Mr. Hastings had himself forgotten the character which he had given of

Nundcomar; but he says that his colleagues were perfectly well

acquainted with him, and knew that he was a wretch, the basest of

mankind. But before I read to you the character which Mr. Hastings gave

of him, when he recommended him to the Presidency, (to succeed Mahomed

Reza Khân,) I am to let your Lordships understand fully the purpose for

which Mr. Hastings gave it. Upon that occasion, all the Council, whom he

stated to lie under suspicion of being bought by Mahomed Reza Khân, all

those persons with one voice cried out against Nundcomar; and as Mr.

Hastings was known to be of the faction the most opposite to Nundcomar,

they charged him with direct inconsistency in raising Nundcomar to that

exalted trust,--a charge which Mr. Hastings could not repel any other

way than by defending Nundcomar. The weight of their objections chiefly

lay to Nundcomar's political character; his moral character was not

discussed in that proceeding. Mr. Hastings says,--

"The President does not take upon him to vindicate the moral character

of Nundcomar; his sentiments of this man's former political conduct are

not unknown to the Court of Directors, who, he is persuaded, will be

more inclined to attribute his present countenance of him to motives of

zeal and fidelity to the service, in repugnance perhaps to his own

inclinations, than to any predilection in his favor. He is very well

acquainted with most of the facts alluded to in the minute of the

majority, having been a principal instrument in detecting them:

nevertheless he thinks it but justice to make a distinction between the

violation of a trust and an offence committed against our government by

a man who owed it no allegiance, nor was indebted to it for protection,

but, on the contrary, was the minister and actual servant of a master

whose interest naturally suggested that kind of policy which sought, by

foreign aids, and the diminution of the power of the Company, to raise

his own consequence, and to reëstablish his authority. He has never been

charged with any instance of infidelity to the Nabob Mir Jaffier, the

constant tenor of whose politics, from his first accession to the

nizamut till his death, corresponded in all points so exactly with the

artifices which were detected in his minister that they may be as fairly

ascribed to the one as to the other: their immediate object was beyond

question the aggrandizement of the former, though the latter had

ultimately an equal interest in their success. The opinion which the

Nabob himself entertained of the services and of the fidelity of

Nundcomar evidently appeared in the distinguished marks which he

continued to show him of his favor and confidence to the latest hour of

his life.

"His conduct in the succeeding administration appears not only to have

been dictated by the same principles, but, if we may be allowed to speak

favorably of any measures which opposed the views of our own government

and aimed at the support of an adverse interest, surely it was not only

not culpable, but even praiseworthy. He endeavored, as appears by the

abstracts before us, to give consequence to his master, and to pave the

way to his independence, by obtaining a firman from the king for his

appointment to the subahship; and he opposed the promotion of Mahomed

Reza Khân, because he looked upon it as a supersession of the rights and

authority of the Nabob. He is now an absolute dependant and subject of

the Company, on whose favor he must rest all his hopes of future

advancement."

The character here given of him is that of an excellent patriot, a

character which all your Lordships, in the several situations which you

enjoy or to which you may be called, will envy,--the character of a

servant who stuck to his master against all foreign encroachments, who

stuck to him to the last hour of his life, and had the dying testimony

of his master to his services.

Could Sir John Clavering, could Colonel Monson, could Mr. Francis know

that this man, of whom Mr. Hastings had given that exalted character

upon the records of the Company, was the basest and vilest of mankind?

No, they ought to have esteemed him the contrary: they knew him to be a

man of rank, they knew him to be a man perhaps of the first capacity in

the world, and they knew that Mr. Hastings had given this honorable

testimony of him on the records of the Company but a very little time

before; and there was no reason why they should think or know, as he

expresses it, that he was the basest and vilest of mankind. From the

account, therefore, of Mr. Hastings himself, he was a person competent

to accuse, a witness fit to be heard; and that is all I contend for. Mr.

Hastings would not hear him, he would not suffer the charge he had

produced to be examined into.

It has been shown to your Lordships that Mr. Hastings employed Nundcomar

to inquire into the conduct and to be the principal manager of a

prosecution against Mahomed Reza Khân. Will you suffer this man to

qualify and disqualify witnesses and prosecutors agreeably to the

purposes which his own vengeance and corruption may dictate in one case,

and which the defence of those corruptions may dictate in another? Was

Nundcomar a person fit to be employed in the greatest and most sacred

trusts in the country, and yet not fit to be a witness to the sums of

money which he paid Mr. Hastings for those trusts? Was Nundcomar a fit

witness to be employed and a fit person to be used in the prosecution of

Mahomed Reza Khân, and yet not fit to be employed against Mr. Hastings,

who himself had employed him in the very prosecution of Mahomed Reza

Khân?

If Nundcomar was an enemy to Mr. Hastings, he was an enemy to Mahomed

Reza Khân; and Mr. Hastings employed him, avowedly and professedly on

the records of the Company, on account of the very qualification of that

enmity. Was he a wretch, the basest of mankind, when opposed to Mr.

Hastings? Was he not as much a wretch, and as much the basest of

mankind, when Mr. Hastings employed him in the prosecution of the first

magistrate and Mahometan of the first descent in Asia? Mr. Hastings

shall not qualify and disqualify men at his pleasure; he must accept

them such as they are; and it is a presumption of his guilt accompanying

the charge, (which I never will separate from it,) that he would not

suffer the man to be produced who made the accusation. And I therefore

contend, that, as the accusation was so made, so witnessed, so detailed,

so specific, so entered upon record, and so entered upon record in

consequence of the inquiries ordered by the Company, his refusal and

rejection of inquiry into it is a presumption of his guilt.

He is full of his idea of dignity. It is right for every man to preserve

his dignity. There is a dignity of station, which a man has in trust to

preserve; there is a dignity of personal character, which every man by

being made man is bound to preserve. But you see Mr. Hastings's idea of

dignity has no connection with integrity; it has no connection with

honest fame; it has no connection with the reputation which he is bound

to preserve. What, my Lords, did he owe nothing to the Company that had

appointed him? Did he owe nothing to the legislature,--did he owe

nothing to your Lordships, and to the House of Commons, who had

appointed him? Did he owe nothing to himself? to the country that bore

him? Did he owe nothing to the world, as to its opinion, to which every

public man owes a reputation? What an example was here held out to the

Company's servants!

Mr. Hastings says, "This may come into a court of justice; it will come

into a court of justice: I reserve my defence on the occasion till it

comes into a court of justice, and here I make no opposition to it." To

this I answer, that the Company did not order him so to reserve himself,

but ordered him to be an inquirer into those things. Is it a lesson to

be taught to the inferior servants of the Company, that, provided they

can escape out of a court of justice by the back-doors and sally-ports

of the law, by artifice of pleading, by those strict and rigorous rules

of evidence which have been established for the protection of innocence,

but which by them might be turned to the protection and support of

guilt, that such an escape is enough for them? that an Old Bailey

acquittal is enough to establish a fitness for trust? and if a man shall

go acquitted out of such a court, because the judges are bound to acquit

him against the conviction of their own opinion, when every man in the

market-place knows that he is guilty, that he is fit for a trust? Is it

a lesson to be held out to the servants of the Company, that, upon the

first inquiry which is made into corruption, and that in the highest

trust, by the persons authorized to inquire into it, he uses all the

powers of that trust to quash it,--vilifying his colleagues, vilifying

his accuser, abusing everybody, but never denying the charge? His

associates and colleagues, astonished at this conduct, so wholly unlike

everything that had ever appeared of innocence, request him to consider

a little better. They declare they are not his accusers; they tell him

they are not his judges; that they, under the orders of the Company, are

making an inquiry which he ought to make. He declares he will not make

it. Being thus driven to the wall, he says, "Why do you not form

yourselves into a committee? I won't suffer these proceedings to go on

as long as I am present." Mr. Hastings plainly had in view, that, if the

proceedings had been before a committee, there would have been a doubt

of their authenticity, as not being before a regular board; and he

contended that there could be no regular board without his own presence

in it: a poor, miserable scheme for eluding this inquiry; partly by

saying that it was carried on when he was not present, and partly by

denying the authority of this board.

I will have nothing to do with the great question that arose upon the

Governor-General's resolution to dissolve a board, whether the board

have a right to sit afterwards; it is enough that Mr. Hastings would not

suffer them, as a Council, to examine into what, as a Council, they were

bound to examine into. He absolutely declared the Council dissolved,

when they did not accept his committee, for which they had many good

reasons, as I shall show in reply, if necessary, and which he could have

no one good reason for proposing;--he then declares the Council

dissolved. The Council, who did not think Mr. Hastings had a power to

dissolve them while proceeding in the discharge of their duty, went on

as a Council. They called in Nundcomar to support his charge: Mr.

Hastings withdrew. Nundcomar was asked what he had to say further in

support of his own evidence. Upon which he produces a letter from Munny

Begum, the dancing-girl that I have spoken of, in which she gives him

directions and instructions relative to his conduct in every part of

those bribes; by which it appears that the corrupt agreement for her

office was made with Mr. Hastings through Nundcomar, before he had

quitted Calcutta. It points out the execution of it, and the manner in

which every part of the sum was paid: one lac by herself in Calcutta;

one lac, which she ordered Nundcomar to borrow, and which he did borrow;

and a lac and a half which were given to him, Mr. Hastings, besides this

purchase money, under color of an entertainment. This letter was

produced, translated, examined, criticized, proved to be sealed with the

seal of the Begum, acknowledged to have no marks but those of

authenticity upon it, and as such was entered upon the Company's

records, confirming and supporting the evidence of Nundcomar, part by

part, and circumstance by circumstance. And I am to remark, that, since

this document, so delivered in, has never been litigated or controverted

in the truth of it, from that day to this, by Mr. Hastings, so, if there

was no more testimony, here is enough, upon this business. Your

Lordships will remark that this charge consisted of two parts: two lacs

that were given explicitly for the corrupt purchase of the office; and

one lac and a half given in reality for the same purpose, but under the

color of what is called an entertainment.

Now in the course of these proceedings it was thought necessary that Mr.

Hastings's banian, Cantoo Baboo, (a name your Lordships will be well

acquainted with, and who was the minister in this and all the other

transactions of Mr. Hastings,) should be called before the board to

explain some circumstances in the proceedings. Mr. Hastings ordered his

banian, a native, not to attend the sovereign board appointed by

Parliament for the government of that country, and directed to inquire

into transactions of this nature. He thus taught the natives not only to

disobey the orders of the Court of Directors, enforced by an act of

Parliament, but he taught his own servant to disobey, and ordered him

not to appear before the board. Quarrels, duels, and other mischiefs

arose. In short, Mr. Hastings raised every power of heaven and of hell

upon this subject: but in vain: the inquiry went on.

Mr. Hastings does not meet Nundcomar: he was afraid of him. But he was

not negligent of his own defence; for he flies to the Supreme Court of

Justice. He there prosecuted an inquiry against Nundcomar for a

conspiracy. Failing in that, he made other attempts, and disabled

Nundcomar from appearing before the board by having him imprisoned, and

thus utterly crippled that part of the prosecution against him. But as

guilt is never able thoroughly to escape, it did so happen, that the

Council, finding monstrous deficiencies in the Begum's affairs, finding

the Nabob's allowance totally squandered, that the most sacred pensions

were left unpaid, that nothing but disorder and confusion reigned in all

his affairs, that the Nabob's education was neglected, that he could

scarcely read or write, that there was scarcely any mark of a man left

in him except those which Nature had at first imprinted,--I say, all

these abuses being produced in a body before them, they thought it

necessary to send up to inquire into them; and a considerable deficiency

or embezzlement appearing in the Munny Begum's account of the young

Nabob's stipend, she voluntarily declared, by a writing under her seal,

that she had given 15,000_l._ to Mr. Hastings for an entertainment.

Mr. Hastings, finding that the charge must come fully against him,

contrived a plan which your Lordships will see the effects of presently,

and this was, to confound this lac and an half, or 15,000_l._, with the

two lacs given directly and specifically as a bribe,--intending to avail

himself of this finesse whenever any payment was to be proved of the two

lacs, which he knew would be proved against him, and which he never did

deny; and accordingly your Lordships will find some confusion in the

proofs of the payment of those sums. The receipt of two lacs is proved

by Nundcomar, proved with all the means of detection which I have

stated; the receipt of the lac and a half is proved by Munny Begum's

letter, the authenticity of which was established, and never denied by

Mr. Hastings. In addition to these proofs, Rajah Gourdas, who had the

management of the Nabob's treasury, verbally gave an account perfectly

corresponding with that of Nundcomar and the Munny Begum's letter; and

he afterwards gave in writing an attestation, which in every point

agrees correctly with the others. So that there are three witnesses upon

this business. And he shall not disqualify Rajah Gourdas, because,

whatever character he thought fit to give Nundcomar, he has given the

best of characters to Rajah Gourdas, who was employed by Mr. Hastings in

occupations of trust, and therefore any objections to his competency

cannot exist. Having got thus far, the only thing that remained was to

examine the records of the public offices, and see whether any trace of

these transactions was to be found there. These offices had been thrown

into confusion in the manner you will hear; but, upon strict inquiry,

there was a _shomaster_, or office paper, produced, from which it

appears that the officer of the treasury, having brought to the Nabob an

account of one lac and a half which he said had been given to Mr.

Hastings, desired to know from him under what head of expense it should

be entered, and that he, the Nabob, desired him to put it under the head

of expenses for entertaining Mr. Hastings. If there had been a head of

entertainment established as a regular affair, the officer would never

have gone to the Nabob and asked under what name to enter it; but he

found an irregular affair, and he did not know what head to put it

under. And from the whole of the proceedings it appears that three lacs

and a half were paid: two lac by way of bribe, one lac and a half under

the color of an entertainment. Mr. Hastings endeavors to invalidate the

first obliquely, not directly, for he never directly denied it; and he

partly admits the second, in hopes that all the proof of payment of the

first charge should be merged and confounded in the second. And

therefore your Lordships will see from the beginning of that business

till it came into the hands of Mr. Smith, his agent, then appearing in

the name and character of agent and solicitor to the Company, that this

was done to give some appearance and color to it by a false

representation, as your Lordships will see, of every part of the

transaction.

The proof, then, of the two lacs rests upon the evidence of Nundcomar,

the letter of Munny Begum, and the evidence of Rajah Gourdas. The

evidence of the lac and a half, by way of entertainment, was at first

the same; and afterwards begins a series of proofs to which Mr. Hastings

has himself helped us. For, in the first place, he produces this office

paper in support of his attempt to establish the confusion between the

payment of the two lacs and of the lac and a half. He did not himself

deny that he received a lac and a half, because with respect to that lac

and a half he had founded some principle of justification. Accordingly

this office paper asserts and proves this lac and a half to have been

given, in addition to the other proofs. Then Munny Begum herself is

inquired of. There is a commission appointed to go up to her residence;

and the fact is proved to the satisfaction of Mr. Goring, the

commissioner. The Begum had put a paper of accounts, through her son,

into his hands, which shall be given at your Lordships' bar, in which

she expressly said that she gave Mr. Hastings a lac and a half for

entertainment. But Mr. Hastings objects to Mr. Goring's evidence upon

this occasion. He wanted to supersede Mr. Goring in the inquiry; and he

accordingly appoints, with the consent of the Council, two creatures of

his own to go and assist in that inquiry. The question which he directs

these commissioners to put to Munny Begum is this:--"Was the sum of

money charged by you to be given to Mr. Hastings given under an idea of

entertainment customary, or upon what other ground, or for what other

reason?" He also desires the following questions may be proposed to the

Begum:--"Was any application made to you for the account which you have

delivered of three lacs and a half of rupees said to have been paid to

the Governor and Mr. Middleton? or did you deliver the account of your

own free will, and unsolicited?" My Lords, you see that with regard to

the whole three lacs and a half of rupees the Begum had given an account

which tended to confirm the payment of them; but Mr. Hastings wanted to

invalidate that account by supposing she gave it under restraint. The

second question is,--"In what manner was the application made to you,

and by whom?" But the principal question is this:--"On what account was

the one lac and a half given to the Governor-General which you have laid

to his account? Was it in consequence of any requisition from him, or of

any previous agreement, or of any established usage?" When a man asks

concerning a sum of money, charged to be given to him by another person,

on what account it was given, he does indirectly admit that that money

actually was paid, and wants to derive a justification from the mode of

the payment of it; and accordingly that inference was drawn from the

question so sent up, and it served as an instruction to Munny Begum; and

her answer was, that it was given to him, as an ancient usage and

custom, for an entertainment. So that the fact of the gift of the money

is ascertained by the question put by Mr. Hastings to her, and her

answer. And thus at last comes his accomplice in this business, and

gives the fullest testimony to the lac and a half.

I must beg leave, before I go further, to state the circumstances of

the several witnesses examined upon this business. They were of two

kinds: voluntary witnesses, and accomplices forced by inquiry and

examination to discover their own guilt. Of the first kind were

Nundcomar and Rajah Gourdas: these were the only two that can be said to

be voluntary in the business, and who gave their information without

much fear, though the last unwillingly, and with a full sense of the

danger of doing it. The other was the evidence of his accomplice, Munny

Begum, wrung from her by the force of truth, in which she confessed that

she gave the lac and a half, and justifies it upon the ground of its

being a customary entertainment. Besides this, there is the evidence of

Chittendur, who was one of Mr. Hastings's instruments, and one of the

Begum's servants. He, being prepared to confound the two lacs with the

one lac and a half, says, upon his examination, that a lac and a half

was given; but upon examining into the particulars of it, he proves that

the sum he gave was two lacs, and not a lac and a half: for he says that

there was a dispute about the other half lac; Nundcomar demanded

interest, which the Begum was unwilling to allow, and consequently that

half lac remained unpaid. Now this half lac can be no part of the lac

and a half, which is admitted on all hands, and proved by the whole body

of concurrent testimony, to have been given to Mr. Hastings in one

lumping sum. When Chittendur endeavors to confound it with the lac and a

half, he clearly establishes the fact that it was a parcel of the two

lacs, and thus bears evidence, in attempting to prevaricate in favor of

Mr. Hastings, that one lac and a half was paid, which Mr. Hastings is

willing to allow; but when he enters into the particulars of it, he

proves by the subdivision of the payment, and by the non-payment of part

of it, that it accords with the two lacs, and not with the lac and a

half.

The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) · 第 15 / 31 段