This is all that I think necessary to state to your Lordships upon this

monstrous part of the arrangement; and therefore, from his rigorous

obedience in cases of cruelty, and, where control was directed, from his

total disobedience, and from his choice of persons, from his suppression

of the accounts that ought to have been produced, and falsifying the

accounts that were kept, there arises a strong inference of corruption.

When your Lordships see all this in proof, your Lordships will justify

me in saying that there never was (taking every part of the arrangement)

such a direct, open violation of any trust.--I shall say no more with

regard to the appointment of Munny Begum.

My Lords, here ended the first scene, and here ends that body of

presumption arising from the transaction and inherent in it. My Lords,

the next scene that I am to bring before you is the positive proof of

corruption in this transaction, in which I am sure you already see that

corruption must exist. The charge was brought by a person in the highest

trust and confidence with Mr. Hastings, a person employed in the

management of the whole transaction, a person to whom the management,

subordinate to Munny Begum, of all the pecuniary transactions, and all

the arrangements made upon that occasion, was intrusted.

On the 11th day of March, 1775, Nundcomar gives to Mr. Francis, a member

of the Council, a charge against Mr. Hastings, consisting of two parts.

The first of these charges was a vast number of corrupt dealings, with

respect to which he was the informer, not the witness, but to which he

indicated the modes of inquiry; and they are corrupt dealings, as Mr.

Hastings himself states them, amounting to millions of rupees, and in

transactions every one of which implies in it the strongest degree of

corruption. The next part was of those to which he was not only an

informer, but a witness, in having been the person who himself

transmitted the money to Mr. Hastings and the agents of Mr. Hastings;

and accordingly, upon this part, which is the only part we charge, his

evidence is clear and full, that he gave the money to Mr. Hastings,--he

and the Begum (for I put them together). He states, that Mr. Hastings

received for the appointment of Munny Begum to the rajahship two lacs of

rupees, or about 22,000_l._, and that he received in another gross sum

one lac and a half of rupees: in all making three lac and a half, or

about 36,000_l._ This charge was signed by the man, and accompanied with

the account.

Mr. Hastings, on that day, made no reflection or observation whatever

upon this charge, except that he attempted to excite some suspicion that

Mr. Francis, who had produced it, was concerned in the charge, and was

the principal mover in it. He asks Mr. Francis that day this question:--

"The Governor-General observes, as Mr. Francis has been pleased to

inform the board that he was unacquainted with the contents of the

letter sent in to the board by Nundcomar, that he thinks himself

justified in carrying his curiosity further than he should have

permitted himself without such a previous intimation, and therefore begs

leave to ask Mr. Francis whether he was before this acquainted with

Nundcomar's intention of bringing such charges against him before the

board.

"_Mr. Francis._--As a member of this Council, I do not deem myself

obliged to answer any question of mere curiosity. I am willing, however,

to inform the Governor-General, that, though I was totally unacquainted

with the contents of the paper I have now delivered in to the board till

I heard it read, I did apprehend in general that it contained some

charge against him. It was this apprehension that made me so

particularly cautious in the manner of receiving the Rajah's letter. I

was not acquainted with Rajah Nundcomar's intention of bringing in such

charges as are mentioned in the letter.

"Warren Hastings.

J. Clavering.

Geo. Monson.

P. Francis."

Now what the duty of Mr. Hastings and the Council was, upon receiving

such information, I shall beg leave to state to your Lordships from the

Company's orders; but, before I read them, I must observe, that, in

pursuance of an act of Parliament, which was supposed to be made upon

account of the neglect of the Company, as well as the neglects of their

servants, and for which general neglects responsibility was fixed upon

the Company for the future, while for the present their authority was

suspended, and a Parliamentary commission sent out to regulate their

affairs, the Company did, upon that occasion, send out a general code

and body of instructions to be observed by their servants, in the 35th

paragraph of which it is said,--

"We direct that you immediately cause the strictest inquiry to be made

into all oppressions which may have been committed either against the

natives or Europeans, and into all abuses that may have prevailed in the

collection of the revenues, or any part of the civil government of the

Presidency: and that you communicate to us all information which you may

be able to learn relative thereto, or to any dissipation or embezzlement

of the Company's money."

Your Lordships see here that there is a direct duty fixed upon them to

forward, to promote, to set on foot, without exception of any persons

whatever, an inquiry into all manner of corruption, peculation, and

oppression. Therefore this charge of Nundcomar's was a case exactly

within the Company's orders; such a charge was not sought out, but was

actually laid before them; but if it had not been actually laid before

them, if they had any reason to suspect that such corruptions existed,

they were bound by this order to make an active inquiry into them.

Upon that day (11th March, 1775) nothing further passed; and, on the

part of Mr. Hastings, that charge, as far as we can find, might have

stood upon the records forever, without his making the smallest

observation upon it, or taking any one step to clear his own character.

But Nundcomar was not so inattentive to his duties as an accuser as Mr.

Hastings was to his duties as an inquirer; for, without a moment's

delay, upon the first board-day, two days after, Nundcomar came and

delivered the following letter.

"I had the honor to lay before you, in a letter of the 11th instant, an

abstracted, but true account of the Honorable Governor in the course of

his administration. What is there written I mean not the least to alter:

far from it. I have the strongest written vouchers to produce in support

of what I have advanced; and I wish and entreat, for my honor's sake,

that you will suffer me to appear before you, to establish the fact by

an additional, incontestable evidence."

My Lords, I will venture to say, if ever there was an accuser that

appeared well and with weight before any court, it was this man. He does

not shrink from his charge; he offered to meet the person he charged

face to face, and to make good his charge by his own evidence, and

further evidence that he should produce. Your Lordships have also seen

the conduct of Mr. Hastings on the first day; you have seen his

acquiescence under it; you have seen the suspicion he endeavored to

raise. Now, before I proceed to what Mr. Hastings thought of it, I must

remark upon this accusation, that it is a specific accusation, coming

from a person knowing the very transaction, and known to be concerned in

it,--that it was an accusation in writing, that it was an accusation

with a signature, that it was an accusation with a person to make it

good, that it was made before a competent authority, and made before an

authority bound to inquire into such accusation. When he comes to

produce his evidence, he tells you, first, the sums of money given, the

species in which they were given, the very bags in which they were put,

the exchange that was made by reducing them to the standard money of the

country; he names all the persons through whose hands the whole

transaction went, eight in number, besides himself, Munny Begum, and

Gourdas, being eleven, all referred to in this transaction. I do believe

that since the beginning of the world there never was an accusation

which was more deserving of inquiry, because there never was an

accusation which put a false accuser in a worse situation, and that put

an honest defendant in a better; for there was every means of collation,

every means of comparison, every means of cross-examining, every means

of control. There was every way of sifting evidence, in which evidence

could be sifted. Eleven witnesses to the transaction are referred to;

all the particulars of the payment, every circumstance that could give

the person accused the advantage of showing the falsehood of the

accusation, were specified. General accusations may be treated as

calumnies; but particular accusations, like these, afford the defendant,

if innocent, every possible means for making his defence: therefore the

very making no defence at all would prove, beyond all doubt, a

consciousness of guilt.

The next thing for your Lordships' consideration is the conduct of Mr.

Hastings upon this occasion. You would imagine that he would have

treated the accusation with a cold and manly disdain; that he would

have challenged and defied inquiry, and desired to see his accuser face

to face. This is what any man would do in such a situation. I can

conceive very well that a man composed, firm, and collected in himself,

conscious of not only integrity, but known integrity, conscious of a

whole life beyond the reach of suspicion,--that a man placed in such a

situation might oppose general character to general accusation, and

stand collected in himself, poised on his own base, and defying all the

calumnies in the world. But as it shows a great and is a proof of a

virtuous mind to despise calumny, it is the proof of a guilty mind to

despise a specific accusation, when made before a competent authority,

and with competent means to prove it. As Mr. Hastings's conduct was what

no man living expected, I will venture to say that no expression can do

it justice but his own. Upon reading the letter, and a motion being made

that Rajah Nundcomar be brought before the board to prove the charge

against the Governor-General, the Governor-General enters the following

minute.

"Before the question is put, I declare that I will not suffer Nundcomar

to appear before the board as my accuser. I know what belongs to the

dignity and character of the first member of this administration. I will

not sit at this board in the character of a criminal, nor do I

acknowledge the members of this board to be my judges. I am reduced on

this occasion to make the declaration, that I look upon General

Clavering, Colonel Monson, and Mr. Francis as my accusers. I cannot

prove this in the direct letter of the law, but in my conscience I

regard them as such, and I will give my reasons for it. On their arrival

at this place, and on the first formation of the Council, they thought

proper to take immediate and decisive measures in contradiction and for

the repeal of those which were formed by me in conjunction with the last

administration. I appealed to the Court of Directors from their acts.

Many subsequent letters have been transmitted both by them and by me to

the Court of Directors: by me, in protestation against their conduct; by

them, in justification of it. Quitting this ground, they since appear to

me to have chosen other modes of attack, apparently calculated to divert

my attention and to withdraw that of the public from the subject of our

first differences, which regarded only the measures that were necessary

for the good of the service, to attacks directly and personally levelled

at me for matters which tend to draw a personal and popular odium upon

me: and fit instruments they have found for their purpose,--Mr. Joseph

Fowke, Mahrajah Nundcomar, Roopnarain Chowdry, and the Ranny of Burdwan.

"It appears incontestably upon the records that the charges preferred by

the Ranny against me proceeded from the office of Mr. Fowke. All the

papers transmitted by her came in their original form written in the

English language,--some with Persian papers, of which they were supposed

to be translations, but all strongly marked with the character and idiom

of the English language. I applied on Saturday last for Persian

originals of some of the papers sent by her, and I was refused: I am

justified in declaring my firm belief that no such originals exist.

"With respect to Nundcomar's accusations, they were delivered by the

hands of Mr. Francis, who has declared that he was called upon by Rajah

Nundcomar, as a duty belonging to his office as a councillor of this

state, to lay the packet which contained them before the board,--that he

conceived that he could not, consistent with his duty, refuse such a

letter at the instance of a person of the Rajah's rank, and did

accordingly receive it, and laid it before the board,--declaring at the

same time that he was unacquainted with the contents of it. I believe

that the Court of Directors, and those to whom those proceedings shall

be made known, will think differently of this action of Mr. Francis:

that Nundcomar was guilty of great insolence and disrespect in the

demand which he made of Mr. Francis; and that it was not a duty

belonging to the office of a councillor of this state to make himself

the carrier of a letter, which would have been much more properly

committed to the hands of a peon or hircarra, or delivered by the writer

of it to the secretary himself.

"Mr. Francis has acknowledged that he apprehended in general that it

contained some charge against me. If the charge was false, it was a

libel. It might have been false for anything that Mr. Francis could know

to the contrary, since he was unacquainted with the contents of it. In

this instance, therefore, he incurred the hazard of presenting a libel

to the board: this was not a duty belonging to his office as a

councillor of this state. I must further inform the board that I have

been long since acquainted with Nundcomar's intentions of making this

attack upon me. Happily, Nundcomar, among whose talents for intrigue

that of secrecy is not the first, has been ever too ready to make the

first publication of his own intentions. I was shown a paper containing

many accusations against me, which I was told was carried by Nundcomar

to Colonel Monson, and that he himself was employed for some hours in

private with Colonel Monson, explaining the nature of those charges.

"I mention only what I was told; but as the rest of the report which was

made to me corresponds exactly with what has happened since, I hope I

shall stand acquitted to my superiors and to the world in having given

so much credit to it as to bring the circumstance upon record. I cannot

recollect the precise time in which this is said to have happened, but I

believe it was either before or at the time of the dispatch of the

'Bute' and 'Pacific.' The charge has since undergone some alteration;

but of the copy of the paper which was delivered to me, containing the

original charge, I caused a translation to be made; when, suspecting the

renewal of the subject in this day's consultation, I brought it with me,

and I desire it may be recorded, that, when our superiors, or the world,

if the world is to be made the judge of my conduct, shall be possessed

of these materials, they may, by comparing the supposed original and

amended list of accusations preferred against me by Nundcomar, judge how

far I am justified in the credit which I give to the reports above

mentioned. I do not mean to infer from what I have said that it makes

any alteration in the nature of the charges, whether they were delivered

immediately from my ostensible accusers, or whether they came to the

board through the channel of patronage; but it is sufficient to

authorize the conviction which I feel in my own mind, that those

gentlemen are parties in the accusations of which they assert the right

of being the judges.

"From the first commencement of this administration, every means have

been tried both to deprive me of the legal authority with which I have

been trusted, and to proclaim the annihilation of it to the world; but

no instance has yet appeared of this in so extraordinary a degree as in

the question now before the board. The chief of the administration, your

superior, Gentlemen, appointed by the legislature itself, shall I sit at

this board to be arraigned in the presence of a wretch whom you all know

to be one of the basest of mankind? I believe I need not mention his

name; but it is Nundcomar. Shall I sit here to hear men collected from

the dregs of the people give evidence, at his dictating, against my

character and conduct? I will not. You may, if you please, form

yourselves into a committee for the investigation of these matters in

any manner which you may think proper; but I will repeat, that I will

not meet Nundcomar at the board, nor suffer Nundcomar to be examined at

the board; nor have you a right to it, nor can it answer any other

purpose than that of vilifying and insulting me to insist upon it.

"I am sorry to have found it necessary to deliver my sentiments on a

subject of so important a nature in an unpremeditated minute, drawn from

me at the board, which I should have wished to have had leisure and

retirement to have enabled me to express myself with that degree of

caution and exactness which the subject requires. I have said nothing

but what I believe and am morally certain I shall stand justified for in

the eyes of my superiors and the eyes of the world; but I reserve to

myself the liberty of adding my further sentiments in such a manner and

form as I shall hereafter judge necessary."

My Lords, you see here the picture of Nundcomar drawn by Mr. Hastings

himself; you see the hurry, the passion, the precipitation, the

confusion, into which Mr. Hastings is thrown by the perplexity of

detected guilt; you see, my Lords, that, instead of defending himself,

he rails at his accuser in the most indecent language, calling him a

wretch whom they all knew to be the basest of mankind,--that he rails at

the Council, by attributing their conduct to the worst of motives,--that

he rails at everybody, and declares the accusation to be a libel: in

short, you see plainly that the man's head is turned. You see there is

not a word he says upon this occasion which has common sense in it; you

see one great leading principle in it,--that he does not once attempt to

deny the charge. He attempts to vilify the witness, he attempts to

vilify those he supposes to be his accusers, he attempts to vilify the

Council; he lags upon the accusation, he mixes it with other

accusations, which had nothing to do with it, and out of the whole he

collects a resolution--to do what? To meet his adversary and defy him?

No,--that he will not suffer him to appear before him: he says, "I will

not sit at this board in the character of a criminal, nor do I

acknowledge the board to be my judges."

He was not called upon to acknowledge them to be his judges. Both he and

they were called upon to inquire into all corruptions without exception.

It was his duty not merely [not?] to traverse and oppose them while

inquiring into acts of corruption, but he was bound to take an active

part in it,--that if they had a mind to let such a thing sleep upon

their records, it was his duty to have brought forward the inquiry. They

were not his judges, they were not his accusers; they were his

fellow-laborers in the inquiry ordered by the Court of Directors, their

masters, and by which inquiry he might be purged of that corruption with

which he stood charged.

He says, "Nundcomar is a wretch whom you all know to be the basest of

mankind." I believe they did not know the man to be a wretch, or the

basest of mankind; but if he was a wretch, and if he was the basest of

mankind, if he was guilty of all the crimes with which we charge Mr.

Hastings, (not one of which was ever proved against him,)--if any of

your Lordships were to have the misfortune to be before this tribunal,

before any inquest of the House of Commons, or any other inquest of this

nation, would you not say that it was the greatest possible advantage to

you that the man who accused you was a miscreant, the vilest and basest

of mankind, by the confession of all the world? Do mankind really, then,

think that to be accused by men of honor, of weight, of character, upon

probable charges, is an advantage to them, and that to be accused by the

basest of mankind is a disadvantage? No: give me, if ever I am to have

accusers, miscreants, as he calls him,--wretches, the basest and vilest

of mankind. "The board," says he, "are my accusers." If they were, it

was their duty; but they were not his accusers, but were inquiring into

matters which it was equally his duty to inquire into. He would not

suffer Nundcomar to be produced; he would not suffer Nundcomar to be

examined; he rather suffered such an accusation to stand against his

name and character than permit it to be inquired into. Do I want any

other presumption of his guilt, upon such an occasion, than such conduct

as this?

This man, whom he calls a wretch, the basest and vilest of mankind, was

undoubtedly, by himself, in the records of the Company, declared to be

one of the first men of that country, everything that a subject could

be, a person illustrious for his birth, sacred with regard to his caste,

opulent in fortune, eminent in situation, who had filled the very first

offices in that country; and that he was, added to all this, a man of

most acknowledged talents, and of such a superiority as made the whole

people of Bengal appear to be an inferior race of beings compared to

him,--a man whose outward appearance and demeanor used to cause

reverence and awe, and who at that time was near seventy years of age,

which, without any other title, generally demands respect from mankind.

And yet this man he calls the basest of mankind, a name which no man is

entitled to call another till he has proved something to justify him in

so doing; and notwithstanding his opulence, his high rank, station, and

birth, he despises him, and will not suffer him to be heard as an

accuser before him. I will venture to say that Mr. Hastings, in so

doing, whether elevated by philosophy or inflated by pride, is not like

the rest of mankind. We do know, that, in all accusations, a great part

of their weight and authority comes from the character, the situation,

the name, the description, the office, the dignity of the persons who

bring them; mankind are so made, we cannot resist this prejudice; and it

has weight, and ever will have _primâ facie_ weight, in all the

tribunals in the world. If, therefore, Rajah Nundcomar was a man who (it

is not degrading to your Lordships to say) was equal in rank, according

to the idea of his country, to any peer in this House, as sacred as a

bishop, of as much gravity and authority as a judge, and who was

prime-minister in the country in which he lived, with what face can Mr.

Hastings call this man a wretch, and say that he will not suffer him to

be brought before him? If, indeed, joined with such circumstances, the

accuser be a person of bad morals, then, I admit, those bad morals take

away from their weight; but for a proof of that you must have some other

grounds than the charges and the railing of the culprit against him.

I might say that his passion is a proof of his guilt; and there is an

action which is more odious than the crimes he attempts to cover,--_for

he has murdered this man by the hands of Sir Elijah Impey_; and if his

counsel should be unwise enough to endeavor to detract from the credit

of this man by the pretended punishment to which he was brought, we will

open that dreadful scene to your Lordships, and you will see that it

does not detract from his credit, but brings an eternal stain and

dishonor upon the justice of Great Britain: I say nothing further of it.

As he stood there, as he gave that evidence that day, the evidence was

to be received; it stands good, and is a record against Mr.

Hastings,--with this addition, that he would not suffer it to be

examined. He railed at his colleagues. He says, if the charge was false,

they were guilty of a libel. No: it might have been the effect of

conspiracy, it might be punished in another way; but if it was false, it

was no libel. And all this is done to discountenance inquiry, to bring

odium upon his colleagues for doing their duty, and to prevent that

inquiry which could alone clear his character.

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