In opposition to this assertion we first do positively deny that he or

the Company are the perfect representative of any sovereign power

whatever. They have certain rights by their charter, and by acts of

Parliament, but they have no other. They have their legal rights only,

and these do not imply any such thing as sovereign power. The

sovereignty of Great Britain is in the King; he is the sovereign of the

Lords and the sovereign of the Commons, individually and collectively;

and as he has his prerogative established by law, he must exercise it,

and all persons claiming and deriving under him, whether by act of

Parliament, whether by charter of the Crown, or by any other mode

whatever, all are alike bound by law, and responsible to it. No one can

assume or receive any power of sovereignty, because the sovereignty is

in the Crown, and cannot be delegated away from the Crown; no such

delegation ever took place, or ever was intended, as any one may see in

the act by which Mr. Hastings was nominated Governor. He cannot,

therefore, exercise that high supreme sovereignty which is vested by the

law, with the consent of both Houses of Parliament, in the King, and in

the King only. It is a violent, rebellious assumption of power, when Mr.

Hastings pretends fully, perfectly, and entirely to represent the

sovereign of this country, and to exercise legislative, executive, and

judicial authority, with as large and broad a sway as his Majesty,

acting with the consent of the two Houses of Parliament, and agreeably

to the laws of this kingdom. I say, my Lords, this is a traitorous and

rebellious assumption, which he has no right to make, and which we

charge against him, and therefore it cannot be urged in justification of

his conduct in any respect.

He next alleges, with reference to one particular case, that he received

this sovereignty from the Vizier Sujah Dowlah, who he pretends was

sovereign, with an unlimited power over the life, goods, and property of

Cheyt Sing. This we positively deny. Whatever power the supreme

sovereign of the empire had, we deny that it was delegated to Sujah

Dowlah. He never was in possession of it. He was a vizier of the empire;

he had a grant of certain lands for the support of that dignity: and we

refer you to the Institutes of Timour, to the Institutes of Akbar, to

the institutes of the Mahometan law, for the powers of delegated

governors and viceroys. You will find that there is not a trace of

sovereignty in them, but that they are, to all intents and purposes,

mere subjects; and consequently, as Sujah Dowlah had not these powers,

he could not transfer them to the India Company. His master, the Mogul

emperor, had them not. I defy any man to show an instance of that

emperor's claiming any such thing as arbitrary power; much less can it

be claimed by a rebellious viceroy who had broken loose from his

sovereign's authority, just as this man broke loose from the authority

of Parliament. The one had not a right to give, nor the other to receive

such powers. But whatever rights were vested in the Mogul, they cannot

belong either to Sujah Dowlah, to Mr. Hastings, or to the Company. These

latter are expressly bound by their compact to take care of the subjects

of the empire, and to govern them according to law, reason, and equity;

and when they do otherwise, they are guilty of tyranny, of a violation

of the rights of the people, and of rebellion against their sovereign.

We have taken these pains to ascertain and fix principles, because your

Lordships are not called upon to judge of facts. A jury may find facts,

but no jury can form a judgment of law; it is an application of the law

to the fact that makes the act criminal or laudable. You must find a

fixed standard of some kind or other; for if there is no standard but

the immediate momentary purpose of the day, guided and governed by the

man who uses it, fixed not only for the disposition of all the wealth

and strength of the state, but for the life, fortune, and property of

every individual, your Lordships are left without a principle to direct

your judgment. This high court, this supreme court of appeal from all

the courts of the kingdom, this highest court of criminal jurisdiction,

exercised upon the requisition of the House of Commons, if left without

a rule, would be as lawless as the wild savage, and as unprincipled as

the prisoner that stands at your bar. Our whole issue is upon

principles, and what I shall say to you will be in perpetual reference

to them; because it is better to have no principles at all than to have

false principles of government and of morality. Leave a man to his

passions, and you leave a wild beast to a savage and capricious nature.

A wild beast, indeed, when its stomach is full, will caress you, and may

lick your hands; in like manner, when a tyrant is pleased or his passion

satiated, you may have a happy and serene day under an arbitrary

government. But when the principle founded on solid reason, which ought

to restrain passion, is perverted from its proper end, the false

principle will be substituted for it, and then man becomes ten times

worse than a wild beast. The evil principle, grown solid and perennial,

goads him on and takes entire possession of his mind; and then perhaps

the best refuge that you can have from that diabolical principle is in

the natural wild passions and unbridled appetites of mankind. This is a

dreadful state of things; and therefore we have thought it necessary to

say a great deal upon his principles.

* * * * *

My Lords, we come next to apply these principles to facts which cannot

otherwise be judged, as we have contended and do now contend. I will not

go over facts which have been opened to you by my fellow Managers: if I

did so, I should appear to have a distrust, which I am sure no other man

has, of the greatest abilities displayed in the greatest of all causes.

I should be guilty of a presumption which I hope I shall not dream of,

but leave to those who exercise arbitrary power, in supposing that I

could go over the ground which my fellow Managers have once trodden, and

make anything more clear and forcible than they have done. In my humble

opinion, human ability cannot go farther than they have gone; and if I

ever allude to anything which they have already touched, it will be to

show it in another light,--to mark more particularly its departure from

the principles upon which we contend you ought to judge, or to supply

those parts which through bodily infirmity, and I am sure nothing else,

one of my excellent fellow Managers has left untouched. I am here

alluding to the case of Cheyt Sing.

My honorable fellow Manager, Mr. Grey, has stated to you all the

circumstances requisite to prove two things: first, that the demands

made by Mr. Hastings upon Cheyt Sing were contrary to fundamental

treaties between the Company and that Rajah; and next, that they were

the result and effect of private malice and corruption. This having

been stated and proved to you, I shall take up the subject where it was

left.

My Lords, in the first place, I have to remark to you, that the whole of

the charge originally brought by Mr. Hastings against Cheyt Sing, in

justification of his wicked and tyrannical proceedings, is, that he had

been dilatory, evasive, shuffling, and unwilling to pay that which,

however unwilling, evasive, and shuffling, he did pay; and that, with

regard to the business of furnishing cavalry, the Rajah has asserted,

and his assertion has not been denied, that, when he was desired by the

Council to furnish these troopers, the purpose for which this

application was made was not mentioned or alluded to, nor was there any

place of muster pointed out. We therefore contended, that the demand was

not made for the service of the state, but for the oppression of the

individual that suffered by it.

But admitting the Rajah to have been guilty of delay and unwillingness,

what is the nature of the offence? If you strip it of the epithets by

which it has been disguised, it merely amounts to an unwillingness in

the Rajah to pay more than the sums stipulated by the mutual agreement

existing between him and the Company. This is the whole of it, the whole

front and head of the offence; and for this offence, such as it is, and

admitting that he could be legally fined for it, he was subjected to the

secret punishment of giving a bribe to Mr. Hastings, by which he was to

buy off the fine, and which was consequently a commutation for it.

That your Lordships may be enabled to judge more fully of the nature of

this offence, let us see in what relation Cheyt Sing stood with the

Company. He was, my Lords, a person clothed with every one of the

attributes of sovereignty, under a direct stipulation that the Company

should not interfere in his internal government. The military and civil

authority, the power of life and death, the whole revenue, and the whole

administration of the law, rested in him. Such was the sovereignty he

possessed within Benares: but he was a subordinate sovereign dependent

upon a superior, according to the tenor of his compact, expressed or

implied. Now, having contended, as we still contend, that the Law of

Nations is the law of India as well as of Europe, because it is the law

of reason and the law of Nature, drawn from the pure sources of

morality, of public good, and of natural equity, and recognized and

digested into order by the labor of learned men, I will refer your

Lordships to Vattel, Book I. Cap. 16, where he treats of the breach of

such agreements, by the protector refusing to give protection, or the

protected refusing to perform his part of the engagement. My design in

referring you to this author is to prove that Cheyt Sing, so far from

being blamable in raising objections to the unauthorized demand made

upon him by Mr. Hastings, was absolutely bound to do so; nor could he

have done otherwise, without hazarding the whole benefit of the

agreement upon which his subjection and protection were founded. The law

is the same with respect to both contracting parties: if the protected

or protector does not fulfil with fidelity _each his separate

stipulation_, the protected may resist the unauthorized demand of the

protector, or the protector is discharged from his engagement; he may

refuse protection, and declare the treaty broken.

We contend in favor of Cheyt Sing, in support of the principles of

natural equity, and of the Law of Nations, which is the birthright of us

all,--we contend, I say, that Cheyt Sing would have established, in the

opinions of the best writers on the Law of Nations, a precedent against

himself for any future violation of the engagement, if he submitted to

any new demand, without what our laws call a continual claim or

perpetual remonstrance against the imposition. Instead, therefore, of

doing that which was criminal, he did that which his safety and his duty

bound him to do; and for doing this he was considered by Mr. Hastings as

being guilty of a great crime. In a paper which was published by the

prisoner in justification of this act, he considers the Rajah to have

been guilty of rebellious intentions; and he represents these acts of

contumacy, as he calls them, not as proofs of contumacy merely, but as

proofs of a settled design to rebel, and to throw off the authority of

that nation by which he was protected. This belief he declares on oath

to be the ground of his conduct towards Cheyt Sing.

Now, my Lords, we do contend, that, if any subject, under any name, or

of any description, be not engaged in public, open rebellion, but

continues to acknowledge the authority of his sovereign, and, if

tributary, to pay tribute conformably to agreement, such a subject, in

case of being suspected of having formed traitorous designs, ought to be

treated in a manner totally different from that which was adopted by Mr.

Hastings. If the Rajah of Benares had formed a secret conspiracy, Mr.

Hastings had a state duty and a judicial duty to perform. He was bound,

as Governor, knowing of such a conspiracy, to provide for the public

safety; and as a judge, he was bound to convene a criminal court, and to

lay before it a detailed accusation of the offence. He was bound to

proceed publicly and legally against the accused, and to convict him of

his crime, previous to his inflicting, or forming any intention of

inflicting, punishment. I say, my Lords, that Mr. Hastings, as a

magistrate, was bound to proceed against the Rajah either by English

law, by Mahometan law, or by the Gentoo law; and that, by all or any of

these laws, he was bound to make the accused acquainted with the crime

alleged, to hear his answer to the charge, and to produce evidence

against him, in an open, clear, and judicial manner. And here, my Lords,

we have again to remark, that the Mahometan law is a great discriminator

of persons, and that it prescribes the mode of proceeding against those

who are accused of any delinquency requiring punishment, with a

reference to the distinction and rank which the accused held in society.

The proceedings are exceedingly sober, regular, and respectful, even to

criminals charged with the highest crimes; and every magistrate is

required to exercise his office in the prescribed manner. In the Hedaya,

after declaring and discussing the propriety of the Kâzi's sitting

openly in the execution of his office, it is added, that there is no

impropriety in the Kâzi sitting in his own house to pass judgment, but

it is requisite that he give orders for a free access to the people. It

then proceeds thus:--"It is requisite that such people sit along with

the Kâzi as were used to sit with him, prior to his appointment to the

office; because, if he were to sit alone in his house, he would thereby

give rise to suspicion."[98]

My Lords, having thus seen what the duty of a judge is in such a case,

let us examine whether Mr. Hastings observed any part of the prescribed

rules. First, with regard to the publicity of the matter. Did he ever

give any notice to the Supreme Council of the charges which he says he

had received against Cheyt Sing? Did he accuse the Rajah in the Council,

even when it was reduced to himself and his poor, worn, down, cowed, and

I am afraid bribed colleague, Mr. Wheler? Did he even then, I ask,

produce any one charge against this man? He sat in Council as a

judge,--as an English judge,--as a Mahometan judge,--as a judge by the

Gentoo law, and by the Law of Nature. He should have summoned the party

to appear in person, or by his attorney, before him, and should have

there informed him of the charge against him. But, my Lords, he did not

act thus. He kept the accusation secret in his own bosom. And why?

Because he did not believe it to be true. This may at least be inferred

from his having never informed the Council of the matter. He never

informed the Rajah of Benares of the suspicions entertained against him,

during the discussions which took place respecting the multiplied

demands that were made upon him. He never told this victim, as he has

had the audacity to tell us and all this kingdom in the paper that is

before your Lordships, that he looked upon these refusals to comply with

his demands to be overt acts of rebellion; nor did he ever call upon him

to answer or to justify himself with regard to that imputed conspiracy

or rebellion. Did he tell Sadanund, the Rajah's agent, when that agent

was giving him a bribe or a present in secret, and was thus endeavoring

to deprecate his wrath, that he accepted that bribe because his master

was in rebellion? Never, my Lords; nor did he, when he first reached

Benares, and had the Rajah in his power, suggest one word concerning

this rebellion. Did he, when he met Mr. Markham at Boglipore, where they

consulted about the destruction of this unhappy man, did he tell Mr.

Markham, or did Mr. Markham insinuate to him, any one thing about this

conspiracy and rebellion? No, not a word there, or in his whole progress

up the country. While at Boglipore, he wrote a letter to Lord Macartney

upon the state of the empire, giving him much and various advice. Did he

insinuate in that letter that he was going up to Benares to suppress a

rebellion of the Rajah Cheyt Sing or to punish him? No, not a word. Did

he, my Lords, at the eve of his departure from Calcutta, when he

communicated his intention of taking 500,000_l._, which he calls a fine

or penalty, from the Rajah, did he inform Mr. Wheler of it? No, not a

word of his rebellion, nor anything like it. Did he inform his secret

confidants, Mr. Anderson and Major Palmer, upon that subject? Not a

word, there was not a word dropped from him of any such rebellion, or of

any intention in the Rajah Cheyt Sing to rebel. Did he, when he had

vakeels in every part of the Mahratta empire and in the country of Sujah

Dowlah, when he had in most of those courts English ambassadors and

native spies, did he either from ambassadors or spies receive anything

like authentic intelligence upon this subject? While he was at Benares,

he had in his hands Benaram Pundit, the vakeel of the Rajah of Berar,

his own confidential friend, a person whom he took out of the service of

his master, and to whom he gave a jaghire in this very zemindary of

Benares. This man, so attached to Mr. Hastings, so knowing in all the

transactions of India, neither accused Cheyt Sing of rebellious

intentions, or furnished Mr. Hastings with one single proof that any

conspiracy with any foreign power existed.

In this absence of evidence, My Lords, let us have recourse to

probability. Is it to be believed that the Zemindar of Benares, a person

whom Mr. Hastings describes as being of a timid, weak, irresolute, and

feeble nature, should venture to make war alone with the whole power of

the Company in India, aided by all the powers which Great Britain could

bring to the protection of its Indian empire? Could that poor man, in

his comparatively small district, possibly have formed such an

intention, without giving Mr. Hastings access to the knowledge of the

fact from one or other of the numerous correspondents which he had in

that country?

As to the Rajah's supposed intrigues with the Nabob of Oude: this man

was an actual prisoner of Mr. Hastings, and nothing else,--a mere

vassal, as he says himself, in effect and substance, though not in name.

Can any one believe or think that Mr. Hastings would not have received

from the English Resident, or from some one of that tribe of English

gentlemen and English military collectors who were placed in that

country in the exercise of the most arbitrary powers, some intelligence

which he could trust, if any rebellious designs had really existed

previous to the rebellion which did actually break out upon his

arresting Cheyt Sing?

There was an ancient Roman lawyer, of great fame in the history of Roman

jurisprudence, whom they called _Cui Bono_, from his having first

introduced into juridical proceedings the argument, _What end or object

could the party have had in the art with which he is accused?_ Surely it

may be here asked, Why should Cheyt Sing wish to rebel, who held on easy

and moderate terms (for such I admit they were) a very considerable

territory, with every attribute of royalty attached? The tribute was

paid for protection, which he had a right to claim, and which he

actually received. What reason under heaven could he have to go and seek

another master, to place himself under the protection of Sujah Dowlah,

in whose hands Mr. Hastings tells you, in so many direct and plain

words, that neither the Rajah's property, his honor, or his life could

be safe? Was he to seek refuge with the Mahrattas, who, though Gentoos

like himself, had reduced every nation which they subdued, except those

who were originally of their own empire, to a severe servitude? Can any

one believe that he wished either for the one or the other of these

charges [changes?], or that he was desirous to quit the happy

independent situation in which he stood under the protection of the

British empire, from any loose, wild, improbable notion of mending his

condition? My Lords, it is impossible. There is not one particle of

evidence, not one word of this charge on record, prior to the

publication of Mr. Hastings's Narrative; and all the presumptive

evidence in the world would scarcely be sufficient to prove the fact,

because it is almost impossible that it should be true.

But, my Lords, although Mr. Hastings swore to the truth of this charge,

when he came before the House of Commons, yet in his Narrative he thus

fairly and candidly avowed that he entertained no such opinion at the

time. "Every step," says he, "which I had taken before that fatal

moment, namely, the flight of Cheyt Sing, is an incontrovertible proof

that I had formed no design of seizing upon the Rajah's treasures or of

deposing him. And certainly, at the time when I did form the design of

making the punishment that his former ill conduct deserved subservient

to the exigencies of the state by a large fine, I did not believe him

guilty of that premeditated project for driving the English out of India

with which I afterwards charged him." Thus, then, he declares upon oath

that the Rajah's contumacy was the ground of his suspecting him of

rebellion, and yet, when he comes to make his defence before the House

of Commons, he simply and candidly declares, that, long after these

alleged acts of contumacy had taken place, he did not believe him to be

guilty of any such thing as rebellion, and that the fine imposed upon

him was for another reason and another purpose.

In page 28 of your printed Minutes he thus declares the purpose for

which the fine was imposed:--"I can answer only to this formidable

dilemma, that, so long as I conceived Cheyt Sing's misconduct and

contumacy to have me rather than the Company for its object, at least to

be merely the effect of pernicious advice or misguided folly, without

any formal design of openly resisting our authority or disclaiming our

sovereignty, I looked upon a considerable fine as sufficient both for

his immediate punishment and for binding him to future good behavior."

Here, my Lords, the secret comes out. He declares it was not for a

rebellion or a suspicion of rebellion that he resolved, over and above

all his exorbitant demands, to take from the Rajah 500,000_l._, (a good

stout sum to be taken from a tributary power!)--that it was not for

misconduct of this kind that he took this sum, but for personal ill

behavior towards himself. I must again beg your Lordships to note that

he then considered the Rajah's contumacy as having for its object, not

the Company, but Warren Hastings, and that he afterwards declared

publicly to the House of Commons, and now before your Lordships he

declares finally and conclusively, that he did believe Cheyt Sing to

have had the criminal intention imputed to him.

"So long," says he, "as I conceived Cheyt Sing's misconduct and

contumacy to have _me_" (in Italics, as he ordered it to be printed,)

"rather than the Company, for its object, so long I was satisfied with a

fine: I therefore entertained no serious thoughts of expelling him, or

proceeding otherwise to violence. But when he and his people broke out

into the most atrocious acts of rebellion and murder, when the _jus

fortioris et lex ultima regum_ were appealed to on his part, and without

any sufficient plea afforded him on mine, I from that moment considered

him as the traitor and criminal described in the charge, and no

concessions, no humiliations, could ever after induce me to settle on

him the zemindary of Benares, or any other territory, upon any footing

whatever."

Thus, then, my Lords, he has confessed that the era and the only era of

rebellion was when the tumult broke out upon the act of violence offered

by himself to Cheyt Sing; and upon the ground of that tumult, or

rebellion as he calls it, he says he never would suffer him to enjoy any

territory or any right whatever. We have fixed the period of the

rebellion for which he is supposed to have exacted this fine; this

period of rebellion was after the exaction of the fine itself: so that

the fine was not laid for the rebellion, but the rebellion broke out in

consequence of the fine, and the violent measure accompanying it. We

have established this, and the whole human race cannot shake it. He went

up the country through malice, to revenge his own private wrongs, not

those of the Company. He fixed 500,000_l._ as a mulct for an insult

offered to himself, and then a rebellion broke out in consequence of his

violence. This was the rebellion, and the only rebellion; it was Warren

Hastings's rebellion,--a rebellion which arose from his own dreadful

exaction, from his pride, from his malice and insatiable avarice,--a

rebellion which arose from his abominable tyranny, from his lust of

arbitrary power, and from his determination to follow the examples of

Sujah Dowlah, Asoph ul Dowlah, Cossim Ali Khân, Aliverdy Khân, and all

the gang of rebels who are the objects of his imitation.

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