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.