But, my Lords, the prisoner thinks, that, when, under any pretence, any

sort of means could be furnished of interfering in the government of the

country, he has a right to avail himself of them, to use them at his

pleasure, and to govern by his own arbitrary will. The Vizier, he says,

by this treaty was reduced to a state of vassalage; and he makes this

curious distinction in proof of it. It was, he says, an optional

vassalage: for, if he chose to get rid of our troops, he might do so and

be free; if he had not a mind to do that, and found a benefit in it,

then he was a vassal. But there is nothing less true. Here is a person

who keeps a subsidiary body of your troops, which he is to pay for you;

and in consequence of this Mr. Hastings maintains that he becomes a

vassal. I shall not dispute whether vassalage is optional or by force,

or in what way Mr. Hastings considered this prince as a vassal of the

Company. Let it be as he pleased. I only think it necessary that your

Lordships should truly know the actual state of that country, and the

ground upon which Mr. Hastings stood. Your Lordships will find it a

fairy land, in which there is a perpetual masquerade, where no one thing

appears as it really is,--where the person who seems to have the

authority is a slave, while the person who seems to be the slave has the

authority. In that ambiguous government everything favors fraud,

everything favors peculation, everything favors violence, everything

favors concealment. You will therefore permit me to show to you what

were the principles upon which Mr. Hastings appears, according to the

evidence before you, to have acted,--what the state of the country was,

according to his conceptions of it; and then you will see how he applied

those principles to that state.

"The means by which our government acquired this influence," says Mr.

Hastings, "and its right to exercise it, will require a previous

explanation." He then proceeds,--"With his death [Sujah Dowlah's] a new

political system commenced, and Mr. Bristow was constituted the

instrument of its formation, and the trustee for the management of it.

The Nabob Asoph ul Dowlah was deprived of a large part of his

inheritance,--I mean the province of Benares, attached by a very feeble

and precarious tenure to our dominions; the army fixed to a permanent

station in a remote line of his frontier, with an augmented and

perpetual subsidy; a new army, amphibiously composed of troops in his

service and pay, commanded by English officers of our own nomination,

for the defence of his new conquests; and his own natural troops

annihilated, or alienated by the insufficiency of his revenue for all

his disbursements, and the prior claims of those which our authority or

influence commanded: in a word, he became a vassal of the government;

but he still possessed an ostensible sovereignty. His titular rank of

Vizier of the Empire rendered him a conspicuous object of view to all

the states and chiefs of India; and on the moderation and justice with

which the British government in Bengal exercised its influence over him

many points most essential to its political strength and to the honor of

the British name depended."

Your Lordships see that the system which is supposed to have reduced him

to vassalage did not make, as he contends, a violent exercise of our

power necessary or proper; but possessing, as the Nabob did, that high

nominal dignity, and being in that state of vassalage, as Mr. Hastings

thought proper to term it, though there is no vassalage mentioned in

the treaty,--being, I say, in that situation of honor, credit, and

character, sovereign of a country as large as England, yielding an

immense revenue, and flourishing in trade, certainly our honor depended

upon the use we made of that influence which our power gave us over him;

and we therefore press it upon your Lordships, that the conduct of Mr.

Hastings was such as dishonored this nation.

He proceeds,--"This is not a place, nor have I room in it, to prove,

what I shall here content myself with affirming, that, by a sacred and

undeviating observance of every principle of public faith, the British

dominion might have by this time acquired the means of its extension,

through a virtual submission to its authority, to every region of

Hindostan and Deccan. I am not sure that I should advise such a design,

were it practicable, which at this time it certainly is not; and I very

much fear that the limited formation of such equal alliances as might be

useful to our present condition, and conduce to its improvement, is

become liable to almost insurmountable difficulties: every power in

India must wish for the support of ours, but they all dread the

connection. The subjection of Bengal, and the deprivation of the family

of Jaffier Ali Khân, though an effect of inevitable necessity, the

present usurpations of the rights of the Nabob Wallau Jau in the

Carnatic, and the licentious violations of the treaty existing between

the Company and the Nabob Nizam ul Dowlah, though checked by the

remedial interposition of this government, stand as terrible precedents

against us; the effects of our connection with the Nabob Asoph ul Dowlah

had a rapid tendency to the same consequences, and it has been my

invariable study to prevent it."

Your Lordships will remember that the counsel at the bar have said that

they undertook the defence of Warren Hastings, not in order to defend

him, but to rescue the British character from the imputations which have

been laid upon it by the Commons of Great Britain. They have said that

the Commons of Great Britain have slandered their country, and have

misrepresented its character; while, on the contrary, the servants of

the Company have sustained and maintained the dignity of the English

character, have kept its public faith inviolate, preserved the people

from oppression, reconciled every government to it in India, and have

made every person under it prosperous and happy.

My Lords, you see what this man says himself, when endeavoring to prove

his own innocence. Instead of proving it by the facts alleged by his

counsel, he declares that by preserving good faith you might have

conquered India, the most glorious conquest that was ever made in the

world; that all the people want our assistance, but dread our

connection. Why? Because our whole conduct has been one perpetual tissue

of perfidy and breach of faith with every person who has been in

alliance with us, in any mode whatever. Here is the man himself who says

it. Can we bear that this man should now stand up in this place as the

assertor of the honor of the British nation against us, who charge this

dishonor to have fallen upon us by him, through him, and during his

government?

But all the mischief, he goes on to assert, was in the previous system,

in the formation of which he had no share,--the system of 1775, when

the first treaty with the Nabob was made. "That system," says he, "is

not mine; it was made by General Clavering, Colonel Monson, and Mr.

Francis." So it was, my Lords. It did them very great honor, and I

believe it ever will do them honor, in the eyes of the British nation,

that they took an opportunity, without the violation of faith, without

the breach of any one treaty, and without injury to any person, to do

great and eminent services to the Company. But Mr. Hastings disclaims

it, unnecessarily disclaims it, for no one charges him with it. What we

charge him with is the abuse of that system. To one of these abuses I

will now call your Lordships' attention. Finding, soon after his

appointment to the office of Governor-General, that the Nabob was likely

to get into debt, he turns him into a vassal, and resolves to treat him

as such. You will observe that this is not the only instance in which,

upon a failure of payment, the defaulter becomes directly a vassal. You

remember how Durbege Sing, the moment he fell into an arrear of tribute,

became a vassal, and was thrown into prison, without any inquiry into

the causes which occasioned that arrear. With respect to the Nabob of

Oude, we assert, and can prove, that his revenue was 3,600,000_l._ at

the day of his father's death; and if the revenue fell off afterwards,

there was abundant reason to believe that he possessed in abundance the

means of paying the Company every farthing.

Before I quit this subject, your Lordships will again permit me to

reprobate the malicious insinuations by which Mr. Hastings has thought

proper to slander the virtuous persons who are the authors of that

system which he complains of. They are men whose characters this country

will ever respect, honor, and revere, both the living and the dead,--the

dead for the living, and the living for the dead. They will altogether

be revered for a conduct honorable and glorious to Great Britain, whilst

their names stand as they now do, unspotted by the least imputation of

oppression, breach of faith, perjury, bribery, or any other fraud

whatever. I know there was a faction formed against them upon that very

account. Be corrupt, you have friends; stem the torrent of corruption,

you open a thousand venal mouths against you. Men resolved to do their

duty must be content to suffer such opprobrium, and I am content; in the

name of the living and of the dead, and in the name of the Commons, I

glory in our having appointed some good servants at least to India.

But to proceed. "This system was not," says he, "of my making." You

would, then, naturally imagine that the persons who made this abominable

system had also made some tyrannous use of it. Let us see what use they

made of it during the time of their majority in the Council. There was

an arrear of subsidy due from the Nabob. How it came into arrear we

shall consider hereafter. The Nabob proposed to pay it by taxing the

jaghires of his family, and taking some money from the Begum. This was

consented to by Mr. Bristow, at that time Resident for the Company in

Oude; and to this arrangement Asoph ul Dowlah and his advisers lent a

willing ear. What did Mr. Hastings then say of this transaction? He

called it a violent assumption of power on the part of the Council. He

did not, you see, then allow that a bad system justified any persons

whatever in an abuse of it. He contended that it was a violent attack

upon the rights and property of the parties from whom the money was to

be taken, that it had no ground or foundation in justice whatever, and

that it was contrary to every principle of right and equity.

Your Lordships will please to bear in mind, that afterwards, by his own

consent, and the consent of the rest of the Council, this business was

compromised between the son, the mother, and their relations. A very

great sum of money, which was most useful to the Company at that period,

was raised by a family compact and arrangement among themselves. This

proceeding was sanctioned by the Company, Mr. Hastings himself

consenting; and a pledge was given to the Begums and family of the

Nabob, that this should be the last demand made upon them,--that it

should be considered, not as taken compulsively, but as a friendly and

amicable donation. They never admitted, nor did the Nabob ever contend,

that he had any right at all to take this money from them. At that time

it was not Mr. Hastings's opinion that the badness of the system would

justify any violence as a consequence of it; and when the advancement of

the money was agreed to between the parties, as a family and amicable

compact, he was as ready as anybody to propose and sanction a regular

treaty between the parties, that all claims on one side and all kind of

uneasiness on the other should cease forever, under the guardianship of

British faith.

Mr. Hastings, as your Lordships remember, has conceded that British

faith is the support of the British empire; that, if that empire is to

be maintained, it is to be maintained by good faith; that, if it is to

be propagated, it is to be propagated by public faith; and that, if the

British empire falls, it will be through perfidy and violence. These are

the principles which he assumes, when he chooses to reproach others. But

when he has to defend his own perfidy and breaches of faith, then, as

your Lordships will find set forth in his defence before the House of

Commons on the Benares charge, he denies, or at least questions, the

validity of any treaty that can at present be made with India. He

declares that he considers all treaties as being weakened by a

considerable degree of doubt respecting their validity and their binding

force, in such a state of things as exists in India.

Whatever was done, during that period of time to which I have alluded,

by the majority of the Council, Mr. Hastings considered himself as

having nothing to do with, on the plea of his being a dissentient

member: a principle which, like other principles, I shall take some

notice of by-and-by. Colonel Monson and General Clavering died soon

after, and Mr. Hastings obtained a majority in the Council, and was

then, as he calls it, restored to his authority; so that any evil that

could be done by evil men under that evil system could have lasted but

for a very short time indeed. From that moment, Mr. Hastings, in my

opinion, became responsible for every act done in Council, while he was

there, which he did not resist, and for every engagement which he did

not oppose. For your Lordships will not bear that miserable jargon which

you have heard, shameful to office and to official authority, that a

man, when, he happens not to find himself in a majority upon any

measure, may think himself excusable for the total neglect of his duty;

that in such a situation he is not bound to propose anything that it

might be proper to propose, or to resist anything that it might be

proper to resist. What would be the inference from such an assumption?

That he can never act in a commission; that, unless a man has the

supreme power, he is not responsible for anything he does or neglects to

do. This is another principle which your Lordships will see constantly

asserted and constantly referred to by Mr. Hastings. Now I do contend,

that, notwithstanding his having been in a minority, if there was

anything to be done that could prevent oppressive consequences, he was

bound to do that thing; and that he was bound to propose every possible

remedial measure. This proud, rebellious proposition against the law,

that any one individual in the Council may say that he is responsible

for nothing, because he is not the whole Council, calls for your

Lordships' strongest reprobation.

I must now beg leave to observe to you, that the treaty was made (and I

wish your Lordships to advert to dates) in the year 1775; Mr. Hastings

acquired the majority in something more than a year afterwards; and

therefore, supposing the acts of the former majority to have been ever

so iniquitous, their power lasted but a short time. From the year 1776

to 1784 Mr. Hastings had the whole government of Oude in himself, by

having the majority in the Council. My Lords, it is no offence that a

Governor-General, or anybody else, has the majority in the Council. To

have the government in himself is no offence. Neither was it any

offence, if you please, that the Nabob was virtually a vassal to the

Company, as he contends he was. For the question is not, what a

Governor-General _may_ do, but what Warren Hastings did do. He who has a

majority in Council, and records his own acts there, may justify these

acts as legal: I mean the mode is legal. But as he executes whatever he

proposes as Governor-General, he is solely responsible for the _nature_

of the acts themselves.

I shall now show your Lordships that Mr. Hastings, finding, as he

states, the Nabob to be made by the treaty in 1775 eventually a vassal

to the Company, has thought proper to make him a vassal to himself, for

his own private purposes. Your Lordships will see what corrupt and

iniquitous purposes they were. In the first place, in order to

annihilate in effect the Council, and to take wholly from them their

control in the affairs of Oude, he suppressed (your Lordships will find

the fact proved in your minutes) the Persian correspondence, which was

the whole correspondence of Oude. This whole correspondence was secreted

by him, and kept from the Council. It was never communicated to the

Persian translator of the Company, Mr. Colebrooke, who had a salary for

executing that office. It was secreted, and kept in the private cabinet

of Mr. Hastings; from the period of 1781 to 1785 no part of it was

communicated to the Council. There is nothing, as your Lordships have

often found in this trial, that speaks for the man like himself; there

is nothing will speak for his conduct like the records of the Company.

"_Fort William, 19th February, 1785._

"At a Council: present, the Honorable John Macpherson, Esquire,

Governor-General, President, and John Stables, Esquire.

* * * * *

"The Persian Translator, attending in obedience to the Board's

orders, reports, that, since the end of the year 1781, there have

been no books of correspondence kept in his office, because, from

that time until the late Governor-General's departure, he was

employed but once by the Governor-General to manage the

correspondence, during a short visit which Major Davy, the military

Persian interpreter, paid by the Governor's order to Lucknow; that,

during that whole period of three years, he remained entirely

ignorant of the correspondence, as he was applied to on no occasion,

except for a few papers sometimes sent to him by the secretaries,

which he always returned to them as soon as translated.

"The Persian Translator has received from Mr. Scott, since the late

Governor-General's departure, a trunk containing English draughts

and translations and the Persian originals of letters and papers,

with three books in the Persian language containing copies of

letters written between August, 1782, and January, 1785; and if the

Board should please to order the secretaries of the general

department to furnish him with copies of all translations and

draughts recorded in their Consultations between the 1st of January,

1782, and the 31st of January, 1785, he thinks that he should be

able, with what he has found in Captain Scott's trunk, to make up

the correspondence for that period.

(Signed) "EDWARD COLEBROOKE,

"_Persian Translator._"

Hear, then, my Lords, what becomes of the records of the Company, which

were to be the vouchers for every public act,--which were to show

whether, in the Company's transactions, agreements, and treaties with

the native powers, the public faith was kept or not. You see them all

crammed into Mr. Scott's trunk: a trunk into which they put what they

please, take out what they please, suppress what they please, or thrust

in whatever will answer their purpose. The records of the

Governor-General and Council of Bengal are kept in Captain Jonathan

Scott's trunk; this trunk is to be considered as the real and true

channel of intelligence between the Company and the country powers. But

even this channel was not open to any member of the Council, except Mr.

Hastings; and when the Council, for the first time, daring to think for

themselves, call upon the Persian Translator, he knows nothing about it.

We find that it is given into the hands of a person nominated by Mr.

Hastings,--Major Davy. What do the Company know of him? Why, he was Mr.

Hastings's private secretary. In this manner the Council have been

annihilated during all these transactions, and have no other knowledge

of them than just what Mr. Hastings and his trunk-keeper thought proper

to give them. All, then, that we know of these transactions is from the

miserable, imperfect, garbled correspondence.

But even if these papers contained a full and faithful account of the

correspondence, what we charge is its not being delivered to the Council

as it occurred from time to time. Mr. Hastings kept the whole government

of Oude in his own hands; so that the Council had no power of judging

his acts, of checking, controlling, advising, or remonstrating. It was

totally annihilated by him; and we charge, as an act of treason and

rebellion against the act of Parliament by which he held his office, his

depriving the Council of their legitimate authority, by shutting them

out from the knowledge of all affairs,--except, indeed, when he thought

it expedient, for his own justification, to have their nominal

concurrence or subsequent acquiescence in any of his more violent

measures.

Your Lordships see Mr. Hastings's system, a system of concealment, a

system of turning the vassals of the Company into his own vassals, to

make them contributory, not to the Company, but to himself. He has

avowed this system in Benares; he has avowed it in Oude. It was his

constant practice. Your Lordships see in Oude he kept a correspondence

with Mr. Markham for years, and did alone all the material acts which

ought to have been done in Council. He delegated a power to Mr. Markham

which he had not to delegate; and you will see he has done the same in

every part of India.

We first charge him not only with acting without authority, but with a

strong presumption, founded on his concealment, of intending to act

mischievously. We next charge his concealing and withdrawing

correspondence, as being directly contrary to the orders of the Court of

Directors, the practice of his office, and the very nature and existence

of the Council in which he was appointed to preside. We charge this as a

substantive crime, and as the forerunner of the oppression, desolation,

and ruin of that miserable country.

Mr. Hastings having thus rendered the Council blind and ignorant, and

consequently fit for subserviency, what does he next do? I am speaking,

not with regard to the time of his particular acts, but with regard to

the general spirit of the proceedings. He next flies in the face of the

Company upon the same principle on which he removed Mr. Fowke from

Benares. "I removed _him_ on political grounds," says he, "against the

orders of the Court of Directors, because I thought it necessary that

the Resident should be a man of my own nomination and confidence." At

Oude he proceeds on the same principle. Mr. Bristow had been nominated

to the office of Resident by the Court of Directors. Mr. Hastings, by an

act of Parliament, was ordered to obey the Court of Directors. He

positively refuses to receive Mr. Bristow, for no other reason that we

know of but because he was nominated by the Court of Directors; he

defies the Court, and declares in effect that they shall not govern that

province, but that he will govern it by a Resident of his own.

Your Lordships will mark his progress in the establishment of that new

system, which, he says, he had been obliged to adopt by the evil system

of his predecessors. First, he annihilates the Council, formed by an act

of Parliament, and by order of the Court of Directors. In the second

place, he defies the order of the Court, who had the undoubted

nomination of all their own servants, and who ordered him, under the

severest injunction, to appoint Mr. Bristow to the office of Resident in

Oude. He for some time refused to nominate Mr. Bristow to that office;

and even when he was forced, against his will, to permit him for a while

to be there, he sent Mr. Middleton and Mr. Johnson, who annihilated Mr.

Bristow's authority so completely that no one public act passed through

his hands.

After he had ended this conflict with the Directors, and had entirely

shook off their authority, he resolved that the native powers should

know that they were not to look to the Court of Directors, but to look

to his arbitrary will in all things; and therefore, to the astonishment

of the world, and as if it were designedly to expose the nakedness of

the Parliament of Great Britain, to expose the nakedness of the laws of

Great Britain, and the nakedness of the authority of the Court of

Directors to the country powers, he wrote a letter, which your Lordships

will find in page 795 of the printed Minutes. In this letter the secret

of his government is discovered to the country powers. They are given to

understand, that, whatever exaction, whatever oppression or ruin they

may suffer, they are to look nowhere for relief but to him: not to the

Council, not to the Court of Directors, not to the sovereign authority

of Great Britain, but to him, and him only.

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