My Lords, we have read to you a letter in which the Court of Directors have described the disorders of their service, the utter ruin of it, the corruption that prevailed in it, and the destruction of the country by it. When we are said to exaggerate, we use no stronger words than they do. We cannot mince the matter; your Lordships should not mince it; no little paltry delicacies should hinder you, when there is a country expiring under all these things, from calling the authors to a strict account. The Court of Directors sent him that statement; they recommended to him a radical reformation. What does he do? We will read his letter of 1773, in which you will find seeds sown for the propagation of all those future abuses which terminated in the utter and irremediable destruction of the whole service. After he has praised the Directors for the trust that they had placed in him, after expressing his highest gratitude, and so on, he says,—
"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 have 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 interest, 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, you see here, that, after admitting that he has promised to the Court of Directors to do what they ordered him to do, (and he had promised to make a radical reform in their whole service, and to cure those abuses which they have stated,) he declares that he will not execute them; he pleads a variety of other occupations; but as to that great fundamental grievance he was appointed to eradicate, he declares he will not even attempt it. "Why did you promise?"—it naturally occurs to ask him that question. "Why," says he, "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 known my inability to perform them." This is a kind of argument that belongs to Mr. Hastings exclusively. Most other people would say, "You may judge of the sincerity of my promises by my zeal in the performance"; but he says, "You may judge of the sincerity of my promises, because I would not promise, if I had not thought I should be able to perform." It runs in this ridiculous circle: "I promised to obey the Court of Directors; therefore I knew that I could obey them: but I could not obey them; therefore I was absolved from my promise, and did not attempt to obey them." In fact, there is not so much as one grievance or abuse in the country, that he reformed. And this was systematical in Mr. Hastings's conduct,—that he was resolved to connive at the whole of the iniquities of the service, because he was resolved that every one of those existing iniquities should be practised by himself. "But," says he, "the reformation required can produce no real good, and may expose your affairs to all the ruinous consequences of personal malevolence, both here and at home." This he gives you as a reason why he will not prosecute the inquiry into abuses abroad,—because he is afraid that you should punish him at home for doing his duty abroad,—that it will expose him to malevolence at home; and therefore, to avoid being subject to malevolence at home, he would not do his duty abroad.
He follows this with something that is perfectly extraordinary: he desires, instead of doing his duty, which he declares it is impossible to do, that he may be invested with an arbitrary power. I refer your Lordships to pages 2827, 2828, and 2829 of the printed Minutes, where you will find the system of his government to be formed upon a resolution not to use any one legal means of punishing corruption, or for the prevention of corruption; all that he desires is, to have an absolute arbitrary power over the servants of the Company. There you will see that arbitrary power for corrupt purposes over the servants of the Company is the foundation of every part of his whole conduct. Remark what he says here, and then judge whether these inferences are to be eluded by any chicane.
"In the charge of oppression, although 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 consequences will restrain every man within the bounds of his duty, if he knows himself liable to suffer by the effects of a single control."
My Lords, you see two things most material for you to consider in the judgment of this great cause, which is the cause of nations. The first thing for you to consider is the declaration of the culprit at your bar, that a person may be pursued by the cries of a whole people,—that documents the most authentic and satisfactory, but deficient in technical form, may be produced against him,—in short, that he may be guilty of the most enormous crimes,—and yet that legal proofs may be wanting. This shows you how seriously you ought to consider, before you reject any proof upon the idea that it is not technical legal proof. To this assertion of Mr. Hastings I oppose, however, the opinion of a gentleman who sits near his side, Mr. Sumner, which is much more probable.
Mr. Hastings says, that the power of the Council is not effectual against the inferior servants, that [it?] is too weak to coerce them. With much more truth Mr. Sumner has said, in his minute, you might easily coerce the inferior servants, but that the dread of falling upon persons in high stations discourages and puts an end to complaint. I quote the recorded authority of the gentleman near him, as being of great weight in the affairs of the Company, to prove what is infinitely more probable, the falsehood of Mr. Hastings's assertion, that an inferior servant cannot be coerced, and that they must riot with impunity in the spoils of the people.
But we will go to a much more serious part of the business. After desiring arbitrary power in this letter, he desires a perpetuation of it. And here he has given you a description of a bad Governor, to which I must call your attention, as your Lordships will find it, in every part of his proceeding, to be exactly applicable to himself and to his own government.