The next pleas he urges are not so much in bar of the impeachment as in extenuation. The first are to be laid by as claims to be made on motion for arrest of judgment, the others as an extenuation or mitigation of his fine. He says, and with a kind of triumph, "The ministry of this country have great legal assistance,—commercial lights of the greatest commercial city in the world,—the greatest generals and officers to guide and direct them in military affairs: whereas I, poor man, was sent almost a school-boy from England, or at least little better,—sent to find my way in that new world as well as I could. I had no men of the law, no legal assistance, to supply my deficiencies." At Sphingem habebas domi. Had he
not the chief-justice, the tamed and domesticated chief-justice, who waited on him like a familiar spirit, whom he takes from province to province, his amanuensis at home, his postilion and riding express abroad?
Such a declaration would in some measure suit persons who had acted much otherwise than Mr. Hastings. When a man pleads ignorance in justification of his conduct, it ought to be an humble, modest, unpresuming ignorance, an ignorance which may have made him lax and timid in the exercise of his duty; but an assuming, rash, presumptuous, confident, daring, desperate, and disobedient ignorance heightens every crime that it accompanies. Mr. Hastings, if through ignorance he left some of the Company's orders unexecuted, because he did not understand them, might well say, "I was an ignorant man, and these things were above my capacity." But when he understands them, and when he declares he will not obey them, positively and dogmatically,—when he says, as he has said, and we shall prove it, that he never succeeds better than when he acts in an utter defiance of those orders, and sets at nought the laws of his country,—I believe this will not be thought the language of an ignorant man. But I beg your Lordships' pardon: it is the language of an ignorant man; for no man who was not full of a bold, determined, profligate ignorance could ever think of such a system of defence. He quitted Westminster School almost a boy. We have reason to regret that he did not finish his education in that noble seminary, which has given so many luminaries to the Church and ornaments to the State. Greatly it is to be lamented that he did not go to those Universities where arbitrary
power will I hope never be heard of, but the true principles of religion, of liberty, and law will ever be inculcated, instead of studying in the school of Cossim Ali Khân.
If he had lived with us, he would have quoted the example of Cicero in his government, he would have quoted several of the sacred and holy prophets, and made them his example. His want of learning, profane as well as sacred, reduces him to the necessity of appealing to every name and authority of barbarism, tyranny, and usurpation that are to be found; and from these he says, "From the practice of one part of Asia or other I have taken my rule." But your Lordships will show him that in Asia as well as in Europe the same law of nations prevails, the same principles are continually resorted to, and the same maxims sacredly held and strenuously maintained, and, however disobeyed, no man suffers from the breach of them who does not know how and where to complain of that breach,—that Asia is enlightened in that respect as well as Europe; but if it were totally blinded, that England would send out governors to teach them better, and that he must justify himself to the piety, the truth, the faith of England, and not by having recourse to the crimes and criminals of other countries, to the barbarous tyranny of Asia, or any other part of the world.
I will go further with Mr. Hastings, and admit, that, if there be a boy in the fourth form of Westminster School, or any school in England, who does not know, when these articles are read to him, that he has been guilty of gross and enormous crimes, he may have the shelter of his present plea, as far as it will serve him. There are none of us, thank God, so
uninstructed, who have learned our catechisms or the first elements of Christianity, who do not know that such conduct is not to be justified, and least of all by examples.
There is another topic he takes up more seriously, and as a general rebutter to the charge. Says he, "After a great many of these practices with which I am charged, Parliament appointed me to my trust, and consequently has acquitted me."—Has it, my Lords? I am bold to say that the Commons are wholly guiltless of this charge. I will admit, if Parliament, on a full state of his offences before them, and full examination of those offences, had appointed him to the government, that then the people of India and England would have just reason to exclaim against so flagitious a proceeding. A sense of propriety and decorum might have restrained us from prosecuting. They might have been restrained by some sort of decorum from pursuing him criminally. But the Commons stand before your Lordships without shame. First, in their name we solemnly assure your Lordships that we had not in our Parliamentary capacity (and most of us, myself I can say surely, heard very little, and that in confused rumors) the slightest knowledge of any one of the acts charged upon this criminal at either of the times of his being appointed to office, and that we were not guilty of the nefarious act of collusion and flagitious breach of trust with which he presumes obliquely to charge us; but from the moment we knew them, we never ceased to condemn them by reports, by votes, by resolutions, and that we admonished and declared it to be the duty of the Court of Directors to take measures for his recall, and when frustrated in the way known to that
court we then proceeded to an inquiry. Your Lordships know whether you were better informed. We are, therefore, neither guilty of the precedent crime of colluding with the criminal, nor the subsequent indecorum of prosecuting what we had virtually and practically approved.
Secondly, several of his worst crimes have been committed since the last Parliamentary renewal of his trust, as appears by the dates in the charge.