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THE SPEECH OF R. B. SHERIDAN, ESQ. ON SUMMING UP THE SECOND CHARGE AGAINST WARREN HASTINGS, ESQ. BEFORE THE HIGH COURT OF PARLIAMENT, IN WESTMINSTER-HALL, TUESDAY, JUNE 3, 1788, AND THREE SUBSEQUENT DAYS.

LONDON: SOLD BY J. DICRIE, NO. 120, OPPOSITE EXETER-'CHANGE, IN THE STRAND; AND BY ALL THE BOOKSELLERS IN LONDON AND WESTMINSTER. M.DCC.LXXXVIII.

THE SPEECH OF R. B. SHERIDAN, ESQ. ON SUMMING UP THE SECOND CHARGE AGAINST WARREN HASTINGS, ESQ. BEFORE THE HIGH COURT OF PARLIAMENT, IN WESTMINSTER-HALL, TUESDAY, JUNE 2, 1788.

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THE general expectation from the Speech of Mr. Sheridan, on ſumming up the ſecond Charge againſt Mr. Haſtings, though exceeding all that has been recently witneſſed on ſimilar occaſions, was fully apparent in the brilliancy and fullneſs of the Court this day. Before ten o'clock the Galleries for Peers' Tickets, and the Peereſſes' Box were crouded to an overflow. In the ſeats for the Commons, ſo generally deſerted, there appeared upwards of three hundred Members.—Thoſe in fact who did not then ſee the Court, can ſcarcely form a judgment of the ſpectacle.—To enumerate thoſe of diſtinction who were preſent, would be to enumerate all who are conſpicuous for Rank, or claim celebrity from Talents.—That mind, however, muſt be inſenſible to excellence, on which the ſplendor of the ſcene could make a more than tranſient impreſſion; the expectation was raiſed to an higher object; and could the faint ſketches of the Memory communicate but a remote ſemblance of the reality, we would aſſert to abſent Readers, with more Confidence, that no degree of expectation was diſmiſſed ungratified.

[2] The Court being ſeated, preciſely at 12 o'clock, Mr. Sheridan aroſe.—It would be ſuperfluous, he obſerved, for him to call the attention of their Lordſhips to the magnitude and importance of the ſubject before them; to advert to the parties who were engaged in the buſineſs; or to depict the ſituation of thoſe multitudes who were ultimately to be affected. All this had already been done by the Hon. Gentleman (Mr. Burke) who opened the Proſecution;—by him, who, alone, was equal to the taſk;—by him, to whom Mankind was indebted for the embodied ſtand, which was now made in defence of the general rights of Humanity.—Neither was it his intention to enter into any detail, which might be deemed foreign to the queſtion immediately before the Court:—he would only indulge himſelf in a few words reſpecting ſome inſinuations which had been thrown out againſt the perſons concerned in this proſecution. It had been whiſpered, by whom he could not ſay, that there was ſomething malicious, and ſomething perhaps too violent in the manner in which it had been conducted. Speaking for himſelf, and as far as the heart of man could be known, for the other Managers appointed by the Commons, he would boldly aſſert, that they had acted ſolely from conviction;—not a conviction born in Error, and nurſed by Prejudice; but a Conviction founded on deliberate and well grounded enquiry;—that they had proceeded, not as rejoicing in Puniſhment, but impeled by a ſanguine hope of Remedy.—Perſonal malice! God forbid that they ſhould indulge ſuch a ſenſation againſt the unfortunate gentleman at the bar; but how, when they were to ſpeak of Rapine, of Cruelty, and of Extortion, could ſuch ideas be conveyed but in conſonant language? There was undoubtedly a difference between Impeachment for capital Crimes, and thoſe for Miſdemeanours only. In proceedings on the mer, every latitude had been indulged by uſage, every aggravation was employed, and every act of the Priſoner tortured into Criminality. No ſuch privilege was claimed by the Managers on the preſent occaſion; but yet it ſhould be conſidered by thoſe, whoſe Pity ſeemed to riſe in proportion with the Guilt of its object;—that if ſuch a mode of Proceeding was admiſſible in the former Caſe, where the life of the Priſoner was affected, it was ſtill more juſtifiable on an Impeachment like the preſent; where the utmoſt Conſequences of Guilt when proved, would be but a ſplendid excluſion of the Criminal from that Society which he had injured, or a trifling deduction from the ſpoils of a long-continued Extortion.

It had been obſerved, what was undoubtedly true, that no complaint, from the Natives of India, had been preſented in the courſe of theſe proceedings. Thoſe, however, who were firſt to make this obſervation, were fully convinced that meekneſs in ſuffering was there a part of the national Character, and that their terrors had been too deeply impreſſed, not to be long remembered. But though a Deſpair of Britiſh Juſtice had prevailed through that Peninſula;—though their ſubdued hearts could not even hope for relief—yet their Claims, on the Juſtice and Humanity of their Lordſhips were not thereby diminiſhed, but recommended. He would not mention this Deſpair, without accompanying the obſervation by proof; he therefore read Extracts from two letters, the firſt, lately received from Lord Cornwallis; the ſecond, encloſed from Capt. Kirkpatrick to his Lordſhip: from both which it appeared, that ſuch was the prevailing ſenſe through India, of the Injuries inflicted by the Engliſh, and of their repeated violations of every Compact, that it would be long indeed before their Confidence, in Engliſh Faith, or their reliance on Engliſh Juſtice, could again be reſtored.

To theſe complaints their Lordſhips were now to anſwer not by profeſſions, but by facts;—not by remedial acts directed to the future, but by an exemplary puniſhment inflicted on paſt delinqency. [3] It was incumbent on them to ſhew to the oppreſſed natives of India, and to future Governors and Judges, that there could be no authority ſo high, no office ſo ſacred, as not to be ſubject to the paramount power of Britiſh Juſtice.—He did not, however, mean to ſay that the the Example ſhould be made unleſs the Guilt was firſt fully proved; no, God forbid, that in this free and juſt land, legal proof and legal guilt ſhould ever be ſeparated.—Tho' the greater part of the Evidence on this occaſion had been, with a few exceptions, wrung from the unrelenting accomplices of the Priſoner—from men who had partook of the ſpoils, and were involved in the Guilt; yet had he therefore no Indulgence to demand, nor had he to requeſt that the Court ſhould take that as evidence on this occaſion which on any other they might deem themſelves bound to refuſe. He on the contrary, was now to bring forward to their Lordſhips a Maſs of Evidence, as full, as ſtrong, as competent, and as concluſive, as ever eſtabliſhed the guilt of a Criminal, or ever brought conviction home to the breaſts of conſcientious Judges.—In the performance of this taſk, he obſerved, he ſhould have the leſs difficulty, as their Lordſhips had attended to the whole, voluminous and complicated as it appeared, with a diligence which did honor to their feelings, and ſhewed their individual ſenſe of the dignity of that high Tribunal, which they collectively formed.

The firſt part of this Evidence, to which he ſhould call the attention of the Court, was the Defences delivered in by Mr. Haſtings to the Houſe of Commons, and to their Lordſhips.—On theſe, as being the voluntary admiſſions of the Priſoner, unextorted by any threat, and unbiaſſed by any perſuaſion, much ſtreſs had undoubtedly been laid. To a part of theſe, however, an objection had been made, the moſt extraordinary perhaps that had ever been advanced in a Court of Criminal Juſtice;—an objection which, when Mr. Haſtings was well adviſed, as he undoubted was; when he was ſaved from his own raſh Guiance, the Managers could ſcarcely have expected. This objection was, that a Part of the firſt defence in particular, not having been written by Mr. Haſtings, but by ſome of his friends, that Gentleman was not bound by any admiſſions therein contained. Mr. Haſtings, on appearing at the Bar of the Houſe of Commons, had pleaded the haſte in which he had written in palliation of his inaccuracies; he had even made a merit of doing that himſelf, which would be leſs dangerous, if he had committed it to another!—But now, ſaid Mr. Sheridan, that he finds that there is ſomething more than inaccuracy—ſomething fraught with that actual danger which he had apprehended;—he reverts to that plea which he had abandoned, and declares that he had committed the truſt to others!—He diſclaims all his former merits, and avers that in making up his tale, he had not truſted ſolely to his own powers;—that he had put his Memory into Commiſſion, and parcelled out his Conſcience into different departments. The ſtructure, it appeared, went on, whilſt Mr. Haſtings was content with overſeeing and cheering his labourers.—Mr. Shore, ſaid he, you will take care to make me appear a good financier; Major Scott, my Judgment is repoſed in your hands;—Mr. Middleton my HUMANITY is yours!!!—The work being thus done,—Mr. Haſtings ſurveyed it with a careleſs glance, and adopted it as his own. But now that its defects appear, the Child of his Adoption becomes the object of his averſion, his approbation ceaſes, and his language is totally changed.—The defence is in general made up of general denials of the Charges, intermixed with encomiums on his own conduct:—yet Mr. Haſting exclaims—‘"Subject me to all the other evidence againſt me;—I know I can truſt to their want of Recollection and their force of Attachment;—bare my boſom to every ſhaft of Enmity:—but ſave me from the Perils of my own Panegyric!"’—The haſte in which theſe productions were written, [4] was alſo alledged by Mr. Haſtings as an apology for every error; but did it follow, that becauſe a man wrote rapidly, he ſhould alſo write falſely; or was it that the truth and candour of Mr. Haſtings were ſo deeply buried in his boſom that long ſtudy alone could bring them upwards, whilſt the natural falſhood, floating on the ſurface, could be transferred with extemporaneous readineſs to every topic, whether to be written or to be uttered!—Theſe were the apologies offered for the variations, the admiſſions, and the inconſiſtency of Mr. Haſtings' defences; but theſe it was to be hoped, for the ſake of propriety and good ſenſe, would never again be repeated.

Mr. Sheridan, on quitting this ſubject, entered into a very full and happy delineation of the ſituation of the Princeſſes of Oude. No peruſal of the Turkiſh Hiſtory, he obſerved, nor attention to the precepts of the Mahometan religion, could give their Lordſhips any idea of the manners of the women of high caſts in Hindoſtan. Educated in a profound reſpect to the cuſtoms of their Perſian anceſtors, theo maintained a purer ſtyle of Preiudice, and a loftier degree of Superſtition; dwelling perpetually within the precincts of their Zenanas, the Simplicity of their ſentiments was equalled only by the Purity of their Conduct. In thoſe innocent retreats, they were circumſcribed, not immured; for ſuch was the force of Prejudice, that Liberty would be looked on as a curſe to thoſe, to whom the common gaze of men, would be regarded as an unexpiable violation. However miſtaken their ideas, they were placed there by the hand of Piety, and could not be diſturbed, but by a ſacrilege. They were as Relics on an Altar, which though depoſited by Superſtition, none but the impious would diſturb.

In addition to thoſe claims, Mr. Haſtings himſelf had borne teſtimony to the Duty which Children owed to Parents in Hindoſtan. Yet the Bhow Begum, or mother of the reigning Nabob, had ſtill ſtronger demands on the affection of her ſon.—In the year 1764, when Sujah Dowlah, after the Battle of Buxar, was driven from that territory by the Engliſh, which their politic Generoſity afterwards reſtored; ſhe bore her private treaſures to his aſſiſtance, and was rewarded by the reſpectful attachment of his future life, with the deviſe of all his territories to her ſon.—She had alſo interfered in a quarrel between her ſon and her huſband, and when the ſavage father was about to ſtrike down his ſon with a ſabre, at the expence of her blood, preſerved that life which ſhe gave.—There were pleas in her favor, which would have exacted the reverence of any man—but one!—But theſe pleas, the ſex, the age, and character of the Begums;—and what was yet more, the death-bed recommendation of Sujah Dowlah, were all of no weight with Mr. Haſtings.—This was therefore the object of the preſent charge;—that where he owed protection—he had been the ſevereſt oppreſſor;—that the weakneſs which ſhould have claimed his aid, but excited his violence;—that he had ſubjected the ſon, thus to make him the ungracious inſtrument of his tyranny over the parent—and had firſt made him a ſlave, in order that he might become—a monſter!

The interference of Mr. Briſtow in 1775, in the differences between the Begums and the Nabob, in conſequence of the claims of the latter, was the next ground of Mr. SHERIDAN's obſervations.—Mr. Briſtow had then, in a converſation with the Superior or Elder Begum, thrown out an inſinuation, that the treaſures which ſhe poſſeſſed were the Treaſures of the State,—and on this inſinuation, ſo termed by Mr. Briſtow himſelf, had Mr. Haſtings founded all his arguments on that head, and on which he lately appeared to place ſo much reliance.—The Begums at that time gave up to the Aſoph ul Dowla ſums amounting to Five Hundred and Fifty Thouſand Pounds.—Of this a part was to be paid in goods, which as they conſiſted [5] of arms, elephants, &c. the Nabob alledged to be his property, and refuſed to accept as payment. This occaſioned a diſpute which was referred to the Board of Calcutta. Mr. Haſtings then vindicated the right of the Begums to all the goods in the Zenana, and brought over the Majority of the Council to his opinion. The ideas then placed on record, he had ſince found it convenient to diſown, as belonging not to him but to the Majority of the Council!—How theſe opinions could be transferred, it might be difficult for their Lordſhips, though well informed of the effects of Majorities and Minorities to determine. As well might Mr. BURKE, on a future day deliver an Encomium on that great and good man, Mr. Haſtings! and if reminded of his ſhare in the proſecution, alledge, that he was not accountable for ſo nefarious a preceeding; that his opinions when once delivered, were no longer his own, that at the time, he had conſtantly acted in a Minority!

The claims however, it was obſervable, of the Nabob, as to the Treaſure of the Begums, were at this time the only plea alledged for the ſeizure. Theſe were always founded on a paſſage of that Koran which was perpetually quoted but never proved.—Not a word was then mentioned of the ſtrange Rebellion which was afterwards conjured up, and of which the exiſtence and the notoriety were equally a ſecret!—A Diſaffection which was at its height, at the very time, when the Begums were diſpenſing their liberality to the Nabob, and exerciſing the greateſt generoſity to the Engliſh Officers in diſtreſs!—a Diſturbance, in ſhort, without its parallel in Hiſtory, which was raiſed by two Women,—carried on by two Eunuchs,—and finally ſuppreſſed by an Affidavit!

Mr. Sheridan then adverted to the Negociations of Mr. Middleton with the Begums in 1778, when the diſcontents of the Superior Begum would have induced her to leave the Country, unleſs her authority was ſanctioned and her property ſecured by the Guarantee of the Company.—This Guarantee the Counſel—or Mr. Haſtings, had thought it neceſſary to deny, as knowing that if the agreements with the Elder Begum were proved, it would affix to Mr. Haſtings the Guilt of all the ſufferings of the Women of the Khord Mahal, the Revenues for whoſe ſupport were ſecured by the ſame engagement. In treating this part of the ſubject, the principal difficulty aroſe from the uncertain evidence of Mr. Middleton, who tho' concerned in the negociation of four treaties, could not recollect affixing his ſignature to three out of that number. Mr. Sheridan proved however, from the Evidence even of Mr. Middleton, that a Treaty had been ſigned in October, 1778, wherein the rights of the Elder Begum were fully recognized; a Proviſion ſecured for the Women and Children of the late Vizier in the Khord Mahal; and that theſe engagements had received the fulleſt ſanction of Mr. Haſtings. Theſe facts were confirmed by the Evidence of Mr. Purling, a Gentleman, who, Mr. Sheridan ſaid, had delivered himſelf fairly and as having no foul ſecrets to conceal. He had tranſmitted Copies of theſe engagements in 1780 to Mr. Haſtings at Calcutta; the anſwer returned was, that in arranging the Taxes on the other Diſtricts, he ſhould paſs over the Jaghires of the Begums. No notice was then taken of any impropriety in the tranſactions in 1778, nor any notice given of an intended revocation of thoſe engagements.

But in June 1781, when Gen. Clavering and Col. Monſon, being no more, and Mr. Francis having returned to Europe, all the hoard and arrear of collected Evil burſt forth without reſtraint, and Mr. Haſtings determined on his Journey to the Upper Provinces;—it was then, that, without adverting to intermediate tranſactions, he met with the Nabob Aſoph ul Dowlah, at Chunar, and received from him the myſterious preſent of 100,000l. To form a proper idea [6] of this tranſaction, it was only neceſſary to conſider the reſpective ſituation of him who gave, and him who received this preſent. It was not given by the Nabob from the ſuperflux of his wealth, nor in the abundance of his eſteem for the man to whom it was given. It was on the contrary, a prodigal bounty, drawn from a country depopulated,—no matter whether by natural cauſes, or by the grinding of oppreſſion. It was raiſed by an exaction, which took what Calamity had ſpared, and Rapine overlooked;—and purſued thoſe angry diſpenſations of Providence, when a prophetic chaſtiſement had been inflicted on a fated Realm.—The ſecrecy which had marked this tranſaction, was not the ſmalleſt proof of its criminality.—When Benaram Pundit had, a ſhort time before, made a preſent to the Company of a lack of Rupees, Mr. Haſtings, in his own language, deemed it ‘"worthy the praiſe of being recorded;"’ But in this inſtance, when ten times that ſum was given, neither Mr. Middleton nor the Council were acquainted with the tranſaction, until Mr. Haſtings, four months after felt himſelf compelled to write an account to England, and the Intelligence returned thus circuitouſly to his friends in India! It was peculiarly obſervable in this tranſaction how much the Diſtreſſes of the different parties were at variance. Mr. Haſtings travels to the Nabob, to ſee, no doubt, and enquire into his Diſtreſſes, but immediately takes for him 130,000l. to be applied to the neceſſities of the diſtreſſed Eaſt India Company; but on farther deliberation, theſe conſiderations vaniſh; a third object ariſes more worthy than either of the former, and the money is taken from the one, and demanded from the other to be applied to the uſe of—the diſtreſſed Mr. Haſtings.

The Money, it was alledged by Mr. Haſtings, had been originally taken to diſcharge the arrear of the Army. It had not been applied to that uſe, becauſe it was received in Bills on Gopal Dos, a rich Banker, of Benares, who was then kept a priſoner by Cheit Sing.—Major Scott being queſtioned on the ſubject, declared that Bills on Gopal Dos were as good as Caſh, for that though the Principal of the Houſe was a Priſoner, that circumſtance made no difference whatſoever with the other partners. Thus Mr. Haſtings was inconſiſtent with himſelf, by alledging an objection which ſhould have prevented his taking the Money in the firſt inſtance, for the purpoſe he had ſtated; and Major Scott contradicting Mr. Haſtings, removed the objection, and reſtored the buſineſs to its original footing.—But through all thoſe windings of myſterious Hypocriſy, and of artificial Concealment, it was eaſy to mark the ſenſe of hidden Guilt. Mr. Haſtings himſelf being driven from every other hold, advanced the ſtate plea of State Neceſſity. But of this neceſſity he had brought no proof; it was a neceſſity which liſtened to whiſpers for the purpoſe of crimination, and dealt in rumour to prove its own exiſtence.—To a General leading the Armies of Britain:—to an Admiral bearing her thunders over the ſeas, the plea of Neceſſity might be indulged, if the wants of thoſe were to be ſupplied whoſe blood had been ſpilt in the ſervice of their Country; but then like the imperial Eagle deſcending from its neſt, though it deſolated the ſkirts of the rock, the Motive and the Conduct would be equally conſpicuous. No concealment would then be neceſſary, and they would diſdain the veil which covered the dark, mean arts of buſy Peculation.

On the Buſineſs of the Treaty of Chunar, which ſucceeded the acceptance of this bribe, Mr. Sheridan was equally perſpicuous and equally ſevere. It was a proceeding, he obſerved, which, as it had its beginning in corruption, had its continuance in fraud, and its end in violence. The firſt propoſition of the Nabob after his recent liberality, was, that the Army ſhould be removed, and all the Engliſh recalled from his dominions. The Bribe which he had given was the obvious price of [7] their removal. He felt the weight of their oppreſſion;—he knew to ſpeak his own language—"that when the Engliſh ſtaid, they ſtaid, to wing to watch the firſt buddings of its Proſperity, and to nip every every promiſe of future luxuriance.

To this demand Mr. Haſtings had promiſed to accede, and to recal every Engliſhman from the Province; but by an evaſion which Mr. Middleton diſcloſed with ſo much difficulty to their Lordſhips on the laſt day of his appearrnce, had ſhaken the Tree until nothing remained upon its leafleſs Branches, yet a new flight was on the aſk for ſomething." Though their Predeceſſors had exhauſted the Revenue;—though they the promiſe was virtually recalled. No Order were afterwards given for the Eſtabliſhment of Engliſhmen in the Province, but Recommendations of the ſame effect with Mr. Middleton, and the Vizier were ſent, and the practice coninued.—In the agreement reſpecting the Reſumption of the Jaghires, the Nabob had been duped by a ſimilar deception. He had demanded and obtained leave to reſume thoſe of certain individuals: Mr. Haſtings however defeated the permiſſion by making the order general; knowng that there were ſome favourites of the Nabobs whom he could be by no means brought to diſpoſſeſs.—Such was the Conduct of Mr. Haſtings, not in the moment of cold or crafty Policy, but in the hour of Confidence and the efferveſcence of his gratitude for the ſavour he had juſt received. Soaring above every common feeling, he could deceive the Man to whoſe liberality he ſtood in debted—even his Gratitude was perilous—and a danger actually awaited on the return, which he was to make to an effuſion of Generoſity!

The tranſactions in which Sir Elijah Impey bore a ſhare, and the tenor of his Evidence, were the next objects of Mr. Sheridan's Animadverſion.—The late Chief Juſtice of Bengal, he remarked, had repeatedly ſtated, that Mr. Haſtings left Calcutta, with two Reſources in his view,—thoſe of Benares and of Oude. It appeared, however, from every circumſtances, that the latter reſource was never in his contemplation, until the inſurrections in Benares, terminating in the Capture of Bedjeygur had deſtroyed all his hopes in that Province. At that inſtant, the mind of Mr. Haſtings, fertile in reſources, fixed itſelf on the Treaſures of the Begums, and Sir Elijah Impey was diſpatched to collect materials for their crimination: ‘"But I have ever thought,"’ ſaid Mr. Sheridan, ‘"the ſelection of ſuch a Perſonage, for ſuch a purpoſe, one of the greateſt aggravations of the guilt of Mr. Haſtings."’—That he, the purity of whoſe Character ſhould have influenced his conduct, even in his moſt domeſtic retirements;—that he, who, if conſulting the Dignity of Britiſh Juſtice, ſhould have remained as ſtationary as his Court in Calcutta;—that ſuch a man ſhould be called to travel 500 miles for the tranſaction of ſuch a buſineſs, was a deviation without a plea, and a degradation without Example.—This, however, was in ſome degree, a Queſtion to be abſtracted for the conſideration of thoſe, who adorned and illumined the ſeats of Juſtice in Britain, and the purity of whoſe Character precluded the neceſſity of any further obſervations on ſo different a Conduct.

With reſpect to the manner in which Sir Elijah Impey had delivered his evidence, it required ſome obſervation, though made without imputing to that gentleman the ſmalleſt culpability. Sir Elijah had admitted, that in giving his evidence he had never anſwered without looking equally to the probability and the conſequences of the fact in queſtion. Sometimes he had even admitted circumſtances of which he had no recollection beyond the mere probability that they had taken place. By conſulting in this manner what was probable, and the contrary, he might certainly have corrected and [8] his memory at times, and Mr. Sheridan ſaid he would accept that mode of giving his teſtimony' provided that the inverſe of the propoſition might alſo have place, and that where a circumſtance was improbable, a ſimilar degree of Credit might be ſubtracted from the Teſtimony of the Witneſs. Five times in the Houſe of Commons, and twice in that Court, for inſtance, had Sir Elijah Impey borne teſtimony, that a Rebellion was raging at Fyzabad, at the time of his Journey to Lucknow. Yet on the eighth examination, he had contradicted all the former, and declared, that what he meant was that the Rebellion had been raging, and the country was then in ſome degree reſtored to quiet.—The Reaſons aſſigned for the former Errors were, that he had forgotten a letter received from Mr. Haſtings, informing him that the Rebellion was quelled, and that he had alſo forgotten his own Propoſition of travelling through Fyzabad to Lucknow. With reſpect to the letter, nothing could be ſaid, as it was not in evidence; but the other obſervation would ſcarcely be admitted, when it was recollected that in the Houſe of Commons, Sir Elijah Impey had declared that it was his propoſal to travel through Fyzabad, which had originally brought [...]orth the Information that the way was obſtructed by the Rebellion!—From this information Sir Elijah Impey had gone by the way of Illyabad,—but what was yet more ſingular, was, that on his return he would again have returned by the way of Fyzabad, if he had not been again informed of the danger;—ſo that had it not been for theſe friendly informations, the Chief Juſtice would have run plump into the very focus of the Rebellion!—There were two circumſtances, however worthy of remark;—the fi [...]ſt was, that Sir Elijah Impey ſhould, when charged with ſo dangerous a Commiſſion as that of procuring Evidence, to prove that the Begums had meditated the Expulſion of their ſon from the Throne, and of the Engliſh from Bengal, ſhould twice intend to paſs through the City of their Reſidence; and that he, as he alledged, from mere motives of ſchoolboy curioſity ſhould chooſe the primroſe path—and wiſh, when engaged in ſuch a buſineſs, to loiter in the way, and idle in the ſun-ſhine.—The ſecond circumſtance worthy of obſervation, was, that if a concluſion could be made from a cloud of circumſtances, the inference on this occaſion would undoubtedly be, that Sir Elijah Impey was diſſuaded by Mr. Haſtings and Mr. Middleton from paſſing by the way of Fyzabad, as well knowing, that if, as a friend to Mr. Haſtings, he were to approach the Begums, he would be convinced, by his reception, that nothing could be more foreign from the truth than the idea of their ſuppoſed diſaffection—It was alſo obſervable, that Sir Elijah Impey, at Lucknow, taking evidence in the face of day in ſupport of this Charge of Rebellion againſt the Begums, when converſing with the Nabob and his Miniſter, heard not a ſingle word from either of a Rebellion, by which it was propoſed to dethrone the Nabob, and to change the Government of his dominions!—And equally unaccountable it appeared, that Sir Elijah Impey, who had adviſed the taking of thoſe affidavits for the ſafety of Mr. Haſtings, had never read them at the time, for the purpoſe of ſeeing whether they were ſufficient for the purpoſe, or the contrary!—After ſo long a reſerve, however, and after declaring on oath that he thought it unneceſſary, the next ſtep taken by Sir Elijah Impey, was to read the affidavits, as however late, they might contribute ſomething to his information. He had been led to this ſtudy, by his own allegation, from having been miſled by Mr. SHERIDAN, one of the Managers on the part of the Commons, who by looking at a book which he held in his hand, had perſuaded him to declare that a ſworn interpreter was preſent on the receiving of thoſe affidavits; that Major Davy was preſent for that purpoſe—and that whoever it was, he was perfectly ſatisfied with his conduct on the occaſion; when it was actually in evidence that that no Interpreter whatſoever was preſent.—Now, ſaid Mr. Sheridan, how I, [9] by merely looking into a book, could intimate the preſence of an Interpreter, could inculcate the aſſiſtance of Major Davy, and could alſo look the ſatisfaction conceived by Sir Elijah Impey, are queſtions which I believe that Gentleman alone is able to determine!

He ſhould admit, however, he ſaid, that Sir Elijah Impey had not ſtrictly attended to for us on the occaſion of taking thoſe Affidavits; that he had merely directed the Bible to be given to the Whites, and the Koran to the Blacks, and had packed up in his Wallet the returns of both without any further enquiry; or that he had glanced over them in India, having previouſly cut off all communication between his eye and his mind, ſo that no conſciouſneſs was transferred from the former to the latter; and that he had read them in England, if poſſible with leſs information:—however ſtrange theſe circumſtances might be, he would admit them all;—he would even admit, that the Affidavits were legally and properly taken—and yet would prove, that thoſe Affidavits were not ſufficient to ſuſtain any one point of Criminality againſt thoſe who were the ſubjects of the preſent Charge.

After ſome brief obſervations on ſome parts of the Affidavits, particularly on thoſe of a Native Officer, who, as Mr. Sheridan obſerved, gave a ſpecimen of Platoon firing in his Evidence, by giving three Affidavits in one Day; he concluded with obſerving, tha [...] as it would tend very much to abbreviate the diſcuſſion of the preſent Charge, to enter more largely into the tendency of thoſe Affidavits; he ſhould therefore make a pauſe for the preſent, and take the liberty of calling the attention of their Lordſhips more particularly to this point on an enſuing Day.

Mr. Sheridan ſpoke for four hours and a half. Nothing could be more perfect than his delivery; but that, at ſome diſtant intervals, the exceſs of his feelings, occaſioned him to be leſs diſtinctly heard than uſual.—At half paſt four o'clock, the Court adjourned.

FRIDAY, JUNE 6, 1788.

The Court being ſeated at half paſt twelve, after a ſhort pauſe, Mr. Sheridan reſumed his ſpeech, by expreſſing his ſatisfaction, that in the interval of the Adjournment, the remaining part of the Evidence, &c. had been printed, and laid before their Lordſhips; as it was the wiſh of the Managers that every document ſhould be before the Court at the time, for the purpoſe of determining with more accuracy, whether they had or had not borne out the Charges which they preſented.

Recurring, then, to the Affidavits taken by Sir Elijah Impey at Lucknow, they formed, he obſerved, a material article in the Defence of Mr. Haſtings; and on the deciſion of their Lordſhips reſpecting the weight of the allegations which they contained, a greater part of this queſtion would finally depend.—With reſpect to one part of Charge made on the Begums—their having ſhewn an uniform ſpirit of hoſtility to the Britiſh Government, it had not only failed, but was abſolutely abandoned by the Counſel for the Priſoner, as not being ſupported by a tittle of Evidence. In deciding on the other parts of this Charge, their having committed an overt act of Rebellion—their having inflamed the Jaghirdars,—and excited the Diſcontents in Oude, their Lordſhips were to conſider the ſituation in which Mr. Haſtings ſtood at the time when theſe Charges were made.—Having failed in his attempt at Benares, his mind was entirely directed to the Treaſures of the Begums. He knew that ſuch was the ſituation into which he had plunged the affairs of the Company, that he knew he could not addreſs his venal Maſters, unleſs [10] ſome meaſure was found. He had therefore ſtood forward as an Accuſer, where he was alſo to preſide as a Judge;—and with much caution ſhould that Judge be heard, who has apparently a profit on the conviction, and an intereſt in the condemnation of the party to be tried. He would not from this, infer however, that the charge was groundleſs;—but he would argue, that until fully proved, it ſhould not meet with implicit credit.—It was obvious alſo that the attempt ſaid to have been made by the Begums to dethrone the Nabob and extirpate the Engliſh, was in the higheſt degree improbable;—but he would not infer from thence, that it was impoſſible.—There is in human nature a perverſe propenſity to evil, which had ſometimes cauſed the perpetration of bad acts without any obvious gratification reſulting to the Perpetrator. All he ſhould claim, therefore was, that the accuſations brought by Mr. Haſtings againſt the Begums, ſhould undergo a candid examination, and that probable evidence, at leaſt, ſhould be brought to the ſupport of charges in themſelves improbable.

Mr. Haſtings in his defence had complained, that his Proſecutor had attempted to blacken theſe affidavits as raſh, irregular, and irrelevant; when they had been authenticated by the preſence of Sir Elijah Impey, and as he alſo obſerved, being taken in an enquiry, directed ſolely to eſtabliſh the guilt of Cheit Sing, they were merely an acceſſary evidence in the preſent caſe, and were therefore leſs liable to ſuſpicion. The Reaſoning in this laſt inſtance, Mr. Sheridan obſerved, would undoubtedly be good; but that the aſſertion that the enquiries were excluſively directed to the Crimination of Cheit Sing, had been proved an abſolute falſehood; as they were really intended to juſtify what was afterwards to be done. With reſpect to the epithets beſtowed on thoſe Affidavits by his Hon. Friend, the truth would beſt appear, from a Review of their Contents.—Mr. Sheridan then proceeded to remark on the Affidavits ſeverally, as far as they related to Charges againſt the Begums. Thoſe of the Jemmadars, or native Subaltern Officers, contained nothing it appeared, but vague rumour and improbable ſurmiſe.—Hyder Beg Cawn, the Miniſter of the Nabob, though ſwearing both to Rumour and to Fact, could mention no particulars of an Inſurrection which was to have dethroned his Sovereign. Nor was the Evidence of Col. Hannay and the other Engliſh Officers more concluſive: loud ſuſpicions appeared to have been propagated at a time of general diſturbance, and when the flames of War were raging in the neighbouring province of Benares. Mr. Middleton, though ſwearing after he had received his final orders from Mr. Haſtings reſpecting the ſeizure of the Treaſures, could only ſay—that he believed the Begums had given countenance to the rebels, and as he had heard, ſome aid.—The whole of the depoſitions, Mr. Sheridan obſerved, were ſo futile, that were they defended in an inferior Court of Juſtice, he was convinced that he ſhould be forbidden to reply, and told that was combating with that, which was nothing!

With reſpect to the firſt part of the Charge, the Rebellion of the Begums, he had examined with all the painful reſearch of an Antiquary, but could find no trace of any ſuch tranſaction. No blow was ſtruck—no march was made againſt the concealed Enemy; but the Rebellion, though commenced for a moſt unnatural purpoſe, was ſuffered to die a natural Death!—The Counſel had thought proper to dwell for a time, on the Nabob going to Fyzabad, on his return from Chunar, attended by a guard of 2000 men. Mr. Middleton being aſked, whether theſe men were well-appointed, though on another occaſion, he had declared himſelf no military man, caught in the inſtant at gleam of martial memory, and anſwered in the affirmative. The contrary, however, was proved by the evidence of Capt. Edwards, who attended the Nabob as his Aid-de-Camp, and alſo that [11] thoſe troops were actually mutinous for their pay, who were then taken to ſtop the progreſs of diſaffection! Yet he would agree to all that the Counſel required;—he would ſuffer the whole 2000 men to enter full trot into the City of Fyzabad; for Capt. Edwards had fully proved, that it was merely the uſual guard of the Nabob.—It would therefore have been diſreſpectful to have gone with leſs attendance; he could have no motive for going incog, unleſs he might have intended to make himſelf a perfect match for the inſurrection which was alſo incog. or thought that a rebellion, without an army, would be moſt properly ſubdued by a Prince without a Guard.

Another ſuppoſed proof of the diſaffection of the Begums was brought, by alledging that 1000 Nudgics had been raiſed at Fyzabad, and ſent to the aſſiſtance of Cheit Sing, and this for no other reaſon than a detachment of the ſame number was in the liſt of the forces of that Rajah! This ſingle circumſtance was taken as a full and compleat evidence of the identity of thoſe troops. It was no matter that the Officer ſecond in command with Cheit Sing, had ſworn that the detachment came from Lucknow, and not from Fyzabad.—This Mr. Haſtings would have to be a triſling miſtake, of one Capital for another!—The ſame Officer however had alſo depoſed, that the troops were of a different deſcription; thoſe of Begum being ſwordſmen, and thoſe in the ſervice of the Rajah, match-lock men.—The inference to be made therefore, undoubtedly was, that the detachment did actually come from Lucknow; not ſent perhaps by the Nabob, but by ſome of the Jaghirdars, his favorites, who had abundant power for that purpoſe, and whoſe averſion to the Engliſh had always been avowed.—The name of Sadib Ally, his half-brother, had been mentioned as being highly criminal in theſe tranſactions;—but to the queſtion, why he was not puniſhed, Sir Elijah Impey had given the beſt anſwer at that Bar;—by informing their Lordſhips that Sadib Ally was miſerably poor? He had therefore found protection in his poverty, and ſafety in his Inſolvency. Every common maxim of judging on ſuch occaſions, was certain to be overturned by Mr. Haſtings;—it was generally ſuppoſed that the needy were the moſt daring, and that Neceſſity was the ſtrongeſt ſt [...]mulus to Innovation. But the Governor General inverting this propoſition, had laid it down as an axiom—that the actions of the poor were ſufficiently puniſhed by contempt—that the Guilt of an offender ſhould increaſe in a preciſe ratio with his Wealth—and that in fine, where there was no treaſure, there could undoubtedly be no treaſon!

Mr. Sheridan next read the letter of the Begum to Mr. Haſtings, complaining of the ſuſpicions which had been ſo unjuſtly raiſed of her conduct; and referring to Capt. Gordon who could teſtify her innocence. He alſo read the letter of Capt. Gordon to the Begum, thanking her for her interference, and acknowledging that he owed his life to her bounty. It had been aſked with an air of ſome triumph, why Capt. Gordon was not called to that Bar? He had anſwered then as now that he would not call on a man, who, in his affidavit, had ſuppreſſed all mention of this important tranſaction. He truſted, that if ever he ſaw him at that bar, he ſhould witneſs a contrite zeal to do away the effects of that ſilence, and behold a penitential tear for the part he had then taken. He hoped, however, for the honor of human nature, that Capt. Gordon was then under a deluſion—and that he was led on by Mr. Middleton, who was well informed of the buſineſs, to act a part o which he did not know the conſequences. Every feeling of humanity recoiled from the Tranſaction taken in any other point of view. It was difficult to imagine that any man could ſay to a Benefactor, ‘"The breath that I now draw, next to heaven I owe to you;—my exiſtence is an emanation from your bounty—I am indebted to you beyond [12] all poſſibility of return, and therefore,—my GRATITUDE ſhall be your DESTRUCTION."’

The original letters on this occaſion from Colonel Hannay and Captain Gordon to the Begum, had been tranſmitted by her through Major Gilpin to Mr. Middleton, for the purpoſe of being ſhewn to Mr. Haſtings; but the leaves were torn from Mr. Middleton's letter-book in the place where hey ſhould have appeared. When examined on this ſubject, he ſaid, that he had depoſited Perſian copies of thoſe letters in the office at Lucknow, but that he did not bring tranſlates with him to Calcutta—becauſe he left Lucknow the very day after he had received the originals. This excuſe, Mr. Sheridan ſaid, he could boldly aſſert, was a flat and decided perjury! It could be proved, by correſponding dates, that Middleton had received thoſe letters at leaſt a month before he left Lucknow. He departed from that City on the 17th of October, but muſt have received thoſe letters before the 20th of the preceding Month. He was therefore well aware of the purity of thoſe, in whoſe oppreſſion he was engaged; he knew that their attachment was fully proved, at the very time when they were charged with diſaffection; but as their puniſhment was predetermined, he in concert with his Principal, found it neceſſary to ſuppreſs the teſtimonials of their Innocence.—This Maſs of Fraud and Cruelty, covered as it had been by every art which the vile Agents could deviſe, was now bared to the View, by the aid of that Power who can give a Giant's nerve even to an Infant Arm.—The injured ſufferers, with tears more powerful than Argument, and with ſighs more impreſſive than Eloquence, ſupplicated their Lordſhips' Juſtice, and called for that retribution which ſhould take place on the deteſted, but unrepenting Author of their wrongs!

The benevolent interference of the Begum, in favor of Capt. Gordon, had been aſſigned by Mr. Haſtings in his Defence, to her intelligence of the ſucceſſes of the Engliſh at that period.—That this allegation was founded in manifeſt falſehood, could very eaſily be proved.—The only ſucceſs which the Britiſh forces at that time met with, was that of Col. Blair, on the 3d of September, but where he himſelf acknowledged that another victory, gained at ſuch a loſs, would be equal to a defeat.—The reports ſpread around the country, at the time, were of the moſt unfavorable caſt—that Mr. Haſtings had been ſlain at Benares, and that the Engliſh were every where routed:—Theſe reports, it was to be remarked, were of infinitely more conſequence to the preſent argument, than the facts which really occurred; but if any doubt remained on the mind of any man, it was only neceſſary to recur to a neverfailing evidence, in that of Mr. Haſtings againſt himſelf.—In a letter to the Council, which was on record, Mr. Haſtings acknowledged that from the 22d of Auguſt to the 22d of Sept. which included ofcourſe the time of Captain Gordon's liberation, he had been confined in a ſituation of the utmoſt hazard; that his ſafety, during that time, was extremely precarious, and that the affairs of the Engliſh were generally thought to be unfavorable in the extreme! In his defence, however, theſe admiſſions were totally forgotten; there was alſo an obſervable inconſiſtency in what was there alledged: that Colonel Hannay had written to the Begum in the ſtyle of ſupplication—becauſe, in the deſperate ſituation of affairs, he knew of no other which he could adopt; and yet, in the ſame ſentence it was averred, that the Begums had procured the releaſe of Captain Gordon—from her knowledge of the proſperous advances of our army!—It appeared, therefore, beyond the poſſibility of a doubt, that thoſe Princeſſes had demonſtrated the firmneſs of their attachment to the Engliſh, not in the moment of ſucceſs—not from the impulſe of fear, nor from the proſpect of future protection;—but at a time when the hoard of collected vengeance [13] was about to burſt over our heads; when the meaſure of European guilt in India, appeared to be completely filled, by the oppreſſions which had juſt then been exerciſed on the unfortunate Cheit Sing; and when Offended Heaven ſeemed to interfere, to change the meek diſpoſition of the Natives, to awaken their Reſentments, and to inſpirit their Revenge!

The ſecond, of the remaining parts of the Charge againſt the Begums, was their having enflamed the Jaghirdars. It was evident, however, even from the letters of Mr. Middleton himſelf, that no ſuch aid was wanted to awaken reſentments, which muſt unavoidably have ariſen from the nature of the buſineſs.—There were many powerful Intereſts concerned;—the Jaghires, which were depending were of a vaſt amount, and as their owners by the Reſumption would be reduced at once to poverty and diſtreſs, their own feelings were ſufficient to produce every effect which had been deſcribed. It was idle, therefore, to aſcribe to the Begums, without a ſhadow of proof, the inſpiring of ſentiments, which muſt have exiſted without their interference. ‘"I ſhall not waſte the time of the Court, ſaid Mr. Sheridan, on ſuch a ſubject, but appeal to your Lordſhips individually, to determine whether on a propoſal being made to confi [...]cate your ſeveral eſtates,—and the magnitude of the objects are not very unequal,—the interference of any two Ladies in this Kingdom would be at all neceſſary to awaken your Reſentments, and to rouſe you to oppoſition, &c."’

The Diſcontents which prevailed in the Province of Oude, had been alſo and with ſimilar juſtice attributed to theſe Princeſſes, and formed the third and laſt Article of Charge againſt them. But the Conduct of the Officers reſiding in that Province, the repeated complaints from the Natives, and the acknowledged rapacity of Col. Hannay left no difficulty in tracing thoſe diſcontents to the ſource where they had originated. The Nabob himſelf was ſo well convinced of the tyranny of Col. Hannay, that on a propoſition coming from Mr. Haſtings, to ſend him back into the Province, the Nabob ſwore by Mahomet, ‘"that if the Colonel was ſent back, he would quit the Province, and come to reſide with Mr. Haſtings."’ The Governor General ſome time after ſent an apology for the ſuggeſtion, but it was then too late—Col. Hannay was dead—and the Province was deſolate! If a Stranger juſt arrived, and ignorant of every former tranſaction were then to ſurvey the once fertile plains of Oude, he would aſk,—‘"What ſavage Invader had waged ſuch terrible Hoſtilities againſt the bounties of Heaven and the works of Man?"’ What Civil Fury, or what Religious Frenzy had depopulated the ſcene, even to a Waſte of Deſolation? What pernicious Monſter, ſent by vindictive Heaven, had ſwept through its plains, and with peſtiferous breath, blaſted all it could not conſume?—To theſe queſtions ſome native with a tearful eye, and ſubdued aſpect, would have anſwered—‘"that no War, no Diſſentions, no Monſter had produced thoſe effects, which were all owing—to an alliance with the Egliſh!—and that this diſaſtrous connection had been fraught with more ills, than the moſt incenced enemy could deſire, or a merciful Providence deſcend to inflict!"’

That this repreſentation was not exaggerated, would appear from the deſcription of Maj. Naylor, who had ſucceeded Colonel Hannay, and who had previouſly ſaved him from the vengeance which the aſſembled ryots, of huſbandmen, were about to take on their oppreſſor. The progreſs of extortion, it appeared, had not been uniform in that province:—it had abſolutely increaſed as its reſources failed, and as the labor of exaction became more difficult, the price of that encreaſed labor had been charged as an additionl tax on the wretched inhabitants!—At length, even in their meek boſoms, where injury never before begot [14] reſentment, nor deſpair arouſed to courage, encreaſed oppreſſion had its due effect. They aſſembled round their Oppreſſor, and had nearly made him their ſacrifice. So deeply were they impreſſed with the ſenſe of their wrongs, that they would not accept of even life from thoſe who had reſcued Col. Hannay! They preſented themſelves to the ſwords of the ſoldiery, and as they lay bleeding on the banks of their ſacred ſtream, they comforted themſelves with the ghaſtly hopes that their blood would not deſcend into the ſoil; but that it would aſcend to the view of the GOD of NATURE, and there claim a retribution for their wrongs!—Of a people thus injured, and thus feeling, it was an audacious fallacy to attribute the conduct to any external impulſe.—That GOD, whō gave them the Form of Man, implanted alſo the wiſh to vindicate the Rights of Man. Tho' ſimple in their manners, they were not ſo uninformed as not to know—that Power is in every State a truſt repoſed for the general good; and that the truſt being once abuſed, ſhould of courſe be inſtantly reſumed.

Though the Innocence of the Begums, Mr. Sheridan continued, was thus proved beyond a poſſibility of doubt, it could not but be allowed that he argued fairly, if he did not immediately infer, from that proof, the guilt of Mr. Haſtings. He would go ſo far as to admit, that Mr. Haſtings might have been deluded by his Accomplices, and have been perſuaded into a conviction of a criminality which did not exiſt; if that were proved, he would readily agree to acquit the Priſoner of the preſent Charge. But if, on the contrary, there appeared, in his ſubſequent conduct, uch a concealment, as denoted the fulleſt conciouſneſs of guilt; if all his narrations of the buſineſs were marked with inconſiſtency and contradiction, that mind muſt be inacceſſible to conviction, which could entertain a doubt of his criminality.—From the month of Sept. in which the ſeizure of the Treaſures took place, until the January following, had Mr. Haſtings wholly concealed the tranſaction from the Council at Calcutta! If any thing could be more ſingular than this concealment, it was the reaſons by which it was afterwards attempted to be juſtified. Mr. Haſting's firſt pleaded a want of leiſure. He was writing to the Council, at a time when he complained of an abſolute inaction:—he found time to narrate ſome pretty Eaſtern tales, reſpecting the attachment of the Seapoys to their cannon, and their dreſſing them with flowers on particular occaſions—but of a Rebellion which convulſed an Empire—of the ſeizure of the Treaſures to ſuch an amount, he could not find leiſure to ſay one ſyllable until he had ſecured an Excuſe for his Conduct in the Poſſeſſion of the Money!—The ſecond Excuſe was, that all Communication was cut off with Fyzabad; and this was alledged at the time, when letters were paſſing daily between him and Mr. Middleton, and when Sir Elijah Impey had pronounced the Road to be as free from interruption, as that between London and Brentford.—The third Excuſe was, that Mr. Middleton had taken with him on his departure from Chunar all the original papers which it was neceſſary for Mr. Haſtings to conſult!—That the original papers had not been removed, was evident, however, from Mr. Haſtings ſending a copy of the Treaty of Chunar to Mr. Middleton on the fourth day after the Reſident's departure; though it appeared that it was after to be reincloſed at a proper time to Mr. Haſtings, to be ſhewn to the Council. A Copy of the ſame had been ſhewn to the Oriental GROTIUS, Sir Elijah Impey, which he confeſſed his having read at the time when he declared his ignorance, of the guarantee granted to the Princeſſes of Oude! Looking to the abſurdity of reaſons, ſuch as theſe aſſigned in Defence of a ſilence ſo criminal; Mr. Sheridan declared, that he would lay aſide every other arguments—that he would not dwell on any other topic of guilt; if the Counſel for Mr. Haſtings would but join iſſue on this point, and prove, to the ſatisfaction of the Court, that [15] any of theſe excuſes were in the ſmalleſt degree ſufficient for the purpoſe for which they were aſſigned.

Amidſt the other artifices of concealment, was a letter from Col. Hannay, dated Oct. 17, 1781, which Mr. Sheridan proved beyond diſpute, could not have been written at the time, but was fabricated at a ſubſequent period, as it contained a mention of facts, which could by no poſſibility have been known to Col. Hannay, at the time when it was pretended to have been written.—Whatever elſe could be done for the purpoſe of concealment, was done in that mixture of canting and myſtery, of rhapſody, and enigma—‘"Mr. Haſtings' Narrative of his journey to Benares."’—He there ſet out with a ſolemn appeal to heaven for the truth of his averments, and a declaration of the ſame purport to Mr. Wheeler: the faith, however, thus pledged, was broken both to God and man, for it was already in evidence, that no ſingle tranſaction had occurred as it was there ſtated!

The queſtion would undoubtedly occur to every perſon who had attended to theſe proceedings—‘"Why Mr. Haſtings had uſed all theſe efforts to veil the whole of this buſineſs in myſtery?’—It was not ſtrictly incumbent on him to anſwer the queſtion, yet he would reply, that Mr. Haſtings had obviouſly a bloody reaſon for the concealment.—He had looked to the natural effect of ſtrong injuries on the human mind; as in the caſe of Cheit Sing, he thought that oppreſſion muſt beget reſiſtance; and the efforts which might be made by the Begums in their own Defence, tho' really the effect, he was determined to repreſent as the cauſe of his proceedings.—Even when diſappointed in thoſe aims by the natural meekneſs and ſubmiſſion of thoſe with whom he was to act; he could not abandon the idea,—and accordingly, in his letter to the Directors, of Jan. 5, 1782, had repreſented the ſubſequent diſturbances in Oude, as the poſitive cauſe of the violent meaſures which he had adopted—two months before thoſe diſturbances had exiſtence!—He there congratulates his maſters on the ſeizure of thoſe treaſures, which, by the Law of Mahomet, he aſſures them were the property of Aſophul Dowla; thus the perturbed ſpirit of the Mahometan law, according to Mr. Haſtings' idea, ſtill hovered round thoſe treaſures, and envied them to every poſſeſſor, until it at length ſaw them ſafely lodged within the ſanctuary of the Britiſh Treaſury!—In the ſame ſpirit of piety, Mr. Haſtings had aſſured the Houſe of Commons, that the inhabitants of Aſia believed that ſome unſeen power interfered, and conducted all his purſuits to their deſtined end.—That Providence, however, which thus conducted the efforts of Mr. Haſtings, was not the Providence to which others profeſs themſelves indebted; which interferes in the cauſe of virtue, and inſenſibly leads guilt towards its puniſhment; it was not in fine that Providence. ‘"Whoſe works are goodneſs, and whoſe ways are right."’

The unſeen power which protected Mr. Haſtings, operated by leading others into criminality, which as far as it reſpected the Governor General, was highly fortunate in its effects.—If the Rajah Nundcomar brings a charge againſt Mr. Haſtings; Providence ſo orders it, that the Rajah has committed a Forgery ſome years before, which, with ſome friendly aſſiſtance, proves a ſufficient reaſon to remove out of the way ſo troubleſome an acquaintance.—If the Company's Affairs are deranged through the want of Money, Providence ordains it ſo that the Begums, though unconſciouſly, fall into a Rebellion, and give Mr. Haſtings an opportunity of ſeizing on their Treaſures! Thus the ſucceſſes of Mr. Haſtings depended not on any poſitive merit in himſelf; it was to the inſpired FELONIES, the heaven-born CRIMES, and the providential TREASONS of others that he was indebted for each ſucceſs, and for the whole tenor of his Proſperity!

[16] It muſt undoubtedly bear a ſtrange appearance that a man of reputed Ability ſhould, even when acting wrongly, have had recourſe to ſo many bungling artifices, and ſpread ſo thin a veil over his deceptions. But thoſe who teſtified any ſurprize at this circumſtance, muſt have attended but little to the demeanor of Mr. Haſtings. Through the whole courſe of his conduct, he ſeemed to have adhered to one General Rule—to keep as clear as poſſible off the fact which he was to related—Obſerving this maxim, his only ſtudy was to lay a foundation as fanciful and as ornamented as poſſible; then by a ſuperadded maſs of fallacies, the ſuperſtructure was ſoon complete, tho' by ſome radical defect it never failed to tumble on his own head;—Riſing from thoſe ruins, however, he was ſoon found rearing a ſimilar edifice, but with a like effect.—Delighting in difficulties, he diſdained the plain and ſecure foundation of Truth; he loved, on the contrary, to build on a precipice, and to encamp on a mine.—Inured to falls, he felt not the danger, and frequent defeats had given him a hardihood, without impreſſing a ſenſe of the diſgrace.

It had been a maxim once as much admitted in the practice of common life, as in the ſchool of philoſophy, that where Heaven was inclined to to deſtroy the Vice, it began by debaſing the Intellect. This idea was carried ſtill farther by the Right Hon. Gentleman, Mr. Burke, who opened the proſecution, who declared that PRUDENCE and VICE were things abſolutely incompatible;—that the vicious man being deprived of his beſt energies, and curtailed in his proportion of underſtanding, was left with ſuch a ſhort-ſighted degree of penetration, as could not come under the denomination of PRUDENCE.—This ſentiment did honor to the name of his Right Honorable Friend, if that name could now be mentioned with additional honor.—But it was ſtill to be remembered, that there were other Characters beſide a Caeſar and a Cromwell, who acting on determinations inimical to Virtue, and hoſtile to the laws of Society, had proceeded, if not with prudence, yet with an allcommanding ſagacity, that was productive of ſimilar effects. Thoſe, however, were iſolated Characters, which left the Vice that dared to follow either in a ſtate of deſpondent Vaſſalage, or involved it in Deſtruction. Such was the preſent inſtance of failure, and ſuch it was always to be truſted, would be that of every other, who regarded ſuch characters with an Eye of Emulation.—Such was the perpetual Law of Nature, that VIRTUE, whether placed in a circle more contracted or enlarged, moved with ſweet conſent in its allotted orbit;—there was no diſſonance to jar, no aſperity to divide;—and that Harmony which made its Felicity, at the ſame time conſtituted its Protection.—Of VICE on the contrary the parts were diſunited, and each in barbarous language clamoured for its pre-eminence..—It was a ſcene where tho' one domineering paſſion might have ſway, the others ſtill preſſed forward with their diſſonant claims, and in the moral world, Effects ſtill awaiting on their Cauſes, the Diſcord of courſe enſured the Defeat.

After dwelling for ſome time time on this topic, with a beauty which we find it impoſſible to deſcribe, and with a ſublimity which has rarely, if it ever had been equalled:

Mr. SHERIDAN reverted again to the ſubject of the claims made on the Princeſſes of Oude.—Whether thoſe were firſt made by the Nabob, or ſuggeſted to him by his Sovereign, Mr. Haſtings tho' the counſel had laboured much to prove the former appeared to him to carry very little difference. If the ſeizure was made as a confiſcation and puniſhment for ſuppoſed guilt; then, if ever there was a crime which ought to paſs ‘"unwhipped of Juſtice,"’ it was that where a ſon muſt neceſſarily be made the inſtrument of an infliction, by which [17] he broke his Covenant of Exiſtence, and violated the Condition by which he held his rank in Society. If, on the contrary. it was meant as a Reſumption, in conſequence of a ſuppoſed right in the Nabob, then Mr. Haſtings ſhould have recollected the Guarantee of the Company granted to the Begums: unleſs it was meant to ſay, that Mr. Haſtings acted in that, as in other inſtances, and aſſured them of his Protection,—until the very moment when it was wanted.—It was idle, however, to dwell on the conduct or free agency of a man, who, it was notorious, had no will of his own. What Mr. Middleton aſſerted at that Bar, would ſcarcely be put in competition with a ſeries of eſtabliſhed facts; by which it appeared, that the Nabob had ſubmitted to every indignity, and yielded to every aſſumption.—It was an acknowleged fact, that he had even been brought to join in that paltry artifice which had been termed the ſubornation of letters. This practice was carried to ſuch a length, that he in the end complained, in a manner rather ludicrous, that he was really tired of ſending different Characters of Mr. Briſtow, in purſuanc of the directions ſent to the Reſident.—He had pronounced black white, and white black ſo often, that he really knew not what to ſay, and therefore begged that once for all, the friends of Mr. Haſtings might be conſidered as his, and that their enemies might alſo be the ſame.—After this it was ſuperfluous to argue that the Nabob could direct his view to ſo important an object as the ſeizing of the treaſures, unleſs he had been impelled by Mr. Middleton, and authoriſed by Mr. Haſtings!

At half paſt four o'clock, Mr. SHERIDAN being apparently exhauſted by ſo very animated a ſpeech of four hours continuance, the Court adjourned.

TUESDAY, JUNE 10.

Mr. SHERIDAN reſumed his ſpeech at the very point where he had concluded on Friday laſt. He felt himſelf too highly honored, he ſaid, by the attention which had been paid by their Lordſhips to think any repetition neceſſary. He had already proved to every unbiaſſed mind the vaſſallage in which the Nabob of Oude was kept by Mr. Haſtings and his agents. He had proved that if ever the Nabob was independent; if ever he was ſuffered to act from the ſuggeſtions of his own mind, in this buſineſs of the Begums he acted under a ſtrong and ſyſtematic compulſion.—He could alſo make it appear to their Lordſhips, that this dark and myſterious tranſaction had been conducted by three principals and three ſubordinates. The principals were Mr. Haſtings, Sir Elijah Impey, and Mr. Middleton; the ſubordinates, Colonel Hannay, Hyder Beg Cawn, the oſtenſible Miniſter of the Nabob, and Ali Abram Cawn, another black agent in the buſineſs. By thoſe, it would plainly appear, the whole buſineſs was tranſacted, that the myſtery of the conduct could only be equalled by the iniquity of its concluſion.

Before he proceeded however to the main buſineſs of the Charge, he found it neceſſary to remark on two particular circumſtances overlooked in his former comments on the evidence.—The firſt of theſe was the pretended ignorance of Sir Elijah Impey, reſpecting the ſubſtance of the Affidavits.—He had declared that he had no converſation on the ſubject with Mr. Haſtings, becauſe he had left Chunar on the day following their delivery;—this however would not be looked on as a valid excuſe, when it was known that Mr. Haſtings and Sir Elijah Impey left that place together, and travelled in company with each other!—And what was yet more ſtrange, he pleaded ignorance of the contents of thoſe Affidavits, tho' in ſix days after he was found at [18] Buxar, adminiſtering an oath to Major Davy, with reſpect to the fidelity of his official tranſlation of the Affidavits from the Perſian language!—The ſecond circumſtance which called for notice, was the ſuppreſſion of the Evidence of Hoolus Roy, the moſt active Agent through the whole of theſe tranſactions.—His affidavit was taken with the reſt;—from his ſituation, it muſt have contained ſtrong matter either to criminate, or prove the innocence of the Begums—but by ſome ſtrange accident, this ſtrong Affidavit was—by ſome means, ſuppreſſed!

Mr. SHERIDAN then adverted at ſome length to the contradictory accounts given by Mr. Haſtings, of the violence uſed towards the Begums, particularly with reſpect to the ſeizure of their Jaghires. That which was undoubtedly an attrocious violence and unjuſtifiable fraud, was at one time inflicted as a puniſhment for their contumacy;—at another, the juſtice of the meaſure was ſo far a matter of doubt, that even Mr. Haſtings profeſſed his readineſs to ſtipulate and to enſure to the Princeſſes a proper equivalent for thoſe Jaghires. The contradictions, however, were not confined to this circumſtance; the Nabob it appeared from the correſpondence, marked as it was by that knaviſh, half-confidence which was incident to ſuch tranſactions, had offered to ſubmit to the ſeizure of the treaſures, merely as an alternative leſs dangerous than the reſumption of the Jaghires. Much ingenuity was employed to make this appear as the ſuggeſtion of the Nabob, though it was clearly apparent that it was the propoſition of Mr. Haſtings. An equal ingenuity appeared in Mr. Haſtings's mode of accepting an alternative, which was, when one conceſſion was proffered in lieu of another—to ſeize on both!—The conduct of the Governor General was alſo illuſtrated in a part of his Defence, where he admitted that there were private reaſons for his conduct towards the Begums—but which ‘"wanting the authenticity of according evidence,"’ he did not chuſe at preſent to bring forward. There was even in this ſtatement a Modeſty very unuſual with Mr. Haſtings.—He who in every other inſtance advanced Aſſertions in the room of Proof—in the preſent, would not ſtate any thing which wanted the validity of recorded Evidence.—There was, however, ſufficient to ſhew, that in addition to the allowed rapacity of Mr. Haſtings, there was not wanting the additional incentive of perſonal malice!

The Conduct of Mr. Middleton was the next ſubject of Diſcuſſion.—His ſcruples with reſpect to the ſeizure of Jaghires, ſatisfied at firſt with ‘"a hint,"’ but afterwards requiring ‘"a more formal ſanction;"’ the difference between his public and private letters, and his offers to change the tenor of the former at the will of the Governor-General; all underwent a ſevere animadverſion. Theſe obſervations involved of courſe a very complicated detail, which, though neceſſary to the ends of juſtice, could, if purſued by us, afford but little gratification.

At half paſt two o'clock, when Mr. ADAM was reading ſome letters of Mr. Middleton and Major Naylor, Mr. Sheridan felt ſuch an increaſing indiſpoſition as compelled him to retire; and ſhortly after Mr. Fox informed their Lordſhips, ‘"that the Hon. Manager who had taken up the preſent charge, felt himſelf totally unable to proceed in ſuch a manner as to do juſtice to the cauſe in which he was engaged."’

The Court immediately aroſe and adjourned.

FRIDAY, JUNE 13, 1788.

[19]

THE Court, notwithſtanding the recent diſappointment occaſioned by the illneſs of Mr. SHERIDAN, was this day as full as ever.—At Twelve o'Clock, the LORD CHANCELLOR, and the Mover of the preſent Charge, appeared in their reſpective places, and both, we are happy to ſay, in a ſtate of recovered health:—of the former, we could only judge by his appearance—Mr. SHERIDAN afforded other grounds to form our opinion—an animation which gave force to his ſublimity—and an energy which ſpread itſelf through his hearers.—His concluſion of this day formed a climax of ſuch excellence, as cannot be deſcribed,—and which, when fainter impreſſions are faded and forgotten, will cauſe his hearers to be envied.

Mr. SHERIDAN began, by apologizing for the interruption which his Indiſpoſition had cauſed on the former day. He aſſured their Lordſhips, in the ſtrongeſt terms, that nothing but the Importance of the Cauſe, to which he felt himſelf totally unable to do Juſtice, could have made him treſpaſs on that Indulgence, which, on other occaſions, he had ſo amply experienced.

He had then concluded, with ſubmitting to their Lordſhips, the whole of the correſpondence, as far as it could be obtained, between the principals and agents, in the nefarious plot carried on againſt the Nabob Vizier, and the Begums of Oude. Theſe letters were worthy the moſt abſtracted attention of their Lordſhips, as containing not only a narrative of that foul and unmanly conſpiracy, but alſo a detail of the motives and ends for which it was formed, and an expoſition of the trick, the quibble, the prevarication, and the untruth with which it was then acted, and now attempted to be defended!—The Queſtion would undoubtedly ſuggeſt itſelf, why the Correſpondence was ever produced by the parties againſt whom it was now adduced in evidence, and who had ſo much reaſon to diſtruſt the Propriety of their own Conduct?—To this the anſwer was, that it was owing to a mutual and providential reſentment which had broken out between the Parties, which was generally the Caſe between Perſons concerned in ſuch tranſactions. Mr. Middleton was incenſed, and felt as a galling triumph the confidence repoſed by the Governor-General in other Agents.—Mr. Haſtings was offended by the tardy warineſs which marked the Conduct of Middleton; by the various remonſtrances by the Agent—though as knowing the Man, to whom they were addreſſed, they were all grounded on motives of Policy, not of Humanity; and of Expediency, which left Juſtice entirely out of the Queſtion; but the great oſtenſible ground of Quarrel was, that Middleton had dared to ſpend two days in Negotiation—tho' that delay had prevented the general Maſſacre of upwards of two thouſand perſons!—The real cauſe, however, of this difference was a firm belief on the part of Mr. Haſtings, that Mr. Middleton had inverted their different ſituations, and kept the Lion's Share of plunder to himſelf. There were undoubtedly ſome circumſtances to juſtify this ſuſpicion. At the time when Mr. Haſtings had firſt complained; the Nabob's Treaſury was empty, and his troops ſo mutinous for their pay, as even to threaten his Life; yet in this moment of Gratitude and Opulence, Middleton intimated the Nabob's Deſire to make Mr. Haſtings a preſent of 100,000l. That facrifice, however, not being deemed ſufficient, Mr. Middleton was recalled, and Major Palmer was ſent in his room, with inſtructions to tell the Nabob that ſuch a donation was not to be attempted; the Prince, however, with an unfortunate want of recollection, ſaid that ‘"no ſuch offer had ever been in his mind."’—Thus, it had always been conſidered as the heightening of a favor beſtowed that the receiver ſhould not know from what quarter it came; but it was reſerved for Mr. Middleton to improve on this by ſuch a delieate [20] refinement, that the perſon giving ſhould be totally ignorant of the favor he conferred!

But notwithſtanding theſe little differences and ſuſpicions, Mr. Haſtings and Mr. Middleton, on the return of the latter to Calcutta in October; 1782, continued to live in the ſame ſtyle of friendly colluſion, and fraudulent familiarity as ever. But when Mr. Briſtow, not anſwering the purpoſes of Mr. Haſtings, was accuſed on the ſnborned letters, procured from the Nabob, one of which pronounced him to be blackeſt Character in exiſtence, whilſt another, of the ſame date, ſpoke of him as a very honeſt fellow; Mr. Haſtings thought it might appear particular, and therefore, after their late intimacy of ſix months, accuſes Mr. Middleton alſo before the Board at Calcutta. It was then that in the raſh eagerneſs, which diſtinguiſhed his purſuit of every object, Mr. Haſtings had incautiouſly, but happily for the preſent purpoſes of Juſtice, brough forth thoſe ſecret letters. It mattered not what were the views which induced Mr. Haſtings to bring to bring that Charge; whether he had drawn up the Accuſation, or obliged Middleton with his aid in framing a Defence: the whole had ended in a repartee, and a poetical Quotation from the Governor General. The only circumſtance material to the purpoſes of humanity, was the production of inſtruments, by which thoſe who had violated every principle of Juſtice and Benevolence, were to ſee their Guilt explained, and, it was to be hoped, to experience that Puniſhment which they deſerved.

To thoſe private letters it was that their Lordſhips were to look for whatever elucidation of the ſubject could be drawn from the parties concerned; written in the moments of confidence, they declared the real motive and object of each meaſure; the public letters were only to be regarded as proofs of Guilt, whenever they eſtabliſhed a contradiction. The Counſel for the Priſoner had choſen, as the ſafeſt ground, to rely on the public letters, written for the concealment of fraud and purpoſe of deception. They had, for inſtance, particularly dwelt on a public letter from Mr. Middleton, dated in December, 1781, which intimated ſome particulars of ſuppoſed contumacy in the Begums, with a view to countenance the tranſactions which ſhortly after took place, and particularly the reſumption of the Jaghires. But this letter both Sir Elijah Impey and Mr. Middleton had admitted, in their examination at that bar, to be totally falſe; though, if it were in every point true, the apprehenſion of reſiſtance to a meaſure could not by any means be made a ground for the enforcement of that meaſure in the firſt inſtance. The Counſel ſeemed diſpleaſed with Mr. Middleton for the anſwer, and therefore repeated the queſtion. The witneſs, however, did not readily fall into their humour; for he declared, that he did not recollect a particle of the letter; and though Memory was undoubtedly not the forte of Mr. Middleton, he was not, perhaps, entirely faulty on this occaſion, as the letter was certainly of a later fabrication, and perhaps not from his hand. This letter, however, was alſo in direct contradiction to every one of the Defences ſet up by Mr. Haſtings.—Another public letter, which had been equally dwelt on, ſpoke of the ‘"determination of the Nabob,"’ to reſume the Jaghires. It had appeared in evidence, that the Nabob could by no threats be compelled to yield to their meaſures—that it was not until Mr. Middleton had actually iſſued his own Perwannas for the Collection of the Rents, that the Nabob, rather than be brought to the utmoſt ſtate of degradation, agreed to let the meaſure be brought forward on his own act! The Reſiſtance of the Begums to that meaſure was noticed in the ſame letter, as an inſtance of female levity—as if their defence of the property aſſigned for their ſubſiſtence was to be made a reproach;—or that they deſerved a reproof for female lightneſs, by entertaining a feminine objection—to their being ſtarved!

[21] This reſiſtance to the meaſure, which was expected, and the conſoling ſlaughter on which Mr. Haſtings relied, were looked to in all thoſe letters as a juſtification of the meaſure itſelf. There was not the ſmalleſt mention of the anterior rebellion, which by prudent after-thought had been ſo greatly magnified. There was not a ſyllable of thoſe dangerous machinations which were to have dethroned the Nabob;—of thoſe ſanguinary artifices by which the Engliſh were to have been extirpated.—Not a particle concerning thoſe practices was mentioned in any of Middleton's letters to Haſtings, or in the ſtill more confidential communication which he maintained with Sir Elijah Impey: Though after the latter, his letters were continually poſting, even when the Chief Juſtice was travelling round the country in ſearch of affidavits. When on the 28th of November, he was buſies at Lucknow, on that honourable buſineſs, and when three days after he was found at Chunar, at the diſtance of 200 miles, prompting his inſtruments, and like Hamlet's Ghoſt exclaiming—‘"SWEAR!"’—His progreſs on that occaſion was ſo whimſically ſudden, when contraſted with the gravity of his employ, that an obſerver would be tempted to quote again from the ſame ſcene;—‘"Ha! Old TRUEPENNY, can'ſt thou mole ſo faſt i' the ground?"’—Here however the Compariſon ceaſed—for when Sir Elijah made his viſit to Lucknow, ‘"to whet the almoſt blunted purpoſe"’ of the Nabob, his language was wholly different from that of the Poet:—it would have been much againſt his purpoſe to have ſaid:

"Taint not thy mind, nor let thy ſoul contrive
"Againſt thy MOTHER aught!"

On the ſubject of thoſe Affidavits, he would only make another ſingle obſervation.—Sir Elijah Impey had denied all acquaintance with their contents, tho' he had been actually accompanied to Buxar by Major Davy, who there tranſlated them from the Perſian, for the uſe of Mr. Haſtings!—There was amongſt them, an Affidavit taken in Engliſh, from a Native at Buxar, but which was firſt explained to the deponent by Major Davy in the preſence of Sir Elijah Impey!—How far therefore the aſſertion of the Chief Juſtice was plauſible, and how far this fact was conſiſtent with that aſſertion, he ſhould leave it to their Lordſhips to determine.

It was in ſome degree obſervable, that not one of the private letters of Mr. Haſtings, had been produced at any time!—Even Middleton, when all confidence was broken between them, by the production of his private correſpondence at Calcutta, either feeling for his own ſafety, or ſunk under the faſcinating influence of his maſter, did not dare to attempt a retaliation!—The letters of Middleton, however, were ſufficient to prove the ſituation of the Nabob, when preſſed to the meaſure of reſcuing the Jaghire, in which he had been repreſented as acting wholly from himſelf.—He was there deſcribed as loſt in ſullen melancholy—with feelings agitated beyond expreſſion, and with every mark of agonized ſenſibility. To ſuch a degree was this apparent, that even Middleton was moved to interfere for a temporary reſpite, in which he might be more reconciled to the meaſure. ‘"I am fully of opinion, ſaid he, that the deſpair of the Nabob muſt impel him to violence; I know alſo that the violence muſt be fatal to himſelf—but yet I think, that with his preſent feelings, he will diſregard all conſequences."’—Mr. Johnſon alſo, the Aſſiſtant Reſident, wrote at the ſame time to Mr. Haſtings to aver to him that the meaſure was dangerous, that it would require a total Reform of the Collection which could not be made without a Campaign!—This was Britiſh Juſtice, this was Britiſh Humanity! Mr. Haſtings enſures to the Allies of the Company in the ſtrongeſt terms their Proſperity and his Protection;—the former he ſecures by ſending an army to plunder them of their wealth and to deſolate their ſoil!—His Protection is fraught with a ſimilar ſecurity;—like a Vulture with Talons infixed in the heart of his victim, he frights away the [22] leſſer Kites—and then calls the ſacrifice—protection!

In all the Annals of human Tyranny or human ſuffering—in the accurate illuſtrations of a TACITUS, or the luminous Pages of a GIBBON, there did not occur ſuch an inſtance of unexampled iniquity!—The victims of this oppreſſion were confeſſedly deſtitute of all power to reſiſt their oppreſſors; but that debility, which from other boſoms would have claimed ſome Compaſſion, with reſpect to the Mode of Suffering, here excited but the ingenuity of Torture! Even when every feeling of the Nabob was ſubdued, Nature made a lingering, feeble ſtand within his boſom; but even then that cold, unfeeling Spirit of Malignity, with whom his doom was fixed, returned with double Acrimony to its purpoſe, and compelled him to inflict on a parent that Deſtruction, of which, he was himſelf reſerved but to be the laſt Victim!—To thoſe who looked with an equal and impartial eye to the ends of Juſtice, and the intereſts of Humanity, it would appear, that ſince the day of the Original Sin, a ſcene ſo iniquitouſly cruel, or ſo fraudfully deteſtable, had never produced Reſentment, or excited Compaſſion!

Yet when cruelty ſeemed to have reached its bounds, and guilt to have aſcended to its climax, there was ſomething in the character of Mr. Haſtings, which ſeemed to tranſcend the latter, and overleap the former;—and of this kind was the letter to the Nabob, which was diſpatched on this occaſion. To rebuke Mr. Middleton for his Moderation, as was inſtantly done, was eaſily performed through the medium of a public and a private letter.—But to write to the Nabob in ſuch a manner that the command might be conveyed, and yet the letter afterwards ſhewn to the world, was a taſk of more difficulty; but which it appeared by the event was admirably ſuited to the genius of Mr. Haſtings. His letter was dated the Fifteenth of February 1782, though the Jaghires had been then actually ſeized—and it was in proof that it had been ſent at a much earlier period. He there aſſured the Nabob of his coincidence with his wiſhes reſpecting the Reſumption of the Jaghires—he declares that if he found any difficulty in the meaſure—he, Mr. Haſtings, would go to his aſſiſtance in perſon, and lend his aid to puniſh thoſe who oppoſed it—‘"for that nothing could be more ardent than his friendſhip, or more eager than his zeal for his welfare."’ The moſt deſperate intention was cloathed in the mildeſt language—but the Nabob knew by ſad experience the character with whom he had to deal, and therefore was not to be deceived; he ſaw the Dagger gliſtening in the hand which was treacherouſly extended, as if to his Aſſiſtance—and from that moment the laſt faint Ray of Nature expired in his Boſom. Mr. Middleton, from that time extended his Iron Sceptre without Reſiſtance—the Jaghires were ſeized, every meaſure was carried, and the Nabob, his Feelings wounded, and his Dignity degraded, was no longer conſidered as an object of Regard.—Though theſe were circumſtances exaſperating to the human heart, which felt the ſmalleſt remains of ſenſibility, yet it was neceſſary, in idea, to review the whole from the time that this treachery was firſt conceived, to that when by a ſeries of artifices the moſt execrable, it was brought to a completion. Mr. Haſtings would there be ſeen ſtanding aloof indeed, but not inactive in the war! He would be diſcovered reviewing his agents, rebuking at one time the pale conſcience of Mr. Middleton, and at another relying on the ſtouter villainy of Hyder Beg Cawn. With all the calmneſs of veteran delinquency, his eye ranged through the buſy proſpect, piercing through the darkneſs of ſubordinate guilt, and arranging, with congenial adroitneſs the agents of his Crimes and the inſtruments of his Cruelty.

The feelings of the ſeveral parties at the time would be moſt properly judged of, by their reſpective [23] correſpondence. When the Bhow Begum, deſpairing of redreſs from the Nabob, addreſſed herſelf to Mr. Middleton, and reminded him of the Guarantee which he had ſigned, ſhe was inſtantly promiſed that the amount of her Jaghire ſhould be made good, though Mr. Middleton ſaid he could not interfere with the ſovereign deciſion of the Nabob reſpecting the lands. The deluded and unfortunate woman ‘"thanked God that Mr. Middleton was at hand for her relief;"’ at the very inſtant when he was directing every effort to her deſtruction;—when he had actually written the orders which were to take the collection out of the hands of her agents! Even when the Begum was undeceived—when ſhe found that Britiſh faith was no protection, when ſhe found that ſhe ſhould leave the country, and prayed to the God of nations not to grant his peace to thoſe who remained behind;—there was ſtill no charge of rebellion, no re-crimination made to all her reproaches for the broken faith of the Enliſh. Even when ſtung to madneſs, ſhe aſked ‘"how long would be their reign;"’ no mention of her diſaffection was brought forward; the ſtreſs was therefore idle, which the counſel for the priſoner ſtrove to lay on theſe expreſſions of an injured and enraged woman.—When at laſt irritated beyond bearing, ſhe denounced INFAMY on the heads of her Oppreſſors, who was there who would not ſay that ſhe ſpoke in a prophetic ſpirit, and that what ſhe had then predicted had not, even to its laſt letter, been accompliſhed! But did Mr. Middleton even to this violence, retort any particle of accuſation? No; he ſent a jocoſe reply, ſtating that he had received ſuch a letter under her ſeal, but that from its Contents he could not ſuſpect it to come from her, and begging therefore that ſhe might endeavour to detect the Forgery!—Thus did he add to foul injuries, the vile aggravation of a brutal Jeſt;—like the Tigers that prowl over the Scene where his Ravages were committed, he ſhewed the ſavageneſs of his Nature, by grinning over his Prey, and fawning over the laſt Agonies of his unfortunate Victim.

Thoſe letters were then encloſed to the Nabob, who no more than the reſt, made any attempt to juſtify himſelf by imputing any criminality to the Begums. He only ſighed a Hope, that his Conduct to his Farents had drawn no ſhame upon his head; and declaredhis intention to puniſh.—not any diſaffection in the Begums—but ſome officious ſervants who had dared to ferment the miſunderſtanding between them and the Nabob.—A letter was finally ſent to Mr. Haſtings, about ſix days before the Seizure of the Treaſure from the Begums, declaring their innocence, and referring the Governor General to Captain Gordon, whoſe life they had protected, and whoſe ſafety ſhould have been their juſtification. That Enquiry was never made; it was looked on as unneceſſary,—becauſe the conviction of their innocence was too deeply impreſſed!

The Council in recommending an attention to the Public, in preference to the Privae letters, had remarked in particular, that one letter ſhould not be taken as evidence, becauſe it was evidently and abſtractedly private, as it contained in one part, the anxieties of Mr. Middleton, for the illneſs of his ſon.—This was a ſingular argument indeed. The circumſtance undoubtedly merited ſtrict obſervation, though not in the view in which it was placed by the Counſel.—It went to ſhew that ſome at leaſt of thoſe concerned in theſe tranſactions, felt the force of thoſe ties, which their efforts were directed to tear aſunder.—that thoſe who could ridicule the reſpective attachment of a MOTHER and a SON, who would prohibit the reverence of the Son to the Mother, who had given him life,—who could deny to maternal debility the protection which filial tenderneſs ſhould afford:—were yet ſenſible of the ſtraining of thoſe chords, by which they were connected.—There was ſomething in the preſent buſineſs, [24] with all that was horrible to create averſion,—ſo vilely loathſome, as to excite Diſguſt;—if it were not a part of his duty it would be ſuperfluous to ſpeak of the ſacredneſs of the ties which thoſe aliens to feeling—thoſe Apoſtates to Humanity had thus divided.—In ſuch an Aſſembly, ſaid Mr. Sheridan, as that before which I ſpeak, there is not an eye but muſt look reproof to this conduct—not a heart but moſt anticipate its condemnation.—FILIAL PIETY! It is the primal bond of Society—it is the SACRAMENT of our EXISTENCE. It is almoſt an innate principle, which ſtarts unbidden to our lip, which conſults not our Memory, nor awaits our Reaſon.—It is a GRATITUDE implanted for a thouſand wakeful cares—a thouſand nameleſs ſolicitudes; for theſe attentions, which not being remembered, are the more entitled to our Gratitude, as having been exerciſed at a time when the dawning Reaſon could not obſerve, nor the in [...]ant Memory record. It is a ſenſation, twined in the heart's inmoſt core, and coeval with our earlieſt ſenſe of exiſtence.—Thoſe who violated this ſolemn covenant, muſt at the inſtant have ſtood convicted to themſelves;—the ſlow-judging formalities of the law are ſuperfluous—they are returned as GUILTY by the general verdict of mankind!"

The Jaghires being ſeized, Mr. Sheridan proceeded to obſerve, the Begums were left without the ſmalleſt ſhare of that pecuniary compenſation promiſed by Mr. Middleton; and as when tyranny and injuſtice take the field, they are always attended by their camp-followers, paltry pilfering, and petty inſult—ſo in this inſtance, the goods taken from them were ſold at a mock ſale at inferior value. Even gold and jewels, to uſe the language of the Begums, inſtantly loſt their value when it was known that they came from them! Their Miniſters were therefore impriſoned to extort the deficiency which this fraud had occaſioned; and thoſe mean arts were employed to juſtify a continuance of cruelty; yet theſe again were little to the frauds of Mr. Haſtings. After extorting upwards of 600,000l. he forbade Mr. Middleton to come to a concluſive ſettlement.—He knew that the Treaſons of our Allies in India had their origin ſolely in the wants of the Company. He could not therefore ſay that the Begums were entirely innocent, until he had conſulted the general Record of Crimes—in the Caſh Account at Calcutta!—And this prudence of Mr. Haſtings was fully juſtified by the event—for there was actually found a balance of Twenty-ſix lacks more, againſt the Begums, which 260,000l. worth of Treaſon, had never been dreamt of before. ‘"Talk not to us,"’ ſaid the Governor General, of their Guilt or Innocence, but as it ſuits the Company's Credit! We will not try them by the Code of Juſtinian, nor the Inſtitutes of Timur—we will not judge them either by the Britiſh Laws, or their local Cuſtoms! No! We will try them by the Multiplication Table, we will find them guilty by the Rule of Three, and we will condemn them according to the ſapient and profound Inſtitutes of—COCKER's Arithmetic!

Proceeding next to ſtate the diſtreſſes of the Begums in the Zenana, and of the women in the Khord Mahal, Mr. Sheridan remarked, that ſome obſervation was due to the remark made by Mr. Haſtings in his Defence, where he declared—" that whatever were the diſtreſſes there, and whoever was the agent, the Meaſure was in his opinion reconcileable to Juſtice, Honor, and ſound Policy. Major Scott—the incomparable Agent of Mr. Haſtings had declared this paſſage to have been written by Mr. Haſtings, with his own hand.—Then Mr. Middleton, it appeared, had avowed his ſhare in thoſe humane tranſactions, and bluſhingly retired. Mr. Haſtings then cheered his drooping Spirits.—‘"Whatever part of the load, ſaid he, yours cannot bear, my unburdened character ſhall aſſume. I will crown your labours with my irreſiſtible approbation—then we twin-warriors ſhall go forth—do you find Memory, and I'll find Character—and aſſault, repulſe, and contumely ſhall all be ſet at defiance!"’

[25] If I could not prove, continued Mr. Sheridan that thoſe Acts of Mr. Middleton were in reality the Acts of Mr. Haſtings, I ſhould not trouble your Lordſhips by combating theſe Aſſertions; but as that part of his criminality can be inconteſtibly aſcertained,—I ſhall undoubtedly appeal to the aſſembled Legiſlators of this Realm, and call on them to ſay, whether thoſe Acts were juſtifiable on the ſcore of Policy;—I ſhall appeal to all the auguſt Preſidents in the Courts of Britiſh Juſtice, and to all the learned Ornaments of the Profeſſion to decide whether theſe Actions were reconcileable to Juſtice;—I ſhall appeal to a reverend Aſſemblage of Prelates feeling for the general intereſts of Humanity, and for the honor of the Religion to which they belong; let them determine in their own minds whether thoſe Acts of Mr. Haſtings, and Mr. Middleton, were ſuch a Chriſtian ought to perform, or a Man to avow!

He then proceeded to relate the circumſtances of the Impriſonment of Bahar Ally Cawn, and Jewar Ally Cawn, the Miniſter of the Nabob, on the grounds above ſtated: With them was confined, that Arch-rebel Sumpſhier Cawn, by whom every act of hoſtility, that had taken place againſt the Engliſh, was ſtated to have been committed.—No enquiry, however, was made concerning his Treaſon, though many been held reſpecting the Treaſure of the others. He was not ſo far noticed as to be deprived of his food; nor was he even complimented with fetters! and yet when he is on a future day to be informed of the Michiefs he was now ſtated to have done, he muſt think that on being forgotten, he had a very providential eſcape!—The others were, on the contrary, taken from their milder Priſon at Fyzabad; and when threats could effect nothing, transferred by the meek humanity of Mr. Middleton to the Fortreſs of Chunargur. There, where the Britiſh Flag was flying, they were doomed to deeper dungeons, heavier chains, and ſeverer puniſhments. Three where that Flag was diſplayed, which was wont to chear the depreſſed, and to dilate the ſubdued heart of miſery—theſe venerable, but unfortunate men, were fated to encounter ſomething lower than PERDITION, and ſomething blacker than DESPAIR! It appeared from the evidence of Mr. Holt and others, that they were both cruelly flogged, tho' one was above ſeventy years of age, to extort a Confeſſion of the buried Wealth of the Begums!—Being charged with a Diſaffection; they proclaimed their innocence;—‘"tell us where are the remaining Treaſures, was the reply—it is only a treachery to your immediate Sovereigns:—and you will then be fit aſſociates for the repreſentatives of Britiſh Faith and Britiſh Juſtice in India!"’‘"Oh! FAITH, Oh JUSTICE! exclaimed Mr. Sheridan, I conjure you by your ſacred names to depart for a moment from this Place, though it be your peculiar Reſidence; nor hear your Names profaned, by ſuch a ſacrilegious Combination, as that which I am now compelled to repeat!"’

It might have been hoped, for the honor of the human heart, that the Begums had been themſelves exempted from a ſhare in theſe ſufferings, and that they had been wounded only through the ſides of their Miniſters.—The reverſe of this, however, was the fact.—Their Palace was ſurrounded by a guard, which was withdrawn by Major Gilpin, to avoid the growing reſentments of the people, and replaced by Mr. Middleton, thro' his fears from that ‘"dreadful reſponſibility"’ which was impoſed on him by Mr. Haſtings.—The Women of the Khord Mahal, who had not been involved in the Begum's ſuppoſed crimes; who had raiſed no ſub-rebellion of their own, and who it had been proved, lived in a diſtinct dwelling, were cauſeleſsly involved in the ſame puniſhment; their Reſidence ſurrounded with guards, they were driven to deſpair by famine, and when they poured forth in ſad proceſſion, were driven back by the ſoldiery, and beaten with Bludgeons to the ſcene of Madneſs, which they had quitted. Thoſe were acts, Mr. Sheridan obſerved, which, [26] when told, needed no Comment; he ſhould not offer a ſingle ſyllable to awaken their Lordſhip's feelings; but leave it to the facts which had been proved, to make their own impreſſions.

The argument now reverted ſolely to this point, whether Mr. Haſtings was to be anſwerable for the crimes committed by his agents? It had been fully proved that Mr. Middleton had ſigned the treaty with the ſuperior Begum in October, 1778. He had acknowledged ſigning ſome others of other dates, but could not recollect his authority. Theſe treaties had been fully recognized by Mr. Haſtings, as was fully proved by the evidence of Mr. Purling, in the year 1780. In that of Oct. 1778, the Jaghire was ſecured, which was allotted for the ſupport of the women in the Khord Mahal: on the firſt idea of reſuming thoſe Jaghires a proviſion ſhould have been ſecured to theſe unfortunate women, and in this reſpect Mr. Haſtings was clearly guilty of a Crime, by his Omiſſion of making ſuch proviſion. But ſtill he pleaded, that he was not accountable for the Cruelties which had been exerciſed. This was the Plea which TYRANNY aided by its prime miniſter, Treachery, was always ſure to ſet up. Mr. Middleton had attempted to ſtrengthen this plea, by endeavouring to claim the whole Infamy of thoſe tranſactions, and to monopolize the Guilt! He dared even to aver that he had been condemned by Mr. Haſtings for the ignominious part he had acted;—he dared to avow this, becauſe Mr. Haſtings was on his Trial, and he thought he ſhould never be tried;—but in the face of the Court, and before he left the Bar, he was compelled to confeſs that it was for the lenience, not the ſeverity of his Proceedings that he had been reproved by Mr. Haſtings.

It would not, he truſted, be argued, that becauſe Mr. Haſtings had not marked every paſſing ſhade of guilt, and becauſe he had only given the bold outline of Cruelty, that he was therefore to be acquitted.—It was laid down by the law of England—that law which was the perfection of Reaſon,—that a Perſon ordering an Act to be done by his Agent, was anſwerable for that act with all his conſequences. Middleton had been appointed in 1777, the avowed and private Agent—the ſecondſelf of Mr. Haſtings. The Governor General had ordered the meaſure: Middleton declared that it could not have been effected by milder means. If he never ſaw, nor heard afterwards of the conſequences of the meaſure, he was anſwerable therefore for every pang that was inflicted, and for all the blood that was ſhed. But he had heard, and that inſtantly of the whole. He had written to arraign Middleton of forbearance and of neglect!—He commanded them to work upon their hopes and fears, and to leave no means untried, until—to ſpeak their own language, but which would be better ſuited to the Banditti of a Cavern‘"they obtained poſſeſſion of the ſecret hoards of the old Ladies."’—He would not allow even of a delay of two days to ſmooth the compelled approaches of a SON to his MOTHER, on ſuch an occaſion!—His orders were peremptory;—and if a maſſacre did not take place, it was the merit of accident—and not of Mr. Haſtings.—After this would it be ſaid, that the priſoner was ignorant of the acts, or not culpable for their conſequences? It was true, he had not enjoined in ſo many words the Guards, the Famine, and the Bludgeons: he had not weighed the fetters, nor numbered the laſhes to be inflicted on his victims. But yet he was equally guilty as if he had borne an active and perſonal ſhare in each tranſaction. It was, as if he had commanded that the heart ſhould be torn from the boſom, and yet had enjoined that no blood ſhould follow. He was in the ſame degree accountable to the Law, to his Country, to his Conſcience and to his GOD!

Mr. Haſtings had endeavoured alſo to get rid of a part of his Guilt, by obſerving that he was but [27] one of the Supreme Council, and that all the reſt had ſanctioned thoſe tranſactions with their approbation. If Mr. Haſtings could prove, however, that others participated in the Guilt, it would not tend to diminiſh his own Criminality. But the fact was, that the Council had in nothing erred ſo much as in a criminal Credulity given to the declarations of the Governor General. They knew not a word of thoſe tranſactions until they were finally concluded.—It was not until the January following, that they ſaw the Maſs of Falſhood which had been publiſhed under the title of ‘"Mr. Haſtings' Narrative."’ They had been then unaccountably duped into the ſuffering a Letter to paſs, dated the 29th of November, intended to deceive the Directors into a belief, that they had received intelligence at that time, which was not the fact.—Theſe Obſervations, Mr. Sheridan ſaid, were not meant to caſt any obloquy on the Council;—they had undoubtedly been deceived, and the deceit practiſed on them by making them ſign the Narrative, was of itſelf a ſtrong accuſation of Mr. Haſtings, and a decided proof of his own Conſciouſneſs of Guilt. When tired of corporal Infliction, his Tyranny was gratified by inſulting the underſtanding. Other Tyrants, tho' born to greatneſs, ſuch as a NERO, or CALIGULA, might have been rouſed, it had been ſuppoſed, by reflection, and awakened into contrition;—but here was an inſtance which ſpurned at Theory, and baffled ſuppoſition; a man born to a ſtate at leaſt of equality; inured to calculation and brought up in habits of reflection;—and yet proving in the end that Monſter in Nature, a deliberate and reaſoning Tyrant!

The Board of Directors received thoſe advices which Mr. Haſting's thought proper to tranſmit, but though unfurniſhed with any other materials to form their judgment, they expreſſed very ſtrongly their doubts, and as properly ordered an Enquiry into the circumſtances of the alledged Diſaffection of of the Begums; pronouncing it at the ſame time a Debt which was due to the Honor and Juſtice of the Britiſh Nation.—This enquiry however on the Directions reaching India, Mr. Haſtings thought it abſolutely neceſſary to elude.—He ſtated to the Council, that it being merely ſtated that ‘"IF on enquiry, certain facts appeared,"’ no enquiry was thereby directly enjoined!—‘"It would revive (he ſaid) thoſe animoſities that ſubſiſted between the Begums and the Vizier, which had then ſubſided;—if the former were inclined to appeal to a foreign juriſdiction, they were the beſt judges of their own feeling, and ſhould be left to make their own complaint."’—All this, however, was nothing to the magnificent paragraph which concluded this Minute, and to which Mr. Sheridan alſo requeſted the attention of the Court.—‘"Beſide, ſaid Mr. Haſtings, I hope it will not be a departure from official language to ſay—that the MAJESTY of JUSTICE ought not to be approached without ſolicitation: ſhe ought not to deſcend to enflame or provoke, but to with-ho'd her judgment, until ſhe is called on to determine!"’ What was ſtill more aſtoniſhing, was that Sir John Macpherſon, who had before oppoſed Mr. Haſtings, was caught by this bold bombaſtic quibble, and rejoined in the ſame words, ‘"that the MAJESTY of JUSTICE, ought not to be approached, without ſolicitation!"’

‘"But my Lords, continued Mr. Sheridan, I rely on the Judgment of your Lordſhips for a very different opinion. I hear you already call on me to turn from the ill-ſhaped Pagod,—from the monſtrous Idol, which this bold Man at your Bar, has thus ſet up, and to which he has dared to give the appellation of JUSTICE;—I hear you command me to turn from the debaſed Caricature, to contemplate the figure of JUSTICE, where ſhe ſits in her more dignified form, and her more auguſt Tribunal,—HERE;—to a Juſtice commanding, yet not rigorous; efficient, yet not ſanguinary:—to a Juſtice, active and regardful, yet without [28] without reſtleſsneſs or ſuſpicion;—to a JUSTICE, whoſe lovelieſt attribute appears in ſtooping to raiſe the oppreſſed, and to bind up the wounds of the afflicted.—To that JUSTICE I now make my confident appeal,—in a Cauſe the moſt important to the intereſts of Humanity that has been ever brought to a deciſion,—in a cauſe, where, though the injuries were widely extended, the joyous and reverberant murmurs of redreſs, would reach to a circle ſtill more enlarged.—I will not therefore adjure your Lordſhips to diſmiſs every thing like party motives on this occaſion, as I well know that ſo perverſe a bias cannot poſſibly intrude on your deciſion—But I will conjure you, by the dignity of your ſeveral characters: I will conjure you by the auguſt ſolemnity of this high tribunal; I will conjure by that ſacred tie of houor to which you will appeal, when laying your hands on your boſoms you give the important judgment—to weigh well the Evidence which we have ſubmitted to you. Let not Quibbles on words do away the force of Fact—Let but the Truth appear, and our Cauſe is gained.—MY LORDS—I HAVE DONE."’

When Mr. Sheridan had concluded the admiration of his Auditors was too great for ſilent approbation. It unanimouſly burſt forth in a tumult of applauſe, which the recollection of the ſcene as inſtantly ſuppreſſed.—It was a tribute of Feeling to GENIUS, ſuch as Form could not conſtrain, no inferior Conſideration ſubdue.

The Court immediately roſe, and adjourned to the firſt TUESDAY, in the next Seſſion of Parliament.

FINIS.
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TextGrid Repository (2020). TEI. 5479 The speech of R B Sheridan Esq on summing up the second charge against Warren Hastings Esq Before the High Court of Parliament in Westminster Hall Tuesday June 3 1788 and three subsequent d. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-5CA9-F