If anything but conscious guilt could have possibly influenced him to

such more than patience under this accusation, let us see what was his

conduct when the scene was changed. General Clavering, fatigued and

broken down by the miseries of his situation, soon afterwards lost a

very able and affectionate colleague, Colonel Monson, (whom Mr. Hastings

states to be one of the bitterest of his accusers,) a man one of the

most loved and honored of his time, a person of your Lordships' noble

blood, and a person who did honor to it, and if he had been of the

family of a commoner, well deserved to be raised to your distinction.

When that man died,--died of a broken heart, to say nothing else,--and

General Clavering felt himself in a manner without help, except what he

derived from the firmness, assiduity, and patience of Mr. Francis,

sinking like himself under the exertion of his own virtues, he was

resolved to resign his employment. The Court of Directors were so

alarmed at this attempt of his to resign his employment, that they wrote

thus: "When you conceived the design of quitting our service, we imagine

you could not have heard of the resignation of Mr. Hastings ... your

zeal and ability."[3]

My Lords, in this struggle, and before he could resign finally, another

kind of resignation, the resignation of Nature, took place, and Sir John

Clavering died. The character that was given Sir John Clavering at that

time is a seal to the whole of his proceedings, and the use that I shall

make of it your Lordships will see presently. "The abilities of General

Clavering, the comprehensive knowledge he had attained of our affairs

... to the East India Company."[4]

And never had it a greater loss. There is the concluding funeral

oration made by his masters, upon a strict, though by no means partial,

view of his conduct. My Lords, here is the man who is the great accuser

of Mr. Hastings, as he says. What is he? a slight man, a man of mean

situation, a man of mean talents, a man of mean character? No: of the

highest character. Was he a person whose conduct was disapproved by

their common superiors? No: it was approved when living, and ratified

when dead. This was the man, a man equal to him in every respect, upon

the supposed evil motives of whom alone was founded the sole

justification of Mr. Hastings.

But be it, then, that Sir John Clavering, Colonel Monson, and Mr.

Francis were all of them the evil-minded persons that he describes them

to be, and that from dislike to them, from a kind of manly resentment,

if you please, against such persons, an hatred against malicious

proceedings, and a defiance of them, he did not think proper, as he

states, to make his defence during that period of time, and while

oppressed by that combination,--yet, when he got rid of the two former

persons, and when Mr. Francis was nothing, when the whole majority was

in his hand, and he was in full power, there was a large, open, full

field for inquiry; and he was bound to re-institute that inquiry, and to

clear his character before his judges and before his masters. Mr.

Hastings says, "No: they have threatened me with a prosecution, and I

reserve myself for a court of justice."

Mr. Hastings has now at length taken a ground, as you will see from all

his writings, which makes all explanation of his conduct in this

business absolutely impossible. For, in the first place, he says, "As a

prosecution is meditated against me, I will say nothing in explanation

of my conduct, because I might disclose my defence, and by that means do

myself a prejudice." On the other hand, when the prosecution is dropped,

as we all know it was dropped in this case, then he has a direct

contrary reason, but it serves him just as well: "Why, as no prosecution

is intended, no defence need be made." So that, whether a prosecution is

intended or a prosecution dropped, there is always cause why Mr.

Hastings should not give the Court of Directors the least satisfaction

concerning his conduct, notwithstanding, as we shall prove, he has

reiteratedly promised, and promised it in the most ample and liberal

manner. But let us see if there be any presumption in his favor to rebut

the presumption which he knew was irresistible, and which, by making no

defence for his conduct, and stopping the inquiry, must necessarily lie

upon him. He reserves his defence, but he promises both defence and

explanation.

Your Lordships will remark that there is nowhere a clear and positive

denial of the fact. Promising a defence, I will admit, does not directly

and _ex vi termini_ suppose that a man may not deny the fact, because it

is just compatible with the defence; but it does by no means exclude the

admission of the fact, because the admission of the fact may be attended

with a justification: but when a man says that he will explain his

conduct with regard to a fact, then he admits that fact, because there

can be no explanation of a fact which has no existence. Therefore Mr.

Hastings admits the fact by promising an explanation, and he shows he

has no explanation nor justification to give by never having given it.

Goaded, provoked, and called upon for it, in the manner I have

mentioned, he chooses to have a feast of disgrace, (if I may say so,) to

have a riot of infamy, served up to him day by day for a course of

years, in every species of reproach that could be given by his

colleagues, and by the Court of Directors, "from whom," he says, "I

received nothing but opprobrious and disgraceful epithets," and he says

"that his predecessors possessed more of their confidence than he had."

Yet for years he lay down in that sty of disgrace, fattening in it,

feeding upon that offal of disgrace and excrement, upon everything that

could be disgustful to the human mind, rather than deny the fact and put

himself upon a civil justification. Infamy was never incurred for

nothing. We know very well what was said formerly:--

"Populus me sibilat; at mihi plaudo

Ipse domi, simul ac nummos contemplor in arca."

And never did a man submit to infamy for anything but its true reward,

_money_. Money he received; the infamy he received along with it: he was

glad to take his wife with all her goods; he took her with her full

portion, with every species of infamy that belonged to her; and your

Lordships cannot resist the opinion that he would not have suffered

himself to be disgraced with the Court of Directors, disgraced with his

colleagues, disgraced with the world, disgraced upon an eternal record,

unless he was absolutely guilty of the fact that was charged upon him.

He frequently expresses that he reserves himself for a court of justice.

Does he, my Lords? I am sorry that Mr. Hastings should show that he

always mistakes his situation; he has totally mistaken it: he was a

servant, bound to give a satisfactory account of his conduct to his

masters, and, instead of that, he considers himself and the Court of

Directors as litigant parties,--them as the accusers, and himself as the

culprit. What would your Lordships, in private life, conceive of a

steward who was accused of embezzling the rents, robbing and oppressing

the tenants, and committing a thousand misdeeds in his stewardship, and

who, upon your wishing to make inquiry into his conduct, and asking an

explanation of it, should answer, "I will give no reply: you may intend

to prosecute me and convict me as a cheat, and therefore I will not give

you any satisfaction": what would you think of that steward? You could

have no doubt that such a steward was a person not fit to be a steward,

nor fit to live.

Mr. Hastings reserves himself for a court of justice: that single

circumstance, my Lords, proves that he was guilty. It may appear very

odd that his guilt should be inferred from his desire of trial in a

court in which he could be acquitted or condemned. But I shall prove to

you from that circumstance that Mr. Hastings, in desiring to be tried in

a court of justice, convicts himself of presumptive guilt.

When Mr. Hastings went to Bengal in the year 1772, he had a direction

exactly similar to this which he has resisted in his own case: it was to

inquire into grievances and abuses. In consequence of this direction, he

proposes a plan for the regulation of the Company's service, and one

part of that plan was just what you would expect from him,--that is, the

power of destroying every Company's servant without the least

possibility of his being heard in his own defence or taking any one

step to justify himself, and of dismissing him at his own discretion:

and the reason he gives for it is this. "I shall forbear to comment upon

the above propositions: if just and proper, their utility will be

self-apparent. One clause only in the last article may require some

explanation, namely, the power proposed for the Governor of recalling

any person from his station without assigning a reason for it. In the

charge of oppression," (now here you will find the reason why Mr.

Hastings wishes to appeal to a court of justice, rather than to give

satisfaction to his employers,) "though supported by the cries of the

people and the most authentic representations, it is yet impossible in

most cases to obtain legal proofs of it; and unless the discretionary

power which I have recommended be somewhere lodged, the assurance of

impunity from any formal inquiry will baffle every order of the board,

as, on the other hand, the fear of the consequence will restrain every

man within the bounds of his duty, if he knows himself liable to suffer

by the effects of a single control." You see Mr. Hastings himself is of

opinion that the cries of oppression, though extorted from a whole

people by the iron hand of severity,--that these cries of a whole

people, attended even with authentic documents sufficient to satisfy the

mind of any man, may be totally insufficient to convict the oppressor in

a court; and yet to that court, whose competence he denies, to that very

court, he appeals, in that he puts his trust, and upon that ground he

refuses to perform the just promise he had given of any explanation to

those who had employed him.

Now I put this to your Lordships: if a man is of opinion that no public

court can truly and properly bring him to any account for his conduct,

that the forms observable in courts are totally adverse to it, that

there is a general incompetency with regard to such a court, and yet

shuns a tribunal capable and competent, and applies to that which he

thinks is incapable and incompetent, does not that man plainly show that

he has rejected what he thinks will prove his guilt, and that he has

chosen what he thinks will be utterly insufficient to prove it? And if

this be the case, as he asserts it to be, with an under servant, think

what must be the case of the upper servant of all: for, if an inferior

servant is not to be brought to justice, what must be the situation of a

Governor-General? It is impossible not to see, that, as he had conceived

that a court of justice had not sufficient means to bring his crimes to

light and detection, nor sufficient to bring him to proper and adequate

punishment, therefore he flew to a court of justice, not as a place to

decide upon him, but as a sanctuary to secure his guilt. Most of your

Lordships have travelled abroad, and have seen in the unreformed

countries of Europe churches filled with persons who take sanctuary in

them. You do not presume that a man is innocent because he is in a

sanctuary: you know, that, so far from demonstrating his innocence, it

demonstrates his guilt. And in this case, Mr. Hastings flies not to a

court for trial, but as a sanctuary to secure him from it.

Let us just review the whole of his conduct; let us hear how Mr.

Hastings has proceeded with regard to this whole affair. The court of

justice dropped; the prosecution in Bengal ended. With Sir Elijah Impey

as chief-justice, who, as your Lordships have seen, had a most close and

honorable connection with the Governor-General, (all the circumstances

of which I need not detail to you, as it must be fresh in your

Lordships' memory,) he had not much to fear from the impartiality of the

court. He might be sure the forms of law would not be strained to do him

mischief; therefore there was no great terror in it. But whatever terror

there might be in it was overblown, because his colleagues refused to

carry him into it, and therefore that opportunity of defence is gone. In

Europe he was afraid of making any defence, but the prosecution here was

also soon over; and in the House of Commons he takes this ground of

justification for not giving any explanation, that the Court of

Directors had received perfect satisfaction of his innocence; and he

named persons of great and eminent character in the profession, whose

names certainly cannot be mentioned without highly imposing upon the

prejudices and weighing down almost the reason of mankind. He quotes

their opinions in his favor, and argues that the exculpation which they

give, or are supposed to give him, should excuse him from any further

explanation.

My Lords, I believe I need not say to great men of the profession, many

of the first ornaments of which I see before me, that they are very

little influenced in the seat of judgment by the opinions which they

have given in the chamber, and they are perfectly in the right: because

while in the chamber they hear but one part of the cause; it is

generally brought before them in a very partial manner, and they have

not the lights which they possess when they sit deliberately down upon

the tribunal to examine into it; and for this reason they discharge

their minds from every prejudice that may have arisen from a foregone

partial opinion, and come uninfluenced by it as to a new cause. This, we

know, is the glory of the great lawyers who have presided and do preside

in the tribunals of this country; but we know, at the same time, that

those opinions (which they in their own mind reject, unless supported

afterwards by clear and authentic testimony) do weigh upon the rest of

mankind at least: for it is impossible to separate the opinion of a

great and learned man from some consideration of the person who has

delivered that opinion.

Mr. Hastings, being conscious of this, and not fearing the tribunal

abroad for the reason that I gave you, namely, his belief that it was

not very adverse to him, and also knowing that the prosecution there was

dropped, had but one thing left for his consideration, which was, how he

should conflict with the tribunal at home: and as the prosecution must

originate from the Court of Directors, and be authorized by some great

law opinions, the great point with him was, some way or other, by his

party, I will not say by what means or circumstances, but by some party

means, to secure a strong interest in the executive part of the India

House. My Lords, was that interest used properly and fairly? I will not

say that friendship and partiality imply injustice; they certainly do

not; but they do not imply justice. The Court of Directors took up this

affair with great warmth; they committed it to their solicitor, and the

solicitor would naturally (as most solicitors do) draw up a case a

little favorably for the persons that employed him; and if there was any

leaning, which upon my word I do not approve in the management of any

cause whatever, yet, if there was a leaning, it must be a leaning for

the client.

Now the counsel did not give a decided opinion against the prosecution,

but upon the face of the case they expressed great doubts upon it; for,

with such a strange, disorderly, imperfect, and confused case as was

laid before them, they could not advise a prosecution; and in my opinion

they went no further. And, indeed, upon that case that went before them,

I, who am authorized by the Commons to prosecute, do admit that a great

doubt might lie upon the most deciding mind, whether, under the

circumstances there stated, a prosecution could be or ought to be

pursued. I do not say which way my mind would have turned, upon that

very imperfect state of the case; but I still allow so much to their

very great ability, great minds, and sound judgment, that I am not sure,

if it was _res integra_, I would not have rather hesitated myself (who

am now here an accuser) what judgment to give.

It does happen that there are very singular circumstances in this

business, to which your Lordships will advert; and you will consider

what weight they ought to have upon your Lordships' minds. The person

who is now the solicitor of the Company is a very respectable man in the

profession,--Mr. Smith; he was at that time also the Company's

solicitor, and he has since appeared in this cause as Mr. Hastings's

solicitor. Now there is something particular in a man's being the

solicitor to a party who was prosecuting another, and continuing

afterwards in his office, and becoming the solicitor to the party

prosecuted. It would be nearly as strange as if our solicitor were to be

the solicitor of Mr. Hastings in this prosecution and trial before your

Lordships. It is true, that we cannot make out, nor do we attempt to

prove, that Mr. Smith was at that time actually Mr. Hastings's

solicitor: all that we shall attempt to make out is, that the case he

produced was just such a case as a solicitor anxious for the

preservation of his client, and not anxious for the prosecution, would

have made out.

My Lords, I have next to remark, that the opinion which the counsel gave

in this case, namely, a very doubtful opinion, accompanied with strong

censure of the manner in which the case was stated, was drawn from them

by a case in which I charge that there were _misrepresentation_,

_suppression_, and _falsification_.

Now, my Lords, in making this charge I am in a very awkward and

unpleasant situation; but it is a situation in which, with all the

disagreeable circumstances attending it, I must proceed. I am, in this

business, obliged to name many men: I do not name them wantonly, but

from the absolute necessity, as your Lordships will see, of the case. I

do not mean to reflect upon this gentleman: I believe, at the time when

he made this case, and especially the article which I state as a

_falsification_, he must have trusted to some of the servants of the

Company, who were but young in their service at that time. There was a

very great error committed; but by whom, or how, your Lordships in the

course of this inquiry will find. What I charge first is, that the case

was improperly stated; secondly, that it was partially stated; and that

afterwards a further report was made upon reference to the same officer

in the committee. Now, my Lords, of the three charges which I have made,

the two former, namely, the misrepresentation and suppression, were

applicable to the case; but all the three, misrepresentation,

suppression, and falsification, were applicable to the report.

This I say in vindication of the opinions given, and for the

satisfaction of the public, who may be imposed upon by them. I wish the

word to be understood. When I say _imposed_, I always mean by it the

weight and authority carried: a meaning which this word, perhaps, has

not got yet thoroughly in the English language; but in a neighboring

language _imposing_ means, that it weighs upon men's minds with a

sovereign authority. To say that the opinions of learned men, though

even thus obtained, may not have weight with this court, or with any

court, is a kind of compliment I cannot pay to them at the expense of

that common nature in which I and all human beings are involved.

He states in the case the covenants and the salary of Mr. Hastings, and

his emoluments, very fairly. I do not object to any part of that. He

then proceeds to state very partially the business upon which the

Committee of Circuit went, and without opening whose conduct we cannot

fully bring before you this charge of bribery. He then states, "that, an

inquiry having been made by the present Supreme Council of Bengal

respecting the conduct of the members of the last administration,

several charges have been made, stating moneys very improperly received

by Mr. Hastings during the time of the late administration: amongst

these is one of his having received 150,000 rupees of Munny Begum, the

guardian of the Nabob, who is an infant."

In this statement of the case everything is put out of its true place.

Mr. Hastings was not charged with receiving a lac and a half of rupees

from Munny Begum, the guardian of the Nabob,--for she was not then his

guardian; but he was charged with receiving a lac and a half of rupees

for removing the Nabob's own mother, who was his natural guardian, and

substituting this step-mother, who was a prostitute, in her place;

whereas here it supposes he found her a guardian, and that she had made

him a present, which alters the whole nature of the case. The case, in

the recital of the charge, sets out with what every one of your

Lordships knows now not to be the truth of the fact, nor the thing that

in itself implies the criminality: he ought to have stated that in the

beginning of the business. The suppressions in the recital are amazing.

He states an inquiry having been made by the Supreme Council of Bengal

respecting the conduct of the members of the last administration. That

inquiry was made in consequence of the charge, and not the charge

brought forward, as they would have it believed, in consequence of the

inquiry. There is no mention that that inquiry had been expressly

ordered by the Court of Directors; but it is stated as though it was a

voluntary inquiry. Now there is always something doubtful in voluntary

inquiries with regard to the people concerned. He then supposes, upon

this inquiry, that to be the charge which is not the charge at all. The

crime, as I have stated, consisted of two distinct parts, but both

inferring the same corruption: the first, two lac of rupees taken

expressly for the nomination of this woman to this place; and the other,

one lac and a half of rupees, in effect for the same purpose, but under

the name and color of an entertainment. The drawer of the case, finding

that in the one case, namely, the two lac of rupees, the evidence was

more weak, but that no justification could be set up,--finding in the

other, the lac and a half of rupees, the proof strong and not to be

resisted, but that some justification was to be found for it, lays aside

the charge of the two lac totally; and the evidence belonging to it,

which was considered as rather weak, is applied to the other charge of a

lac and a half, the proof of which upon its own evidence was

irresistible.

My speech I hope your Lordships consider as only pointing out to your

attention these particulars. Your Lordships will see it exemplified

throughout the whole, that, when there is evidence (for some evidence is

brought) that does belong to the lac and a half, it is entirely passed

by, the most material circumstances are weakened, the whole strength and

force of them taken away. Every one knows how true it is of evidence,

_juncta juvant_: but here everything is broken and smashed to pieces,

and nothing but disorder appears through the whole. For your Lordships

will observe that the proof that belongs to one thing is put as

belonging to another, and the proof of the other brought in a weak and

imperfect manner in the rear of the first, and with every kind of

observation to rebut and weaken it; and when this evidence is produced,

which appears inapplicable almost in all the parts, in many doubtful,

confused, and perplexed, and in some even contradictory, (which it will

be when the evidence to one thing is brought to apply and bear upon

another,) good hopes were entertained in consequence that that would

happen which in part did happen, namely, that the counsel, distracted

and confused, and finding no satisfaction in the case, could not advise

a prosecution.

The Works of the Right Honourable Edmund Burke, Vol. 10 (of 12) · 第 17 / 31 段