business; of the others he takes no notice; and this is a strong proof of the corrupt dealings of Mr. Hastings with this woman. When the whole country was fallen into confusion under the administration of this woman, and under her corrupt ministers, men base-born and employed in the basest offices, (the men of the household train of the women of rank in that country are of that description,) he writes to the Nabob again, and himself confesses the mischiefs that had arisen from his corrupt arrangements.

"At your Excellency's request, I sent Sudder ul Huk Khân to take on him the administration of the affairs of the Adawlut and Foujdarry, and hoped by that means not only to have given satisfaction to your Excellency, but that through his abilities and experience these affairs would have been conducted in such manner as to have secured the peace of the country and the happiness of the people; and it is with the greatest concern I learn that this measure is so far from being attended with the expected advantages, that the affairs both of the Foujdarry and Adawlut are in the greatest confusion imaginable, and daily robberies and murders are perpetrated throughout the country. This is evidently owing to the want of a proper authority in the person appointed to superintend them. I therefore addressed your Excellency on the importance and delicacy of the affairs in question, and of the necessity of lodging full power in the hands of the person chosen to administer them. In reply to which your Excellency expressed sentiments coincident with mine. Notwithstanding which, your dependants and people, actuated by selfish and avaricious views, have by their interference so impeded the business as to throw the whole country into a state of confusion, from which nothing can retrieve it but an unlimited power lodged in the hands of the superintendent. I therefore request that your Excellency will give the strictest injunctions to all your dependants not to interfere in any manner with any matter relative to the affairs of the Adawlut and Foujdarry, and that you will yourself relinquish all interference therein, and leave them entirely to the management of Sudder ul Huk Khân. This is absolutely necessary to restore the country to a state of tranquillity."

My Lords, what evidence do we produce to your Lordships of the consequences of Mr. Hastings's corrupt measures? His own. He here gives you the state into which the country was thrown by the criminal interference of the wicked woman whom he had established in power, totally superseding the regular judicial authority of the country, and throwing everything into confusion. As usual, there is such irregularity in his conduct, and his crimes are so multiplied, that all the contrivances of ingenuity are unable to cover them. Now and then he comes and betrays himself; and here he confesses you his own weakness, and the effects of his own corruption: he had appointed Munny Begum to this office of power, he dare not say a word to her upon her abuse of it, but he lays the whole upon the Nabob. When the Chief-Justice complains that these crimes were the consequence of Munny Begum's interference, and were committed by her creatures, why did he not say to the Nabob, "The Begum must not interfere; the Begum's eunuchs must not interfere"? He dared not: because that woman had concealed all the bribes but one from public notice to gratify him; she and Yatibar Ali Khân, her minister, who had the principal share in this destruction of justice and perversion of all the principal functions of government, had it in their power to discover the whole. Mr. Hastings was obliged, in consequence of that concealment, to support her and to support him. Every evil principle was at work. He bought a mercenary silence to pay the same back to them. It was a wicked silence, the concealment of their common guilt. There was at once a corrupt gratitude operating mutually by a corrupt influence on both, and a corrupt fear influencing the mind of Mr. Hastings, which did not permit him to put an end to this scene of disorder and confusion, bought at the expense of twenty-four thousand pounds a year to the Company. You will hereafter see what use he makes of the evidence of Yatibar Ali Khân, and of this woman, for concealing their guilt.

Your Lordships will observe that the virtuous majority, whose reign was but short, and two of whom died of grief and vexation under the impediments which they met with from the corruptions and oppositions of Mr. Hastings, (their indirect murderer,—for it is well known to the world that their hearts were thus broken,) put their conduct out of all suspicion. For they ordered an exact account to be kept by Mahomed Reza Khân,—though, certainly, if any person in the country could be trusted, he, upon his character, might; but they did not trust him, because they knew the Company did not suffer them to trust any man: they ordered an exact account to be kept by him of the Nabob's expenses, which finally must be the Company's expenses; they ordered the account to be sent down yearly, to be controlled, if necessary, whilst the means of control existed.—What was Mr. Hastings's conduct? He did not give the persons whom he appointed any order to produce any account, though their character and circumstances were such as made an account ten thousand times more necessary from them than from those from whom it had been in former times by the Company strictly exacted. So that his not ordering any account to be given of the money that was to be expended leaves no doubt that the appointment of Munny Begum was in pursuance of his old system of bribery, and that he maintained her in office, to the subversion of public justice, for the purpose of robbing, and of continuing in the practice of robbing, the country.

But though this continued longer than was for the good of the country, yet it did not continue absolutely and relatively long; because the Court of Directors, as soon as they heard of this iniquitous appointment, which glared upon them in all the light of its infamy, immediately wrote the strongest, the most decided, and the most peremptory censure upon him, attributing his acts, every one of them, to the same causes to which I attribute them. As a proof that the Court of Directors saw the thing in the very light in which I represent it to your Lordships, and indeed in which every one must see it, you will find that they reprobate all his idle excuses,—that they reprobate all the actors in the scene,—that they consider everything to have been done, not by the Nabob, but by himself,—that the object of the appointment of Munny Begum was money, and that the consequence of that appointment was the robbery of the Nabob's treasury. "We by no means approve your late proceedings, on the application of the Nabob Mobarek ul Dowlah for the removal of the Naib Subahdar. The requisition of Mobarek ul Dowlah was improper and unfriendly; because he must have known that the late appointment of Mahomed Reza Khân to the office of Naib Subahdar had been marked with the Company's special approbation, and that the Court of Directors had assured him of their favor so long as a firm attachment to the Company's interest and a proper discharge of the duties of his station should render him worthy of their protection. We therefore repeat our declaration, that to require the dismission of a prime-minister thus circumstanced, without producing the smallest proof of his infidelity to the Company, or venturing to charge him with one instance of maladministration in the discharge of his public duty, was improper and inconsistent with the friendship subsisting between the Nabob of Bengal and the Company." And further on they say,—"The Nabob having intimated that he had repeatedly stated the trouble and uneasiness which he had suffered from the naibship of the nizamut being vested in Mahomed Reza Khân, we observe one of the members of your board desired the Nabob's repeated letters on the subject might be read, but this reasonable request was overruled, on a plea of saving the board's time, which we can by no means admit as a sufficient objection. The Nabob's letters of the 25th and 30th August, of the 3d September and 17th November, leave us no doubt of the true design of this extraordinary business being to bring forward Munny Begum, and again to invest her with improper power and influence, notwithstanding our former declaration, that so great a part of the Nabob's allowance had been embezzled or misapplied under her superintendence."

At present I do not think it necessary, because it would be doing more than enough, it would be slaying the slain, to show your Lordships what Mr. Hastings's motives were in acting against the sense of the East India Company, appointed by an act of Parliament to control him,—that he did it for a corrupt purpose, that all his pretences were false and fraudulent, and that he had his own corrupt views in the whole of the proceeding. But in the statement which I have given of this matter, I beg your Lordships to observe the instruments with which Mr. Hastings acts. The great men of that country, and particularly the Subahdar himself, the Nabob, are and is in so equivocal a situation, that it afforded him two bolting-holes, by which he is enabled to resist the authority of the Company, and exercise an arbitrary authority of his own: for, though the Nabob has the titles of high sovereignty, he is the lowest of all dependants; he appears to be the master of the country,—he is a pensioner of the Company's government.

When Mr. Hastings wants him to obey and answer his corrupt purposes, he finds him in the character of a pensioner: when he wants his authority to support him in opposition to the authority of the Company, immediately he invests him with high sovereign powers, and he dare not execute the orders of the Company for fear of doing some act that will make him odious in the eyes of God and man. We see how he appointed all officers for him, and forbade his interference in all affairs. When the Company see the impropriety and the guilt of these acts, and order him to rescind them, and appoint again Mahomed Reza Khân, he declares he will not, that he cannot do it in justice, but that he will consent to send him the order of the Company, but without backing it with any order of the board: which, supposing even there had been no private communication, was, in other words, commanding him to disobey it. So this poor man, who a short time before was at the feet of Mr. Hastings, whom Mr. Hastings declared to be a pageant, and swore in a court of justice that he was but a pageant, and followed that affidavit with long declarations in Council that he was a pageant in sovereignty, and ought in policy ever to be held out as such,—this man he sets up in opposition to the Company, and refuses to appoint Mahomed Reza Khân to the office which was guarantied to him by the express faith of the Company, pledged to his support. Will any man tell me that this resistance, under such base, though plausible pretences, could spring from any other cause than a resolution of persisting systematically in his course of corruption and bribery through Munny Begum?

But there is another circumstance that puts this in a stronger light. He opposes the Nabob's mock authority to the authority of the Company, and leaves Mahomed Reza Khân unemployed, because, as he says, he cannot in justice execute orders from the Company (though they are his undoubted masters) contrary to the rights of the Nabob. You see what the rights of the Nabob were: the rights of the Nabob were, to be governed by Munny Begum and her scandalous ministers. But, however, we now see him exalted to be an independent sovereign; he defies the Company at the head of their armies and their treasury; that name that makes all India shake was defied by one of its pensioners. My Lords, human greatness is an unstable thing. This man, so suddenly exalted, was as soon depressed; and the manner of his depression is as curious as that of his exaltation by Mr. Hastings, and will tend to show you the man most clearly.

Mr. Francis, whose conduct all along was directed by no other principles than those which were in conformity with the plan adopted by himself and his virtuous colleagues, namely, an entire obedience to the laws of his country, and who constantly had opposed Mr. Hastings, upon principles of honor, and principles of obedience to the authority of the Company under which he acted, had never contended for any one thing, in any way, or in any instance, but obedience to them, and had constantly asserted that Mahomed Reza Khân ought to be put into employment. Mr. Hastings as constantly opposed him; and the reason he gave for it was, that it was against the direct rights of the Nabob, and that they were rights so sacred that they could not be infringed even by the sovereign authority of the Company ordering him to do it. He had so great an aversion to the least subtraction of the Nabob's right, that, though expressly commanded by the Court of Directors, he would not suffer Mahomed Reza Khân to be invested with his office under the Company's authority. The Nabob was too sovereign, too supreme, for him to do it. But such is the fate of human grandeur, that a whimsical event reduced the Nabob to his state of pageant again, and made him the mere subject of—you will see whom. Mr. Hastings found he was so embarrassed by his disobedience to the spirit of the orders of the Company, and by the various wild projects he had formed, as to make it necessary for him, even though he had a majority in the Council, to gain over at any price Mr. Francis. Mr. Francis, frightened by the same miserable situation of affairs, (for this happened at a most dangerous period,—the height of the Mahratta war,) was willing likewise to give up his opposition to Mr. Hastings, to suspend the execution of many rightful things, and to concede them to the public necessity. Accordingly he agreed to terms with Mr. Hastings. But what was the price of that concession? Any base purpose, any desertion of public duty? No: all that he desired of Mr. Hastings was, that he should obey the orders of the Company; and among other acts of the obedience required was this, that Mahomed Reza Khân should be put into his office.

You have heard how Mr. Hastings opposed the order of the Company, and on what account he opposed it. On the 1st of September he sent an order to the Nabob, now become his subject, to give up this office to Mahomed Reza Khân: an act which he had before represented as a dethroning of the Nabob. The order went on the 1st of September, and on the 3d this great and mighty prince, whom all earth could not move from the assertion of his rights, gives them all up, and Mahomed Reza Khân is invested with them. So there all his pretences were gone. It is plain that what had been done before was for Munny Begum, and that what he now gave up was from necessity: and it shows that the Nabob was the meanest of his servants; for in truth he ate his daily bread out of the hands of Mr. Hastings, through Munny Begum.

Mahomed Reza Khân was now invested again with his office; but such was the treachery of Mr. Hastings, that, though he wrote to the Nabob that this was done in consequence of the orders of the Company, he did clandestinely, according to his usual mode, assure the Nabob that Mahomed Reza Khân should not hold the place longer than till he heard from England. He then wrote him another letter, that he should hold it no longer than while he submitted to his present necessity, (thus giving up to his colleague what he refused to the Company,) and engaged, privately, that he would dismiss Mahomed Reza Khân again. And accordingly, the moment he thought Mr. Francis was not in a condition to give him trouble any longer, that moment he again turned out Mahomed Reza Khân from that general superintendence of affairs which the Company gave him, and deposed him as a minister, leaving him only a very confined authority as a magistrate.

All these changes, no less than four great revolutions, if I may so call them, were made by Mr. Hastings for his own corrupt purposes. This is the manner in which Mr. Hastings has played with the most sacred objects that man ever had a dealing with: with the government, with the justice, with the order, with the dignity, with the nobility of a great country: he played with them to satisfy his own wicked and corrupt purposes through the basest instrument.

Now, my Lords, I have done with these presumptions of corruption with Munny Begum, and have shown that it is not a slight crime, but that it is attended with a breach of public faith, with a breach of his orders, with a breach of the whole English government, and the destruction of the native government, of the police, the order, the safety, the security, and the justice of the country,—and that all these are much concerned in this cause. Therefore the Commons stand before the face of the world, and say, We have brought a cause, a great cause, a cause worthy the Commons of England to prosecute, and worthy the Lords to judge and determine upon.

I have now nothing further to state than what the consequences are of Mr. Hastings taking bribes,—that Mr. Hastings's taking of bribes is not only his own corruption, but the incurable corruption of the whole service. I will show, first, that he was named in 1773 to put an end to that corruption. I will show that he did not,—that he knowingly and willingly connived at it,—and that that connivance was the principal cause of all the disorders that have hitherto prevailed in that country. I will show you that he positively refused to obey the Company's order to inquire into and to correct the corruptions that prevailed in that country; next, that he established an avowed system of connivance, in order to gain over everything that was corrupt in the country; and that, lastly, to secure it, he gave up all the prosecutions, and enervated and took away the sole arm left to the Company for the assertion of authority and the preservation of good morals and purity in their service.

My Lords, here is a letter, in the year 1773, in which the Court of Directors had, upon his own representation, approved some part of his conduct. He is charmed with their approbation; he promises the greatest things; but I believe your Lordships will see, from the manner in which he proceeds at that very instant, that a more deliberate system, for not only being corrupt himself, but supporting corruption in others, never was exhibited in any public paper.

"While I indulge the pleasure which I receive from the past successes of my endeavors, I own I cannot refrain from looking back with a mixture of anxiety on the omissions by which I am sensible I may since have hazarded the diminution of your esteem. All my letters addressed to your Honorable Court, and to the Secret Committee, repeat the strongest promises of prosecuting the inquiries into the conduct of your servants which you had been pleased to commit particularly to my charge. You will readily perceive that I must have been sincere in those declarations; since it would have argued great indiscretion to have made them, had I foreseen my inability to perform them. I find myself now under the disagreeable necessity of avowing that inability; at the same time I will boldly take upon me to affirm, that, on whomsoever you might have delegated that charge, and by whatever powers it might have been accompanied, it would have been sufficient to occupy the entire attention of those who were intrusted with it, and, even with all the aids of leisure and authority, would have proved ineffectual. I dare appeal to the public records, to the testimony of those who have opportunities of knowing me, and even to the detail which the public voice can report of the past acts of this government, that my time has been neither idly nor uselessly employed: yet such are the cares and embarrassments of this various state, that, although much may be done, much more, even in matters of moment, must necessarily remain neglected. To select from the miscellaneous heap which each day's exigencies present to our choice those points on which the general welfare of your affairs most essentially depends, to provide expedients for future advantages and guard against probable evils, are all that your administration can faithfully promise to perform for your service with their united labors most diligently exerted. They cannot look back without sacrificing the objects of their immediate duty, which are those of your interests, to endless researches, which can produce no real good, and may expose your affairs to all the ruinous consequences of personal malevolence, both here and at home."

My Lords, this is the first man, I believe, that ever took credit for his sincerity from his breach of his promises. "I could not," he says, "have made these promises, if I had not thought that I could perform them. Now I find I cannot perform them, and you have in that non-performance and in that profession a security for my sincerity when I promised them." Upon this principle, any man who makes a promise has nothing to do afterwards, but to say that he finds himself (without assigning any particular cause for it) unable to perform it,—not only to justify himself for his non-performance, but to justify himself and claim credit for sincerity in his original profession. The charge was given him specially, and he promised obedience, over and over, upon the spot, and in the country, in which he was no novice, for he had been bred in it: it was his native country in one sense, it was the place of his renewed nativity and regeneration. Yet this very man, as if he was a novice in it, now says, "I promised you what I now find I cannot perform." Nay, what is worse, he declares no man could perform it, if he gave up his whole time to it. And lastly, he says, that the inquiry into these corruptions, even if you succeeded in it, would do more harm than good. Now was there ever an instance of a man so basely deserting a duty, and giving so base a reason for it? His duty was to put an end to corruption in every channel of government. It cannot be done. Why? Because it would expose our affairs to malignity and enmity, and end, perhaps, to our disadvantage. Not only will he connive himself, but he advises the Company to do it. For fear of what? For fear that their service was so abandoned and corrupt, that the display of the evil would tend more to their disreputation than all their attempts to reform it would tend to their service.

Mr. Hastings should naturally have imagined that the law was a resource in this desperate case of bribery. He tells you, that in "that charge of oppression, though they were supported by the cries of the people and the most authentic representations, it is yet impossible in most cases to obtain legal proofs." Here is a system of total despair upon the business, which I hope and believe is not a desperate one, and has not proved a desperate one, whenever a rational attempt has been made to pursue it. Here you find him corrupt, and you find, in consequence of that corruption, that he screens the whole body of corruption in India, and states an absolute despair of any possibility, by any art or address, of putting an end to it. Nay, he tells you, that, if corruption did not exist, if it was not connived at, that the India Company could not exist. Whether that be a truth or not I cannot tell; but this I know, that it is the most horrible picture that ever was made of any country. It might be said that these were excuses for omissions,—sins of omission he calls them. I will show that they were systematic, that Mr. Hastings did uniformly profess that he would connive at abuses, and contend that abuses ought to be connived at. When the whole mystery of the iniquity, in which he himself was deeply concerned, came to light,—when it appeared that all the Company's orders were contravened,—that contracts were given directly contrary to their orders, and upon principles subversive of their government, leading to all manner of oppression and ruin to the country,—what was Mr. Hastings's answer? "I must here remark, that the majority ... I had not the power of establishing it."[5] Then he goes on and states other cases of corruption, at every one of which he winks. Here he states another reason for his connivance. "Suppose again," (for he puts another supposition, and these suppositions are not hypotheses laid down for argument, but real facts then existing before the Council examining into grievances,)—"suppose again, that any person had benefited himself ... unprofitable discussion."[6]

Here is a direct avowal of his refusing to examine into the conduct of persons in the Council, even in the highest departments of government, and the best paid, for fear he should dissatisfy them, and should lose their votes, by discovering those peculations and corruptions, though he perfectly knew them. Was there ever, since the world began, any man who would dare to avow such sentiments, until driven to the wall? If he could show that he himself abhorred bribes, and kept at a distance from them, then he might say, "I connive at the bribes of others"; but when he acknowledges that he takes bribes, how can you doubt that he buys a corrupt confederacy, and puts an end to any hope through him of reformation of the abuses at Bengal? But your Lordships will see that he not only connived at abuse, but patronized it and supported it for his own political purposes; since he here confesses, that, if inquiry into it created him ill-humor, and produced him an opposition in Council, he sacrificed it to the power of the Company, and the constitution of their government. Did he so? The Company ordered him to prosecute those people, and their constitution required that they should be prosecuted. "No," says Mr. Hastings, "the conniving at it procures a majority of votes." The very thing that he bought was not worth half the price he paid for it. He was sent to reform corruptions, and, in order that he might reform corruptions, he winked at, countenanced, and patronized them, to get a majority of votes; and what was, in fact, a sacrifice to his own interest, ambition, and corruption, he calls a sacrifice to the Company. He puts, then, this alternative: "Either give everything into my hand, suffer me to go on, and have no control, or else I wink at every species of corruption." It is a remarkable and stupendous thing, that, when all the world was alarmed at the disorders of the Company, when that alarm occasioned his being sent out, and when, in consequence of that alarm, Parliament suspended the constitution of the Company, and appointed another government, Mr. Hastings should tell that Company that Parliament had done wrong, and that the person put at the head of that government was to wink at those abuses. Nay, what is more, not only does Mr. Hastings declare, upon general principles, that it was impossible to pursue all the delinquencies of India, and that, if possible to pursue them, mischief would happen from it, but your Lordships will observe that Mr. Hastings, in this business, during the whole period of the administration of that body which was sent out to inquire into and reform the corruptions of India, did not call one person to an account; nor, except Mr. Hastings, this day, has any one been called to an account, or punished for delinquency. Whether he will be punished or no, time will show. I have no doubt of your Lordships' justice, and of the goodness of our cause.

The table of the House of Commons groaned under complaints of the evils growing in India under this systematic connivance of Mr. Hastings. The Directors had set on foot prosecutions, to be conducted God knows how; but, such as they were, they were their only remedy; and they began to consider at last that these prosecutions had taken a long oblivious nap of many years; and at last, knowing that they were likely, in the year 1782, to be called to a strict account about their own conduct, the Court of Directors began to rouse themselves, and they write thus: "Having in several of our letters to you very attentively perused all the proceedings referred to in these paragraphs, relative to the various forgeries on the Company's treasuries, we lament exceedingly that the parties should have been so long in confinement without being brought to trial."

Here, my Lords, after justice had been asleep awhile, it revived. They directed two things: first, that those suits should be pursued; but whether pursued or not, that an account of the state of them should be given, that they might give orders concerning them.

Your Lordships see the orders of the Company. Did they not want to pursue and to revive those dormant prosecutions? They want to have a state of them, that they may know how to direct the future conduct of them with more effect and vigor than they had yet been pursued with. You will naturally imagine that Mr. Hastings did not obey their orders, or obeyed them languidly. No, he took another part. He says, "Having attentively read and weighed the arguments ... for withdrawing them."[7]

Thus he begins with the general principle of connivance; he directly avows he does it for a political purpose; and when the Company directs he shall proceed in the suits, instead of deferring to their judgment, he takes the judgment on himself, and says theirs is untenable; he directly discharges the prosecutions of the Company, supersedes the authority of his masters, and gives a general release to all the persons who were still suffering by the feeble footsteps of justice in that country. He gave them an act of indemnity, and that was the last of his acts.

Now, when I show the consequence of his bribery, the presumptions that arise from his own bribes, his attention to secure others from the punishment of theirs, and, when ordered to carry on a suit, his discharging it,—when we see all this, can we avoid judging and forming our opinions upon two grand points: first, that no man would proceed in that universal patronage of guilt, unless he was guilty himself; next, that, by a universal connivance for fourteen years, he is himself the cause and mainspring of all the evils, calamities, extortion, and bribery, that have prevailed and ravaged that country for so long a time? There is, indeed, no doubt either of his guilt, or of the consequences of it, by which he has extinguished the last expiring hope and glimpse that remained of procuring a remedy for India of the evils that exist in it.

I would mention, that, as a sort of postscript, when he could no longer put the government into the hands of that infamous woman, Munny Begum, he sent an amorous, sentimental letter to the Company, describing her miserable situation, and advising the Company to give her a pension of seventy-two thousand rupees a year, to maintain her. He describes her situation in such a moving way as must melt every heart. He supposes her to be reduced to want by the cruel orders of the Company, who retain from her money which they were never obliged to give her. This representation, which he makes with as much fairness as he represents himself to be in a state of the most miserable poverty and distress, he alone made to the Company, because his colleagues would not countenance him in it; and we find, upon looking over Lord Cornwallis's last examination into the whole state of this unhappy family, that this woman was able to lend to Mobarek ul Dowlah twenty thousand pounds. Mr. Hastings, however, could not avoid making this representation; because he knew, that, if he quitted the country without securing that woman, by giving her a hope that she could procure by his credit here that money which by his authority he had before procured for her, she might then make a discovery of all the corruption that had been carried on between them; and therefore he squanders away the treasures of the Company, in order to secure himself from any such detection, and to procure for himself razinamas and all those fine things. He knew that Munny Begum, that the whole seraglio, that all the country, whom he had put under the dominion of Sir John D'Oyly, that all those people might have made a discovery of all his corrupt proceedings; he therefore gets the Nabob to appoint Sir John D'Oyly his agent here, with a view of stopping his mouth, and by the hope of another 160,000l. a year to prevent his giving an account of the dilapidation and robbery that was made of the 160,000l. which had been left him.

---

I have now finished what I proposed to say relative to his great fund of bribery, in the first instance of it,—namely, the administration of justice in the country. There is another system of bribery which I shall state before my friends produce the evidence. He put up all the great offices of the country to sale; he makes use of the trust he had of the revenues in order to destroy the whole system of those revenues, and to bind them and make them subservient to his system of bribery: and this will make it necessary for your Lordships to couple the consideration of the charge of the revenues, in some instances, with that of bribery.

The next day your Lordships meet (when I hope I shall not detain you so long) I mean to open the second stage of his bribery, the period of discovery: for the first stage was the period of concealment. When he found his bribes could no longer be concealed, he next took upon him to discover them himself, and to take merit from them.

When I shall have opened the second scene of his peculation, and his new principles of it, when you see him either treading in old corruptions, and excelling the examples he imitated, or exhibiting new ones of his own, in which of the two his conduct is the most iniquitous, and attended with most evil to the Company, I must leave your Lordships to judge.