Now there is something
particular
in a
man's being the solicitor to a party who was prosecuting another, and continuing afterwards in his
office, and becoming the solicitor to the party prosecuted.
man's being the solicitor to a party who was prosecuting another, and continuing afterwards in his
office, and becoming the solicitor to the party prosecuted.
Edmund Burke
After the business had
ended in India, the causes why he should have given
the explanation grew stronger and stronger: for not
only the charges exhibited against him were weighty,
but the manner in which he was called upon to inquire
into them was such as would undoubtedly tend to stir
the mind of a man of character, to rouse him to some
consideration of himself, and to a sense of the necessity of his defence. He was goaded to make this
defence by the words I shall read to your Lordships
from Sir John Clavering.
" In the late proceedings of the Revenue Board it
will appear that there is no species of peculation from
which the Honorable Governor-General has thought
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 245 it reasonable to abstain. " He further says, in answer to Mr. Hastings, "The malicious view with which this innuendo " (an innuendo of Mr. Hastings) " is thrown out is only worthy of a man who, having disgraced himself in the eyes of every man of honor both in Asia and in Europe, and having no imputation to
lay to our charge, has dared to attempt in the dark
what malice itself could not find grounds to aim at
openly. "
These are the'charges which were made upon him,
- not loosely, in the heat of conversation, but deliberately, in writing, entered upon record, and sent to his employers, the Court of Directors, those whom the
law had set over him, and to whose judgment and
opinion he was responsible. Do your Lordships believe that it was conscious innocence that made him endure such reproaches, so recorded, from his own
colleague? Was it conscious innocence that made
him abandon his defence, renounce his explanation,
and bear all this calumny, (if it was calumny,) in such
a manner, without making any one attempt to refute
it? Your Lordships will see by this, and by other
minutes with which the books are filled, that Mr.
Hastings is charged quite to the brim with corruptions
of all sorts, and covered with every mode of possible
disgrace. For there is something so base and contemptible in the crimes of peculation and bribery, that, when they come to be urged home and strongly against
a man, as here they are urged, nothing but a consciousness of guilt can possibly make a person so charged support himself under them. Mr. Hastings considered himself, as he has stated, to be under the necessity of bearing them. What is that necessity? Guilt.
Could he say that Sir John Clavering (for I say noth
? ? ? ? 246 IMPEACHMENT OF WARREN HASTINGS.
ing now of Colonel Monson and Mr. Francis, who were
joined with him) was a man weak and contemptible?
I believe there are those among your Lordships who
remember that Sir John Clavering was known before
he went abroad, and better known by his conduct
after, to be a man of the most distinguished honor
that ever served his Majesty; he served his Majesty
in a military situation for many years, and afterwards
in that high civil situation in India. It is known
that through every step and gradation of a high military service, until he arrived at the highest of all, there never was the least blot upon him, or doubt or
suspicion of his character; that his temper for the
most part, and his manners, were fully answerable to
his virtues, and a noble ornament to them; that he
was one of the best natured, best bred men, as well as
one of the highest principled men to be found in his
Majesty's service; that he had passed the middle
time of life, and come to an age which makes men
wise in general; so that he could be warmed by
nothing but that noble indignation at guilt which is
the last thing that ever was or will be extinguished
in a virtuous mind. He was a man whose voice was
not to be despised; but if his character had been
personally as contemptible as it was meritorious and
honorable in every respect, yet his situation as a
commissioner named by an act of Parliament for the
express purpose of reforming India gave him a weight
and consequence that could not suffer Mr. Hastings, without a general and strong presumption of his guilt, to acquiesce in such recorded minutes from
him. But if he had been a weak, if he had been an
intemperate man, (in reality he was as cool, steady,
temperate, judicious a man as ever was born,) the
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -- SECOND DAY. 247
Court of Directors, to whom Mr. Hastings was responsible by every tie and every principle, and was
made responsible at last by a positive act of Parliament obliging him to yield obedience to their commands as the general rule of his duty,- the Court of Directors, I say, perfectly approved of every part
of General Clavering's, Colonel Monson's, and Mr.
Francis's conduct; they approved of this inquiry
which Mr. Hastings rejected; and they have declared,
" that the powers and instructions vested in and
given to General Clavering and the other gentlemen
were such as fully authorized them in every inquiry
that seems to have been their object
Europeans. " *
Now after the supreme authority, to which they
were to appeal in all their disputes, had passed this
judgment upon this very inquiry, the matter no longer
depended upon Mr. Hastings's opinion; nor could he
be longer justified in attributing that to evil motives
either of malice, or passion in his colleagues. When
the judges who were finally to determine who was
malicious, who was passionate, who was or was not
justified either in setting on foot the inquiry or resisting it, had passed that judgment, then Mr. Hastings
was called upon by all the feelings of a man, and by
his duty in Council, to give satisfaction to his masters, the Directors, who approved of the zeal and diligence shown in that very inquiry, the passion of which he only reprobated, and upon which he grounded his justification.
If anything but conscious guilt could have possibly
influenced him to such more than patience under this
* Document wanting.
? ? ? ? 248 IMPEACHMENT OF WARREN HASTINGS.
accusation, let us see what was his conduct when
the scene was changed. General Clavering, fatigued
and broken down by the miseries of his situation,
soon afterwards lost a very able and affectionate colleague, Colonel Monson, (whom Mr. Hastings states
to be one of the bitterest of his accusers,) a man one
of the most loved and honored of his time, a person
of your Lordships' noble blood, and a person who did
honor to it, and if he had been of the family of a
commoner, well deserved to be raised to your distinction. When that man died,-died of a broken heart,
to say nothing else, --and General Clavering felt
himself in a manner without help, except what he
derived from the firmness, assiduity, and patience of
Mr. Francis, sinking like himself under the exertion
of his own virtues, he was resolved to resign his employment. The Court of Directors were so alarmed
at this attempt of his to resign his employment, that
they wrote thus: " When you conceived the design of
quitting our service, we imagine you could not have
heard of the resignation of Mr. Hastings.
your zeal and ability. " *
My Lords, in this struggle, and before he could
resign finally, another kind of resignation, the resignation of Nature, took place, and Sir John Clavering died. The character that was given Sir John Clavering at that time is a seal to the whole of his
proceedings, and the use that I shall make of it your
Lordships will see presently. " The abilities of General Clavering, the comprehensive knowledge he had
attained of our affairs
to the East India Company. " t
* Document wanting. t Document wanting.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 249
And never had it a greater loss. There is the concluding funeral oration made by his masters, upon a
strict, though by no means partial, view of his conduct. My Lords, here is the man who is the great
accuser of Mr. Hastings, as he says. What is he? a
slight man, a man of mean situation, a man of mean
talents, a man of mean character? No: of the highest character. Was he a person whose conduct was
disapproved by their common superiors? No: it was
approved when living, and ratified when dead. This
was the man, a man equal to him in every respect,
upon the supposed evil motives of whom alone was
founded the sole justification of Mr. Hastings.
But be it, then, that Sir John Clavering, Colonel
Monson, and Mr. Francis were all of them the evilminded persons that he describes them to be, and
that from dislike to them, from a kind of manly
resentment, if you please, against such persons, an
hatred against malicious proceedings, and a defiance
of them, he did not think proper, as he states, to
make his defence during that period of time, and
while oppressed by that combination, -- yet, when he
got rid of the two former persons, and when Mr.
Francis was nothing, when the whole majority was
in his hand, and he was in full power, there was a
large, open, full field for inquiry; and he was bound
to re-institute that inquiry, and to clear his character
before his judges and before his masters. Mr. Hastings says, " No: they have threatened me with a prosecution, and I reserve myself for a court of justice. " Mr. Hastings has now at length taken a ground, as
you will see from all his writings, which makes all
explanation of his conduct in this business absolutely
impossible. For, in the first place, he says,' As a
? ? ? ? 250 IMPEACHMENT OF WARREN HASTINGS.
prosecution is meditated against me, I will say nothing in explanation of my conduct, because I might
disclose my defence, and by that means do myself a
prejudice. " On the other hand, when the prosecution is dropped, as we all know it was dropped in this
case, then he has a direct contrary reason, but it
serves him just as well: "Why, as no prosecution
Ts intended, no defence need be made. " So that,
whether a prosecution is intended or a prosecution
dropped, there is always cause why Mr. Hastings
should not give the Court of Directors the least satisfaction concerning his conduct, notwithstanding, as
we shall prove, he has reiteratedly promised, and
promised it in the most ample and liberal manner.
But let us see if there be any presumption in his
favor to rebut the presumption which he knew was
irrosistible, and which, by making no defence for his
conduct, and stopping the inquiry, must necessarily
lie upon him. He reserves his defence, but he promises both defence and explanation.
Your Lordships will remark that there is nowhere
a clear and positive denial of the fact. Promising
a defence, I will admit, does not directly and ex vi
termini suppose that a man may not deny the fact,
because it is just compatible with the defence; but it
does by no means exclude the admission of the fact,
because the admission of the fact may be attended
with a justification: but when a man says that he
will explain his conduct with regard to a fact, then
he admits that fact, because there can be no explanation of a fact which has no existence. Therefore Mr.
Hastings admits the fact by promising an explanation, and he shows he has no explanation nor justification to give by never having given it. Goaded,
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 251
provoked, and called upon for it, in the manner I
have mentioned, he chooses to have a feast of disgrace, (if I may say so,) to have a riot of infamy,
served up to him day by day for a course of years, in
every species of reproach that could be given by his
colleagues, and by the Court of Directors, "from
whom," he says, 1" I received nothing but opprobrious
and disgraceful epithets," and he says " that his predecessors possessed more of their confidence than he
had. " Yet for years he lay down in that sty of disgrace, fattening in it, feeding upon that offal of disgrace and excrement, upon everything that could be disgustful to the human mind, rather than deny the
fact and put himself upon a civil justification. Infamy was never incurred for nothing. We know very
well what was said formerly: -
"' Populus me sibilat; at mihi plaudo
Ipse domi, simul ac nummos contemplor in arca. '
And never did a man submit to infamy for anything
but its true reward, money. Money he received; the
infamy he received along with it: he was glad to
take his wife with all her goods; he took her with
her full portion, with every species of infamy that
belonged to her; and your Lordships cannot resist
the opinion that he would not have suffered himself
to be disgraced with the Court of Directors, disgraced
with his colleagues, disgraced with the world, disgraced upon an eternal record, unless he was absolutely guilty of the fact that was charged upon him. He frequently expresses that he reserves himself
for a court of justice. Does he, my Lords? I am
sorry that Mr. Hastings should show that he always
mistakes his situation; he has totally mistaken it:
? ? ? ? 252 IMPEACHMENT OF WARREN HASTINGS.
he was a servant, bound to give a satisfactory account
of his conduct to his masters, and, instead of that, he
considers himself and the Court of Directors as litigant parties, - them as the accusers, and himself as
the culprit. What would your Lordships, in private
life, conceive of a steward who was accused of embezzling the rents, robbing and oppressing the tenants,
and committing a thousand misdeeds in his stewardship, and who, upon your wishing to make inquiry
into his conduct, and asking an explanation of it,
should answer, " I will give no reply: you may intend to prosecute me and convict me as a cheat, and
therefore I will not give you any satisfaction ": what
would you think of that steward? You could have
no doubt that such a steward was a person not fit to
be a steward, nor fit to live.
Mr. Hastings reserves himself for a court of justice: that single circumstance, my Lords, proves that
he was guilty. It may appear very odd that his
guilt should be inferred from his desire of trial in
a court in which he could be acquitted or condemned. But I shall prove to you from that circumstance that Mr. Hastings, in desiring to be tried in a court of justice, convicts himself of presumptive
guilt.
When Mr. Hastings went to Bengal in the year
1772, he had a direction exactly similar to this which
he has resisted in his own case: it was to inquire
into grievances and abuses. In consequence of this
direction, he proposes a plan for the regulation of the
Company's service, and one part of that plan was just
what you would expect from him,- that is, the power of destroying every Company's servant without the
least possibility of his being heard in his own defence
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 253
or taking anlly one step to justify himself, and of dismissing him at his own discretion: and the reason
he gives for it is this. "I shall forbear to comment
upon the above propositions: if just and proper, their
utility will be self-apparent. One clause only in the
last article may require some explanation, namely,
the power proposed for the Governor of recalling any
person from his station without assigning a reason
for it. In the charge of oppression," (now here you
will find the reason why Mr. Hastings wishes to appeal to a court of justice, rather than to give satisfaction to his employers,) " though supported by the cries of the people and the most authentic representations, 4 is yet impossible in most cases to obtain
legal proofs of it; and unless the discretionary power which I have recommended be somewhere lodged,
the assurance of impunity from any formal inquiry
will baffle every order of the board, as, on the other
hand, the fear of the consequence will restrain every
man within the bounds of his duty, if he knows himself liable to suffer by the effects of a single control. "
You see Mr. Hastings himself is of opinion that the
cries of oppression, though extorted from a whole
people by the iron hand of severity,- that these
cries of a whole people, attended even with authentic
documents sufficient to satisfy the mind of any man,
may be totally insufficient to convict the oppressor in
a court; and yet to that court, whose competence he
denies, to that very court, he appeals, in that he puts
his trust, and upon that ground he refuses to perform
the just promise he had given of any explanation to
those who had employed him.
Now I put thif to your Lordships: if a man is of
opinion that no public court can truly and properly
? ? ? ? 254 IMPEACHMENT OF WARREN HASTINGS.
bring him to any account for his conduct, that the
forms observable in courts are. totally adverse to it,
that there is a general incompetency with regard' to
such a court, and yet shuns a tribunal capable and
competent, and applies to that which lie thinks is incapable and incompetent, does not that man plainly show that he has rejected what he thinks will prove his guilt, and that he has chosen what he
thinks will be utterly insufficient to prove it? And
if this be the case, as he asserts it to be, with an
under servant, think what must be the case of the
upper servant of all: for, if an inferior servant is not
to be brought to justice, what must be the situation
of a Governor-General? It is impossible not to see,
that, as he had conceived that a court of justice had
not sufficient means to bring his crimes to light and
detection, nor sufficient to bring him to proper and
adequate punishment, therefore he flew to a court of
justice, not as a place to decide upon him, but as a
sanctuary to secure his guilt. Most of your Lordships have travelled abroad, and have seen in the
unreformed countries of Europe churches filled with
persons who take sanctuary in them. You do not
presume that a man is innocent because he is in a
sanctuary: you know, that, so far from demonstrating his innocence, it demonstrates his guilt. And in
this case, Mr. Hastings flies not to a court for trial,
but as a sanctuary to secure him from it.
Let us just review the whole of his conduct; let
us hear how Mr. Hastings has proceeded with regard
to this whole affair. The court of justice dropped;
the prosecution in Bengal ended. With Sir Elijah
Impey as chief-justice, who, as your Lordships have
seen, had a most close and honorable connection
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 255 with the Governor-General, (all the circumstances of which I need not detail to you, as it must be fresh
in your Lordships' memory,) he had not much to fear from the impartiality of the court. He might
be sure the forms of law would not be strained to do
him mischief; therefore there was no great terror in
it. But whatever terror there might be in it was
overblown, because his colleagues refused to carry
him into it, and therefore that opportunity of defence
is gone. In Europe he was afraid of making any defence, but the prosecution here was also soon over; and in the House of Commons he takes this ground
of justification for not giving any explanation, that
the Court of Directors had received perfect satisfaction of his innocence; and he named persons of great and eminent character in the profession, whose names
certainly cannot be mentioned without highly imposing upon the prejudices and weighing down almost the reason of mankind. He quotes their opinions in
his favor, and argues that the exculpation which they
give, or are supposed to give him, should excuse him
from any further explanation.
My Lords, I believe I need not say to great men of
the profession, many of the first ornaments of which
I see before me, that they are very little influenced
in the seat of judgment by the opinions which they
have given in the chamber, and they are perfectly in
the right: because while in the chamber they hear
but one part of the cause; it is generally brought
before them in a very partial manner, and they have
not the lights which they possess when they sit deliberately down upon the tribunal to examine into it; and for this reason they discharge their minds from
every prejudice that may have arisen from a foregone
? ? ? ? 256 IMPEACHMENT OF WARREN HASTINGS.
partial opinion, and come uninfluenced by it as to
a new cause. This, we know, is the glory of the
great lawyers who have presided and do preside in
the tribunals of this country; but we know, at the
same time, that those opinions (which they in their
own mind reject, unless supported afterwards by
clear and authentic testimony) do weigh upon the
rest of mankind at least: for it is impossible to sep
arate the opinion of a great and learned man from
some consideration of the person who has delivered
that opinion.
Mr. Hastings, being conscious of this, and not fearing the tribunal abroad for the reason that I gave
you, namely, his belief that it was not very adverse
to him, and also knowing that the prosecution there
was dropped, had but one thing left for his consideration, which was, how he should conflict with the tribunal at home: and as the prosecution must originate from the Court of Directors, and be authorized by some great law opinions, the great point with him
was, some way or other, by his party, I will not say
by what means or circumstances, but by some party
means, to secure a strong interest in the executive
part of the India House. My Lords, was that interest used properly and fairly? I will not say that
friendship and partiality imply injustice; they certainly do not; but they do not imply justice. The
Court of Directors took up this affair with great
warmth; they committed it to their solicitor, and the
solicitor would naturally (as most solicitors do) draw
up a case a little favorably for the persons that employed him; and if there was any leaning, which
upon my word I do not approve in the management
of any cause whatever, yet, if there was a leaning, it
must be a leaning for the client.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 257 Now the counsel did not give a decided opinion against the prosecution, but upon the face of the case they expressed great doubts upon it; for, with such
a strange, disorderly, imperfect, and confused case as
was laid before them, they could not advise a prosecution; and in my opinion they went no further.
And, indeed, upon that case that went before them,
I, who am authorized by the Commons to prosecute,
do admit that a great doubt might lie upon the most
deciding mind, whether, under the circumstances
there stated, a prosecution could be or ought to be
pursued. I do not say which way my mind would
have turned, upon that very imperfect state of the
case; but I still allow so much to their very great
ability, great minds, and sound judgment, that 1
am not sure, if it was res integra, I would not have
rather hesitated myself (who am now here an accuser) what judgment to give.
It does happen that there are very singular circumstances in this business, to which your Lordships
will advert; and you will consider what weight they
ought to have upon your Lordships' minds. The
person who is now the solicitor of the Company is a
very respectable man in the profession, - Mr. Smith;
he was at that time also the Company's solicitor, and
he has since appeared in this cause as Mr. Hastings's
solicitor.
Now there is something particular in a
man's being the solicitor to a party who was prosecuting another, and continuing afterwards in his
office, and becoming the solicitor to the party prosecuted. It would be nearly as strange as if our solicitor were to be the solicitor of Mr. Hastings in this prosecution and trial before your Lordships. It is
true, that we cannot make out, nor do we attempt to
VOL. X. 17
? ? ? ? 258 IMPEACHMENT OF WARREN HASTINGS.
prove, that Mr. Smith was at that time actually Mr.
Hastings's solicitor: all that we shall attempt to
make out is, that the case he produced was just such
a case as a solicitor anxious for the preservation of
his client, and not anxious for the prosecution, would
have made out.
My Lords, I have next to remark, that the opinion
which the counsel gave in this case, namely, a very
doubtful opinion, accompanied with strong censure of
the manner in which the case was stated, was drawn
from them by a case in which I charge that there
were misrepresentation, suppression, and falsification.
Now, my Lords, in making this charge I am in a
very awkward and unpleasant situation; but it is a
situation in which, with all the disagreeable circumstances attending it, I must proceed. I am, in this business, obliged to name many men: I do not name
them wantollly, but from the absolute necessity, as
your Lordships will see, of the case. . I do not mean
to reflect upon this gentleman: I believe, at the time
when he made this case, and especially the article
which I state as a falsification, he must have trusted
to some of the servants of the Company, who were
but young in their service at that time. There was
a very great error committed; but by whom, or how,
your Lordships in the course of this inquiry will find.
What I charge first is, that the case was improperly stated; secondly, that it was partially stated; and that afterwards a further report was made upon reference to the same officer in the committee. Now, my Lords, of the three charges which I have made,
the two former, namely, the misrepresentation and
suppression, were applicable to the case; but all the
three, misrepresentation, suppression, and falsification, were applicable to the report.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 259
This I say in vindication of the opinions given,
and for the satisfaction of the public, who may be
imposed upon by them. I wish the word to be understood. When I say imposed, I always mean by it the weight and authority carried: a meaning which
this word, perhaps, has not got yet thoroughly in the
English language; but in a neighboring language imposing means, that it weighs upon men's minds with a sovereign authority. To say that the opinions of
learned men, though even thus obtained, may not
have weight with this court, or with any court, is
a kind of compliment I cannot pay to them at the
expense of that common nature in which I and all
human beings are involved.
He states in the case the covenants and the salary
of Mr. Hastings, and his emoluments, very fairly.
I do not object to any part of that. He then proceeds to state very partially the business upon which
the Committee of Circuit went, and without opening
whose conduct we cannot fully bring before you this
charge of bribery. He then states, " that, an inquiry
having been made by the present Supreme Council
of Bengal respecting the conduct of the members of
the last administration, several charges have been
made, stating moneys very improperly received by
Mr. Hastings during the time of the late administration: amongst these is one of his having received 150,000 rupees of Munny Begum, the guardian of
the Nabob, who is an infant. "
In this statement of the case everything is put
out of its true place. Mr. Hastings was not charged
with receiving a lac and a half of rupees from
Munny Begum, the guardian of the Nabob, - for she
was not then his guardian; but he was charged with
? ? ? ? 260 IMPEACHMENT OF WARREN HASTINGS.
receiving a lac and a half of rupees for removing
the Nabob's own mother, who was his natural guardian, and substituting this step-mother, who was a prostitute, in her place; whereas here it supposes lihe
found her a guardian, and that she had made him a
present, which alters the whole nature of the case.
The case, in the recital of the charge, sets out with
what every one of your Lordships knows now not to
be tlie truth of the fact, nor the thing that in itself
implies the criminality: he ought to have stated that
in the beginning of the business. The suppressions
in the recital are amazing. He states an inquiry
having been made by the Supreme Council of Bengal respecting the conduct of the members of the last administration. That inquiry was made in consequence of the charge, and not the charge brought forward, as they would have it believed, in consequence of the inquiry. There is no mention that
that inquiry had been expressly ordered by the Court
of Directors; but it is stated as though it was a
voluntary inquiry. Now there is always something
doubtful in voluntary inquiries with regard to the
people concerned. He then supposes, upon this inquiry, that to be the charge which is not the charge at all. The crime, as I have stated, consisted of
two distinct parts, but both inferring the same corruption: the first, two lac of rupees taken expressly for the nomination of this woman to this place; and
the other, one lac and a half of rupees, in effect for
the same purpose, but under the name and color of
an entertainment. The drawer of the case, finding
that in the one case, namely, the two lac of rupees,
the evidence was more weak, but that no justification could be set up, - finding in the other, the lac
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 261
and a half of rupees, the proof strong and not to be
resisted, but that some justification was to be found
for it, lays aside the charge of the two lac totally;
and the evidence belonging to it, which was considered as rather weak, is applied to the other charge of a lac and a half, the proof of which upon its own
evidence was irresistible.
My speech I hope your Lordships consider as only pointing out to your attention these particulars.
Your Lordships will see it exemplified throughout
the whole, that, when there is eviaence (for some
evidence is brought) that does belong to the lac and
a half, it is entirely passed by, the most material circumstances are weakened, the whole strength and force of them taken away. Every one knows how
true it is of evidence, junectajuvant: but here everything is broken and smashed to pieces, and nothillg but disorder appears through the whole. For your
Lordships will observe that the proof that belongs
to one thing is put as belonging to another, and the
proof of the other brought in a weak and imperfect
manner in the rear of the first, and with every kind
of observation to rebut and weaken it; and wher
this evidence is produced, which appears inapplicable
almost in all the parts, in many doubtful, confused,
and perplexed, and in some even contradictory,
(which it will be when the evidence to one thing
is brought to apply and bear upon another,) good
hopes were entertained in consequence that that
would happen which in part did happen, namely,
that the counsel, distracted and confused, and finding no satisfaction in the case, could not advise a prosecution.
But what is still more material and weighty, many
? ? ? ? 262 IMPEACHMENT OF WARREN HASTINGS.
particulars are suppressed in this case, and still more
in the report; and turning from the case to the proceedings of the persons who are supposed to have the
management of the inquiry, they bring forward, as
an appendix to this case, Mr. Hastings's own invectives and charge against these persons, at the very
same time that they suppress and do not bring forward, either in the charge or upon the report, what
the other party have said in their own justification.
The consequence of this management was, that a
body of evidence which would have made this case
the clearest in the world, and which I hope we shall
make to appear so to your Lordships, was rendered
for the most part inapplicable, and the whole puzzled
and confused: I say, for the most part, for some
parts did apply, but miserably applied, to the case.
From their own state of the case they would have it
inferred that the fault was not in their way of representing it, but in the infirmity, confusion, and disorder of the proofs themselves; but this, I trust we shall satisfy you, is by no means the case. I rest,
however, upon the proof of partiality in this business, of the imposition upon the counsel, whether
designed or not, and of the bias given by adding an
appendix with Mr. Hastings's own remarks upon the
case, without giving the reasons of the other parties
for their conduct. Now, if there was nothing else
than the fallacious recital, and afterwards the suppression, I believe any rational and sober man would
see perfect, good, and sufficient ground for laying
aside any authority that can be derived from the
opinions of persons, though of the first character
(and I am sure no man living does more homage to
their learning, impartiality, and understanding than
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 263
I do): first, because the statement of the case has
thrown the whole into confusion; and secondly, as to
the matter added as an appendix, which gives the
representation of the delinquent and omits the representation of his prosecutors, it is observed very properly and very wisely by one of the great men
before whom this evidence was laid, that "the evidence, as it is here stated, is still more defective, if the appendix is adopted by the Directors and meant
to make a part of the case; for that throws discredit
upon all the information so collected. " Certainly it
does; for, if the delinquent party, who is to be prosecuted, be heard with his own representation of the case, and that of his prosecutors be suppressed, he
is master both of the lawyers and of the mind of
mankind.
My Lords, I have here attempted to point out the
extreme inconsistencies and defects of this proceeding; and I wish your Lordships to consider, with respect to these proceedings of the India House in their prosecutions, that it is in the power of some
of their officers to make statements in the manner
that I have described, then to obtain the names of
great lawyers, and under their sanction to carry the
accused through the world as acquitted.
These are the material circumstances which will
be submitted to your Lordships' sober consideration
in the course of this inquiry. I have now stated
them on these two accounts: first, to rebut the reason which Mr. Hastings has assigned for not giving
any satisfaction to the Court of Directors, namely,
because they did not want it, having dropped a prosecution upon great authorities and opinions; and
next,. to show your Lordships how a business begun
? ? ? ? 264 IMPEACHMENT OF WARREN HASTINGS.
in bribery is to be supported only by fraud, deceit,
and collusion, and how the receiving of bribes by a
Governor-General of Bengal tends to taint the whole
service from beginning to end, both at home and
abroad.
But though upon the partial case that was presented to them these great lawyers did not advise
a prosecution, and though even upon a full representation of a case a lawyer might think that a man ought not to be prosecuted, yet he may consider him
to be the vilest man upon earth. We know men
are acquitted in the great tribunals in which several Lords of this country have presided, and who perhaps ought not to have been brought there and
prosecuted before them, and yet about whose delinquency there could be no doubt. But though we have here sufficient reason to justify the great lawyers whose names and authorities are produced, yet Mr. Hastings has extended that authority beyond the
length of their opinions. For, being no longer under the terror of the law, which, he said, restrained
him from making his defence, he was then bound to
give that satisfaction to his masters and the world
which every man in honor is bound to do, when a
grave accusation is brought against him. But this
business of the law I wish to sleep from this moment, till the time when it shall come before you; though I suspect, and have had reason (sitting in
committees in the House of Commons) to believe,
that there was in the India House a bond of iniquity, somewhere or other, which was able to impose
in the first instance upon the solicitor, the guilt of
which, being of another nature, I shall state hereafter,
that your Lordships may be able to discover tlhrough
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 265
whose means and whose fraud Mr. Hastings obtained
these opinions.
If, however, all the great lawyers had been unanimous upon that occasion, still it would have been necessary for Mr. Hastings to say, " I cannot, according to my opinion, be brought to give an account in a court of justice, and I have got great lawyers to
declare, that, upon the case laid before them, they
cannot advise a prosecution; but now is the time
for me to come forward, and, being no longer in
fear that my defence may be turned against me, I
will produce my defence for the satisfaction of my
masters and the vindication of my own character. "
But besides this doubtful opinion (for I believe your
Lordships will find it no better than a doubtftil opinion) given by persons for whom I have the highest honor, and given with a strong censure upon the
state of the case, there were also some great lawyers,
men of great authority in the kingdom, who gave a
full and decided opinion that a prosecution ought to
be instituted against him; but the Court of Directors decided otherwise, they overruled those opinions, and acted upon the opinions in favor of Mr. Hastings. When, therefore, he knew that the great men
in the law were divided upon the propriety of a prosecution, but that the Directors had decided in his favor, he was the more strongly bound to enter into
a justification of his conduct.
But there was another great reason which should
have induced him to do this. One great lawyer,
known to many of your Lordships, Mr. Sayer, a very
honest, intelligent man, who had long served the Company and well knew their affairs, had given an opinion concerning Mr. Hastings's conduct in stopping
? ? ? ? 266 IMPEACHMENT OF WARREN HASTINGS.
these prosecutions. There was an abstract question
put to Mr. Sayer, and other great lawyers, separated
from many of the circumstances of this business, concerning a point which incidentally arose; and this was, whether Mr. Hastings, as Governor-General, had
a power so to dissolve the Council, that, if he declared
it dissolved, they could not sit and do any legal and
regular act. It was a great question with the lawyers
at the time, and there was a difference of opinion on
it. Mr. Sayer was one of those who were inclined to
be of opinion that the Governor-General had a power
of dissolving the Council, and that the Council could
not legally sit after such dissolution. But what was
his remark upon Mr. Hastings's conduct? - and you
must suppose his remark of more weight, because,
upon the abstract question, he had given his opinion
in favor of Mr. Hastings's judgment. " The meeting
of the Council depends on the pleasure of the Governor; and I think the duration of it must do so,
too. But it was as great a crime to dissolve the
Council upon base and sinister motives as it would
be to assume the power of dissolving, if he had it not.
I believe he is the first Governor that ever dissolved
a Council inquiring into his behavior, when lie was
innocent. Before lie could summon three Counicils
and dissolve them, he had time fully to consider what
would be the result of such conduct, to convince everybody, beyond a doubt,'of his conscious guilt. "
Mr. Sayer, then, among other learned people, (and
if he had not been the man that I have described, yet,
from his intimate connection with the Company, his
opinion must be supposed to have great weight,) having used expressions as strong as the persons who have ever criminated Mr. Hastings most for the worst
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 267
of his crimes have ever used to qualify and describe
them, and having ascribed his conduct to base and
sinister motives, he was bound upon that occasion to
justify that strong conduct, allowed to be legal, and
charged at the same time to be violent. Mr. Hastings
was obliged then to produce something in his justification. He never did. Therefore, for all the reasons assigned by himself, drawn from the circumstances of
prosecution and non-prosecution, and from opinions
of lawyers and colleagues, the Court of Directors at
the same time censuring his conduct, and strongly applauding the conduct of those who were adverse to him, Mr. Hastings was, I say, from those accumulated circumstances, bound to get rid of the infamy of
a conduct which could be attributed to nothing but
base and sinister motives, and which could have no
effect but to convince men of his consciousness that
he was guilty. From all these circumstances I infer
that no man could have endured this load of infamy,
and to this time have given no explanation of his conduct, unless for the reason which this learned counsel gives, and which your Lordships and the world will
give, namely, his conscious guilt.
After leaving upon your minds that presumption,
not to operate without proof, but to operate along
with the proof, (though, I take it, there are some presumptions that go the full length of proof,) I shall
not press it to the length to whiclf I think it would go,
but use it only as auxiliary, assisting, and compurgatory of all the other evidences that go along with it. There is another circumstance which must come
before your Lordships in this business. If you find
that Mr. Hastings has received the two lac of rupees,
then you will find that he was guilty, without color or
? ? ? ? 268 IMPEACHMENT OF WARREN HASTINGS.
pretext of any kind whatever, of acting in violation of
his covenant, of acting in violation of the laws, and
all the rules of honor and conscience. If you find
that he has taken the lac and a half, which he admits,
but which he justifies under the pretence of an entertainment, I shall beg to say something to your Lordships concerning that justification.
The justification set up is, that he went up from
Calcutta to Moorshedabad, and paid a visit of three
months, and that there an allowance was made to him
of two hundred pounds a day in lieu of an entertainment. Now, my Lords, I leave it to you to determine,
if there was such a custom, whether or no his covenant justifies his conformity with it. I remember
Lord Coke, talking of the Brehon law in Ireland, says
it is no law, but a lewd custom. A governor is to
conform himself to the laws of his own country, to
the stipulations of those that employ him, and not to
the lewd customs of any other country: those customs
are more honored in the breach than in the observance. If Mr. Hastings was really feasted and entertained with the magnificence of the country, if there was an entertainment of dancing-girls brought out to
amuse him in his leisure hours, if he was feasted with
the hookah and every other luxury, there is something to be said for him, though I should not justify
a Governor-General wasting his days in that manner.
But in fact here was no entertainment that could
amount to such a sum; and he has nowhere proved
the existence of such a custom.
But if such a custom did exist, which I contend is
more honored in the breach than in the observance,
that custom is capable of being abused to the grossest
extortion; and that it was so abused will strike your
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 269
Lordships' minds in such a manner that I hardly need
detail the circumstances of it. What! two hundred
pounds to be given to a man for one day's entertainment? If there is an end of it there, it ruins nobody, and cannot be supposed, to a great degree, to corrupt
anybody; but when that entertainment is renewed
day after day for three months, it is no longer a compliment to the man, but a great pecuniary advantage, and, on the other hand, to the person giving it, a
grievous, an intolerable burden. It then becomes a
matter of the most serious and dreadful extortion,
tending to hinder the people who give it not only
from giving entertainment, but from having bread to
eat themselves. Therefore, if any such entertainment was customary, the custom was perverted by the abuse of its being continued for three months together. It was longer than Ahasuerus's feast. There is
a feast of reason and a flow of soul; but Mr. Hastings's feast was a feast of avarice and a flow of money. No wonder he was unwilling to rise from such a table:
he continued to sit at that table for three months.
In his covenant he is forbidden expressly to take
any allowance above 4001. , and forbidden to take
any allowance above 1001. , without the knowledge,
consent, and approbation of the Council to which he
belongs. Now he takes 16,0001. , not only without
the consent of the Council, but without their knowledge, -- without the knowledge of any other human being: it is kept hid in the darkest and most secret
recesses of his own black agents and confidants, and
those of Munny Begum. Why is it a secret? Hospitality, generosity, virtues of that kind, are full of
display; there is an ostentation, a pomp, in them;
they want to be shown to the world, not concealed.
? ? ? ? 270 IMPEACHMENT OF WARREN HASTINGS.
The concealment of acts of charity is what makes
them acceptable in the eyes of Him with regard to
whom there can be no concealment; but acts of corruption are kept secret, not to keep them secret from the eye of Him, whom the person that observes the
secrecy does not fear, nor perhaps believe in, but to
keep them secret from the eyes of mankind, whose
opinions he does fear, in the immediate effect of
them, and in their future consequences. Therefore
he had but one reason to keep this so dark and profound a secret, till it was dragged into day in spite
of him; he had no reason to keep it a secret, but his
knowing it was a proceeding that could not bear the
light. Charity is the only virtue that I ever heard
of that derives from its retirement any part of its
lustre; the others require to be spread abroad in the
face of day. Such candles should not be hid under
a bushel, and, like the illuminations which men light
up when they mean to express great joy and great
magnificence for a great event, their very splendor is
a part of their excellence. We upon our feasts light
up this whole capital city; we in our feasts invite all
the world to partake them. Mr. Hastings feasts in
the dark; Mr.
ended in India, the causes why he should have given
the explanation grew stronger and stronger: for not
only the charges exhibited against him were weighty,
but the manner in which he was called upon to inquire
into them was such as would undoubtedly tend to stir
the mind of a man of character, to rouse him to some
consideration of himself, and to a sense of the necessity of his defence. He was goaded to make this
defence by the words I shall read to your Lordships
from Sir John Clavering.
" In the late proceedings of the Revenue Board it
will appear that there is no species of peculation from
which the Honorable Governor-General has thought
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 245 it reasonable to abstain. " He further says, in answer to Mr. Hastings, "The malicious view with which this innuendo " (an innuendo of Mr. Hastings) " is thrown out is only worthy of a man who, having disgraced himself in the eyes of every man of honor both in Asia and in Europe, and having no imputation to
lay to our charge, has dared to attempt in the dark
what malice itself could not find grounds to aim at
openly. "
These are the'charges which were made upon him,
- not loosely, in the heat of conversation, but deliberately, in writing, entered upon record, and sent to his employers, the Court of Directors, those whom the
law had set over him, and to whose judgment and
opinion he was responsible. Do your Lordships believe that it was conscious innocence that made him endure such reproaches, so recorded, from his own
colleague? Was it conscious innocence that made
him abandon his defence, renounce his explanation,
and bear all this calumny, (if it was calumny,) in such
a manner, without making any one attempt to refute
it? Your Lordships will see by this, and by other
minutes with which the books are filled, that Mr.
Hastings is charged quite to the brim with corruptions
of all sorts, and covered with every mode of possible
disgrace. For there is something so base and contemptible in the crimes of peculation and bribery, that, when they come to be urged home and strongly against
a man, as here they are urged, nothing but a consciousness of guilt can possibly make a person so charged support himself under them. Mr. Hastings considered himself, as he has stated, to be under the necessity of bearing them. What is that necessity? Guilt.
Could he say that Sir John Clavering (for I say noth
? ? ? ? 246 IMPEACHMENT OF WARREN HASTINGS.
ing now of Colonel Monson and Mr. Francis, who were
joined with him) was a man weak and contemptible?
I believe there are those among your Lordships who
remember that Sir John Clavering was known before
he went abroad, and better known by his conduct
after, to be a man of the most distinguished honor
that ever served his Majesty; he served his Majesty
in a military situation for many years, and afterwards
in that high civil situation in India. It is known
that through every step and gradation of a high military service, until he arrived at the highest of all, there never was the least blot upon him, or doubt or
suspicion of his character; that his temper for the
most part, and his manners, were fully answerable to
his virtues, and a noble ornament to them; that he
was one of the best natured, best bred men, as well as
one of the highest principled men to be found in his
Majesty's service; that he had passed the middle
time of life, and come to an age which makes men
wise in general; so that he could be warmed by
nothing but that noble indignation at guilt which is
the last thing that ever was or will be extinguished
in a virtuous mind. He was a man whose voice was
not to be despised; but if his character had been
personally as contemptible as it was meritorious and
honorable in every respect, yet his situation as a
commissioner named by an act of Parliament for the
express purpose of reforming India gave him a weight
and consequence that could not suffer Mr. Hastings, without a general and strong presumption of his guilt, to acquiesce in such recorded minutes from
him. But if he had been a weak, if he had been an
intemperate man, (in reality he was as cool, steady,
temperate, judicious a man as ever was born,) the
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -- SECOND DAY. 247
Court of Directors, to whom Mr. Hastings was responsible by every tie and every principle, and was
made responsible at last by a positive act of Parliament obliging him to yield obedience to their commands as the general rule of his duty,- the Court of Directors, I say, perfectly approved of every part
of General Clavering's, Colonel Monson's, and Mr.
Francis's conduct; they approved of this inquiry
which Mr. Hastings rejected; and they have declared,
" that the powers and instructions vested in and
given to General Clavering and the other gentlemen
were such as fully authorized them in every inquiry
that seems to have been their object
Europeans. " *
Now after the supreme authority, to which they
were to appeal in all their disputes, had passed this
judgment upon this very inquiry, the matter no longer
depended upon Mr. Hastings's opinion; nor could he
be longer justified in attributing that to evil motives
either of malice, or passion in his colleagues. When
the judges who were finally to determine who was
malicious, who was passionate, who was or was not
justified either in setting on foot the inquiry or resisting it, had passed that judgment, then Mr. Hastings
was called upon by all the feelings of a man, and by
his duty in Council, to give satisfaction to his masters, the Directors, who approved of the zeal and diligence shown in that very inquiry, the passion of which he only reprobated, and upon which he grounded his justification.
If anything but conscious guilt could have possibly
influenced him to such more than patience under this
* Document wanting.
? ? ? ? 248 IMPEACHMENT OF WARREN HASTINGS.
accusation, let us see what was his conduct when
the scene was changed. General Clavering, fatigued
and broken down by the miseries of his situation,
soon afterwards lost a very able and affectionate colleague, Colonel Monson, (whom Mr. Hastings states
to be one of the bitterest of his accusers,) a man one
of the most loved and honored of his time, a person
of your Lordships' noble blood, and a person who did
honor to it, and if he had been of the family of a
commoner, well deserved to be raised to your distinction. When that man died,-died of a broken heart,
to say nothing else, --and General Clavering felt
himself in a manner without help, except what he
derived from the firmness, assiduity, and patience of
Mr. Francis, sinking like himself under the exertion
of his own virtues, he was resolved to resign his employment. The Court of Directors were so alarmed
at this attempt of his to resign his employment, that
they wrote thus: " When you conceived the design of
quitting our service, we imagine you could not have
heard of the resignation of Mr. Hastings.
your zeal and ability. " *
My Lords, in this struggle, and before he could
resign finally, another kind of resignation, the resignation of Nature, took place, and Sir John Clavering died. The character that was given Sir John Clavering at that time is a seal to the whole of his
proceedings, and the use that I shall make of it your
Lordships will see presently. " The abilities of General Clavering, the comprehensive knowledge he had
attained of our affairs
to the East India Company. " t
* Document wanting. t Document wanting.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 249
And never had it a greater loss. There is the concluding funeral oration made by his masters, upon a
strict, though by no means partial, view of his conduct. My Lords, here is the man who is the great
accuser of Mr. Hastings, as he says. What is he? a
slight man, a man of mean situation, a man of mean
talents, a man of mean character? No: of the highest character. Was he a person whose conduct was
disapproved by their common superiors? No: it was
approved when living, and ratified when dead. This
was the man, a man equal to him in every respect,
upon the supposed evil motives of whom alone was
founded the sole justification of Mr. Hastings.
But be it, then, that Sir John Clavering, Colonel
Monson, and Mr. Francis were all of them the evilminded persons that he describes them to be, and
that from dislike to them, from a kind of manly
resentment, if you please, against such persons, an
hatred against malicious proceedings, and a defiance
of them, he did not think proper, as he states, to
make his defence during that period of time, and
while oppressed by that combination, -- yet, when he
got rid of the two former persons, and when Mr.
Francis was nothing, when the whole majority was
in his hand, and he was in full power, there was a
large, open, full field for inquiry; and he was bound
to re-institute that inquiry, and to clear his character
before his judges and before his masters. Mr. Hastings says, " No: they have threatened me with a prosecution, and I reserve myself for a court of justice. " Mr. Hastings has now at length taken a ground, as
you will see from all his writings, which makes all
explanation of his conduct in this business absolutely
impossible. For, in the first place, he says,' As a
? ? ? ? 250 IMPEACHMENT OF WARREN HASTINGS.
prosecution is meditated against me, I will say nothing in explanation of my conduct, because I might
disclose my defence, and by that means do myself a
prejudice. " On the other hand, when the prosecution is dropped, as we all know it was dropped in this
case, then he has a direct contrary reason, but it
serves him just as well: "Why, as no prosecution
Ts intended, no defence need be made. " So that,
whether a prosecution is intended or a prosecution
dropped, there is always cause why Mr. Hastings
should not give the Court of Directors the least satisfaction concerning his conduct, notwithstanding, as
we shall prove, he has reiteratedly promised, and
promised it in the most ample and liberal manner.
But let us see if there be any presumption in his
favor to rebut the presumption which he knew was
irrosistible, and which, by making no defence for his
conduct, and stopping the inquiry, must necessarily
lie upon him. He reserves his defence, but he promises both defence and explanation.
Your Lordships will remark that there is nowhere
a clear and positive denial of the fact. Promising
a defence, I will admit, does not directly and ex vi
termini suppose that a man may not deny the fact,
because it is just compatible with the defence; but it
does by no means exclude the admission of the fact,
because the admission of the fact may be attended
with a justification: but when a man says that he
will explain his conduct with regard to a fact, then
he admits that fact, because there can be no explanation of a fact which has no existence. Therefore Mr.
Hastings admits the fact by promising an explanation, and he shows he has no explanation nor justification to give by never having given it. Goaded,
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 251
provoked, and called upon for it, in the manner I
have mentioned, he chooses to have a feast of disgrace, (if I may say so,) to have a riot of infamy,
served up to him day by day for a course of years, in
every species of reproach that could be given by his
colleagues, and by the Court of Directors, "from
whom," he says, 1" I received nothing but opprobrious
and disgraceful epithets," and he says " that his predecessors possessed more of their confidence than he
had. " Yet for years he lay down in that sty of disgrace, fattening in it, feeding upon that offal of disgrace and excrement, upon everything that could be disgustful to the human mind, rather than deny the
fact and put himself upon a civil justification. Infamy was never incurred for nothing. We know very
well what was said formerly: -
"' Populus me sibilat; at mihi plaudo
Ipse domi, simul ac nummos contemplor in arca. '
And never did a man submit to infamy for anything
but its true reward, money. Money he received; the
infamy he received along with it: he was glad to
take his wife with all her goods; he took her with
her full portion, with every species of infamy that
belonged to her; and your Lordships cannot resist
the opinion that he would not have suffered himself
to be disgraced with the Court of Directors, disgraced
with his colleagues, disgraced with the world, disgraced upon an eternal record, unless he was absolutely guilty of the fact that was charged upon him. He frequently expresses that he reserves himself
for a court of justice. Does he, my Lords? I am
sorry that Mr. Hastings should show that he always
mistakes his situation; he has totally mistaken it:
? ? ? ? 252 IMPEACHMENT OF WARREN HASTINGS.
he was a servant, bound to give a satisfactory account
of his conduct to his masters, and, instead of that, he
considers himself and the Court of Directors as litigant parties, - them as the accusers, and himself as
the culprit. What would your Lordships, in private
life, conceive of a steward who was accused of embezzling the rents, robbing and oppressing the tenants,
and committing a thousand misdeeds in his stewardship, and who, upon your wishing to make inquiry
into his conduct, and asking an explanation of it,
should answer, " I will give no reply: you may intend to prosecute me and convict me as a cheat, and
therefore I will not give you any satisfaction ": what
would you think of that steward? You could have
no doubt that such a steward was a person not fit to
be a steward, nor fit to live.
Mr. Hastings reserves himself for a court of justice: that single circumstance, my Lords, proves that
he was guilty. It may appear very odd that his
guilt should be inferred from his desire of trial in
a court in which he could be acquitted or condemned. But I shall prove to you from that circumstance that Mr. Hastings, in desiring to be tried in a court of justice, convicts himself of presumptive
guilt.
When Mr. Hastings went to Bengal in the year
1772, he had a direction exactly similar to this which
he has resisted in his own case: it was to inquire
into grievances and abuses. In consequence of this
direction, he proposes a plan for the regulation of the
Company's service, and one part of that plan was just
what you would expect from him,- that is, the power of destroying every Company's servant without the
least possibility of his being heard in his own defence
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 253
or taking anlly one step to justify himself, and of dismissing him at his own discretion: and the reason
he gives for it is this. "I shall forbear to comment
upon the above propositions: if just and proper, their
utility will be self-apparent. One clause only in the
last article may require some explanation, namely,
the power proposed for the Governor of recalling any
person from his station without assigning a reason
for it. In the charge of oppression," (now here you
will find the reason why Mr. Hastings wishes to appeal to a court of justice, rather than to give satisfaction to his employers,) " though supported by the cries of the people and the most authentic representations, 4 is yet impossible in most cases to obtain
legal proofs of it; and unless the discretionary power which I have recommended be somewhere lodged,
the assurance of impunity from any formal inquiry
will baffle every order of the board, as, on the other
hand, the fear of the consequence will restrain every
man within the bounds of his duty, if he knows himself liable to suffer by the effects of a single control. "
You see Mr. Hastings himself is of opinion that the
cries of oppression, though extorted from a whole
people by the iron hand of severity,- that these
cries of a whole people, attended even with authentic
documents sufficient to satisfy the mind of any man,
may be totally insufficient to convict the oppressor in
a court; and yet to that court, whose competence he
denies, to that very court, he appeals, in that he puts
his trust, and upon that ground he refuses to perform
the just promise he had given of any explanation to
those who had employed him.
Now I put thif to your Lordships: if a man is of
opinion that no public court can truly and properly
? ? ? ? 254 IMPEACHMENT OF WARREN HASTINGS.
bring him to any account for his conduct, that the
forms observable in courts are. totally adverse to it,
that there is a general incompetency with regard' to
such a court, and yet shuns a tribunal capable and
competent, and applies to that which lie thinks is incapable and incompetent, does not that man plainly show that he has rejected what he thinks will prove his guilt, and that he has chosen what he
thinks will be utterly insufficient to prove it? And
if this be the case, as he asserts it to be, with an
under servant, think what must be the case of the
upper servant of all: for, if an inferior servant is not
to be brought to justice, what must be the situation
of a Governor-General? It is impossible not to see,
that, as he had conceived that a court of justice had
not sufficient means to bring his crimes to light and
detection, nor sufficient to bring him to proper and
adequate punishment, therefore he flew to a court of
justice, not as a place to decide upon him, but as a
sanctuary to secure his guilt. Most of your Lordships have travelled abroad, and have seen in the
unreformed countries of Europe churches filled with
persons who take sanctuary in them. You do not
presume that a man is innocent because he is in a
sanctuary: you know, that, so far from demonstrating his innocence, it demonstrates his guilt. And in
this case, Mr. Hastings flies not to a court for trial,
but as a sanctuary to secure him from it.
Let us just review the whole of his conduct; let
us hear how Mr. Hastings has proceeded with regard
to this whole affair. The court of justice dropped;
the prosecution in Bengal ended. With Sir Elijah
Impey as chief-justice, who, as your Lordships have
seen, had a most close and honorable connection
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 255 with the Governor-General, (all the circumstances of which I need not detail to you, as it must be fresh
in your Lordships' memory,) he had not much to fear from the impartiality of the court. He might
be sure the forms of law would not be strained to do
him mischief; therefore there was no great terror in
it. But whatever terror there might be in it was
overblown, because his colleagues refused to carry
him into it, and therefore that opportunity of defence
is gone. In Europe he was afraid of making any defence, but the prosecution here was also soon over; and in the House of Commons he takes this ground
of justification for not giving any explanation, that
the Court of Directors had received perfect satisfaction of his innocence; and he named persons of great and eminent character in the profession, whose names
certainly cannot be mentioned without highly imposing upon the prejudices and weighing down almost the reason of mankind. He quotes their opinions in
his favor, and argues that the exculpation which they
give, or are supposed to give him, should excuse him
from any further explanation.
My Lords, I believe I need not say to great men of
the profession, many of the first ornaments of which
I see before me, that they are very little influenced
in the seat of judgment by the opinions which they
have given in the chamber, and they are perfectly in
the right: because while in the chamber they hear
but one part of the cause; it is generally brought
before them in a very partial manner, and they have
not the lights which they possess when they sit deliberately down upon the tribunal to examine into it; and for this reason they discharge their minds from
every prejudice that may have arisen from a foregone
? ? ? ? 256 IMPEACHMENT OF WARREN HASTINGS.
partial opinion, and come uninfluenced by it as to
a new cause. This, we know, is the glory of the
great lawyers who have presided and do preside in
the tribunals of this country; but we know, at the
same time, that those opinions (which they in their
own mind reject, unless supported afterwards by
clear and authentic testimony) do weigh upon the
rest of mankind at least: for it is impossible to sep
arate the opinion of a great and learned man from
some consideration of the person who has delivered
that opinion.
Mr. Hastings, being conscious of this, and not fearing the tribunal abroad for the reason that I gave
you, namely, his belief that it was not very adverse
to him, and also knowing that the prosecution there
was dropped, had but one thing left for his consideration, which was, how he should conflict with the tribunal at home: and as the prosecution must originate from the Court of Directors, and be authorized by some great law opinions, the great point with him
was, some way or other, by his party, I will not say
by what means or circumstances, but by some party
means, to secure a strong interest in the executive
part of the India House. My Lords, was that interest used properly and fairly? I will not say that
friendship and partiality imply injustice; they certainly do not; but they do not imply justice. The
Court of Directors took up this affair with great
warmth; they committed it to their solicitor, and the
solicitor would naturally (as most solicitors do) draw
up a case a little favorably for the persons that employed him; and if there was any leaning, which
upon my word I do not approve in the management
of any cause whatever, yet, if there was a leaning, it
must be a leaning for the client.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 257 Now the counsel did not give a decided opinion against the prosecution, but upon the face of the case they expressed great doubts upon it; for, with such
a strange, disorderly, imperfect, and confused case as
was laid before them, they could not advise a prosecution; and in my opinion they went no further.
And, indeed, upon that case that went before them,
I, who am authorized by the Commons to prosecute,
do admit that a great doubt might lie upon the most
deciding mind, whether, under the circumstances
there stated, a prosecution could be or ought to be
pursued. I do not say which way my mind would
have turned, upon that very imperfect state of the
case; but I still allow so much to their very great
ability, great minds, and sound judgment, that 1
am not sure, if it was res integra, I would not have
rather hesitated myself (who am now here an accuser) what judgment to give.
It does happen that there are very singular circumstances in this business, to which your Lordships
will advert; and you will consider what weight they
ought to have upon your Lordships' minds. The
person who is now the solicitor of the Company is a
very respectable man in the profession, - Mr. Smith;
he was at that time also the Company's solicitor, and
he has since appeared in this cause as Mr. Hastings's
solicitor.
Now there is something particular in a
man's being the solicitor to a party who was prosecuting another, and continuing afterwards in his
office, and becoming the solicitor to the party prosecuted. It would be nearly as strange as if our solicitor were to be the solicitor of Mr. Hastings in this prosecution and trial before your Lordships. It is
true, that we cannot make out, nor do we attempt to
VOL. X. 17
? ? ? ? 258 IMPEACHMENT OF WARREN HASTINGS.
prove, that Mr. Smith was at that time actually Mr.
Hastings's solicitor: all that we shall attempt to
make out is, that the case he produced was just such
a case as a solicitor anxious for the preservation of
his client, and not anxious for the prosecution, would
have made out.
My Lords, I have next to remark, that the opinion
which the counsel gave in this case, namely, a very
doubtful opinion, accompanied with strong censure of
the manner in which the case was stated, was drawn
from them by a case in which I charge that there
were misrepresentation, suppression, and falsification.
Now, my Lords, in making this charge I am in a
very awkward and unpleasant situation; but it is a
situation in which, with all the disagreeable circumstances attending it, I must proceed. I am, in this business, obliged to name many men: I do not name
them wantollly, but from the absolute necessity, as
your Lordships will see, of the case. . I do not mean
to reflect upon this gentleman: I believe, at the time
when he made this case, and especially the article
which I state as a falsification, he must have trusted
to some of the servants of the Company, who were
but young in their service at that time. There was
a very great error committed; but by whom, or how,
your Lordships in the course of this inquiry will find.
What I charge first is, that the case was improperly stated; secondly, that it was partially stated; and that afterwards a further report was made upon reference to the same officer in the committee. Now, my Lords, of the three charges which I have made,
the two former, namely, the misrepresentation and
suppression, were applicable to the case; but all the
three, misrepresentation, suppression, and falsification, were applicable to the report.
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 259
This I say in vindication of the opinions given,
and for the satisfaction of the public, who may be
imposed upon by them. I wish the word to be understood. When I say imposed, I always mean by it the weight and authority carried: a meaning which
this word, perhaps, has not got yet thoroughly in the
English language; but in a neighboring language imposing means, that it weighs upon men's minds with a sovereign authority. To say that the opinions of
learned men, though even thus obtained, may not
have weight with this court, or with any court, is
a kind of compliment I cannot pay to them at the
expense of that common nature in which I and all
human beings are involved.
He states in the case the covenants and the salary
of Mr. Hastings, and his emoluments, very fairly.
I do not object to any part of that. He then proceeds to state very partially the business upon which
the Committee of Circuit went, and without opening
whose conduct we cannot fully bring before you this
charge of bribery. He then states, " that, an inquiry
having been made by the present Supreme Council
of Bengal respecting the conduct of the members of
the last administration, several charges have been
made, stating moneys very improperly received by
Mr. Hastings during the time of the late administration: amongst these is one of his having received 150,000 rupees of Munny Begum, the guardian of
the Nabob, who is an infant. "
In this statement of the case everything is put
out of its true place. Mr. Hastings was not charged
with receiving a lac and a half of rupees from
Munny Begum, the guardian of the Nabob, - for she
was not then his guardian; but he was charged with
? ? ? ? 260 IMPEACHMENT OF WARREN HASTINGS.
receiving a lac and a half of rupees for removing
the Nabob's own mother, who was his natural guardian, and substituting this step-mother, who was a prostitute, in her place; whereas here it supposes lihe
found her a guardian, and that she had made him a
present, which alters the whole nature of the case.
The case, in the recital of the charge, sets out with
what every one of your Lordships knows now not to
be tlie truth of the fact, nor the thing that in itself
implies the criminality: he ought to have stated that
in the beginning of the business. The suppressions
in the recital are amazing. He states an inquiry
having been made by the Supreme Council of Bengal respecting the conduct of the members of the last administration. That inquiry was made in consequence of the charge, and not the charge brought forward, as they would have it believed, in consequence of the inquiry. There is no mention that
that inquiry had been expressly ordered by the Court
of Directors; but it is stated as though it was a
voluntary inquiry. Now there is always something
doubtful in voluntary inquiries with regard to the
people concerned. He then supposes, upon this inquiry, that to be the charge which is not the charge at all. The crime, as I have stated, consisted of
two distinct parts, but both inferring the same corruption: the first, two lac of rupees taken expressly for the nomination of this woman to this place; and
the other, one lac and a half of rupees, in effect for
the same purpose, but under the name and color of
an entertainment. The drawer of the case, finding
that in the one case, namely, the two lac of rupees,
the evidence was more weak, but that no justification could be set up, - finding in the other, the lac
? ? ? ? SPEECH ON THE SIXTH ARTICLE. -SECOND DAY. 261
and a half of rupees, the proof strong and not to be
resisted, but that some justification was to be found
for it, lays aside the charge of the two lac totally;
and the evidence belonging to it, which was considered as rather weak, is applied to the other charge of a lac and a half, the proof of which upon its own
evidence was irresistible.
My speech I hope your Lordships consider as only pointing out to your attention these particulars.
Your Lordships will see it exemplified throughout
the whole, that, when there is eviaence (for some
evidence is brought) that does belong to the lac and
a half, it is entirely passed by, the most material circumstances are weakened, the whole strength and force of them taken away. Every one knows how
true it is of evidence, junectajuvant: but here everything is broken and smashed to pieces, and nothillg but disorder appears through the whole. For your
Lordships will observe that the proof that belongs
to one thing is put as belonging to another, and the
proof of the other brought in a weak and imperfect
manner in the rear of the first, and with every kind
of observation to rebut and weaken it; and wher
this evidence is produced, which appears inapplicable
almost in all the parts, in many doubtful, confused,
and perplexed, and in some even contradictory,
(which it will be when the evidence to one thing
is brought to apply and bear upon another,) good
hopes were entertained in consequence that that
would happen which in part did happen, namely,
that the counsel, distracted and confused, and finding no satisfaction in the case, could not advise a prosecution.
But what is still more material and weighty, many
? ? ? ? 262 IMPEACHMENT OF WARREN HASTINGS.
particulars are suppressed in this case, and still more
in the report; and turning from the case to the proceedings of the persons who are supposed to have the
management of the inquiry, they bring forward, as
an appendix to this case, Mr. Hastings's own invectives and charge against these persons, at the very
same time that they suppress and do not bring forward, either in the charge or upon the report, what
the other party have said in their own justification.
The consequence of this management was, that a
body of evidence which would have made this case
the clearest in the world, and which I hope we shall
make to appear so to your Lordships, was rendered
for the most part inapplicable, and the whole puzzled
and confused: I say, for the most part, for some
parts did apply, but miserably applied, to the case.
From their own state of the case they would have it
inferred that the fault was not in their way of representing it, but in the infirmity, confusion, and disorder of the proofs themselves; but this, I trust we shall satisfy you, is by no means the case. I rest,
however, upon the proof of partiality in this business, of the imposition upon the counsel, whether
designed or not, and of the bias given by adding an
appendix with Mr. Hastings's own remarks upon the
case, without giving the reasons of the other parties
for their conduct. Now, if there was nothing else
than the fallacious recital, and afterwards the suppression, I believe any rational and sober man would
see perfect, good, and sufficient ground for laying
aside any authority that can be derived from the
opinions of persons, though of the first character
(and I am sure no man living does more homage to
their learning, impartiality, and understanding than
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 263
I do): first, because the statement of the case has
thrown the whole into confusion; and secondly, as to
the matter added as an appendix, which gives the
representation of the delinquent and omits the representation of his prosecutors, it is observed very properly and very wisely by one of the great men
before whom this evidence was laid, that "the evidence, as it is here stated, is still more defective, if the appendix is adopted by the Directors and meant
to make a part of the case; for that throws discredit
upon all the information so collected. " Certainly it
does; for, if the delinquent party, who is to be prosecuted, be heard with his own representation of the case, and that of his prosecutors be suppressed, he
is master both of the lawyers and of the mind of
mankind.
My Lords, I have here attempted to point out the
extreme inconsistencies and defects of this proceeding; and I wish your Lordships to consider, with respect to these proceedings of the India House in their prosecutions, that it is in the power of some
of their officers to make statements in the manner
that I have described, then to obtain the names of
great lawyers, and under their sanction to carry the
accused through the world as acquitted.
These are the material circumstances which will
be submitted to your Lordships' sober consideration
in the course of this inquiry. I have now stated
them on these two accounts: first, to rebut the reason which Mr. Hastings has assigned for not giving
any satisfaction to the Court of Directors, namely,
because they did not want it, having dropped a prosecution upon great authorities and opinions; and
next,. to show your Lordships how a business begun
? ? ? ? 264 IMPEACHMENT OF WARREN HASTINGS.
in bribery is to be supported only by fraud, deceit,
and collusion, and how the receiving of bribes by a
Governor-General of Bengal tends to taint the whole
service from beginning to end, both at home and
abroad.
But though upon the partial case that was presented to them these great lawyers did not advise
a prosecution, and though even upon a full representation of a case a lawyer might think that a man ought not to be prosecuted, yet he may consider him
to be the vilest man upon earth. We know men
are acquitted in the great tribunals in which several Lords of this country have presided, and who perhaps ought not to have been brought there and
prosecuted before them, and yet about whose delinquency there could be no doubt. But though we have here sufficient reason to justify the great lawyers whose names and authorities are produced, yet Mr. Hastings has extended that authority beyond the
length of their opinions. For, being no longer under the terror of the law, which, he said, restrained
him from making his defence, he was then bound to
give that satisfaction to his masters and the world
which every man in honor is bound to do, when a
grave accusation is brought against him. But this
business of the law I wish to sleep from this moment, till the time when it shall come before you; though I suspect, and have had reason (sitting in
committees in the House of Commons) to believe,
that there was in the India House a bond of iniquity, somewhere or other, which was able to impose
in the first instance upon the solicitor, the guilt of
which, being of another nature, I shall state hereafter,
that your Lordships may be able to discover tlhrough
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 265
whose means and whose fraud Mr. Hastings obtained
these opinions.
If, however, all the great lawyers had been unanimous upon that occasion, still it would have been necessary for Mr. Hastings to say, " I cannot, according to my opinion, be brought to give an account in a court of justice, and I have got great lawyers to
declare, that, upon the case laid before them, they
cannot advise a prosecution; but now is the time
for me to come forward, and, being no longer in
fear that my defence may be turned against me, I
will produce my defence for the satisfaction of my
masters and the vindication of my own character. "
But besides this doubtful opinion (for I believe your
Lordships will find it no better than a doubtftil opinion) given by persons for whom I have the highest honor, and given with a strong censure upon the
state of the case, there were also some great lawyers,
men of great authority in the kingdom, who gave a
full and decided opinion that a prosecution ought to
be instituted against him; but the Court of Directors decided otherwise, they overruled those opinions, and acted upon the opinions in favor of Mr. Hastings. When, therefore, he knew that the great men
in the law were divided upon the propriety of a prosecution, but that the Directors had decided in his favor, he was the more strongly bound to enter into
a justification of his conduct.
But there was another great reason which should
have induced him to do this. One great lawyer,
known to many of your Lordships, Mr. Sayer, a very
honest, intelligent man, who had long served the Company and well knew their affairs, had given an opinion concerning Mr. Hastings's conduct in stopping
? ? ? ? 266 IMPEACHMENT OF WARREN HASTINGS.
these prosecutions. There was an abstract question
put to Mr. Sayer, and other great lawyers, separated
from many of the circumstances of this business, concerning a point which incidentally arose; and this was, whether Mr. Hastings, as Governor-General, had
a power so to dissolve the Council, that, if he declared
it dissolved, they could not sit and do any legal and
regular act. It was a great question with the lawyers
at the time, and there was a difference of opinion on
it. Mr. Sayer was one of those who were inclined to
be of opinion that the Governor-General had a power
of dissolving the Council, and that the Council could
not legally sit after such dissolution. But what was
his remark upon Mr. Hastings's conduct? - and you
must suppose his remark of more weight, because,
upon the abstract question, he had given his opinion
in favor of Mr. Hastings's judgment. " The meeting
of the Council depends on the pleasure of the Governor; and I think the duration of it must do so,
too. But it was as great a crime to dissolve the
Council upon base and sinister motives as it would
be to assume the power of dissolving, if he had it not.
I believe he is the first Governor that ever dissolved
a Council inquiring into his behavior, when lie was
innocent. Before lie could summon three Counicils
and dissolve them, he had time fully to consider what
would be the result of such conduct, to convince everybody, beyond a doubt,'of his conscious guilt. "
Mr. Sayer, then, among other learned people, (and
if he had not been the man that I have described, yet,
from his intimate connection with the Company, his
opinion must be supposed to have great weight,) having used expressions as strong as the persons who have ever criminated Mr. Hastings most for the worst
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 267
of his crimes have ever used to qualify and describe
them, and having ascribed his conduct to base and
sinister motives, he was bound upon that occasion to
justify that strong conduct, allowed to be legal, and
charged at the same time to be violent. Mr. Hastings
was obliged then to produce something in his justification. He never did. Therefore, for all the reasons assigned by himself, drawn from the circumstances of
prosecution and non-prosecution, and from opinions
of lawyers and colleagues, the Court of Directors at
the same time censuring his conduct, and strongly applauding the conduct of those who were adverse to him, Mr. Hastings was, I say, from those accumulated circumstances, bound to get rid of the infamy of
a conduct which could be attributed to nothing but
base and sinister motives, and which could have no
effect but to convince men of his consciousness that
he was guilty. From all these circumstances I infer
that no man could have endured this load of infamy,
and to this time have given no explanation of his conduct, unless for the reason which this learned counsel gives, and which your Lordships and the world will
give, namely, his conscious guilt.
After leaving upon your minds that presumption,
not to operate without proof, but to operate along
with the proof, (though, I take it, there are some presumptions that go the full length of proof,) I shall
not press it to the length to whiclf I think it would go,
but use it only as auxiliary, assisting, and compurgatory of all the other evidences that go along with it. There is another circumstance which must come
before your Lordships in this business. If you find
that Mr. Hastings has received the two lac of rupees,
then you will find that he was guilty, without color or
? ? ? ? 268 IMPEACHMENT OF WARREN HASTINGS.
pretext of any kind whatever, of acting in violation of
his covenant, of acting in violation of the laws, and
all the rules of honor and conscience. If you find
that he has taken the lac and a half, which he admits,
but which he justifies under the pretence of an entertainment, I shall beg to say something to your Lordships concerning that justification.
The justification set up is, that he went up from
Calcutta to Moorshedabad, and paid a visit of three
months, and that there an allowance was made to him
of two hundred pounds a day in lieu of an entertainment. Now, my Lords, I leave it to you to determine,
if there was such a custom, whether or no his covenant justifies his conformity with it. I remember
Lord Coke, talking of the Brehon law in Ireland, says
it is no law, but a lewd custom. A governor is to
conform himself to the laws of his own country, to
the stipulations of those that employ him, and not to
the lewd customs of any other country: those customs
are more honored in the breach than in the observance. If Mr. Hastings was really feasted and entertained with the magnificence of the country, if there was an entertainment of dancing-girls brought out to
amuse him in his leisure hours, if he was feasted with
the hookah and every other luxury, there is something to be said for him, though I should not justify
a Governor-General wasting his days in that manner.
But in fact here was no entertainment that could
amount to such a sum; and he has nowhere proved
the existence of such a custom.
But if such a custom did exist, which I contend is
more honored in the breach than in the observance,
that custom is capable of being abused to the grossest
extortion; and that it was so abused will strike your
? ? ? ? SPEECH ON THE SIXTH ARTICLE. - SECOND DAY. 269
Lordships' minds in such a manner that I hardly need
detail the circumstances of it. What! two hundred
pounds to be given to a man for one day's entertainment? If there is an end of it there, it ruins nobody, and cannot be supposed, to a great degree, to corrupt
anybody; but when that entertainment is renewed
day after day for three months, it is no longer a compliment to the man, but a great pecuniary advantage, and, on the other hand, to the person giving it, a
grievous, an intolerable burden. It then becomes a
matter of the most serious and dreadful extortion,
tending to hinder the people who give it not only
from giving entertainment, but from having bread to
eat themselves. Therefore, if any such entertainment was customary, the custom was perverted by the abuse of its being continued for three months together. It was longer than Ahasuerus's feast. There is
a feast of reason and a flow of soul; but Mr. Hastings's feast was a feast of avarice and a flow of money. No wonder he was unwilling to rise from such a table:
he continued to sit at that table for three months.
In his covenant he is forbidden expressly to take
any allowance above 4001. , and forbidden to take
any allowance above 1001. , without the knowledge,
consent, and approbation of the Council to which he
belongs. Now he takes 16,0001. , not only without
the consent of the Council, but without their knowledge, -- without the knowledge of any other human being: it is kept hid in the darkest and most secret
recesses of his own black agents and confidants, and
those of Munny Begum. Why is it a secret? Hospitality, generosity, virtues of that kind, are full of
display; there is an ostentation, a pomp, in them;
they want to be shown to the world, not concealed.
? ? ? ? 270 IMPEACHMENT OF WARREN HASTINGS.
The concealment of acts of charity is what makes
them acceptable in the eyes of Him with regard to
whom there can be no concealment; but acts of corruption are kept secret, not to keep them secret from the eye of Him, whom the person that observes the
secrecy does not fear, nor perhaps believe in, but to
keep them secret from the eyes of mankind, whose
opinions he does fear, in the immediate effect of
them, and in their future consequences. Therefore
he had but one reason to keep this so dark and profound a secret, till it was dragged into day in spite
of him; he had no reason to keep it a secret, but his
knowing it was a proceeding that could not bear the
light. Charity is the only virtue that I ever heard
of that derives from its retirement any part of its
lustre; the others require to be spread abroad in the
face of day. Such candles should not be hid under
a bushel, and, like the illuminations which men light
up when they mean to express great joy and great
magnificence for a great event, their very splendor is
a part of their excellence. We upon our feasts light
up this whole capital city; we in our feasts invite all
the world to partake them. Mr. Hastings feasts in
the dark; Mr.
