There are other circumstances in these accounts highly auxiliary to this

evidence. The lac and a half was not only attested by Rajah Gourdas, by

the Begum, by Chittendur, by the Begum again upon Mr. Hastings's own

question, indirectly admitted by Mr. Hastings, proved by the orders for

it to be written off to expense, (such a body of proof as perhaps never

existed,) but there is one proof still remaining, namely, a paper, which

was produced before the Committee, and which we shall produce to your

Lordships. It is an authentic paper, delivered in favor of Mr. Hastings

by Major Scott, who acted at that time as Mr. Hastings's agent, to a

committee of the House of Commons, and authenticated to come from Munny

Begum herself. All this body of evidence we mean to produce; and we

shall prove, first, that he received the two lacs,--and, secondly, that

he received one lac and a half under the name of entertainment. With

regard to the lac and a half, Mr. Hastings is so far from controverting

it, even indirectly, that he is obliged to establish it by testimonies

produced by himself, in order to sink in that, if he can, the two lacs,

which he thinks he is not able to justify, but which he fears will be

proved against him. The lac and a half, I do believe, he will not be

advised to contest; but whether he is or no, we shall load him with it,

we shall prove it beyond all doubt. But there are other circumstances

further auxiliary in this business, which, from the very attempts to

conceal it, prove beyond doubt the fraudulent and wicked nature of the

transaction. In the account given by the Begum, a lac, which is for Mr.

Hastings's entertainment, is entered in a suspicious neighborhood; for

there is there entered a lac of rupees paid for the subahdarry sunnuds

to the Mogul through the Rajah Shitab Roy. Upon looking into the

account, and comparing it with another paper produced, the first thing

we find is, that this woman charges the sum paid to be a sum due; and

then she charges this one lac to have been paid when the Mogul was in

the hands of the Mahrattas, when all communication with him was stopped,

and when Rajah Shitab Roy, who is supposed to have paid it, was under

confinement in the hands of Mr. Hastings. Thus she endeavors to conceal

the lac of rupees paid to Mr. Hastings.

In order to make this transaction, which, though not in itself

intricate, is in some degree made so by Mr. Hastings, clear to your

Lordships, we pledge ourselves to give to your Lordships, what must be a

great advantage to the culprit himself, a syllabus, the heads of all

this charge, and of the proofs themselves, with their references, to

show how far the proof goes to the two lacs, and then to the one lac and

a half singly. This we shall put in writing, that you may not depend

upon the fugitive memory of a thing not so well, perhaps, or powerfully

expressed as it ought to be, and in order to give every advantage to the

defendant, and to give every facility to your Lordships' judgment: and

this will, I believe, be thought a clear and fair way of proceeding.

Your Lordships will then judge whether Mr. Hastings's conduct at the

time, his resisting an inquiry, preventing his servant appearing as an

evidence, discountenancing and discouraging his colleagues, raising

every obstruction to the prosecution, dissolving the Council,

preventing evidence and destroying it as far as lay in his power by

collateral means, be not also such presumptive proofs as give double

force to all the positive proof we produce against him.

The lac and a half, I know, he means to support upon the custom of

entertainment; and your Lordships will judge whether or not a man who

was ordered and had covenanted never to take more than 400_l._ could

take 16,000_l._ under color of an entertainment. That which he intends

to produce as a justification we charge, and your Lordships and the

world will think, to be the heaviest aggravation of his crime. And after

explaining to your Lordships the circumstances under which this

justification is made, and leaving a just impression of them upon your

minds, I shall beg your Lordships' indulgence to finish this member of

the business to-morrow.

It is stated and entered in the account, that an entertainment was

provided for Mr. Hastings at the rate of 200_l._ a day. He stayed at

Moorshedabad for near three months; and thus you see that visits from

Mr. Hastings are pretty expensive things: it is at the rate of

73,000_l._ a year for his entertainment. We find that Mr. Middleton, an

English gentleman who was with him, received likewise (whether under the

same pretence I know not, and it does not signify) another sum equal to

it; and if these two gentlemen had stayed in that country a year, their

several allowances would have been 146,000_l._ out of the Nabob's

allowance of 160,000_l._ a year: they would have eat up nearly the whole

of it. And do you wonder, my Lords, that such guests and such hosts are

difficult to be divided? Do you wonder that such visits, when so well

paid for and well provided for, were naturally long? There is hardly a

prince in Europe who would give to another prince of Europe from his

royal hospitality what was given upon this occasion to Mr. Hastings.

Let us now see what was Mr. Hastings's business during this long

protracted visit. First, he tells you that he came there to reduce all

the state and dignity of the Nabob. He tells you that he felt no

compunction in reducing that state; that the elephants, the menagerie,

the stables, all went without mercy, and consequently all the persons

concerned in them were dismissed also. When he came to the abolition of

the pensions, he says,--"I proceeded with great pain, from the

reflection that I was the instrument in depriving whole families, all at

once, of their bread, and reducing them to a state of penury: convinced

of the necessity of the measure, I endeavored to execute it with great

impartiality." Here he states the work he was employed in, when he took

this two hundred pounds a day for his own pay. "It was necessary to

begin with reforming the useless servants of the court, and retrenching

the idle parade of elephants, menageries, &c., which loaded the civil

list. This cost little regret in performing; but the Resident, who took

upon himself the chief share in this business, acknowledges that he

suffered considerably in his feelings, when he came to touch on the

pension list. Some hundreds of persons of the ancient nobility of the

country, excluded, under our government, from almost all employments,

civil or military, had, ever since the revolution, depended on the

bounty of the Nabob; and near ten lacs were bestowed that way. It is not

that the distribution was always made with judgment or impartial, and

much room was left for a reform; but when the question was to cut off

entirely the greatest part, it could not fail to be accompanied with

circumstances of real distress. The Resident declares, that, even with

some of the highest rank, he could not avoid discovering, under all the

pride of Eastern manners, the manifest marks of penury and want. There

was, however, no room left for hesitation: to confine the Nabob's

expenses within the limited sum, it was necessary that pensions should

be set aside."

Here, my Lords, is a man sent to execute one of the most dreadful

offices that was ever executed by man,--to cut off, as he says himself,

with a bleeding heart, the only remaining allowance made for hundreds of

the decayed nobility and gentry of a great kingdom, driven by our

government from the offices upon which they existed. In this moment of

anxiety and affliction, when he says he felt pain and was cut to the

heart to do it,--at this very moment, when he was turning over fourteen

hundred of the ancient nobility and gentry of this country to downright

want of bread,--just at that moment, while he was doing this act, and

feeling this act in this manner, from the collected morsels forced from

the mouths of that indigent and famished nobility he gorged his own

ravenous maw with an allowance of two hundred pounds a day for his

entertainment. As we see him in this business, this man is unlike any

other: he is also never corrupt but he is cruel; he never dines without

creating a famine; he does not take from the loose superfluity of

standing greatness, but falls upon the indigent, the oppressed, and

ruined; he takes to himself double what would maintain them. His is

unlike the generous rapacity of the noble eagle, who preys upon a

living, struggling, reluctant, equal victim; his is like that of the

ravenous vulture, who falls upon the decayed, the sickly, the dying, and

the dead, and only anticipates Nature in the destruction of its object.

His cruelty is beyond his corruption: but there is something in his

hypocrisy which is more terrible than his cruelty; for, at the very time

when with double and unsparing hands he executes a proscription, and

sweeps off the food of hundreds of the nobility and gentry of a great

country, his eyes overflow with tears, and he turns the precious balm

that bleeds from wounded humanity, and is its best medicine, into fatal,

rancorous, mortal poison to the human race.

You have seen, that, when he takes two hundred pounds a day for his

entertainment, he tells you that in this very act he is starving

fourteen hundred of the ancient nobility and gentry. My Lords, you have

the blood of nobles,--if not, you have the blood of men in your veins:

you feel as nobles, you feel as men. What would you say to a cruel Mogul

exactor, by whom after having been driven from your estates, driven from

the noble offices, civil and military, which you hold, driven from your

bishoprics, driven from your places at court, driven from your offices

as judges, and, after having been reduced to a miserable flock of

pensioners, your very pensions were at last wrested from your mouths,

and who, though at the very time when those pensions were wrested from

you he declares them to have been the only bread of a miserable decayed

nobility, takes himself two hundred pounds a day for his entertainment,

and continues it till it amounts to sixteen thousand pounds? I do

think, that, of all the corruptions which he has not owned, but has not

denied, or of those which he does in effect own, and of which he brings

forward the evidence himself, the taking and claiming under color of an

entertainment is ten times the most nefarious.

I shall this day only further trouble your Lordships to observe that he

has never directly denied this transaction. I have tumbled over the

records, I have looked at every part, to see whether he denies it. He

did not deny it at the time, he did not deny it to the Court of

Directors: on the contrary, he did in effect acknowledge it, when,

without directly acknowledging it, he promised them a full and liberal

explanation of the whole transaction. He never did give that

explanation. Parliament took up the business; this matter was reported

at the end of the Eleventh Report; but though the House of Commons had

thus reported it, and made that public which before was upon the

Company's records, he took no notice of it. Then another occasion

arises: he comes before the House of Commons; he knows he is about to be

prosecuted for those very corruptions; he well knows these charges exist

against him; he makes his defence (if he will allow it to be his

defence); but, though thus driven, he did not there deny it, because he

knew, that, if he had denied it, it could be proved against him. I

desire your Lordships will look at that paper which we have given in

evidence, and see if you find a word of denial of it: there is much

discourse, much folly, much insolence, but not one word of denial. Then,

at last, it came before this tribunal against him. I desire to refer

your Lordships to that part of his defence to the article in which this

bribe is specifically charged: he does not deny it there; the only

thing which looks like a denial is one sweeping clause inserted, (in

order to put us upon the proof,) that all the charges are to be

conceived as denied; but a specific denial to this specific charge in no

stage of the business, from beginning to end, has he once made.

And therefore here I close that part of the charge which relates to the

business of Nundcomar. Your Lordships will see such a body of

presumptive proof and positive proof as never was given yet of any

secret corrupt act of bribery; and there I leave it with your Lordships'

justice. I beg pardon for having detained you so long; but your

Lordships will be so good as to observe that no business ever was

covered with more folds of iniquitous artifice than this which is now

brought before you.

SPEECH

ON

THE SIXTH ARTICLE OF CHARGE.

SECOND DAY: SATURDAY, APRIL 25, 1789.

My Lords,--When I last had the honor of addressing your Lordships, I

endeavored to state with as much perspicuity as the nature of an

intricate affair would admit, and as largely as in so intricate an

affair was consistent with the brevity which I endeavored to preserve,

the proofs which had been adduced against Warren Hastings upon an

inquiry instituted by an order of the Court of Directors into the

corruption and peculation of persons in authority in India. My Lords, I

have endeavored to show you by anterior presumptive proofs, drawn from

the nature and circumstances of the acts themselves inferring guilt,

that such actions and such conduct could be referable only to one cause,

namely, _corruption_; I endeavored to show you afterwards, my Lords,

what the specific nature and extent of the corruption was, as far as it

could be fully proved; and lastly, the great satisfactory presumption

which attended the inquiry with regard to Mr. Hastings,--namely, that,

contrary to law, contrary to his duty, contrary to what is owed by

innocence to itself, Mr. Hastings resisted that inquiry, and employed

all the power of his office to prevent the exercise of it, either in

himself or in others. These presumptions and these proofs will be

brought before your Lordships, distinctly and in order, at the end of

this opening.

The next point on which I thought it necessary to proceed was relative

to the presumptions which his subsequent conduct gave with regard to his

guilt: because, my Lords, his uniform tenor of conduct, such as must

attend guilt, both in the act, at the time of the inquiry, and

subsequent to it, will form such a body of satisfactory evidence as I

believe the human mind is not made to resist.

My Lords, there is another reason why I choose to enter into the

presumptions drawn from his conduct and the fact, taking his conduct in

two parts, if it may be so expressed, _omission_ and _commission_, in

order that your Lordships should more fully enter into the consequences

of this system of bribery. But before I say anything upon that, I wish

your Lordships to be apprised, that the Commons, in bringing this bribe

of three lac and a half before your Lordships, do not wish by any means

to have it understood that this is the whole of the bribe that was

received by Mr. Hastings in consequence of delivering up the whole

management of the government of the country to that improper person whom

he nominated for it. My Lords, from the proofs that will be adduced

before you, there is great probability that he received very nearly a

hundred thousand pounds; there is positive proof of his receiving fifty;

and we have chosen only to charge him with that of which there is such

an accumulated body of proof as to leave no doubt upon the minds of your

Lordships. All this I say, because we are perfectly apprised of the

sentiments of the public upon this point: when they hear of the enormity

of Indian peculation, when they see the acts done, and compare them

with the bribes received, the acts seem so enormous and the bribes

comparatively so small, that they can hardly be got to attribute them to

that motive. What I mean to state is this: that, from a collective view

of the subject, your Lordships will be able to judge that enormous

offences have been committed, and that the bribe which we have given in

proof is a specimen of the nature and extent of those enormous bribes

which extend to much greater sums than we are able to prove before you

in the manner your Lordships would like and expect.

I have already remarked to your Lordships, that, after this charge was

brought and recorded before the Council in spite of the resistance made

by Mr. Hastings, in which he employed all the power and authority of his

station, and the whole body of his partisans and associates in iniquity,

dispersed through every part of these provinces,--after he had taken all

these steps, finding himself pressed by the proof and pressed by the

presumption of his resistance to the inquiry, he did think it necessary

to make something like a defence. Accordingly he has made what he calls

a justification, which did not consist in the denial of that fact, or

any explanation of it. The mode he took for his defence was abuse of his

colleagues, abuse of the witnesses, and of every person who in the

execution of his duty was inquiring into the fact, and charging them

with things which, if true, were by no means sufficient to support him,

either in defending the acts themselves, or in the criminal means he

used to prevent inquiry into them. His design was to mislead their

minds, and to carry them from the accusation and the proof of it. With

respect to the passion, violence, and intemperate heat with which he

charged them, they were proceeding in an orderly, regular manner; and if

on any occasion they seem to break out into warmth, it was in

consequence of that resistance which he made to them, in what your

Lordships, I believe, will agree with them in thinking was one of the

most important parts of their functions. If they had been intemperate in

their conduct, if they had been violent, passionate, prejudiced against

him, it afforded him only a better means of making his defence; because,

though in a rational and judicious mind the intemperate conduct of the

accuser certainly proves nothing with regard to the truth or falsehood

of his accusation, yet we do know that the minds of men are so

constituted that an improper mode of conducting a right thing does form

some degree of prejudice against it. Mr. Hastings, therefore, unable to

defend himself upon principle, has resorted as much as he possibly could

to prejudice. And at the same time that there is not one word of denial,

or the least attempt at a refutation of the charge, he has loaded the

records with all manner of minutes, proceedings, and letters relative to

everything but the fact itself. The great aim of his policy, both then,

before, and ever since, has been to divert the mind of the auditory, or

the persons to whom he addressed himself, from the nature of his cause,

to some collateral circumstance relative to it,--a policy to which he

has always had recourse; but that trick, the last resource of despairing

guilt, I trust will now completely fail him.

Mr. Hastings, however, began to be pretty sensible that this way of

proceeding had a very unpromising and untoward look; for which reason he

next declared that he reserved his defence for fear of a legal

prosecution, and that some time or other he would give a large and

liberal explanation to the Court of Directors, to whom he was answerable

for his conduct, of his refusing to suffer the inquiry to proceed, of

his omitting to give them satisfaction at the time, of his omitting to

take any one natural step that an innocent man would have taken upon

such an occasion. Under this promise he has remained from that time to

the time you see him at your bar, and he has neither denied, exculpated,

explained, or apologized for his conduct in any one single instance.

While he accuses the intemperance of his adversaries, he shows a degree

of temperance in himself which always attends guilt in despair: for

struggling guilt may be warm, but guilt that is desperate has nothing to

do but to submit to the consequences of it, to bear the infamy annexed

to its situation, and to try to find some consolation in the effects of

guilt with regard to private fortune for the scandal it brings them into

in public reputation. After the business had ended in India, the causes

why he should have given the explanation grew stronger and stronger: for

not only the charges exhibited against him were weighty, but the manner

in which he was called upon to inquire into them was such as would

undoubtedly tend to stir the mind of a man of character, to rouse him to

some consideration of himself, and to a sense of the necessity of his

defence. He was goaded to make this defence by the words I shall read to

your Lordships from Sir John Clavering.

"In the late proceedings of the Revenue Board it will appear that there

is no species of peculation from which the Honorable Governor-General

has thought it reasonable to abstain." He further says, in answer to

Mr. Hastings, "The malicious view with which this innuendo" (an innuendo

of Mr. Hastings) "is thrown out is only worthy of a man who, having

disgraced himself in the eyes of every man of honor both in Asia and in

Europe, and having no imputation to lay to our charge, has dared to

attempt in the dark what malice itself could not find grounds to aim at

openly."

These are the charges which were made upon him,--not loosely, in the

heat of conversation, but deliberately, in writing, entered upon record,

and sent to his employers, the Court of Directors, those whom the law

had set over him, and to whose judgment and opinion he was responsible.

Do your Lordships believe that it was conscious innocence that made him

endure such reproaches, so recorded, from his own colleague? Was it

conscious innocence that made him abandon his defence, renounce his

explanation, and bear all this calumny, (if it was calumny,) in such a

manner, without making any one attempt to refute it? Your Lordships will

see by this, and by other minutes with which the books are filled, that

Mr. Hastings is charged quite to the brim with corruptions of all sorts,

and covered with every mode of possible disgrace. For there is something

so base and contemptible in the crimes of peculation and bribery, that,

when they come to be urged home and strongly against a man, as here they

are urged, nothing but a consciousness of guilt can possibly make a

person so charged support himself under them. Mr. Hastings considered

himself, as he has stated, to be under the necessity of bearing them.

What is that necessity? Guilt. Could he say that Sir John Clavering (for

I say nothing now of Colonel Monson and Mr. Francis, who were joined

with him) was a man weak and contemptible? I believe there are those

among your Lordships who remember that Sir John Clavering was known

before he went abroad, and better known by his conduct after, to be a

man of the most distinguished honor that ever served his Majesty; he

served his Majesty in a military situation for many years, and

afterwards in that high civil situation in India. It is known that

through every step and gradation of a high military service, until he

arrived at the highest of all, there never was the least blot upon him,

or doubt or suspicion of his character; that his temper for the most

part, and his manners, were fully answerable to his virtues, and a noble

ornament to them; that he was one of the best natured, best bred men, as

well as one of the highest principled men to be found in his Majesty's

service; that he had passed the middle time of life, and come to an age

which makes men wise in general; so that he could be warmed by nothing

but that noble indignation at guilt which is the last thing that ever

was or will be extinguished in a virtuous mind. He was a man whose voice

was not to be despised; but if his character had been personally as

contemptible as it was meritorious and honorable in every respect, yet

his situation as a commissioner named by an act of Parliament for the

express purpose of reforming India gave him a weight and consequence

that could not suffer Mr. Hastings, without a general and strong

presumption of his guilt, to acquiesce in such recorded minutes from

him. But if he had been a weak, if he had been an intemperate man, (in

reality he was as cool, steady, temperate, judicious a man as ever was

born,) the Court of Directors, to whom Mr. Hastings was responsible by

every tie and every principle, and was made responsible at last by a

positive act of Parliament obliging him to yield obedience to their

commands as the general rule of his duty,--the Court of Directors, I

say, perfectly approved of every part of General Clavering's, Colonel

Monson's, and Mr. Francis's conduct; they approved of this inquiry which

Mr. Hastings rejected; and they have declared, "that the powers and

instructions vested in and given to General Clavering and the other

gentlemen were such as fully authorized them in every inquiry that seems

to have been their object ... Europeans."[2]

Now after the supreme authority, to which they were to appeal in all

their disputes, had passed this judgment upon this very inquiry, the

matter no longer depended upon Mr. Hastings's opinion; nor could he be

longer justified in attributing that to evil motives either of malice or

passion in his colleagues. When the judges who were finally to determine

who was malicious, who was passionate, who was or was not justified

either in setting on foot the inquiry or resisting it, had passed that

judgment, then Mr. Hastings was called upon by all the feelings of a

man, and by his duty in Council, to give satisfaction to his masters,

the Directors, who approved of the zeal and diligence shown in that very

inquiry, the passion of which he only reprobated, and upon which he

grounded his justification.

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