There is the real President of the Committee,—there the most active, efficient member of it. They are both of one opinion concerning their situation: and I think this opinion of Mr. Anderson is still more strong; for, as he thinks he should have written it with a little more guard, but should have agreed in substance, you must naturally think the strongest expression the truest representation of the circumstance.

There is another circumstance that must strike your Lordships relative to this institution. It is where the President says that the use of the President would be to exert his best abilities, his greatest application, his constant guard,—for what?—to prevent his dewan from being guilty of bribery and being guilty of oppressions. So here is an executive constitution in which the chief executive minister is to be in such a situation and of such a disposition that the chief employment of the presiding person in the Committee is to guard against him and to prevent his doing mischief. Here is a man appointed, of the greatest possible power, of the greatest possible wickedness, in a situation to exert that power and wickedness for the destruction of the country, and without doubt it would require the greatest ability and diligence in the person at the head of that Council to prevent it. Such a constitution, allowed and alleged by the persons themselves who composed it, was, I believe, never heard of in the world.

Now that I have done with this part of the system of bribery, your Lordships will permit me to follow Mr. Hastings to his last parting scene. He parted with his power, he parted with his situation, he parted with everything, but he never could part with Gunga Govind Sing. He was on his voyage, he had embarked, he was upon the Ganges, he had quitted his government; and his last dying sigh, his last parting voice, was "Gunga Govind Sing!" It ran upon the banks of the Ganges, as another plaintive voice ran upon the banks of another river (I forget whose); his last accents were, "Gunga, Gunga Govind Sing!" It demonstrates the power of friendship.

It is said by some idle, absurd moralists, that friendship is a thing that cannot subsist between bad men; but I will show your Lordships the direct contrary; and, after having shown you what Gunga Govind Sing was, I shall bring before you Mr. Hastings's last act of friendship for him. Not that I have quite shown you everything, but pretty well, I think, respecting this man. There is a great deal concerning his character and conduct that is laid by, and I do believe, that, whatever time I should take up in expatiating upon these things, there would be "in the lowest deep still a lower deep"; for there is not a day of the inquiry that does not bring to light more and more of this evil against Mr. Hastings.

But before I open the papers relative to this act of Mr. Hastings's friendship for Gunga Govind Sing, I must re-state some circumstances, that your Lordships may understand thoroughly the nature of it. Your Lordships may recollect, that, about the time of the succession of the minor Rajah of Dinagepore, who was then but five or six years of age, and when Mr. Hastings left Bengal eight or nine, Mr. Hastings had received from that country a bribe of about 40,000l. There is a fidelity even in bribery; there is a truth and observance even in corruption; there is a justice, that, if money is to be paid for protection, protection should be given. My Lords, Mr. Hastings received this bribe through Gunga Govind Sing; then, at least, through Gunga Govind Sing he ought to take care that that Rajah should not be robbed,—that he should not be robbed, if Gunga Govind Sing could help it,—that, above all, he should not be robbed by Gunga Govind Sing himself. But your Lordships will find that the last act of Mr. Hastings's life was to be an accomplice in the most cruel and perfidious breach of faith, in the most iniquitous transaction, that I do believe ever was held out to the indignation of the world with regard to private persons. When he departed, on the 16th of February, 1785, when he was on board, in the mouth of the Ganges, and preparing to visit his native country, let us see what the last act of his life then was. Hear the last tender accents of the dying swan upon the Ganges.

"The regret which I cannot but feel in relinquishing the service of my honorable employers would be much embittered, were it accompanied by the reflection that I have neglected the merits of a man who deserves no less of them than of myself, Gunga Govind Sing, who from his earliest youth had been employed in the collection of the revenues, and was about eleven years ago selected for his superior talents to fill the office of dewan to the Calcutta Committee. He has from that time, with a short intermission, been the principal native agent in the collection of the Company's revenues; and I can take upon myself to say that he has performed the duties of his office with fidelity, diligence, and ability. To myself he has given proofs of a constancy and attachment which neither the fears nor expectations excited by the prevalence of a different influence could shake,—and at a time, too, when these qualities were so dangerous, that, far from finding them amongst the generality of his countrymen, I did not invariably meet with them amongst my own. With such a sense of his merits, it is natural that I should feel a desire of rewarding him,—for justice, gratitude, generosity, and even policy, demand it; and I resort to the board for the means of performing so necessary a duty, in full confidence, that, as those which I shall point out are neither incompatible with the Company's interest nor prejudicial to the rights of others, they will not be withheld from me. At the request, therefore, of Gunga Govind Sing, I deliver the accompanying durkhausts, or petitions, for grants of lands lying in different districts, the total jumma, or rent, of which amount to Rupees 2,38,061. 12. 1."

Your Lordships recollect that Mr. Larkins was one of the bribe-agents of Mr. Hastings,—one, I mean, of a corporation, but not corporate in their acts. My Lords, Mr. Larkins has told you, he has told us, and he has told the Court of Directors, that Mr. Hastings parted in a quarrel with Gunga Govind Sing, because he had not faithfully kept his engagement with regard to his bribe, and that, instead of 40,000l. from Dinagepore, he had only paid him 30,000l. My Lords, that iniquitous men will defraud one another I can conceive; but you will perceive by Mr. Hastings's behavior at parting, that he either had in fact received this money from Gunga Govind Sing, or in some way or other had abundant reason to be satisfied,—that he totally forgot his anger upon this occasion, and that at parting his last act was to ratify grants of lands (so described by Mr. Hastings) to Gunga Govind Sing. Your Lordships will recollect the tender and forgiving temper of Mr. Hastings. Whatever little bickerings there might have been between them about their small money concerns, the purifying waters of the Ganges had washed away all sins, enmities, and discontent. By some of those arts which Gunga Govind Sing knows how to practise, (I mean conciliatory, honest arts,) he had fairly wiped away all resentment out of Mr. Hastings's mind; and he, who so long remembered the affront offered him by Cheyt Sing, totally forgets Gunga Govind Sing's fraud of 10,000l., and attempts to make others the instruments of giving him what he calls his reward.

Mr. Hastings states, among Gunga Govind's merits, that he had, from the time of its institution, and with a very short intermission, served the office of dewan to the Calcutta Committee. That short intermission was when he was turned out of office upon proof of peculation and embezzlement of public money; but of this cause of the intermission in the political life and political merits of Gunga Govind Sing Mr. Hastings does not tell you.

Your Lordships shall now hear what opinion a member of the Provincial Council at Calcutta, in which he had also served, had of him.

"Who is Gunga Govind Sing?" The answer is, "He was, when I left Bengal, dewan to the Committee of Revenue.—What was his office and power during Mr. Hastings's administration since 1780?—He was formerly dewan to the Provincial Council stationed at Calcutta, of which I was a member. His conduct then was licentious and unwarrantable, oppressive and extortionary. He was stationed under us to be an humble and submissive servant, and to be of use to us in the discharge of our duty. His conduct was everything the reverse. We endeavored to correct the mischiefs he was guilty of as much as possible. In one attempt to release fifteen persons illegally confined by him, we were dismissed our offices: a different pretence was held out for our dismission, but it was only a pretence. Since his appointment as dewan to the present Committee of Revenue, his line of conduct has only been a continuance of what I have described, but upon a larger scale.—What was the general opinion of the natives of the use he made of his power? He was looked up to by the natives as the second person in the government, if not the first. He was considered as the only channel for obtaining favor and employment from the Governor. There is hardly a native family of rank or credit within the three provinces whom he has not some time or other distressed and afflicted; scarce a zemindary that he has not dismembered and plundered.—Were you in a situation to know this to be true?—I certainly was.—What was the general opinion, and your own, concerning his wealth?—It is almost impossible to form a competent judgment, his means of acquiring it have been so extensive. I had an account shown to me, about July, 1785, stating his acquisitions at three hundred and twenty lacs of rupees,—that is, 3,200,000l."

My Lords, I have only to add, that, from the best inquiries I have been able to make, those who speak highest of his wealth are those who obtain the greatest credit. The estimate of any man's wealth is uncertain; but the enormity of his wealth is universally believed. Yet Mr. Hastings seemed to act as if he needed a reward; and it is therefore necessary to inquire what recommended him particularly to Mr. Hastings. Your Lordships have seen that he was on the point of being dismissed for misbehavior and oppression by that Calcutta Committee his services to which Mr. Hastings gives as one proof of his constant and uniform good behavior. "He had executed," he says, "the duties of his office with fidelity, diligence, and ability." These are his public merits; but he has private merits. "To myself," says he, "he has given proofs of constancy and attachment."

Now we, who have been used to look very diligently over the Company's records, and to compare one part with another, ask what those services were, which have so strongly recommended him to Mr. Hastings, and induced him to speak so favorably of his public services. What those services are does not appear; we have searched the records for them, (and those records are very busy and loquacious,) about that period of time during which Mr. Hastings was laboring under an eclipse, and near the dragon's mouth, and all the drums of Bengal beating to free him from this dangerous eclipse. During this time there is nothing publicly done, there is nothing publicly said, by Gunga Govind Sing. There were, then, some services of Gunga Govind Sing that lie undiscovered, which he takes as proofs of attachment. What could they be? They were not public; nobody knows anything of them; they must, by reference to the time, as far as we can judge of them, be services of concealment: otherwise, in the course of this business, it will be necessary, and Mr. Hastings will find occasion, to show what those personal services of Gunga Govind Sing to him were. His services to Gunga Govind Sing were pretty conspicuous: for, after he was turned out for peculation, Mr. Hastings restored him to his office; and when he had imprisoned fifteen persons illegally and oppressively, and when the Council were about to set them at liberty, they were set at liberty themselves, they were dismissed their offices. Your Lordships see, then, what his public services were. His private services are unknown: they must be, as we conceive from their being unknown, of a suspicious nature; and I do not go further than suspicion, because I never heard, and I have not been without attempts to make the discovery, what those services were that recommended him to Mr. Hastings.

Having looked at his public services, which are well-known scenes of wickedness, barbarity, and corruption, we next come to see what his reward is. Your Lordships hear what reward he thought proper to secure for himself; and I believe a man who has power like Gunga Govind Sing, and a disposition like Gunga Govind Sing, can hardly want the means of rewarding himself; and if every virtue rewards itself, and virtue is said to be its own reward, the virtue of Gunga Govind Sing was in a good way of seeking its own reward. Mr. Hastings, however, thought it was not right that such a man should reward himself, but that it was necessary for the honor and justice of government to find him a reward. Then the next thing is, what that reward shall be. It is a grant of lands. Your Lordships will observe, that Mr. Hastings declares some of these lands to be unoccupied, others occupied, but not by the just owners. Now these were the very lands of the Rajah of Dinagepore from whence he had taken the bribe of 40,000l. My Lords, this was a monstrous thing. Mr. Hastings had the audacity, as his parting act, when he was coming to England, and ought to have expected (whatever he did expect) the responsibility of this day,—he was, I say, shameless enough not only to give this recommendation, but to perpetuate the mischiefs of his reign, as he has done, to his successors: for he has really done so, by making it impossible, almost, to know anything of the true state of that country; and he has thereby made them much less responsible and criminal than before in any ill acts they may have done since his time. But Mr. Hastings not only recommends and backs the petition of Gunga Govind Sing with his parting authority, which authority he made the people there believe would be greater in England than it was in India, but he is an evidence; he declares, that, "to his own knowledge, these lands are vacant, and confessedly, therefore, by the laws of this as well as of most other countries, in the absolute gift of government."

My Lords, as I said, Mr. Hastings becomes a witness, and I believe in the course of the proceedings you will find a false witness, for Gunga Govind Sing. "To my own knowledge," says he, "they are vacant." Why, I cannot find that Mr. Hastings had ever been in Dinagepore; or if he had, it must have been only as a passenger. He had not the supervision of the district, in any other sense than with that kind of eagle eye which he must have had over all Bengal, and which he had for no other purposes than those for which eagles' eyes are commonly used. He becomes, you see, a witness for Gunga Govind Sing, and orders to be given him, as a recompense for all the iniquitous acts this man committed, the lands of that very Rajah who through the hands of Gunga Govind Sing had given an enormous bribe to Mr. Hastings. These lands were not without an ownership, but were lands in the hands of the Rajah, and were to be severed from the zemindary, and given to Gunga Govind Sing. The manner of obtaining them is something so shocking, and contains such a number of enormities completed in one act, that one can scarce imagine how such a compound could exist.

This man, besides his office of dewan to the Calcutta Committee, which gave him the whole management and power of the revenue, was, as I have stated, at the head of all the registers in the kingdom, whose duty it was to be a control upon him as dewan. As Mr. Hastings destroyed every other constitutional settlement of the country, so the office which was to be a check upon Gunga Govind Sing, namely, the register of the country, had been superseded, and revived in another shape, and given to the own son of this very man. God forbid that a son should not be under a certain and reasonable subordination! But though in this country we know a son may possibly be free from the control of his father, yet the meanest slave is not in a more abject condition of slavery than a son is in that country to his father; for it extends to the power of a Roman parent. The office of register is to take care that a full and fair rent is secured to government; and above all, it is his business to take care of the body of laws, the Rawaj-ul-Mulk, or custom of the country, of which he is the guardian as the head of the law. It was his business to secure that fundamental law of the government, and fundamental law of the country, that a zemindary cannot be split, or any portion of it separated, without the consent of the government. This man betrayed his trust, and did privately, contrary to the duty of his office, get this minor Rajah, who was but an infant, who was but nine years old at the time, to make over to him a part of his zemindary, to a large amount, under color of a fraudulent and fictitious sale. By the laws of that country, by the common laws of Nature, the act of this child was void. The act was void as against the government, by giving a zemindary without the consent of the government to the very man who ought to have prevented such an act. He has the same sacred guardianship of minors that the Chancellor of England has. This man got to himself those lands by a fraudulent, and probably forged deed,—for that is charged too; but whether it was forged or not, this miserable minor was obliged to give the lands to him: he did not dare to quarrel with him upon such an article; because he who would purchase could take. The next step was to get one of his nearest relations to seem to give a consent; because taking it of the minor was too gross. The relation, who could no more consent by the law of that country than the law of this, gave apparently his consent. And these were the very lands that Mr. Hastings speaks of as "lands entirely at the disposal of government."

All this came before the Council. The moment Mr. Hastings was gone, India seemed a little to respire; there was a vast, oppressive weight taken off it, there was a mountain removed from its breast; and persons did dare then, for the first time, to breathe their complaints. And accordingly, this minor Rajah got some person kind enough to tell him that he was a minor, that he could not part with his estate; and this, with the other shocking and illegal parts of the process, was stated by him to the Council, who had Mr. Hastings's recommendation of Gunga Govind Sing before them. The Council, shocked to see a minor attempted to be dispossessed in such a manner by him who was the natural guardian of all minors, shocked at such an enormous, daring piece of iniquity, began to inquire further, and to ask, "How came this his near relation to consent?" He was apparently partner in the fraud. Partner in the fraud he was, but not partner in the profit; for he was to do it without getting anything for it: the wickedness was in him, and the profit in Gunga Govind Sing. In consequence of this inquiry, the man comes down to account for his conduct, and declares another atrocious iniquity, that shows you the powers which Gunga Govind Sing possessed. "Gunga Govind Sing," says he, "is master of the country; he had made a great festival for the burial of his mother; all those of that caste ought to be invited to the funeral festival; he would have disgraced me forever, if I had not been invited to that funeral festival." These funeral festivals, you should know, are great things in that country, and celebrated in this manner, and, you may depend upon it, in a royal manner by him, upon burying his mother: any person left out was marked, despised, and disgraced. "But he had it in his power, and I was threatened to be deprived of my caste by his register, who had the caste in his absolute disposition." Says he, "I was under terror, I was under duress, and I did it."

Gunga Govind Sing was fortified by the opinion, that the Governor, though departed, virtually resided in that country. God grant that his power may be extirpated out of it now! I doubt it; but, most assuredly, it was residing in its plenitude when he departed from thence; and there was not a man in India who was not of opinion, either that he was actually to return to govern India again, or that his power is such in England as that he might govern it here. And such were the hopes of those who had intentions against the estates of others. Gunga Govind Sing, therefore, being pressed to the wall by this declaration of the Rajah's relation, when he could say nothing against it, when it was clear and manifest, and there were only impudent barefaced denials, and asseverations against facts which carried truth with themselves, did not in his answer pretend to say that a zemindary might be parted without the consent of the government, that a minor might be deprived of it, that the next relation had a power of disposing of it. He did indeed say, but nobody believed him, that he had used no force upon this relation; but as every one knew the act would be void, he was driven to Mr. Hastings's great refuge,—he was driven to say, "The government in this country has arbitrary power; the power of government is everything, the right of the subject nothing; they have at all times separated zemindaries from their lawful proprietors. Give me what Mr. Hastings has constantly given to other people without any right, or shadow or semblance of right at all." God knows, it is well that I walk with my authority in my hand; for there are such crimes, such portentous, incredible crimes, to be brought before your Lordships, that it would hardly be believed, were it not that I am constantly, as I hope I shall constantly be, guarded with evidence, and that the strongest that can be, even the evidence of the parties themselves.

"From your inquiry," Gunga Govind Sing says to the Council, "every circumstance will appear in its true colors. With respect to the alienation of parts of zemindaries, the extent and consequence of the great zemindars depend in a great measure on the favor and countenance of the ruling powers. By what means did this zemindar of Dinagepore get possession of Purgunnah Buttassim after the death of Rycobad Chowdry in 1158, of Purgunnah Coolygong after the death of Sahebrance Chowderanne in the same year, notwithstanding his heirs existed, and of Purgunnah Suntoe, &c., during the lifetime of Sumboonant, the zemindar, in 1167, all without right, title, or pecuniary consideration? This has been the case with many purgunnahs in his zemindary, and indeed exists in many other zemindaries besides since the Company's accession. Ramkissen, in 1172, got possession of Nurrulloor, the zemindary of Mahomed Ali. The purgunnah of Ichanguipore, &c., was in three divisions in 1173. The petition of Govind Deo Sheopersaud was made over to the son of Bousser Chowdry, possessor of the third share. Purgunnah Baharbund belonged to the zemindary of Ranny Bhowanny, and in 1180 was made over to Lucknaut Nundy. All these changes took place in the lifetime of the rightful possessors, without right, title, or purchase."

Your Lordships have not heard before of Lucknaut Nundy. He was the son of a person of whom your Lordships have heard before, called Cantoo Baboo, the banian of Mr. Hastings. Mr. Hastings has proved in abundance of other cases that a grant to father and son is the same thing. The fathers generally take out grants in the names of their sons: and the Ranny Bhowanny, possessing the zemindary of Radshi, an old lady of the first rank and family in India, was stripped of part of her zemindary, and it was given to Lucknaut Nundy, the son of Mr. Hastings's banian; and then (you see the consequence of good examples) comes Gunga Govind Sing, and says, "I am as good a man as he; there is a zemindary given; then do as much for Gunga Govind Sing as you have done for Cantoo Baboo." Here is an argument drawn from the practice of Mr. Hastings. And this shows your Lordships the necessity of suppressing such iniquities by punishing the author of them. You will punish Mr. Hastings, and no man will hereafter dare to rob minors, no man will hereafter dare to rob widows, to give to the vilest of mankind, their own base instruments for their own nefarious purposes, the lands of others, without right, title, or purchase.

My Lords, I will not after this state to you the false representation of the value of these lands which this man gave in to government. He represented it to be much less than it was, when he desired the grant of them,—as shall be stated, when it comes before your Lordships, at the proper time. But at present I am only touching upon principles, and bringing examples so far as they illustrate principles, and to show how precedents spread.

I believe your Lordships will conceive better of the spirit of these transactions by my intermixing with them, as I shall endeavor to do, as much as possible of the grounds of them. I will venture to say, that no description that I can give, no painting, if I was either able or willing to paint, could make these transactions appear to your Lordships with the strength which they have in themselves; and your Lordships will be convinced of this, when you see, what nobody could hardly believe, that a man can say, "It was given to others without right, title, or purchase,—give it to me without right, title, or purchase; give me the estates of minors without right, title, or purchase, because Mr. Hastings gave the estates of widows without right, title, or purchase."

Of this exemplary grant, of this pattern for future proceedings, I will show your Lordships the consequence. I will read to your Lordships part of the examination of a witness, taken from a report of a committee of the House of Commons.

"Are you acquainted with the situation of the zemindary of Baharbund?—It lies to the eastward of Dinagepore and Rungpore. I was stationed in that neighborhood.—To whom did it originally belong?—I believe, to the zemindary of Radshi, belonging to Ranny Bhowanny.—For what reason was it taken from the Ranny of Radshi and given to Cantoo Baboo?—I do not exactly recollect: I believe, on some plea of incapacity or insufficiency in her to manage it, or some pretended decline in the revenue, owing to mismanagement.—On what terms was it granted to Cantoo Baboo or his son?—I believe it was a grant in perpetuity, at the revenue of Rupees 82,000 or 83,000 per annum.—What amount did he collect from the country?—I cannot tell. The year I was in that neighborhood, the settlement with his under-tenants was something above 3,53,000 rupees. The inhabitants of the country objected to it. They assembled in a body of about five thousand, and were proceeding to Calcutta to make known their grievances to the Committee of Revenue. They were stopped at Cossimbazar by Noor Sing Baboo, the brother of Cantoo Baboo, and there the matter was compromised,—in what manner I cannot say."

Your Lordships see, Mr. Hastings's banian got this zemindary belonging to this venerable lady; unable to protect herself; that it was granted to him without right, title, or purchase. To show you that Mr. Hastings had been in a constant course of such proceeding, here is a petition from a person called —— for some favor from government which it is not necessary now to state. In order to make good his claim, he states what nobody denied, but which is universally known in fact. Says he, "I have never entertained any such intention or idea," that is, of seizing upon other people's zemindaries; "neither am I at all desirous of acquiring any other person's zemindary in this country," &c....

[The document read here is wanting, ending] "as several Calcutta banians have done," &c.

He states it as a kind of constant practice, by which the country had been robbed under Mr. Hastings, known and acknowledged to be so, to seize upon the inheritance of the widow and the fatherless. In this manner did Gunga Govind Sing govern himself, upon the direct precedent of Cantoo Baboo, the banian of Mr. Hastings; and this other instrument of his in like manner calls upon government for favor of some kind or other, upon the same principle and the same precedent.

Your Lordships now see how necessary it was to say something about arbitrary power. For, first, the wicked people of that country (Mr. Hastings's instruments, I mean) pretend right, title, purchase, grant; and when their frauds in all these legal means are discovered, then they fly off, and have recourse to arbitrary power, and say, "It is true I can make out no right, title, grant, or purchase; the parties are minors; I am bound to take care of their right: but you have arbitrary power; you have exercised it upon other occasions; exercise it upon this; give me the rights of other people." This was the last act, and I hope will be the last act, of Mr. Hastings's wicked power, done by the wickedest man in favor of the wickedest man, and by the wickedest means, which failed upon his own testimony.

To bring your Lordships to the end of this business, which I hope will lead me very near to the end of what I have to trouble your Lordships with, I will now state the conduct of the Council, and the resolution about Gunga Govind Sing. I am to inform your Lordships that there was a reference made by the Council to the Committee of Revenue, namely, to Gunga Govind Sing himself,—a reference with regard to the right, title, mode, and proceeding, and many other circumstances; upon which the Committee, being such as I have described, very naturally were silent. Gunga Govind Sing loquitur solus,—in the manner you have just heard; the Committee were the chorus,—they sometimes talk, fill up a vacant part,—but Gunga Govind Sing was the great actor, the sole one. The report of this Committee being laid before the Council, Mr. Stables, one of the board, entered the following minute on the 15th of May, 1785.

"I have perused the several papers upon this subject, and am sorry to observe that the Committee of Revenue are totally silent on the most material points therein, and sending the petition to them has only been so much time thrown away: I mean, on the actual value of the lands in question, what the amount derived from them has been in the last year, and what advantages or disadvantages to government by the sale, and whether, in their opinion, the supposed sale was compulsive or not. But it is not necessary for the discussion of the question respecting the regularity or irregularity of the pretended sale of Salbarry to Gunga Govind Sing, the dewan, to enter into the particular assertions of each party.

"The representations of the Rajah's agent, confirmed by the petitions of his principal, positively assert the sale to have been compulsive and violent; and the dewan as positively denies it, though the fears he expresses, 'that their common enemies would set aside the act before it was complete,' show clearly that they were sensible the act was unjustifiable, if they do not tend to falsify his denial.

"But it is clearly established and admitted by the language and writings of both parties, that there has been a most unwarrantable collusion in endeavoring to alienate the rights of government, contrary to the most positive original laws of the constitution of these provinces, 'that no zemindar and other landholder, paying revenue to government, shall be permitted to alienate his lands without the express authority of that government.'

"The defence set up by Gunga Govind Sing does not go to disavow the transaction; for, if it did, the deed of sale, &c., produced by himself, and the petition to the board for its confirmation, would detect him: on the contrary, he openly admits its existence, and only strives to show that it was a voluntary one on the part of the Ranny and the servants of the Rajah. Whether voluntary or not, it was equally criminal in Gunga Govind Sing, as the public officer of government: because diametrically opposite to the positive and repeated standing orders of that government for the rule of his conduct, as dewan, and native guardian of the public rights intrusted especially to his care; because it was his duty, not only not to be guilty of a breach of those rules himself, but, as dewan, and exercising the efficient office of kanungo, to prevent, detect, expose, and apprise his employers of every instance attempted to the contrary; because it was his duty to prevent the government being defrauded, and the Rajah, a child of nine years old, robbed of his hereditary possessions, as he would have been, if this transaction had not been detected: whereas, on the contrary, the dewan is himself the principal mover and sole instrument in that fraud and robbery, if I am rightly informed, to the amount of 42,474 rupees[1] in perpetuity, by which he alone was to benefit; and because he has even dared to stand forward in an attempt to obtain our sanction, and thereby make us parties to (in my opinion) a false deed and fraudulent transaction, as his own defence now shows the bill of sale and all its collateral papers to be.

"If offences of this dark tendency and magnitude were not to be punished in a public manner, the high example here set the natives employed under the government by their first native officer would very soon render our authority contemptible, and operate to the destruction of the public revenues. I will not dwell further on the contradictions in these papers before us on this subject.

"But I beg leave to point out how tenacious the government have been of insuring implicit obedience to their rules on this subject in particular, and in prohibiting conduct like that here exhibited against their public officer, and how sacredly they have viewed the public institutes on this subject, which have been violated and trampled on; and it will suffice to show their public orders on a similar instance which happened some time ago, and which the dewan, from his official situation, must have been a party in detecting.

"I desire the board's letter to the Committee on this subject, dated the 31st May, 1782, may be read, and a copy be annexed to this minute.

"I therefore move the board that Gunga Govind Sing may be forthwith required to surrender the original deeds produced by him as a title to the grant of Salbarry, in order that they may be returned to the Rajah's agents, to be made null and void.

"I further move the board, that the dewan, Gunga Govind Sing, together with his naib, Prawn Kishin Sing, his son, and all his dependants, be removed from their offices, and that the Roy Royan, Rajah Rajebullub, whose duty only Gunga Govind Sing virtually is to perform, be reinstated in the exercise of the duties of his department; and that Gunga Govind Sing be ordered to deliver up all official papers of the circar to the Committee of Revenue and the Roy Royan, and that they be ordered accordingly to take charge of them, and finally settle all accounts."

This motion was overruled, and no final proceeding appears.

My Lords, you have heard the proceedings of the court before which Gunga Govind Sing thought proper to appeal, in consequence of the power and protection of Mr. Hastings being understood to exist after he left India, and authenticated by his last parting deed. Your Lordships will judge by that last act of Mr. Hastings what the rest of his whole life was.

My Lords, I do not mean now to go further than just to remind your Lordships of this, that Mr. Hastings's government was one whole system of oppression, of robbery of individuals, of destruction of the public, and of suppression of the whole system of the English government, in order to vest in the worst of the natives all the powers that could possibly exist in any government,—in order to defeat the ends which all governments ought in common to have in view. Thus, my Lords, I show you at one point of view what you are to expect from him in all the rest. I have, I think, made out as clear as can be to your Lordships, so far as it was necessary to go, that his bribery and peculation was not occasional, but habitual,—that it was not urged upon him at the moment, but was regular and systematic. I have shown to your Lordships the operation of such a system on the revenues.

My Lords, Mr. Hastings pleads one constant merit to justify those acts,—namely, that they produce an increase of the public revenue; and accordingly he never sells to any of those wicked agents any trusts whatever in the country, that you do not hear that it will considerably tend to the increase of the revenue. Your Lordships will see, when he sold to wicked men the province of Bahar in the same way in which Debi Sing had this province of Dinagepore, that consequences of a horrid and atrocious nature, though not to so great an extent, followed from it. I will just beg leave to state to your Lordships, that the kingdom of Bahar is annexed to the kingdom of Bengal; that this kingdom was governed by another Provincial Council; that he turned out that Provincial Council, and sold that government to two wicked men: one of no fortune at all, and the other of a very suspicious fortune; one a total bankrupt, the other justly excommunicated for his wickedness in his country, and then in prison for misdemeanors in a subordinate situation of government. Mr. Hastings destroyed the Council that imprisoned him; and, instead of putting one of the best and most reputable of the natives to govern it, he takes out of prison this excommunicated wretch, hated by God and man,—this bankrupt, this man of evil and desperate character, this mismanager of the public revenue in an inferior station; and, as he had given Bengal to Gunga Govind Sing, he gave this province to Rajahs Kelleram and Cullian Sing. It was done upon this principle, that they would increase and very much better the revenue. These men seemed to be as strange instruments for improving a revenue as ever were chosen, I suppose, since the world began. Perhaps their merit was giving a bribe of 40,000l. to Mr. Hastings. How he disposed of it I don't know. He says, "I disposed of it to the public, and it was in a case of emergency." You will see in the course of this business the falsehood of that pretence; for you will see, though the obligation is given for it as a round sum of money, that the payment was not accomplished till a year after; that therefore it could not answer any immediate exigence of the Company. Did it answer in an increase of the revenue? The very reverse. Those persons who had given this bribe of 40,000l. at the end of that year were found 80,000l. in debt to the Company. The Company always loses, when Mr. Hastings takes a bribe; and when he proposes an increase of the revenue, the Company loses often double. But I hope and trust your Lordships will consider this idea of a monstrous rise of rent, given by men of desperate fortunes and characters, to be one of the grievances instead of one of the advantages of this system.

It has been necessary to lay these facts before you, (and I have stated them to your Lordships far short of their reality, partly through my infirmity, and partly on account of the odiousness of the task of going through things that disgrace human nature,) that you may be enabled fully to enter into the dreadful consequences which attend a system of bribery and corruption in a Governor-General. On a transient view, bribery is rather a subject of disgust than horror,—the sordid practice of a venal, mean, and abject mind; and the effect of the crime seems to end with the act. It looks to be no more than the corrupt transfer of property from one person to another,—at worst a theft. But it will appear in a very different light, when you regard the consideration for which the bribe is given,—namely, that a Governor-General, claiming an arbitrary power in himself, for that consideration delivers up the properties, the liberties, and the lives of an whole people to the arbitrary discretion of any wicked and rapacious person, who will be sure to make good from their blood the purchase he has paid for his power over them. It is possible that a man may pay a bribe merely to redeem himself from some evil. It is bad, however, to live under a power whose violence has no restraint except in its avarice. But no man ever paid a bribe for a power to charge and tax others, but with a view to oppress them. No man ever paid a bribe for the handling of the public money, but to peculate from it. When once such offices become thus privately and corruptly venal, the very worst men will be chosen (as Mr. Hastings has in fact constantly chosen the very worst); because none but those who do not scruple the use of any means are capable, consistently with profit, to discharge at once the rigid demands of a severe public revenue and the private bribes of a rapacious chief magistrate. Not only the worst men will be thus chosen, but they will be restrained by no dread whatsoever in the execution of their worst oppressions. Their protection is sure. The authority that is to restrain, to control, to punish them is previously engaged; he has his retaining fee for the support of their crimes. Mr. Hastings never dared, because he could not, arrest oppression in its course, without drying up the source of his own corrupt emolument. Mr. Hastings never dared, after the fact, to punish extortion in others, because he could not, without risking the discovery of bribery in himself. The same corruption, the same oppression, and the same impunity will reign through all the subordinate gradations.

A fair revenue may be collected without the aid of wicked, violent, and unjust instruments. But when once the line of just and legal demand is transgressed, such instruments are of absolute necessity; and they comport themselves accordingly. When we know that men must be well paid (and they ought to be well paid) for the performance of honorable duty, can we think that men will be found to commit wicked, rapacious, and oppressive acts with fidelity and disinterestedness for the sole emolument of dishonest employers? No: they must have their full share of the prey, and the greater share, as they are the nearer and more necessary instruments of the general extortion. We must not, therefore, flatter ourselves, when Mr. Hastings takes 40,000l. in bribes for Dinagepore and its annexed provinces, that from the people nothing more than 40,000l. is extorted. I speak within compass, four times forty must be levied on the people; and these violent sales, fraudulent purchases, confiscations, inhuman and unutterable tortures, imprisonment, irons, whips, fines, general despair, general insurrection, the massacre of the officers of revenue by the people, the massacre of the people by the soldiery, and the total waste and destruction of the finest provinces in India, are things of course,—and all a necessary consequence involved in the very substance of Mr. Hastings's bribery.

I therefore charge Mr. Hastings with having destroyed, for private purposes, the whole system of government by the six Provincial Councils, which he had no right to destroy.

I charge him with having delegated to others that power which the act of Parliament had directed him to preserve unalienably in himself.

I charge him with having formed a committee to be mere instruments and tools, at the enormous expense of 62,000l. per annum.

I charge him with having appointed a person their dewan to whom these Englishmen were to be subservient tools,—whose name, to his own knowledge, was, by the general voice of India, by the general recorded voice of the Company, by recorded official transactions, by everything that can make a man known, abhorred, and detested, stamped with infamy; and with giving him the whole power which he had thus separated from the Council-General, and from the Provincial Councils.

I charge him with taking bribes of Gunga Govind Sing.

I charge him with not having done that bribe-service which fidelity even in iniquity requires at the hands of the worst of men.

I charge him with having robbed those people of whom he took the bribes.

I charge him with having fraudulently alienated the fortunes of widows.

I charge him with having, without right, title, or purchase, taken the lands of orphans, and given them to wicked persons under him.

I charge him with having removed the natural guardians of a minor Rajah, and with having given that trust to a stranger, Debi Sing, whose wickedness was known to himself and all the world, and by whom the Rajah, his family, and dependants were cruelly oppressed.

I charge him with having committed to the management of Debi Sing three great provinces; and thereby with having wasted the country, ruined the landed interest, cruelly harassed the peasants, burnt their houses, seized their crops, tortured and degraded their persons, and destroyed the honor of the whole female race of that country.

In the name of the Commons of England, I charge all this villany upon Warren Hastings, in this last moment of my application to you.

My Lords, what is it that we want here to a great act of national justice? Do we want a cause, my Lords? You have the cause of oppressed princes, of undone women of the first rank, of desolated provinces, and of wasted kingdoms.

Do you want a criminal, my Lords? When was there so much iniquity ever laid to the charge of any one? No, my Lords, you must not look to punish any other such delinquent from India. Warren Hastings has not left substance enough in India to nourish such another delinquent.

My Lords, is it a prosecutor you want? You have before you the Commons of Great Britain as prosecutors; and I believe, my Lords, that the sun, in his beneficent progress round the world, does not behold a more glorious sight than that of men, separated from a remote people by the material bounds and barriers of Nature, united by the bond of a social and moral community,—all the Commons of England resenting, as their own, the indignities and cruelties that are offered to all the people of India.

Do we want a tribunal? My Lords, no example of antiquity, nothing in the modern world, nothing in the range of human imagination, can supply us with a tribunal like this. My Lords, here we see virtually, in the mind's eye, that sacred majesty of the crown, under whose authority you sit, and whose power you exercise. We see in that invisible authority, what we all feel in reality and life, the beneficent powers and protecting justice of his Majesty. We have here the heir-apparent to the crown, such as the fond wishes of the people of England wish an heir-apparent of the crown to be. We have here all the branches of the royal family, in a situation between majesty and subjection, between the sovereign and the subject,—offering a pledge in that situation for the support of the rights of the crown and the liberties of the people, both which extremities they touch. My Lords, we have a great hereditary peerage here,—those who have their own honor, the honor of their ancestors and of their posterity to guard, and who will justify, as they have always justified, that provision in the Constitution by which justice is made an hereditary office. My Lords, we have here a new nobility, who have risen and exalted themselves by various merits,—by great military services which have extended the fame of this country from the rising to the setting sun. We have those who, by various civil merits and various civil talents, have been exalted to a situation which they well deserve, and in which they will justify the favor of their sovereign, and the good opinion of their fellow-subjects, and make them rejoice to see those virtuous characters that were the other day upon a level with them now exalted above them in rank, but feeling with them in sympathy what they felt in common with them before. We have persons exalted from the practice of the law, from the place in which they administered high, though subordinate, justice, to a seat here, to enlighten with their knowledge and to strengthen with their votes those principles which have distinguished the courts in which they have presided.

My Lords, you have here also the lights of our religion, you have the bishops of England. My Lords, you have that true image of the primitive Church, in its ancient form, in its ancient ordinances, purified from the superstitions and the vices which a long succession of ages will bring upon the best institutions. You have the representatives of that religion which says that their God is love, that the very vital spirit of their institution is charity,—a religion which so much hates oppression, that, when the God whom we adore appeared in human form, He did not appear in a form of greatness and majesty, but in sympathy with the lowest of the people, and thereby made it a firm and ruling principle that their welfare was the object of all government, since the Person who was the Master of Nature chose to appear Himself in a subordinate situation. These are the considerations which influence them, which animate them, and will animate them, against all oppression,—knowing that He who is called first among them, and first among us all, both of the flock that is fed and of those who feed it, made Himself "the servant of all."

My Lords, these are the securities which we have in all the constituent parts of the body of this House. We know them, we reckon, we rest upon them, and commit safely the interests of India and of humanity into your hands. Therefore it is with confidence, that, ordered by the Commons,

I impeach Warren Hastings, Esquire, of high crimes and misdemeanors.

I impeach him in the name of the Commons of Great Britain in Parliament assembled, whose Parliamentary trust he has betrayed.

I impeach him in the name of all the Commons of Great Britain, whose national character he has dishonored.

I impeach him in the name of the people of India, whose laws, rights, and liberties he has subverted, whose properties he has destroyed, whose country he has laid waste and desolate.

I impeach him in the name and by virtue of those eternal laws of justice which he has violated.

I impeach him in the name of human nature itself, which he has cruelly outraged, injured, and oppressed, in both sexes, in every age, rank, situation, and condition of life.

FOOTNOTES:

[1] Vakeel states Mofussil Jumma, of Salbarry, for 1,191

S* R* 96,229 Purchase money 53,755 ——— Per annum, loss 42,474



SPEECHES

IN

THE IMPEACHMENT

OF

WARREN HASTINGS, ESQUIRE,

LATE GOVERNOR-GENERAL OF BENGAL.

* * * * *

SPEECH ON THE SIXTH ARTICLE OF CHARGE.

April and May, 1789.



NOTE.

After Mr. Burke had concluded the opening speeches, the first article of the impeachment was brought forward, on the 22d of February, 1788, by Mr. Fox, and supported by Mr. Grey on the 25th. After the evidence upon this article had been adduced, it was summed up and enforced by Mr. Anstruther, on the 11th day of April following.

The next article with which the Commons proceeded was brought forward on the 15th of April, 1788, by Mr. Adam, and supported by Mr. Pelham; and the evidence, in part upon the second article of charge, was summed up and enforced, on the 3d of June, by Mr. Sheridan.

On the 21st of April, 1789, Mr. Burke opened the sixth charge, bribery and corruption, in the following speech, which was continued on the 25th of April, and on the 6th and 7th May, in the same session.



SPEECH

ON

THE SIXTH ARTICLE OF CHARGE.

FIRST DAY: TUESDAY, APRIL 21, 1789.

My Lords,—An event which had spread for a considerable time an universal grief and consternation through this kingdom, and which in its issue diffused as universal and transcendent a joy, has in the circumstances both of our depression and of our exaltation produced a considerable delay, if not a total suspension, of the most important functions of government.

My Lords, we now resume our office,—and we resume it with new and redoubled alacrity, and, we trust, under not less propitious omens than when we left it, in this House, at the end of the preceding session. We come to this duty with a greater degree of earnestness and zeal, because we are urged to it by many and very peculiar circumstances. This day we come from an House where the last steps were taken (and I suppose something has happened similar in this) to prepare our way to attend with the utmost solemnity, in another place, a great national thanksgiving for having restored the sovereign to his Parliament and the Parliament to its sovereign.

But, my Lords, it is not only in the house of prayer that we offer to the First Cause the acceptable homage of our rational nature,—my Lords, in this House, at this bar, in this place, in every place where His commands are obeyed, His worship is performed. And, my Lords, I must boldly say, (and I think I shall hardly be contradicted by your Lordships, or by any persons versed in the law which guides us all,) that the highest act of religion, and the highest homage which we can and ought to pay, is an imitation of the Divine perfections, as far as such a nature can imitate such perfections, and that by this means alone we can make our homage acceptable to Him.

My Lords, in His temple we shall not forget that His most distinguished attribute is justice, and that the first link in the chain by which we are held to the Supreme Judge of All is justice; and that it is in this solemn temple of representative justice we may best give Him praise, because we can here best imitate His divine attributes. If ever there was a cause in which justice and mercy are not only combined and reconciled, but incorporated, it is in this cause of suffering nations, which we now bring before your Lordships this second session of Parliament, unwearied and unfatigued in our persevering pursuit; and we feel it to be a necessary preliminary, a necessary fact, a necessary attendant and concomitant of every public thanksgiving, that we should express our gratitude by our virtues, and not merely with our mouths, and that, when we are giving thanks for acts of mercy, we should render ourselves worthy of them by doing acts of mercy ourselves. My Lords, these considerations, independent of those which were our first movers in this business, strongly urge us at present to pursue with all zeal and perseverance the great cause we have now in hand. And we feel this to be the more necessary, because we cannot but be sensible that light, unstable, variable, capricious, inconstant, fastidious minds soon tire in any pursuit that requires strength, steadiness, and perseverance. Such persons, who we trust are but few, and who certainly do not resemble your Lordships nor us, begin already to say, How long is this business to continue? Our answer is, It is to continue till its ends are obtained.

We know, that, by a mysterious dispensation of Providence, injury is quick and rapid, and justice slow; and we may say that those who have not patience and vigor of mind to attend the tardy pace of justice counteract the order of Providence, and are resolved not to be just at all. We, therefore, instead of bending the order of Nature to the laxity of our characters and tempers, must rather confirm ourselves by a manly fortitude and virtuous perseverance to continue within those forms, and to wrestle with injustice, until we have shown that those virtues which sometimes wickedness debauches into its cause, such as vigor, energy, activity, fortitude of spirit, are called back and brought to their true and natural service,—and that in the pursuit of wickedness, in the following it through all the winding recesses and mazes of its artifices, we shall show as much vigor, as much constancy, as much diligence, energy, and perseverance, as any others can do in endeavoring to elude the laws and triumph over the justice of their country. My Lords, we have thought it the more necessary to say this, because it has been given out that we might faint in this business. No: we follow, and trust we shall always follow, that great emblem of antiquity, in which the person who held out to the end of a long line of labors found the reward of all the eleven in the twelfth. Our labor, therefore, will be our reward; and we will go on, we will pursue with vigor and diligence, in a manner suitable to the Commons of Great Britain, every mode of corruption, till we have thoroughly eradicated it.

I think it necessary to say a word, too, upon another circumstance, of which there is some complaint, as if some injustice had arisen from voluntary delay on our part.

I have already alluded to, first, the melancholy, then the joyful occasion of this delay; and I shall now make one remark on another part of the complaint, which I understand was formally made to your Lordships soon after we had announced our resolution to proceed in this great cause of suffering nations before you. It has been alleged, that the length of the pursuit had already very much distressed the person who is the object of it,—that it leaned upon a fortune unequal to support it,—and that 30,000l. had been already spent in the preliminary preparations for the defence.

My Lords, I do admit that all true, genuine, and unadulterated justice considers with a certain degree of tenderness the person whom it is called to punish, and never oppresses those by the process who ought not to be oppressed but by the sentence of the court before which they are brought. The Commons have heard, indeed, with some degree of astonishment, that 30,000l. hath been laid out by Mr. Hastings in this business. We, who have some experience in the conduct of affairs of this nature, we, who profess to proceed with regard not to the economy so much as to the rigor of this prosecution, (and we are justified by our country in so doing,) upon a collation and comparison of the public expenses with those which the defendant is supposed to have incurred, are much surprised to hear it. We suppose that his solicitors can give a good account to him of those expenses,—that the thing is true,—and that he has actually, through them, incurred this expense. We have nothing to do with this: but we shall remove any degree of uneasiness from your Lordships' minds, and from our own, when we show you in the charge which we shall bring before you this day, that one bribe only received by Mr. Hastings, the smallest of his bribes, or nearly the smallest, the bribe received from Rajah Nobkissin, is alone more than equal to have paid all the charges Mr. Hastings is stated to have incurred; and if this be the case, your Lordships will not be made very uneasy in a case of bribery by finding that you press upon the sources of peculation.

It has also been said that we weary out the public patience in this cause. The House of Commons do not call upon your Lordships to do anything of which they do not set the example. They have very lately sat in the Colchester Committee as many, within one or two, days successively as have been spent in this trial interruptedly in the course of two years. Every cause deserves that it should be tried according to its nature and circumstances; and in the case of the Colchester Committee, in the trial of paltry briberies of odd pounds, shillings, and pence, in the corruption of a returning officer, who is but a miller, they spent nearly the same number of days that we have been inquiring into the ruin of kingdoms by the peculation and bribery of the chief governor of the provinces of Bengal, Bahar, and Orissa. Therefore God forbid that we should faint at thrice thirty days, if the proceedings should be drawn into such a length, when for a small crime as much time has been spent as has yet been spent in this great cause!

Having now cleared the way with regard to the local and temporary circumstances of this case,—having shown your Lordships that too much time has not been spent in it,—having no reason to think, from the time which has hitherto been spent, that time will be unnecessarily spent in future,—I trust your Lordships will think that time ought neither to be spared nor squandered in this business: we will therefore proceed, article by article, as far as the discretion of the House of Commons shall think fit, for the justice of the case, to limit the inquiry, or to extend it.

We are now going to bring before your Lordships the sixth article. It is an article of charge of bribery and corruption against Mr. Hastings; but yet we must confess that we feel some little difficulty in limine. We here appear in the name and character not only of representatives of the Commons of Great Britain, but representatives of the inhabitants of Bengal: and yet we have had lately come into our hands such ample certificates, such full testimonials, from every person in whose cause we complain, that we shall appear to be in the strangest situation in the world,—the situation of persons complaining, who are disavowed by the persons in whose name and character they complain. This would have been a very great difficulty in the beginning, especially as it is come before us in a flood-tide of panegyric. No encomium can be more exalted or more beautifully expressed. No language can more strongly paint the perfect satisfaction, the entire acquiescence, of all the nations of Bengal, and their wonderful admiration of the character of the person whom we have brought as a criminal to your bar upon their part. I do admit that it is a very awkward circumstance; but yet, at the same time, the same candor which has induced the House of Commons to bring before you the bosom friends and confidants of Mr. Hastings as their evidence will not suffer them to suppress or withhold for a moment from your Lordships this universal voice of Bengal, as an attestation in Mr. Hastings's favor, and we shall produce it as a part of our evidence. Oh, my Lords, consider the situation of a people who are forced to mix their praises with their groans, who are forced to sign, with hands which have been in torture, and with the thumb-screws but just taken from them, an attestation in favor of the person from whom all their sufferings have been derived! When we prove to you the things that we shall prove, this will, I hope, give your Lordships a full, conclusive, and satisfactory proof of the misery to which these people have been reduced. You will see before you, what is so well expressed by one of our poets as the homage of tyrants, "that homage with the mouth which the heart would fain deny, but dares not." Mr. Hastings has received that homage, and that homage we mean to present to your Lordships: we mean to present it, because it will show your Lordships clearly, that, after Mr. Hastings has ransacked Bengal from one end to the other, and has used all the power which he derives from having every friend and every dependant of his in every office from one end of that government to the other, he has not, in all those panegyrics, those fine high-flown Eastern encomiums, got one word of refutation or one word of evidence against any charge whatever which we produce against him. Every one knows, that, in the course of criminal trials, when no evidence of alibi can be brought, when all the arts of the Old Bailey are exhausted, the last thing produced is evidence to character. His cause, therefore, is gone, when, having ransacked Bengal, he has nothing to say for his conduct, and at length appeals to his character. In those little papers which are given us of our proceedings in our criminal courts, it is always an omen of what is to follow: after the evidence of a murder, a forgery, or robbery, it ends in his character: "He has an admirable character; I have known him from a boy; he is wonderfully good; he is the best of men; I would trust him with untold gold": and immediately follows, "Guilty,—Death." This is the way in which, in our courts, character is generally followed by sentence. The practice is not modern. Undoubtedly Mr. Hastings has the example of criminals of high antiquity; for Caius Verres, Antonius, and every other man who has been famous for the pillage and destruction of provinces, never failed to bring before their judges the attestations of the injured to their character. Voltaire says, "Les bons mots sont toujours redits." A similar occasion has here produced a similar conduct. He has got just the same character as Caius Verres got in another cause; and the laudationes, which your Lordships know always followed, to save trouble, we mean ourselves to give your Lordships; we mean to give them with this strong presumption of guilt, that in all this panegyric there is not one word of defence to a single article of charge; they are mere lip-honors: but we think we derive from those panegyrics, which Mr. Hastings has had sent over as evidence to supply the total want of it, an indication of the impossibility of attaining it. Mr. Hastings has brought them here, and I must say we are under some difficulty about them, and the difficulty is this. We think we can produce before your Lordships proofs of barbarity and peculation by Mr. Hastings; we have the proofs of them in specific provinces, where those proofs may be met by contrary proofs, or may lose their weight from a variety of circumstances. We thought we had got the matter sure, that everything was settled, that he could not escape us, after he had himself confessed the bribes he had taken from the specific provinces. But in what condition are we now? We have from those specific provinces the strongest attestations that there is not any credit to be paid to his own acknowledgments. In short, we have the complaints, concerning these crimes of Mr. Hastings, of the injured persons themselves; we have his own confessions; we shall produce both to your Lordships. But these persons now declare, that not only their own complaints are totally unfounded, but that Mr. Hastings's confessions are not true, and not to be credited. These are circumstances which your Lordships will consider in the view you take of this wonderful body of attestation.

It is a pleasant thing to see in these addresses the different character and modes of eloquence of different countries. In those that will be brought before your Lordships you will see the beauty of chaste European panegyric improved by degrees into high, Oriental, exaggerated, and inflated metaphor. You will see how the language is first written in English, then translated into Persian, and then retranslated into English. There may be something amusing to your Lordships in this, and the beauty of these styles may, in this heavy investigation, tend to give a little gayety and pleasure. We shall bring before you the European and Asiatic incense. You will have the perfume-shops of the two countries.

One of the accusations which we mean to bring against Mr. Hastings is upon the part of the Zemindar Radanaut, of the country of Dinagepore. Now hear what the Zemindar says himself. "As it has been learned by me, the mutsuddies, and the respectable officers of my zemindary, that the ministers of England are displeased with the late Governor, Warren Hastings, Esquire, upon the suspicion that he oppressed us, took money from us by deceit and force, and ruined the country, therefore we, upon the strength of our religion, which we think it incumbent on and necessary for us to abide by, following the rules laid down in giving evidence, declare the particulars of the acts and deeds of Warren Hastings, Esquire, full of circumspection and caution, civility and justice, superior to the conduct of the most learned, and, by representing what is fact, wipe away the doubts that have possessed the minds of the ministers of England; that Mr. Hastings is possessed of fidelity and confidence, and yielding protection to us; that he is clear of the contamination of mistrust and wrong, and his mind is free of covetousness or avarice. During the time of his administration no one saw other conduct than that of protection to the husbandman, and justice. No inhabitant ever experienced afflictions, no one ever felt oppression from him; our reputations have always been guarded from attacks by his prudence, and our families have always been protected by his justice. He never omitted the smallest instance of kindness towards us, but healed the wounds of despair with the salve of consolation by means of his benevolent and kind behavior, never permitting one of us to sink in the pit of despondence. He supported every one by his goodness, overset the designs of evil-minded men by his authority, tied the hand of oppression with the strong bandage of justice, and by these means expanded the pleasing appearance of happiness and joy over us. He reestablished justice and impartiality. We were during his government in the enjoyment of perfect happiness and ease, and many of us are thankful and satisfied. As Mr. Hastings was well acquainted with our manners and customs, he was always desirous, in every respect, of doing whatever would preserve our religious rites, and guard them against every kind of accident and injury, and at all times protected us. Whatever we have experienced from him, and whatever happened from him, we have written without deceit or exaggeration."

My Lords, here is a panegyric; and, directly contrary to the usual mode of other accusers, we begin by producing the panegyrics made upon the person whom we accuse. We shall produce along with the charge, and give as evidence, the panegyric and certificate of the persons whom we suppose to have suffered these wrongs. We suffer ourselves even to abandon, what might be our last resource, his own confession, by showing that one of the princes from whom he confesses that he took bribes has given a certificate of the direct contrary.

All these things will have their weight upon your Lordships' minds; and when we have put ourselves under this disadvantage, (what disadvantage it is your Lordships will judge,) at least we shall stand acquitted of unfairness in charging him with crimes directly contrary to the panegyrics in this paper contained. Indeed, I will say this for him, that general charge and loose accusation may be answered by loose and general panegyric, and that, if ours were of that nature, this panegyric would be sufficient to overset our accusation. But we come before your Lordships in a different manner and upon different grounds. I am ordered by the Commons of Great Britain to support the charge that they have made, and persevere in making, against Warren Hastings, Esquire, late Governor-General of Bengal, and now a culprit at your bar: First, for having taken corruptly several bribes, and extorted by force, or under the power and color of his office, several sums of money from the unhappy natives of Bengal. The next article which we shall bring before you is, that he is not only personally corrupted, but that he has personally corrupted all the other servants of the Company,—those under him, whose corruptions he ought to have controlled, and those above him, whose business it was to control his corruptions.

We purpose to make good to your Lordships the first of these, by submitting to you, that part of those sums which are specified in the charge were taken by him with his own hand and in his own person, but that much the greater part have been taken from the natives by the instrumentality of his black agents, banians, and other dependants,—whose confidential connection with him, and whose agency on his part in corrupt transactions, if his counsel should be bold enough to challenge us to the proof, we shall fully prove before you. The next part, and the second branch of his corruption, namely, what is commonly called his active corruption, distinguishing the personal under the name of passive, will appear from his having given, under color of contracts, a number of corrupt and lucrative advantages from a number of unauthorized and unreasonable grants, pensions, and allowances, by which he corrupted actively the whole service of the Company. And, lastly, we shall show, that, by establishing a universal connivance from one end of the service to the other, he has not only corrupted and contaminated it in all its parts, but bound it in a common league of iniquity to support mutually each other against the inquiry that should detect and the justice that should punish their offences. These two charges, namely, of his active and passive corruption, we shall bring one after the other, as strongly and clearly illustrating and as powerfully confirming each other.

The first which we shall bring before you is his own passive corruption,—so we commonly call it. Bribes are so little known in this country that we can hardly get clear and specific technical names to distinguish them; but in future, I am afraid, the conduct of Mr. Hastings will improve our law vocabulary. The first, then, of these offences with which Mr. Hastings stands charged here is receiving bribes himself, or through his banians. Every one of these are overt acts of the general charge of bribery, and they are every one of them, separately taken, substantive crimes. But whatever the criminal nature of these acts was, (and the nature was very criminal, and the consequences to the country very dreadful,) yet we mean to prove to your Lordships that they were not single acts, that they were not acts committed as opportunity offered, or as necessity tempted or urged upon the occasion, but that they are parts of a general systematic plan of corruption, for advancing his fortune at the expense of his integrity; that he has, for that purpose, not only taken the opportunity of his own power, but made whole establishments, altered and perverted others, and created complete revolutions in the country's government, for the purpose of making the power which ought to be subservient to legal government subservient to corruption; that, when he could no longer cover these fraudulent proceedings by artifice, he endeavored to justify them by principle. These artifices we mean to detect; these principles we mean to attack, and, with your Lordships' aid, to demolish, destroy, and subvert forever.

My Lords, I must say, that in this business, which is a matter of collusion, concealment, and deceit, your Lordships will, perhaps, not feel the same degree of interest as in the others. Hitherto you have had before you crimes of dignity: you have had before you the ruin and expulsion of great and illustrious families, the breach of solemn public treaties, the merciless pillage and total subversion of the first houses in Asia. But the crimes which are the most striking to the imagination are not always the most pernicious in their effects: in these high, eminent acts of domineering tyranny, their very magnitude proves a sort of corrective to their virulence. The occasions on which they can be exercised are rare; the persons upon whom they can be exercised few; the persons who can exercise them, in the nature of things, are not many. These high tragic acts of superior, overbearing tyranny are privileged crimes; they are the unhappy, dreadful prerogative, they are the distinguished and incommunicable attributes, of superior wickedness in eminent station.

But, my Lords, when the vices of low, sordid, and illiberal minds infect that high situation,—when theft, bribery, and peculation, attended with fraud, prevarication, falsehood, misrepresentation, and forgery—when all these follow in one train,—when these vices, which gender and spawn in dirt, and are nursed in dunghills, come and pollute with their slime that throne which ought to be a seat of dignity and purity, the evil is much greater; it may operate daily and hourly; it is not only imitable, but improvable, and it will be imitated, and will be improved, from the highest to the lowest, through all the gradations of a corrupt government. They are reptile vices. There are situations in which the acts of the individual are of some moment, the example comparatively of little importance. In the other, the mischief of the example is infinite.

My Lords, when once a Governor-General receives bribes, he gives a signal to universal pillage to all the inferior parts of the service. The bridles upon hard-mouthed passion are removed; they are taken away; they are broken. Fear and shame, the great guards to virtue next to conscience, are gone. Shame! how can it exist?—it will soon blush away its awkward sensibility. Shame, my Lords, cannot exist long, when it is seen that crimes which naturally bring disgrace are attended with all the outward symbols, characteristics, and rewards of honor and of virtue,—when it is seen that high station, great rank, general applause, vast wealth follow the commission of peculation and bribery. Is it to be believed that men can long be ashamed of that which they see to be the road to honor? As to fear, let a Governor-General once take bribes, there is an end of all fear in the service. What have they to fear? Is it the man whose example they follow that is to bring them before a tribunal for their punishment? Can he open any inquiry? He cannot: he that opens a channel of inquiry under these circumstances opens a high-road to his own detection. Can he make any laws to prevent it? None: for he can make no laws to restrain that practice without the breach of his own laws immediately in his own conduct. If we once can admit, for a single instant, in a Governor-General, a principle, however defended, upon any pretence whatever, to receive bribes in consequence of his office, there is an end of all virtue, an end of the laws, and no hope left in the supreme justice of the country. We are sensible of all these difficulties; we have felt them; and perhaps it has required no small degree of exertion for us to get the better of these difficulties which are thrown in our way by a Governor-General accepting bribes, and thereby screening and protecting the whole service in such iniquitous proceedings.

With regard to this matter, we are to state to your Lordships, in order to bring it fully and distinctly before you, what the nature of this distemper of bribery is in the Indian government. We are to state what the laws and rules are which have been opposed to prevent it, and the utter insufficiency of all that have been proposed: to state the grievance, the instructions of the Company and government, the acts of Parliament, the constructions upon the acts of Parliament. We are to state to your Lordships the particular situation of Mr. Hastings; we are to state the trust the Company had in him for the prevention of all those evils; and then we are to prove that every evil, that all those grievances which the law intended to prevent, which there were covenants to restrain, and with respect to which there were encouragements to smooth and make easy the path of duty, Mr. Hastings was invested with a special, direct, and immediate trust to prevent. We are to prove to your Lordships that he is the man who, in his own person collectively, has done more mischief than all those persons whose evil practices have produced all those laws, those regulations, and even his own appointment.

The first thing that we shall do is to state, and which we shall prove in evidence, that this vice of bribery was the ancient, radical, endemical, and ruinous distemper of the Company's affairs in India, from the time of their first establishment there. Very often there are no words nor any description which can adequately convey the state of a thing like the direct evidence of the thing itself: because the former might be suspected of exaggeration; you might think that which was really fact to be nothing but the coloring of the person that explained it; and therefore I think that it will be much better to give to your Lordships here a direct state of the Presidency at the time when the Company enacted those covenants which Mr. Hastings entered into, and when they took those measures to prevent the very evils from persons placed in those very stations and in those very circumstances in which we charge Mr. Hastings with having committed the offences we now bring before you.

I wish your Lordships to know that we are going to read a consultation of Lord Clive's, who was sent out for the express purpose of reforming the state of the Company, in order to show the magnitude of the pecuniary corruptions that prevailed in it.

"It is from a due sense of the regard we owe and profess to your interests and to our own honor, that we think it indispensably necessary to lay open to your view a series of transactions too notoriously known to be suppressed, and too affecting to your interest, to the national character, and to the existence of the Company in Bengal, to escape unnoticed and uncensured,—transactions which seem to demonstrate that every spring of this government was smeared with corruption, that principles of rapacity and oppression universally prevailed, and that every spark of sentiment and public spirit was lost and extinguished in the unbounded lust of unmerited wealth.

"To illustrate these positions, we must exhibit to your view a most unpleasing variety of complaints, inquiries, accusations, and vindications, the particulars of which are entered in our Proceedings and the Appendix,—assuring you that we undertake this task with peculiar reluctance, from the personal regard we entertain for some of the gentlemen whose characters will appear to be deeply affected.

"At Fort St. George we received the first advices of the demise of Mir Jaffier and of Sujah Dowlah's defeat. It was there firmly imagined that no definite measures would be taken, either in respect to a peace or filling the vacancy in the nizamut, before our arrival,—as the 'Lapwing' arrived in the month of January with your general letter, and the appointment of a committee with express powers to that purpose, for the successful exertion of which the happiest occasion now offered. However, a contrary resolution prevailed in the Council. The opportunity of acquiring immense fortunes was too inviting to be neglected, and the temptation too powerful to be resisted. A treaty was hastily drawn up by the board, or rather transcribed, with few unimportant additions, from that concluded with Mir Jaffier,—and a deputation, consisting of Messrs. Johnstone, senior, Middleton, and Leycester, appointed to raise the natural son of the deceased Nabob to the subahdarry, in prejudice of the claim of the grandson; and for this measure such reasons are assigned as ought to have dictated a diametrically opposite resolution. Meeran's son was a minor, which circumstance alone would have naturally brought the whole administration into our hands, at a juncture when it became indispensably necessary we should realize that shadow of power and influence which, having no solid foundation, was exposed to the danger of being annihilated by the first stroke of adverse fortune. But this inconsistence was not regarded; nor was it material to the views for precipitating the treaty, which was pressed on the young Nabob at the first interview, in so earnest and indelicate a manner as highly disgusted him and chagrined his ministers; while not a single rupee was stipulated for the Company, whose interests were sacrificed, that their servants might revel in the spoils of a treasury before impoverished, but now totally exhausted.

"This scene of corruption was first disclosed, at a visit the Nabob was paid, to Lord Clive and the gentlemen of the Committee, a few days after our arrival. He there delivered to his Lordship a letter filled with bitter complaints of the insults and indignities he had been exposed to, and the embezzlement of near twenty lacs of rupees, issued from his treasury for purposes unknown, during the late negotiations. So public a complaint could not be disregarded, and it soon produced an inquiry. We referred the letter to the board, in expectation of obtaining a satisfactory account of the application of this money, and were answered only by a warm remonstrance entered by Mr. Leycester against that very Nabob in whose elevation he boasts of having been a principal agent.

"Mahomed Reza Khan, the Naib Subah, was then called upon to account for this large disbursement from the treasury; and he soon delivered to the Committee the very extraordinary narrative entered in our Proceedings the 6th of June, wherein he specifies the several names and sums, by whom paid, and to whom, whether in cash, bills, or obligations. So precise, so accurate an account as this of money for secret and venal services was never, we believe, before this period, exhibited to the Honorable Court of Directors,—at least, never vouched by such undeniable testimony and authentic documents: by Juggut Seet, who himself was obliged to contribute largely to the sums demanded; by Muley Ram, who was employed by Mr. Johnstone in all those pecuniary transactions; by the Nabob and Mahomed Reza Khan, who were the heaviest sufferers; and, lastly, by the confession of the gentlemen themselves whose names are specified in the distribution list.