But what is still more material and weighty, many particulars are

suppressed in this case, and still more in the report; and turning from

the case to the proceedings of the persons who are supposed to have the

management of the inquiry, they bring forward, as an appendix to this

case, Mr. Hastings's own invectives and charge against these persons, at

the very same time that they suppress and do not bring forward, either

in the charge or upon the report, what the other party have said in

their own justification. The consequence of this management was, that a

body of evidence which would have made this case the clearest in the

world, and which I hope we shall make to appear so to your Lordships,

was rendered for the most part inapplicable, and the whole puzzled and

confused: I say, for the most part, for some parts did apply, but

miserably applied, to the case. From their own state of the case they

would have it inferred that the fault was not in their way of

representing it, but in the infirmity, confusion, and disorder of the

proofs themselves; but this, I trust we shall satisfy you, is by no

means the case. I rest, however, upon the proof of partiality in this

business, of the imposition upon the counsel, whether designed or not,

and of the bias given by adding an appendix with Mr. Hastings's own

remarks upon the case, without giving the reasons of the other parties

for their conduct. Now, if there was nothing else than the fallacious

recital, and afterwards the suppression, I believe any rational and

sober man would see perfect, good, and sufficient ground for laying

aside any authority that can be derived from the opinions of persons,

though of the first character (and I am sure no man living does more

homage to their learning, impartiality, and understanding than I do):

first, because the statement of the case has thrown the whole into

confusion; and secondly, as to the matter added as an appendix, which

gives the representation of the delinquent and omits the representation

of his prosecutors, it is observed very properly and very wisely by one

of the great men before whom this evidence was laid, that "the evidence,

as it is here stated, is still more defective, if the appendix is

adopted by the Directors and meant to make a part of the case; for that

throws discredit upon all the information so collected." Certainly it

does; for, if the delinquent party, who is to be prosecuted, be heard

with his own representation of the case, and that of his prosecutors be

suppressed, he is master both of the lawyers and of the mind of mankind.

My Lords, I have here attempted to point out the extreme inconsistencies

and defects of this proceeding; and I wish your Lordships to consider,

with respect to these proceedings of the India House in their

prosecutions, that it is in the power of some of their officers to make

statements in the manner that I have described, then to obtain the names

of great lawyers, and under their sanction to carry the accused through

the world as acquitted.

These are the material circumstances which will be submitted to your

Lordships' sober consideration in the course of this inquiry. I have now

stated them on these two accounts: first, to rebut the reason which Mr.

Hastings has assigned for not giving any satisfaction to the Court of

Directors, namely, because they did not want it, having dropped a

prosecution upon great authorities and opinions; and next, to show your

Lordships how a business begun in bribery is to be supported only by

fraud, deceit, and collusion, and how the receiving of bribes by a

Governor-General of Bengal tends to taint the whole service from

beginning to end, both at home and abroad.

But though upon the partial case that was presented to them these great

lawyers did not advise a prosecution, and though even upon a full

representation of a case a lawyer might think that a man ought not to be

prosecuted, yet he may consider him to be the vilest man upon earth. We

know men are acquitted in the great tribunals in which several Lords of

this country have presided, and who perhaps ought not to have been

brought there and prosecuted before them, and yet about whose

delinquency there could be no doubt. But though we have here sufficient

reason to justify the great lawyers whose names and authorities are

produced, yet Mr. Hastings has extended that authority beyond the length

of their opinions. For, being no longer under the terror of the law,

which, he said, restrained him from making his defence, he was then

bound to give that satisfaction to his masters and the world which every

man in honor is bound to do, when a grave accusation is brought against

him. But this business of the law I wish to sleep from this moment, till

the time when it shall come before you; though I suspect, and have had

reason (sitting in committees in the House of Commons) to believe, that

there was in the India House a bond of iniquity, somewhere or other,

which was able to impose in the first instance upon the solicitor, the

guilt of which, being of another nature, I shall state hereafter, that

your Lordships may be able to discover through whose means and whose

fraud Mr. Hastings obtained these opinions.

If, however, all the great lawyers had been unanimous upon that

occasion, still it would have been necessary for Mr. Hastings to say, "I

cannot, according to my opinion, be brought to give an account in a

court of justice, and I have got great lawyers to declare, that, upon

the case laid before them, they cannot advise a prosecution; but now is

the time for me to come forward, and, being no longer in fear that my

defence may be turned against me, I will produce my defence for the

satisfaction of my masters and the vindication of my own character." But

besides this doubtful opinion (for I believe your Lordships will find it

no better than a doubtful opinion) given by persons for whom I have the

highest honor, and given with a strong censure upon the state of the

case, there were also some great lawyers, men of great authority in the

kingdom, who gave a full and decided opinion that a prosecution ought to

be instituted against him; but the Court of Directors decided otherwise,

they overruled those opinions, and acted upon the opinions in favor of

Mr. Hastings. When, therefore, he knew that the great men in the law

were divided upon the propriety of a prosecution, but that the Directors

had decided in his favor, he was the more strongly bound to enter into a

justification of his conduct.

But there was another great reason which should have induced him to do

this. One great lawyer, known to many of your Lordships, Mr. Sayer, a

very honest, intelligent man, who had long served the Company and well

knew their affairs, had given an opinion concerning Mr. Hastings's

conduct in stopping these prosecutions. There was an abstract question

put to Mr. Sayer, and other great lawyers, separated from many of the

circumstances of this business, concerning a point which incidentally

arose; and this was, whether Mr. Hastings, as Governor-General, had a

power so to dissolve the Council, that, if he declared it dissolved,

they could not sit and do any legal and regular act. It was a great

question with the lawyers at the time, and there was a difference of

opinion on it. Mr. Sayer was one of those who were inclined to be of

opinion that the Governor-General had a power of dissolving the Council,

and that the Council could not legally sit after such dissolution. But

what was his remark upon Mr. Hastings's conduct?--and you must suppose

his remark of more weight, because, upon the abstract question, he had

given his opinion in favor of Mr. Hastings's judgment. "The meeting of

the Council depends on the pleasure of the Governor; and I think the

duration of it must do so, too. But it was as great a crime to dissolve

the Council upon base and sinister motives as it would be to assume the

power of dissolving, if he had it not. I believe he is the first

Governor that ever dissolved a Council inquiring into his behavior, when

he was innocent. Before he could summon three Councils and dissolve

them, he had time fully to consider what would be the result of such

conduct, _to convince everybody, beyond a doubt, of his conscious

guilt_."

Mr. Sayer, then, among other learned people, (and if he had not been the

man that I have described, yet, from his intimate connection with the

Company, his opinion must be supposed to have great weight,) having used

expressions as strong as the persons who have ever criminated Mr.

Hastings most for the worst of his crimes have ever used to qualify and

describe them, and having ascribed his conduct to base and sinister

motives, he was bound upon that occasion to justify that strong conduct,

allowed to be legal, and charged at the same time to be violent. Mr.

Hastings was obliged then to produce something in his justification. He

never did. Therefore, for all the reasons assigned by himself, drawn

from the circumstances of prosecution and non-prosecution, and from

opinions of lawyers and colleagues, the Court of Directors at the same

time censuring his conduct, and strongly applauding the conduct of those

who were adverse to him, Mr. Hastings was, I say, from those accumulated

circumstances, bound to get rid of the infamy of a conduct which could

be attributed to nothing but base and sinister motives, and which could

have no effect but to convince men of his consciousness that he was

guilty. From all these circumstances I infer that no man could have

endured this load of infamy, and to this time have given no explanation

of his conduct, unless for the reason which this learned counsel gives,

and which your Lordships and the world will give, namely, his conscious

guilt.

After leaving upon your minds that presumption, not to operate without

proof, but to operate along with the proof, (though, I take it, there

are some presumptions that go the full length of proof,) I shall not

press it to the length to which I think it would go, but use it only as

auxiliary, assisting, and compurgatory of all the other evidences that

go along with it.

There is another circumstance which must come before your Lordships in

this business. If you find that Mr. Hastings has received the two lac of

rupees, then you will find that he was guilty, without color or pretext

of any kind whatever, of acting in violation of his covenant, of acting

in violation of the laws, and all the rules of honor and conscience. If

you find that he has taken the lac and a half, which he admits, but

which he justifies under the pretence of an entertainment, I shall beg

to say something to your Lordships concerning that justification.

The justification set up is, that he went up from Calcutta to

Moorshedabad, and paid a visit of three months, and that there an

allowance was made to him of two hundred pounds a day in lieu of an

entertainment. Now, my Lords, I leave it to you to determine, if there

was such a custom, whether or no his covenant justifies his conformity

with it. I remember Lord Coke, talking of the Brehon law in Ireland,

says it is no law, but a lewd custom. A governor is to conform himself

to the laws of his own country, to the stipulations of those that employ

him, and not to the lewd customs of any other country: those customs are

more honored in the breach than in the observance. If Mr. Hastings was

really feasted and entertained with the magnificence of the country, if

there was an entertainment of dancing-girls brought out to amuse him in

his leisure hours, if he was feasted with the hookah and every other

luxury, there is something to be said for him, though I should not

justify a Governor-General wasting his days in that manner. But in fact

here was no entertainment that could amount to such a sum; and he has

nowhere proved the existence of such a custom.

But if such a custom did exist, which I contend is more honored in the

breach than in the observance, that custom is capable of being abused to

the grossest extortion; and that it was so abused will strike your

Lordships' minds in such a manner that I hardly need detail the

circumstances of it. What! two hundred pounds to be given to a man for

one day's entertainment? If there is an end of it there, it ruins

nobody, and cannot be supposed, to a great degree, to corrupt anybody;

but when that entertainment is renewed day after day for three months,

it is no longer a compliment to the man, but a great pecuniary

advantage, and, on the other hand, to the person giving it, a grievous,

an intolerable burden. It then becomes a matter of the most serious and

dreadful extortion, tending to hinder the people who give it not only

from giving entertainment, but from having bread to eat themselves.

Therefore, if any such entertainment was customary, the custom was

perverted by the abuse of its being continued for three months together.

It was longer than Ahasuerus's feast. There is a feast of reason and a

flow of soul; but Mr. Hastings's feast was a feast of avarice and a flow

of money. No wonder he was unwilling to rise from such a table: he

continued to sit at that table for three months.

In his covenant he is forbidden expressly to take any allowance above

400_l._, and forbidden to take any allowance above 100_l._, without the

knowledge, consent, and approbation of the Council to which he belongs.

Now he takes 16,000_l._, not only without the consent of the Council,

but without their knowledge,--without the knowledge of any other human

being: it is kept hid in the darkest and most secret recesses of his own

black agents and confidants, and those of Munny Begum. Why is it a

secret? Hospitality, generosity, virtues of that kind, are full of

display; there is an ostentation, a pomp, in them; they want to be shown

to the world, not concealed. The concealment of acts of charity is what

makes them acceptable in the eyes of Him with regard to whom there can

be no concealment; but acts of corruption are kept secret, not to keep

them secret from the eye of Him, whom the person that observes the

secrecy does not fear, nor perhaps believe in, but to keep them secret

from the eyes of mankind, whose opinions he does fear, in the immediate

effect of them, and in their future consequences. Therefore he had but

one reason to keep this so dark and profound a secret, till it was

dragged into day in spite of him; he had no reason to keep it a secret,

but his knowing it was a proceeding that could not bear the light.

Charity is the only virtue that I ever heard of that derives from its

retirement any part of its lustre; the others require to be spread

abroad in the face of day. Such candles should not be hid under a

bushel, and, like the illuminations which men light up when they mean to

express great joy and great magnificence for a great event, their very

splendor is a part of their excellence. We upon our feasts light up this

whole capital city; we in our feasts invite all the world to partake

them. Mr. Hastings feasts in the dark; Mr. Hastings feasts alone; Mr.

Hastings feasts like a wild beast; he growls in the corner over the

dying and the dead, like the tigers of that country, who drag their prey

into the jungles. Nobody knows of it, till he is brought into judgment

for the flock he has destroyed. His is the entertainment of Tantalus; it

is an entertainment from which the sun hid his light.

But was it an entertainment upon a visit? Was Mr. Hastings upon a visit?

No: he was executing a commission for the Company in a village in the

neighborhood of Moorshedabad, and by no means upon a visit to the Nabob.

On the contrary, he was upon something that might be more properly

called a _visitation_. He came as a heavy calamity, like a famine or a

pestilence on a country; he came there to do the severest act in the

world,--as he himself expresses, to take the bread, literally the bread,

from above a thousand of the nobles of the country, and to reduce them

to a situation which no man can hear of without shuddering. When you

consider, that, while he was thus entertained himself, he was famishing

fourteen hundred of the nobility and gentry of the country, you will not

conceive it to be any extenuation of his crimes, that he was there, not

upon a visit, but upon a duty, the harshest that could be executed, both

to the persons who executed and the people who suffered from it.

It is mentioned and supposed in the observations upon this case, though

no circumstances relative to the persons or the nature of the visit are

stated, that this expense was something which he might have charged to

the Company and did not. It is first supposed by the learned counsel who

made the observation, that it was a public, allowed, and acknowledged

thing; then, that he had not charged the Company anything for it. I have

looked into that business. In the first place, I see no such custom; and

if there was such a custom, there was the most abusive misemployment of

it. I find that in that year there was paid from the Company's cash

account to the Governor's travelling charges (and he had no other

journey at that end of the year) thirty thousand rupees, which is about

3,000_l._; and when we consider that he was in the receipt of near

30,000_l._, besides the nuzzers, which amount to several thousand a

year, and that he is allowed 3,000_l._ by the Company for his travelling

expenses, is it right to charge upon the miserable people whom he was

defrauding of their bread 16,000_l._ for his entertainment?

I find that there are also other great sums relative to the expenses of

the Committee of Circuit, which he was upon. How much of them is

applicable to him I know not. I say, that the allowance of three

thousand pounds was noble and liberal; for it is not above a day or

two's journey to Moorshedabad, and by his taking his road by Kishenagur

he could not be longer. He had a salary to live upon, and he must live

somewhere; and he was actually paid three thousand pounds for travelling

charges for three months, which was at the rate of twelve thousand

pounds a year: a large and abundant sum.

If you once admit that a man for an entertainment shall take sixteen

thousand pounds, there never will be any bribe, any corruption, that may

not be justified: the corrupt man has nothing to do but to make a visit,

and then that very moment he may receive any sum under the name of this

entertainment; that moment his covenants are annulled, his bonds and

obligations destroyed, the act of Parliament repealed, and it is no

longer bribery, it is no longer corruption, it is no longer peculation;

it is nothing but thanks for obliging inquiries, and a compliment

according to the mode of the country, by which he makes his fortune.

What hinders him from renewing that visit? If you support this

distinction, you will teach the Governor-General, instead of attending

his business at the capital, to make journeys through the country,

putting every great man of that country under the most ruinous

contributions; and as this custom is in no manner confined to the

Governor-General, but extends, as it must upon that principle, to every

servant of the Company in any station whatever, then, if each of them

were to receive an entertainment, I will venture to say that the

greatest ravage of an hostile army could not, indeed, destroy the

country more entirely than the Company's servants by such visits.

Your Lordships will see that there are grounds for suspicion, not

supported with the same evidence, but with evidence of great

probability, that there was another entertainment given at the expense

of another lac of rupees; and there is also great probability that Mr.

Hastings received two lac of rupees, and Mr. Middleton another lac. The

whole of the Nabob's revenues would have been exhausted by these two

men, if they had stayed there a whole year: and they stayed three

months. Nothing will be secured from the Company's servants, so long as

they can find, under this name, or under pretence of any corrupt custom

of the country, a vicious excuse for this corrupt practice. The excuse

is worse than the thing itself. I leave it, then, with your judgment to

decide whether you will or not, if this justification comes before you,

establish a principle which would put all Bengal in a worse situation

than an hostile army could do, and ruin all the Company's servants by

sending them from their duty to go round robbing the whole country under

the name of entertainments.

My Lords, I have now done with this first part,--namely, the presumption

arising from his refusal to make any defence, on pretence that the

charge brought against him might be referred to a court of justice, and

from the non-performance of his promise to give satisfaction to his

employers,--and when that pretence was removed, still refusing to give

that satisfaction, though suffering as he did under a load of infamy and

obloquy, and though urged to give it by persons of the greatest

character. I have stated this to your Lordships as the strongest

presumption of guilt, and that this presumption is strengthened by the

very excuse which he fabricated for a part of his bribes, when he knew

that the proof of them was irresistible, and that this excuse is a high

aggravation of his guilt,--that this excuse is not supported by law,

that it is not supported by reason, that it does not stand with his

covenant, but carries with it a manifest proof of corruption, and that

it cannot be justified by any principle, custom, or usage whatever. My

Lords, I say I have done with the presumption arising from his conduct

as it regarded the fact specifically charged against him, and with

respect to the relation he stood in to the Court of Directors, and from

the attempt he made to justify that conduct. I believe your Lordships

will think both one and the other strong presumptions of his

criminality, and of his knowledge that the act he was doing was

criminal.

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