The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)

Do I mean, by reading this to your Lordships, to express or intimate an approbation either of the cruelty of the punishment or of the coarse barbarism of the language? Neither one nor the other. I produce it to your Lordships to prove to you, from this dreadful example, the horror which that government felt, when any person subject to it assumed to himself a privilege to receive presents. The cruelty and severity exercised by these princes is not levelled at the poor unfortunate people who complain at their gates, but, to use their own barbarous expression, to dogs that impose taxes and take presents. God forbid I should use that language! The people, when they complain, are not called dogs and sent away, but the governors, who do these things against the people: they are called dogs, and treated in that cruel manner. I quote them to show that no governors in the East, upon any principle of their constitution or any good practice of their government, can lay arbitrary imposts or receive presents. When they escape, it is probably by bribery, by corruption, by creating factions for themselves in the seraglio, in the country, in the army, in the divan. But how they escape such punishments is not my business to inquire; it is enough for me that the constitution disavows them, that the princes of the country disavow them,—that they revile them with the most horrible expressions, and inflict dreadful punishments on them, when they are called to answer for these offences. Thus much concerning the Mahomedan laws of Asia. That the people of Asia have no laws, rights, or liberty, is a doctrine that wickedly is to be disseminated through this country. But I again assert, every Mahomedan government is, by its principles, a government of law.

I shall now state, from what is known of the government of India, that it does not and cannot delegate, as Mr. Hastings has frequently declared, the whole of its powers and authority to him. If they are absolute, as they must be in the supreme power, they ought to be arbitrary in none; they were, however, never absolute in any of their subordinate parts, and I will prove it by the known provincial constitutions of Hindostan, which are all Mahomedan, the laws of which are as clear, as explicit, and as learned as ours.

The first foundation of their law is the Koran. The next part is the Fetwah, or adjudged cases by proper authority, well known there. The next, the written interpretations of the principles of jurisprudence: and their books are as numerous upon the principles of jurisprudence as in any country in Europe. The next part of their law is what they call the Kanon,—that is, a positive rule equivalent to acts of Parliament, the law of the several powers of the country, taken from the Greek word Κανών, which was brought into their country, and is well known. The next is the Rawaj-ul-Mulk, or common law and custom of the kingdom, equivalent to our common law. Therefore they have laws from more sources than we have, exactly in the same order, grounded upon the same authority, fundamentally fixed to be administered to the people upon these principles.

The next thing is to show that in India there is a partition of the powers of the government, which proves that there is no absolute power delegated.

In every province the first person is the Subahdar or Nazim, or Viceroy: he has the power of the sword, and the administration of criminal justice only. Then there is the Dewan, or High Steward: he has the revenue and all exchequer causes under him, to be governed according to the law and custom and institutions of the kingdom. The law of inheritances, successions, and everything that relates to them, is under the Cadi, in whose court these matters are tried. But this, too, was subdivided. The Cadi could not judge, but by the advice of his assessors. Properly in the Mahomedan law there is no appeal, only a removal of the cause; but when there is no judgment, as none can be when the court is not unanimous, it goes to the general assembly of all the men of the law. There are, I will venture to say, other divisions and subdivisions; for there are the Kanongoes, who hold their places for life, to be the conservators of the canons, customs, and good usages of the country: all these, as well as the Cadi and the Mufti, hold their places and situations, not during the wanton pleasure of the prince, but on permanent and fixed terms for life. All these powers of magistracy, revenue, and law are all different, consequently not delegated in the whole to any one person.

This is the provincial constitution, and these the laws of Bengal; which proves, if there were no other proof, by the division of the functions and authorities, that the supreme power of the state in the Mogul empire did by no means delegate to any of its officers the supreme power in its fulness. Whether or no we have delegated to Mr. Hastings the supreme power of King and Parliament, that he should act with the plenitude of authority of the British legislature, you are to judge.

Mr. Hastings has no refuge here. Let him run from law to law; let him fly from the common law and the sacred institutions of the country in which he was born; let him fly from acts of Parliament, from which his power originated; let him plead his ignorance of them, or fly in the face of them. Will he fly to the Mahomedan law? That condemns him. Will he fly to the high magistracy of Asia to defend taking of presents? Padishah and the Sultan would condemn him to a cruel death. Will he fly to the Sophis, to the laws of Persia, or to the practice of those monarchs? I cannot utter the pains, the tortures, that would be inflicted on him, if he were to govern there as he has done in a British province. Let him fly where he will, from law to law; law, I thank God, meets him everywhere, and enforced, too, by the practice of the most impious tyrants, which he quotes as if it would justify his conduct. I would as willingly have him tried by the law of the Koran, or the Institutes of Tamerlane, as on the common law or statute law of this kingdom.

The next question is, whether the Gentoo laws justify arbitrary power: and if he finds any sanctuary there, let him take it, with the cow in the pagoda. The Gentoos have a law which positively proscribes in magistrates any idea of will,—a law with which, or rather with extracts of it, that gentleman himself has furnished us. These people in many points are governed by their own ancient written law, called the Shaster. Its interpreters and judges are the Pundits. This law is comprehensive, extending to all the concerns of life, affording principles and maxims and legal theories applicable to all cases, drawn from the sources of natural equity, modified by their institutions, full of refinement and subtilty of distinction equal to that of any other law, and has the grand test of all law, that, wherever it has prevailed, the country has been populous, flourishing, and happy.

Upon the whole, then, follow him where you will, let him have Eastern or Western law, you find everywhere arbitrary power and peculation of governors proscribed and horribly punished,—more so than I should ever wish to punish any, the most guilty, human creature. And if this be the case, as I hope and trust it has been proved to your Lordships, that there is law in these countries, that there is no delegation of power which exempts a governor from the law, then I say at any rate a British governor is to answer for his conduct, and cannot be justified by wicked examples and profligate practices.

But another thing which he says is, that he was left to himself, to govern himself by his own practice: that is to say, when he had taken one bribe, he might take another; when he had robbed one man of his property, he might rob another; when he had imprisoned one man arbitrarily, and extorted money from him, he might do so by another. He resorts at first to the practice of barbarians and usurpers; at last he comes to his own. Now, if your Lordships will try him by such maxims and principles, he is certainly clear: for there is no manner of doubt that there is nothing he has practised once which he has not practised again; and then the repetition of crimes becomes the means of his indemnity.

The next pleas he urges are not so much in bar of the impeachment as in extenuation. The first are to be laid by as claims to be made on motion for arrest of judgment, the others as an extenuation or mitigation of his fine. He says, and with a kind of triumph, "The ministry of this country have great legal assistance,—commercial lights of the greatest commercial city in the world,—the greatest generals and officers to guide and direct them in military affairs: whereas I, poor man, was sent almost a school-boy from England, or at least little better,—sent to find my way in that new world as well as I could. I had no men of the law, no legal assistance, to supply my deficiencies." At Sphingem habebas domi. Had he not the chief-justice, the tamed and domesticated chief-justice, who waited on him like a familiar spirit, whom he takes from province to province, his amanuensis at home, his postilion and riding express abroad?

Such a declaration would in some measure suit persons who had acted much otherwise than Mr. Hastings. When a man pleads ignorance in justification of his conduct, it ought to be an humble, modest, unpresuming ignorance, an ignorance which may have made him lax and timid in the exercise of his duty; but an assuming, rash, presumptuous, confident, daring, desperate, and disobedient ignorance heightens every crime that it accompanies. Mr. Hastings, if through ignorance he left some of the Company's orders unexecuted, because he did not understand them, might well say, "I was an ignorant man, and these things were above my capacity." But when he understands them, and when he declares he will not obey them, positively and dogmatically,—when he says, as he has said, and we shall prove it, that he never succeeds better than when he acts in an utter defiance of those orders, and sets at nought the laws of his country,—I believe this will not be thought the language of an ignorant man. But I beg your Lordships' pardon: it is the language of an ignorant man; for no man who was not full of a bold, determined, profligate ignorance could ever think of such a system of defence. He quitted Westminster School almost a boy. We have reason to regret that he did not finish his education in that noble seminary, which has given so many luminaries to the Church and ornaments to the State. Greatly it is to be lamented that he did not go to those Universities where arbitrary power will I hope never be heard of, but the true principles of religion, of liberty, and law will ever be inculcated, instead of studying in the school of Cossim Ali Khân.

If he had lived with us, he would have quoted the example of Cicero in his government, he would have quoted several of the sacred and holy prophets, and made them his example. His want of learning, profane as well as sacred, reduces him to the necessity of appealing to every name and authority of barbarism, tyranny, and usurpation that are to be found; and from these he says, "From the practice of one part of Asia or other I have taken my rule." But your Lordships will show him that in Asia as well as in Europe the same law of nations prevails, the same principles are continually resorted to, and the same maxims sacredly held and strenuously maintained, and, however disobeyed, no man suffers from the breach of them who does not know how and where to complain of that breach,—that Asia is enlightened in that respect as well as Europe; but if it were totally blinded, that England would send out governors to teach them better, and that he must justify himself to the piety, the truth, the faith of England, and not by having recourse to the crimes and criminals of other countries, to the barbarous tyranny of Asia, or any other part of the world.

I will go further with Mr. Hastings, and admit, that, if there be a boy in the fourth form of Westminster School, or any school in England, who does not know, when these articles are read to him, that he has been guilty of gross and enormous crimes, he may have the shelter of his present plea, as far as it will serve him. There are none of us, thank God, so uninstructed, who have learned our catechisms or the first elements of Christianity, who do not know that such conduct is not to be justified, and least of all by examples.

There is another topic he takes up more seriously, and as a general rebutter to the charge. Says he, "After a great many of these practices with which I am charged, Parliament appointed me to my trust, and consequently has acquitted me."—Has it, my Lords? I am bold to say that the Commons are wholly guiltless of this charge. I will admit, if Parliament, on a full state of his offences before them, and full examination of those offences, had appointed him to the government, that then the people of India and England would have just reason to exclaim against so flagitious a proceeding. A sense of propriety and decorum might have restrained us from prosecuting. They might have been restrained by some sort of decorum from pursuing him criminally. But the Commons stand before your Lordships without shame. First, in their name we solemnly assure your Lordships that we had not in our Parliamentary capacity (and most of us, myself I can say surely, heard very little, and that in confused rumors) the slightest knowledge of any one of the acts charged upon this criminal at either of the times of his being appointed to office, and that we were not guilty of the nefarious act of collusion and flagitious breach of trust with which he presumes obliquely to charge us; but from the moment we knew them, we never ceased to condemn them by reports, by votes, by resolutions, and that we admonished and declared it to be the duty of the Court of Directors to take measures for his recall, and when frustrated in the way known to that court we then proceeded to an inquiry. Your Lordships know whether you were better informed. We are, therefore, neither guilty of the precedent crime of colluding with the criminal, nor the subsequent indecorum of prosecuting what we had virtually and practically approved.

Secondly, several of his worst crimes have been committed since the last Parliamentary renewal of his trust, as appears by the dates in the charge.

But I believe, my Lords, the judges—judges to others, grave and weighty counsellors and assistants to your Lordships—will not, on reference, assert to your Lordships, (which God forbid, and we cannot conceive, or hardly state in argument, if but for argument,) that, if one of the judges had received bribes before his appointment to an higher judiciary office, he would not still be open to prosecution.

So far from admitting it as a plea in bar, we charge, and we hope your Lordships will find it an extreme aggravation of his offences, that no favors heaped upon him could make him grateful, no renewed and repeated trusts could make him faithful and honest.

We have now gone through most of the general topics.

But he is not responsible, as being thanked by the Court of Directors. He has had the thanks and approbation of the India Company for his services.—We know too well here, I trust the world knows, and you will always assert, that a pardon from the crown is not pleadable here, that it cannot bar the impeachment of the Commons,—much less a pardon of the East India Company, though it may involve them in guilt which might induce us to punish them for such a pardon. If any corporation by collusion with criminals refuse to do their duty in coercing them, the magistrates are answerable.

It is the use, virtue, and efficacy of Parliamentary judicial procedure, that it puts an end to this dominion of faction, intrigue, cabal, and clandestine intelligences. The acts of men are put to their proper test, and the works of darkness tried in the face of day,—not the corrupted opinions of others on them, but their own intrinsic merits. We charge it as his crime, that he bribed the Court of Directors to thank him for what they had condemned as breaches of his duty.

The East India Company, it is true, have thanked him. They ought not to have done it; and it is a reflection upon their character that they did it. But the Directors praise him in the gross, after having condemned each act in detail. His actions are all, every one, censured one by one as they arise. I do not recollect any one transaction, few there are, I am sure, in the whole body of that succession of crimes now brought before you for your judgment, in which the India Company have not censured him. Nay, in one instance he pleads their censure in bar of this trial;27 for he says, "In that censure I have already received my punishment." If, for any other reasons, they come and say, "We thank you, Sir, for all your services," to that I answer, Yes; and I would thank him for his services, too, if I knew them. But I do not;—perhaps they do. Let them thank him for those services. I am ordered to prosecute him for these crimes. Here, therefore, we are on a balance with the India Company; and your Lordships may perhaps think it some addition to his crimes, that he has found means to obtain the thanks of the India Company for the whole of his conduct, at the same time that their records are full of constant, uniform, particular censure and reprobation of every one of those acts for which he now stands accused.

He says, there is the testimony of Indian princes in his favor. But do we not know how seals are obtained in that country? Do we not know how those princes are imposed upon? Do we not know the subjection and thraldom in which they are held, and that they are obliged to return thanks for the sufferings which they have felt? I believe your Lordships will think that there is not, with regard to some of these princes, a more dreadful thing that can be said of them than that he has obtained their thanks.

I understand he has obtained the thanks of the miserable Princesses of Oude, whom he has cruelly imprisoned, whose treasure he has seized, and whose eunuchs he has tortured.28 They thank him for going away; they thank him for leaving them the smallest trifle of their subsistence; and I venture to say, if he wanted a hundred more panegyrics, provided he never came again among them, he might have them. I understand that Mahdajee Sindia has made his panegyric, too. Mahdajee Sindia has not made his panegyric for nothing; for, if your Lordships will suffer him to enter into such a justification, we shall prove that he has sacrificed the dignity of this country and the interests of all its allies to that prince. We appear here neither with panegyric nor with satire; it is for substantial crimes we bring him before you, and amongst others for cruelly using persons of the highest rank and consideration in India; and when we prove he has cruelly injured them, you will think the panegyrics either gross forgeries or most miserable aggravations of his offences, since they show the abject and dreadful state into which he has driven those people. For let it be proved that I have cruelly robbed and maltreated any persons, if I produce a certificate from them of my good behavior, would it not be a corroborative proof of the terror into which those persons are thrown by my misconduct?

My Lords, these are, I believe, the general grounds of our charge. I have now closed completely, and I hope to your Lordships' satisfaction, the whole body of history of which I wished to put your Lordships in possession. I do not mean that many of your Lordships may not have known it more perfectly by your own previous inquiries; but, bringing to your remembrance the state of the circumstances of the persons with whom he acted, the persons and power he has abused, I have gone to the principles he maintains, the precedents he quotes, the laws and authorities which he refuses to abide by, and those on which he relies; and at last I have refuted all those pleas in bar on which he depends, and for the effect of which he presumes on the indulgence and patience of this country, or on the corruption of some persons in it. And here I close what I had to say upon this subject,—wishing and hoping, that, when I open before your Lordships the case more particularly, so as to state rather a plan of the proceeding than the direct proof of the crimes, your Lordships will hear me with the same goodness and indulgence I have hitherto experienced,—that you will consider, if I have detained you long, it was not with a view of exhausting my own strength, or putting your patience to too severe a trial, but from the sense I feel that it is the most difficult and the most complicated cause that was ever brought before any human tribunal. Therefore I was resolved to bring the whole substantially before you. And now, if your Lordships will permit me, I will state the method of my future proceeding, and the future proceeding of the gentlemen assisting me.

I mean first to bring before you the crimes as they are classed, and are of the same species and genus, and how they mutually arose from one another. I shall first show that Mr. Hastings's crimes had root in that which is the root of all evil, I mean avarice; that avarice and rapacity were the groundwork and foundation of all his other vicious system; that he showed it in setting to sale the native government of the country, in setting to sale the whole landed interest of the country, in setting to sale the British government and his own fellow-servants, to the basest and wickedest of mankind.

I shall then show your Lordships, that, when, in consequence of such a body of corruption and peculation, he justly dreaded the indignation of his country and the vengeance of its laws, in order to raise himself a faction embodied by the same guilt and rewarded in the same manner, he has, with a most abandoned profusion, thrown away the revenues of the country to form such a faction here.

I shall next show your Lordships, that, having exhausted the resources of the Company, and brought it to extreme difficulties within, he has looked to his external resources, as he calls them; he has gone up into the country. I will show that he has plundered, or attempted to plunder, every person dependent upon, connected, or allied with this country.

We shall afterwards show what infinite mischief has followed in the case of Benares, upon which he first laid his hands; next, in the case of the Begums of Oude.

We shall then lay before you the profligate system by which he endeavored to oppress that country: first by Residents; next by spies under the name of British Agents; and lastly, that, pursuing his way up to the mountains, he has found out one miserable chief, whose crimes were the prosperity of his country,—that him he endeavored to torture and destroy,—I do not mean in his body, but by exhausting the treasures which he kept for the benefit of his people.

In short, having shown your Lordships that no man who is in his power is safe from his arbitrary will,—that no man, within or without, friend, ally, rival, has been safe from him,—having brought it to this point, if I am not able in my own person immediately to go up into the country and show the ramifications of the system, (I hope and trust I shall be spared to take my part in pursuing him through both,) if I am not, I shall go at least to the root of it, and some other gentleman, with a thousand times more ability than I possess, will take up each separate part in its proper order. And I believe it is proposed by the managers that one of them shall as soon as possible begin with the affair of Benares.

The point I now mean first to bring before your Lordships is the corruption of Mr. Hastings, his system of peculation and bribery, and to show your Lordships the horrible consequences which resulted from it: for, at first sight, bribery and peculation do not seem to be so horrid a matter; they may seem to be only the transferring a little money out of one pocket into another; but I shall show that by such a system of bribery the country is undone.

I shall inform your Lordships in the best manner I can, and afterwards submit the whole, as I do with a cheerful heart and with an easy and assured security, to that justice which is the security for all the other justice in the kingdom.

END OF VOL. IX

1

2d year of George II.