My Lords, these are the securities which we have in all the constituent

parts of the body of this House. We know them, we reckon, we rest upon

them, and commit safely the interests of India and of humanity into your

hands. Therefore it is with confidence, that, ordered by the Commons,

I impeach Warren Hastings, Esquire, of high crimes and misdemeanors.

I impeach him in the name of the Commons of Great Britain in Parliament

assembled, whose Parliamentary trust he has betrayed.

I impeach him in the name of all the Commons of Great Britain, whose

national character he has dishonored.

I impeach him in the name of the people of India, whose laws, rights,

and liberties he has subverted, whose properties he has destroyed, whose

country he has laid waste and desolate.

I impeach him in the name and by virtue of those eternal laws of justice

which he has violated.

I impeach him in the name of human nature itself, which he has cruelly

outraged, injured, and oppressed, in both sexes, in every age, rank,

situation, and condition of life.

FOOTNOTES:

[1] Vakeel states Mofussil Jumma, of Salbarry, for 1,191

S* R* 96,229

Purchase money 53,755

------

Per annum, loss 42,474

SPEECHES

IN

THE IMPEACHMENT

OF

WARREN HASTINGS, ESQUIRE,

LATE GOVERNOR-GENERAL OF BENGAL.

* * * * *

SPEECH ON THE SIXTH ARTICLE OF CHARGE.

April and May, 1789.

NOTE.

After Mr. Burke had concluded the opening speeches, the first

article of the impeachment was brought forward, on the 22d of

February, 1788, by Mr. Fox, and supported by Mr. Grey on the 25th.

After the evidence upon this article had been adduced, it was

summed up and enforced by Mr. Anstruther, on the 11th day of April

following.

The next article with which the Commons proceeded was brought

forward on the 15th of April, 1788, by Mr. Adam, and supported by

Mr. Pelham; and the evidence, in part upon the second article of

charge, was summed up and enforced, on the 3d of June, by Mr.

Sheridan.

On the 21st of April, 1789, Mr. Burke opened the sixth charge,

bribery and corruption, in the following speech, which was

continued on the 25th of April, and on the 6th and 7th May, in the

same session.

SPEECH

ON

THE SIXTH ARTICLE OF CHARGE.

FIRST DAY: TUESDAY, APRIL 21, 1789.

My Lords,--An event which had spread for a considerable time an

universal grief and consternation through this kingdom, and which in its

issue diffused as universal and transcendent a joy, has in the

circumstances both of our depression and of our exaltation produced a

considerable delay, if not a total suspension, of the most important

functions of government.

My Lords, we now resume our office,--and we resume it with new and

redoubled alacrity, and, we trust, under not less propitious omens than

when we left it, in this House, at the end of the preceding session. We

come to this duty with a greater degree of earnestness and zeal, because

we are urged to it by many and very peculiar circumstances. This day we

come from an House where the last steps were taken (and I suppose

something has happened similar in this) to prepare our way to attend

with the utmost solemnity, in another place, a great national

thanksgiving for having restored the sovereign to his Parliament and the

Parliament to its sovereign.

But, my Lords, it is not only in the house of prayer that we offer to

the First Cause the acceptable homage of our rational nature,--my Lords,

in this House, at this bar, in this place, in every place where His

commands are obeyed, His worship is performed. And, my Lords, I must

boldly say, (and I think I shall hardly be contradicted by your

Lordships, or by any persons versed in the law which guides us all,)

that the highest act of religion, and the highest homage which we can

and ought to pay, is an imitation of the Divine perfections, as far as

such a nature can imitate such perfections, and that by this means alone

we can make our homage acceptable to Him.

My Lords, in His temple we shall not forget that His most distinguished

attribute is justice, and that the first link in the chain by which we

are held to the Supreme Judge of All is justice; and that it is in this

solemn temple of representative justice we may best give Him praise,

because we can here best imitate His divine attributes. If ever there

was a cause in which justice and mercy are not only combined and

reconciled, but incorporated, it is in this cause of suffering nations,

which we now bring before your Lordships this second session of

Parliament, unwearied and unfatigued in our persevering pursuit; and we

feel it to be a necessary preliminary, a necessary fact, a necessary

attendant and concomitant of every public thanksgiving, that we should

express our gratitude by our virtues, and not merely with our mouths,

and that, when we are giving thanks for acts of mercy, we should render

ourselves worthy of them by doing acts of mercy ourselves. My Lords,

these considerations, independent of those which were our first movers

in this business, strongly urge us at present to pursue with all zeal

and perseverance the great cause we have now in hand. And we feel this

to be the more necessary, because we cannot but be sensible that light,

unstable, variable, capricious, inconstant, fastidious minds soon tire

in any pursuit that requires strength, steadiness, and perseverance.

Such persons, who we trust are but few, and who certainly do not

resemble your Lordships nor us, begin already to say, How long is this

business to continue? Our answer is, It is to continue till its ends are

obtained.

We know, that, by a mysterious dispensation of Providence, injury is

quick and rapid, and justice slow; and we may say that those who have

not patience and vigor of mind to attend the tardy pace of justice

counteract the order of Providence, and are resolved not to be just at

all. We, therefore, instead of bending the order of Nature to the laxity

of our characters and tempers, must rather confirm ourselves by a manly

fortitude and virtuous perseverance to continue within those forms, and

to wrestle with injustice, until we have shown that those virtues which

sometimes wickedness debauches into its cause, such as vigor, energy,

activity, fortitude of spirit, are called back and brought to their true

and natural service,--and that in the pursuit of wickedness, in the

following it through all the winding recesses and mazes of its

artifices, we shall show as much vigor, as much constancy, as much

diligence, energy, and perseverance, as any others can do in endeavoring

to elude the laws and triumph over the justice of their country. My

Lords, we have thought it the more necessary to say this, because it has

been given out that we might faint in this business. No: we follow, and

trust we shall always follow, that great emblem of antiquity, in which

the person who held out to the end of a long line of labors found the

reward of all the eleven in the twelfth. Our labor, therefore, will be

our reward; and we will go on, we will pursue with vigor and diligence,

in a manner suitable to the Commons of Great Britain, every mode of

corruption, till we have thoroughly eradicated it.

I think it necessary to say a word, too, upon another circumstance, of

which there is some complaint, as if some injustice had arisen from

voluntary delay on our part.

I have already alluded to, first, the melancholy, then the joyful

occasion of this delay; and I shall now make one remark on another part

of the complaint, which I understand was formally made to your Lordships

soon after we had announced our resolution to proceed in this great

cause of suffering nations before you. It has been alleged, that the

length of the pursuit had already very much distressed the person who is

the object of it,--that it leaned upon a fortune unequal to support

it,--and that 30,000_l._ had been already spent in the preliminary

preparations for the defence.

My Lords, I do admit that all true, genuine, and unadulterated justice

considers with a certain degree of tenderness the person whom it is

called to punish, and never oppresses those by the process who ought not

to be oppressed but by the sentence of the court before which they are

brought. The Commons have heard, indeed, with some degree of

astonishment, that 30,000_l._ hath been laid out by Mr. Hastings in this

business. We, who have some experience in the conduct of affairs of this

nature, we, who profess to proceed with regard not to the economy so

much as to the rigor of this prosecution, (and we are justified by our

country in so doing,) upon a collation and comparison of the public

expenses with those which the defendant is supposed to have incurred,

are much surprised to hear it. We suppose that his solicitors can give a

good account to him of those expenses,--that the thing is true,--and

that he has actually, through them, incurred this expense. We have

nothing to do with this: but we shall remove any degree of uneasiness

from your Lordships' minds, and from our own, when we show you in the

charge which we shall bring before you this day, that one bribe only

received by Mr. Hastings, the smallest of his bribes, or nearly the

smallest, the bribe received from Rajah Nobkissin, is alone more than

equal to have paid all the charges Mr. Hastings is stated to have

incurred; and if this be the case, your Lordships will not be made very

uneasy in a case of bribery by finding that you press upon the sources

of peculation.

It has also been said that we weary out the public patience in this

cause. The House of Commons do not call upon your Lordships to do

anything of which they do not set the example. They have very lately sat

in the Colchester Committee as many, within one or two, days

successively as have been spent in this trial interruptedly in the

course of two years. Every cause deserves that it should be tried

according to its nature and circumstances; and in the case of the

Colchester Committee, in the trial of paltry briberies of odd pounds,

shillings, and pence, in the corruption of a returning officer, who is

but a miller, they spent nearly the same number of days that we have

been inquiring into the ruin of kingdoms by the peculation and bribery

of the chief governor of the provinces of Bengal, Bahar, and Orissa.

Therefore God forbid that we should faint at thrice thirty days, if the

proceedings should be drawn into such a length, when for a small crime

as much time has been spent as has yet been spent in this great cause!

Having now cleared the way with regard to the local and temporary

circumstances of this case,--having shown your Lordships that too much

time has not been spent in it,--having no reason to think, from the time

which has hitherto been spent, that time will be unnecessarily spent in

future,--I trust your Lordships will think that time ought neither to be

spared nor squandered in this business: we will therefore proceed,

article by article, as far as the discretion of the House of Commons

shall think fit, for the justice of the case, to limit the inquiry, or

to extend it.

We are now going to bring before your Lordships the sixth article. It is

an article of charge of bribery and corruption against Mr. Hastings; but

yet we must confess that we feel some little difficulty _in limine_. We

here appear in the name and character not only of representatives of the

Commons of Great Britain, but representatives of the inhabitants of

Bengal: and yet we have had lately come into our hands such ample

certificates, such full testimonials, from every person in whose cause

we complain, that we shall appear to be in the strangest situation in

the world,--the situation of persons complaining, who are disavowed by

the persons in whose name and character they complain. This would have

been a very great difficulty in the beginning, especially as it is come

before us in a flood-tide of panegyric. No encomium can be more exalted

or more beautifully expressed. No language can more strongly paint the

perfect satisfaction, the entire acquiescence, of all the nations of

Bengal, and their wonderful admiration of the character of the person

whom we have brought as a criminal to your bar upon their part. I do

admit that it is a very awkward circumstance; but yet, at the same time,

the same candor which has induced the House of Commons to bring before

you the bosom friends and confidants of Mr. Hastings as their evidence

will not suffer them to suppress or withhold for a moment from your

Lordships this universal voice of Bengal, as an attestation in Mr.

Hastings's favor, and we shall produce it as a part of our evidence. Oh,

my Lords, consider the situation of a people who are forced to mix their

praises with their groans, who are forced to sign, with hands which have

been in torture, and with the thumb-screws but just taken from them, an

attestation in favor of the person from whom all their sufferings have

been derived! When we prove to you the things that we shall prove, this

will, I hope, give your Lordships a full, conclusive, and satisfactory

proof of the misery to which these people have been reduced. You will

see before you, what is so well expressed by one of our poets as the

homage of tyrants, "that homage with the mouth which the heart would

fain deny, but dares not." Mr. Hastings has received that homage, and

that homage we mean to present to your Lordships: we mean to present it,

because it will show your Lordships clearly, that, after Mr. Hastings

has ransacked Bengal from one end to the other, and has used all the

power which he derives from having every friend and every dependant of

his in every office from one end of that government to the other, he has

not, in all those panegyrics, those fine high-flown Eastern encomiums,

got one word of refutation or one word of evidence against any charge

whatever which we produce against him. Every one knows, that, in the

course of criminal trials, when no evidence of _alibi_ can be brought,

when all the arts of the Old Bailey are exhausted, the last thing

produced is evidence to character. His cause, therefore, is gone, when,

having ransacked Bengal, he has nothing to say for his conduct, and at

length appeals to his character. In those little papers which are given

us of our proceedings in our criminal courts, it is always an omen of

what is to follow: after the evidence of a murder, a forgery, or

robbery, it ends in his character: "He has an admirable character; I

have known him from a boy; he is wonderfully good; he is the best of

men; I would trust him with untold gold": and immediately follows,

"Guilty,--Death." This is the way in which, in our courts, character is

generally followed by sentence. The practice is not modern. Undoubtedly

Mr. Hastings has the example of criminals of high antiquity; for Caius

Verres, Antonius, and every other man who has been famous for the

pillage and destruction of provinces, never failed to bring before their

judges the attestations of the injured to their character. Voltaire

says, "_Les bons mots sont toujours redits_." A similar occasion has

here produced a similar conduct. He has got just the same character as

Caius Verres got in another cause; and the _laudationes_, which your

Lordships know always followed, to save trouble, we mean ourselves to

give your Lordships; we mean to give them with this strong presumption

of guilt, that in all this panegyric there is not one word of defence to

a single article of charge; they are mere lip-honors: but we think we

derive from those panegyrics, which Mr. Hastings has had sent over as

evidence to supply the total want of it, an indication of the

impossibility of attaining it. Mr. Hastings has brought them here, and I

must say we are under some difficulty about them, and the difficulty is

this. We think we can produce before your Lordships proofs of barbarity

and peculation by Mr. Hastings; we have the proofs of them in specific

provinces, where those proofs may be met by contrary proofs, or may lose

their weight from a variety of circumstances. We thought we had got the

matter sure, that everything was settled, that he could not escape us,

after he had himself confessed the bribes he had taken from the specific

provinces. But in what condition are we now? We have from those specific

provinces the strongest attestations that there is not any credit to be

paid to his own acknowledgments. In short, we have the complaints,

concerning these crimes of Mr. Hastings, of the injured persons

themselves; we have his own confessions; we shall produce both to your

Lordships. But these persons now declare, that not only their own

complaints are totally unfounded, but that Mr. Hastings's confessions

are not true, and not to be credited. These are circumstances which your

Lordships will consider in the view you take of this wonderful body of

attestation.

It is a pleasant thing to see in these addresses the different character

and modes of eloquence of different countries. In those that will be

brought before your Lordships you will see the beauty of chaste European

panegyric improved by degrees into high, Oriental, exaggerated, and

inflated metaphor. You will see how the language is first written in

English, then translated into Persian, and then retranslated into

English. There may be something amusing to your Lordships in this, and

the beauty of these styles may, in this heavy investigation, tend to

give a little gayety and pleasure. We shall bring before you the

European and Asiatic incense. You will have the perfume-shops of the two

countries.

One of the accusations which we mean to bring against Mr. Hastings is

upon the part of the Zemindar Radanaut, of the country of Dinagepore.

Now hear what the Zemindar says himself. "As it has been learned by me,

the mutsuddies, and the respectable officers of my zemindary, that the

ministers of England are displeased with the late Governor, Warren

Hastings, Esquire, upon the suspicion that he oppressed us, took money

from us by deceit and force, and ruined the country, therefore we, upon

the strength of our religion, which we think it incumbent on and

necessary for us to abide by, following the rules laid down in giving

evidence, declare the particulars of the acts and deeds of Warren

Hastings, Esquire, full of circumspection and caution, civility and

justice, superior to the conduct of the most learned, and, by

representing what is fact, wipe away the doubts that have possessed the

minds of the ministers of England; that Mr. Hastings is possessed of

fidelity and confidence, and yielding protection to us; that he is clear

of the contamination of mistrust and wrong, and his mind is free of

covetousness or avarice. During the time of his administration no one

saw other conduct than that of protection to the husbandman, and

justice. No inhabitant ever experienced afflictions, no one ever felt

oppression from him; our reputations have always been guarded from

attacks by his prudence, and our families have always been protected by

his justice. He never omitted the smallest instance of kindness towards

us, but healed the wounds of despair with the salve of consolation by

means of his benevolent and kind behavior, never permitting one of us to

sink in the pit of despondence. He supported every one by his goodness,

overset the designs of evil-minded men by his authority, tied the hand

of oppression with the strong bandage of justice, and by these means

expanded the pleasing appearance of happiness and joy over us. He

reëstablished justice and impartiality. We were during his government in

the enjoyment of perfect happiness and ease, and many of us are thankful

and satisfied. As Mr. Hastings was well acquainted with our manners and

customs, he was always desirous, in every respect, of doing whatever

would preserve our religious rites, and guard them against every kind of

accident and injury, and at all times protected us. Whatever we have

experienced from him, and whatever happened from him, we have written

without deceit or exaggeration."

My Lords, here is a panegyric; and, directly contrary to the usual mode

of other accusers, we begin by producing the panegyrics made upon the

person whom we accuse. We shall produce along with the charge, and give

as evidence, the panegyric and certificate of the persons whom we

suppose to have suffered these wrongs. We suffer ourselves even to

abandon, what might be our last resource, his own confession, by showing

that one of the princes from whom he confesses that he took bribes has

given a certificate of the direct contrary.

All these things will have their weight upon your Lordships' minds; and

when we have put ourselves under this disadvantage, (what disadvantage

it is your Lordships will judge,) at least we shall stand acquitted of

unfairness in charging him with crimes directly contrary to the

panegyrics in this paper contained. Indeed, I will say this for him,

that general charge and loose accusation may be answered by loose and

general panegyric, and that, if ours were of that nature, this panegyric

would be sufficient to overset our accusation. But we come before your

Lordships in a different manner and upon different grounds. I am ordered

by the Commons of Great Britain to support the charge that they have

made, and persevere in making, against Warren Hastings, Esquire, late

Governor-General of Bengal, and now a culprit at your bar: First, for

having taken corruptly several bribes, and extorted by force, or under

the power and color of his office, several sums of money from the

unhappy natives of Bengal. The next article which we shall bring before

you is, that he is not only personally corrupted, but that he has

personally corrupted all the other servants of the Company,--those under

him, whose corruptions he ought to have controlled, and those above him,

whose business it was to control his corruptions.

We purpose to make good to your Lordships the first of these, by

submitting to you, that part of those sums which are specified in the

charge were taken by him with his own hand and in his own person, but

that much the greater part have been taken from the natives by the

instrumentality of his black agents, banians, and other

dependants,--whose confidential connection with him, and whose agency on

his part in corrupt transactions, if his counsel should be bold enough

to challenge us to the proof, we shall fully prove before you. The next

part, and the second branch of his corruption, namely, what is commonly

called his active corruption, distinguishing the personal under the name

of passive, will appear from his having given, under color of contracts,

a number of corrupt and lucrative advantages from a number of

unauthorized and unreasonable grants, pensions, and allowances, by which

he corrupted actively the whole service of the Company. And, lastly, we

shall show, that, by establishing a universal connivance from one end of

the service to the other, he has not only corrupted and contaminated it

in all its parts, but bound it in a common league of iniquity to support

mutually each other against the inquiry that should detect and the

justice that should punish their offences. These two charges, namely, of

his active and passive corruption, we shall bring one after the other,

as strongly and clearly illustrating and as powerfully confirming each

other.

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