I am here to remark to your Lordships, that the last of these petitions begins by stating, "I before this have had the honor of addressing several arzees to your presence; but, from my unfortunate state, not one of them has been perused by your Highness." My Lords, if there is any one right secured to the subject, it is that of presenting a petition and having that petition noticed. This right grows in importance in proportion to the power and despotic nature of the governments to which the petitioner is subject: for where there is no sort of remedy from any fixed laws, nothing remains but complaint, and prayers, and petitions. This was the case in Benares: for Mr. Hastings had destroyed every trace of law, leaving only the police of the single city of Benares. Still we find this complaint, prayer, and petition was not the first, but only one of many, which Mr. Hastings took no notice of, entirely despised, and never would suffer to be produced to the Council; which never knew anything, until this bundle of papers came before them, of the complaint of Mr. Markham against Durbege Sing, or of the complaint of Durbege Sing against Mr. Markham.

Observe, my Lords, the person that put Durbege Sing in prison was Mr. Markham; while the complaint in the arzee is, that Mr. Markham was himself the cause of the very failure for which he imprisoned him. Now what was the conduct of Mr. Hastings as judge? He has two persons before him: the one in the ostensible care of the revenue of the country; the other his own agent, acting under his authority. The first is accused by the second of default in his payments; the latter is complained of by the former, who says that the occasion of the accusation had been furnished by him, the accuser. The judge, instead of granting redress, dismisses the complaints against Mr. Markham with reprehension, and sends the complainant to rot in prison, without making one inquiry, or giving himself the trouble of stating to Mr. Markham the complaints against him, and desiring him to clear himself from them. My Lords, if there were nothing but this to mark the treacherous and perfidious nature of his conduct, this would be sufficient.

In this state of things, Mr. Hastings thus writes.

"To Mr. Markham. The measures which you have taken with Baboo Durbege Sing are perfectly right and proper, so far as they go; and we now direct that you exact from him, with the utmost rigor, every rupee of the collections which it shall appear that he has made and not brought to account, and either confine him at Benares, or send him prisoner to Chunar, and keep him in confinement until he shall have discharged the whole of the amount due from him."

He here employs the very person against whom the complaint is made to imprison the complainant. He approves the conduct of his agent without having heard his defence, and leaves him, at his option, to keep his victim a prisoner at Benares, or to imprison him in the fortress of Chunar, the infernal place to which he sends the persons whom he has a mind to extort money from.

Your Lordships will be curious to know how this debt of Durbege Sing stood at the time of his imprisonment. I will state the matter to your Lordships briefly, and in plain language, referring you for the particulars of the account to the papers which are in your Minutes. It appears from them, that, towards the end of the yearly account in 1782, a kist or payment of eight lacs (about 80,000l.), the balance of the annual tribute, was due. In part of this kist, Durbege Sing paid two lacs (20,000l.). Of the remaining six lacs (60,000l.), the outstanding debts in the country due to the revenue, but not collected by the Naib, amounted to four lacs (40,000l.). Thus far the account is not controverted by the accusing party. But Mr. Markham asserts that he shall be able to prove that the Naib had also actually received the other two lacs (20,000l.), and consequently was an actual defaulter to that amount, and had, upon the whole, suffered the annual tribute to fall six lacs in arrear. The Naib denies the receipt of the two lacs just mentioned, and challenges inquiry; but no inquiries appear to have been made, and to this hour Mr. Markham has produced no proof of the fact. With respect to the arrear of the tribute money which appeared on the balance of the whole account, the Naib defended himself by alleging the distresses of the country, the diminution of his authority, and the want of support from the supreme government in the collection of the revenues; and he asserts that he has assets sufficient, if time and power be allowed him for collecting them, to discharge the whole balance due to the Company. The immediate payment of the whole balance was demanded, and Durbege Sing, unable to comply with the demand, was sent to prison. Thus stood the business, when Mr. Markham, soon after he had sent the Naib to prison, quitted the Residency. He was succeeded by Mr. Benn, who acted exactly upon the same principle. He declares that the six lacs demanded were not demanded upon the principle of its having been actually collected by him, but upon the principle of his having agreed to pay it. "We have," say Mr. Hastings's agents to the Naib, "we have a Jew's bond. If it is in your bond, we will have it, or we will have a pound of your flesh: whether you have received it or not is no business of ours." About this time some hopes were entertained by the Resident that the Naib's personal exertions in collecting the arrears of the tribute might be useful. These hopes procured him a short liberation from his confinement. He was let out of prison, and appears to have made another payment of half a lac of rupees. Still the terms of the bond were insisted on, although Mr. Hastings had allowed that these terms were extravagant, and only one lac and a half of the money which had been actually received remained unpaid. One would think that common charity, that common decency, that common regard to the decorum of life would, under such circumstances, have hindered Mr. Hastings from imprisoning him again. But, my Lords, he was imprisoned again; he continued in prison till Mr. Hastings quitted the country; and there he soon after died,—a victim to the enormous oppression which has been detailed to your Lordships.

It appears that in the mean time the Residents had been using other means for recovering the balance due to the Company. The family of the Rajah had not been paid one shilling of the 60,000l., allowed for their maintenance. They were obliged to mortgage their own hereditary estates for their support, while the Residents confiscated all the property of Durbege Sing. Of the money thus obtained what account has been given? None, my Lords, none. It must therefore have been disposed of in some abominably corrupt way or other, while this miserable victim of Mr. Hastings was left to perish in a prison, after he had been elevated to the highest rank in the country.

But, without doubt, they found abundance of effects after his death? No, my Lords, they did not find anything. They ransacked his house; they examined all his accounts, every paper that he had, in and out of prison. They searched and scrutinized everything. They had every penny of his fortune, and I believe, though I cannot with certainty know, that the man died insolvent; and it was not pretended that he had ever applied to his own use any part of the Company's money.

Thus Durbege Sing is gone; this tragedy is finished; a second Rajah of Benares has been destroyed. I do not speak of that miserable puppet who was said by Mr. Hastings to be in a state of childhood when arrived at manhood, but of the person who represented the dignity of the family. He is gone; he is swept away; and in his name, in the name of this devoted Durbege Sing, in the name of his afflicted family, in the name of the people of the country thus oppressed by an usurped authority, in the name of all these, respecting whom justice has been thus outraged, we call upon your Lordships for justice.

We are now at the commencement of a new order of things. Mr. Markham had been authorized to appoint whoever he pleased as Naib, with the exception of Ussaun Sing. He accordingly exercises this power, and chooses a person called Jagher Deo Seo. From the time of the confinement of Durbege Sing to the time of this man's being put into the government, in whose hands were the revenues of the country? Mr. Markham himself has told you, at your bar, that they were in his hands,—that he was the person who not only named this man, but that he had the sole management of the revenues; and he was, of course, answerable for them all that time. The nominal title of Zemindar was still left to the miserable pageant who held it; but even the very name soon fell entirely out of use. It is in evidence before your Lordships that his name is not even so much as mentioned in the proceedings of the government; and that the person who really governed was not the ostensible Jagher Deo Seo, but Mr. Markham. The government, therefore, was taken completely and entirely out of the hands of the person who had a legal right to administer it,—out of the hands of his guardians,—out of the hands of his mother,—out of the hands of his nearest relations,—and, in short, of all those who, in the common course of things, ought to have been intrusted with it. From all such persons, I say, it was taken: and where, my Lords, was it deposited? Why, in the hands of a man of whom we know nothing, and of whom we never heard anything, before we heard that Mr. Markham, of his own usurped authority, authorized by the usurped authority of Mr. Hastings, without the least communication with the Council, had put him in possession of that country.

Mr. Markham himself, as I have just said, administered the revenues alone, without the smallest authority for so doing, without the least knowledge of the Council, till Jagher Deo Seo was appointed Naib. Did he then give up his authority? No such thing. All the measures of Jagher Deo Seo's government were taken with the concurrence and joint management of Mr. Markham. He conducted the whole; the settlements were made, the leases and agreements with farmers all regulated by him. I need not tell you, I believe, that Jagher Deo Seo was not a person of very much authority in the case: your Lordships would laugh at me, if I said he was. The revenue arrangements were, I firmly believe, regulated and made by Mr. Markham. But whether they were or were not, it comes to the same thing. If they were improperly made and improperly conducted, Mr. Hastings is responsible for the whole of the mismanagement; for he gave the entire control to a person who had little experience, who was young in the world (and this is the excuse I wish to make for a gentleman of that age). He appointed him, and gave him at large a discretionary authority to name whom he pleased to be the ostensible Naib; but we know that he took the principal part himself in all his settlements and in all his proceedings.

Soon after the Naib had been thus appointed and instructed by Mr. Markham, he settled, under his directions, the administration of the country. Mr. Markham then desires leave from Mr. Hastings to go down to Calcutta. I imagine he never returned to Benares; he comes to Europe; and here end the acts of this viceroy and delegate.

Let us now begin the reign of Mr. Benn and Mr. Fowke. These gentlemen had just the same power delegated to them that Mr. Markham possessed,—not one jot less, that I know of; and they were therefore responsible, and ought to have been called to an account by Mr. Hastings for every part of their proceedings. I will not give you my own account of the reign of these gentlemen; but I will read to you what Mr. Hastings has thought proper to represent the state of the people to be under their government. This course will save your Lordships time and trouble; for it will nearly supersede all observations of mine upon the subject. I hold in my hand Mr. Hastings's representation of the effects produced by a government which was conceived by himself, carried into effect by himself, and illegally invested by him with illegal powers, without any security or responsibility of any kind. Hear, I say, what an account Mr. Hastings gave, when he afterwards went up to Benares upon another wicked project, and think what ought to have been his feelings as he looked upon the ruin he had occasioned. Think of the condition in which he saw Benares the first day he entered it. He then saw it beautiful, ornamented, rich,—an object that envy would have shed tears over for its prosperity, that humanity would have beheld with eyes glistening with joy for the comfort and happiness which were there enjoyed by man: a country flourishing in cultivation to such a degree that the soldiers were obliged to march in single files through the fields of corn, to avoid damaging them; a country in which Mr. Stables has stated that the villages were thick beyond all expression; a country where the people pressed round their sovereign, as Mr. Stables also told you, with joy, triumph, and satisfaction. Such was the country; and in such a state and under such a master was it, when he first saw it. See what it now is under Warren Hastings; see what it is under the British government; and then judge whether the Commons are or are not right in pressing the subject upon your Lordships for your decision, and letting you and all this great auditory know what sort of a criminal you have before you, who has had the impudence to represent to your Lordships at your bar that Benares is in a flourishing condition, in defiance of the evidence which we have under his own hands, and who, in all the false papers that have been circulated to debauch the public opinion, has stated that we, the Commons, have given a false representation as to the state of the country under the English government.

My Lords, you have now heard—not from the Managers, not from records of office, not from witnesses at your bar, but from the prisoner himself—the state of the country of Benares, from the time that Mr. Hastings and his delegated Residents had taken the management of it. My Lords, it is a proof, beyond all other proof, of the melancholy state of the country, in which, by attempting to exercise usurped and arbitrary power, all power and all authority become extinguished, complete anarchy takes place, and nothing of government appears but the means of robbing and ravaging, with an utter indisposition to take one step for the protection of the people.

Think, my Lords, what a triumphal progress it was for a British governor, from one extremity of the province to the other, (for so he has stated it,) to be pursued by the cries of an oppressed and ruined people, where they dared to appear before him,—and when they did not dare to appear, flying from every place, even the very magistrates being the first to fly! Think, my Lords, that, when these unhappy people saw the appearance of a British soldier, they fled as from a pestilence; and then think, that these were the people who labored in the manner which you have just heard, who dug their own wells, whose country would not produce anything but from the indefatigable industry of its inhabitants; and that such a meritorious, such an industrious people, should be subjected to such a cursed anarchy under pretence of revenue, to such a cursed tyranny under the pretence of government!

"But Jagher Deo Seo was unfit for his office."—"How dared you to appoint a man unfit for his office?"—"Oh, it signified little, without their having a constitution."—"Why did you destroy the official constitution that existed before? How dared you to destroy those establishments which enabled the people to dig wells and to cultivate the country like a garden, and then to leave the whole in the hands of your arbitrary and wicked Residents and their instruments, chosen without the least idea of government and without the least idea of protection?"

God has sometimes converted wickedness into madness; and it is to the credit of human reason, that men who are not in some degree mad are never capable of being in the highest degree wicked. The human faculties and reason are in such cases deranged; and therefore this man has been dragged by the just vengeance of Providence to make his own madness the discoverer of his own wicked, perfidious, and cursed machinations in that devoted country.

Think, my Lords, of what he says respecting the military. He says there is no restraining them,—that they pillage the country wherever they go. But had not Mr. Hastings himself just before encouraged the military to pillage the country? Did he not make the people's resistance, when the soldiers attempted to pillage them, one of the crimes of Cheyt Sing? And who would dare to obstruct the military in their abominable ravages, when they knew that one of the articles of Cheyt Sing's impeachment was his having suffered the people of the country, when plundered by these wicked soldiers, to return injury for injury and blow for blow? When they saw, I say, that these were the things for which Cheyt Sing was sacrificed, there was manifestly nothing left for them but flight.—What! fly from a Governor-General? You would expect he was bearing to the country, upon his balmy and healing wings, the cure of all its disorders and of all its distress. No: they knew him too well; they knew him to be the destroyer of the country; they knew him to be the destroyer of their sovereign, the destroyer of the persons whom he had appointed to govern under him; they knew that neither governor, sub-governor, nor subject could enjoy a moment's security while he possessed supreme power. This was the state of the country; and this the Commons of England call upon your Lordships to avenge.

Let us now see what is next done by the prisoner at your bar. He is satisfied with simply removing from his office Jagher Deo Seo, who is accused by him of all these corruptions and oppressions. The other poor, unfortunate man, who was not even accused of malversations in such a degree, and against whom not one of the accusations of oppression was regularly proved, but who had, in Mr. Hastings's eye, the one unpardonable fault of not having been made richer by his crimes, was twice imprisoned, and finally perished in prison. But we have never heard one word of the imprisonment of Jagher Deo Seo, who, I believe, after some mock inquiry, was acquitted.

Here, my Lords, I must beg you to recollect Mr. Hastings's proceeding with Gunga Govind Sing, and to contrast his conduct towards these two peculators with his proceeding towards Durbege Sing. Such a comparison will let your Lordships into the secret of one of the prisoner's motives of conduct upon such occasions. When you will find a man pillaging and desolating a country, in the manner Jagher Deo Seo is described by Mr. Hastings to have done, but who takes care to secure to himself the spoil, you will likewise find that such a man is safe, secure, unpunished. Your Lordships will recollect the desolation of Dinagepore. You will recollect that the rapacious Gunga Govind Sing, (the coadjutor of Mr. Hastings in peculation,) out of 80,000l. which he had received on the Company's account, retained 40,000l. for his own use, and that, instead of being turned out of his employment and treated with rigor and cruelty, he was elevated in Mr. Hastings's grace and favor, and never called upon for the restoration of a penny. Observe, my Lords, the difference in his treatment of men who have wealth to purchase impunity, or who have secrets to reveal, and of another who has no such merit, and is poor and insolvent.

We have shown your Lordships the effects of Mr. Hastings's government upon the country and its inhabitants; and although I have before suggested to you some of its effects upon the army of the Company, I will now call your attention to a few other observations on that subject. Your Lordships will, in the first place, be pleased to attend to the character which he gives of this army. You have heard what he tells you of the state of the country in which it was stationed, and of the terror which it struck into the inhabitants. The appearance of an English soldier was enough to strike the country people with affright and dismay: they everywhere, he tells you, fled before them. And yet they are the officers of this very army who are brought here as witnesses to express the general satisfaction of the people of India. To be sure, a man who never calls Englishmen to an account for any robbery or injury whatever, who acquits them, upon their good intentions, without any inquiry, will in return for this indemnity have their good words. We are not surprised to find them coming with emulation to your bar to declare him possessed of all virtues, and that nobody has or can have a right to complain of him. But we, my Lords, protest against these indemnities; we protest against their good words; we protest against their testimonials; and we insist upon your Lordships trying him, not upon what this or that officer says of his good conduct, but upon the proved result of the actions tried before you. Without ascribing, perhaps, much guilt to men who must naturally wish to favor the person who covers their excesses, who suffers their fortunes to be made, you will know what value to set upon their testimony. The Commons look on those testimonies with the greatest slight, and they consider as nothing all evidence given by persons who are interested in the very cause,—persons who derive their fortunes from the ruin of the very people of the country, and who have divided the spoils with the man whom we accuse. Undoubtedly these officers will give him their good word. Undoubtedly the Residents will give him their good word. Mr. Markham, and Mr. Benn, and Mr. Fowke, if he had been called, every servant of the Company, except some few, will give him the same good word, every one of them; because, my Lords, they have made their fortunes under him, and their conduct has not been inquired into.

But to return to the observations we were making upon the ruinous effects in general of the successive governments which had been established at Benares by the prisoner at your bar. These effects, he would have you believe, arose from the want of a constitution. Why, I again ask, did he destroy the constitution which he found established there, or suffer it to be destroyed? But he had actually authorized Mr. Markham to make a new, a regular, an official constitution. Did Mr. Markham make it? No: though he professed to do it; it never was done: and so far from there being any regular, able, efficient constitution, you see there was an absolute and complete anarchy in the country. The native inhabitants, deprived of their ancient government, were so far from looking up to their new masters for protection, that, the moment they saw the face of a soldier or of a British person in authority, they fled in dismay, and thought it more eligible to abandon their houses to robbery than to remain exposed to the tyranny of a British governor. Is this what they call British dominion? Will you sanction by your judicial authority transactions done in direct defiance of your legislative authority? Are they so injuriously mad as to suppose your Lordships can be corrupted to betray in your judicial capacity (the most sacred of the two) what you have ordained in your legislative character?

My Lords, I am next to remind you what this man has had the insolence and audacity to state at your bar. "In fact," says he, "I can adduce very many gentlemen now in London to confirm my assertions, that the countries of Benares and Gazipore were never within the memory of Englishmen so well protected, so peaceably governed, or more industriously cultivated than at the present moment."

Your Lordships know that this report of Mr. Hastings which has been read was made in the year 1784. Your Lordships know that no step was taken, while Mr. Hastings remained in India, for the regulation and management of the country. If there was, let it be shown. There was no constitution framed, nor any other means taken for the settlement of the country, except the appointment of Ajeet Sing in the room of Durbege Sing, to reign like him, and like him to be turned out. Mr. Hastings left India in February, 1785; he arrived here, as I believe, in June or July following. Our proceedings against him commenced in the sessions of 1786; and this defence was given, I believe, in the year 1787. Yet at that time, when he could hardly have received any account from India, he was ready, he says, to produce the evidence (and no doubt might have done so) of many gentlemen whose depositions would have directly contradicted what he had himself deposed of the state in which he, so short a time before, had left the country. Your Lordships cannot suppose that it could have recovered its prosperity within that time. We know you may destroy that in a day which will take up years to build; we know a tyrant can in a moment ruin and oppress: but you cannot restore the dead to life; you cannot in a moment restore fields to cultivation; you cannot, as you please, make the people in a moment restore old or dig new wells: and yet Mr. Hastings has dared to say to the Commons that he would produce persons to refute the account which we had fresh from himself. We will, however, undertake to show you that the direct contrary was the fact.

I will first refer you to Mr. Barlow's account of the state of trade. Your Lordships will there find a full exposure of the total falsehood of the prisoner's assertions. You will find that Mr. Hastings himself had been obliged to give orders for the change of almost every one of the regulations he had made. Your Lordships may there see the madness and folly of tyranny attempting to regulate trade. In the printed Minutes, page 2830, your Lordships will see how completely Mr. Hastings had ruined the trade of the country. You will find, that, wherever he pretended to redress the grievances which he had occasioned, he did not take care to have any one part of his pretended redress executed. When you consider the anarchy in which he states the country through which he passed to have been, you may easily conceive that regulations for the protection of trade, without the means of enforcing them, must be nugatory.

Mr. Barlow was sent, in the years 1786 and 1787, to examine into the state of the country. He has stated the effect of all those regulations, which Mr. Hastings has had the assurance to represent here as prodigies of wisdom. At the very time when our charge was brought to this House, (it is a remarkable period, and we desire your Lordships to advert to it,) at that time, I do not know whether it was not on the very same day that we brought our charge to your bar, Mr. Duncan was sent by Lord Cornwallis to examine into the state of that province. Now, my Lords, you have Mr. Duncan's report before you, and you will judge whether or not, by any regulation which Mr. Hastings had made, or whether through any means used by him, that country had recovered or was recovering. Your Lordships will there find other proofs of the audacious falsehood of his representation, that all which he had done had operated on the minds of the inhabitants very greatly in favor of British integrity and good government. Mr. Duncan's report will not only enable you to decide upon what he has said himself, it will likewise enable you to judge of the credit which is due to the gentlemen now in London whom he can produce to confirm his assertions, that the country of Benares and Gazipore were never, within the memory of Englishmen, so well protected and cultivated as at the present moment.

Instead, therefore, of a speech from me, you shall hear what the country says itself, by the report of the last commissioner who was sent to examine it by Lord Cornwallis. The perfect credibility of his testimony Mr. Hastings has established out of Lord Cornwallis's mouth, who, being asked the character of Mr. Jonathan Duncan, has declared that there is nothing he can report of the state of the country to which you ought not to give credit. Your Lordships will now see how deep the wounds are which tyranny and arbitrary power must make in a country where their existence is suffered; and you will be pleased to observe that this statement was made at a time when Mr. Hastings was amusing us with his account of Benares.

Your Lordships will observe, the date of the ruin of this country is the expulsion of Cheyt Sing.

Here your Lordships find, in spite of Mr. Hastings himself, in spite of all the testimonies which he has called, and of all the other testimonies which he would have called, that his own account of the matter is confirmed against his own pretended evidence; you find his own written account confirmed in a manner not to be doubted: and the only difference between his account and this is, that the people did not fly from Mr. Duncan, when he approached, as they fled from Mr. Hastings. They did not feel any of that terror at the approach of a person from the beneficent government of Lord Cornwallis with which they had been entirely filled at the appearance of the prisoner at your bar. From him they fled in dismay. They fled from his very presence, as from a consuming pestilence, as from something far worse than drought and famine; they fled from him as a cruel, corrupt, and arbitrary governor, which is worse than any other evil that ever afflicted mankind.

You see, my Lords, in what manner the country has been wasted and destroyed; and you have seen, by the date of these measures, that they have happened within a few years, namely, since the expulsion of Rajah Cheyt Sing. There begins the era of calamity. Ask yourselves, then, whether you will or can countenance the acts which led directly and necessarily to such consequences. Your Lordships will mark what it is to oppress and expel a cherished individual from his government, and finally to subvert it. Nothing stands after him; down go all order and authority with him; ruin and desolation fall upon the country; the fields are uncultivated, the wells are dried up. The people, says Mr. Duncan, promised, indeed, some time or other, under some other government, to do something. They will again cultivate the lands, when they can get an assurance of security. My Lords, judge, I pray you, whether the House of Commons, when they had read the account which Mr. Hastings has himself given of the dreadful consequences of his proceedings, when they had read the account given by Mr. Duncan of an uncultivated country as far as the eye could reach, would not have shown themselves unworthy to represent not only the Commons of Great Britain, but the meanest village in it, if they had not brought this great criminal before you, and called upon your Lordships to punish him. This ruined country, its desolate fields and its undone inhabitants, all call aloud for British justice, all call for vengeance upon the head of this execrable criminal.

Oh! but we ought to be tender towards his personal character,—extremely cautious in our speech; we ought not to let indignation loose.—My Lords, we do let our indignation loose; we cannot bear with patience this affliction of mankind. We will neither abate our energy, relax in our feelings, nor in the expressions which those feelings dictate. Nothing but corruption like his own could enable any man to see such a scene of desolation and ruin unmoved. We feel pity for the works of God and man; we feel horror for the debasement of human nature; and feeling thus, we give a loose to our indignation, and call upon your Lordships for justice.

Strange as it may appear to your Lordships, there remains to be stated an aggravation of his crimes, and of his victims' misery. Would you consider it possible, my Lords, that there could be an aggravation of such a case as you have heard? Would you think it possible for a people to suffer more than the inhabitants of Benares have suffered, from the noble possessor of the splendid mansion down to the miserable tenants of the cottage and the hut? Yes, there is a state of misery, a state of degradation, far below all that you have yet heard. It is, my Lords, that these miserable people should come to your Lordships' bar, and declare that they have never felt one of those grievances of which they complain; that not one of those petitions with which they pursued Mr. Hastings had a word of truth in it; that they felt nothing under his government but ease, tranquillity, joy, and happiness; that every day during his government was a festival, and every night an illumination and rejoicing. The addresses which contain these expressions of satisfaction have been produced at your bar, and have been read to your Lordships. You must have heard with disgust, at least, these flowers of Oriental rhetoric, penned at ease by dirty hireling moonshees at Calcutta, who make these people put their seals, not to declarations of their ruin, but to expressions of their satisfaction. You have heard what he himself says of the country; you have heard what Mr. Duncan says of it; you have heard the cries of the country itself calling for justice upon him: and now, my Lords, hear what he has made these people say. "We have heard that the gentlemen in England are displeased with Mr. Hastings, on suspicion that he oppressed us, the inhabitants of this place, took our money by deceit and force, and ruined the country." They then declare solemnly before God, according to their different religions, that Mr. Hastings "distributed protection and security to religion, and kindness and peace to all. He is free," say they, "from the charge of embezzlement and fraud, and his heart is void of covetousness and avidity. During the period of his government no one ever experienced from him other than protection and justice, never having felt hardships from him; nor did the poor ever know the weight of an oppressive hand from him. Our characters and reputation have been always guarded in quiet from attack, by the vigilance of his prudence and foresight, and by the terror of his justice."

Upon my word, my Lords, the paragraphs are delightful. Observe, in this translation from the Persian there is all the fluency of an English paragraph well preserved. All I can say is, that these people of Benares feel their joy, comfort, and satisfaction in swearing to the falseness of Mr. Hastings's representation against himself. In spite of his own testimony, they say, "He secured happiness and joy to us; he reëstablished the foundation of justice; and we at all times, during his government, lived in comfort and passed our days in peace." The shame of England and of the English government is here put upon your Lordships' records. Here you have, just following that afflicting report of Mr. Duncan's, and that account of Mr. Hastings himself, in which he said the inhabitants fled before his face, the addresses of these miserable people. He dares to impose upon your eyesight, upon your common sense, upon the plain faculties of mankind. He dares, in contradiction to all his own assertions, to make these people come forward and swear that they have enjoyed nothing but complete satisfaction and pleasure during the whole time of his government.

My Lords, I have done with this business, for I have now reached the climax of degradation and suffering, after moving step by step through the several stages of tyranny and oppression. I have done with it, and have only to ask, In what country do we live, where such a scene can by any possibility be offered to the public eye?

Let us here, my Lords, make a pause.—You have seen what Benares was under its native government. You have seen the condition in which it was left by Cheyt Sing, and you have seen the state in which Mr. Hastings left it. The rankling wounds which he has inflicted upon the country, and the degradation to which the inhabitants have been subjected, have been shown to your Lordships. You have now to consider whether or not you will fortify with your sanction any of the detestable principles upon which the prisoner justifies his enormities.

My Lords, we shall next come to another dependent province, when I shall illustrate to your Lordships still further the effects of Mr. Hastings's principles. I allude to the province of Oude,—a country which, before our acquaintance with it, was in the same happy and flourishing condition with Benares, and which dates its period of decline and misery from the time of our intermeddling with it. The Nabob of Oude was reduced, as Cheyt Sing was, to be a dependant on the Company, and to be a greater dependant than Cheyt Sing, because it was reserved in Cheyt Sing's agreement that we should not interfere in his government. We interfered in every part of the Nabob's government; we reduced his authority to nothing; we introduced a perfect scene of anarchy and confusion into the country, where there was no authority but to rob and destroy.

I have not strength at present to proceed; but I hope I shall soon be enabled to do so. Your Lordships cannot, I am sure, calculate from your own youth and strength; for I have done the best I can, and find myself incapable just at this moment of going any further.

SPEECH

IN

GENERAL REPLY.

FOURTH DAY: THURSDAY, JUNE 5, 1794.

My Lords, we are now come to another devoted province: we march from desolation to desolation; because we follow the steps of Warren Hastings, Esquire, Governor-General of Bengal. You will here find the range of his atrocities widely extended; but before I enter into a detail of them, I have one reflection to make, which I beseech your Lordships to bear in mind throughout the whole of this deliberation. It is this: you ought never to conclude that a man must necessarily be innoxious because he is in other respects insignificant. You will see that a man bred in obscure, vulgar, and ignoble occupations, and trained in sordid, base, and mercenary habits, is not incapable of doing extensive mischief, because he is little, and because his vices are of a mean nature. My Lords, we have shown to you already, and we shall demonstrate to you more clearly in future, that such minds placed in authority can do more mischief to a country, can treat all ranks and distinctions with more pride, insolence, and arrogance, than those who have been born under canopies of state and swaddled in purple: you will see that they can waste a country more effectually than the proudest and most mighty conquerors, who, by the greatness of their military talents, have first subdued and afterwards plundered nations.

The prisoner's counsel have thought proper to entertain your Lordships, and to defend their client, by comparing him with the men who are said to have erected a pyramid of ninety thousand human heads. Now look back, my Lords, to Benares; consider the extent of country laid waste and desolated, and its immense population; and then see whether famine may not destroy as well as the sword, and whether this man is not as well entitled to erect his pyramid of ninety thousand heads as any terrific tyrant of the East. We follow him now to another theatre, the territories of the Nabob of Oude.

My Lords, Oude, (together with the additions made to it by Sujah Dowlah,) in point of geographical extent, is about the size of England. Sujah Dowlah, who possessed this country as Nabob, was a prince of a haughty character,—ferocious in a high degree towards his enemies, and towards all those who resisted his will. He was magnificent in his expenses, yet economical with regard to his resources,—maintaining his court in a pomp and splendor which is perhaps unknown to the sovereigns of Europe. At the same time he was such an economist, that from an inconsiderable revenue, at the beginning of his reign, he was annually enabled to make great savings. He thus preserved, towards the end of it, his people in peace, tranquillity, and order; and though he was an arbitrary prince, he never strained his revenue to such a degree as to lose their affections while he filled his exchequer. Such appears to have been the true character of Sujah Dowlah: your Lordships have heard what is the character which the prisoner at your bar and his counsel have thought proper to give you of him.

Surely, my Lords, the situation of the great, as well as of the lower ranks in that country, must be a subject of melancholy reflection to every man. Your Lordships' compassion will, I presume, lead you to feel for the lowest; and I hope that your sympathetic dignity will make you consider in what manner the princes of this country are treated. They have not only been treated at your Lordships' bar with indignity by the prisoner, but his counsel do not leave their ancestors to rest quietly in their graves. They have slandered their families, and have gone into scandalous history that has no foundation in facts whatever.

Your Lordships have seen how he attempted to slander the ancestors of Cheyt Sing, to deny that they were zemindars; and yet he must have known from printed books, taken from the Company's records, the utter falsity of his declaration. You need only look into Mr. Verelst's Appendix, and there you will see that that country has always been called the Zemindary of Bulwant Sing. You will find him always called the Zemindar; it was the known, acknowledged name, till this gentleman thought proper at the bar of the House of Commons to deny that he was a zemindar, and to assert that he was only an aumil. He slanders the pedigree of this man as mean and base, yet he was not ashamed to take from him twenty-three thousand pounds. In like manner he takes from Asoph ul Dowlah a hundred thousand pounds, which he would have appropriated to himself, and then directs his counsel to rake up the slander of Dow's History, a book of no authority, a book that no man values in any respect or degree. In this book they find that romantic, absurd, and ridiculous story upon which an honorable fellow Manager of mine, who is much more capable than I am of doing justice to the subject, has commented with his usual ability: I allude to that story of spitting on the beard,—the mutual compact to poison one another. That Arabian tale, fit only to form a ridiculous tragedy, has been gravely mentioned to your Lordships for the purpose of slandering the pedigree of this Vizier of Oude, and making him vile in your Lordships' eyes. My honorable friend has exposed to you the absurdity of these stories, but he has not shown you the malice of their propagators. The prisoner and his counsel have referred to Dow's History, who calls this Nabob "the more infamous son of an infamous Persian peddler." They wish that your Lordships should consider him as a person vilely born, ignominiously educated, and practising a mean trade, in order that, when it shall be proved that he and his family were treated with every kind of indignity and contempt by the prisoner at your bar, the sympathy of mankind should be weakened. Consider, my Lords, the monstrous perfidy and ingratitude of this man, who, after receiving great favors from the Nabob, is not satisfied with oppressing his offspring, but goes back to his ancestors, tears them out of their graves, and vilifies them with slanderous aspersions. My Lords, the ancestor of Sujah Dowlah was a great prince,—certainly a subordinate prince, because he was a servant of the Great Mogul, who was well called King of Kings, for he had in his service persons of high degree. He was born in Persia; but was not, as is falsely said, the more infamous son of an infamous Persian peddler. Your Lordships are not unacquainted with the state and history of India; you therefore know that Persia has been the nursery of all the Mahometan nobility of India: almost everything in that country which is not of Gentoo origin is of Persian; so much so, that the Persian language is the language of the court, and of every office from the highest to the lowest. Among these noble Persians, the family of the Nabob stands in the highest degree. His father's ancestors were of noble descent, and those of his mother, Munny Begum, more eminently and more illustriously so. This distinguished family, on no better authority than that of the historian Dow, has been slandered by the prisoner at your bar, in order to destroy the character of those whom he had already robbed of their substance. Your Lordships will have observed with disgust how the Dows and the Hastings, and the whole of that tribe, treat their superiors,—in what insolent language they speak of them, and with what pride and indignity they trample upon the first names and the first characters in that devoted country.

But supposing it perfectly true that this man was "the more infamous son of an infamous Persian peddler," he had risen to be the secondary sovereign of that country. He had a revenue of three millions six hundred thousand pounds sterling: a vast and immense revenue; equal, perhaps, to the clear revenue of the King of England. He maintained an army of one hundred and twenty thousand men. He had a splendid court; and his country was prosperous and happy. Such was the situation of Sujah Dowlah, the Nabob of Oude, and such the condition of Oude under his government. With his pedigree, I believe, your Lordships will think we have nothing to do in the cause now before us. It has been pressed upon us; and this marks the indecency, the rancor, the insolence, the pride and tyranny which the Dows and the Hastings, and the people of that class and character, are in the habit of exercising over the great in India.

My Lords, I shall be saved a great deal of trouble in proving to you the flourishing state of Oude, because the prisoner admits it as largely as I could wish to state it; and what is more, he admits, too, the truth of our statement of the condition to which it is now reduced,—but I shall not let him off so easily upon this point. He admits, too, that it was left in this reduced and ruined state at the close of his administration. In his Defence he attributes the whole mischief generally to a faulty system of government. My Lords, systems never make mankind happy or unhappy, any further than as they give occasions for wicked men to exercise their own abominable talents, subservient to their own more abominable dispositions. "The system," says Mr. Hastings, "was bad; but I was not the maker of it." Your Lordships have seen him apply this mode of reasoning to Benares, and you will now see that he applies it to Oude. "I came," says he, "into a bad system; that system was not of my making, but I was obliged to act according to the spirit of it."

Now every honest man would say,—"I came to a bad system: I had every facility of abusing my power, I had every temptation to peculate, I had every incitement to oppress, I had every means of concealment, by the defects of the system; but I corrected that evil system by the goodness of my administration, by the prudence, the energy, the virtue of my conduct." This is what all the rest of the world would say: but what says Mr. Hastings? "A bad system was made to my hands; I had nothing to do in making it. I was altogether an involuntary instrument, and obliged to execute every evil which that system contained." This is the line of conduct your Lordships are called to decide upon. And I must here again remind you that we are at an issue of law. Mr. Hastings has avowed a certain set of principles upon which he acts; and your Lordships are therefore to judge whether his acts are justifiable because he found an evil system to act upon, or whether he and all governors upon earth have not a general good system upon which they ought to act.

The prisoner tells you, my Lords, that it was in consequence of this evil system, that the Nabob, from being a powerful prince, became reduced to a wretched dependant on the Company, and subject to all the evils of that degraded state,—subject to extortion, to indignity, to oppression. All these your Lordships are called upon to sanction; and because they may be connected with an existing system, you are to declare them to be an allowable part of a code for the government of British India.

In the year 1775, that powerful, magnificent, and illustrious prince, Sujah Dowlah, died in possession of the country of Oude. He had long governed a happy and contented people, and, if we except the portion of tyranny which we admit he really did exercise towards some few individuals who resisted his power, he was a wise and beneficent governor. This prince died in the midst of his power and fortune, leaving somewhere about fourscore children. Your Lordships know that the princes of the East have a great number of wives; and we know that these women, though reputed of a secondary rank, are yet of a very high degree, and honorably maintained according to the customs of the East. Sujah Dowlah had but one lawful wife: he had by her but one lawful child, Asoph ul Dowlah. He had about twenty-one male children, the eldest of whom was a person whom you have heard of very often in these proceedings, called Saadut Ali. Asoph ul Dowlah, being the sole legitimate son, had all the pretensions to succeed his father, as Subahdar of Oude, which could belong to any person under the Mogul government.

Your Lordships will distinguish between a Zemindar, who is a perpetual landholder, the hereditary proprietor of an estate, and a Subahdar, who derives from his master's will and pleasure all his employments, and who, instead of having the jaghiredars subject to his supposed arbitrary will, is himself a subject, and must have his sovereign's patent for his place. Therefore, strictly and properly speaking, there is no succession in the office of Subahdar. At this time the Company, who alone could obtain the sunnuds [sunnud?], or patent, from the Great Mogul, upon account of the power they possessed in India, thought, and thought rightly, that with an officer who had no hereditary power there could be no hereditary engagements,—and that in their treaty with Asoph ul Dowlah, for whom they had procured the sunnud from the Great Mogul, they were at liberty to propose their own terms, which, if honorable and mutually advantageous to the new Subahdar and to the Company, they had a right to insist upon. A treaty was therefore concluded between the Company and Asoph ul Dowlah, in which the latter stipulated to pay a fixed subsidy for the maintenance of a certain number of troops, by which the Company's finances were greatly relieved and their military strength greatly increased.

This treaty did not contain one word which could justify any interference in the Nabob's government. That evil system, as Mr. Hastings calls it, is not even mentioned or alluded to; nor is there, I again say, one word which authorized Warren Hastings, or any other person whatever, to interfere in the interior affairs of his country. He was legally constituted Viceroy of Oude; his dignity of Vizier of the Empire, with all the power which that office gave him, derived from and held under the Mogul government, he legally possessed; and this evil system, which Mr. Hastings says led him to commit the enormities of which you shall hear by-and-by, was neither more nor less than what I have now stated.

But, my Lords, the prisoner thinks, that, when, under any pretence, any sort of means could be furnished of interfering in the government of the country, he has a right to avail himself of them, to use them at his pleasure, and to govern by his own arbitrary will. The Vizier, he says, by this treaty was reduced to a state of vassalage; and he makes this curious distinction in proof of it. It was, he says, an optional vassalage: for, if he chose to get rid of our troops, he might do so and be free; if he had not a mind to do that, and found a benefit in it, then he was a vassal. But there is nothing less true. Here is a person who keeps a subsidiary body of your troops, which he is to pay for you; and in consequence of this Mr. Hastings maintains that he becomes a vassal. I shall not dispute whether vassalage is optional or by force, or in what way Mr. Hastings considered this prince as a vassal of the Company. Let it be as he pleased. I only think it necessary that your Lordships should truly know the actual state of that country, and the ground upon which Mr. Hastings stood. Your Lordships will find it a fairy land, in which there is a perpetual masquerade, where no one thing appears as it really is,—where the person who seems to have the authority is a slave, while the person who seems to be the slave has the authority. In that ambiguous government everything favors fraud, everything favors peculation, everything favors violence, everything favors concealment. You will therefore permit me to show to you what were the principles upon which Mr. Hastings appears, according to the evidence before you, to have acted,—what the state of the country was, according to his conceptions of it; and then you will see how he applied those principles to that state.

"The means by which our government acquired this influence," says Mr. Hastings, "and its right to exercise it, will require a previous explanation." He then proceeds,—"With his death [Sujah Dowlah's] a new political system commenced, and Mr. Bristow was constituted the instrument of its formation, and the trustee for the management of it. The Nabob Asoph ul Dowlah was deprived of a large part of his inheritance,—I mean the province of Benares, attached by a very feeble and precarious tenure to our dominions; the army fixed to a permanent station in a remote line of his frontier, with an augmented and perpetual subsidy; a new army, amphibiously composed of troops in his service and pay, commanded by English officers of our own nomination, for the defence of his new conquests; and his own natural troops annihilated, or alienated by the insufficiency of his revenue for all his disbursements, and the prior claims of those which our authority or influence commanded: in a word, he became a vassal of the government; but he still possessed an ostensible sovereignty. His titular rank of Vizier of the Empire rendered him a conspicuous object of view to all the states and chiefs of India; and on the moderation and justice with which the British government in Bengal exercised its influence over him many points most essential to its political strength and to the honor of the British name depended."