Volume X Part 1 (2/2)

Now, my Lords, every office of trust, in its very nature, forbids the receipt of bribes. But Mr. Hastings was forbidden it, first, by his official situation,--next, by covenant,--and lastly, by act of Parliament: that is to say, by all the things that bind mankind, or that can bind them,--first, moral obligation inherent in the duty of their office,--next, the positive injunctions of the legislature of the country,--and lastly, a man's own private, particular, voluntary act and covenant. These three, the great and only obligations that bind mankind, all united in the focus of this single point,--that they should take no presents.

I am to mark to your Lords.h.i.+ps, that this law and this covenant did consider indirect ways of taking presents--taking them by others, and such like--directly in the very same light as they considered taking them by themselves. It is perhaps a much more dangerous way; because it adds to the crime a false, prevaricating mode of concealing it, and makes it much more mischievous by admitting others into the partic.i.p.ation of it. Mr. Hastings has said, (and it is one of the general complaints of Mr. Hastings,) that he is made answerable for the acts of other men. It is a thing inherent in the nature of his situation. All those who enjoy a great superintending trust, which is to regulate the whole affairs of an empire, are responsible for the acts and conduct of other men, so far as they had anything to do with appointing them, or holding them in their places, or having any sort of inspection into their conduct. But when a Governor presumes to remove from their situations those persons whom the public authority and sanction of the Company have appointed, and obtrudes upon them by violence other persons, superseding the orders of his masters, he becomes doubly responsible for their conduct. If the persons he names should be of notorious evil character and evil principles, and if this should be perfectly known to himself, and of public notoriety to the rest of the world, then another strong responsibility attaches on him for the acts of those persons.

Governors, we know very well, cannot with their own hands be continually receiving bribes,--for then they must have as many hands as one of the idols in an Indian temple, in order to receive all the bribes which a Governor-General may receive,--but they have them vicariously. As there are many offices, so he has had various officers for receiving and distributing his bribes; he has a great many, some white and some black agents. The white men are loose and licentious; they are apt to have resentments, and to be bold in revenging them. The black men are very secret and mysterious; they are not apt to have very quick resentments, they have not the same liberty and boldness of language which characterize Europeans; and they have fears, too, for themselves, which makes it more likely that they will conceal anything committed to them by Europeans. Therefore Mr. Hastings had his black agents, not one, two, three, but many, disseminated through the country: no two of them, hardly, appear to be in the secret of any one bribe. He has had likewise his white agents,--they were necessary,--a Mr. Larkins and a Mr.

Croftes. Mr. Croftes was sub-treasurer, and Mr. Larkins accountant-general. These were the last persons of all others that should have had anything to do with bribes; yet these were some of his agents in bribery. There are few instances, in comparison of the whole number of bribes, but there are some, where two men are in the secret of the same bribe. Nay, it appears that there was one bribe divided into different payments at different times,--that one part was committed to one black secretary, another part to another black secretary. So that it is almost impossible to make up a complete body of all his bribery: you may find the scattered limbs, some here and others there; and while you are employed in picking them up, he may escape entirely in a prosecution for the whole.

The first act of his government in Bengal was the most bold and extraordinary that I believe ever entered into the head of any man,--I will say, of any tyrant. It was no more or less than a general, almost exceptless confiscation, in time of profound peace, of all the landed property in Bengal, upon most extraordinary pretences. Strange as this may appear, he did so confiscate it; he put it up to a pretended public, in reality to a private corrupt auction; and such favored landholders as came to it were obliged to consider themselves as not any longer proprietors of the estates, but to recognize themselves as farmers under government: and even those few that were permitted to remain on their estates had their payments raised at his arbitrary discretion; and the rest of the lands were given to farmers-general, appointed by him and his committee, at a price fixed by the same arbitrary discretion.

It is necessary to inform your Lords.h.i.+ps that the revenues of Bengal are, for the most part, territorial revenues, great quit-rents issuing out of lands. I shall say nothing either of the nature of this property, of the rights of the people to it, or of the mode of exacting the rents, till that great question of revenues, one of the greatest which we shall have to lay before you, shall be brought before your Lords.h.i.+ps particularly and specially as an article of charge. I only mention it now as an exemplification of the great principle of corruption which guided Mr. Hastings's conduct.

When the ancient n.o.bility, the great princes, (for such I may call them,) a n.o.bility, perhaps, as ancient as that of your Lords.h.i.+ps, (and a more truly n.o.ble body never existed in that character,)--my Lords, when all the n.o.bility, some of whom have borne the rank and port of princes, all the gentry, all the freeholders of the country, had their estates in that manner confiscated,--that is, either given to themselves to hold on the footing of farmers, or totally confiscated,--when such an act of tyranny was done, no doubt some good was pretended. This confiscation was made by Mr. Hastings, and the lands let to these farmers for five years, upon an idea which always accompanies his acts of oppression, the idea of _moneyed merit_. He adopted this mode of confiscating the estates, and letting them to farmers, for the avowed purpose of seeing how much it was possible to take out of them. Accordingly, he set them up to this wild and wicked auction, as it would have been, if it had been a real one,--corrupt and treacherous, as it was,--he set these lands up for the purpose of making that discovery, and pretended that the discovery would yield a most amazing increase of rent. And for some time it appeared so to do, till it came to the touchstone of experience; and then it was found that there was a defalcation from these monstrous raised revenues which were to cancel in the minds of the Directors the wickedness of so atrocious, flagitious, and horrid an act of treachery.

At the end of five years what do you think was the failure? No less than 2,050,000_l._ Then a new source of corruption was opened,--that is, how to deal with the balances: for every man who had engaged in these transactions was a debtor to government, and the remission of that debt depended upon the discretion of the Governor-General. Then the persons who were to settle the composition of that immense debt, who were to see how much was recoverable and how much not, were able to favor, or to exact to the last s.h.i.+lling; and there never existed a doubt but that not only upon the original cruel exaction, but upon the remission afterwards, immense gains were derived. This will account for the manner in which those stupendous fortunes which astonish the world have been made. They have been made, first by a tyrannous exaction from the people who were suffered to remain in possession of their own land as farmers,--then by selling the rest to farmers at rents and under hopes which could never be realized, and then getting money for the relaxation of their debts. But whatever excuse, and however wicked, there might have been for this wicked act, namely, that it carried upon the face of it some sort of appearance of public good,--that is to say, that sort of public good which Mr. Hastings so often professed, of ruining the country for the benefit of the Company,--yet, in fact, this business of balances is that _nidus_ in which have been nustled and bred and born all the corruptions of India, first by making extravagant demands, and afterwards by making corrupt relaxations of them.

Besides this monstrous failure, in consequence of a miserable exaction by which more was attempted to be forced from the country than it was capable of yielding, and this by way of experiment, when your Lords.h.i.+ps come to inquire who the farmers-general of the revenue were, you would naturally expect to find them to be the men in the several countries who had the most interest, the greatest wealth, the best knowledge of the revenue and resources of the country in which they lived. Those would be thought the natural, proper farmers-general of each district. No such thing, my Lords. They are found in the body of people whom I have mentioned to your Lords.h.i.+ps. They were almost all let to Calcutta banians. Calcutta banians were the farmers of almost the whole. They sub-delegated to others, who sometimes had sub-delegates under them _ad infinitum_. The whole formed a system together, through the succession of black tyrants scattered through the country, in which you at last find the European at the end, sometimes indeed not hid very deep, not above one between him and the farmer, namely, his banian directly, or some other black person to represent him. But some have so managed the affair, that, when you inquire who the farmer is,--Was such a one farmer? No. Cantoo Baboo? No. Another? No,--at last you find three deep of fict.i.tious farmers, and you find the European gentlemen, high in place and authority, the real farmers of the settlement. So that the zemindars were dispossessed, the country racked and ruined, for the benefit of an European, under the name of a farmer: for you will easily judge whether these gentlemen had fallen so deeply in love with the banians, and thought so highly of their merits and services, as to reward _them_ with all the possessions of the great landed interest of the country. Your Lords.h.i.+ps are too grave, wise, and discerning, to make it necessary for me to say more upon that subject. Tell me that the banians of English gentlemen, dependants on them at Calcutta, were the farmers throughout, and I believe I need not tell your Lords.h.i.+ps for whose benefit they were farmers.

But there is one of these who comes so nearly, indeed so precisely, within this observation, that it is impossible for me to pa.s.s him by.

Whoever has heard of Mr. Hastings's name, with any knowledge of Indian connections, has heard of his banian, Cantoo Baboo. This man is well known in the records of the Company, as his agent for receiving secret gifts, confiscations, and presents. You would have imagined that he would at least have kept _him_ out of these farms, in order to give the measure a color at least of disinterestedness, and to show that this whole system of corruption and pecuniary oppression was carried on for the benefit of the Company. The Governor-General and Council made an ostensible order by which no collector, or person concerned in the revenue, should have any connection with these farms. This order did not include the Governor-General in the words of it, but more than included him in the spirit of it; because his power to protect a farmer-general in the person of his own servant was infinitely greater than that of any subordinate person. Mr. Hastings, in breach of this order, gave farms to his own banian. You find him the farmer of great, of vast and extensive farms. Another regulation that was made on that occasion was, that no farmer should have, except in particular cases, which were marked, described, and accurately distinguished, a greater farm than what paid 10,000_l._ a year to government. Mr. Hastings, who had broken the first regulation by giving any farm at all to his banian, finding himself bolder, broke the second too, and, instead of 10,000_l._, gave him farms paying a revenue of 130,000_l._ a year to government. Men undoubtedly have been known to be under the dominion of their domestics; such things have happened to great men: they never have happened justifiably in my opinion. They have never happened excusably; but we are acquainted sufficiently with the weakness of human nature to know that a domestic who has served you in a near office long, and in your opinion faithfully, does become a kind of relation; it brings on a great affection and regard for his interest. Now was this the case with Mr.

Hastings and Cantoo Baboo? Mr. Hastings was just arrived at his government, and Cantoo Baboo had been but a year in his service; so that he could not in that time have contracted any great degree of friends.h.i.+p for him. These people do not live in your house; the Hindoo servants never sleep in it; they cannot eat with your servants; they have no second table, in which they can be continually about you, to be domesticated with yourself, a part of your being, as people's servants are to a certain degree. These persons live all abroad; they come at stated hours upon matters of business, and nothing more. But if it had been otherwise, Mr. Hastings's connection with Cantoo Baboo had been but of a year's standing; he had before served in that capacity Mr. Sykes, who recommended him to Mr. Hastings. Your Lords.h.i.+ps, then, are to judge whether such outrageous violations of all the principles by which Mr.

Hastings pretended to be guided in the settlement of these farms were for the benefit of this old, decayed, affectionate servant of one year's standing: your Lords.h.i.+ps will judge of that.

I have here spoken only of the beginning of a great, notorious system of corruption, which branched out so many ways and into such a variety of abuses, and has afflicted that kingdom with such horrible evils from that day to this, that I will venture to say it will make one of the greatest, weightiest, and most material parts of the charge that is now before you; as I believe I need not tell your Lords.h.i.+ps that an attempt to set up the whole landed interest of a kingdom to auction must be attended, not only in that act, but every consequential act, with most grievous and terrible consequences.

My Lords, I will now come to a scene of peculation of another kind: namely, a peculation by the direct sale of offices of justice,--by the direct sale of the successions of families,--by the sale of guardians.h.i.+ps and trusts, held most sacred among the people of India: by the sale of them, not, as before, to farmers, not, as you might imagine, to near relations of the families, but a sale of them to the unfaithful servants of those families, their own perfidious servants, who had ruined their estates, who, if any balances had accrued to the government, had been the cause of those debts. Those very servants were put in power over their estates, their persons, and their families, by Mr. Hastings, for a shameful price. It will be proved to your Lords.h.i.+ps, in the course of this business, that Mr. Hastings has done this in another sacred trust, the most sacred trust a man can have,--that is, in the case of those _vakeels_, (as they call them,) agents, or attorneys, who had been sent to a.s.sert and support the rights of their miserable masters before the Council-General. It will be proved that these vakeels were by Mr. Hastings, for a price to be paid for it, put in possession of the very power, situation, and estates of those masters who sent them to Calcutta to defend them from wrong and violence. The selling offices of justice, the sale of succession in families, of guardians.h.i.+ps and other sacred trusts, the selling masters to their servants, and princ.i.p.als to the attorneys they employed to defend themselves, were all parts of the same system; and these were the horrid ways in which he received bribes beyond any common rate.

When Mr. Hastings was appointed in the year 1773 to be Governor-General of Bengal, together with Mr. Barwell, General Clavering, Colonel Monson, and Mr. Francis, the Company, knowing the former corrupt state of their service, (but the whole corrupt system of Mr. Hastings at that time not being known or even suspected at home,) did order them, in discharge of the spirit of the act of Parliament, to make an inquiry into all manner of corruptions and malversations in office, without the exception of any persons whatever. Your Lords.h.i.+ps are to know that the act did expressly authorize the Court of Directors to frame a body of instructions, and to give orders to their new servants appointed under the act of Parliament, lest it should be supposed that they, by their appointment under the act, could supersede the authority of the Directors. The Directors, sensible of the power left in them over their servants by the act of Parliament, though their nomination was taken from them, did, agreeably to the spirit and power of that act, give this order.

The Council consisted of two parties: Mr. Hastings and Mr. Barwell, who were chosen and kept there upon the idea of their local knowledge; and the other three, who were appointed on account of their great parts and known integrity. And I will venture to say that those three gentlemen did so execute their duty in India, in all the substantial parts of it, that they will serve as a s.h.i.+eld to cover the honor of England, whenever this country is upbraided in India.

They found a rumor running through the country of great peculations and oppressions. Soon after, when it was known what their instructions were, and that the Council was ready, as is the first duty of all governors, even when there is no express order, to receive complaints against the oppressions and corruptions of government in any part of it, they found such a body (and that body shall be produced to your Lords.h.i.+ps) of corruption and peculation in every walk, in every department, in every situation of life, in the sale of the most sacred trusts, and in the destruction of the most ancient families of the country, as I believe in so short a time never was unveiled since the world began.

Your Lords.h.i.+ps would imagine that Mr. Hastings would at least ostensibly have taken some part in endeavoring to bring these corruptions before the public, or that he would at least have acted with some little management in his opposition. But, alas! it was not in his power; there was not one, I think, but I am sure very few, of these general articles of corruption, in which the most eminent figure in the crowd, the princ.i.p.al figure as it were in the piece, was not Mr. Hastings himself.

There were a great many others involved; for all departments were corrupted and vitiated. But you could not open a page in which you did not see Mr. Hastings, or in which you did not see Cantoo Baboo. Either the black or white side of Mr. Hastings constantly was visible to the world in every part of these transactions.

With the other gentlemen, who were visible too, I have at present no dealing. Mr. Hastings, instead of using any management on that occasion, instantly set up his power and authority, directly against the majority of the Council, directly against his colleagues, directly against the authority of the East India Company and the authority of the act of Parliament, to put a dead stop to all these inquiries. He broke up the Council, the moment they attempted to perform this part of their duty.

As the evidence multiplied upon him, the daring exertions of his power in stopping all inquiries increased continually. But he gave a credit and authority to the evidence by these attempts to suppress it.

Your Lords.h.i.+ps have heard that among the body of the accusers of this corruption there was a princ.i.p.al man in the country, a man of the first rank and authority in it, called Nundcomar, who had the management of revenues amounting to 150,000_l._ a year, and who had, if really inclined to play the small game with which he has been charged by his accusers, abundant means to gratify himself in playing great ones; but Mr. Hastings has himself given him, upon the records of the Company, a character which would at least justify the Council in making some inquiry into charges made by him.

First, he was perfectly competent to make them, because he was in the management of those affairs from which Mr. Hastings is supposed to have received corrupt emolument. He and his son were the chief managers in those transactions. He was therefore perfectly competent to it.--Mr.

Hastings has cleared his character; for though it is true, in the contradictions in which Mr. Hastings has entangled himself, he has abused and insulted him, and particularly after his appearance as an accuser, yet before this he has given this testimony of him, that the hatred that had been drawn upon him, and the general obloquy of the English nation, was on account of his attachment to his own prince and the liberties of his country. Be he what he might, I am not disposed, nor have I the least occasion, to defend either his conduct or his memory.

It is to no purpose for Mr. Hastings to spend time in idle objections to the character of Nundcomar. Let him be as bad as Mr. Hastings represents him. I suppose he was a caballing, bribing, intriguing politician, like others in that country, both black and white. We know a.s.sociates in dark and evil actions are not generally the best of men; but be that as it will, it generally happens that they are the best of all discoverers. If Mr. Hastings were the accuser of Nundcomar, I should think the presumptions equally strong against Nundcomar, if he had acted as Mr.

Hastings has acted.--He was not only competent, but the most competent of all men to be Mr. Hastings's accuser. But Mr. Hastings has himself established both his character and his competency by employing him against Mahomed Reza Khan. He shall not blow hot and cold. In what respect was Mr. Hastings better than Mahomed Reza Khan, that the whole rule, principle, and system of accusation and inquiry should be totally reversed in general, nay, reversed in the particular instance, the moment he became accuser against Mr. Hastings?--Such was the accuser. He was the man that gave the bribes, and, in addition to his own evidence, offers proof by other witnesses.

What was the accusation? Was the accusation improbable, either on account of the subject-matter or the actor in it? Does such an appointment as that of Munny Begum, in the most barefaced evasion of his orders, appear to your Lords.h.i.+ps a matter that contains no just presumptions of guilt, so that, when a charge of bribery comes upon it, you are prepared to reject it, as if the action were so clear and proper that no man could attribute it to an improper motive? And as to the man,--is Mr. Hastings a man against whom a charge of bribery is improbable? Why, he owns it. He is a professor of it. He reduces it into scheme and system. He glories in it. He turns it to merit, and declares it is the best way of supplying the exigencies of the Company. Why, therefore, should it be held improbable?--But I cannot mention this proceeding without shame and horror.

<script>