My Lords, it would be an endless undertaking, and such as, at this hour of the day, we, as well as your Lordships, are little fitted to engage in, if I were to attempt to search into and unveil all the secret motives, or to expose as it deserves the shameless audacity of this man's conduct. None of your Lordships can have observed without astonishment the selection of his merits, as he audaciously calls them, which has been brought before you. The last of this selection, in particular, looks as if he meant to revile and spit upon the legislature of his country, because we and you thought it fit and were resolved to publish to all India that we will not countenance offensive wars, and that you felt this so strongly as to pass the first act of a kind that was ever made, namely, an act to limit the discretionary power of government in making war solely,—and because you have done this solely and upon no other account and for no other reason under heaven than the abuse which that man at your bar has made of it, and for which abuse he now presumes to take merit to himself. I will read this part of the act to your Lordships.
[Mr. Burke here read 24th Geo. III. cap. 25, sect. 34.]
"And whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honor, and policy of this nation, be it therefore further enacted by the authority aforesaid, that it shall not be lawful for the Governor-General and Council of Port William aforesaid, without the express command and authority of the said Court of Directors, or of the Secret Committee of the said Court of Directors, in any case, (except where hostilities have actually been commenced, or preparations actually made for the commencement of hostilities, against the British nation in India, or against some of the princes or states dependent thereon, or whose territories the said United Company shall be at such time engaged by any subsisting treaty to defend or guaranty,) either to declare war, or commence hostilities, or enter into any treaty for making war, against any of the country princes or states in India, or any treaty for guarantying the possessions of any country princes or states; and that in such case it shall not be lawful for the said Governor-General and Council to declare war, or commence hostilities, or enter into treaty for making war, against any other prince or state than such as shall be actually committing hostilities or making preparations as aforesaid, or to make such treaty for guarantying the possessions of any prince or state, but upon the consideration of such prince or state actually engaging to assist the Company against such hostilities commenced or preparations made as aforesaid; and in all cases where hostilities shall be commenced or treaty made, the said Governor-General and Council shall, by the most expeditious means they can devise, communicate the same unto the said Court of Directors, together with a full state of the information and intelligence upon which they shall have commenced such hostilities or made such treaties, and their motives and reasons for the same at large."
It is the first act of the kind that ever was made in this kingdom, the first statute, I believe, that ever was made by the legislature of any nation, upon the subject; and it was made solely upon the resolutions to which we had come against the violent, intemperate, unjust, and perfidious acts of this man at your Lordships' bar, and which acts are now produced before your Lordships as merits.
To show further to your Lordships how necessary this act was, here is a part of his own correspondence, the last thing I shall beg to read to your Lordships, and upon which I shall make no other comment than that you will learn from it how well British faith was kept by this man, and that it was the violation of British faith which prevented our having the most advantageous peace, and brought on all the calamities of war. It is part of a letter from the minister of the Rajah of Berar, a man called Benaram Pundit, with whom Mr. Hastings was at the time treating for a peace; and he tells him why he might have had peace at that time, and why he had it not,—and that the cause of it was his own ridiculous and even buffoonish perfidiousness, which exposed him to the ridicule of all the princes of India, and with him the whole British nation.
"But afterwards reflecting that it was not advisable for me to be in such haste before I had fully understood all the contents of the papers, I opened them in the presence of the Maha Rajah, when all the kharetas, letters, copies, and treaties were perused with the greatest attention and care. First, they convinced us of your great truth and sincerity, and that you never, from the beginning to this time, were inclined to the present disputes and hostilities; and next, that you have not included in the articles of the treaty any of your wishes or inclinations; and in short, the garden of the treaty appeared to us, in all its parts, green and flourishing: but though the fruit of it was excellent yet they appeared different from those of Colonel Upton's treaty, (the particulars of which I have frequently written to you,) and, upon tasting them, proved to be bitter and very different, when compared to the former articles. How can any of the old and established obligations be omitted, and new matters agreed to, when it is plain that they will produce losses and damages? Some points which you have mentioned, under the plea of the faith and observance of treaties, are of such a nature that the Poonah ministers can never assent to them. In all engagements and important transactions, in which the words but, and although, and besides, and whereas, and why, and other such words of doubt, are introduced, it gives an opening to disputes and misunderstandings. A treaty is meant for the entire removal of all differences, not for increase of them. My departure to Poonah has therefore been delayed."
My Lords, consider to what ironies and insults this nation was exposed, and how necessary it was for us to originate that bill which your Lordships passed into an act of Parliament, with his Majesty's assent. The words but, although, besides, whereas, and why, and such like, are introduced to give an opening, and so on. Then he desires him to send another treaty, fit for him to sign.
"I have therefore kept the treaty with the greatest care and caution in my possession, and, having taken a copy of it, I have added to each article another, which appeared to me proper and advisable, and without any loss or disadvantage to the English, or anything more in favor of the Pundit Purdhaun than what was contained in the former treaties. This I have sent to you, and hope that you will prepare and send a treaty conformable to that, without any besides, or if, or why, or but, and whereas, that, as soon as it arrives, I may depart for Poonah, and, having united with me Row Mahdajee Sindia, and having brought over the Nabob Nizam ul Dowlah to this business, I may settle and adjust all matters which are in this bad situation. As soon as I have received my dismission from thence, I would set off for Calcutta, and represent to you everything which for a long while I have had on my mind, and by this transaction erect to the view of all the world the standard of the greatness and goodness of the English and of my master, and extinguish the flames of war with the waters of friendship. The compassing all these advantages and happy prospects depends entirely upon your will and consent; and the power of bringing them to an issue is in your hands alone."
My Lords, you may here see the necessity there was for passing the act of Parliament which I have just read to you, in order to prevent in future the recurrence of that want of faith of which Mr. Hastings had been so notoriously guilty, and by which he had not only united all India against us, and had hindered us from making, for a long time, any peace at all, but had exposed the British character to the irony, scorn, derision, and insult of the whole people of that vast continent.