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

I have particularly dwelt upon the administration of justice, because I consider it as the source of all good, and the maladministration of it as the source of all evil in the country. Your Lordships have heard how it was totally destroyed by Mr. Hastings through Sir John D'Oyly, who was sent there by him for the purpose of forming a clandestine government of corruption and peculation. This part of our charge speaks for itself, and I shall dismiss it with a single observation,—that not the least trace of an account of all these vast sums of money delivered into the hands of Sir John D'Oyly for the use of the Nabob appears in any part of the Company's records. The undeniable inferences to be drawn from this fact are, first, that, wherever we find concealment of money, and the ceasing of an account, there has been fraud,—and, secondly, that, if we find this concealment accompanied with the devastation of a country, and the extinction of justice in it, that devastation of the country and that extinction of justice have been the result of that fraudulent peculation.

I am sure your Lordships will not think that a charge of the annihilation of administrative justice, in which the happiness and prosperity of a great body of nobility, of numerous ancient and respectable families, and of the inhabitants in general of extensive and populous provinces are concerned, can, if it stood single and alone, be a matter of trifling moment. And in favor of whom do all these sacrifices appear to have been made? In favor of an old prostitute, who, if shown to your Lordships here, like Helen to the counsellors of Troy, would not, I think, be admitted to have charms that could palliate this man's abominable conduct; you would not cry out with them,—

 
Οὐ νέμεσις, …
Τοιῇδ' ἀμφὶ γυναικὶ πολὺν χρόνον ἂλγεα πάσχειν.
 

For I will fairly say that there are some passions that have their excuses; but the passion towards this woman was the passion of avarice and rapacity only,—a passion, indeed, which lasted to the end of his government, and for which he defied the orders of the Court of Directors, rebelled against his masters, and finally subverted the justice of a great country.

My Lords, I have done with this business. I come next to the third division of the natives, those who form the landed interest of the country. A few words only will be necessary upon this part of the subject. The fact is, that Mr. Hastings, at one stroke, put up the property of all the nobility and gentry, and of all the freeholders, in short, the whole landed interest of Bengal, to a public auction, and let it to the highest bidder. I will make no observations upon the nature of this measure to your Lordships, who represent so large a part of the dignity, together with so large a part of the landed interest of this kingdom: though I think, that, even under your Lordships' restrictive order, I am entitled so to do; because we have examined some witnesses upon this point, in the revenue charge. Suffice it to say, that it is in evidence before your Lordships that this sale was ordered. Mr. Hastings does not deny it. He says, indeed, he did it not with an ill intention. My answer is, that it could have been done with no other than a bad intention. The owners of the land had no way left to save themselves but to become farmers of their own estates; and from the competition which naturally took place, (and he himself declared, that the persons, whether owners or strangers, to whom he let the lands, had agreed to rents which surpassed their abilities to pay,) I need not tell you what must have been the consequence, when it got into such rapacious hands, and was taken out of the hands of its natural proprietors: that the public revenue had sunk and lost by it, and that the country was wasted and destroyed. I leave it to your Lordships' own meditation and reflection; and I shall not press it one step further than just to remind you of what has been so well opened and pressed by my fellow Managers. He, Mr. Hastings, confesses that he let the lands to his own banians; he took his own domestic servants and put them in the houses of the nobility of the country; and this he did in direct violation of an express order made by himself, that no banian of a collector (the spirit of which order implied ten thousand times more strongly the exclusion of any banians of a Governor-General) should have any one of those farms. We also find that he made a regulation that no farmers should rent more than a lac of rupees; but at the same time we find his banians holding several farms to more than that amount. In short, we find that in every instance, where, under some plausible pretence or other, the fixed regulations are violated, it touches him so closely as to make it absolutely impossible not to suppose that he himself had the advantage of it.

For, in the first place, you have proof that he does take bribes, and that he has corrupt dealings. This is what he admits; but he says that he has done it from public-spirited motives. Now there is a rule, formed upon a just, solid presumption of law, that, if you find a man guilty of one offence contrary to known law, whenever there is a suspicious case against him of the same nature, the onus probandi that he is not guilty is turned upon him. Therefore, when I find the regulations broken,—when I find farms given of more than a lac of rupees,—when I find them given to the Governor-General's own banian, contrary to the principle of the regulation, contrary, I say, in the strongest way to it,—when I find that he accumulates farms beyond the regulated number,—when I find all these things done, and besides that the banian has great balances of account against him,—then, by the presumption of law, I am bound to believe that all this was done, not for the servants, but for the master.

It is possible Mr. Hastings might really be in love with Munny Begum; be it so,—many great men have played the fool for prostitutes, from Mark Antony's days downwards; but no man ever fell in love with his own banian. The persons for whom Mr. Hastings was guilty of all this rapine and oppression have neither relations nor kindred whom they own, nor does any trace of friendship exist among them; they do not live in habits of intimacy with any one; they are good fellows and bottle-companions.

I must now proceed to observe upon another matter which has been stated to your Lordships,—namely, that, as soon as he obtained the majority in the Council, (that beginning of all evils, that opening of Pandora's box,) by the death of General Clavering and Colonel Monson, the first thing he did was to appoint a commission, called an aumeeny, to go through the whole country, to enter every man's house, to examine his title-deeds, and to demand his papers of accounts of every kind, for the purpose of enabling himself to take advantage of the hopes and fears of all the parties concerned, and thus to ravage and destroy all their property.

And whom does he place at the head of this commission, to be the manager of the whole affair? Gunga Govind Sing, another banian of his, and one of his own domestic servants. This we have discovered lately, and not without some surprise; for though I knew he kept a rogue in his house, yet I did not think that it was a common receptacle of thieves and robbers. I did not know till lately that this Gunga Govind Sing was his domestic servant; but Mr. Hastings, in a letter to the Court of Directors, calls him his faithful domestic servant, and as such calls upon the Company to reward him. To this banian all the Company's servants are made subject; they are bound to obey all his orders, and those of his committee. I hope I need not tell your Lordships what sort of stuff this committee was made of, by which Gunga Govind Sing was enabled to ravage the whole country.

But, say his counsel, Mr. Hastings thought that the value of the lands was thoroughly known; they had been investigated three times over, and they were all let by public auction to the highest bidder.—This may or may not be a true test of their value; but it is a test which, as it led to the almost entire confiscation of the landed interest of Bengal, Bahar, and Orissa, three great kingdoms, by a dash of that man's pen, into the hands of his banians and creatures, I can never think of it, or of its author, without horror.

Some people say, you ought to hate the crime and love the criminal. No, that is the language of false morality; you ought to hate the crime and the criminal, if the crime is of magnitude. If the crime is a small one, then you ought to be angry with the crime and reluctant to punish the criminal; but when there are great crimes, then you may hate them together. What! am I to love Nero? to fall in love with Heliogabalus? is Domitian to be the subject of my affection? No, we hate the crime, and we hate the criminal ten times more; and if I use indignant language, if I use the language of scorn and horror with respect to the criminal, I use the language that becomes me.

But, says one of the counsel, the Company might possess a knowledge of the country in general, but they could not know every bega, of it, (about the third part of an acre of land,) without such a commission. That is to say, you could not squeeze everything out of the people, without ordering such a villain as Gunga Govind Sing, (I call things, by their names,) that most atrocious and wicked instrument of the most atrocious and wicked tyranny, to examine every man's papers, to oblige every man to produce his titles and accounts upon pain of criminal punishment, to be inflicted at the discretion of this commissioner, this Gunga Govind Sing. For an account of these acts, and for a description of an aumeeny, I refer your Lordships to the evidence in your Minutes, from page 1287 to 1301; and I pass on, expressing only my horror and detestation at it, and wishing to kindle in your Lordships' minds the same horror and detestation of it.

Thus you see that Mr. Hastings was not satisfied with confiscation only. He comes just afterwards with a blister upon the sore. He lets loose another set of ravagers and inquisitors upon them, under Gunga Govind Sing, and these poor people are ravaged by the whole tribe of Calcutta banians.

Mr. Hastings has himself defined an aumeen in page 1022, where he states that Nundcomar desired him to make his son an aumeen. "The promise which he [Nundcomar] says I made him, that he should be constituted aumeen, that is, inquisitor-general over the whole country, and that I would delegate to him my whole power and influence, is something more than a negative falsehood." He justly and naturally reprobates the proposition of appointing an inquisitor-general over the whole country; and yet we see him afterwards appointing Gunga Govind Sing such an inquisitor-general over the whole country, in order that a bega of land should not escape him.

Let us see how all this ended, and what it is that leads me directly to the presumption of corruption against him in this wicked aumeeny scheme. Now I will admit the whole scheme to have been well intended, I will forgive the letting all the lands of Bengal by public auction, I will forgive all he has done with regard to his banians, I shall forgive him even this commission itself, if he will show your Lordships that there was the smallest use made of it with regard to the settlement of the revenues of the Company. If there was not, then there is obviously one use only that could be made of it, namely, to put all the people of the whole country under obedience to Gunga Govind Sing. What, then, was done? Titles and accounts were exacted; the estimate was made, acre by acre; but we have not been able to find one word on their records of any return that was made to the Company of this investigation, or of any settlement or assessment of the country founded upon it, or of any regulation that was established upon it. Therefore, as an honest man, and as a man who is standing here for the Commons of Great Britain, I must not give way to any idle doubts and ridiculous suppositions. I cannot, I say, entertain any doubts that the only purpose it was designed to answer was to subject the whole landed interest of the country to the cruel inquisition of Gunga Govind Sing, and to the cruel purposes of Mr. Hastings. Show me another purpose and I will give up the argument: for if there are two ways of accounting for the same act, it is possible it may be attributed to the better motive; but when we see that a bad thing was done under pretence of some good, we must attach a bad motive to it, if the pretence be never fulfilled.

I have now done with the landed interest of Bengal. I have omitted much which might have been pressed upon your Lordships, not from any indisposition to remark upon the matter more fully, but because it has been done already by abler persons; I only wished to make some practical inferences, which, perhaps, in the hurry of my brother Managers, might possibly have escaped them; I wished to show you that one system of known or justly presumed corruption pervades the whole of this business, from one end to the other. Having thus disposed of the native landed interest, and the native zemindars or landholders of the country, I pass to the English government.

My Lords, when we have shown plainly the utter extinction of the native Mahometan government, when we have shown the extinction of the native landed interest, what hope can there be for that afflicted country but in the servants of the Company? When we have shown the corrupt state of that service, what hope but from the Court of Directors, what hope but in the superintending control of British tribunals? I think as well of the body of my countrymen as any man can do. I do not think that any man sent out to India is sent with an ill purpose, or goes out with bad dispositions. No: I think the young men who go there are fair and faithful representatives of the people of the same age,—uncorrupted, but corruptible from their age, as we all are. They are sent there young. There is but one thing held out to them,—"You are going to make your fortune." The Company's service is to be the restoration of decayed noble families; it is to be the renovation of old, and the making of new ones. Now, when such a set of young men are sent out with these hopes and views, and with little education, or a very imperfect one,—when these people, from whatever rank of life selected, many from the best, most from the middling, very few from the lowest, but, high, middling, or low, they are sent out to make two things coincide which the wit of man was never able to unite, to make their fortune and form their education at once. What is the education of the generality of the world? Reading a parcel of books? No. Restraint of discipline, emulation, examples of virtues and of justice, form the education of the world. If the Company's servants have not that education, and are left to give loose to their natural passions, some would be corrupt of course, and some would be uncorrupt; but probably the majority of them would be inclined to pursue moderate courses between these two. Now I am to show you that Mr. Hastings left these servants but this alternative: "Be starved, be depressed, be ruined, disappoint the hopes of your families, or be my slaves, be ready to be subservient to me in every iniquity I shall order you to commit, and to conceal everything I shall wish you to conceal." This was the state of the service. Therefore the Commons did well and wisely, when they sent us here, not to attack this or that servant who may have peculated, but to punish the man who was sent to reform abuses, and to make Bengal furnish to the world a brilliant example of British justice.

I shall now proceed to state briefly the abuses of the Company's government,—to show you what Mr. Hastings was expected to do for their reformation, and what he actually did do; I shall then show your Lordships the effects of the whole.

I shall begin by reading to your Lordships an extract from the Directors' letter to Bengal, of the 10th April, 1773.

"We wish we could refute the observation, that almost every attempt made by us and our administrations at your Presidency for the reforming of abuses has rather increased them, and added to the miseries of the country we are so anxious to protect and cherish. The truth of this observation appears fully in the late appointment of supervisors and chiefs. Instituted as they were, to give relief to the industrious tenants, to improve and enlarge our investments, to destroy monopolies and retrench expenses, the end has by no means been answerable to the institution. Are not the tenants more than ever oppressed and wretched? Are our investments improved? Have not the raw silk and cocoons been raised upon us fifty per cent in price? We can hardly say what has not been made a monopoly. And as to the expenses of your Presidency, they are at length swelled to a degree we are no longer able to support. These facts (for such they are) should have been stated to us as capital reasons why neither our orders of 1771, nor indeed any regulations whatever, could be carried into execution. But, perhaps, as this would have proved too much, it was not suggested to us; for nothing could more plainly indicate a state of anarchy, and that there was no government existing in our servants in Bengal."

"And therefore, when oppression pervades the whole country, when youths have been suffered with impunity to exercise sovereign jurisdiction over the natives, and to acquire rapid fortunes by monopolizing of commerce, it cannot be a wonder to us or yourselves, that dadney merchants do not come forward to contract with the Company, that the manufactures find their way through foreign channels, or that our investments are at once enormously dear and of a debased quality.

"It is evident that the evils which have been so destructive to us lie too deep for any partial plans to reach or correct; it is therefore our resolution to aim at the root of these evils: and we are happy in having reason to believe that in every just and necessary regulation we shall meet with the approbation and support of the legislature, who consider the public as materially interested in the Company's prosperity.

"In order to effectuate this great end, the first step must be to restore perfect obedience and due subordination to your administration. Our Governor and Council must reassume and exercise their delegated powers upon every just occasion,—punish delinquents, cherish the meritorious, discountenance that luxury and dissipation which, to the reproach of government, prevailed in Bengal. Our President, Mr. Hastings, we trust, will set the example of temperance, economy, and application; and upon this, we are sensible, much will depend. And here we take occasion, to indulge the pleasure we have in acknowledging Mr. Hastings's services upon the coast of Coromandel, in constructing, with equal labor and ability, the plan which has so much improved our investments there; and as we are persuaded he will persevere in the same laudable pursuit through every branch of our affairs in Bengal, he, in return, may depend on the steady support and favor of his employers.

"Your settlement being thus put into a train of reform, (without which, indeed, all regulations will prove ineffectual,) you are next to revert to the old system, when the business of your Presidency was principally performed by our own servants, who then had knowledge of our investments, and every other department of our concerns: you will therefore fill the several offices with the factors and writers upon your establishment, (for, with our present appointments, we are assured there will be sufficient for this purpose,) and thus you will banish idleness, and its attendants, extravagance and dissipation. And here we enjoin you to transmit to us a faithful and minute state of the pay and every known emolument of all below Council: for, as it is notorious that even youths in our service expend in equipage, servants, dress, and living infinitely more than our stated allowances can afford, we cannot but be anxious to discover the means by which they are enabled to proceed in this manner; and, indeed, so obnoxious is this conduct to us, and so injurious in its consequences, that we expect and require you to show your displeasure to all such as shall transgress in this respect, contrasting it at the same time with instances of kindness towards the sober, frugal, and industrious."

My Lords, you see the state in which the Directors conceived the country to be. That it was in this state is not denied by Mr. Hastings, who was sent out for the purpose of reforming it. The Directors had swept away almost the whole body of their Bengal servants for supposed corruption; and they appointed a set of new ones, to regenerate, as it were, the government of that country.

Mr. Hastings says, "I was brought to India like other people." This, indeed, is true; and I hope it will prove an example and instruction to all mankind never to employ a man who has been bred in base and corrupt practices, from any hope that his local knowledge may make him the fittest person to correct such practices. Mr. Hastings goes on to say, that you could not expect more from him than could be done by a man bred up, as he was, in the common habits of the country. This is also true. My Lords, you might as well expect a man to be fit for a perfumer's shop, who has lain a month in a pig's stye, as to expect that a man who has been a contractor with the Company for a length of time is a fit person for reforming abuses. Mr. Hastings has stated in general his history, his merits, and his services. We have looked over with care the records relative to his proceedings, and we find that in 1760 and 1761 he was in possession of a contract for bullocks and a contract for provisions. It is no way wrong for any man to take a contract, provided he does not do what Mr. Hastings has condemned in his regulations,—become a contractor with his masters. But though I do not bear upon Mr. Hastings for having spent his time in being a bullock-contractor, yet I say that he ought to have laid aside all the habits of a bullock-contractor when he was made a great minister for the reformation of a great service full of abuses. I will show your Lordships that he never did so; that, on the contrary, being bred in those bad habits, and having had the education that I speak of, he persevered in the habits which had been formed in him to the very last.

I understand it has been imputed as a sort of a crime in me, that I stated something of the obscurity of Mr. Hastings's birth. The imputation has no foundation. Can it be believed that any man could be so absurd as to attack a man's birth, when he is accusing his actions? No, I have always spoken of the low, sordid, and mercenary habits in which he was bred; I said nothing of his birth. But, my Lords, I was a good deal surprised when a friend of his and mine yesterday morning put into my hands, who had been attacking Mr. Hastings's life and conduct, a pedigree. I was appealing to the records of the Company; they answer by sending me to the Herald's Office. Many of your Lordships' pedigrees are obscure in comparison with that of Mr. Hastings; and I only wonder how he came to derogate from such a line of nobles by becoming a contractor for bullocks.

A man may be an honest bullock-contractor, (God forbid that many of them in this country should not be very honest!) but I find his terms were nearly four times as high as those which the House of Commons had condemned as exorbitant. They were not only unusually high, but the bullocks were badly supplied, and the contract had not been fairly advertised. It was therefore agreed to declare the same void at the expiration of twelve months, on the 1st December, 1763. I say again, that I do not condemn him for being a bullock-contractor; but I am suspicious of his honesty, because he has been nursed in bad and vicious habits. That of contracting with his masters is a bad habit, as he himself has stated in a record which is printed by the House of Commons. I condemn him for being a fraudulent bullock-contractor: for he was turned out of that contract for fraudulent practices; it was declared void, and given to another at a lower price. After it was so disposed of, Mr. Hastings himself, condemning his own original contract, which was at twelve rupees for a certain species of bullocks, took the contract again at seven; and on these terms it continued. What I therefore contend for is this, that he carried with him the spirit of a fraudulent bullock-contractor through the whole of the Company's service, in its greatest and most important parts.

My Lords, the wading through all these corruptions is an unpleasant employment for me; but what am I to think of a man who holds up his head so high, that, when a matter of account is in discussion, such as appears in this very defence that I have in my hand, he declares he does not know anything about it? He cannot keep accounts: that is beneath him. We trace him throughout the whole of his career engaged in a great variety of mercantile employments; and yet, when he comes before you, you would imagine that he had been bred in the study of the sublimest sciences, and had no concern in anything else,—that he had been engaged in writing a poem, an Iliad, or some work that might revive fallen literature. There is but one exception to his abhorrence of accounts: he always contrives to make up a good account for himself.

My Lords, we have read to you a letter in which the Court of Directors have described the disorders of their service, the utter ruin of it, the corruption that prevailed in it, and the destruction of the country by it. When we are said to exaggerate, we use no stronger words than they do. We cannot mince the matter; your Lordships should not mince it; no little paltry delicacies should hinder you, when there is a country expiring under all these things, from calling the authors to a strict account. The Court of Directors sent him that statement; they recommended to him a radical reformation. What does he do? We will read his letter of 1773, in which you will find seeds sown for the propagation of all those future abuses which terminated in the utter and irremediable destruction of the whole service. After he has praised the Directors for the trust that they had placed in him, after expressing his highest gratitude, and so on, he says,—

"While I indulge the pleasure which I receive from the past successes of my endeavors, I own I cannot refrain from looking back with a mixture of anxiety on the omissions by which I am sensible I may since have hazarded the diminution of your esteem. All my letters addressed to your Honorable Court, and to the Secret Committee, repeat the strongest promises of prosecuting the inquiries into the conduct of your servants, which you have been pleased to commit particularly to my charge. You will readily perceive that I must have been sincere in those declarations; since it would have argued great indiscretion to have made them, had I foreseen my inability to perform them. I find myself now under the disagreeable necessity of avowing that inability; at the same time I will boldly take upon me to affirm, that, on whomsoever you might have delegated that charge, and by whatever powers it might have been accompanied, it would have been sufficient to occupy the entire attention of those who were intrusted with it, and, even with all the aids of leisure and authority, would have proved ineffectual. I dare appeal to the public records, to the testimony of those who have opportunities of knowing me, and even to the detail which the public voice can report of the past acts of this government, that my time has been neither idly nor uselessly employed; yet such are the cares and embarrassments of this various state, that, although much may be done, much more, even in matters of moment, must necessarily remain neglected. To select from the miscellaneous heap which each day's exigencies present to our choice those points on which the general welfare of your affairs most essentially depends, to provide expedients for future advantages, and guard against probable evils, are all that your administration can faithfully promise to perform for your service, with their united labors most diligently exerted. They cannot look back without sacrificing the objects of their immediate duty, which are those of your interest, to endless researches, which can produce no real good, and may expose your affairs to all the ruinous consequences of personal malevolence, both here and at home."

My Lords, you see here, that, after admitting that he has promised to the Court of Directors to do what they ordered him to do, (and he had promised to make a radical reform in their whole service, and to cure those abuses which they have stated,) he declares that he will not execute them; he pleads a variety of other occupations; but as to that great fundamental grievance he was appointed to eradicate, he declares he will not even attempt it. "Why did you promise?"—it naturally occurs to ask him that question. "Why," says he, "you will readily perceive that I must have been sincere in those declarations; since it would have argued great indiscretion to have made them, had I known my inability to perform them." This is a kind of argument that belongs to Mr. Hastings exclusively. Most other people would say, "You may judge of the sincerity of my promises by my zeal in the performance"; but he says, "You may judge of the sincerity of my promises, because I would not promise, if I had not thought I should be able to perform." It runs in this ridiculous circle: "I promised to obey the Court of Directors; therefore I knew that I could obey them: but I could not obey them; therefore I was absolved from my promise, and did not attempt to obey them." In fact, there is not so much as one grievance or abuse in the country, that he reformed. And this was systematical in Mr. Hastings's conduct,—that he was resolved to connive at the whole of the iniquities of the service, because he was resolved that every one of those existing iniquities should be practised by himself. "But," says he, "the reformation required can produce no real good, and may expose your affairs to all the ruinous consequences of personal malevolence, both here and at home." This he gives you as a reason why he will not prosecute the inquiry into abuses abroad,—because he is afraid that you should punish him at home for doing his duty abroad,—that it will expose him to malevolence at home; and therefore, to avoid being subject to malevolence at home, he would not do his duty abroad.