Thus much of these affairs I think myself bound to state to your Lordships upon this occasion; for, although not one word has been produced by the counsel to support the allegations of the prisoner at your bar, yet, knowing that your Lordships, high as you are, are still but men, knowing also that bold assertions and confident declarations are apt to make some impression upon all men's minds, we oppose his allegations. But how do we oppose them? Not by things of the like nature. We oppose them by showing you that the House of Commons, after diligent investigation, has condemned them, and by stating the grounds upon which the House founded its condemnation. We send you to the records of the Company, if you want to pursue this matter further, to enlighten your own minds upon the subject. Do not think, my Lords, that we are not aware how ridiculous it is for either party, the accuser or the accused, to make here any assertions without producing vouchers for them: we know it; but we are prepared and ready to take upon us the proof; and we should be ashamed to assert anything that we are not able directly to substantiate by an immediate reference to uncontradicted evidence.
With regard to the merits pleaded by the prisoner, we could efface that plea with a single stroke, by saying there is no evidence before your Lordships of any such merits. But we have done more: we have shown you that the things which he has set up as merits are atrocious crimes, and that there is not one of them which does not, in the very nature and circumstances of it, carry evidence of base corruption, as well as of flagrant injustice and notorious breach of public faith.
The next thing that he takes credit for is precisely an act of this description. The Mogul had, by solemn stipulation with the Company, a royal domain insured to him, consisting of two provinces, Corah and Allahabad. Of both these provinces Mr. Hastings deprived the Mogul, upon weak pretences, if proved in point of fact, but which were never proved in any sense, against him. I allude particularly to his alleged alliance with the Mahrattas,—a people, by the way, with whom we were not then at war, and with whom he had as good a right as Nudjif Khân to enter into alliance at that time. He takes these domains, almost the last wrecks of empire left to the descendant of Tamerlane, from the man, I say, to whose voluntary grants we owe it that we have put a foot in Bengal. Surely, we ought, at least, to have kept our faith in leaving this last retreat to that unfortunate prince. The House of Commons was of that opinion, and consequently they resolved, "That the transfer of Corah and Allahabad to the Vizier was contrary to policy and good faith." This is what the Commons think of this business which Mr. Hastings pleads as merits.
But I have not yet done with it. These provinces are estimated as worth twenty-two lacs, or thereabouts, that is, about 220,000l., a year. I believe they were improvable to a good deal more. But what does Mr. Hastings do? Instead of taking them into the Company's possession for the purpose of preserving them for the Mogul, upon the event of our being better satisfied with his conduct, or of appropriating them to the Company's advantage, he sells them to the Nabob of Oude, who he knew had the art, above all men, of destroying a country which he was to keep, or which he might fear he was not to keep, permanent possession of. And what do you think he sold them for? He sold them at a little more than two years' purchase. Will any man believe that Mr. Hastings, when he sold these provinces to the Vizier for two years' purchase, and when there was no man that would not have given ten years' purchase for them, did not put the difference between the real and pretended value into his own pocket, and that of his associates?
We charge, therefore, first, that this act for which he assumes merit was in itself a breach of faith; next, that the sale of these provinces was scandalously conducted; and thirdly, that this sale, at one fifth of the real value, was effected for corrupt purposes. Thus an act of threefold delinquency is one of the merits stated with great pomp by his counsel.
Another of his merits is the stoppage of the pension which the Company was under an obligation to pay to Nudjif Khân: a matter which, even if admitted to be a merit, is certainly not worth, as a set-off, much consideration.
But there is another set-off of merit upon which he plumes himself, and sets an exceedingly high value: the sale of the Rohilla nation to that worthless tyrant, the Vizier, their cruel and bitter enemy,—the cruelest tyrant, perhaps, that ever existed, and their most implacable enemy, if we except Mr. Hastings, who appears to have had a concealed degree of animosity, public, private, or political, against them. To this man he sold this whole nation, whose country, cultivated like a garden, was soon reduced, as Mr. Hastings, from the character of the Vizier, knew would be the consequence, to a mere desert, for 400,000l. He sent a brigade of our troops to assist the Vizier in extirpating these people, who were the bravest, the most honorable, and generous nation upon earth. Those who were not left slaughtered to rot upon the soil of their native country were cruelly expelled from it, and sent to publish the merciless and scandalous behavior of Great Britain from one end of India to the other. I believe there is not an honest, ingenuous, or feeling heart upon the face of the globe, I believe there is no man possessing the least degree of regard to honor and justice, humanity and good policy, that did not reprobate this act. The Court of Directors, when they heard of it, reprobated it in the strongest manner; the Court of Proprietors reprobated it in the strongest manner; by the House of Commons, after the most diligent investigation, it was, in a resolution moved by Mr. Dundas, reprobated in the strongest manner: and this is the act which Mr. Hastings brings forward before your Lordships as a merit.
But, again, I can prove that in this, perhaps the most atrocious of all his demerits, there is a most horrid and nefarious secret corruption lurking. I can tell your Lordships that Sir Robert Barker was offered by this Vizier, for about one half of this very country, namely, the country of the Rohillas, a sum of fifty lacs of rupees,—that is, 500,000l. Mr. Hastings was informed of this offer by Sir Robert Barker, in his letter of the 24th March, 1773. Still, in the face of this information, Mr. Hastings took for the Company only forty lacs of rupees. I leave your Lordships to draw your own conclusion from these facts. You will judge what became of the difference between the price offered and the price accounted for as taken. Nothing on earth can hide from mankind why Mr. Hastings made this wicked, corrupt bargain for the extermination of a brave and generous people,—why he took 400,000l. for the whole of that, for half of which he was offered and knew he might have had 500,000l.
Your Lordships will observe, that for all these facts there is no evidence, on the one side or on the other, directly before you. Their merits have been insisted upon, in long and laborious details and discussions, both by Mr. Hastings himself and by his counsel. We have answered them for that reason; but we answer them with a direct reference to records and papers, from which your Lordships may judge of them as set-offs and merits. I believe your Lordships will now hardly receive them as merits to set off guilt, since in every one of them there is both guilt in the act, and strong ground for presuming that he had corruptly taken money for himself.