The last act of merit that has been insisted upon by his counsel is the Mahratta peace. They have stated to you the distresses of the Company to justify the unhandsome and improper means that he took of making this peace. Mr. Hastings himself has laid hold of the same opportunity of magnifying the difficulties which, during his government, he had to contend with. Here he displays all his tactics. He spreads all his sails, and here catches every gale. He says, "I found all India confederated against you. I found not the Mahrattas alone; I found war through a hundred hostile states fulminated against you; I found the Peshwa, the Nizam, Hyder Ali, the Rajah of Berar, all combined together for your destruction. I stemmed the torrent: fortitude is my character. I faced and overcame all these difficulties, till I landed your affairs safe on shore, till I stood the saviour of India."
My Lords, we of the House of Commons have before heard all this; but we cannot forget that we examined into every part of it, and that we did not find a single fact stated by him that was not a ground of censure and reprobation. The House of Commons, in the resolutions to which I have alluded, have declared, that Mr. Hastings, the first author of these proceedings, took advantage of an ambiguous letter of the Court of Directors to break and violate the most solemn, the most advantageous, and useful treaty that the Company had ever made in India; and that this conduct of his produced the strange and unnatural junction which he says he found formed against the Company, and with which he had to combat. I should trouble your Lordships with but a brief statement of the facts; and if I do not enter more at large in observing upon them, it is because I cannot but feel shocked at the indecency and impropriety of your being obliged to hear of that as merit which the House of Commons has condemned in every part. Your Lordships received obliquely evidence from the prisoner at your bar upon this subject; yet, when we came and desired your full inquiry into it, your Lordships, for wise and just reasons, I have no doubt, refused our request. I must, however, again protest on the part of the Commons against your Lordships receiving such evidence at all as relevant to your judgment, unless the House of Commons is fully heard upon it.
But to proceed.—The government of Bombay had offended the Mahratta States by a most violent and scandalous aggression. They afterwards made a treaty of peace with them, honorable and advantageous to the Company. This treaty was made by Colonel Upton, and is called the Treaty of Poorunder. Mr. Hastings broke that treaty, upon his declared principle, that you are to look in war for the resources of your government. All India was at that time in peace. Hyder Ali did not dare to attack us, because he was afraid that his natural enemies, the Mahrattas, would fall upon him. The Nizam could not attack us, because he was also afraid of the Mahrattas. The Mahratta state itself was divided into such discordant branches as to make it impossible for them to unite in any one object; that commonwealth, which, certainly at that time was the terror of India, was so broken, as to render it either totally ineffective or easy to be resisted. There was not one government in India that did not look up to Great Britain as holding the balance of power, and in a position to control and do justice to every individual party in it. At that juncture Mr. Hastings deliberately broke the treaty of Poorunder; and afterwards, by breaking faith with and attacking all the powers, one after another, he produced that very union which one would hardly have expected that the incapacity or ill faith of any Governor could have effected. Your Lordships shall hear the best and most incontrovertible evidence both of his incapacity and ill faith, and of the consequences which they produced. It is the declaration of one of the latest of their allies concerning all these proceedings. It is contained in a letter from the Rajah of Berar, directly and strongly inculpating Mr. Hastings, upon facts which he has never denied and by arguments which he has never refuted, as being himself the cause of that very junction of all the powers of India against us.
Letter from Benaram Pundit.
"As the friendship of the English is, at all events, the first and most necessary consideration, I will therefore exert myself in establishing peace: for the power of making peace with all is the best object; to this all other measures are subservient, and will certainly be done by them, the English. You write, that, after having laid the foundation of peace with the Pundit Purdhaun, it is requisite that some troops should be sent with General Goddard against Hyder Naig, and take possession of his country, when all those engagements and proposals may be assented to. My reason is confounded in discussing this suggestion, at a time when Hyder Naig is in every respect in alliance with the Peshwa, and has assisted with his soul and life to repel the English. For us to unite our troops with those of the enemy and extirpate him, would not this fix the stamp of infamy upon us forever? Would any prince, for generations to come, ever after assist us, or unite with the Peshwa? Be yourself the judge, and say whether such a conduct would become a prince or not. Why, then, do you mention it? why do you write it?
"The case is as follows.—At first there was the utmost enmity between Hyder Naig and the Pundit Purdhaun, and there was the fullest intention of sending troops into Hyder Naig's country; and after the conclusion of the war with Bombay and the capture of Ragonaut Row, it was firmly resolved to send troops into that quarter; and a reliance was placed in the treaty which was entered into by the gentlemen of Bombay before the war. But when Ragonaut again went to them, and General Goddard was ready to commence hostilities,—when no regard was paid to the friendly proposals made by us and the Pundit Peshwa,—when they desisted from coming to Poonah, agreeable to their promise, and a categorical answer was given to the deputies from Poonah,—the ministers of Poonah then consulted among themselves, and, having advised with the Nabob Nizam ul Dowlah, they considered that as enemies were appearing on both sides, and it would be difficult to cope with both, what was to be done? Peace must be made with one of them, and war must be carried on with the other. They wished above all things, in their hearts, to make peace with the English gentlemen, and to unite with them to punish Hyder Naig; but these gentlemen had plainly refused to enter into any terms of reconciliation. It was therefore advisable to accommodate matters with Hyder Naig, although he had been long an enemy. What else could be done? Having nothing left for it, they were compelled to enter into an union with Hyder."
My Lords, this declaration, made to Mr. Hastings himself, was never answered by him. Indeed, answered it could not be; because the thing was manifest, that all the desolation of the Carnatic by Hyder Ali, all these difficulties upon which he has insisted, the whole of that union by which he was pressed, and against which, as he says, he bore up with such fortitude, was his own work, the consequences of his bad faith, and his not listening to any reasonable terms of peace.
But, my Lords, see what sort of peace he afterwards made. I could prove, if I were called upon so to do, from this paper that they have had the folly and madness to produce to you for other purposes, that he might at any time have made a better treaty, and have concluded a more secure and advantageous peace, than that which at last he acceded to; that the treaty he made was both disadvantageous and dishonorable, inasmuch as we gave up every ally we had, and sacrificed them to the resentment of the enemy; that Mahdajee Sindia gained by it an empire of a magnitude dangerous to our very existence in India; that this chief was permitted to exterminate all the many little gallant nations that stood between us and the Mahrattas, and whose policy led them to guard against the ambitious designs of that government. Almost all these lesser powers, from Central India, quite up to the mountains that divide India from Tartary, almost all these, I say, were exterminated by him, or were brought under a cruel subjection. The peace he made with Mr. Hastings was for the very purpose of doing all this; and Mr. Hastings enabled him, and gave him the means of effecting it.
Advert next, my Lords, to what he did with other allies. By the treaty of Poorunder, made by Colonel Upton, and which he flagitiously broke, we had acquired, what, God knows, we little merited from the Mahrattas, twelve lacs, (112,000l.) for the expenses of the war,—and a country of three lacs of annual revenue, the province of Baroach and the isle of Salsette, and other small islands convenient for us upon that coast. This was a great, useful, and momentous accession of territory and of revenue: and we got it with honor; for not one of our allies were sacrificed by this treaty. We had even obtained from the Mahrattas for Ragonaut Row, our support of whom against that government was a principal cause of the war, an establishment of a thousand horse, to be maintained at their expense, and a jaghire for his other expenses of three lacs of rupees per annum, payable monthly, with leave to reside within their territories, with no other condition than that he should not remove from the place fixed for his residence for the purpose of exciting disturbances against their government. They also stipulated for the pardon, of all his adherents except four; and the only condition they required from us was, that we should not assist him in case of any future disturbance. But Mr. Hastings, by his treaty, surrendered that country of three lacs of revenue; he made no stipulation for the expenses of the war, nor indemnity for any of the persons whom he had seduced into the rebellion in favor of Ragonaut Row; he gave them all up to the vengeance of their governments, without a stroke of a pen in their favor, to be banished, confiscated, and undone; and as to Ragonaut Row, instead of getting him this honorable and secure retreat, as he was bound to do, this unfortunate man was ordered to retire to his enemy's (Mahdajee Sindia's) country, or otherwise he was not to receive a shilling for his maintenance.
I will now ask your Lordships, whether any man but Mr. Hastings would claim a merit with his own country for having broken the treaty of Poorunder? Your Lordships know the opinion of the House of Commons respecting it; his colleagues in Council had remonstrated with him upon it, and had stated the mischiefs that would result from it; and Sir Eyre Coote, the commander of the Company's forces, writing at the same time from Madras, states, that he thought it would infallibly bring down upon them Hyder Ali, who, they had reason to think, was bent upon the utter destruction of the power of this country in India, and was only waiting for some crisis in our affairs favorable to his designs. This, my Lords, is to be one of the set-offs against all the crimes, against the multiplied frauds, cruelties, and oppressions, all the corrupt practices, prevarications, and swindlings, that we have alleged against him.