Some days were again employed in the examination of witnesses touching affairs with the Nabob of Ferruckabad; after which, on the 2nd of March, this fourth charge was opened by Mr. Pelham. In it Hastings was accused of withdrawing his protection from that prince, in consequence of having received a present of £100,000 from the Vizier of Oude; and of being the primary cause of that cruel oppression, which the nabob for many years had suffered from the vizier, under whom he held his dominion. The debate on this subject was very dry, but it was rendered remarkable by a new advocate of the accused, in the person of the veteran sailor, Admiral Hood, who had maintained the honour of the British flag in the late war. Hood argued that great allowance ought to be made for persons in high and responsible situations; they frequently finding themselves compelled to act in a manner not strictly consonant with the rules of equity and justice. With honest simplicity Hood illustrated his argument by his own delinquency. When in the West Indies, he said, his fleet was in extreme distress for want of bread, and he obtained a supply by resorting to means which the law did not authorize. “Those acts,” he continued, “were indispensable to the preservation of my ships and my men; yet, if the government had not stood between me and legal prosecutions, I should in all probability have been condemned to linger out the remainder of my days in prison.” Hood said that he considered the eminent services and merits of Hastings outweighed his errors and delinquencies, and expressed his fears lest any censure or punishment of him, might operate as a check on the exertions of future governors and commanders. He added:—“I am an old man: at my time of life I can entertain no expectation of being again employed on active foreign service; but I speak for those who come after me. My regard for my country makes me anxious to prevent a precedent by which all her services for the future would be greatly impeded; this I am confident will be the effect of punishing any harsh and severe, but perhaps necessary, stretches of power, which the saviour of India may have been found to have committed.” It was thought that if Hood had advocated the cause of Hastings at on earlier stage of the proceedings, he might have stopped them with such arguments altogether; but, as it was, it only served to draw declarations from Pitt which left Hastings no other hope than that of an acquittal in Westminster-hall. Pitt said that he should have given a silent vote on the question before the house, but he felt himself called upon to answer the argument used, lest the weight of his lordship’s authority on such subjects might mislead the judgment of the committee. For himself he must ever prefer what was right to what was expedient. At the same time Pitt admitted, that if a servant of the public should carry his exertions beyond the strict line of right, or even of necessity, all due merit should be allowed him, and the abundance of his zeal should be allowed as an atonement for the irregularity of his actions and the error of his judgment. But, he asked, was the conduct of Hastings correspondent to such a principle? Was the crime that day alleged against him justified by necessity? Was it of such a size and complexion as could be justified by any necessity? Wherever a departure was made from justice and right, it was not sufficient to say that such a step was necessary; the party must prove the necessity, and this, in his opinion, had not been done. With regard to the merits of Hastings, he confessed, there had been a period in which such an argument might have been urged with effect. At the commencement of the proceedings, the house might have weighed his crimes against his virtues, and considered whether the latter were of sufficient excellence to counterbalance the former. Such a consideration, however, could not with any propriety be entertained after the inquiry had once been instituted: the committee were not then required to determine on a general view of facts, the general merits or demerits of the accused, but on the investigation of a particular transaction, on the criminality or innocence of that single transaction. Still Pitt admitted that there remained a stage, in which the merits of the accused might and ought to be weighed against his failings; which time, he said, was, when in case of conviction on the charges alleged against him, he came to receive sentence. Pitt concluded by saying, that, with respect to the particular charge under discussion, Hastings had clearly convicted himself of criminality, and by contending that the deed admitted of no plea of necessity. Upon a division the motion was carried by a majority of one hundred and twelve against fifty.
The charge relating to abuses, for selfish purposes, in contracts and salaries, was opened on the 15th of March, by Sir James Erskine, who endeavoured to show that Hastings had made both corrupt and improvident bargains for providing bullocks, elephants, &c.; that he had grossly favoured individuals that were devoted to his will, and useful in his designs, at the expense of the company; and that he had been guilty of abuses in the opium contracts. As usual, Major Scott defended the accused, and entered with great minuteness into the particulars of the charge; but on a division the motion was carried by sixty against twenty-six.
The affair relative to Fyzoola Khan, the Rohilla chief, who retained possession of Rampore in Rohilicund, was brought forward on the 22nd of March, by Mr. Wyndham. The eloquence and nice metaphysics of Wyndham’s speech were much admired, but he evidently misstated some of the facts and bearings of the case. Major Scott proved this to demonstration; but on a division, the motion was carried by ninety-six against thirty-seven.
The seventh charge, relating to the corrupt receiving of bribes and presents, was opened by Mr. Sheridan on the 2nd of April. It was clear that Hastings had been singularly indifferent as to riches for his own use yet the orator imputed to him the grossest corruption and most ravenous greed for money. He remarked:—“He is changeable in every thing but corruption; there, and only there he is systematic, methodical, immutable. His revenge is furious as a tempest, or a tornado; but his corruption is a monsoon; a trade-wind, blowing uniformly from one point of the compass, and wafting the wealth of India to the same port, in one certain direction.” In his speech, however, in indulging his wit and irony, Sheridan gave vent to some sallies, which showed that he was convinced that Hastings had not received the presents for himself, but for his employers. Describing the accommodating morality of the court of directors, and their correspondence with the governor-general, he remarked that it might be thus condensed:—“Forasmuch as you have accepted presents, we highly disapprove of your conduct; but inasmuch as you have applied them to the credit side of our account, we exceedingly approve your conduct.” Major Scott again defended Hastings; but on this occasion Lord Mulgrave and Mr. William Grenvilie, who had before differed from Pitt, spoke very strongly against the accused, and condemned his conduct as highly criminal, and Scott himself conld not deny the facts alleged against him. Many members, indeed, who had supported Hastings on the other charges, voted against him in this, and on a division the motion was carried by one hundred and sixty-five against fifty-four.
Though two charges remained to be discussed, the house now resumed, and the report of the committee was brought up by the chairman. It was moved that the report “be now read the first time;” but it was suggested by Pitt that the charges considered should be referred to a committee, in order that they might select the criminal matter out of them, and frame it into articles of impeachment. Pitt suggested this plan, that he, with other members, might be left to deliver their votes freely on the grand question. He wished it to be understood, he said, that he only went to a certain length, and that he could not join in a vote of impeachment, which might seem to countenance the whole of each several accusation. After some objections on the part of Fox, this suggestion was agreed to, and the report was then turned over to a committee, for the purpose which Pitt proposed. In the meantime, on the 19th of April, Francis opened the eighth charge, which related to the management of the revenues of Bengal. Much had been recently said of the personal hostility which Francis entertained towards Hastings, and he commenced his speech by disclaiming such a feeling, and by asserting that his animosities were all of a public, and not of a private nature; after which he entered into an elaborate discussion of the charge, enumerating the different modes which Hastings had adopted of managing the revenues in question. Major Scott replied to Francis, and on this occasion Pitt defended the accused; but upon a division the motion was carried by seventy-one against fifty-five. The committee appointed to frame articles of impeachment from the first seven resolutions of the house were...... Burke, Fox, Sheridan, Sir James Erskine, T. Pelliam, Wyndham, St. John, J. Ansturther, Welbore Ellis, Michael Angelo Taylor, W. Adam, Sir Grey Cooper, Philip Francis, F. Montague, Mr. Grey, Sir Gilbert Elliot, Dudley Long, Lord Maitland, Colonel North, and General Burgoyne. On the 25th of April, Burke, as chairman of this committe, presented six articles of impeachment, which were forthwith read for the first time, and ordered to be printed, and to be taken into consideration on the 9th of May. On that day, accordingly, it was moved that the articles of impeachment should be read a second time, which motion gave rise to a long debate. Hastings was again warmly defended by Lord Hood, who went over his previous arguments, and implored the house to recollect that whatever errors the accused had committed, he had, notwithstanding, saved the most valuable possessions of the British empire. On this occasion, also, Hastings was defended by Wilkes, who had almost veered round to the opposite point of the political compass from that at which he had started in early life, and who made one of the most effective speeches that had been delivered on the subject. Wilkes moved an amendment that the report should be read a second time that day three months; and he was followed and supported by Nathaniel Smith, chief secretary to the court of directors, Alderman Thompson, and Islay Campbell, lord advocate, the latter of whom reviewed the whole subject, both as a lawyer and a statesman. Other members, also, expressed their dissent to an impeachment; and Mr. Burgess produced an address, just received from the British officers now commanding in India, in which they all bore testimony to the excellent character, high abilities, and important services of the late governor-general. All the exertions of the friends of Hastings, however, proved unavailing. At a late hour Pitt delivered his authoritative opinion; and he having declared that it was impossible for him to vote against the motion, and that the house could no otherwise consult its own honour, its duty to the country, and the ends of public justice than by sending the impeachment to the lords; the motion was carried by a majority of one hundred and seventy-five to eighty-nine. The first article was then read, and agreed to without a division, and the rest were all passed with some trifling amendments on the following day. Burke then rose and moved, “that Warren Hastings, Esq., be impeached of high crimes and misdemeanors upon the said articles.” This, after some observations made by Mr. Sumner—who had been in the company’s service in India—complaining of the virulence with which the house prosecuted Hastings, was carried without a division; and Mr. F. Montague, one of the committee of managers, next moved, “that Mr. Burke, in the name of the house of commons, and of all the commons of Great Britain, do go to the bar of the house of lords, and impeach Warren Hastings, Esq., late Governor-general of Bengal, of high crimes and misdemeanors, and do acquaint the lords that the commons will, with all convenient speed, exhibit articles against him, and make good the same.” This motion was also agreed to without a division, and Burke forthwith performed his commission; and on the next day, the 11th of May, he reported to the house what he had done, and proposed that Messrs. Wallis and Troward should be retained, to act as solicitors for the impeachment on the part of the commons. Nothing further was done till the 14th of May, when Burke brought forward the last charge, in which he accused Hastings of being the cause of all the distresses which had afflicted the province of Oude, a charge that was voted unanimously. It was expected that Burke would rest here for the present session; but on the 21st he moved, “that Warren Hastings, Esq., be taken into the custody of the sergeant-at-arms of this house.” This was agreed to and done; and the sergeant-at-arms delivered him into the custody of the gentleman-usher of the black rod, by whom he was conducted to the bar of the lords. On the motion of the lord chancellor, however, he was admitted to bail—himself in £20,000, and two sureties, Mr. Sullivan and Mr. Sumner, in £10,000 each—and he was ordered to deliver in an answer to the articles of impeachment in one month from that time, or upon the second day of the next session of parliament. On the same day, the seventh article of impeachment being presented to the house by Burke, was ordered to be carried up to the lords; and on the 23rd, thirteen more articles were presented to the commons, which were subsequently carried to the upper house.
GEORGE III. 1787-1789
PARLIAMENT PROROGUED.
The session was closed on the 30th of May, when the king, in his speech, commended the measures taken by parliament respecting the reduction of the national debt, and the treaty of navigation and commerce with the most christian king. His majesty spoke of the general tranquillity of Europe; but lamented the unhappy dissensions which prevailed in the United Provinces.