Volume 12 — SPEECH IN GENERAL REPLY. NINTH DAY: MONDAY, JUNE 16, 1794. (continued 2)

It is the first act of the kind that ever was made in this kingdom, the first statute, I believe, that ever was made by the legislature of any nation, upon the subject; and it was made solely upon the resolutions to which we had come against the violent, intemperate, unjust, and perfidious acts of this man at your Lordships' bar, and which acts are now produced before your Lordships as merits.

To show further to your Lordships how necessary this act was, here is a part of his own correspondence, the last thing I shall beg to read to your Lordships, and upon which I shall make no other comment than that you will learn from it how well British faith was kept by this man, and that it was the violation of British faith which prevented our having the most advantageous peace, and brought on all the calamities of war. It is part of a letter from the minister of the Rajah of Berar, a man called Benaram Pundit, with whom Mr. Hastings was at the time treating for a peace; and he tells him why he might have had peace at that time, and why he had it not,—and that the cause of it was his own ridiculous and even buffoonish perfidiousness, which exposed him to the ridicule of all the princes of India, and with him the whole British nation.

"But afterwards reflecting that it was not advisable for me to be in such haste before I had fully understood all the contents of the papers, I opened them in the presence of the Maha Rajah, when all the kharetas, letters, copies, and treaties were perused with the greatest attention and care. First, they convinced us of your great truth and sincerity, and that you never, from the beginning to this time, were inclined to the present disputes and hostilities; and next, that you have not included in the articles of the treaty any of your wishes or inclinations; and in short, the garden of the treaty appeared to us, in all its parts, green and flourishing: but though the fruit of it was excellent yet they appeared different from those of Colonel Upton's treaty, (the particulars of which I have frequently written to you,) and, upon tasting them, proved to be bitter and very different, when compared to the former articles. How can any of the old and established obligations be omitted, and new matters agreed to, when it is plain that they will produce losses and damages? Some points which you have mentioned, under the plea of the faith and observance of treaties, are of such a nature that the Poonah ministers can never assent to them. In all engagements and important transactions, in which the words but, and although, and besides, and whereas, and why, and other such words of doubt, are introduced, it gives an opening to disputes and misunderstandings. A treaty is meant for the entire removal of all differences, not for increase of them. My departure to Poonah has therefore been delayed."

My Lords, consider to what ironies and insults this nation was exposed, and how necessary it was for us to originate that bill which your Lordships passed into an act of Parliament, with his Majesty's assent. The words but, although, besides, whereas, and why, and such like, are introduced to give an opening, and so on. Then he desires him to send another treaty, fit for him to sign.

"I have therefore kept the treaty with the greatest care and caution in my possession, and, having taken a copy of it, I have added to each article another, which appeared to me proper and advisable, and without any loss or disadvantage to the English, or anything more in favor of the Pundit Purdhaun than what was contained in the former treaties. This I have sent to you, and hope that you will prepare and send a treaty conformable to that, without any besides, or if, or why, or but, and whereas, that, as soon as it arrives, I may depart for Poonah, and, having united with me Row Mahdajee Sindia, and having brought over the Nabob Nizam ul Dowlah to this business, I may settle and adjust all matters which are in this bad situation. As soon as I have received my dismission from thence, I would set off for Calcutta, and represent to you everything which for a long while I have had on my mind, and by this transaction erect to the view of all the world the standard of the greatness and goodness of the English and of my master, and extinguish the flames of war with the waters of friendship. The compassing all these advantages and happy prospects depends entirely upon your will and consent; and the power of bringing them to an issue is in your hands alone."

My Lords, you may here see the necessity there was for passing the act of Parliament which I have just read to you, in order to prevent in future the recurrence of that want of faith of which Mr. Hastings had been so notoriously guilty, and by which he had not only united all India against us, and had hindered us from making, for a long time, any peace at all, but had exposed the British character to the irony, scorn, derision, and insult of the whole people of that vast continent.

My Lords, in the progress of this impeachment, you have heard our charges; you have heard the prisoner's plea of merits; you have heard our observations on them. In the progress of this impeachment, you have seen the condition in which Mr. Hastings received Benares; you have seen the condition in which Mr. Hastings received the country of the Rohillas; you have seen the condition in which he received the country of Oude; you have seen the condition in which he received the provinces of Bengal; you have seen the condition of the country when the native government was succeeded by that of Mr. Hastings; you have seen the happiness and prosperity of all its inhabitants, from those of the highest to those of the lowest rank. My Lords, you have seen the very reverse of all this under the government of Mr. Hastings,—the country itself, all its beauty and glory, ending in a jungle for wild beasts. You have seen flourishing families reduced to implore that pity which the poorest man and the meanest situation might very well call for. You have seen whole nations in the mass reduced to a condition of the same distress. These things in his government at home. Abroad, scorn, contempt, and derision cast upon and covering the British name, war stirred up, and dishonorable treaties of peace made, by the total prostitution of British faith. Now take, my Lords, together, all the multiplied delinquencies which we have proved, from the highest degree of tyranny to the lowest degree of sharping and cheating, and then judge, my Lords, whether the House of Commons could rest for one moment, without bringing these matters, which have baffled all legislation at various times, before you, to try at last what judgment will do. Judgment is what gives force, effect, and vigor to laws; laws without judgment are contemptible and ridiculous; we had better have no laws than laws not enforced by judgments and suitable penalties upon delinquents. Revert, my Lords, to all the sentences which have heretofore been passed by this high court; look at the sentence passed upon Lord Bacon, look at the sentence passed upon Lord Macclesfield; and then compare the sentences which your ancestors have given with the delinquencies which were then before them, and you have the measure to be taken in your sentence upon the delinquent now before you. Your sentence, I say, will be measured according to that rule which ought to direct the judgment of all courts in like cases, lessening it for a lesser offence, and aggravating it for a greater, until the measure of justice is completely full.

My Lords, I have done; the part of the Commons is concluded. With a trembling solicitude we consign this product of our long, long labors to your charge. Take it!—take it! It is a sacred trust. Never before was a cause of such magnitude submitted to any human tribunal.

My Lords, at this awful close, in the name of the Commons, and surrounded by them, I attest the retiring, I attest the advancing generations, between which, as a link in the great chain of eternal order, we stand. We call this nation, we call the world to witness, that the Commons have shrunk from no labor, that we have been guilty of no prevarication, that we have made no compromise with crime, that we have not feared any odium whatsoever, in the long warfare which we have carried on with the crimes, with the vices, with the exorbitant wealth, with the enormous and overpowering influence of Eastern corruption. This war, my Lords, we have waged for twenty-two years, and the conflict has been fought at your Lordships' bar for the last seven years. My Lords, twenty-two years is a great space in the scale of the life of man; it is no inconsiderable space in the history of a great nation. A business which has so long occupied the councils and the tribunals of Great Britain cannot possibly be huddled over in the course of vulgar, trite, and transitory events. Nothing but some of those great revolutions that break the traditionary chain of human memory, and alter the very face of Nature itself, can possibly obscure it. My Lords, we are all elevated to a degree of importance by it; the meanest of us will, by means of it, more or less become the concern of posterity,—if we are yet to hope for such a thing, in the present state of the world, as a recording, retrospective, civilized posterity: but this is in the hands of the great Disposer of events; it is not ours to settle how it shall be.

My Lords, your House yet stands,—it stands as a great edifice; but let me say, that it stands in the midst of ruins,—in the midst of the ruins that have been made by the greatest moral earthquake that ever convulsed and shattered this globe of ours. My Lords, it has pleased Providence to place us in such a state that we appear every moment to be upon the verge of some great mutations. There is one thing, and one thing only, which defies all mutation,—that which existed before the world, and will survive the fabric of the world itself: I mean justice,—that justice which, emanating from the Divinity, has a place in the breast of every one of us, given us for our guide with regard to ourselves and with regard to others, and which will stand, after this globe is burned to ashes, our advocate or our accuser before the great Judge, when He comes to call upon us for the tenor of a well-spent life.

My Lords, the Commons will share in every fate with your Lordships; there is nothing sinister which can happen to you, in which we shall not be involved: and if it should so happen that we shall be subjected to some of those frightful changes which we have seen,—if it should happen that your Lordships, stripped of all the decorous distinctions of human society, should, by hands at once base and cruel, be led to those scaffolds and machines of murder upon which great kings and glorious queens have shed their blood, amidst the prelates, amidst the nobles, amidst the magistrates who supported their thrones, may you in those moments feel that consolation which I am persuaded they felt in the critical moments of their dreadful agony!

My Lords, there is a consolation, and a great consolation it is, which often happens to oppressed virtue and fallen dignity. It often happens that the very oppressors and persecutors themselves are forced to bear testimony in its favor. I do not like to go for instances a great way back into antiquity. I know very well that length of time operates so as to give an air of the fabulous to remote events, which lessens the interest and weakens the application of examples. I wish to come nearer to the present time. Your Lordships know and have heard (for which of us has not known and heard?) of the Parliament of Paris. The Parliament of Paris had an origin very, very similar to that of the great court before which I stand; the Parliament of Paris continued to have a great resemblance to it in its constitution, even to its fall: the Parliament of Paris, my Lords, WAS; it is gone! It has passed away; it has vanished like a dream! It fell, pierced by the sword of the Comte de Mirabeau. And yet I will say, that that man, at the time of his inflicting the death-wound of that Parliament, produced at once the shortest and the grandest funeral oration that ever was or could be made upon the departure of a great court of magistracy. Though he had himself smarted under its lash, as every one knows who knows his history, (and he was elevated to dreadful notoriety in history,) yet, when he pronounced the death sentence upon that Parliament, and inflicted the mortal wound, he declared that his motives for doing it were merely political, and that their hands were as pure as those of justice itself, which they administered. A great and glorious exit, my Lords, of a great and glorious body! And never was a eulogy pronounced upon a body more deserved. They were persons, in nobility of rank, in amplitude of fortune, in weight of authority, in depth of learning, inferior to few of those that hear me. My Lords, it was but the other day that they submitted their necks to the axe; but their honor was unwounded. Their enemies, the persons who sentenced them to death, were lawyers full of subtlety, they were enemies full of malice; yet lawyers full of subtlety, and enemies full of malice, as they were, they did not dare to reproach them with having supported the wealthy, the great, and powerful, and of having oppressed the weak and feeble, in any of their judgments, or of having perverted justice, in any one instance whatever, through favor, through interest, or cabal.

My Lords, if you must fall, may you so fall! But if you stand,—and stand I trust you will, together with the fortune of this ancient monarchy, together with the ancient laws and liberties of this great and illustrious kingdom,—may you stand as unimpeached in honor as in power! May you stand, not as a substitute for virtue, but as an ornament of virtue, as a security for virtue! May you stand long, and long stand the terror of tyrants! May you stand the refuge of afflicted nations! May you stand a sacred temple, for the perpetual residence of an inviolable justice!