I believe your Lordships will conceive better of the spirit of these

transactions by my intermixing with them, as I shall endeavor to do, as

much as possible of the grounds of them. I will venture to say, that no

description that I can give, no painting, if I was either able or

willing to paint, could make these transactions appear to your Lordships

with the strength which they have in themselves; and your Lordships

will be convinced of this, when you see, what nobody could hardly

believe, that a man can say, "It was given to others without right,

title, or purchase,--give it to me without right, title, or purchase;

give me the estates of minors without right, title, or purchase, because

Mr. Hastings gave the estates of widows without right, title, or

purchase."

Of this exemplary grant, of this pattern for future proceedings, I will

show your Lordships the consequence. I will read to your Lordships part

of the examination of a witness, taken from a report of a committee of

the House of Commons.

"Are you acquainted with the situation of the zemindary of

Baharbund?--It lies to the eastward of Dinagepore and Rungpore. I was

stationed in that neighborhood.--To whom did it originally belong?--I

believe, to the zemindary of Radshi, belonging to Ranny Bhowanny.--For

what reason was it taken from the Ranny of Radshi and given to Cantoo

Baboo?--I do not exactly recollect: I believe, on some plea of

incapacity or insufficiency in her to manage it, or some pretended

decline in the revenue, owing to mismanagement.--On what terms was it

granted to Cantoo Baboo or his son?--I believe it was a grant in

perpetuity, at the revenue of Rupees 82,000 or 83,000 per annum.--What

amount did he collect from the country?--I cannot tell. The year I was

in that neighborhood, the settlement with his under-tenants was

something above 3,53,000 rupees. The inhabitants of the country objected

to it. They assembled in a body of about five thousand, and were

proceeding to Calcutta to make known their grievances to the Committee

of Revenue. They were stopped at Cossimbazar by Noor Sing Baboo, the

brother of Cantoo Baboo, and there the matter was compromised,--in what

manner I cannot say."

Your Lordships see, Mr. Hastings's banian got this zemindary belonging

to this venerable lady; unable to protect herself; that it was granted

to him without right, title, or purchase. To show you that Mr. Hastings

had been in a constant course of such proceeding, here is a petition

from a person called ---- for some favor from government which it is not

necessary now to state. In order to make good his claim, he states what

nobody denied, but which is universally known in fact. Says he, "I have

never entertained any such intention or idea," that is, of seizing upon

other people's zemindaries; "neither am I at all desirous of acquiring

any other person's zemindary in this country," &c....

[_The document read here is wanting, ending_] "as several Calcutta

banians have done," &c.

He states it as a kind of constant practice, by which the country had

been robbed under Mr. Hastings, known and acknowledged to be so, to

seize upon the inheritance of the widow and the fatherless. In this

manner did Gunga Govind Sing govern himself, upon the direct precedent

of Cantoo Baboo, the banian of Mr. Hastings; and this other instrument

of his in like manner calls upon government for favor of some kind or

other, upon the same principle and the same precedent.

Your Lordships now see how necessary it was to say something about

arbitrary power. For, first, the wicked people of that country (Mr.

Hastings's instruments, I mean) pretend right, title, purchase, grant;

and when their frauds in all these legal means are discovered, then they

fly off, and have recourse to arbitrary power, and say, "It is true I

can make out no right, title, grant, or purchase; the parties are

minors; I am bound to take care of their right: but you have arbitrary

power; you have exercised it upon other occasions; exercise it upon

this; give me the rights of other people." This was the last act, and I

hope will be the last act, of Mr. Hastings's wicked power, done by the

wickedest man in favor of the wickedest man, and by the wickedest means,

which failed upon his own testimony.

To bring your Lordships to the end of this business, which I hope will

lead me very near to the end of what I have to trouble your Lordships

with, I will now state the conduct of the Council, and the resolution

about Gunga Govind Sing. I am to inform your Lordships that there was a

reference made by the Council to the Committee of Revenue, namely, to

Gunga Govind Sing himself,--a reference with regard to the right, title,

mode, and proceeding, and many other circumstances; upon which the

Committee, being such as I have described, very naturally were silent.

Gunga Govind Sing _loquitur solus_,--in the manner you have just heard;

the Committee were the chorus,--they sometimes talk, fill up a vacant

part,--but Gunga Govind Sing was the great actor, the sole one. The

report of this Committee being laid before the Council, Mr. Stables, one

of the board, entered the following minute on the 15th of May, 1785.

"I have perused the several papers upon this subject, and am sorry to

observe that the Committee of Revenue are totally silent on the most

material points therein, and sending the petition to them has only been

so much time thrown away: I mean, on the actual value of the lands in

question, what the amount derived from them has been in the last year,

and what advantages or disadvantages to government by the sale, and

whether, in their opinion, the supposed sale was compulsive or not. But

it is not necessary for the discussion of the question respecting the

regularity or irregularity of the pretended sale of Salbarry to Gunga

Govind Sing, the dewan, to enter into the particular assertions of each

party.

"The representations of the Rajah's agent, confirmed by the petitions of

his principal, positively assert the sale to have been compulsive and

violent; and the dewan as positively denies it, though the fears he

expresses, 'that their common enemies would set aside the act before it

was complete,' show clearly that they were sensible the act was

unjustifiable, if they do not tend to falsify his denial.

"But it is clearly established and admitted by the language and writings

of both parties, that there has been a most unwarrantable collusion in

endeavoring to alienate the rights of government, contrary to the most

positive original laws of the constitution of these provinces, 'that no

zemindar and other landholder, paying revenue to government, shall be

permitted to alienate his lands without the express authority of that

government.'

"The defence set up by Gunga Govind Sing does not go to disavow the

transaction; for, if it did, the deed of sale, &c., produced by himself,

and the petition to the board for its confirmation, would detect him: on

the contrary, he openly admits its existence, and only strives to show

that it was a voluntary one on the part of the Ranny and the servants of

the Rajah. Whether voluntary or not, it was equally criminal in Gunga

Govind Sing, as the public officer of government: because diametrically

opposite to the positive and repeated standing orders of that government

for the rule of his conduct, as dewan, and native guardian of the public

rights intrusted especially to his care; because it was his duty, not

only not to be guilty of a breach of those rules himself, but, as dewan,

and exercising the efficient office of _kanungo_, to prevent, detect,

expose, and apprise his employers of every instance attempted to the

contrary; because it was his duty to prevent the government being

defrauded, and the Rajah, a child of nine years old, robbed of his

hereditary possessions, as he would have been, if this transaction had

not been detected: whereas, on the contrary, the dewan is himself the

principal mover and sole instrument in that fraud and robbery, if I am

rightly informed, to the amount of 42,474 rupees[1] in perpetuity, by

which he alone was to benefit; and because he has even dared to stand

forward in an attempt to obtain our sanction, and thereby make us

parties to (in my opinion) a false deed and fraudulent transaction, as

his own defence now shows the bill of sale and all its collateral papers

to be.

"If offences of this dark tendency and magnitude were not to be punished

in a public manner, the high example here set the natives employed

under the government by their first native officer would very soon

render our authority contemptible, and operate to the destruction of the

public revenues. I will not dwell further on the contradictions in these

papers before us on this subject.

"But I beg leave to point out how tenacious the government have been of

insuring implicit obedience to their rules on this subject in

particular, and in prohibiting conduct like that here exhibited against

their public officer, and how sacredly they have viewed the public

institutes on this subject, which have been violated and trampled on;

and it will suffice to show their public orders on a similar instance

which happened some time ago, and which the dewan, from his official

situation, must have been a party in detecting.

"I desire the board's letter to the Committee on this subject, dated the

31st May, 1782, may be read, and a copy be annexed to this minute.

"I therefore move the board that Gunga Govind Sing may be forthwith

required to surrender the original deeds produced by him as a title to

the grant of Salbarry, in order that they may be returned to the Rajah's

agents, to be made null and void.

"I further move the board, that the dewan, Gunga Govind Sing, together

with his naib, Prawn Kishin Sing, his son, and all his dependants, be

removed from their offices, and that the Roy Royan, Rajah Rajebullub,

whose duty only Gunga Govind Sing virtually is to perform, be reinstated

in the exercise of the duties of his department; and that Gunga Govind

Sing be ordered to deliver up all official papers of the circar to the

Committee of Revenue and the Roy Royan, and that they be ordered

accordingly to take charge of them, and finally settle all accounts."

This motion was overruled, and no final proceeding appears.

My Lords, you have heard the proceedings of the court before which Gunga

Govind Sing thought proper to appeal, in consequence of the power and

protection of Mr. Hastings being understood to exist after he left

India, and authenticated by his last parting deed. Your Lordships will

judge by that last act of Mr. Hastings what the rest of his whole life

was.

My Lords, I do not mean now to go further than just to remind your

Lordships of this, that Mr. Hastings's government was one whole system

of oppression, of robbery of individuals, of destruction of the public,

and of suppression of the whole system of the English government, in

order to vest in the worst of the natives all the powers that could

possibly exist in any government,--in order to defeat the ends which all

governments ought in common to have in view. Thus, my Lords, I show you

at one point of view what you are to expect from him in all the rest. I

have, I think, made out as clear as can be to your Lordships, so far as

it was necessary to go, that his bribery and peculation was not

occasional, but habitual,--that it was not urged upon him at the moment,

but was regular and systematic. I have shown to your Lordships the

operation of such a system on the revenues.

My Lords, Mr. Hastings pleads one constant merit to justify those

acts,--namely, that they produce an increase of the public revenue; and

accordingly he never sells to any of those wicked agents any trusts

whatever in the country, that you do not hear that it will considerably

tend to the increase of the revenue. Your Lordships will see, when he

sold to wicked men the province of Bahar in the same way in which Debi

Sing had this province of Dinagepore, that consequences of a horrid and

atrocious nature, though not to so great an extent, followed from it. I

will just beg leave to state to your Lordships, that the kingdom of

Bahar is annexed to the kingdom of Bengal; that this kingdom was

governed by another Provincial Council; that he turned out that

Provincial Council, and sold that government to two wicked men: one of

no fortune at all, and the other of a very suspicious fortune; one a

total bankrupt, the other justly excommunicated for his wickedness in

his country, and then in prison for misdemeanors in a subordinate

situation of government. Mr. Hastings destroyed the Council that

imprisoned him; and, instead of putting one of the best and most

reputable of the natives to govern it, he takes out of prison this

excommunicated wretch, hated by God and man,--this bankrupt, this man of

evil and desperate character, this mismanager of the public revenue in

an inferior station; and, as he had given Bengal to Gunga Govind Sing,

he gave this province to Rajahs Kelleram and Cullian Sing. It was done

upon this principle, that they would increase and very much better the

revenue. These men seemed to be as strange instruments for improving a

revenue as ever were chosen, I suppose, since the world began. Perhaps

their merit was giving a bribe of 40,000_l._ to Mr. Hastings. How he

disposed of it I don't know. He says, "I disposed of it to the public,

and it was in a case of emergency." You will see in the course of this

business the falsehood of that pretence; for you will see, though the

obligation is given for it as a round sum of money, that the payment

was not accomplished till a year after; that therefore it could not

answer any immediate exigence of the Company. Did it answer in an

increase of the revenue? The very reverse. Those persons who had given

this bribe of 40,000_l._ at the end of that year were found 80,000_l._

in debt to the Company. The Company always loses, when Mr. Hastings

takes a bribe; and when he proposes an increase of the revenue, the

Company loses often double. But I hope and trust your Lordships will

consider this idea of a monstrous rise of rent, given by men of

desperate fortunes and characters, to be one of the grievances instead

of one of the advantages of this system.

It has been necessary to lay these facts before you, (and I have stated

them to your Lordships far short of their reality, partly through my

infirmity, and partly on account of the odiousness of the task of going

through things that disgrace human nature,) that you may be enabled

fully to enter into the dreadful consequences which attend a system of

bribery and corruption in a Governor-General. On a transient view,

bribery is rather a subject of disgust than horror,--the sordid practice

of a venal, mean, and abject mind; and the effect of the crime seems to

end with the act. It looks to be no more than the corrupt transfer of

property from one person to another,--at worst a theft. But it will

appear in a very different light, when you regard the consideration for

which the bribe is given,--namely, that a Governor-General, claiming an

arbitrary power in himself, for that consideration delivers up the

properties, the liberties, and the lives of an whole people to the

arbitrary discretion of any wicked and rapacious person, who will be

sure to make good from their blood the purchase he has paid for his

power over them. It is possible that a man may pay a bribe merely to

redeem himself from some evil. It is bad, however, to live under a power

whose violence has no restraint except in its avarice. But no man ever

paid a bribe for a power to charge and tax others, but with a view to

oppress them. No man ever paid a bribe for the handling of the public

money, but to peculate from it. When once such offices become thus

privately and corruptly venal, the very worst men will be chosen (as Mr.

Hastings has in fact constantly chosen the very worst); because none but

those who do not scruple the use of any means are capable, consistently

with profit, to discharge at once the rigid demands of a severe public

revenue and the private bribes of a rapacious chief magistrate. Not only

the worst men will be thus chosen, but they will be restrained by no

dread whatsoever in the execution of their worst oppressions. Their

protection is sure. The authority that is to restrain, to control, to

punish them is previously engaged; he has his retaining fee for the

support of their crimes. Mr. Hastings never dared, because he could not,

arrest oppression in its course, without drying up the source of his own

corrupt emolument. Mr. Hastings never dared, after the fact, to punish

extortion in others, because he could not, without risking the discovery

of bribery in himself. The same corruption, the same oppression, and the

same impunity will reign through all the subordinate gradations.

A fair revenue may be collected without the aid of wicked, violent, and

unjust instruments. But when once the line of just and legal demand is

transgressed, such instruments are of absolute necessity; and they

comport themselves accordingly. When we know that men must be well paid

(and they ought to be well paid) for the performance of honorable duty,

can we think that men will be found to commit wicked, rapacious, and

oppressive acts with fidelity and disinterestedness for the sole

emolument of dishonest employers? No: they must have their full share of

the prey, and the greater share, as they are the nearer and more

necessary instruments of the general extortion. We must not, therefore,

flatter ourselves, when Mr. Hastings takes 40,000_l._ in bribes for

Dinagepore and its annexed provinces, that from the people nothing more

than 40,000_l._ is extorted. I speak within compass, four times forty

must be levied on the people; and these violent sales, fraudulent

purchases, confiscations, inhuman and unutterable tortures,

imprisonment, irons, whips, fines, general despair, general

insurrection, the massacre of the officers of revenue by the people, the

massacre of the people by the soldiery, and the total waste and

destruction of the finest provinces in India, are things of course,--and

all a necessary consequence involved in the very substance of Mr.

Hastings's bribery.

I therefore charge Mr. Hastings with having destroyed, for private

purposes, the whole system of government by the six Provincial Councils,

which he had no right to destroy.

I charge him with having delegated to others that power which the act of

Parliament had directed him to preserve unalienably in himself.

I charge him with having formed a committee to be mere instruments and

tools, at the enormous expense of 62,000_l._ per annum.

I charge him with having appointed a person their dewan to whom these

Englishmen were to be subservient tools,--whose name, to his own

knowledge, was, by the general voice of India, by the general recorded

voice of the Company, by recorded official transactions, by everything

that can make a man known, abhorred, and detested, stamped with infamy;

and with giving him the whole power which he had thus separated from the

Council-General, and from the Provincial Councils.

I charge him with taking bribes of Gunga Govind Sing.

I charge him with not having done that bribe-service which fidelity even

in iniquity requires at the hands of the worst of men.

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

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

I charge him with having, without right, title, or purchase, taken the

lands of orphans, and given them to wicked persons under him.

I charge him with having removed the natural guardians of a minor Rajah,

and with having given that trust to a stranger, Debi Sing, whose

wickedness was known to himself and all the world, and by whom the

Rajah, his family, and dependants were cruelly oppressed.

I charge him with having committed to the management of Debi Sing three

great provinces; and thereby with having wasted the country, ruined the

landed interest, cruelly harassed the peasants, burnt their houses,

seized their crops, tortured and degraded their persons, and destroyed

the honor of the whole female race of that country.

In the name of the Commons of England, I charge all this villany upon

Warren Hastings, in this last moment of my application to you.

My Lords, what is it that we want here to a great act of national

justice? Do we want a cause, my Lords? You have the cause of oppressed

princes, of undone women of the first rank, of desolated provinces, and

of wasted kingdoms.

Do you want a criminal, my Lords? When was there so much iniquity ever

laid to the charge of any one? No, my Lords, you must not look to punish

any other such delinquent from India. Warren Hastings has not left

substance enough in India to nourish such another delinquent.

My Lords, is it a prosecutor you want? You have before you the Commons

of Great Britain as prosecutors; and I believe, my Lords, that the sun,

in his beneficent progress round the world, does not behold a more

glorious sight than that of men, separated from a remote people by the

material bounds and barriers of Nature, united by the bond of a social

and moral community,--all the Commons of England resenting, as their

own, the indignities and cruelties that are offered to all the people of

India.

Do we want a tribunal? My Lords, no example of antiquity, nothing in the

modern world, nothing in the range of human imagination, can supply us

with a tribunal like this. My Lords, here we see virtually, in the

mind's eye, that sacred majesty of the crown, under whose authority you

sit, and whose power you exercise. We see in that invisible authority,

what we all feel in reality and life, the beneficent powers and

protecting justice of his Majesty. We have here the heir-apparent to the

crown, such as the fond wishes of the people of England wish an

heir-apparent of the crown to be. We have here all the branches of the

royal family, in a situation between majesty and subjection, between the

sovereign and the subject,--offering a pledge in that situation for the

support of the rights of the crown and the liberties of the people, both

which extremities they touch. My Lords, we have a great hereditary

peerage here,--those who have their own honor, the honor of their

ancestors and of their posterity to guard, and who will justify, as they

have always justified, that provision in the Constitution by which

justice is made an hereditary office. My Lords, we have here a new

nobility, who have risen and exalted themselves by various merits,--by

great military services which have extended the fame of this country

from the rising to the setting sun. We have those who, by various civil

merits and various civil talents, have been exalted to a situation which

they well deserve, and in which they will justify the favor of their

sovereign, and the good opinion of their fellow-subjects, and make them

rejoice to see those virtuous characters that were the other day upon a

level with them now exalted above them in rank, but feeling with them in

sympathy what they felt in common with them before. We have persons

exalted from the practice of the law, from the place in which they

administered high, though subordinate, justice, to a seat here, to

enlighten with their knowledge and to strengthen with their votes those

principles which have distinguished the courts in which they have

presided.

My Lords, you have here also the lights of our religion, you have the

bishops of England. My Lords, you have that true image of the primitive

Church, in its ancient form, in its ancient ordinances, purified from

the superstitions and the vices which a long succession of ages will

bring upon the best institutions. You have the representatives of that

religion which says that their God is love, that the very vital spirit

of their institution is charity,--a religion which so much hates

oppression, that, when the God whom we adore appeared in human form, He

did not appear in a form of greatness and majesty, but in sympathy with

the lowest of the people, and thereby made it a firm and ruling

principle that their welfare was the object of all government, since the

Person who was the Master of Nature chose to appear Himself in a

subordinate situation. These are the considerations which influence

them, which animate them, and will animate them, against all

oppression,--knowing that He who is called first among them, and first

among us all, both of the flock that is fed and of those who feed it,

made Himself "the servant of all."

The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) · 第 9 / 31 段