Volume 12 — SPEECH IN GENERAL REPLY. SEVENTH DAY. THURSDAY, JUNE 12, 1794.

My Lords,—When I had last the honor of addressing your Lordships from this place, my observations were principally directed to the unjust confiscation and seizure of the jaghires and treasures of the Begums, without previous accusation, or trial, or subsequent inquiry into their conduct, in violation of a treaty made with them and guarantied by the East India Company,—to the long imprisonment and cruel treatment of their ministers, and to the false pretences and abominable principles by which the prisoner at your bar has attempted to justify his conduct. The several acts of violence and of oppression were, as we have shown your Lordships, committed with circumstances of aggravated atrocity highly disgraceful to the British name and character,—and particularly by his forcing the Nabob to become the means and instrument of reducing his mother and grandmother and their families to absolute want and distress.

I have now to call your attention to his treatment of another branch of this miserable family,—the women and children of the late Nabob Sujah ul Dowlah. These persons were dependent upon the Begums, and by the confiscation of their property, and by the ruin of various persons who would otherwise have contributed to their maintenance, were reduced to the last extremity of indigence and want. Being left without the common necessaries of life, they were driven to the necessity of breaking through all those local principles of decorum which constitute the character of the female sex in that part of the world; and after fruitless supplications and shrieks of famine, they endeavored to break the inclosure of the palace, and to force their way to the market-place, in order to beg for bread. When they had thus been forced to submit to the extremity of disgrace and degradation, by exposing themselves to public view with the starving children of their late sovereign, the brothers and sisters of the reigning prince, they were, in this attempt, attacked by the sepoys armed with bludgeons, and driven back by blows into the palace.

My Lords, we have first laid before you the sufferings and disgraces of women of the first distinction in Asia, protected by their rank, protected by their sex, protected by their near relation to the prince of the country, protected by two guaranties of the representative of the British government in India. We now come to another class of women, who suffered by the violent misappropriation of the revenues of the Nabob, by which their regular allowance was taken from them; and your Lordships will find that this man's crimes, at every step we take, ripen in guilt, his acts of positive injustice are always aggravated by his conduct with regard to the consequences of them, and form but a small part in the mass of oppression and tyranny which we have brought before you.

My Lords, the unjust seizure of the jaghires and treasures of the Begums, out of which those women were maintained, reduced them to a state of indigence, and exposed them not only to the sufferings which belong to the physical nature of man, but also to the indignities which particularly affected their sex and condition. But before I proceed, I will beg leave to restate to your Lordships and recall to your memory who these women were.

The Nabob Sujah Dowlah had but one legitimate wife. Though the Mahometan law admits of this number's being extended in certain cases even to four, yet it is for the most part held disreputable, especially when a person is married to a woman of the first distinction, to have more than one legitimate wife. Upon looking into the Hedaya, your Lordships will see with what extreme rigor fornication is forbidden; but we know that persons of high rank, by customs that supersede both religion and laws, add to the number of their wives, or substitute in their room wives of a subordinate description, and indulge themselves in this license to an unlimited degree. You will find in Chardin's Travels, where he treats of the subject of marriage, that such is the custom of all the princes of the East. The wives of this subordinate class, though they are in reality no better than concubines, and are subject to the power and caprices of their lords, are yet allowed, in the eye of the severest moralists, to have some excuse for their frailty and their weakness; and they accordingly always do find a degree of favor in this world, and become the object of particular protection.

We know that Sujah ul Dowlah was a man unquestionably in his manners very licentious with regard to women, that he had a great number of these women in his family, and that his women and the women attendant upon the persons of his favorites had increased to a very great number. We know that his sons amounted to twenty,—or, according to Mr. Hastings's own account, to nineteen. Montesquieu supposes that there are more females born in the East than in the West. But he says this upon no good ground. We know by better and more regular information concerning this matter, that the birth of males and females in that country is in the same proportion as it is here; and therefore, if you suppose that he had twenty sons, you may suppose he had about nineteen daughters. By the customs of that country, all these sons and daughters were considered as persons of eminent distinction, though inferior to the legitimate children,—assuming the rank of their father, without considering the rank which their mother held. All these wives with their children, and all their female servants and attendants, amounting in the whole to about eight hundred persons, were shut up in what they call the Khord Mohul, or Lesser Palace. This place is described by one of the witnesses to be about as large as St. James's Square. Your Lordships have been told, that, in other circumstances as well as this, these women were considered as objects of a great degree of respect, and of the greatest degree of protection. I refer your Lordships to the treaty by which their maintenance was guarantied by the English government.

In order to let your Lordships see that I state nothing to you but what is supported not only by general history, which is enough to support an account of general manners, but by the particular and peculiar opinions of a person best informed of the nature of the case, I will refer you to the Nabob himself: for, undoubtedly, the Nabob of Oude, the Vizier of the Empire, the Subahdar of the country, was most likely to be the best judge of what respect was due to the women of his father's family. I will therefore read to your Lordships, from his own letters, what the Nabob's opinion was upon this subject.

Extract of a Letter from the Vizier, received 23d of August, 1782.

"I never found resource equal to the necessary expenses. Every year, by taking from the ministers, and selling the articles of my harkhanna, I with great distress transacted the business. But I could not take care of my dependants: so that some of my brothers, from their difficulties, arose and departed; and the people of the Khord Mohul of the late Nabob, who are all my mothers, from their distresses are reduced to poverty and involved in difficulties. No man of rank is deficient in the care of his dependants, in proportion to his ability."

Another Letter from the Vizier, received the 31st July, 1784.

"My brother, dear as life, Saadut Ali Khân, has requested that I would permit his mother to go and reside with him. My friend, all the mothers of my brothers, and the women of the late Nabob, whom I respect as my own mothers, are here, and it is incumbent upon me to support them: accordingly I do it; and it is improper that they should be separated, nor do I approve it. By God's blessing and your kindness, I hope that all the women of the late Nabob may remain here; it is the wish also of my grandmother and my mother that they should."

Your Lordships now see in what degree of estimation the Nabob held these women. He regarded the wives of his father as his honorary mothers; he considers their children as his brethren; he thinks it would be highly dishonorable to his government, if one of them was taken out of the sanctuary in which they are placed, and in which, he says, the great of the country are obliged to maintain their dependants. This is the account given by the person best acquainted with the usages of the country, best acquainted with his own duties, best acquainted with his own wishes.

Now, my Lords, you will see in what light another person, the agent of a trading company, who designates himself under the name of Majesty, and assumes other great distinctions, presumes also to consider these persons,—and in what contempt he is pleased to hold what is respected and what is held sacred in that country. What I am now going to quote is from the prisoner's second defence. For I must remind your Lordships that Mr. Hastings has made three defences,—one in the House of Commons, another in the lobby of the House of Commons, and a third at your Lordships' bar. The second defence, though delivered without name, to the members in the lobby of the House of Commons, has been proved at your Lordships' bar to be written by himself. This lobby, this out-of-door defence, militates in some respects, as your Lordships will find, with the in-door defence; but it probably contains the real sentiments of Mr. Hastings himself, delivered with a little more freeness when he gets into the open air,—like the man who was so vain of some silly plot he had hatched, that he told it to the hackney-coachman, and every man he met in the streets.

He says,—"Begums are the ladies of an Eastern prince; but these women are also styled the ladies of the late Vizier, and their sufferings are painted in such strong colors that the unsuspecting reader is led to mix the subjects together, and to suppose that these latter, too, were princesses of Oude, that all their sufferings proceeded from some act of mine, or had the sanction of my authority or permission. The fact is, that the persons of the Khord Mohul (or Little Seraglio) were young creatures picked up wherever youth and beauty could be found, and mostly purchased from amongst the most necessitous and meanest ranks of the people, for the Nabob's pleasures." In the in-door defence, he says, "The said women, who were mostly persons of low condition, and the said children, if any such there were, lived in the Khord Mohul, on an establishment entirely distinct from the said Begums'."

My Lords, you have seen what was the opinion of the Nabob, who ought to know the nature and circumstances of his father's palace, respecting these women; you hear what Mr. Hastings's opinion is: and now the question is, whether your Lordships will consider these women in the same light in which the person does who is most nearly connected with them and most likely to know them, or in the way in which Mr. Hastings has thought proper, within doors and without doors, to describe them. Your Lordships will be pleased to observe that he has brought no proof whatever of facts which are so boldly asserted by him in defiance of proof to the contrary, totally at variance with the letter of the son of the man to whom these women belonged. Your Lordships, I say, will remark that he has produced not one word of evidence, either within the House of Commons or the House of Peers, or in the lobby, or anywhere else, to verify any one word he has said. He slanders these women in order to lessen that compassion which your Lordships might have for the sufferings he inflicted upon them. But admitting that some of these women were of a meaner condition, and that they derived nothing from their connection with the dignity of the person by whom they had children, (and we know that in the whole they amounted to about fourscore children, the Nabob having a race like the patriarchs of old, as many great persons in that part of the world still have,)—supposing, I say, all this to be true, yet, when persons are reduced from ease and affluence to misery and distress, they naturally excite in the mind a greater degree of compassion by comparing the circumstances in which they once stood with those into which they are fallen: for famine, degradation, and oppression were famine, degradation, and oppression to those persons, even though they were as mean as Mr. Hastings chooses to represent them. But I hope, as you will sympathize with the great on account of their condition, that you will sympathize with all mankind on the ground of the common condition of humanity which belongs to us all; therefore I hope your Lordships will not consider the calumny of Mr. Hastings against those women as any other than as an aggravation of his offence against them. That is the light in which the House of Commons considered it; for they had heard both his in-door and out-door defence, and they still persevered in making the charge, and do persevere in making it still.

We have first stated what these women were,—in what light they stood with the Nabob,—in what light they stood with the country at large. I have now to state in what light they stood with the British government, previous to this invasion of their rights; and we will prove they were the actual subjects of a guaranty by the Company.

Extract from an Agreement made by Mr. Middleton, to all the Particulars of which he engages to procure a Treaty from the Nabob Asoph ul Dowlah, after his Arrival, and that he will also sign it, as follows.

"First, That, whenever the Begum shall choose to go to Mecca, she shall be permitted to go.

"Second, That, when the Nabob shall arrive, I [Mr. Middleton] will procure suitable allowances to be made to the ladies of the zenanah and the children of the late Nabob Sujah ul Dowlah, and take care that they are paid.

"Third, That the festivals (shadee) and marriages of the children of the late Nabob Sujah ul Dowlah shall be at the disposal of the Begum: whenever she thinks proper, she shall marry them; and whatever money shall be necessary for these expenses shall be paid by the Nabob.

"Fourth, That the syer of Coda Gunge and Ali Gunge shall be retained by the Begum as heretofore.

"Fifth, That I [Mr. Middleton] will, upon the arrival of the Nabob, procure Vizier Gunge and the garden of Sepoy Dand Khân, or their equivalent, for the Begum.

"Sixth, That I [Mr. Middleton] will endeavor to obtain from the Nabob the sum of 1,150,000 rupees on account of the purchase of Metchee Bohaun, and the house of Sahebjee, and the fort of the Gossim, with the land and garden and the barraderry on the banks of Goomply [Goomty?], and bazaar and garden of the house of Mahnarain and the house of Beng Peofand at Lucknow: all of which the Nabob Asoph ul Dowlah has assumed possession of.

"Seventh, That I will settle with the Nabob the allowances to be made in ready money to the ladies of the zenanah and others specified, in the following amount: Total, 17 lacs 250 rupees per month.

"Eighth, Upon the arrival of the Nabob Asoph ul Dowlah Bahadur, I will endeavor with all my influence to settle the monthly allowances of Mohrum Ali Khân and Mahmud Eltifant Khân, &c., the attendants of the Begums.

"Ninth, That, if the Begum shall go to Mecca, she shall leave her mahals and jaghires to the Begum, the mother of Asoph ul Dowlah, who shall remit the revenues thereof to the Burree Begum: no one shall prevent her enjoying her jaghires."

Now, my Lords, we will read the copy of an engagement under the seal of the Nabob Asoph ul Dowlah, and under the seal and signature, in English, of Mr. Middleton, as follows.

"First, I, who am the Nabob Asoph ul Dowlah Bahadur, do agree that the jaghires and the gunges and monthly allowance of the officers and servants, and of the ladies of the zenanah, and of those specified in the accounts annexed, shall be at the disposal and under the management and authority of the Begum, and no one shall oppose or prevent it: this I will punctually observe. In this agreement Mr. Middleton and the English are engaged.

"Second, Whenever the Begum may choose to go to Mecca, I will not oppose it.

"Third, Whenever the Begum should go to Mecca, she shall leave her lands, jaghires, &c., either in the care of my mother or of me; and I will procure bills for the amount of their revenues, and send them to her: no one shall oppose this.

"Fourth, The Begum shall have authority over all the ladies of her zenanah; she shall let them remain with me, and not let them go anywhere without my permission, or keep them with her.

"Fifth, The jaghires Coda Gunge and Ali Gunge, &c., with the mahal and syer belonging to the Begum and made over, shall remain as heretofore in her possession: Total, 14,460 rupees per month.

"Eighth, The Begum has authority over the ladies and attendants of the zenanah; neither myself nor any one else will oppose it.

"Ninth, The Begum, my grandmother, shall have the authority in all festivals, and in the marriage of the children of the late Nabob Sujah ul Dowlah, and, with the consent of my mother and myself, shall regulate them: excepting in the festivals (shadee), the authority is mine.

"The English are guaranties to the above engagements, so long as the Begum shall exist."

Your Lordships will observe something here worthy of your notice. You will first perceive, that the very treaty in which Mr. Hastings, by his representative, Mr. Middleton, was a party concerned, supposes that the Nabob Sujah ul Dowlah had other children besides the reigning prince by his sole legitimate wife; and yet Mr. Hastings, in his defence, has thought proper, with a full knowledge of that circumstance, to doubt whether there were any other children. You next see that these women have Mr. Middleton's (that is, Mr. Hastings's) guaranty for the allowances which are made and settled upon them, and for the maintenance of their attendants, for the security and enjoyment of their own possessions, for their having a law officer of high rank, a moulavy, of their own. In short, there is a regular establishment formed for all these women: they are not separated as a part distinct from the Begums, but they are put by this very guaranty entirely under their management; the maintenance of the children is secured; the whole order and economy of their establishment is delivered entirely to the Begum, the grandmother, and the Begum, the mother, of the Nabob.

My Lords, you see that all these arrangements have the solemn guaranty of the Company, and that these women form a very considerable part of that guaranty; and therefore your Lordships will not treat their sufferings, inflicted in violation of the Company's own settlement and guaranty, as a matter of no consideration for you.

But to proceed.—We have proved to your Lordships that the Nabob was reduced to a state of the greatest possible misery and distress; that his whole revenue was sequestered into the hands of Mr. Hastings's agents; that by the treaty of Chunar he was to be relieved from the expense of a body of troops with which he had been burdened without his own voluntary consent,—nay, more, the temporary brigade, which Mr. Hastings proposed to take off, but kept on, which he considers not only as a great distress to his finances, but a dreadful scourge and calamity to his country,—there was a whole pension-list upon it, with such enormous pensions as 18,000l. a year to Sir Eyre Coote, and other pensions, that Mr. Hastings proposed to take off, but did not; that, in proportion as the Nabob's distress increased, Mr. Hastings's demands increased too; he was not satisfied, with taking from him for the Company, but he took from him for himself; he demanded six hundred thousand pounds as a loan, when he knew he had neither money nor credit.

The consequence of these acts of violence was, that these people, besieged by the English troops, and deprived of every resource, even of the funds of charity, by which the protectors of the family, male and female, might have relieved them, but which the cruel rapacity of Mr. Hastings had either entirely taken away or greatly diminished, were reduced to the last extremity of distress.

After the length of time which has elapsed since we first brought these matters with their proofs, I shall beg leave, before you go to judgment, to refresh your memory with a recital of a part of that evidence, in order that your Lordships may again fully and distinctly comprehend the nature and extent of the oppression, cruelty, and injustice committed by Mr. Hastings, and by which you may estimate the punishment you will inflict upon him.

Letter from Captain Leonard Jaques to Richard Johnson, Esq., Resident at the Vizier's Court; March 6th, 1782.

"Sir,—The women belonging to the Khord Mohul complain of their being in want of every necessary of life, and are at last drove to that desperation, that they at night get on the top of the zenanah, make a great disturbance, and last night not only abused the sentinels posted in the gardens, but threw dirt at them; they threatened to throw themselves from the walls of the zenanah, and also to break out of it. Humanity obliges me to acquaint you of this matter, and to request to know if you have any direction to give me concerning it. I also beg leave to acquaint you, I sent for Letafit Ali Khân, the cojah who has the charge of them, who informs me their complaint is well grounded,—that they have sold everything they had, even to the clothes from their backs, and now have no means of existing. Inclosed, I transmit you a letter from Mandall on the subject."

Letter from Captain Jaques to Richard Johnson, Esq., March 7th, 1782.

"Sir,—I beg leave to address you again concerning the women in the Khord Mohul. Their behavior last night was so furious that there seemed the greatest probability of their proceeding to the utmost extremities, and that they would either throw themselves from the walls or force the doors of the zenanah. I have made every inquiry concerning the cause of their complaints, and find from Letafit Ali Khân that they are in a starving condition, having sold all their clothes and necessaries, and now have not wherewithal to support nature. And as my instructions are quite silent upon this head, should be glad to know how to proceed in case they were to force the doors of the zenanah; as I suspect it will happen, should no subsistence be very quickly sent to them."

Letter from Major Gilpin to John Bristow, Esq., Resident at the Court of Lucknow; 30th October, 1782.

"Last night, about eight o'clock, the women in the Khord Mohul Zenanah, under the charge of Letafit Ali Khân, assembled on the tops of the buildings, crying in a most lamentable manner for food,—that for the last four days they had got but a very scanty allowance, and that yesterday they had got none. The melancholy cries of famine are more easily imagined than described; and from their representations, I fear that the Nabob's agents for that business are very inattentive. I therefore think it requisite to make you acquainted with the circumstance, that his Excellency the Nabob may cause his agents to be more circumspect in their conduct to these poor, unhappy women."

Letter from Mr. Bristow to Major Gilpin; Fyzabad, 4th November, 1782.

"Sir,—I have received your letters of the 12th, 19th, 27th, and 30th ultimo. I communicated the contents of that of the 30th to the minister, who promised me to issue orders for the payment of a sum of money to relieve the distress of the Khord Mohul. I shall also forward a bill for 10,000 rupees to you in the course of three or four days; and if in the mean time you may find means to supply to the amount of that sum, I will become personally responsible to you for the repayment."

Letter from Major Gilpin to John Bristow, Esq., at the Court of Lucknow; Fyzabad, 15th November, 1782.

"Sir,—The repeated cries of the women in the Khord Mohul Zenanah for subsistence have been truly melancholy. They beg most piteously for liberty, that they may earn their daily bread by laborious servitude, or be relieved from their misery by immediate death. In consequence of their unhappy situation, I have this day taken the liberty of drawing on you in favor of Ramnarain at ten days' sight, for twenty son Kerah rupees, ten thousand of which I have paid to Cojah Letafit Ali Khân, under whose charge that zenanah is."

These, my Lords, are the state of the distresses in the year 1782, and your Lordships will see that they continued almost, with only occasional reliefs, during the period of that whole year. Now we enter into the year 1783, to show you that it continued during the whole time; and then I shall make a very few remarks upon it.

I will now read to your Lordships a part of Mr. Holt's evidence, by which it is proved that Mr. Hastings was duly advertised of all these miserable and calamitous circumstances.

"Q. Whether you saw a letter of intelligence from Fyzabad containing a relation of the treatment of the women in the Khord Mohul?—A. Yes, I did, and translated it.—Q. From whom did it come?—A. Hoolas Roy.—Q. Who was he?—A. An agent of the Resident at Fyzabad, employed for the purpose of transmitting information to the Resident.—Q. Was that paper transmitted to Mr. Hastings?—A. To the best of my recollection, it was transmitted to the Board, after I had attested it.—Q. Do you remember at what distance of time after the receipt of the intelligence respecting the distresses of the Khord Mohul that paper was transmitted to Calcutta?—A. I cannot say.—Q. Do you believe it was transmitted within ten months after the time it was received?—A. I understood it to be a letter received just before it was transmitted.—Q. Then you understand it was transmitted as soon as received?—A. Yes, in the course of three days.—Q. Can you bring to your mind the time at which the translation was made?—A. To the best of my recollection, it was in January, 1784.—Q. Whether the distresses that had been complained of had ceased for above a twelvemonth before the distresses of the Khord Mohul?—A. I understood they were new distresses.—Q. Then you state that that account transmitted in 1784 was, as you understand, an account of new distresses?—A. Yes."

I shall now refer your Lordships to page 899 of your printed Minutes.

[The Managers for the Commons acquainted the House, that they would next read the paper of intelligence which had been authenticated by Mr. Holt, in his evidence at the bar, relative to the miserable situation of these women, which they meant to bring home to Mr. Hastings.]

An Extract of a Consultation of the 17th February, 1784.

"At a Council: present, the Honorable Warren Hastings, Esq., Governor-General, President, Edward Wheler and John Stables, Esqrs.; Mr. Macpherson absent from the Presidency for the benefit of his health: the following letter and its inclosures were received from Mr. Bristow on the 8th instant, and circulated.

"'Honorable Sir, and Gentlemen,—I have the honor to forward, for your further information, the inclosure No. 3; it contains a relation of the hardships endured by the ladies of the late Vizier's zenanah.'

(Signed) 'JOHN BRISTOW.'

"Translation of a Paper of Intelligence from Fyzabad.

"'The ladies, their attendants, and servants were still as clamorous as last night. Letafit, the darogah, went to them, and remonstrated with them on the impropriety of their conduct, at the same time assuring them that in a few days all their allowances would be paid, and should that not be the case, he would advance them ten days' subsistence, upon condition that they returned to their habitations. None of them, however, consented to his proposal, but were still intent upon making their escape through the bazaar, and in consequence formed themselves in the following order,—the children in the front, behind them the ladies of the seraglio, and behind them again their attendants; but their intentions were frustrated by the opposition which they met with from Letafit's sepoys. The next day Letafit went twice to the women, and used his endeavors to make them return into the zenanah, promising to advance them ten thousand rupees, which, upon the money being paid down, they agreed to comply with; but night coming on, nothing transpired.

"'On the day following, their clamors were more violent than usual. Letafit went to confer with them on the business of yesterday, offering the same terms. Depending upon the fidelity of his promises, they consented to return to their apartments, which they accordingly did, except two or three of the ladies, and most of their attendants. Letafit went then to Hossmund Ali Khân, to consult with him about what means they should take. They came to a resolution of driving them in by force, and gave orders to their sepoys to beat any one of the women who should attempt to move forward; the sepoys accordingly assembled, and each one being provided with a bludgeon, they drove them, by dint of beating, into the zenanah. The women, seeing the treachery of Letafit, proceeded to throw stones and bricks at the sepoys, and again attempted to get out; but finding that impossible, from the gates being shut, they kept up a continual discharge till about twelve o'clock, when, finding their situation desperate, they returned into the Rung Mohul, and forced their way from thence into the palace, and dispersed themselves about the house and gardens. After this they were desirous of getting into the Begum's apartments; but she, being apprised of their intentions, ordered the doors to be shut. In the mean time Letafit and Hossmund Ali Khân posted sentries to secure the gates of the Lesser Mohul. During the whole of this conflict, the ladies and women remained exposed to the view of the sepoys.

"'The Begum then sent for Letafit and Hossmund Ali Khân, whom she severely reprimanded, and insisted upon knowing the cause of this infamous behavior. They pleaded in their defence the impossibility of helping it, as the treatment the women had met with had only been conformable to his Excellency the Vizier's orders. The Begum alleged, that, even admitting that the Nabob had given these orders, they were by no means authorized in this manner to disgrace the family of Sujah Dowlah, and should they not receive their allowances for a day or two, it could be of no great moment; what had passed was now at an end, but that the Vizier should certainly be acquainted with the whole of the affair, and that whatever he directed she should implicitly comply with. The Begum then sent for two of the children who were wounded in the affray of last night, and after endeavoring to soothe them, she again sent to Letafit and Hossmund Ali Khân, and in the presence of the children again expressed her disapprobation of their conduct, and the improbability of Asoph ul Dowlah's suffering the ladies and children of Sujah Dowlah to be disgraced by being exposed to the view of the sepoys. Upon which Letafit produced the letter from the Nabob, representing that he was amenable only to the order of his Excellency, and that whatever he ordered it was his duty to obey; and that, had the ladies thought proper to have retired quietly to their apartments, he would not have used the means he had taken to compel them. The Begum again observed, that what had passed was now over. She then gave the children four hundred rupees and dismissed them, and sent word by Sumrud and the other eunuchs, that, if the ladies would peaceably retire to their apartments, Letafit would supply them with three or four thousand rupees for their present expenses, and recommended them not to incur any further disgrace, and that, if they did not think proper to act agreeably to her directions, they would do wrong. The ladies followed her advice, and about ten at night went back to the zenanah. The next morning the Begum waited upon the mother of Sujah Dowlah, and related to her all the circumstances of the disturbance. The mother of Sujah Dowlah returned for answer, that, after there being no accounts kept by crores of revenue, she was not surprised that the family of Sujah Dowlah, in their endeavors to procure subsistence, should be obliged to expose themselves to the meanest of the people. After bewailing their misfortunes and shedding many tears, the Begum took her leave and returned home.'"

As a proof of the extremity of the distress which reigned in the Khord Mohul, your Lordships have been told that these women must have perished through famine, if their gaolers, Captain Jaques and Major Gilpin, had not raised money upon their own credit, and supplied them with an occasional relief. And therefore, when they talk of his peculation, of his taking but a bribe here and a bribe there, see the consequences of his system of peculation, see the consequences of a usurpation which extinguishes the natural authority of the country, see the consequences of a clandestine correspondence that does not let the injuries of the country come regularly before the authorities in Oude to relieve it, consider the whole mass of crimes, and then consider the sufferings that have arisen in consequence of it.

My Lords, it was not corporal pain alone that these miserable women suffered. The unsatisfied cravings of hunger and the blows of the sepoys' bludgeons could touch only the physical part of their nature. But, my Lords, men are made of two parts,—the physical part, and the moral. The former he has in common with the brute creation. Like theirs, our corporeal pains are very limited and temporary. But the sufferings which touch our moral nature have a wider range, and are infinitely more acute, driving the sufferer sometimes to the extremities of despair and distraction. Man, in his moral nature, becomes, in his progress through life, a creature of prejudice, a creature of opinions, a creature of habits, and of sentiments growing out of them. These form our second nature, as inhabitants of the country and members of the society in which Providence has placed us. This sensibility of our moral nature is far more acute in that sex which, I may say without any compliment, forms the better and more virtuous part of mankind, and which is at the same time the least protected from the insults and outrages to which this sensibility exposes them. This is a new source of feelings, that often make corporal distress doubly felt; and it has a whole class of distresses of its own. These are the things that have gone to the heart of the Commons.

We have stated, first, the sufferings of the Begum, and, secondly, the sufferings of the two thousand women (I believe they are not fewer in number) that belong to them, and are dependent upon them, and dependent upon their well-being. We have stated to you that the Court of Directors were shocked and astonished, when they received the account of the first, before they had heard the second. We have proved they desired him to redress the former, if, upon inquiry, he found that his original suspicions concerning their conduct were ill-founded. He has declared here that he did not consider these as orders. Whether they were orders or not, could anything have been more pressing upon all the duties and all the sentiments of man than at least to do what was just,—that is, to make such an inquiry as in the result might justify his acts, or have entitled them to redress? Not one trace of inquiry or redress do we find, except we suppose, as we hear nothing after this of the famine, that Mr. Bristow, who seems to be a man of humanity, did so effectually interpose, that they should no longer depend for the safety of their honor on the bludgeons of the sepoys, by which alone it seems they were defended from the profane view of the vulgar, and which we must state as a matter of great aggravation in this case.

The counsel on the other side say that all this intelligence comes in an anonymous paper without date, transmitted from a newspaper-writer at Fyzabad. This is the contempt with which they treat this serious paper, sent to Mr. Hastings himself by official authority,—by Hoolas Roy, who was the news-writer at Fyzabad,—the person appointed to convey authentic intelligence concerning the state of it to the Resident at Lucknow. The Resident received it as such; he transmitted it to Mr. Hastings; and it was not till this hour, till the counsel were instructed (God forgive them for obeying such instructions!) to treat these things with ridicule, that we have heard this Hoolas Roy called a common news-writer of anonymous information, and the like. If the information had come in any way the least authentic, instead of coming in a manner the most authentic in which it was possible to come to Mr. Hastings, he was bound by every feeling of humanity, every principle of regard to his own honor and his employers', to see whether it was true or false; if false, to refute it; if true, to afford redress: he has done neither. Therefore we charge him with being the cause; we charge upon him the consequences, with all the aggravations attending them; and we call both upon justice and humanity for redress, as far as it can be afforded to these people, and for the severest punishments which your Lordships can inflict upon the author of these evils. If, instead of the mass of crimes that we have brought before you, this singly had been charged upon the prisoner, I will say that it is a greater crime than any man has ever been impeached for before the House of Lords, from the first records of Parliament to this hour.

I need not remind your Lordships of one particular circumstance in this cruel outrage. No excuse or pretence whatever is brought forward in its justification. With respect to the Begums, they have been charged with rebellion; but who has accused the miserable inhabitants of the Khord Mohul of rebellion, or rebellious designs? What hearsay is there, even, against them of it? No: even the persons permitted by Mr. Hastings to rob and destroy the country, and who are stated by him to have been so employed,—not one of that legion of locusts which he had sent into the country to eat up and devour the bread of its inhabitants, and who had been the cause both of the famine itself and of the inability of the Begums to struggle with it,—none of these people, I say, ventured even a hearsay about these women.

Were the sufferers few? There were eight hundred of them, besides children. Were they persons of any rank and consequence? We are told that they were persons of considerable rank and distinction, connected with and living under the protection of women of the first rank in Asia. Were they persons not deserving pity? We know that they were innocent women and children, not accused, and unsuspected, of any crime. He has taken into his head to speak contemptuously of these women of the Khord Mohul: but your Lordships will consider both descriptions generally with some respect; and where they are not objects of the highest respect, they will be objects of your compassion. Your Lordships, by your avenging justice, will rescue the name of the British government from the foulest disgrace which this man has brought upon it.

An account of these transactions, as we have proved by Mr. Holt's evidence, was regularly transmitted and made known to him. But why do I say made known to him? Do not your Lordships know that Oude was his,—that he treated it like his private estate,—that he managed it in all its concerns as if it were his private demesne,—that the Nabob dared not do a single act without him,—that he had a Resident there, nominated by himself, and forced upon the Nabob, in defiance of the Company's orders? Yet, notwithstanding all this, we do not find a trace of anything done to relieve the aggravated distresses of these unfortunate people.

These are some of the consequences of that abominable system which, in defiance of the laws of his country, Mr. Hastings established in Oude. He knew everything there; he had spies upon his regular agents, and spies again upon them. We can prove, (indeed, he has himself proved,) that, besides his correspondence with his avowed agents, Major Palmer and Major Davy, he had secret correspondence with a whole host of agents and pensioners, who did and must have informed him of every circumstance of these affairs. But if he had never been informed of it at all, the Commons contend, and very well and justly contend, that he who usurps the government of a country, who extinguishes the authority of its native sovereign, and places in it instruments of his own, and that in defiance of those whose orders he was bound to obey, is responsible for everything that was done in the country. We do charge him with these acts of delinquencies and omissions, we declare him responsible for them; and we call for your Lordships' judgment upon these outrages against humanity, as cruel perhaps as ever were suffered in any country.

My Lords, if there is a spark of manhood, if there is in your breasts the least feeling for our common humanity, and especially for the sufferings and distresses of that part of human nature which is made by its peculiar constitution more quick and sensible,—if, I say, there is a trace of this in your breasts, if you are yet alive to such feelings, it is impossible that you should not join with the Commons of Great Britain in feeling the utmost degree of indignation against the man who was the guilty cause of this accumulated distress. You see women, whom we have proved to be of respectable rank and condition, exposed to what is held to be the last of indignities in that country,—the view of a base, insulting, ridiculing, or perhaps vainly pitying populace. You have before you the first women in Asia, who consider their honor as joined with that of these people, weeping and bewailing the calamities of their house. You have seen that in this misery and distress the sons of the Nabob were involved, and that two of them were wounded in an attempt to escape: and yet this man has had the impudence to declare his doubts of the Nabob's having had any children in the place, though the account of what was going on had been regularly transmitted to him. After this, what is there in his conduct that we can wonder at?

My Lords, the maintenance of these women had been guarantied by the Company; but it was doubly guarantied under the great seal of humanity. The conscience of every man, and more especially of the great and powerful, is the keeper of that great seal, and knows what is due to its authority. For the violation of both these guaranties, without even the vain and frivolous pretence of a rebellion, and for all its consequences, Mr. Hastings is answerable; and he will not escape your justice by those miserable excuses which he has produced to the Court of Directors, and which he has produced here in his justification. My Lords, that justification we leave with your Lordships.

We now proceed to another part of our charge, which Mr. Hastings has not thought proper to deny, but upon which we shall beg leave to make a few observations. You will first hear read to you, from the 17th article of our charge, the subject-matter to which we now wish to call your attention.

"That in or about the month of March, 1783, three of the said brothers of the Nabob, namely, Mirza Hyder Ali, Mirza Imayut Ali, and Mirza Syef Ali, did represent to the said Bristow that they were in distress for dry bread and clothes, and in consequence of such representation were relieved by the intervention of the said Bristow, but soon after the deputation of the said Warren Hastings to Oude, in the year 1784, that is to say, some time in or about the month of September, in the said year 1784, the said Mirza Hyder Ali, one of the three princes aforesaid, did fly to the province of Benares, and did remain there in great distress; and that, although the said Warren Hastings did write to the said Nabob an account of the aforesaid circumstances, in certain loose, light, and disrespectful expressions concerning the said Mirza Hyder Ali, he did not, as he was in duty bound to do, in any wise exert that influence which he actually and notoriously possessed over the mind of the said Nabob, for the relief of the said prince, the brother of the said Nabob, but, without obtaining any satisfactory and specific assurances, either from the said Nabob or the said minister, the said Warren Hastings did content himself with advising the said prince to return to his brother, the said Nabob."

The answer of Mr. Hastings to that part of the 17th article states:—

"And the said Warren Hastings says, that in or about the month of July, in the year 1783, a paper was received, inclosed in a letter to the Governor-General and Council, from Mr. Bristow, purporting to be a translation of a letter from three brothers of the said Vizier, in which they did represent themselves to be in distress for dry bread and clothes; but whether such distress actually existed, and was relieved by the said Bristow, the said Warren Hastings cannot set forth.

"And the said Warren Hastings further says, that some time in the month of September, 1784, the said Warren Hastings, being then at Benares, did receive information that Mirza Hyder Ali was arrived there, and the said Warren Hastings, not knowing before that time that there was any such person, did write to the Nabob Vizier, to the purport or effect following:—'A few days since I learnt that a person called Mirza Hyder Ali was arrived at Benares, and calls himself a son of the deceased Nabob Sujah ul Dowlah, and I was also told that he came from Fyzabad; as I did not know whether he left Fyzabad with or without your consent, I therefore did not pay him much attention, and I now trouble you to give me every information on this subject, how he came here, and what your intentions are about him; he remains here in great distress, and I therefore wish to know your sentiments.'

"And the said Warren Hastings further says, that, having received an answer from the said Vizier, he did, on or about the 13th of October, 1784, inclose the same in a letter to the said Mirza, of which letter the following is a copy:—'An answer is arrived to what I wrote on your account to the Nabob Vizier, which I inclose to you: having read it, you will send it back. I conceive you had better go to the Nabob Vizier's presence, who will certainly afford you protection and assistance. I will write what is proper to carry with you to the Nabob, and it will in every respect be for your good; whatever may be your intention on this head, you will write to me.'

"And the said Warren Hastings submits, that it was no part of his duty as Governor-General to interfere with the said Vizier on behalf of the said Mirza, or to obtain from the said Vizier any specific assurances on the subject."

Continuation of the 17th article of the charge:—

"That, in order to avoid famine at home, another of the said Nabob's brothers, by name Mirza Jungli, was under the necessity of flying from his native country, and did seek protection from a certain Mahometan lord called Mirza Shuffee Khân, then prime-minister of the Mogul, from whom he did go to the camp of the Mahratta chief Mahdajee Sindia, where he did solicit and obtain a military command, together with a grant of lands, or jaghire, for the subsistence of himself, his family, and followers; but wishing again to be received under the protection of the British government, the said Mirza Jungli, in 1783, did apply to the said Resident Bristow, through David Anderson, Esquire, then on an embassy in the camp of the said Sindia; and in consequence of such application, the said Bristow, sensible of the disgrace which the exile of the said Mirza Jungli reflected both on the said Nabob of Oude and the British nation, did negotiate with the said Nabob and his ministers for the return of the said Mirza Jungli, and for the settlement and regular payment of some proper allowance for the maintenance of the said Mirza Jungli; but the allowance required was ultimately refused; and although the whole of the transactions aforesaid were duly represented to the said Warren Hastings by the said Anderson and by the said Bristow, and although he had himself received, so early as the 23d of August, 1782, a letter from the Vizier, grievously complaining of the cruel and extortious demands made upon him by the said Warren Hastings, in which letter he did expressly mention the flight of his brothers, and the distresses of the women of his late father, who he said were all as his mothers, and that his said brothers, from the resumption of their jaghires, were reduced to great affliction and distress, and he did attribute the said flight of some of his brethren, and the distresses of the rest, and of the women who stood in a species of maternal relation to him, as owing to the aforesaid oppressive demands, yet he, the said Warren Hastings, did cruelly, inhumanly, and corruptly decline to make any order for the better provision of any of the said eminent family, or for the return of the said prince, who had fled from his brother's court to avoid the danger of perishing by famine."

Answer of Mr. Hastings to that part of the charge:—

"And the said Warren Hastings further says, that he was informed that Mirza Jungli, in the said article also mentioned, did leave his native country in distress, and did go to Mirza Shuffee Khân, in the said article also mentioned; and the said Warren Hastings likewise admits he was informed that the said Mirza Jungli did afterwards leave the said Mirza Shuffee Khân, and repair to the camp of Mahdajee Sindia, with a view of obtaining some establishment for himself and followers.

"And the said Warren Hastings further says, that in certain letters written by David Anderson, Esquire, and John Bristow, Esquire, it was represented that the said Mirza Jungli did apply to the said Bristow, through the said Anderson, then on an embassy in the camp of the said Sindia, and that in consequence thereof the said Bristow did, amongst other things, apply to the said Nabob Vizier for a certain allowance to be made for the said Mirza, and for the regular payment thereof, and that a certain allowance was accordingly settled by the said Vizier on the said Mirza; and the said Warren Hastings says, that information of the above transactions was transmitted to the Board of Council, and that a letter from the said Vizier was received on the 23d of August, 1782, containing certain representations of the distresses of himself and his family; and he admits that no order was made by him, the said Warren Hastings, for the provision of any of the said family, or for the return of the said Mirza; but the said Warren Hastings denies that he was guilty of any cruelty, inhumanity, or corruption, or of any misconduct whatsoever, in the matters aforesaid."

Continuation of the charge:—

"That some time in or about the month of December, 1783, the Nabob Bahadur, another of the brothers of the said Nabob of Oude, did represent to the said Bristow, that he, the said Nabob Bahadur, had not received a farthing of his allowance for the current year, and was without food; and being wounded by an assassin, who had also murdered his aunt in the very capital of Oude, the said Nabob Bahadur had not a daum to pay the surgeon, who attended him for the love of God alone. That at or about the period of this said representation the said Bristow was recalled, and the said Warren Hastings proceeded up to Lucknow, but did not inquire into the said representations transmitted by the said Bristow to Calcutta, nor did order any relief."

Mr. Hastings's answer to the part of the charge last read:—

"And the said Warren Hastings further says, that on the 29th of January, 1784, after the recall of the said Bristow, he, the said Bristow, did transmit to the Governor-General and Council two letters, one dated 28th of December, 1783, the other 7th of January, 1784, purporting to be written by the said Nabob Bahadur, addressed to him, the said Bristow, to the effect in the said article stated; and the said Warren Hastings admits, that, when at Lucknow, he did not institute any inquiry into the supposed transaction in the said 17th article stated, or make any order concerning the said Bahadur, and he denies that it was his duty so to do."

Here is the name of this Nabob from a list of the jaghiredars stated by Mr. Purling, page 485 printed Minutes. Amongst the names of jaghiredars, the times when granted, and the amount of the jaghires, there occurs that of the Nabob Bahadur, with a grant of a jaghire of the amount of 20,000 rupees.

[The Lord Chancellor here remarked, that what had been just read was matter of the 17th article of the charge and parts of the answer to it, and that, upon looking back to the former proceedings, it has escaped his attention, if any matter contained in the 17th article had been made matter of the charge; that it therefore seemed to him that it could not be brought in upon a reply, not having been made matter of the charge originally.

Mr. Burke. My Lords, I have to say to this, that I believe you have heard these facts made matter of charge by the House of Commons, that I conceive they have been admitted by the prisoner, and that the Commons have nothing to do with the proofs of anything in their charge which is fully and in terms admitted. The proofs which they have produced to your Lordships were upon matters which were contested; but here the facts are admitted in the fullest manner. We neither have abandoned them, intended to abandon them, or ever shall abandon them; we have made them, as a charge, upon record; the answers to them have been recorded, which answers are complete admissions of every fact in the charge.

Lord Chancellor. I do not make myself understood. The objection is not that there has not been evidence given upon the 17th article, but at the close of the case on the part of the Managers for the House of Commons no mention having been made of the matter contained in the 17th article, that therefore, although it may all have been admitted by the answer to be true, yet in justice, if from that answer you ground the charge, it is necessary the defendant should be heard upon it.

Mr. Burke. If your Lordships choose that the defendant shall be heard upon it, we have no kind of objection, nor ever had, or proposed an objection to the defendant being heard upon it. Your Lordships know that the defendant's counsel value themselves upon having abandoned their defence against certain parts of the charge; your Lordships know that they declared that they broke off thus in the middle of their defence in order to expedite this business.

Lord Chancellor. Referring to the proceedings, I think it a matter perfectly clear, that, in the course of the charge, after certain articles had been gone through, the Managers for the Commons closed the case there, leaving therefore all the other articles, excepting those that had been discussed, as matters standing with the answers against them, but not insisted upon in making out the charge. Of course, therefore, if the defendant had gone into any of those articles, the defendant must have been stopped upon them, because he would then have been making a case in defence to that which had not been made a case in the prosecution. The objection, therefore, is not at all that no evidence has been examined. To be sure, it would be an answer to that to say, you are now proceeding upon an admission; but even upon those facts that are admitted, (if the facts are admitted that are insisted upon as matter in charge,) that should come in the original state of the cause, and the defendant in common justice must be heard upon that, and then, and then only, come the observations in reply.

Mr. Burke. We do not know, not are informed, that any charge, information, or indictment, that is before the court, and upon record, and is not denied by the defendant, does not stand in full force against him. We conceive it to be so; we conceive it to be agreeable to the analogy of all proceedings; and the reason why we did not go into and insist upon it was, that, having a very long cause before us, and having the most full and complete admission upon this subject, we did not proceed further in it. The defendant defends himself by averring that it was not his duty. It was not our business to prove that it was his duty. It was he that admitted the facts assumed to be the foundation of his duty; the negative he was bound to prove, and he never offered to prove it. All that I can say upon this point is, that his delinquency in the matter in question appeared to us to be a clear, distinct case,—to be a great offence,—an offence charged upon the record, admitted upon the record, and never by us abandoned. As to his defence having been abandoned, we refer your Lordships to the last petition laid by him upon your table, (that libellous petition, which we speak of as a libel upon the House of Commons,) and which has no validity but as it asserts a matter of fact from the petitioner; and there you will find that he has declared explicitly, that, for the accommodation and ease of this business, and for its expedition, he did abandon his defence at a certain period.

Lord Chancellor. A charge consisting of a variety of articles in their nature (however connected with each other in their subject, but in their nature) distinct and specific, if only certain articles are pressed in the charge, to those articles only can a defence be applied; and all the other articles, that are not made matter of charge originally, have never, in the course of any proceeding whatever, been taken up originally in reply.

Mr. Burke. With great respect to your Lordship's judgment, we conceive that the objection taken from our not having at a certain period argued or observed upon the prisoner's answer to the articles not insisted upon is not conclusive; inasmuch as the record still stands, and as our charge still stands. It was never abandoned; and the defendant might have made a justification to it, if he had thought fit: he never did think fit so to do. If your Lordships think that we ought not to argue upon it here in our reply, because we did not argue upon it before,—well and good; but we have argued and do argue in our reply many things to which he never gave any answer at all. I shall beg leave, if your Lordships please, to retire with my fellow Managers for a moment, to consult whether we shall press this point or not. We shall not detain your Lordships many minutes.

(The Managers withdrew: in a few minutes the Managers returned, again into the Hall.)

Mr. Burke. My Lords, the Managers have consulted among themselves upon this business; they first referred to your printed proceedings, in order to see the particular circumstance on which the observation of your Lordship is founded; we find it thus stated:—"Then the Managers for the Commons informed the Lords, that, saving to themselves their undoubted rights and privileges, the Commons were content to rest their charge here." We rested our charge there, not because we meant to efface any precedent matter of the charge which had been made by us, and of which the facts had been admitted by the defendant, but, simply saving our rights and privileges, that is, to resume, (and to make new matter, if we thought fit,) the Commons were content to rest the charge there.

I have further to remark to your Lordships, that the counsel for the defendant have opened a vast variety of matter that is not upon record, either on our part or on theirs, in order to illustrate and to support their cause; and they have spoken day after day upon the principles on which their defence was made. My great object now is an examination of those principles, and to illustrate the effects of these principles by examples which are not the less cogent, the less weighty, and the less known, because they are articles in this charge. Most assuredly they are not. If your Lordships recollect the speeches that were made here, you know that great merit was given to Mr. Hastings for matters that were not at all in the charge, and which would put us under the greatest difficulties, if we were to take no notice of them in our reply. For instance, his merits in the Mahratta war, and a great mass of matter upon that subject, were obliquely, and for other purposes, brought before you, upon which they argued. That immense mass of matter, containing an immense mass of principles, and which was sometimes supported by alleged facts, sometimes by none, they have opened and argued upon, as matter relative to principle. In answer to their argument, we propose to show the mischiefs that have happened from the mischievous principles laid down by Mr. Hastings, and the mischievous consequences of them.

If, however, after this explanation, your Lordships are of opinion that we ought not to be allowed to take this course, wishing to fall in with your Lordships' sentiments, we shall abandon it. But we will remind your Lordships that such things stand upon your records; that they stand unanswered and admitted on your records; and consequently they cannot be destroyed by any act of ours, but by a renunciation of the charge, which renunciation we cannot make, because the defendant has clearly and fully admitted it to be founded in fact. We cannot plead error; we cannot retract it. And why? Because he has admitted it. We therefore only remind your Lordships that the charge stands uncontradicted; and that the observation we intended to make upon it was to show your Lordships that the principles upon which he defends all such conduct are totally false and groundless. But though your Lordships should be of opinion that we cannot press it, yet we cannot abandon it; it is not in your power, it is not in our power, it is not in his power to abandon that charge. You cannot acquit him of that charge; it is impossible. If, however, your Lordships, for the accommodation of business, method of proceedings, or any circumstance of that kind, wish we should say no more upon the subject, we close the subject there. Your Lordships are in possession both of the charge and the admission; and we wish, and we cannot wish better than, to leave it as it is upon the record.

The Lord Chancellor here said,—The opinion of the Lords can only be with me matter of conjecture. I certainly was not commanded by the House to state the observation that had occurred to me; but in the position in which it now stands, I feel no difficulty in saying, as my own judgment, that nothing can be matter in reply that does not relate to those articles that were pressed in the original charge; and therefore, in this position of the business of reply, you cannot go into new matter arising out of other articles that were not originally insisted upon.

Mr. Burke. We were aware of the objection that might be made to admitting our observations, if considered as observations upon the 17th article, but not when considered with reference to facts on the record before you, for the purpose of disproving the principles upon which the defendant and his counsel had relied: that was the purpose for which we proposed chiefly to make them. But your Lordship's [the Lord Chancellor's] own personal authority will have great weight with us, and, unless we perceive some other peer differ from you, we will take it in the course we have constantly done. We never have sent your Lordships out of the hall to consent [consult?] upon a matter upon which that noble lord appeared to have formed a decision in his own mind; we take for granted that what is delivered from the woolsack, to which no peer expresses a dissent, is the sense of the House; as such we take it, and as such we submit to it in this instance.

Therefore, leaving this upon the record as it stands, without observing upon it, and submitting to your Lordships' decision, that we cannot, according to order, observe in reply upon what was not declared by us to be a part of the charges we meant to insist upon, we proceed to another business.]

We have already stated to your Lordships, and we beg to remind you of it, the state and condition of the country of Oude when Mr. Hastings first came to it,—his subsequent and immediate usurpation of all the powers of government, and the use he made of them,—the tyranny he exercised over the Nabob himself,—the tyranny he exercised upon his mother and grandmother, and all the other females of his family, and their dependants of every description, to the number of about eight hundred persons,—the tyranny exercised (though we are not at liberty to press it now) upon his brethren. We have shown you how he confiscated the property of all the jaghiredars, the nobility of the country. We have proved to your Lordships that he was well acquainted with all the misery and distress occasioned by these proceedings, and that he afforded the sufferers no relief. We now proceed to review the effect of this general mass of usurpation, tyranny, and oppression upon the revenues and the prosperity of the country.

Your Lordships will first be pleased to advert to the state in which Mr. Hastings found the country,—in what state he found its revenues,—who were the executive ministers of the government,—what their conduct was, and by whom they were recommended and supported. For the evidence of these facts we refer your Lordships to your printed Minutes: there, my Lords, they stand recorded: they never can be expunged out of your record, and the memory of mankind, whether we be permitted to press them at this time upon your Lordships or not. Your Lordships will there find in what manner the government was carried on in Oude in 1775, before the period of Mr. Hastings's usurpation. Mr. Hastings, you will find, has himself there stated that the minister was recommended by the Begums; and you will remark this, because Mr. Hastings afterwards makes her interference in the government of her son a part of his crimination of the Begum.

The Resident at the court of Oude thus writes on the 2d of March, 1775.

"Notwithstanding the confidence the Nabob reposes in Murtezza Khân, the Begums are much dissatisfied with his elevation. They recommended to his Excellency to encourage the old servants of the government, whose influence in the country, and experience, might have strengthened his own authority, and seated him firmly on the musnud. In some measure this, too, may appear consistent with the interests of the Company; for, as Elija Khân and the old ministers have by frequent instances within their own knowledge experienced the power of our government, such men, I should conceive, are much more likely to pay deference to the Company than a person who at present can have but a very imperfect idea of the degree of attention which ought to be paid to our connection with the Nabob."

Your Lordships see that the Begums recommended the old servants, contrary to the maxims of Rehoboam,—those who had served his father and had served the country, and who were strongly inclined to support the English interest there. Your Lordships will remark the effects of the Begum's influence upon the state of things in 1775, that the Nabob had been advised by his mother to employ the confidential servants of his father,—persons conversant in the affairs of the country, persons interested in it, and persons who were well disposed to support the English connection. Your Lordships will now attend to a letter from Mr. Bristow, at Lucknow, to the board, dated 28th November, 1775.

"I also neglected no part of my duty on the spot, but advised the minister, even at Lucknow, according to my letter of the 3d instant, to recommend it to the Nabob to dismiss his useless and mutinous troops, which measure seems by present appearances to have succeeded beyond expectation: as the rest of the army do now pay the greatest attention to his Excellency's orders; already the complaints of the violences the troops used to commit are greatly decreased; they profess obedience; and, by the best intelligence I can obtain of their disposition, there seems to be little doubt that the example made by disbanding Bussunt's corps has every good effect we could wish, which had crossed the river and voluntarily surrendered their arms the day before yesterday to the Nabob."

His next letter is dated 13th June, 1776.

"Honorable Sir and Sirs,—It is Elija Khân's first object to regulate the Vizier's revenue; and I must do him the justice to say, that the short time he has been in office he has been indefatigable, and already settled the greater part of the province of Oude, and fixed on the districts for the assignments of the army subsidy; Corah and Allahabad he has disposed of, and called for the Dooab and Rohilcund accounts, in order to adjust them as soon as possible. This activity will, I hope, produce the most salutary effects,—as, the present juncture being the commencement of the season for the cultivation, the aumils, by being thus early placed in their offices, have the opportunity of advancing tukavy, encouraging the ryots, and making their agreements in their several districts, in letting under-farms, or disposing of the lands in such a manner as they may judge most expedient. If, though similar to the late minister's conduct, a delay of two or three months should occur in the settlement of the lands, the people throughout the country would be disheartened, and inevitably a very heavy balance accrue on the revenue. I have troubled the honorable board with this detail, in the first place, to show the propriety of Elija Khân's conduct, and, in the next, the essential service that will be rendered to the Vizier by continuing Colonel Parker's detachment during the whole rains in Corah, if required by the Vizier."

My Lords, you have now had a view of the state of Oude, previous to the first period of our connection with it. Your Lordships have seen and understand that part of the middle period, with which we do not mean to trouble you again. You will now be pleased to attend to a letter from Fyzoola Khân to the Governor-General, received the 13th of February, 1778.

"This country of Cuttah, which formerly depended on the Rohilla States, and which I consider as now appertaining to the Company, was very populous and flourishing; but since the commencement of the Nabob Vizier's government, the farmers appointed by his ministers have desolated the country. Its situation is at present very ruinous; thousands of villages, formerly populous, are now utterly deserted, and no trace left of them. I have already written to Roy Buckstowr Sing a full account of the tyranny and oppression exercised by the farmers, to be communicated to you: the constant revenue of a country depends on the care of its rulers to preserve it in a flourishing state. I have been induced to make the representation by my attachment to the interest of the Company; for otherwise it is no concern of mine. Should these oppressions continue one or two years longer, and the rulers take no measures to put a stop to them, the whole country will be a desert."

My Lords, upon these statements I have only to make this remark,—that you have seen the first state of this country, and that the period when it had fallen into the state last described was about two years after Mr. Hastings had obtained the majority in the Council and began to govern this country by his lieutenants. We know that the country was put by him under military collectors: you see the consequences. The person who makes this representation to Mr. Hastings of the state of the country, of its distress and calamity, and of the desolation of a thousand of the villages formerly flourishing in it, is no less a person than a prince of a neighboring country, a person of whom you have often heard, and to whom the cause of humanity is much indebted, namely, Fyzoola Khân,—a prince whose country the English Resident, travelling through, declares to be cultivated like a garden. That this was the state of the Rohilla country is owing to its having very fortunately been one of those that escaped the dominion of Mr. Hastings.

We will now read to your Lordships a letter from Sir Eyre Coote to the board at Calcutta, dated the 11th of September, 1779.

"Honorable Sir and Sirs,—The day before yesterday I encamped near Allahabad, where the Vizier did me the honor of a visit; and yesterday morning, in my way hither, I returned it, and was received by his Excellency with every mark of respect and distinction. This morning he called here, and we had some general conversation, which principally turned upon the subject of his attachment to the English, and his readiness to show the sincerity of it upon all occasions. It is to be wished we had employed the influence which such favorable sentiments must have given us more to the benefit of the country and ourselves; but I fear the distresses which evidently appear on the face of the one, and the failure of the revenues to the other, are not to be wholly ascribed to the Vizier's mismanagement."

This is the testimony of Mr. Hastings's own pensioner, Sir Eyre Coote, respecting the known state of the country during the time of this horrible usurpation, which Sir Eyre Coote mentions under the soft name of our influence. But there could be but one voice upon the subject, and that your Lordships shall now hear from Mr. Hastings himself. We refer your Lordships to the Minute of the Governor-General's Consultation, Fort William, 21st May, 1781: he is here giving his reasons for going into the upper provinces.

"The province of Oude having fallen into a state of great disorder and confusion, its resources being in an extraordinary degree diminished, and the Nabob Asoph ul Dowlah having earnestly entreated the presence of the Governor-General, and declared, that, unless some effectual measures are taken for his relief, he must be under the necessity of leaving his country, and coming down to Calcutta, to present his situation to this government,—the Governor-General therefore proposes, with the concurrence of Mr. Wheler, to visit the province of Oude as speedily as the affairs of the Presidency will admit, in hopes that, from a minute and personal observation of the circumstances of that country, the system of management which has been adopted, and the characters and conduct of the persons employed, he may possibly be able to concert and establish some plan by which the province of Oude may in time be restored to its former state of affluence, good order, and prosperity."

Your Lordships have now the whole chain of the evidence complete, with regard to the state of the country, up to the period of Mr. Hastings's journey into the country. You see that Mr. Hastings himself admits it to have been formerly in a most flourishing, orderly, and prosperous state. Its condition in 1781 he describes to you in words than which no enemy of his can use stronger, in order to paint the state in which it then was. In this state he found it, when he went up in the year 1781; and he left it, with regard to any substantial regulation that was executed or could be executed, in the state in which he found it,—after having increased every one of those grievances which he pretended to redress, and taken from it all the little resources that remained in it.

We now come to a subsequent period, at which time the state of the country is thus described by Mr. Bristow, on the 12th December, 1782.

"Despotism is the principle upon which every measure is founded, and the people in the interior parts of the country are ruled at the discretion of the aumil or foujdar for the time being. They exercise, within the limits of their jurisdiction, the powers of life and death, and decisions in civil and other cases, in the same extent as the sovereign at the capital. The forms prescribed by the ancient institutions of the Mogul empire are unattended to, and the will of the provincial magistrate is the sole law of the people. The total relaxation of the Vizier's authority, his inattention and dislike to business, leave the aumils in possession of this dangerous power, unawed, uncontrolled by any apprehension of retrospection, or the interference of justice. I can hardly quote an instance, since the Vizier's accession to the musnud, of an aumil having been punished for oppression, though the complaints of the people and the state of the country are notorious proofs of the violences daily committed: it is even become unsafe for travellers to pass, except in large bodies; murders, thefts, and other enormities shocking to humanity, are committed in open day."

In another paragraph of the same letter, he says,—

"Such has been the system of this government, that the oppressions have generally originated with the aumils. They have been rarely selected for their abilities or integrity, but from favor, or the means to advance a large sum upon being appointed to their office. The aumil enters upon his trust ruined in reputation and fortune; and unless he accomplishes his engagements, which is seldom the case, disgrace and punishment follow. Though the balance of revenue may be rigorously demanded of him, it has not been usual to institute any inquiry for oppression. The zemindars, thus left at the mercy of the aumils, are often driven to rebellion. The weak are obliged to submit to his exactions, or fly the country; and the aumil, unable to reduce the more powerful, is compelled to enter into a disgraceful compromise. Every zemindar looks to his fort for protection, and the country is crowded with them: Almas Ali Khân asserts there are not less than seven hundred in his districts. Hence it has become a general custom to seize the brother, son, or some near relation or dependant of the different zemindars, as hostages for the security of the revenue: a great aumil will sometimes have three or four hundred of these hostages, whom he is obliged to confine in places of security. A few men like Almas Ali Khân and Coja Ain ul Din have, from their regularity in the performance of pecuniary engagements, rendered themselves useful to the Vizier. A strict scrutiny into his affairs was at all times irksome to his Excellency, and none of the ministers or officers about his person possessing the active, persevering spirit requisite to conduct the detail of engagements for a number of small farms, it became convenient to receive a large sum from a great farmer without trouble or deficiency. This system was followed by the most pernicious consequences; these men were above all control, they exacted their own terms, and the districts they farmed were most cruelly oppressed. The revenue of Rohilcund is reduced above a third, and Almas Ali Khân's administration is well known to have been extremely violent."

We will next read to your Lordships an extract from Captain Edwards's evidence.

"Q. Had you any opportunity of observing the general face of the country in the time of Sujah Dowlah?—A. I had.—Q. Did you remark any difference in the general state of the country at that time and the period when you made your latter observation?—did you observe any difference between the condition of the country at that time, that of Sujah Dowlah in the year 1774, and the latter period you have mentioned?—A. I did,—a very material difference.—Q. In what respect?—A. In the general aspect that the country bore, and the cultivation of the country,—that it was infinitely better cultivated in 1774 than it was in 1783.—Q. You said you had no opportunity of observing the face of the country till you was appointed aide-de-camp to the Nabob?—A. No,—except by marching and countermarching. I marched in the year 1774 through the Nabob Sujah ul Dowlah's provinces into Rohilcund.—Q. Had you those opportunities from the time of your going there in 1774?—A. I had; but not so much as I had after being appointed aide-de-camp to the Vizier, because I was always before in a subordinate situation: I marched in a direct line before, with the troops; but afterwards, when I was aide-de-camp to his Excellency, I was my own master, and made frequent excursions into the different parts of the country.—Q. Had you an opportunity of observing the difference in the general happiness and disposition of the people?—A. I had.—Q. Did you observe a difference in that respect also between your first coming and the year 1783?—A. Yes, a very sensible difference: in Sujah ul Dowlah's time the country was in a very flourishing state, in merchandise, cultivation, and every article of commerce, and the people then seemed to be very happy under his government, which latterly was not the case; because the country in reality appeared in the year 1774 in a flourishing state, and in the year 1783 it appeared comparatively forlorn and desolate.—Q. Was the court of Asoph ul Dowlah, when you left India, equal in point of splendor to what it was in the time of Sujah ul Dowlah?—A. By no means: it was not equally splendid, but far inferior.—Q. Were the dependants and officers belonging to the court paid in the same punctual manner?—A. No: I really cannot say whether they were paid more regularly in Sujah Dowlah's time, only they appeared more wealthy and more able to live in a splendid style in his time than they ever have done since his death."

Here, then, your Lordships see the state of the country in 1783. Your Lordships may trace the whole progress of these evils, step by step, from the death of Sujah ul Dowlah to the time of Mr. Hastings's obtaining a majority in the Council, after which he possessed the sole and uncontrolled management of the country; you have seen also the consequences that immediately followed till the year 1784, when he went up a second time into the country.

I do not know, my Lords, that it is necessary to make any observation upon this state of things. You see that the native authority was, as we have proved, utterly extinguished by Mr. Hastings, and that there was no superintendent power but his. You have heard of the oppressions of the farmers of the revenues; and we have shown you that these farmers generally were English officers. We have shown you in what manner Colonel Hannay, one of these farmers sent by Mr. Hastings, acted, and particularly the accumulation of hostages which were made by him. We have shown you, that by their arbitrary and tyrannical proceedings all regular government was subverted, and that the country experienced the last and most dreadful effects of anarchy. We have shown you that no other security was left to any human being, but to intrench themselves in such forts as they could make, and that these forts, in one district only of the country, had increased in number to the amount of seven hundred. Your Lordships also know, that, when the prisons and mud forts in which Colonel Hannay kept his hostages confined were full, he kept them in uncovered cages in the open air. You know that all these farmers of revenue were either English and military men, or natives under an abject submission to them; you know that they had the whole country in assignments, that the jaghires were all confiscated for their benefits; and you find that the whole system had its origin at the time when Mr. Hastings alone formed in effect the authority of the Supreme Council. The weakness of the Nabob, as Sir Eyre Coote tells you, could not have been alone the cause of these evils, and that our influence over him, if not actually the cause of the utter ruin, desolation, and anarchy of that country, might have been successfully exerted in preventing.

When your Lordships shall proceed to judgment upon these accumulated wrongs, arising out of the usurped power of the prisoner at your bar, and redressed by him in no one instance whatever, let not the usurpation itself of the Nabob's power be considered as a trivial matter. When any prince at the head of a great country is entirely stripped of everything in his government, civil or military, by which his rank may be distinguished or his virtues exercised, he is in danger of becoming a mere animal, and of abandoning himself wholly to sensual gratifications. Feeling no personal interest in the institutions or in the general welfare of the country, he suffers the former (and many wise and laudable institutions existed in the provinces of the Nabob, for their good order and government) to fall into disuse, and he leaves the country itself to persons in inferior situations, to be wasted and destroyed by them. You find that in Oude, the very appearance of justice had been banished out of it, and that every aumil exercised an arbitrary power over the lives and fortunes of the people. My Lords, we have the proofs of all these facts in our hands; they are in your Lordships' minutes; and though we can state nothing stronger than is stated in the papers themselves, yet we do not so far forget our duty as not to point out to your Lordships such observations as arise out of them.

To close the whole, your Lordships shall how hear read an extract from a most curious and extraordinary letter, sent by him to the Court of Directors, preparatory to his return to England.

"My only remaining fear is, that the members of the Council, seeing affairs through a different medium from that through which I view them, may be disposed, if not to counteract the system which I have formed, to withhold from it their countenance and active support. While I myself remain, it will be sufficient if they permit it to operate without interruption; and I almost hope, in the event of a new administration of your affairs which shall confine itself to the same forbearance, and manifest no symptoms of intended interference, the objects of my arrangements will be effectually attained; for I leave them in the charge of agents whose interests, ambition, and every prospect of life are interwoven with their success, and the hand of Heaven has visibly blest the soil with every elementary source of progressive vegetation: but if a different policy shall be adopted, if new agents are sent into the country and armed with authority for the purpose of vengeance or corruption, to no other will they be applied. If new demands are raised on the Nabob Vizier, and accounts overcharged on one side with a wide latitude taken on the other to swell his debt beyond the means of payment,—if political dangers are portended, to ground on them the pleas of burdening his country with unnecessary defences and enormous subsidies,—or if, even abstaining from direct encroachment on the Nabob's rights, your government shall show but a degree of personal kindness to the partisans of the late usurpation, or by any constructive indication of partiality and disaffection furnish ground for the expectation of an approaching change of system, I am sorry to say that all my labors will prove abortive; for the slightest causes will be sufficient to deject minds sore with the remembrance of past conflicts, and to elevate those whose only dependence is placed in the renewal of the confusion which I have labored with such zeal to eradicate, and will of course debilitate the authority which can alone insure future success. I almost fear that this denunciation of effects from causes so incompetent, as they will appear to those who have not had the experience which I have had of the quick sensibility which influences the habits of men placed in a state of polity so loose, and subject to the continual variations of capricious and despotic authority, will be deemed overcharged, or perhaps void of foundation; nor, if they should come to pass, will it be easy to trace them with any positive evidence to their connection: yet it is my duty to apprise you of what I apprehend, on grounds which I deem of absolute certainty, may come to pass; and I rely on your candor for a fair interpretation of my intention."

Here, my Lords, the prisoner at your bar has done exactly what his bitterest accuser would do: he goes through, head by head, every one of the measures which he had himself pursued in the destruction of the country; and he foretells, that, if any one of those measures should again be pursued, or even if good cause should be given to suspect they would be renewed, the country must fall into a state of inevitable destruction. This supersedes all observation. This paper is a recapitulated, minute condemnation of every step which he took in that country, and which steps, are every one of them upon your Lordships' minutes.

But, my Lords, we know very well the design of these pretended apprehensions, and why he wished to have that country left in the state he speaks of. He had left a secret agent of his own to control that ostensible government, and to enable him, sitting in the place where he now sits, to continue to govern those provinces in the way in which he now governs them.

[A murmur having arisen here, Mr. Burke proceeded.]

If I am called upon to reword what I have just said, I shall repeat my words, and show strong grounds and reasons to indicate that he governs Oude now as much as he ever did.

You see, my Lords, that the reform which he pretended to make in 1781 produced the calamities which he states to have existed in 1784. We shall now show that the reform which he pretended to make in 1784 brought on the calamities which Lord Cornwallis states in his evidence to have existed in 1787.

We will now read two letters from Lord Cornwallis: the first is dated the 16th November, 1787.

"I was received at Allahabad and attended to Lucknow by the Nabob and his ministers with every mark of friendship and respect. I cannot, however, express how much I was concerned, during my short residence at his capital, and my progress through his dominions, to be witness of the disordered state of his finances and government, and of the desolate appearances of his country. The evils were too alarming to admit of palliation, and I thought it my duty to exhort him, in the most friendly manner, to endeavor to apply effectual remedies to them. He began with urging as apology, that, whilst he was not certain of the expense [extent?] of our demands upon him, he had no real interest in being economical in his expenses, and that, while we interfered in the internal management of his affairs, his own authority and that of his ministers were despised by his own subjects. It would have been useless to discuss these topics with him; but while I repeated my former declarations of our being determined to give no ground in future for similar complaints, he gave me the strongest assurances of his being resolved to apply himself earnestly to the encouragement of agriculture, and to endeavor to revive the commerce of his country."

The second is dated the 25th April, 1788.

"Till I saw the Vizier's troops, I was not without hope that upon an emergency he would have been able to have furnished us with some useful cavalry; but I have no reason to believe that he has any in his service upon which it would be prudent to place any dependence; and I think it right to add, that his country appears to be in so ruined a state, and his finances in so much disorder, that even in case of war we ought not to depend upon any material support from him."

My Lords, I have only to remark upon these letters, that, so far as they go, they prove the effects of Mr. Hastings's reformation, from which he was pleased to promise the Company such great things. But when your Lordships know that he had left his dependant and minister, Hyder Beg Khân, there, whose character, as your Lordships will find by a reference to your minutes he has represented as black as hell, to be the real governor there, and to carry on private correspondence with him here, and that he had left Major Palmer, his private agent, for a considerable time in that country to carry on his affairs, your Lordships will easily see how it has come to pass that the Vizier, such a man as you have heard him described to be, was not alone able to restore prosperity to his country.