A similar complaint was made to the House of Commons by the prisoner,

that matters irrelevant to the charge were brought up hither. Was it not

open to him, and has he had no friends in the House of Commons, to call

upon the House, during the whole period of this proceeding, to examine

into the particulars adduced in justification of the preamble of the

charge against him, in justification of the covenants of the Company, in

justification of the act of Parliament? It was in his power to do it; it

is in his power still; and if it be brought before that tribunal, to

which I and my fellow Managers are alone accountable, we will lay before

that tribunal such matters as will sufficiently justify our mode of

proceeding, and the resolution of the House of Commons. I will not,

therefore, enter into the particulars (because they cannot be entered

into by your Lordships) any further than to say, that, if we had ever

been called upon to prove the allegations which we have made, not in the

nature of a charge, but as bound in duty to this Court, and in justice

to ourselves, we should have been ready to enter into proof. We offered

to do so, and we now repeat the offer.

* * * * *

There was another complaint in the prisoner's petition, which did not

apply to the words of the preamble, but to an allegation in the charge

concerning abuses in the revenue, and the ill consequences which arose

from them. I allude to those shocking transactions, which nobody can

mention without horror, in Rampore and Dinagepore, during the government

of Mr. Hastings, and which we attempted to bring home to him. What did

he do in this case? Did he endeavor to meet these charges fairly, as he

might have done? No, my Lords: what he said merely amounted to

this:--"Examination into these charges would vindicate my reputation

before the world; but I, who am the guardian of my own honor and my own

interests, choose to avail myself of the rules and orders of this

House, and I will not suffer you to enter upon that examination."

My Lords, we admit, you are the interpreters of your own rules and

orders. We likewise admit that our own honor may be affected by the

character of the evidence which we produce to you. But, my Lords, they

who withhold their defence, who suffer themselves, as they say, to be

cruelly criminated by unjust accusation, and yet will not permit the

evidence of their guilt or innocence to be produced, are themselves the

causes of the irrelevancy of all these matters. It cannot justly be

charged on us; for we have never offered any matter here which we did

not declare our readiness upon the spot to prove. Your Lordships did not

think fit to receive that proof. We do not now censure your Lordships

for your determination: that is not the business of this day. We refer

to your determination for the purpose of showing the falsehood of the

imputation which the prisoner has cast upon us, of having oppressed him

by delay and irrelevant matter. We refer to it in order to show that the

oppression rests with himself, that it is all his own.

Well, but Mr. Hastings complained also to the House of Commons. Has he

pursued the complaint? No, he has not; and yet this prisoner, and these

gentlemen, his learned counsel, have dared to reiterate their complaints

of us at your Lordships' bar, while we have always been, and still are,

ready to prove both the atrocious nature of the facts, and that they are

_referable_ to the prisoner at your bar. To this, as I have said before,

the prisoner has objected; this we are not permitted to do by your

Lordships: and therefore, without presuming to blame your

determination, I repeat, that we throw the blame directly upon himself,

when he complains that his private character suffers without the means

of defence, since he objects to the use of means of defence which are at

his disposal.

Having gone through this part of the prisoner's recriminatory charge, I

shall close my observations on his demeanor, and defer my remarks on his

complaint of our ingratitude until we come to consider his set-off of

services.

* * * * *

The next subject for your Lordships' consideration is the principle of

the prisoner's defence. And here we must observe, that, either by

confession or conviction, we are possessed of the facts, and perfectly

agreed upon the matter at issue between us. In taking a view of the laws

by which you are to judge, I shall beg leave to state to you upon what

principles of law the House of Commons has criminated him, and upon what

principles of law, or pretended law, he justifies himself: for these are

the matters at issue between us; the matters of fact, as I have just

said, being determined either by confession on his part or by proof on

ours.

My Lords, we acknowledge that Mr. Hastings was invested with

discretionary power; but we assert that he was bound to use that power

according to the established rules of political morality, humanity, and

equity. In all questions relating to foreign powers he was bound to act

under the Law of Nature and under the Law of Nations, as it is

recognized by the wisest authorities in public jurisprudence; in his

relation to this country he was bound to act according to the laws and

statutes of Great Britain, either in their letter or in their spirit;

and we affirm, that in his relation to the people of India he was bound

to act according to the largest and most liberal construction of their

laws, rights, usages, institutions, and good customs; and we furthermore

assert, that he was under an express obligation to yield implicit

obedience to the Court of Directors. It is upon these rules and

principles the Commons contend that Mr. Hastings ought to have regulated

his government; and not only Mr. Hastings, but all other governors. It

is upon these rules that he is responsible; and upon these rules, and

these rules only, your Lordships are to judge.

My Lords, long before the Committee had resolved upon this impeachment,

we had come, as I have told your Lordships, to forty-five resolutions,

every one criminatory of this man, every one of them bottomed upon the

principles which I have stated. We never will nor can we abandon them;

and we therefore do not supplicate your Lordships upon this head, but

claim and demand of right, that you will judge him upon those

principles, and upon no other. If once they are evaded, you can have no

rule for your judgment but your caprices and partialities.

Having thus stated the principles upon which the Commons hold him and

all governors responsible, and upon which we have grounded our

impeachment, and which must be the grounds of your judgment, (and your

Lordships will not suffer any other ground to be mentioned to you,) we

will now tell you what are the grounds of his defence.

He first asserts, that he was possessed of an arbitrary and despotic

power, restrained by no laws but his own will. He next says, that "the

rights of the people he governed in India are nothing, and that the

rights of the government are everything." The people, he asserts, have

no liberty, no laws, no inheritance, no fixed property, no descendable

estate, no subordinations in society, no sense of honor or of shame, and

that they are only affected by punishment so far as punishment is a

corporal infliction, being totally insensible of any difference between

the punishment of man and beast. These are the principles of his Indian

government, which Mr. Hastings has avowed in their full extent. Whenever

precedents are required, he cites and follows the example of avowed

tyrants, of Aliverdy Khân, Cossim Ali Khân, and Sujah Dowlah. With an

avowal of these principles he was pleased first to entertain the House

of Commons, the _active_ assertors and conservators of the rights,

liberties, and laws of his country; and then to insist upon them more

largely and in a fuller detail before this awful tribunal, the _passive_

judicial conservator of the same great interests. He has brought out

these blasphemous doctrines in this great temple of justice, consecrated

to law and equity for a long series of ages. He has brought them forth

in Westminster Hall, in presence of all the Judges of the land, who are

to execute the law, and of the House of Lords, who are bound as its

guardians not to suffer the words "arbitrary power" to be mentioned

before them. For I am not again to tell your Lordships, that arbitrary

power is treason in the law,--that to mention it with law is to commit a

contradiction in terms. They cannot exist in concert; they cannot hold

together for a moment.

Let us now hear what the prisoner says. "The sovereignty which they [the

subahdars, or viceroys of the Mogul empire] assumed, it fell to my lot,

very unexpectedly, to exert; and whether or not such power, or powers of

that nature, were delegated to me by any provisions of any act of

Parliament I confess myself too little of a lawyer to pronounce. I only

know that the acceptance of the sovereignty of Benares, &c., is not

acknowledged or admitted by any act of Parliament; and yet, by the

particular interference of the majority of the Council, the Company is

clearly and indisputably seized of that sovereignty. If, therefore, the

_sovereignty_ of Benares, as ceded to us by the Vizier, have _any rights

whatever_ annexed to it, and be not a mere empty word without meaning,

those rights must be such as are held, countenanced, and established by

the law, custom, and usage of the Mogul empire, and not by the

provisions of any British act of Parliament hitherto enacted. _Those

rights_, and none other, I have been the involuntary instrument of

enforcing. And if any future act of Parliament shall positively or by

implication tend to annihilate those very rights, or their exertion, as

I have exerted them, I much fear that the boasted sovereignty of

Benares, which was held up as an acquisition almost obtruded on the

Company against my consent and opinion, (for I acknowledge that even

then I foresaw many difficulties and inconveniences in its future

exercise,)--I fear, I say, that this sovereignty will be found a burden

instead of a benefit, a heavy clog rather than a precious gem to its

present possessors: I mean, unless the whole of our territory in that

quarter shall be rounded and made an uniform compact body by one grand

and systematic arrangement,--such an arrangement as shall do away all

the mischiefs, doubts, and inconveniences (both to the governors and

the governed) arising from the variety of tenures, rights, and claims in

all cases of landed property and feudal jurisdiction in India, from the

informality, invalidity, and instability of all engagements in so

divided and unsettled a state of society, and from the unavoidable

anarchy and confusion of different laws, religions, and prejudices,

moral, civil, and political, all jumbled together in one unnatural and

discordant mass. Every part of Hindostan has been constantly exposed to

these and similar disadvantages ever since the Mahometan conquests. The

Hindoos, who never incorporated with their conquerors, were kept in

order only by the strong hand of power. The constant necessity of

similar exertions would increase at once their energy and extent. So

that rebellion itself is the parent and promoter of _despotism_.

Sovereignty in India implies nothing else. For I know not how we can

form an estimate of its powers, but from its visible effects; and those

are everywhere the same from Cabool to Assam. The whole history of Asia

is nothing more than precedents to prove the invariable exercise of

arbitrary power. To all this I strongly alluded in the minutes I

delivered in Council, when the treaty with the new Vizier was on foot in

1775; and I wished to make Cheyt Sing independent, because in India

dependence included a thousand evils, many of which I enumerated at that

time, and they are entered in the ninth clause of the first section of

this charge. I knew the powers with which an Indian sovereignty is

armed, and the dangers to which tributaries are exposed. I knew, that,

from the history of Asia, and from the very nature of mankind, the

subjects of a despotic empire are always vigilant for the moment to

rebel, and the sovereign is ever jealous of rebellious intentions. A

zemindar is an Indian subject, and as such exposed to the common lot of

his fellows. _The mean and depraved state of a mere zemindar_ is

therefore this very dependence above mentioned on a despotic government,

this very proneness to shake off his allegiance, and this very exposure

to continual danger from his sovereign's jealousy, which are consequent

on the political state of Hindostanic governments. Bulwant Sing, if he

had been, and Cheyt Sing, as long as he was, a zemindar, stood exactly

in this _mean and depraved state_ by the constitution of his country. I

did not make it for him, but would have secured him from it. Those who

made him a zemindar entailed upon him the consequences of so mean and

depraved a tenure. Aliverdy Khân and Cossim Ali fined all their

zemindars on the necessities of war, and on every pretence either of

court necessity or court extravagance."

I beseech your Lordships seriously to look upon the whole nature of the

principles upon which the prisoner defends himself. He appeals to the

custom and usage of the Mogul empire; and the constitution of that

empire is, he says, arbitrary power. He says, that he does not know

whether any act of Parliament bound him not to exercise this arbitrary

power, and that, if any such act should in future be made, it would be

mischievous and ruinous to our empire in India. Thus he has at once

repealed all preceding acts, he has annulled by prospect every future

act you can make; and it is not in the power of the Parliament of Great

Britain, without ruining the empire, to hinder his exercising this

despotic authority. All Asia is by him disfranchised at a stroke. Its

inhabitants have no rights, no laws, no liberties; their state is mean

and depraved; they may be fined for any purpose of court extravagance or

prodigality,--or as Cheyt Sing was fined by him, not only upon every

war, but upon every pretence of war.

This is the account he gives of his power, and of the people subject to

the British government in India. We deny that the act of Parliament gave

him any such power; we deny that the India Company gave him any such

power, or that they had ever any such power to give; we even deny that

there exists in all the human race a power to make the government of any

state dependent upon individual will. We disclaim, we reject all such

doctrines with disdain and indignation; and we have brought them up to

your Lordships to be tried at your bar.

What must be the condition of the people of India, governed, as they

have been, by persons who maintain these principles as maxims of

government, and not as occasional deviations caused by the irregular

will of man,--principles by which the whole system of society is to be

controlled, not by law, reason, or justice, but by the will of one man?

Your Lordships will remark, that not only the whole of the laws, rights,

and usages, but the very being of the people, are exposed to ruin: for

Mr. Hastings says, that the people may be fined, that they may be

exiled, that they may be imprisoned, and that even their lives are

dependent upon the mere will of their foreign master; and that he, the

Company's Governor, exercised that will under the authority of this

country. Remark, my Lords, his application of this doctrine. "I would,"

he says, "have kept Cheyt Sing from the consequences of this dependence,

by making him independent, and not in any manner subjecting him to our

government. The moment he came into a state of dependence upon the

British government, all these evils attached upon him.--It is," he adds,

"disagreeable to me to exert such powers; but I know they must be

exerted; and I declare there is no security from this arbitrary power,

but by having nothing to do with the British government."

My Lords, the House of Commons has already well considered what may be

our future moral and political condition, when the persons who come from

that school of pride, insolence, corruption, and tyranny are more

intimately mixed up with us of purer morals. Nothing but contamination

can be the result, nothing but corruption can exist in this country,

unless we expunge this doctrine out of the very hearts and souls of the

people. It is not to the gang of plunderers and robbers of which I say

this man is at the head, that we are only, or indeed principally, to

look. Every man in Great Britain will be contaminated and must be

corrupted, if you let loose among us whole legions of men, generation

after generation, tainted with these abominable vices, and avowing these

detestable principles. It is, therefore, to preserve the integrity and

honor of the Commons of Great Britain, that we have brought this man to

your Lordships' bar.

When these matters were first explained to your Lordships, and strongly

enforced by abilities greater than I can exert, there was something like

compunction shown by the prisoner: but he took the most strange mode to

cover his guilt. Upon the cross-examination of Major Scott, he

discovered all the engines of this Indian corruption. Mr. Hastings got

that witness to swear that this defence of his, from which the passages

I have read to your Lordships are extracted, was not his, but that it

was the work of his whole Council, composed of Mr. Middleton, Mr. Shore,

Mr. Halhed, Mr. Baber,--the whole body of his Indian Cabinet Council;

that this was their work, and not his; and that he disclaimed it, and

therefore that it would be wrong to press it upon him. Good God! my

Lords, what shall we say in this stage of the business? The prisoner put

in an elaborate defence: he now disclaims that defence. He told us that

it was of his own writing, that he had been able to compose it in five

days; and he now gets five persons to contradict his own assertions, and

to disprove on oath his most solemn declarations.

My Lords, this business appears still more alarming, when we find not

only Mr. Hastings, but his whole Council, engaged in it. I pray your

Lordships to observe, that Mr. Halhed, a person concerned with Mr.

Hastings in compiling a code of Gentoo laws, is now found to be one of

the persons to whom this very defence is attributed which contains such

detestable and abominable doctrines. But are we to consider the contents

of this paper as the defence of the prisoner or not? Will any one say,

that, when an answer is sworn to in Chancery, when an answer is given

here to an impeachment of the Commons, or when a plea is made to an

indictment, that it is drawn by the defendant's counsel, and therefore

is not his? Did we not all hear him read this defence in part at our

bar?--did we not see him hand it to his secretary to have it read by his

son?--did he not then hear it read from end to end?--did not he himself

desire it to be printed, (for it was no act of ours,) and did he not

superintend and revise the press?--and has any breath but his own

breathed upon it? No, my Lords, the whole composition is his, by writing

or adoption; and never, till he found it pressed him in this House,

never, till your Lordships began to entertain the same abhorrence of it

that we did, did he disclaim it.

But mark another stage of the propagation of these horrible principles.

After having grounded upon them the defence of his conduct against our

charge, and after he had got a person to forswear them for him, and to

prove him to have told falsehoods of the grossest kind to the House of

Commons, he again adheres to this defence. The dog returned to his

vomit. After having vomited out his vile, bilious stuff of arbitrary

power, and afterwards denied it to be his, he gets his counsel in this

place to resort to the loathsome mess again. They have thought proper,

my Lords, to enter into an extended series of quotations from books of

travellers, for the purpose of showing that despotism was the only

principle of government acknowledged in India,--that the people have no

laws, no rights, no property movable or immovable, no distinction of

ranks, nor any sense of disgrace. After citing a long line of travellers

to this effect, they quote Montesquieu as asserting the same facts,

declaring that the people of India had no sense of honor, and were only

sensible of the whip as far as it produced corporal pain. They then

proceed to state that it was a government of misrule, productive of no

happiness to the people, and that it so continued until subverted by the

free government of Britain,--namely, the government that Mr. Hastings

describes as having himself exercised there.

My Lords, if the prisoner can succeed in persuading us that these people

have no laws, no rights, not even the common sentiments and feeling of

men, he hopes your interest in them will be considerably lessened. He

would persuade you that their sufferings are much assuaged by their

being nothing new,--and that, having no right to property, to liberty,

to honor, or to life, they must be more pleased with the little that is

left to them than grieved for the much that has been ravished from them

by his cruelty and his avarice. This inference makes it very necessary

for me, before I proceed further, to make a few remarks upon this part

of the prisoner's conduct, which your Lordships must have already felt

with astonishment, perhaps with indignation. This man, who passed

twenty-five years in India, who was fourteen years at the head of his

government, master of all the offices, master of all the registers and

records, master of all the lawyers and priests of all this empire, from

the highest to the lowest, instead of producing to you the fruits of so

many years' local and official knowledge upon that subject, has called

out a long line of the rabble of travellers to inform you concerning the

objects of his own government. That his learned counsel should be

ignorant of those things is a matter of course. That, if left to

himself, the person who has produced all this stuff should, in pursuit

of his darling arbitrary power, wander without a guide, or with false

guides, is quite natural. But your Lordships must have heard with

astonishment, that, upon points of law relative to the tenure of lands,

instead of producing any law document or authority on the usages and

local customs of the country, he has referred to officers in the army,

colonels of artillery and engineers, to young gentlemen just come from

school, not above three or four years in the country. Good God! would

not one rather have expected to hear him put all these travellers to

shame by the authority of a man who had resided so long in the supreme

situation of government,--to set aside all these wild, loose, casual,

and silly observations of travellers and theorists? On the contrary, as

if he was ignorant of everything, as if he knew nothing of India, as if

he had dropped from the clouds, he cites the observations of every

stranger who had been hurried in a palanquin through the country,

capable or incapable of observation, to prove to you the nature of the

government, and of the power he had to exercise.

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