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

He follows this with something that is perfectly extraordinary: he desires, instead of doing his duty, which he declares it is impossible to do, that he may be invested with an arbitrary power. I refer your Lordships to pages 2827, 2828, and 2829 of the printed Minutes, where you will find the system of his government to be formed upon a resolution not to use any one legal means of punishing corruption, or for the prevention of corruption; all that he desires is, to have an absolute arbitrary power over the servants of the Company. There you will see that arbitrary power for corrupt purposes over the servants of the Company is the foundation of every part of his whole conduct. Remark what he says here, and then judge whether these inferences are to be eluded by any chicane.

"In the charge of oppression, although supported by the cries of the people and the most authentic representations, it is yet impossible, in most cases, to obtain legal proofs of it; and unless the discretionary power which I have recommended be somewhere lodged, the assurance of impunity from any formal inquiry will baffle every order of the board; as, on the other hand, the fear of the consequences will restrain every man within the bounds of his duty, if he knows himself liable to suffer by the effects of a single control."

My Lords, you see two things most material for you to consider in the judgment of this great cause, which is the cause of nations. The first thing for you to consider is the declaration of the culprit at your bar, that a person may be pursued by the cries of a whole people,—that documents the most authentic and satisfactory, but deficient in technical form, may be produced against him,—in short, that he may be guilty of the most enormous crimes,—and yet that legal proofs may be wanting. This shows you how seriously you ought to consider, before you reject any proof upon the idea that it is not technical legal proof. To this assertion of Mr. Hastings I oppose, however, the opinion of a gentleman who sits near his side, Mr. Sumner, which is much more probable.

Mr. Hastings says, that the power of the Council is not effectual against the inferior servants, that [it?] is too weak to coerce them. With much more truth Mr. Sumner has said, in his minute, you might easily coerce the inferior servants, but that the dread of falling upon persons in high stations discourages and puts an end to complaint. I quote the recorded authority of the gentleman near him, as being of great weight in the affairs of the Company, to prove what is infinitely more probable, the falsehood of Mr. Hastings's assertion, that an inferior servant cannot be coerced, and that they must riot with impunity in the spoils of the people.

But we will go to a much more serious part of the business. After desiring arbitrary power in this letter, he desires a perpetuation of it. And here he has given you a description of a bad Governor, to which I must call your attention, as your Lordships will find it, in every part of his proceeding, to be exactly applicable to himself and to his own government.

"The first command of a state so extensive as that of Bengal is not without opportunities of private emoluments; and although the allowance which your bounty has liberally provided for your servants may be reasonably expected to fix the bounds of their desires, yet you will find it extremely difficult to restrain men from profiting by other means, who look upon their appointment as the measure of a day, and who, from the uncertainty of their condition, see no room for any acquisition but of wealth, since reputation and the consequences which follow the successful conduct of great affairs are only to be attained in a course of years. Under such circumstances, however rigid your orders may be, or however supported, I am afraid that in most instances they will produce no other fruits than either avowed disobedience or the worst extreme of falsehood and hypocrisy. These are not the principles which should rule the conduct of men whom you have constituted the guardians of your property, and checks on the morals and fidelity of others. The care of self-preservation will naturally suggest the necessity of seizing the opportunity of present power, when the duration of it is considered as limited to the usual term of three years, and of applying it to the provision of a future independency; therefore every renewal of this term is liable to prove a reiterated oppression. It is perhaps owing to the causes which I have described, and a proof of their existence, that this appointment has been for some years past so eagerly solicited and so easily resigned. There are yet other inconveniences attendant on this habit, and perhaps an investigation of them all would lead to endless discoveries. Every man whom your choice has honored with so distinguished a trust seeks to merit approbation and acquire an éclat by innovations, for which the wild scene before him affords ample and justifiable occasion."

You see, my Lords, he has stated, that, if a Governor is appointed to hold his office only for a short time, the consequence would be either an avowed disobedience, or, what is worse, extreme falsehood and hypocrisy. Your Lordships know that this man has held his office for a long time, and yet his disobedience has been avowed, and his hypocrisy and his falsehood have been discovered, and have been proved to your Lordships in the course of this trial. You see this man has declared what are the principles which should rule the conduct of men whom you have constituted the guardians of your property, and checks upon the morals and fidelity of others. Mr. Hastings tells you himself directly what his duty was; he tells you himself, and he pronounces his own condemnation, what was expected from him, namely, that he should give a great example himself, and be a check and guardian of the fidelity of all that are under him. He declares, at the end of this letter, that a very short continuance in their service would enable him to make a fortune up to the height of his desire. He has since thought proper to declare to you that he is a beggar and undone, notwithstanding all his irregular resources in that very service.

I have read this letter to your Lordships, that you may contrast it with the conduct of the prisoner, as stated by us, and proved by the evidence we have adduced. We have stated and proved that Mr. Hastings did enter upon a systematic connivance at the peculation of the Company's servants, that he refused to institute any check whatever for the purpose of preventing corruption, and that he carried into execution no one measure of government agreeably to the positive and solemn engagements into which he had entered with the Directors. We therefore charge him, not only with his own corruptions, but with a systematic, premeditated corruption of the whole service, from the time when he was appointed, in the beginning of the year 1772, down to the year 1785, when he left it. He never attempted to detect any one single abuse whatever; he never endeavored once to put a stop to any corruption in any man, black or white, in any way whatever. And thus he has acted in a government of which he himself declares the nature to be such that it is almost impossible so to detect misconduct as to give legal evidence of it, though a man should be declared by the cries of the whole people to be guilty.

My Lords, he desires an arbitrary power over the Company's servants to be given to him. God forbid arbitrary power should be given into the hands of any man! At the same time, God forbid, if by power be meant the ability to discover, to reach, to check, and to punish subordinate corruption, that he should not be enabled so to do, and to get at, to prosecute, and punish delinquency by law! But honesty only, and not arbitrary power, is necessary for that purpose. We well know, indeed, that a government requiring arbitrary power has been the situation in which this man has attempted to place us.

We know, also, my Lords, that there are cases in which the act of the delinquent may be of consequence, while the example of the criminal, from the obscurity of his situation, is of little importance: in other cases, the act of the delinquent may be of no great importance, but the consequences of the example dreadful. We know that crimes of great magnitude, that acts of great tyranny, can but seldom be exercised, and only by a few persons. They are privileged crimes. They are the dreadful prerogatives of greatness, and of the highest situations only. But when a Governor-General descends into the muck and filth of peculation and corruption, when he receives bribes and extorts money, he does acts that are imitable by everybody. There is not a single man, black or white, from the highest to the lowest, that is possessed in the smallest degree of momentary authority, that cannot imitate the acts of such a Governor-General. Consider, then, what the consequences will be, when it is laid down as a principle of the service, that no man is to be called to account according to the existing laws, and that you must either give, as he says, arbitrary power, or suffer your government to be destroyed.

We asked Mr. Anderson, whether the covenant of every farmer of the revenue did not forbid him from giving any presents to any persons, or taking any. He answered, he did not exactly remember, (for the memory of this gentleman is very indifferent, though the matter was in his own particular province,) but he thought it did; and he referred us to the record of it. I cannot get at the record; and therefore you must take it as it stands from Mr. Anderson, without a reference to the record,—that the farmers were forbidden to take or give any money to any person whatever, beyond their engagements. Now, if a Governor-General comes to that farmer, and says, "You must give a certain sum beyond your engagements," he lets him loose to prey upon the landholders and cultivators; and thus a way is prepared for the final desolation of the whole country, by the malversation of the Governor, and by the consequent oppressive conduct of the farmers.

Mr. Hastings being now put over the whole country to regulate it, let us see what he has done. He says, "Let me have an arbitrary power, and I will regulate it." He assumed arbitrary power, and turned in and out every servant at his pleasure. But did he by that arbitrary power correct any one corruption? Indeed, how could he? He does not say he did. For when a man gives ill examples in himself, when he cannot set on foot an inquiry that does not terminate in his own corruption, of course he cannot institute any inquiry into the corruption of the other servants.

But again, my Lords, the subordinate servant will say, "I cannot rise" (properly here, as Mr. Hastings has well observed) "to the height of greatness, power, distinction, rank, or honor in the government; but I can make my fortune, according to my degree, my measure, and my place." His views will be then directed so to make it. And when he sees that the Governor-General is actuated by no other views,—when he himself, as a farmer, is confidently assured of the corruptions of his superior,—when he knows it to be laid down as a principle by the Governor-General, that no corruption is to be inquired into, and that, if it be not expressly laid down, yet that his conduct is such as to make it the same as if he had actually so laid it down,—then, I say, every part of the service is instantly and totally corrupted.

I shall next refer your Lordships to the article of contracts. Five contracts have been laid before you, the extravagant and corrupt profits of which have been proved to amount to 500,000l. We have shown you, by the strongest presumptive evidence, that these contracts were given for the purpose of corrupting the Company's servants in India, and of corrupting the Company itself in England. You will recollect that 40,000l. was given in one morning for a contract which the contractor was never to execute: I speak of Mr. Sulivan's contract. You will also recollect that he was the son of the principal person in the Indian direction, and who, in or out of office, was known to govern it, and to be supported by the whole Indian interest of Mr. Hastings. You have seen the corruption of Sir Eyre Coote, in giving to Mr. Croftes the bullock contract. You have seen the bullock contracts stated to Mr. Hastings's face, and not denied, to have been made for concealing a number of corrupt interests. You have seen Mr. Auriol's contract, given to the secretary of the Company by Mr. Hastings in order that he might have the whole records and registers of the Company under his control. You have seen that the contract and commission for the purchase of stores and provisions, an enormous job, was given to Mr. Belli, an obscure man, for whom Mr. Hastings offers himself as security, under circumstances that went to prove that Mr. Belli held this commission for Mr. Hastings. These, my Lords, are things that cannot be slurred over. The Governor-General is corrupt; he corrupts all about him; he does it upon system; he will make no inquiry.

My Lords, I have stated the amount of the sums which he has squandered away in these contracts; but you will observe that we have brought forward but five of them. Good God! when you consider the magnitude and multiplicity of the Company's dealings, judge you what must be the enormous mass of that corruption of which he has been the cause, and in the profits of which he has partaken. When your Lordships shall have considered this document, his defence, which I have read in part to you, see whether you are not bound, when he imputes to us and throws upon us the cause of all his corruption, to throw back the charge by your decision, and hurl it with indignation upon himself.

But there is another shameless and most iniquitous circumstance, which I have forgotten to mention, respecting these contracts. He not only considered them as means of present power, and therefore protected his favorites without the least inquiry into their conduct, and with flagrant suspicion of a corrupt participation in their delinquency, but he goes still farther: he declares, that, if he should be removed from his government, he will give them a lease in these exorbitant profits, for the purpose of securing a corrupt party to support and bear him out by their evidence, upon the event of any inquiry into his conduct,—to give him a razinama, to give him a flourishing character, whenever he should come upon his trial. Hear what his principles are; hear what the man himself avows.

"Fort William, October 4, 1779.

"In answer to Mr. Francis's insinuation, that it is natural enough for the agent to wish to secure himself before the expiration of the present government, I avow the fact as to myself as well as the agent. When I see a systematic opposition to every measure proposed by me for the service of the public, by which an individual may eventually benefit, I cannot hesitate a moment to declare it to be my firm belief, that, should the government of this country be placed in the hands of the present minority, they would seek the ruin of every man connected with me; it is therefore only an act of common justice in me to wish to secure them, as far as I legally can, from the apprehension of future oppression."

Here is the principle avowed. He takes for granted, and he gives it the name of oppression, that the person who should succeed him would take away those unlawful and wicked emoluments, and give them to some other. "But," says he, "I will put out of the Company's power the very means of redress."

The document which I am now going to read to your Lordships contains a declaration by Mr. Hastings of another mean which he used of corrupting the whole Company's service.

Minute of the Governor-General.—Extract from that Minute.

"Called upon continually by persons of high rank and station, both in national and in the Company's councils, to protect and prefer their friends in the army, and by the merits and services which have come under my personal knowledge and observation, I suffer both pain and humiliation at the want of power to reward the meritorious, or to show a proper attention to the wishes of my superiors, without having recourse to means which must be considered as incompatible with the dignity of my station. The slender relief which I entreat of the board from this state of mortification is the authority to augment the number of my staff, which will enable me to show a marked and particular attention in circumstances such as above stated, and will be no considerable burden to the Company."

My Lords, you here see what he has been endeavoring to effect, for the express purpose of enabling him to secure himself a corrupt influence in England. But there is another point much more material, which brings the matter directly home to this court, and puts it to you either to punish him or to declare yourselves to be accomplices in the corruption of the whole service. Hear what the man himself says. I am first to mention to your Lordships the occasion upon which the passage which I shall read to you was written. It was when he was making his enormous and shameful establishment of a Revenue Board, in the year 1781,—of which I shall say a few words hereafter, as being a gross abuse in itself: he then felt that the world would be so much shocked at the enormous prodigality and corrupt profusion of what he was doing, that he at last spoke out plainly.

A Minute of Mr. Hastings, transmitted in a Letter by Mr. Wheler.

"In this, as it must be the case in every reformation, the interest of individuals has been our principal, if not our only impediment. We could not at once deprive so large a body of our fellow-servants of their bread, without feeling that reluctance which humanity must dictate,—not unaccompanied, perhaps, with some concern for the consequence which our own credit might suffer by an act which involved the fortunes of many, and extended its influence to all their connections. This, added to the justice which was due to your servants, who were removed for no fault of theirs, but for the public convenience, induced us to continue their allowances until other offices could be provided for them, and the more cheerfully to submit to the expediency of leaving others in a temporary or partial charge of the internal collections. In effect, the civil officers [offices?] of this government might be reduced to a very scanty number, were their exigency alone to determine the list of your covenanted servants, which at this time consist of no less a number than two hundred and fifty-two,—many of them the sons of the first families in the kingdom of Great Britain, and every one aspiring to the rapid acquisition of lacs, and to return to pass the prime of their lives at home, as multitudes have done before them. Neither will the revenues of this country suffice for such boundless pretensions, nor are they compatible with yours and the national interests, which may eventually suffer as certain a ruin from the effects of private competition and the claims of patronage as from the more dreaded calamities of war, or the other ordinary causes which lead to the decline of dominion."

My Lords, you have here his declaration, that patronage, which he avows to be one of the principles of his government, and to be the principle of the last of his acts, is worse than war, pestilence, and famine,—and that all these calamities together might not be so effectual as this patronage in wasting and destroying the country. And at what time does he tell you this? He tells it you when he himself had just wantonly destroyed an old regular establishment for the purpose of creating a new one, in which he says he was under the necessity of pensioning the members of the old establishment from motives of mere humanity. He here confesses himself to be the author of the whole mischief. "I could," says he, "have acted better; I might have avoided desolating the country by peculation; but," says he, "I had sons of the first families in the kingdom of Great Britain, every one aspiring to the rapid acquisition of lacs, and this would not suffer me to do my duty." I hope your Lordships will stigmatize the falsehood of this assertion. Consider, my Lords, what he has said,—two hundred and fifty men at once, and in succession, aspiring to come home in the prime of their youth with lacs. You cannot take lacs to be less than two; we cannot make a plural less than two. Two lacs make 20,000l. Then multiply that, by 252, and you will find more than 2,500,000l. to be provided for that set of gentlemen, and for the claims of patronage. Undoubtedly such a patronage is worse than the most dreadful calamities of war, and all the other causes which lead to decline of dominion.

My Lords, I beseech you to consider this plan of corrupting the Company's servants, beginning with systematical corruption, and ending with an avowed declaration that he will persist in this iniquitous proceeding, and to the utmost of his power entail it upon the Company, for the purpose of securing his accomplices against all the consequences of any change in the Company's government. "I dare not," says he, "be honest: if I make their fortunes, you will judge favorably of me; if I do not make their fortunes, I shall find myself crushed with a load of reproach and obloquy, from which I cannot escape in any other way than by bribing the House of Peers." What a shameful avowal this to be made in the face of the world! Your Lordships' judgment upon this great cause will obliterate it from the memory of man.

But his apprehension of some change in the Company's government is not his only pretext for some of these corrupt proceedings; he adverts also to the opposition which he had to encounter with his colleagues, as another circumstance which drove him to adopt others of these scandalous expediences. Now there was a period when he had no longer to contend with, or to fear, that opposition.

When he had got rid of the majority in the Council, which thwarted him, what did he do? Did he himself correct any of the evils and disorders which had prevailed in the service, and which his hostile majority had purposed to reform? No, not one,—notwithstanding the Court of Directors had supported the majority in all their declarations, and had accused him of corruption and rebellion in every part of his opposition to them. Now that he was free from the yoke of all the mischief of that cursed majority which he deprecates, and which I have heard certain persons consider as a great calamity, (a calamity indeed it was to patronage,)—as soon, I say, as he was free from this, you would imagine he had undertaken some great and capital reformation; for all the power which the Company could give was in his hands,—total, absolute, and unconfined.

I must here remind your Lordships, that the Provincial Councils was an establishment made by Mr. Hastings. So confident was he in his own opinion of the expediency of them, that he transmitted to the Court of Directors a draught of an act of Parliament to confirm them. By this act it was his intention to place them beyond the possibility of mutation. Whatever opinion others might entertain of their weakness, inefficacy, or other defects, Mr. Hastings found no such things in them. He had declared in the beginning that he considered them as a sort of experiment, but that in the progress he found them answer so perfectly well that he proposed even an act of Parliament to support them. The Court of Directors, knowing the mischiefs that innovation had produced in their service, and the desolations which it had brought on the country, commanded him not to take any step for changing them, without their orders. Contrary, however, to his own declarations, contrary to the sketch of an act of Parliament, which, for aught he knew, the legislature might then have passed, (I know that it was in contemplation to pass, about that time, several acts for regulating the Company's affairs, and, for one, I should have been, as I always have been, a good deal concerned in whatever tended to fix some kind of permanent and settled government in Bengal,)—in violation, I say, of his duty, and in contradiction to his own opinion, he at that time, without giving the parties notice, turns out of their employments, situations, and bread, the Provincial Councils.

And who were the members of those Provincial Councils? They were of high rank in the Company's service; they were not junior servants, boys of a day, but persons who had gone through some probation, who knew something of the country, who were conversant in its revenues and in the course of its business; they were, in short, men of considerable rank in the Company's service. What did he do with these people? Without any regard to their rank in the service,—no more than he had regarded the rank of the nobility of the country,—he sweeps them all, in one day, from their independent situations, without reference to the Directors, and turns them all into pensioners upon the Company. And for what purpose was this done? It was done in order to reduce the Company's servants, who, in their independent situations, were too great a mass and volume for him to corrupt, to an abject dependence upon his absolute power. It was, that he might tell them, "You have lost your situations; you have nothing but small alimentary pensions, nothing more than a maintenance; and you must depend upon me whether you are to have anything more or not." Thus at one stroke a large division of the Company's servants, and one of the highest orders of them, were reduced, for their next bread, to an absolute, submissive dependence upon his will; and the Company was loaded with the pensions of all these discarded servants. Thus were persons in an honorable, independent situation, earned by long service in that country, and who were subject to punishment for their crimes, if proved against them, all deprived, unheard, of their employments. You would imagine that Mr. Hastings had at least charged them with corruption. No, you will see upon your minutes, that, when he abolished the Provincial Councils, he declared at the same time that he found no fault with the persons concerned in them.

Thus, then, he has got rid, as your Lordships see, of one whole body of the Company's servants; he has systematically corrupted the rest, and provided, as far as lay in his power, for the perpetuation of their corruption; he has connived at all their delinquencies, and has destroyed the independence of all the superior orders of them.

Now hear what he does with regard to the Council-General itself. They had, by the act that made Mr. Hastings Governor, the management of the revenues vested in them. You have been shown by an honorable and able fellow Manager of mine, that he took the business of this department wholly out of the hand of the Council; that he named a committee for the management of it, at an enormous expense,—committee made up of his own creatures and dependants; and that, after destroying the Provincial Councils, he brought down the whole management of the revenue to Calcutta. This committee took this important business entirely out of the hands of the Council, in which the act had vested it, and this committee he formed without the orders of the Court of Directors, and directly contrary to the act, which put the superintendence in the hands of the Council.

Oh, but he reserved a superintendence over them.—You shall hear what the superintendence was; you shall see, feel, smell, touch; it shall enter into every avenue and pore of your soul. It will show you what was the real principle of Mr. Hastings's government. We will read to you what Sir John Shore says of that institution, and of the only ends and purposes which it could answer; your Lordships will then see how far he was justifiable in violating an act of Parliament, and giving out of the Council's hands the great trust which the laws of his country had vested in them. It is part of a paper written in 1785 by Mr. Shore, who was sole acting president of this committee to which all Bengal was delivered. He was an old servant of the Company, and he is now at the head of the government of that country. He was Mr. Hastings's particular friend, and therefore you cannot doubt either of his being a competent evidence, or that he is a favorable evidence for Mr. Hastings, and that he would not say one word against the establishment of which he himself was at the head, that was not perfectly true, and forced out of him by the truth of the case. There is not a single part of it that does not point out some abuse.

"In the actual collection of the revenues, nothing is more necessary than to give immediate attention to all complaints, which are preferred daily without number, and to dispatch them in a summary manner. This cannot be done where the control is remote. In every purgunnah throughout Bengal there are some distinct usages, which cannot be clearly known at a distance; yet in all complaints of oppression or extortion, these must be known before a decision can be pronounced. But to learn at Calcutta the particular customs of a district of Rajeshahye or Dacca is almost impossible; and considering the channel through which an explanation must pass, and through which the complaint is made, any coloring may be given to it, and oppression and extortion, to the ruin of a district, may be practised with impunity. This is a continual source of embarrassment to the Committee of Revenue in Calcutta.

"One object of their institution was to bring the revenues without the expenses of agency to the Presidency, and to remove all local control over the farmers, who were to pay their rents at Calcutta. When complaints are made against farmers by the occupiers of the lands, it is almost impossible to discriminate truth from falsehood; but to prevent a failure in the revenue, it is found necessary, in all doubtful cases, to support the farmer,—a circumstance which may give rise to and confirm the most cruel acts of oppression. The real state of any district cannot be known by the Committee. An occupier or zemindar may plead, that an inundation has ruined him, or that his country is a desert through want of rain. An aumeen is sent to examine the complaint. He returns with an exaggerated account of losses, proved in volumes of intricate accounts, which the Committee have no time to read, and for which the aumeen is well paid. Possibly, however, the whole account is false. Suppose no aumeen is employed, and the renter is held to the tenor of his engagement, the loss, if real, must occasion his ruin, unless his assessment is very moderate indeed.