Thus began a new division that split the Presidency into violent factions; but the faction which adhered to Nundcomar was undoubtedly the weakest. That most miserable of men, Mir Jaffier Ali Khan, clinging, as to the last pillar, to Nundcomar, trembling at Mahomed Reza Khan, died in the struggle, a miserable victim to all the revolutions, to all the successive changes and versatile politics at Calcutta. Like all the rest of the great personages whom we have degraded and brutalized by insult and oppression, he betook himself to the usual destructive resources of unprincipled misery,--sensuality, opium, and wine. His gigantic frame of const.i.tution soon gave way under the oppression of this relief, and he died, leaving children and grandchildren by wives and concubines. On the old Nabob"s death, Mahomed Reza Khan was acknowledged Deputy Nabob, the money paid, and this revolution completed.
Here, my Lords, opened a new source of plunder, peculation, and bribery, which was not neglected. Revolutions were no longer necessary; succession supplied their places: and well the object agreed with the policy. Rules of succession could not be very well ascertained to an office like that of the Nabob, which was hereditary only by the appointment of the Mogul. The issue by lawful wives would naturally be preferred by those who meant the quiet of the country. But a more doubtful t.i.tle was preferred, as better adapted to the purposes of extortion and peculation. This miserable succession was sold, and the eldest of the issue of Munny Begum, an harlot, brought in to pollute the harem of the seraglio, of whom you will hear much hereafter, was chosen.
He soon succeeded to the grave. Another son of the same prost.i.tute succeeded to the same unhappy throne, and followed to the same untimely grave. Every succession was sold; and between venal successions and venal revolutions, in a very few years seven princes and six sales were seen successively in Bengal. The last was a minor, the issue of a legitimate wife, admitted to succeed because a minor, and because there was none illegitimate left. He was instantly stripped of the allowance of his progenitors, and reduced to a pension of 160,000 a year. He still exists, and continued to the end of Mr. Hastings"s government to furnish constant sources of bribery and plunder to him and his creatures.
The offspring of Munny Begum clinging, as his father did, to Nundcomar, they tore Nundcomar from his side, as they had done from the side of his father, and carried him down as a sort of prisoner to Calcutta; where, having had the weakness to become the first informer, he was made the first example. This person, pushed to the wall, and knowing that the man he had to deal with was desperate and cruel in his resentments, resolves on the first blow, and enters before the Council a regular information in writing of bribery against Mr. Hastings. In his preface to that charge he excuses himself for what is considered to be an act equally insane and wicked, and as the one inexpiable crime of an Indian, the discovery of the money he gives,--that Mr. Hastings had declaredly determined on his ruin, and to accomplish it had newly a.s.sociated himself with one Mohun Persaud, a name I wish your Lordships to remember, a bitter enemy of his, an infamous person, whom Mr. Hastings knew to be such, and as such had turned him out of his house,--that Mr.
Hastings had lately recalled, and held frequent communications with this Mohun Persaud, the subject of which he had no doubt was his ruin. In the year 1775 he was hanged by those incorrupt English judges who were sent to India by Parliament to protect the natives from oppression.
Your Lordships will observe that this new sale of the office of ministers succeeded to the sale of that of nabobs. All these varied and successive sales shook the country to pieces. As if those miserable exhausted provinces were to be cured of inanition by phlebotomy, while Cossim Ali was racking it above, the Company were drawing off all its nutriment below. A dreadful, an extensive, and most chargeable war followed. Half the northern force of India poured down like a torrent on Bengal, endangered our existence, and exhausted all our resources. The war was the fruit of Mr. Hastings"s cabals. Its termination, as usual, was the result of the military merit and the fortune of this nation.
Cossim Ali, after having been defeated toy the military genius and spirit of England, (for the Adamses, Monroes, and others of that period, I believe, showed as much skill and bravery as any of their predecessors,) in his flight swept away above three millions in money, jewels, or effects, out of a country which he had plundered and exhausted by his unheard-of exactions. However, he fought his way like a retiring lion, turning his face to his pursuers. He still fought along his frontier. His ability and his money drew to his cause the Subahdar of Oude, the famous Sujah ul Dowlah. The Mogul entered into these wars, and penetrated into the lower provinces on one side, whilst Bulwant Sing, the Rajah of Benares, entered them on another. After various changes of party and changes of fortune, the loss which began in the treachery of the civil service was, as I have before remarked, redeemed by military merit. Many examples of the same sort have since been seen.
Whilst these things were transacted in India, the Court of Directors in London, hearing of so many changes, hearing of such an incredible ma.s.s of perfidy and venality, knowing that there was a general market made of the country and of the Company, that the flame of war spread from province to province, that, in proportion as it spread, the fire glowed with augmented fierceness, and that the rapacity which originally gave rise to it was following it in all its progress,--the Company, my Lords, alarmed not only for their acquisitions, but their existence, and finding themselves sinking lower and lower by every victory they obtained, thought it necessary at length to come to some system and some settlement. After composing their differences with Lord Clive, they sent him out to that country about the year 1765, in order, by his name, weight, authority, and vigor of mind, to give some sort of form and stability to government, and to rectify the innumerable abuses which prevailed there, and particularly that great source of disorders, that fundamental abuse, presents: for the bribes by which all these revolutions were bought had not the name of conditions, stipulations, or rewards; they even had the free and gratuitous style of presents. The receivers contended that they were mere gratuities given for service done, or mere tokens of affection and grat.i.tude to the parties. They may give them what names they please, and your Lordships will think of them what you please; but they were the donations of misery to power, the gifts of sufferers to the oppressors; and consequently, where they prevailed, they left no certain property or fixed situation to any man in India, from the highest to the lowest.
The Court of Directors sent out orders to enlarge the servants"
covenants with new and severe clauses, strongly prohibiting the practice of receiving presents. Lord Clive himself had been a large receiver of them. Yet, as it was in the moment of a revolution which gave them all they possessed, the Company would hear no more of it. They sent him out to reform: whether they chose well or ill does not signify. I think, upon the whole, they chose well; because his name and authority could do much. They sent him out to redress the grievances of that country, and it was necessary he should be well armed for that service. They sent him out with such powers as no servant of the Company ever held before. I would not be understood here in my own character, much less in the delegated character in which I stand, to contend for any man in the totality of his conduct. Perhaps in some of his measures he was mistaken, and in some of his acts reprehensible; but justice obliges me to say, that the plan which he formed and the course which he pursued were in general great and well imagined,--that he laid great foundations, if they had been properly built upon. For, in the first place, he composed all the neighboring countries torn to pieces by the wars of Cossim Ali, and quieted the apprehensions raised by the opinion of the boundless ambition of England. He took strong measures to put an end to a great many of the abuses that prevailed in the country subject to the Company. He then proceeded to the upper provinces, and formed a plan which, for a military man, has great civil and political merit. He put a bound to the aspiring spirit of the Company"s servants; he limited its conquests; he prescribed bounds to its ambition. "First" (says he) "quiet the minds of the country; what you have obtained regulate; make it known to India that you resolve to acquire no more."
On this solid plan he fixed every prince that was concerned in the preceding wars, on the one side and on the other, in an happy and easy settlement. He restored Sujah ul Dowlah, who had been driven from his dominions by the military arm of Great Britain, to the rank of Vizier, and to the dominion of the territories of Oude. With a generosity that astonished all Asia, he reinstated this expelled enemy of his nation peaceably upon his throne. And this act of politic generosity did more towards quieting the minds of the people of Asia than all the terror, great as it was, of the English arms. At the same time, Lord Clive, generous to all, took peculiar care of our friends and allies. He took care of Bulwant Sing, the great Rajah of Benares, who had taken our part in the war. He secured him from the revenge of Sujah ul Dowlah. The Mogul had granted us the superiority over Bulwant Sing. Lord Clive reestablished him in a secure, easy independency. He confirmed him, under the British guaranty, in the rich princ.i.p.ality which he held.
The Mogul, the head of the Mussulman religion in India, and of the Indian empire, a head honored and esteemed even in its ruins, he procured to be recognized by all the persons that were connected with his empire. The rents that ought to be paid to the Vizier of the Empire he gave to the Vizierate. Thus our alliances were cemented, our enemies were reconciled, all Asia was conciliated by our settlement with the king. To that unhappy fugitive king, driven from place to place, the sport of fortune, now an emperor and now a prisoner, prayed for in every mosque in which his authority was conspired against, one day opposed by the coin struck in his name and the other day sold for it,--to this descendant of Tamerlane he allotted, with a decent share of royal dignity, an honorable fixed residence, where he might be useful and could not be dangerous.
As to the Bengal provinces, he did not take for the Company the viceroyalty, as Mr. Holwell would have persuaded, almost forced, the Company to do; but, to satisfy the prejudices of the Mahomedans, the country was left in the hands nominally of the Subah, or viceroy, who was to administer the criminal justice and the exterior forms of royalty. He obtained from the sovereign the _dewanny_. This is the great act of the const.i.tutional entrance of the Company into the body politic of India. It gave to the settlement of Bengal a fixed const.i.tutional form, with a legal t.i.tle, acknowledged and recognized now for the first time by all the natural powers of the country, because it arose from the charter of the undoubted sovereign. The _dewanny_, or high-stewardship, gave to the Company the collection and management of the revenue; and in this modest and civil character they appeared, not the oppressors, but the protectors of the people. This scheme had all the real power, without any invidious appearance of it; it gave them the revenue, without the parade of sovereignty. On this double foundation the government was happily settled. The minds of the natives were quieted.
The Company"s territories and views were circ.u.mscribed. The arm of force was put out of sight. The imperial name covered everything. The power of the purse was in the hand of the Company. The power of the sword was in effect so, as they contracted for the maintenance of the army. The Company had a revenue of a million and a half. The Nabob had, indeed, fallen from any real and effective power, yet the dignity of the court was maintained. The prejudices and interests of the Mahomedans, and particularly of their n.o.bility, who had suffered more by this great revolution even than the old inhabitants of the country, were consulted; for by this plan a revenue of 500,000_l._ was settled on the viceroyalty, which was thus enabled to provide in some measure for those great families. The Company likewise, by this plan, in order to enjoy their revenues securely, and to avoid envy and murmur, put them into the hands of Mahomed Reza Khan, whom Lord Clive found in the management of affairs, and did not displace; and he was now made deputy-steward to the Company, as he had been before lieutenant-viceroy to the Nabob. A British Resident at Moorshedabad was established as a control. The Company exercised their power over the revenue in the first instance through the natives, but the British Resident was in reality the great mover.
If ever this nation stood in a situation of glory throughout Asia, it was in that moment. But, as I have said, some material errors and mistakes were committed. After the formation of this plan, Lord Clive unfortunately did not stay long enough in the country to give consistency to the measures of reformation he had undertaken, but rapidly returned to England; and after his departure, the government that continued had not vigor or authority to support the settlement then made, and considerable abuses began to prevail in every quarter. Another capital period in our history here commences. Those who succeeded (though I believe one of them was one of the honestest men that ever served the Company, I mean Governor Verelst) had not weight enough to poise the system of the service, and consequently many abuses and grievances again prevailed. Supervisors were appointed to every district, as a check on the native collectors, and to report every abuse as it should arise. But they who were appointed to redress grievances were themselves accused of being guilty of them. However, the disorders were not of that violent kind which preceded Mr. Hastings"s departure, nor such as followed his return: no mercenary wars, no mercenary revolutions, no extirpation of nations, no violent convulsions in the revenue, no subversion of ancient houses, no general sales of any descriptions of men,--none of these, but certainly such grievances as made it necessary for the Company to send out another commission in 1769, with instructions pointing out the chief abuses. It was composed of Mr. Vansittart, Mr. Ford, and Mr. Scrafton. The unfortunate end of that commission is known to all the world; but I mention it in order to state that the receipt of presents was considered as one of the grievances which then prevailed in India, and that the supervisors under that commission were ordered upon no account whatever to take presents.
Upon the unfortunate catastrophe which happened, the Company was preparing to send out another for the rectification of these grievances, when Parliament thought it necessary to supersede that commission, to take the matter into their own hands, and to appoint another commission in a Parliamentary way (of which Mr. Hastings was one) for the better government of that country. Mr. Hastings, as I must mention to your Lordships, soon after the deposition and restoration of Jaffier Ali Khan, and before Lord Clive arrived, quitted for a while the scene in which he had been so mischievously employed, and returned to England to strengthen himself by those cabals which again sent him out with new authority to pursue the courses which were the natural sequel to his former proceedings. He returned to India with great power, indeed,--first to a seat in Council at Fort St. George, and from thence to succeed to the Presidency of Fort William. On him the Company placed their chief reliance. Happy had it been for them, happy for India and for England, if his conduct had been such as to spare your Lordships and the Commons the exhibition of this day!
When this government, with Mr. Hastings at the head of it, was settled, Moorshedabad did still continue the seat of the native government, and of all the collections. Here the Company was not satisfied with placing a Resident at the durbar, which was the first step to our a.s.suming the government in that country. These steps must be traced by your Lordships; for I should never have given you this trouble, if it was not necessary to possess you clearly of the several progressive steps by which the Company"s government came to be established and to supersede the native. The next step was the appointment of supervisors in every province, to oversee the native collector. The third was to establish a general Council of Revenue at Moorshedabad, to superintend the great steward, Mahomed Reza Khan. In 1772 that Council by Mr. Hastings was overturned, and the whole management of the revenue brought to Calcutta.
Mahomed Reza Khan, by orders of the Company, was turned out of all his offices, and turned out for reasons and principles which your Lordships will hereafter see; and at last the dewanny was entirely taken out of the native hands, and settled in the Supreme Council and Presidency itself in Calcutta; and so it remained until the year 1781, when Mr.
Hastings made another revolution, took it out of the hands of the Supreme Council, in which the orders of the Company, an act of Parliament, and their own act had vested it, and put it into a subordinate council: that is, it was entirely vested in himself.
Now your Lordships see the whole of the revolutions. I have stated them, I trust, with perspicuity,--stated the grounds and principles upon which they were made,--stated the abuses that grew upon them,--and that every revolution produced its abuse. You saw the native government vanish by degrees, until it was reduced to a situation fit for nothing but to become a private perquisite, as it has been, to Mr. Hastings, and to be granted to whom he pleased. The English government succeeded, at the head of which Mr. Hastings was placed by an act of Parliament, having before held the office of President of the Council,--the express object of both these appointments being to redress grievances; and within these two periods of his power, as President and Governor-General, were those crimes committed of which he now stands accused. All this history is merely by way of ill.u.s.tration: his crimination begins from his nomination to the Presidency; and we are to consider how he comported himself in that station, and in his office of Governor-General.
The first thing, in considering the merits or demerits of any governor, is to have some test by which they are to be tried. And here, my Lords, we conceive, that, when a British governor is sent abroad, he is sent to pursue the good of the people as much as possible in the spirit of the laws of this country, which in all respects intend their conservation, their happiness, and their prosperity. This is the principle upon which Mr. Hastings was bound to govern, and upon which he is to account for his conduct here. His rule was, what a British governor, intrusted with the power of this country, was bound to do or to forbear. If he has performed and if he has abstained as he ought, dismiss him honorably acquitted from your bar; otherwise condemn him. He may resort to other principles and to other maxims; but this country will force him to be tried by its laws. The law of this country recognizes that well-known crime called misconduct in office; it is a head of the law of England, and, so far as inferior courts are competent to try it, may be tried in them. Here your Lordships" competence is plenary: you are fully competent both to inquire into and to punish the offence.
And, first, I am to state to your Lordships, by the direction of those whom I am bound to obey, the principles on which Mr. Hastings declares he has conducted his government,--principles which he has avowed, first in several letters written to the East India Company, next in a paper of defence delivered to the House of Commons explicitly, and more explicitly in his defence before your Lordships. Nothing in Mr.
Hastings"s proceedings is so curious as his several defences; and nothing in the defences is so singular as the principles upon which he proceeds. Your Lordships will have to decide not only upon a large, connected, systematic train of misdemeanors, but an equally connected system of principles and maxims of government, invented to justify those misdemeanors. He has brought them forward and avowed them in the face of day. He has boldly and insultingly thrown them in the face of the representatives of a free people, and we cannot pa.s.s them by without adopting them. I am directed to protest against those grounds and principles upon which he frames his defence; for, if those grounds are good and valid, they carry off a great deal at least, if not entirely, the foundation of our charge.
My Lords, we contend that Mr. Hastings, as a British governor, ought to govern on British principles, not by British forms,--G.o.d forbid!--for if ever there was a case in which the letter kills and the spirit gives life, it would be an attempt to introduce British forms and the substance of despotic principles together into any country. No! We call for that spirit of equity, that spirit of justice, that spirit of protection, that spirit of lenity, which ought to characterize every British subject in power; and on these, and these principles only, he will be tried.
But he has told your Lordships, in his defence, that actions in Asia do not bear the same moral qualities which the same actions would bear in Europe.
My Lords, we positively deny that principle. I am authorized and called upon to deny it. And having stated at large what he means by saying that the same actions have not the same qualities in Asia and in Europe, we are to let your Lordships know that these gentlemen have formed a plan of _geographical morality_, by which the duties of men, in public and in private situations, are not to be governed by their relation to the great Governor of the Universe, or by their relation to mankind, but by climates, degrees of longitude, parallels, not of life, but of lat.i.tudes: as if, when you have crossed the equinoctial, all the virtues die, as they say some insects die when they cross the line; as if there were a kind of baptism, like that practised by seamen, by which they unbaptize themselves of all that they learned in Europe, and after which a new order and system of things commenced.
This geographical morality we do protest against; Mr. Hastings shall not screen himself under it; and on this point I hope and trust many words will not be necessary to satisfy your Lordships. But we think it necessary, in justification of ourselves, to declare that the laws of morality are the same everywhere, and that there is no action which would pa.s.s for an act of extortion, of peculation, of bribery, and of oppression in England, that is not an act of extortion, of peculation, of bribery, and oppression in Europe, Asia, Africa, and all the world over. This I contend for not in the technical forms of it, but I contend for it in the substance.
Mr. Hastings comes before your Lordships not as a British governor answering to a British tribunal, but as a subahdar, as a bashaw of three tails. He says, "I had an arbitrary power to exercise: I exercised it.
Slaves I found the people: slaves they are,--they are so by their const.i.tution; and if they are, I did not make it for them. I was unfortunately bound to exercise this arbitrary power, and accordingly I did exercise it. It was disagreeable to me, but I did exercise it; and no other power can be exercised in that country." This, if it be true, is a plea in bar. But I trust and hope your Lordships will not judge by laws and inst.i.tutions which you do not know, against those laws and inst.i.tutions which you do know, and under whose power and authority Mr.
Hastings went out to India. Can your Lordships patiently hear what _we_ have heard with indignation enough, and what, if there were nothing else, would call these principles, as well as the actions which are justified on such principles, to your Lordships" bar, that it may be known whether the peers of England do not sympathize with the Commons in their detestation of such doctrine? Think of an English governor tried before you as a British subject, and yet declaring that he governed on the principles of arbitrary power! His plea is, that he did govern there on arbitrary and despotic, and, as he supposes, Oriental principles. And as this plea is boldly avowed and maintained, and as, no doubt, all his conduct was perfectly correspondent to these principles, the principles and the conduct must be tried together.
If your Lordships will now permit me, I will state one of the many places in which he has avowed these principles as the basis and foundation of all his conduct. "The sovereignty which they a.s.sumed, it fell to my lot, very unexpectedly, to exert; and whether or not such power, or powers of that nature, were delegated to me by any provisions of any act of Parliament, I confess myself too little of a lawyer to p.r.o.nounce. I only know that the acceptance of the sovereignty of Benares, &c., is not acknowledged or admitted by any act of Parliament; and yet, by the particular interference of the majority of the Council, the Company is clearly and indisputably seized of that sovereignty." So that this gentleman, because he is not a lawyer, nor clothed with those robes which distinguish, and well distinguish, the learning of this country, is not to know anything of his duty; and whether he was bound by any, or what act of Parliament, is a thing he is not lawyer enough to know! Now, if your Lordships will suffer the laws to be broken by those who are not of the long robe, I am afraid those of the long robe will have none to punish but those of their own profession. He therefore goes to a law he is better acquainted with,--that is, the law of arbitrary power and force, if it deserves to be called by the name of law. "If, therefore," says he, "the _sovereignty_ of Benares, as ceded to us by the Vizier, have _any rights whatever_ annexed to it, and be not a mere empty word without meaning, those rights must be such as are held, countenanced, and established by the law, custom, and usage of the Mogul empire, and not by the provisions of any British act of Parliament hitherto enacted. _Those rights_, and none other, I have been the involuntary instrument of enforcing. And if any future act of Parliament shall positively or by implication tend to annihilate those very rights, or their exertion as I have exerted them, I much fear that the boasted sovereignty of Benares, which was held up as an acquisition, almost obtruded on the Company against my consent and opinion, (for I acknowledge that even then I foresaw many difficulties and inconveniences in its future exercise,)--I fear, I say, that this sovereignty will be found a burden instead of a benefit, a heavy clog rather than a precious gem to its present possessors: I mean, unless the whole of our territory in that quarter shall be rounded and made an uniform compact body by one grand and systematic arrangement.--such an arrangement as shall do away all the mischiefs, doubts, and inconveniences (both to the governors and the governed) arising from the variety of tenures, rights, and claims in all cases of landed property and feudal jurisdiction in India, from the informality, invalidity, and instability of all engagements in so divided and unsettled a state of society, and from the unavoidable anarchy and confusion of different laws, religions, and prejudices, moral, civil, and political, all jumbled together in one unnatural and discordant ma.s.s.
"Every part of Hindostan has been constantly exposed to these and similar disadvantages ever since the Mahomedan conquests. The Hindoos, who never incorporated with their conquerors, were kept in order only by the strong hand of power. The constant necessity of similar exertions would increase at once their energy and extent; so that rebellion itself is the parent and promoter of despotism. Sovereignty in India implies nothing else. For I know not how we can form an estimate of its powers, but from its visible effects; and those are everywhere the same, from Cabool to a.s.sam. The whole history of Asia is nothing more than precedents to prove the invariable exercise of arbitrary power. To all this I strongly alluded in the minutes I delivered in Council, when the treaty with the new Vizier was on foot in 1775; and I wished to make Cheyt Sing independent, because in India dependence included a thousand evils, many of which I enumerated at that time, and they are entered in the ninth clause of the first section of this charge. I knew the powers with which an Indian sovereignty is armed, and the dangers to which tributaries are exposed. I knew, that, from the history of Asia, and from the very nature of mankind, the subjects of a despotic empire are always vigilant for the moment to rebel, and the sovereign is ever jealous of rebellious intentions. A zemindar is an Indian subject, and as such exposed to the common lot of his fellows. _The mean and depraved state of a mere zemindar_ is therefore this very dependence above mentioned on a despotic government, this very p.r.o.neness to shake off his allegiance, and this very exposure to continual danger from his sovereign"s jealousy, which are consequent on the political state of Hindostanic governments. Bulwant Sing, if he had been, and Cheyt Sing, as long as he was a zemindar, stood exactly in this _mean and depraved state_ by the const.i.tution of his country. I did not make it for him, but would have secured him from it. Those who made him a zemindar entailed upon him the consequences of so mean and depraved a tenure.
Aliverdy Khan and Cossim Ali fined all their zemindars on the necessities of war, and on every pretence either of court necessity or court extravagance."
My Lords, you have now heard the principles on which Mr. Hastings governs the part of Asia subjected to the British empire. You have heard his opinion of the mean and depraved state of those who are subject to it. You have heard his lecture upon arbitrary power, which he states to be the const.i.tution of Asia. You hear the application he makes of it; and you hear the practices which he employs to justify it, and who the persons were on whose authority he relies, and whose example he professes to follow. In the first place, your Lordships will be astonished at the audacity with which he speaks of his own administration, as if he was reading a speculative lecture on the evils attendant upon some vicious system of foreign government in which he had no sort of concern whatsoever. And then, when in this speculative way he has established, or thinks he has, the vices of the government, he conceives he has found a sufficient apology for his own crimes. And if he violates the most solemn engagements, if he oppresses, extorts, and robs, if he imprisons, confiscates, banishes at his sole will and pleasure, when we accuse him for his ill-treatment of the people committed to him as a sacred trust, his defence is,--"To be robbed, violated, oppressed, is their privilege. Let the const.i.tution of their country answer for it. I did not make it for them. Slaves I found them, and as slaves I have treated them. I was a despotic prince. Despotic governments are jealous, and the subjects p.r.o.ne to rebellion. This very p.r.o.neness of the subject to shake off his allegiance exposes him to continual danger from his sovereign"s jealousy, and this is consequent on the political state of Hindostanic governments." He lays it down as a rule, that despotism is the genuine const.i.tution of India, that a disposition to rebellion in the subject or dependent prince is the necessary effect of this despotism, and that jealousy and its consequences naturally arise on the part of the sovereign,--that the government is everything, and the subject nothing,--that the great landed men are in a mean and depraved state, and subject to many evils.
Such a state of things, if true, would warrant conclusions directly opposite to those which Mr. Hastings means to draw from them, both argumentatively and practically, first to influence his conduct, and then to bottom his defence of it.
Perhaps you will imagine that the man who avows these principles of arbitrary government, and pleads them as the justification of acts which nothing else can justify, is of opinion that they are on the whole good for the people over whom they are exercised. The very reverse. He mentions them as horrible things, tending to inflict on the people a thousand evils, and to bring on the ruler a continual train of dangers.
Yet he states, that your acquisitions in India will be a detriment instead of an advantage, if you destroy arbitrary power, unless you can reduce all the religious establishments, all the civil inst.i.tutions, and tenures of land, into one uniform ma.s.s,--that is, unless by acts of arbitrary power you extinguish all the laws, rights, and religious principles of the people, and force them to an uniformity, and on that uniformity build a system of arbitrary power.
But nothing is more false than that despotism is the const.i.tution of any country in Asia that we are acquainted with. It is certainly not true of any Mahomedan const.i.tution. But if it were, do your Lordships really think that the nation would bear, that any human creature would bear, to hear an English governor defend himself on such principles? or, if he can defend himself on such principles, is it possible to deny the conclusion, that no man in India has a security for anything, but by being totally independent of the British government? Here he has declared his opinion, that he is a despotic prince, that he is to use arbitrary power; and of course all his acts are covered with that shield. "_I know_," says he, "_the const.i.tution of Asia only from its practice_." Will your Lordships submit to hear the corrupt practices of mankind made the principles of government? No! it will be your pride and glory to teach men intrusted with power, that, in their use of it, they are to conform to principles, and not to draw their principles from the corrupt practice of any man whatever. Was there ever heard, or could it be conceived, that a governor would dare to heap up all the evil practices, all the cruelties, oppressions, extortions, corruptions, briberies, of all the ferocious usurpers, desperate robbers, thieves, cheats, and jugglers, that ever had office, from one end of Asia to another, and, consolidating all this ma.s.s of the crimes and absurdities of barbarous domination into one code, establish it as the whole duty of an English governor? I believe that till this time so audacious a thing was never attempted by man.
_He_ have arbitrary power! My Lords, the East India Company have not arbitrary power to give him; the king has no arbitrary power to give him; your Lordships have not; nor the Commons, nor the whole legislature. We have no arbitrary power to give, because arbitrary power is a thing which neither any man can hold nor any man can give. No man can lawfully govern himself according to his own will; much less can one person be governed by the will of another. We are all born in subjection,--all born equally, high and low, governors and governed, in subjection to one great, immutable, preexistent law, prior to all our devices and prior to all our contrivances, paramount to all our ideas and all our sensations, antecedent to our very existence, by which we are knit and connected in the eternal frame of the universe, out of which we cannot stir.
This great law does not arise from our conventions or compacts; on the contrary, it gives to our conventions and compacts all the force and sanction they can have. It does not arise from our vain inst.i.tutions.
Every good gift is of G.o.d; all power is of G.o.d; and He who has given the power, and from whom alone it originates, will never suffer the exercise of it to be practised upon any less solid foundation than the power itself. If, then, all dominion of man over man is the effect of the Divine disposition, it is bound by the eternal laws of Him that gave it, with which no human authority can dispense,--neither he that exercises it, nor even those who are subject to it; and if they were mad enough to make an express compact that should release their magistrate from his duty, and should declare their lives, liberties, and properties dependent upon, not rules and laws, but his mere capricious will, that covenant would be void. The acceptor of it has not his authority increased, but he has his crime doubled. Therefore can it be imagined, if this be true, that He will suffer this great gift of government, the greatest, the best, that was ever given by G.o.d to mankind, to be the plaything and the sport of the feeble will of a man, who, by a blasphemous, absurd, and petulant usurpation, would place his own feeble, contemptible, ridiculous will in the place of the Divine wisdom and justice?
The t.i.tle of conquest makes no difference at all. No conquest can give such a right; for conquest, that is, force, cannot convert its own injustice into a just t.i.tle, by which it may rule others at its pleasure. By conquest, which is a more immediate designation of the hand of G.o.d, the conqueror succeeds to all the painful duties and subordination to the power of G.o.d which belonged to the sovereign whom he has displaced, just as if he had come in by the positive law of some descent or some election. To this at least he is strictly bound: he ought to govern them as he governs his own subjects. But every wise conqueror has gone much further than he was bound to go. It has been his ambition and his policy to reconcile the vanquished to his fortune, to show that they had gained by the change, to convert their momentary suffering into a long benefit, and to draw from the humiliation of his enemies an accession to his own glory. This has been so constant a practice, that it is to repeat the histories of all politic conquerors in all nations and in all times; and I will not so much distrust your Lordships" enlightened and discriminating studies and correct memories as to allude to one of them. I will only show you that the Court of Directors, under whom he served, has adopted that idea,--that they constantly inculcated it to him, and to all the servants,--that they run a parallel between their own and the native government, and, supposing it to be very evil, did not hold it up as an example to be followed, but as an abuse to be corrected,--that they never made it a question, whether India is to be improved by English law and liberty, or English law and liberty vitiated by Indian corruption.
No, my Lords, this arbitrary power is not to be had by conquest. Nor can any sovereign have it by succession; for no man can succeed to fraud, rapine, and violence. Neither by compact, covenant, or submission,--for men cannot covenant themselves out of their rights and their duties,--nor by any other means, can arbitrary power be conveyed to any man. Those who give to others such rights perform acts that are void as they are given,--good indeed and valid only as tending to subject themselves, and those who act with them, to the Divine displeasure; because morally there can be no such power. Those who give and those who receive arbitrary power are alike criminal; and there is no man but is bound to resist it to the best of his power, wherever it shall show its face to the world. It is a crime to bear it, when it can be rationally shaken off. Nothing but absolute impotence can justify men in not resisting it to the utmost of their ability.
Law and arbitrary power are in eternal enmity. Name me a magistrate, and I will name property; name me power, and I will name protection. It is a contradiction in terms, it is blasphemy in religion, it is wickedness in politics, to say that any man can have arbitrary power. In every patent of office the duty is included. For what else does a magistrate exist?
To suppose for power is an absurdity in idea. Judges are guided and governed by the eternal laws of justice, to which we are all subject. We may bite our chains, if we will, but we shall be made to know ourselves, and be taught that man is born to be governed by law; and he that will subst.i.tute _will_ in the place of it is an enemy to G.o.d.
Despotism does not in the smallest degree abrogate, alter, or lessen any one duty of any one relation of life, or weaken the force or obligation of any one engagement or contract whatsoever. Despotism, if it means anything that is at all defensible, means a mode of government bound by no written rules, and coerced by no controlling magistracies or well-settled orders in the state. But if it has no written law, it neither does nor can cancel the primeval, indefeasible, unalterable law of Nature and of nations; and if no magistracies control its exertions, those exertions must derive their limitation and direction either from the equity and moderation of the ruler, or from downright revolt on the part of the subject by rebellion, divested of all its criminal qualities. The moment a sovereign removes the idea of security and protection from his subjects, and declares that he is everything and they nothing, when he declares that no contract he makes with them can or ought to bind him, he then declares war upon them: he is no longer sovereign; they are no longer subjects.
No man, therefore, has a right to arbitrary power. But the thought which is suggested by the depravity of him who brings it forward is supported by a gross confusion of ideas and principles, which your Lordships well know how to discern and separate. It is manifest, that, in the Eastern governments, and the Western, and in all governments, the supreme power in the state cannot, whilst that state subsists, be rendered criminally responsible for its actions: otherwise it would not be the supreme power. It is certainly true: but the actions do not change their nature by losing their responsibility. The arbitrary acts which are unpunished are not the less vicious, though none but G.o.d, the conscience, and the opinions of mankind take cognizance of them.
It is not merely so in this or that government, but in all countries.
The king in this country is undoubtedly unaccountable for his actions.
The House of Lords, if it should ever exercise, (G.o.d forbid I should suspect it would ever do what it has never done!)--but if it should ever abuse its judicial power, and give such a judgment as it ought not to give, whether from fear of popular clamor on the one hand, or predilection to the prisoner on the other,--if they abuse their judgments, there is no calling them to an account for it. And so, if the Commons should abuse their power, nay, if they should have been so greatly delinquent as not to have prosecuted this offender, they could not be accountable for it; there is no punishing them for their acts, because we exercise a part of the supreme power. But are they less criminal, less rebellious against the Divine Majesty? are they less hateful to man, whose opinions they ought to cultivate as far as they are just? No: till society fall into a state of dissolution, they cannot be accountable for their acts. But it is from confounding the unaccountable character inherent in the supreme power with arbitrary power, that all this confusion of ideas has arisen.
Even upon a supposition that arbitrary power can exist anywhere, which we deny totally, and which your Lordships will be the first and proudest to deny, still, absolute supreme dominion was never conferred or delegated by you,--much less, arbitrary power, which never did in any case, nor ever will in any case, time, or country, produce any one of the ends of just government.
It is true that the supreme power in every const.i.tution of government must be absolute, and this may be corrupted into the arbitrary. But all good const.i.tutions have established certain fixed rules for the exercise of their functions, which they rarely or ever depart from, and which rules form the security against that worst of evils, the government of will and force instead of wisdom and justice.
But though the supreme power is in a situation resembling arbitrary, yet never was there heard of in the history of the world, that is, in that mixed chaos of human wisdom and folly, such a thing as an _intermediate_ arbitrary power,--that is, of an officer of government who is to exert authority over the people without any law at all, and who is to have the benefit of all laws, and all forms of law, when he is called to an account. For that is to let a wild beast (for such is a man without law) loose upon the people to prey on them at his pleasure, whilst all the laws which ought to secure the people against the abuse of power are employed to screen that abuse against the cries of the people.
This is _de facto_ the state of our Indian government. But to establish it so in right as well as in fact is a thing left for us to begin with, the first of mankind. For a subordinate arbitrary or even despotic power never was heard of in right, claim, or authorized practice; least of all has it been heard of in the Eastern governments, where all the instances of severity and cruelty fall upon governors and persons intrusted with power. This would be a gross contradiction. Before Mr. Hastings, none ever came before his superiors to claim it; because, if any such thing could exist, he claims the very power of that sovereign who calls him to account.
But suppose a man to come before us, denying all the benefits of law to the people under him,--and yet, when he is called to account, to claim all the benefits of that law which was made to screen mankind from the excesses of power: such a claim, I will venture to say, is a monster that never existed, except in the wild imagination of some theorist. It cannot be admitted, because it is a perversion of the fundamental principle, that every power given for the protection of the people below should be responsible to the power above. It is to suppose that the people shall have no laws with regard to _him_, yet, when _he_ comes to be tried, he shall claim the protection of those laws which were made to secure the people from his violence,--that he shall claim a fair trial, an equitable hearing, every advantage of counsel, (G.o.d forbid he should not have them!) yet that the people under him shall have none of those advantages. The reverse is the principle of every just and rational procedure. For the people, who have nothing to use but their natural faculties, ought to be gently dealt with; but those who are intrusted with an artificial and inst.i.tuted authority have in their hands a great deal of the force of other people; and as their temptations to injustice are greater, so their moans are infinitely more effectual for mischief by turning the powers given for the preservation of society to its destruction: so that, if an arbitrary procedure be justifiable, (a strong one I am sure is,) it is when used against those who pretend to use it against others.
My Lords, I will venture to say of the governments of Asia, that none of them ever had an arbitrary power; and if any governments had an arbitrary power, they cannot delegate it to any persons under them: that is, they cannot so delegate it to others as not to leave them accountable on the principles upon which it was given. As this is a contradiction in terms, a gross absurdity, as well as a monstrous wickedness, let me say, for the honor of human nature, that, although undoubtedly we may speak it with the pride of England that we have better inst.i.tutions for the preservation of the rights of men than any other country in the world, yet I will venture to say that no country has wholly meant, or ever meant, to give this power.
As it cannot exist in right on any rational and solid principles of government, so neither does it exist in the const.i.tution of Oriental governments,--and I do insist upon it, that Oriental governments know nothing of arbitrary power. I have taken as much pains as I could to examine into the const.i.tutions of them. I have been endeavoring to inform myself at all times on this subject; of late my duty has led me to a more minute inspection of them; and I do challenge the whole race of man to show me any of the Oriental governors claiming to themselves a right to act by arbitrary will.
The greatest part of Asia is under Mahomedan governments. To name a Mahomedan government is to name a government by law. It is a law enforced by stronger sanctions than any law that can bind a Christian sovereign. Their law is believed to be given by G.o.d; and it has the double sanction of law and of religion, with which the prince is no more authorized to dispense than any one else. And if any man will produce the Koran to me, and will but show me one text in it that authorizes in any degree an arbitrary power in the government, I will confess that I have read that book, and been conversant in the affairs of Asia, in vain. There is not such a syllable in it; but, on the contrary, against oppressors by name every letter of that law is fulminated. There are interpreters established throughout all Asia to explain that law, an order of priesthood, whom they call _men of the law_. These men are conservators of the law; and to enable them to preserve it in its perfection, they are secured from the resentment of the sovereign: for he cannot touch them. Even their kings are not always vested with a real supreme power, but the government is in some degree republican.