Volume 12 — SPEECH IN GENERAL REPLY. SIXTH DAY, WEDNESDAY, JUNE 11, 1794.

My Lords,—Your Lordships will recollect that we closed the last day of your proceeding in this trial at a most interesting part of our charge, or rather of our observations upon that charge. We closed at that awful moment when we found the first women of Oude pillaged of all their landed and of all their moneyed property, in short, of all they possessed. We closed by reciting to you the false pretence on which this pillage was defended, namely, that it was the work of the Nabob. Now we had before proved to you, from evidence adduced by the prisoner himself, that this Nabob was a mere tool in his hands; and therefore, if this pretence be true, it aggravates his guilt: for surely the forcing a son to violate the property of his mother must everywhere be considered a crime most portentous and enormous. At this point we closed; and after the detail which has been given you already of these horrible and iniquitous proceedings, some apology may perhaps be necessary for entering again into the refutation of this iniquitous pretence.

My honorable fellow Manager who preceded me in this business did, in his remarks upon the inference drawn by the prisoner's counsel from the seizure of the Begums' treasures by the Nabob, as evidence of their guilt, as he ought to do,—he treated it with proper contempt. I consider it, indeed, to be as little an evidence of their guilt as he does, and as little a defence of that seizure as he does. But I consider it in another and in a new light, namely, as a heavy aggravation of the prisoner's crimes, and as a matter that will let you into the whole spirit of his government; and I warn your Lordships against being imposed on by evasions, of which if it were possible for you to be the dupes, you would be unfit to be judges of the smallest matters in the world, civil or criminal.

The first observation which I shall beg leave to make to your Lordships is this, that the whole of the proceedings, from beginning to end, has been a mystery of iniquity, and that in no part of them have the orders of the Company been regarded, but, on the contrary, the whole has been carried on in a secret and clandestine manner.

It is necessary that your Lordships should be acquainted with the manner in which the correspondence of the Company's servants ought to be carried on and their proceedings regulated; your Lordships, therefore, will please to hear read the orders given concerning correspondence of every kind with the country powers. You will remember the period when these orders were issued, namely, the period at which the act passed for the better direction of the servants of the Company. By this act Mr. Hastings was appointed to be Governor-General, and the Court of Directors was required by that act to prepare orders and instructions, which Mr. Hastings was required by the same act to comply with. You will see what these instructions and orders were, and in what manner he has complied with them.

Extract of General Instructions to the Governor-General and Council, 29th of March, 1774.

"We direct that you assemble in Council twice every week, and that all the members be duly summoned; that the correspondence with the princes or country powers in India be carried on by the Governor-General only, but that all letters sent by him be first approved in Council, and that he lay before the Council, at their next meeting, all letters received by him in the course of such correspondence, for their information. We likewise direct that a copy of such parts of the country correspondence be communicated to our Board of Trade: (to be constituted as hereinafter mentioned) as may any ways relate to the business of their department."

You will observe, my Lords, two important circumstances in these instructions: first, that, after the board had regularly met, the Persian correspondence, kept by the Governor only, was to be communicated to the Council; and, secondly, that he should write no answer to any part of the business until he had previously consulted the Council upon it. Here is the law of the land,—an order given in pursuance of an act of Parliament. Your Lordships will consider how Mr. Hastings comported himself with regard to those orders: for we charge it as a substantive crime, independent of the criminal presumptions arising from it, that he violated an act of Parliament which imposed direct instructions upon him as to the manner in which he was to conduct all matters of business with the native powers.

My Lords, we contend strongly that all the positive rules and injunctions of the law, though they are merely positive, and do not contain anything but mere matters of regulation, shall be strictly observed. The reason is this, and a serious reason it is: official tyranny and oppression, corruption, peculation, and bribery are crimes so secret in their nature that we can hardly ever get to the proof of them without the assistance of rules, orders, and regulations of a positive nature, intended to prevent the perpetration of these crimes, and to detect the offender in case the crimes should be actually perpetrated. You ought, therefore, to presume, that, whenever such rules or laws are broken, these crimes are intended to be committed; for you have no means of security against the commission of secret crimes but by enforcing positive laws, the breach of which must be always plain, open, and direct. Such, for instance, is the spirit of the laws, that, although you cannot directly prove bribery or smuggling in a hundred cases where they have been committed, you can prove whether the proper documents, proper cockets, proper entries in regular offices have been observed and performed, or not. By these means you lock the door against bribery, you lock the door against corruption, against smuggling and contraband trade. But how? By falling upon and attacking the offence? No, by falling upon and attacking the breach of the regulation. You prove that the man broke the regulation, and, as he could have no other motive or interest in breaking it, you presume that he broke it fraudulently, and you punish the man not for the crime the regulation was meant to prevent, but you punish him for the breach of the regulation itself.

Next to the breach of these positive instructions, your Lordships will attend to the consequent concealment and mystery by which it was accompanied. All government must, to preserve its authority, be sincere in its declarations and authentic in its acts. Whenever in any matter of policy there is a mystery, you must presume a fraud; whenever in any matter of money there is concealment, you must presume misconduct: you must therefore affix your punishment to the breach of the rule; otherwise the conviction of public delinquents would be unattainable.

I have therefore put before you that rule which he has violated; and we, the Commons, call upon your Lordships to enforce that rule, and to avenge the breach of it. You have seen the consequences of breaking the rule; and we have charged and do charge it as a heavy aggravation of those consequences, that, instead of consulting the Council, instead of laying the whole correspondence before them, instead of consulting them upon his answers, he went himself up into the country, took his Majesty's chief-justice along with him, and made that person the instrument of those wrongs, violences, robberies, and concealments which we call upon your Lordships to punish.

My Lords, an extraordinary circumstance occurred in the course of our proceedings in another place, which I must state, to show you in what a horrible manner your laws have been trampled upon and despised. None of the proceedings which have been last stated to your Lordships respecting the seizure of the treasures of the Begums appear upon any public record whatever. From the manner in which they came to our knowledge, your Lordships will perceive what must have been the prisoner's own opinion of the horrible nature of proceedings which he thought so necessary to be concealed.

Whilst we were inquiring into the violences committed against the Begums, in breach of the treaty entered into with them, there came into my hands an anonymous letter containing a full account of all the matter which has lately been stated to you. It came anonymously; and I did not know from what quarter it came. I do not even know with certainty at this hour: I say, not with certainty, for I can only form a conjecture. This anonymous communication enabled us to produce all the correspondence with Mr. Middleton respecting the cruelties exercised towards the Begums and their eunuchs in order to extort money. We found the names of Major Gilpin and several other persons in these letters. We also found in them a strong fox smell of a Sir Elijah Impey, that his brush and crime had left behind him; we traced him by that scent; and as we proceeded, we discovered the footsteps of as many of the wolves as Mr. Hastings thought proper to leave there. We sent for and examined Mr. Middleton, and Major Gilpin produced his correspondence. When we applied to Mr. Middleton, we found that all this part of his correspondence had been torn out of his book; but having come at it by means of our anonymous communication, we subsequently proved and established it, in the manner we have done before your Lordships. Here, then, you have important matter which this anonymous letter has brought to light; and otherwise the whole of this correspondence, so essential to the interests and justice of Great Britain, would have been concealed by this wicked man. Thus, I say, his violation of a positive law would have remained undiscovered, if mere accident had not enabled us to trace this iniquity to its source. Therefore I begin our proceedings this day by stating to your Lordships this fact, and by calling upon your justice to punish him for this violation of the laws of his country.

We have told you who the instruments were by which all this wickedness was committed, Mr. Middleton and Mr. Johnson, persons who were sent as ambassadors to represent the interests of the Company at the court of an independent prince. Over this prince they usurped an absolute power; they even made use of British officers in his own service and receiving his pay, to enslave his person, and to force him to rob his kindred. These agents were aided by an English chief-justice, sent under the authority of an act of Parliament to represent the sovereign majesty of English justice, and to be a restraint upon the misconduct of the Company's servants. These are the instruments with which this man works. We have shown you his system; we have shown you his instruments: we will now proceed with the examination of the pretences upon which this horrid and nefarious act is attempted to be justified. We have not entered into this examination for the sake of refuting things that want no refutation, but for the purpose of showing you the spirit of the whole proceeding, and making it appear to your Lordships, as I trust it will appear, that the wicked act done there is not half so bad as the wicked defence made here.

The first part of Sir Elijah Impey's commission, as your Lordships will remember, was to seize upon the Begums' treasures. He had likewise another budget of instructions, which has been discovered in the trunks of which your Lordships have heard,—secret instructions to be given by him to Mr. Middleton for the furtherance of this business. And that his office of Chief-Justice should not lie dormant, he was commissioned to seek for affidavits or written testimony from any persons, for the purpose of convicting these women of a design of atrociously revolting against their son, and deposing him from the government, with a view of getting rid of the English inhabitants. This was the accusation; and the evidence to support it Sir Elijah Impey was sent to collect.

My Lords, I must here observe to your Lordships that there is no act of violence which, merely as an act of violence, may not in some sort be borne: because an act of violence infers no principle; it infers nothing but a momentary impulse of a bad mind, proceeding, without law or justice, to the execution of its object. For at the same time that it pays no regard to law, it does not debauch it, it does not wrest it to its purposes: the law disregarded still exists; and hope still exists in the sufferer, that, when law shall be resorted to, violence will cease, and wrongs will be redressed. But whenever the law itself is debauched, and enters into a corrupt coalition with violence, robbery, and wrong, then all hope is gone; and then it is not only private persons that suffer, but the law itself, when so corrupted, is often perverted into the worst instrument of fraud and violence; it then becomes most odious to mankind, and an infinite aggravation of every injury they suffer.

We have therefore in our charge strongly reprobated Sir Elijah Impey's going to take such affidavits. "Oh! but," they say, "a judge may take an affidavit in his chamber privately; and he may take an affidavit, though not exactly in the place of his jurisdiction, to authenticate a bond, or the like."—We are not to be cheated by words. It is not dirty shreds of worn-out parchments, the sweepings of Westminster Hall, that shall serve us in place of that justice upon, which the world stands. Affidavits! We know that in the language of our courts affidavits do not signify a body of evidence to sustain a criminal charge, but are generally relative to matter [matters?] in process collateral to the charge, which, not coming before the jury, are made known to the judge by way of affidavit.

But was it ever heard, or will it be borne, that a person exercising a judicial office under his Majesty should walk beyond the sphere of his jurisdiction,—that he should desert the station in which he was placed for the protection of the natives, and should march to such a place as Lucknow in order to take depositions for criminating persons in that country, without so much as letting these poor victims know one article in the depositions so taken? These depositions, my Lords, were made to criminate, they were meant to justify a forfeiture, and are not in the nature of those voluntary affidavits which, whether made within jurisdiction or without, whether made publicly or privately, signify comparatively nothing to the cause. I do not mean, to say that any process of any court has not its weight, when the matter is within it in the ordinary course of proceedings: it is the extraordinary course, the extrajudicial conduct, which divests it of that just weight it otherwise would have.

This chief-justice goes to Lucknow, where he holds his court, such as it was. He is ready to authenticate any process by the signature of the English chief-justice, in a court which he holds by night, in a court which he holds in darkness and secrecy. He holds his court in Fyzabad; he holds it, unknown to the Nabob of Oude, in his own capital, and without giving him the least knowledge of or any notice of what he was proceeding to do. He holds it at the lodgings of Colonel Morgan, a pensioner of the Nabob; and the person assisting him is Mr. Middleton, who is likewise, as we have proved to you, one of the Nabob's pensioners, a monopolizer of trade in the country, and a person who received much the major part of his emoluments from the Nabob's hands.

In that clandestine manner, in the Nabob's own house, in his own capital city, in the lodging of his dependant and pensioner, Colonel Morgan, with no other witness that we know of than Mr. Middleton, was this iniquitous, dark procedure held, to criminate the mother of the Nabob. We here see a scene of dark, mysterious contrivance: let us now see what is brought out in the face of open day. The attestations themselves, which you have seen on the record before you. They were brought out—where? there? No: they were brought out in another place; they were brought out at Calcutta,—but were never communicated to the Nabob. He never knew anything of the matter. Let us now see what those attestations were. Your Lordships will bear in mind that I do not advert to this thing, which they bring as evidence, in the way of imputation of its being weak, improper, and insufficient evidence, but as an incontrovertible proof of crimes, and of a systematic design to ruin the accused party, by force there and by chicane here: these are the principles upon which I am going to talk to you upon this abominable subject,—of which, I am sorry to say, I have no words sufficient to express my horror. No words can express it; nor can anything but the severity of your Lordships' judgments find an adequate expression of it. It is not to be expressed in words, but in punishment.

Having stated before whom the evidence collected in this body of affidavits was taken, I shall now state who the persons were that gave it. They were those very persons who were guilty of robbing and ruining the whole country: yes, my Lords, the very persons who had been accused of this in the mass by Mr. Hastings himself. They were nothing less than the whole body of those English officers who were usurping the office of farmers-general, and other lucrative offices in the Nabob's government, and whose pillage and peculations had raised a revolt of the whole kingdom against themselves. These persons are here brought in a mass to clear themselves of this charge by criminating other persons, and clandestinely imputing to them the effect of their own iniquity.

But supposing these witnesses to be good for anything, supposing it fit that the least attention should be paid them, the matter of their testimony may very possibly be true without criminating the Begum. It criminates Saadut Ali Khân, the brother of the Nabob; the word Begum is never mentioned in the crimination but in conjunction with his; and much the greater part of it criminates the Nabob himself. Now, my Lords, I will say, that the matter of these affidavits, forgetting who the deponents were, may possibly be true, as far as respects Saadut Ali Khân, but that it is utterly as improbable, which is the main point and the stress of the thing, with respect to the Begums, as it is impossible with respect to the Nabob. That Saadut Ali, being a military man, a man ambitious and aspiring to greatness, should take advantage of the abuses of the English government and of the discontent of the country, that he should, I say, raise a revolt against his brother is very possible; but it is scarcely within possibility that the mother of the Nabob should have joined with the illegitimate son against her legitimate son. I can only say that in human affairs there is the possibility of truth in this. It is possible she might wish to depose her legitimate son, her only legitimate son, and to depose him for the sake of a bastard son of her husband's,—to exalt him at the expense of the former, and to exalt, of course, the mother of that bastard at her own expense, and to her own wrong. But I say, that this, though possible, is grossly improbable. The reason why the Begum is implicated in this charge with Saadut Ali by the affidavits cannot escape your notice. Their own acquittal might be the only object of the deponents in their crimination of the latter; but the treasures of the former were the objects of their employers, and these treasures could not be come at but by the destruction of the Begums.

But, my Lords, there are other affidavits, or whatever your Lordships may call them, that go much further. In order to give a color to the accusation, and make it less improbable, they say that the Nabob himself was at the bottom of it, and that he joined with his brother and his mother to extirpate out of his dominions that horrible grievance, the English brigade officers,—those English officers who were the farmers-general, and who, as we have proved by Mr. Hastings's own evidence, had ruined the country. Nothing is more natural than that a man, sensible of his duty to himself and his subjects, should form a scheme to get rid of a band of robbers that were destroying his country and degrading and ruining his family. Thus you see a family compact naturally accounted for: the Nabob at the head of it, his mother joining her own son, and a natural brother joining in the general interests of the family. This is a possible case. But is this the case pressed by them? No: they pass lightly over the legitimate son; they scarcely touch upon Saadut Ali Khân; they sink the only two persons that could give probability or possibility to this business, and endeavor to throw the whole design upon these two unfortunate women.

Your Lordships see the wickedness and baseness of the contrivance. They first, in order to keep the whole family in terror, accuse the whole family; then, having possessed themselves of the treasures of the Begums upon another pretence, they endeavor to fix upon them that improbable guilt which they had with some degree of probability charged upon the whole family, as a farther justification of that spoliation. Your Lordships will see what an insult is offered to the Peers of Great Britain, in producing before you, by way of defence, such gross, scandalous, and fraudulent proceedings.

Who the first set of witnesses were which they produced before their knight-errant chief-justice, Sir Elijah Impey, who wandered in search of a law adventure, I have laid open to your Lordships. You have now had an account of the scandalous manufacture of that batch of affidavits which was in the budget of Sir Elijah Impey,—that Pandora's box which I have opened, and out of which has issued every kind of evil. This chief-justice went up there with the death-warrant of the Begums' treasures, and, for aught he knew, the death-warrant of their persons. At the same time that he took these affidavits he became himself a witness in this business; he appears as a witness. How? Did he know any one circumstance of the rebellion? No, he does not even pretend to do so. "But," says he, "in my travels I was obliged to avoid Fyzabad, upon account of the suspected rebellion there." Another chief-justice would have gone fifty miles about to avoid Lucknow, for everybody knows that Lucknow was the focus and centre of extortion, corruption, and peculation, and that a worse air for the lungs of a chief-justice could not be found in the world. If his lungs wanted the benefit of pure air, he would even have put himself in the focus of a rebellion, to have kept at a distance from the smell of carrion and putrid corruption of every kind that was at Lucknow. A chief-justice may go to a place where a rebellion is raging, he may die a martyr to his honor; but a chief-justice who puts himself into the focus of peculation, into the focus of bribery, into the focus of everything that is base and corrupt,—what can we expect from him but that he will be engaged in clandestine jobs there? The former might kill Sir Elijah Impey, the knight-errant, but the chief-justice would remain pure and entire; whereas Sir Elijah Impey has escaped from Lucknow, and the chief-justice is left by Mr. Hastings to shift for himself.

After mentioning this violation of the laws of hospitality by Sir Elijah Impey, I would ask, Was any notice given by him, or by any of Mr. Hastings's agents, to the Nabob, who was so immediately interested in this matter? Was any notice given to the Begums that any such charge was entertained against them? Not a word. Was it notified to the eunuchs? Was it to Saadut Ali Khân? Not a word. They were all within their power. The eunuchs were a year in irons, and they were subjected to the want of food and water for a part of that year. They were dragged from Fyzabad to Lucknow, and from Lucknow to Fyzabad. During all that time was there a word mentioned to them by any one person on the part of Mr. Hastings, that they were accused of this matter? Not a word.

We now submit to your Lordships' vindictive justice and condemnation this recriminatory defence, in which every principle of justice has been violated. And now I will ask your Lordships whether you would have suffered such a procedure in the case of the prisoner at your bar. It was asked by a person of great authority in this House, when we were going to produce certain evidence against Mr. Hastings, (we do not say whether we offered to produce it properly or improperly,—that is another matter,)—we were asked, I say, whether our intentions of producing that evidence had been communicated to Mr. Hastings. Had he had an opportunity of cross-examining the witnesses who had given that evidence? No, he added, that evidence must be rejected. Now I say to your Lordships, upon the same ground, deal with the Begums as you dealt with Mr. Hastings. Do not keep two weights and measures for different persons in the same cause. You would not suffer such evidence to be produced against him; you will not assuredly suffer such evidence to be produced to you in his favor and against them.

My Lords, the cause between this man and these unfortunate women is at last come into Westminster Hall; the cause is come to a solemn trial; and we demand other witnesses and other kinds of proof than what these affidavits furnish. My Lords, the persons who have been examined here are almost all of them the same persons who made these affidavits; but there is this material difference in their evidence: at your Lordships' bar they sunk all those parts of their former evidence which criminated the Nabob and Saadut Ali, and confined their testimony wholly to what related to the Begums. We were obliged, by a cross-examination, to squeeze out of them the disavowal of what they had deposed on the former occasion. The whole of their evidence we leave to the judgment of your Lordships, with these summary remarks: first, that they are the persons who were to profit by their own wrong; they are the persons who had seven months' arrears paid to them out of the money of these unfortunate ladies; they are the persons who, to justify the revolt which they had caused in the country by their robbery, charge their own guilt upon others. The credibility of their evidence is therefore gone. But if it were not affected by these circumstances, Mr. Hastings has put an end to it by telling you that there is not one of them who is to be credited upon his oath,—no, not in a court-martial; and can it, therefore, be expected that in a case of peculation they will do otherwise than acquit the party accused? He has himself laid before you the horrible state of the whole service; your Lordships have it fresh in your memories, and ringing in your ears. You have also heard from witnesses brought by Mr. Hastings himself, that these soldiers committed misdemeanors of the very same kind with those which we have stated. They ought not, therefore, to be listened to for a moment; and we aver that it is an aggravation of the prisoner's crimes, that he has brought the instruments of his guilt, the persons of whom he has complained as having ruined and destroyed that country, and whom he had engaged, at the Nabob's desire, in the treaty of Chunar, to send out of the country, as being a nuisance in it,—to bring, I say, these people here, to criminate, at a distance of nine thousand miles, these unfortunate women, where they have neither attorney or agent who can from local knowledge cross-examine them. He has the audacity to bring these people here; and in what manner they comport themselves, when they come here, your Lordships have seen.

There is one of them whom we cannot pass by: that is, Captain Gordon. The other witnesses, who appeared here as evidences to criminate the Begums, did it by rumors and hearsays. They had heard some person say that the Begums had encouraged rebellion, always coupling them with Saadut Ali Khân, and sometimes with the Nabob, because there might have been some probability for their charge in the transactions with Saadut Ali Khân, which, though impossible with regard to the Begums, they thought would implicate him [them?] in his designs. But Captain Gordon is to give a different account of the proceedings.

Captain Gordon was one of Colonel Hannay's under-farmers. He was hunted out of the country and, as one of the Begums says, pursued by a thousand of the zemindars, for robbing the whole country. This woman, through respect to the British name, that name which guarantied her possessions to her, receives this Captain Gordon and Captain Williams with every mark of kindness, hospitality, and protection, that could be given them. She conveys them from the borders to the city of Fyzabad, and from Fyzabad, her capital, supposed to be the nest of her rebellion, on to their place of destination. They both write her letters full of expressions of gratitude and kindness for the services that they had received. They then pass on to Lucknow to Sir Elijah Impey, and there they sink every word of kindness, of any service or protection that they had received, or of any acknowledgment that they had ever made of it. They sink all this: not one word of it appears in their affidavits.

How, then, did we come to the knowledge of it? We got it from Major Gilpin, who was examined in the course of these proceedings; and we used it in our charge, from the papers that we hold in our hands. Mr. Hastings has confessed the fact; and Mr. Middleton has endeavored to slur it over, but could not completely conceal it. We have established the fact, and it is in evidence before your Lordships.

You have now, then, in this manner, got these testimonials given by English officers in favor of these women; and by the same means the letters of the latter accusing the former are come to your hands: and now these same English officers come here with their recriminatory accusation. Now why did they not make it at Lucknow? Why did not Mr. Hastings, when Mr. Middleton had such papers for him in his hands, why, I ask, did not Mr. Hastings procure some explanation of the circumstances whilst he was in India? I will read your Lordships the letter, that you may not only know, but feel, the iniquity of this business.

Letter from the Mother of the Vizier to Mr. Hastings; received the 6th of January, 1782.

"Our situation is pretty well, and your good health is constantly prayed for. I had sent Behar Ali Khân to you. Accordingly people invented a falsehood, that Behar Ali Khân was gone to get the deputyship of the Subah; and some persons here were saying, 'Wherefore has she sent Behar Ali Khân to Calcutta to the Nabob Amaud ul Dowlah? We will never permit the affair to succeed.' And accordingly it has so happened. For they say that you also have not put your seal to the treaty: and the people here say, 'Why does the noble lady correspond with the English gentlemen?' On this account, I did not send a letter at the time when you came this way. Now the state of affairs here is thus. On the 27th Zehedja, Asoph ul Dowlah Banadur, without my knowledge, sent his own aumils into my jaghires. I accordingly wrote several times to Mr. Middleton on this business: that his seal was to the treaty and writing of discharge; why did he not negotiate in my favor? Mr. Middleton replied, 'The Nabob is the master.' I wrote frequently, but without effect. Being helpless, I represent to you the state of my affairs, that, notwithstanding the existence of this treaty, I have been treated in this manner. It is useless for me to stay here. Whatever is is a compact; whenever any one deviates from his compact, he meets with no credit for the future; and the light of mine eyes, Asoph ul Dowlah, wrote to me that he had sent his own aumils into my jaghires, and would pay ready money from his treasury. Reflect on my security for his adhering to his future engagements, from the consideration of his conduct under his past promises. I do not agree to his ready money. Let me have my jaghires as formerly; otherwise, leaving this place, I will wait on you at Benares, and thence will go towards Shahjehanabad, because he has not adhered to his engagement. Send letters to Asoph ul Dowlah, and to Mr. Middleton, and Hussein Reza Khân, and Hyder Beg Khân, not to molest the Begum's jaghires, and to let them remain, as formerly, with the Begum's aumils. And it is here suspected of me that my aumil plundered the property of Mr. John Gordon. The case is this. Mr. John Gordon arrived at Taunda, a jaghire of mine, fighting with the zemindars of Acberpore, which belongs to the Khalseh. Accordingly, Mr. John Gordon having come to Taunda, my aumil performed whatever appertained to his duty. Afterwards Mr. John Gordon wrote to me to send my people, that he might come with them to Fyzabad. I sent people accordingly to bring Mr. John Gordon, and the said gentleman arrived here in complete safety; and Mr. John Gordon is now present. Ask him yourself of these matters. Mr. John Gordon will represent matters in detail; the truth will then become known, how ill-founded the calumny is. Should you come here for a few days, it will be very well, and if not, I will wait on you; and your coming here is very necessary, that all my affairs may become arranged. And send a speedy answer to my letters, and a letter to Asoph ul Dowlah, and Mr. Middleton, and Hussein Reza Khân, and Hyder Beg Khân, on the subject of ceasing to molest my jaghires. And send me constantly news of your health, for my peace of mind depends thereon."

This letter was transmitted to Mr. Hastings. I desire your Lordships will remark upon this letter, for it is a most important one indeed. It is hardly worth observing that all this correspondence came out of the various trunks of which your Lordships have already heard, and that this letter is out of the trunk of Mr. Hastings's private Persian secretary and interpreter, Mr. Jonathan Scott. Now, my Lords, in this letter there are several things worthy of your Lordships' observation. The first is, that this woman is not conscious of having ever been accused of any rebellion: the only accusation that ever came to her ears was, that Captain Gordon said that his baggage had been robbed by one of her aumils. She denies the truth of this charge; and she produces testimonials of their good behavior to him; and, what is the essential point of all, she desires Mr. Hastings to apply to this Mr. John Gordon, and to know from him what truth or falsehood there is in that accusation, and what weight there is in the attestation she produces. "Mr. Gordon is now present," says she; "ask him yourself of these matters." This reasonable request was not complied with. Mr. Gordon swears before Sir Elijah Impey to the robbery; but he never mentions the paper he had written, in which he confessed that he owed his life to this very lady. No inquiry was made into this matter. Colonel Hannay was then alive. Captain Gordon was alive, and she refers to him: yet that very man was sworn before Sir Elijah Impey, and accuses his prisoner. Did the prisoner at your bar make that attestation known to the Begum, whose letter at that very time was in his possession, in Mr. Scott's trunk,—that very letter in which he is desired to make the inquiry from Captain Gordon?

Mr. Hastings is acquainted with the facts stated by the Begum, and with Captain Gordon's accusation. Did he afterwards inform her of this accusation? or did he ask this Captain Gordon one question in India, where the matter might be ventilated? Not one word, my Lords. Therefore we fix upon him fraud, deceit, and the production of false evidence, after the woman had desired to have the man who was the evidence against her examined upon the spot. This he does not do, but with much more prudence he brings him here. And for what? To discredit his own testimony, and the written evidence. And how does he discredit them? There are two of these papers, which I beg leave to read to your Lordships.

Copy of a Letter to Jewar and Behar Ali Khân, from Mr. Gordon.

"Sirs, my indulgent friends, remain under, &c., &c., &c. After compliments, I have the pleasure to inform you, that yesterday, having taken leave of you, I passed the night at Noorgunge, and next morning about ten or eleven o'clock, through your favor and benevolence, arrived safe at Goondah. Mir Aboo Buksh Zemindar and Mir Rustum Ali accompanied me.

"To what extent can I prolong the praises of you, my beneficent friends? May the Supreme Being, for this benign, compassionate, humane action, have you in His keeping, and increase your property, and speedily grant me the pleasure of an interview; until which time continue to favor me with friendly letters, and oblige me by any commands in my power to execute. May your wishes be ever crowned with success! My compliments," &c., &c., &c.

Copy of an Address from Mr. Gordon to the Begum.

"Begum Saib of exalted dignity and generosity, whom God preserve! After presenting the usual professions of servitude, &c., in the customary manner, my address is presented.

"Your gracious letter, in answer to the petition of your servant from Goondah, exalted me. From the contents, I became unspeakably impressed with the honor it conferred. May the Almighty protect that royal purity, and bestow happiness, increase of wealth, and prosperity! The welfare of your servant is entirely owing to your favor and benevolence; a few days have elapsed since I arrived at Goondah, with the Colonel Saib.

"This is presented for your Highness's information. I cherish hopes from your generosity, that, considering me in the light of one of your servants, you will always continue to exalt and honor me with your gracious letters. May the sun of prosperity continually shine!"

These acknowledgments of the Begum's friendly disposition and services were concealed, when the charge was made against this woman at Lucknow before Sir Elijah Impey: I wish to impress this upon your Lordships' mind; and that before Mr. Hastings left Bengal, in the trunk of Major Scott, his private Persian interpreter, was this letter. Did he make that inquiry of Captain Gordon? No. Did he make that inquiry of Colonel Hannay? Did he make any inquiry into the matter, after his perusal of these letters? Or did he give this poor woman any opportunity of obtaining justice against this Captain Gordon, who, after acknowledging that he owed his life to her favor, calumniates and traduces her to her utter destruction? No, he never did; and therefore he is chargeable, and I charge him, with everything that is wrongful in Captain Gordon's evidence.

These papers, which carry with them a clear refutation of all the charges against the Begum, are never once produced, though Captain Gordon was referred to expressly for inquiry and explanation of the whole transaction by the woman herself. You hear nothing of them; there is no appearance of them in the affidavits; no such papers were laid before the Supreme Council; none were transmitted to the Court of Directors: but at last the House of Commons having come at the truth of this matter, Mr. Hastings, not daring to deny the existence of these papers, brings Captain Gordon to be examined here, in order to prove that papers which he had himself written were false. Is this to be tolerated? What will your Lordships think of a man that comes to attest his own infamy,—to declare that he has written papers containing falsehoods, and to invalidate the false testimony which he had before given? Is he to be suffered, I say, to come here, and endeavor to prove the absolute falsity of his own deeds by his own evidence?

The next point for your Lordships' consideration is the evidence which he produces to prove the falsity of a paper written by himself. Why, he himself is the sole evidence. And how does he prove it? Why, says he, "The reason of my writing that letter was this: she had sent a person with me as an escort, and this person was desirous of receiving some proof that he had done his duty; and therefore I wrote a complaisant letter. I meant nothing by it. It was written merely to satisfy the mind of the man." Now is that the way in which formal and solemn letters, written upon great occasions to great people, are to be explained away? If he had said nothing but "Your servant, such a one, has done his duty," this explanation might pass. But you see it has another complexion. It speaks of his owing his life to her. But if you admit that it is possible (for possibilities have an unknown extent) that he wrote such a letter at such a time and for such a purpose, and that the letter he wrote was false, and that the falsity of the letter is proved by his own testimony given in an affidavit which we have also reason to believe is false, your Lordships must at the same time admit that it is one of the most complex pieces of fraud and falsehood that, I believe, ever existed in the world. But it is worse than all this. There is another letter, written some days after, which I will read to you, and which he has not pretended to say was written only to testify that a messenger had executed his commission properly.

"Your gracious letter," (he thus writes,) "in answer to the petition of your servant from Goondah, exalted me. From the contents, I became unspeakably impressed with the honor it conferred."

My Lords, this letter was not sent back by a messenger, in acknowledgment of his having done his duty, but was written in consequence of a correspondence in the nature of a petition for something or other which he made to the Begum. That petition they have suppressed and sunk. It is plain, however, that the petition had been sent, and was granted; and therefore the apology that is made for the former letter does not apply to this letter, which was written afterwards.

How, then, do they attempt to get rid of this difficulty? Why, says Captain Gordon, "The Colonel Saib (by whom was meant Colonel Hannay) was not at Goondah, as stated in the letter, but at Succara, about eighteen miles from it, and therefore you ought not to pay much regard to this paper." But he does not deny the letter, nor was it possible for him to deny it. He says Colonel Hannay was not there. But how do we know whether Colonel Hannay was there or not? We have only his own word for it. But supposing he was not there, and that it was clearly proved that he was eighteen miles distant from it, Major Naylor was certainly with Captain Gordon at the time. Might not his Persian scribe (for he does not pretend to say he wrote the letter himself) take Major Naylor for a colonel, (for he was the superior officer to Captain Gordon,) and think him the Colonel Saib? For errors of that kind may be committed in our own country. Every day we may take a major for a lieutenant-colonel. This was an error that might easily have happened in such a case. He was in as high rank as Colonel Hannay; for Colonel Hannay at that time was only a major. I do not believe either of them was properly entitled to the name of Colonel Saib. I am ashamed, my Lords, to be obliged to remark upon this prevarication. Their own endeavors to get rid of their own written acts by contradictory evidence and false constructions sufficiently clear these women of the crimes of which they were accused; and I may now ask the prisoner at your bar how he dares to produce Captain Gordon here, how he dares thus to insult the Peers, how he dares thus to insult the public justice of his country, after not having dared to inquire, upon the spot, of this man, to whom he was referred by the Begums for an account of this very transaction?

I hope your Lordships have got enough of this kind of evidence. All the rest is of the same batch, and of the same description,—made up of nothing but hearsays, except in one particular only. This I shall now mention to your Lordships. Colonel Popham and another gentleman have told you, that, in a battle with Cheyt Sing's forces, they took prisoners two wounded nudjeeves or swordsmen, and that these men told them that they were sent there by the Begums,—that they had got two rupees and two wounds, but that they thought two rupees a bad compensation for two wounds. These two men, with their two wounds and two rupees, had, however, been dismissed. It does not appear that this accident was considered by these officers to be of consequence enough to make them ever tell one word of it to Mr. Hastings, though they knew he was collecting evidence of the disaffection of the Begums, of all kinds, good, bad, and indifferent, from all sorts of persons.

My Lords, I must beg leave to say a few words upon this matter; because I consider it as one of the most outrageous violations of your Lordships' dignity, and the greatest insult that was ever offered to a court of justice. A nudjeeve is a soldier armed with a sword. It appears in evidence that the Nabob had several corps of nudjeeves in his service; that the Begums had some nudjeeves; and that Colonel Hannay had a corps of nudjeeves. It is well known that every prince in Hindostan has soldiers of that description,—in like manner, probably, as the princes of Europe have their guards. The whole, then, amounts to this: that a story told by two men who were wounded in an action far from the place from which they were supposed to come, who were not regularly examined, not cross-examined, not even kept for examination, and whose evidence was never reported, is to be a reason why you are to believe that these Begums were concerned in a rebellion against their son, and deserved to forfeit all their lands and goods, and to suffer the indignities that we have stated.

My Lords, I am really ashamed to mention so scandalous a thing; but let us put a case: let us suppose that we had accused Mr. Hastings of instigating the Rajah of Berar to fall upon some of the country powers, and that the evidence we produced at your bar to prove it was, that an officer had taken two nudjeeves, who declared they were instigated by Mr. Hastings to go into the service of that Rajah: could you bear such a thing? would you suffer such evidence to be produced? or do you think that we should have so little regard for our own reputation as to venture to produce such evidence before you? Again, we have charged Mr. Hastings with committing several acts of violence against the Begums. Let us suppose our proof to be, that two persons who never appeared before nor since, that two grenadiers in English uniforms, (which would be a great deal stronger than the case of the nudjeeves, because they have no particular uniform belonging to them,) that two English grenadiers, I say, had been taken prisoners in some action and let go again, who said that Mr. Hastings had instigated them to make war upon the Begums: would your Lordships suffer such evidence to be produced before you? No. And yet two of the first women in India are to be stripped of all they have in the world upon no better evidence than that which you would utterly reject. You would not disgrace the British peerage, you would not disgrace this court of justice, you would not disgrace human reason itself, by confiscating, on such evidence, the meanest property of the meanest wretch. You would not subject to the smallest fine for the smallest delinquency, upon such evidence. I will venture to say, that, in an action of assault and battery, or in an action for the smallest sum, such evidence would be scouted as odious and contemptible, even supposing that a perfect reliance might be placed upon its truth. And yet this is the sort of evidence upon which the property, the dignity, and the rank of some of the first persons in Asia are to be destroyed,—by which a British guaranty, and the honor and dignity of the crown of Great Britain, and of the Parliament itself, which sent out this man, are to be forfeited.

Observe, besides, my Lords, that the two swordsmen said they were sent by the Begums. Now they could not be sent by the Begums in their own person. This was a thing in India impossible. They might, indeed, have been sent by Jewar and Behar Ali Khân: and then we ask again, How came these ministers not to be called to an account at the time? Why were they not called upon for their muster-rolls of these nudjeeves? No, these men and women suffer the penalty, but they never hear the accusation nor the evidence.

But to proceed with the evidence of this pretended rebellion. Captain Williams has told your Lordships that he once had a great number of letters and papers to prove this rebellion of the Begums. But he declares that he has lost all these letters. A search was ordered to be made in Mr. Hastings's record-office, called a trunk; and accordingly in the trunk is found a paper worthy of such a place and such a cause. This letter, which has been made use of to criminate the Begums, has not their names mentioned, nor is there any possibility of their being included in it. By this paper which is preserved you may judge of the whole of the papers that are lost. Such a letter, I believe, was never before brought as evidence in a court of justice. It is a letter said to have been intercepted, and is as follows.

"To the most noble * * * * *, whose prosperity be everlasting!

"It is represented, that the august purwannah [command], having completed his honorable arrival on the 16th of the month in the evening, highly exalted me. It is ordered that I should charge Medeporee, and the other enrolled sepoys belonging to my district, and take bonds from them that none of them go for service to the Rajah; and that, when four or five hundred men, nudjeeves and others, are collected, I should send them to the presence. According to the order, I have written to Brejunekar Shah Rehemet Ullah, who is in Bhooaparah, charging him to take bonds from them, and that whatever sepoys fit for service are collected he should send to the presence. As at this time the wind is contrary, the sepoys will not * * * * without travelling charges; for I have learnt from a letter previously received from Brejunekar Shah Rehemet Ullah, that the people there also are badly inclined. By the grace of God, the unalterable glory shall be * * * * *. Zehan Beg and the nudjeeves who were in the fort of Aneelah have gone off to Goruckpore."

This is a letter of somebody or other employed by somebody or other for the recruiting service,—it should seem, by the word "presence," somebody employed in enlisting forces for the Nabob. The charge against the Begum was, that she had joined with the rebellious Rajahs to exterminate her son's government and the English influence in that country. In this very paper you see that the soldiers entering into that service, and officers who are to contract for soldiers, are expressly bound not to join the Rajahs; and this they produce as proof that the Begums had joined the Rajahs, and had joined them in a rebellion, for the purpose of exterminating their son, in the first instance, and the English afterwards.

There is another circumstance which makes their own acts the refutation of their false pretences. This letter says that the country is disaffected, and it mentions the ill-disposed parts of the country. Now we all know that the country was ill-disposed; and we may therefore conclude this paper was written by, and addressed to, some person who was employed against the persons so ill-disposed,—namely, the very Rajahs so mentioned before. The prisoner's counsel, after producing this paper, had the candor to declare that they did not see what use could be made of it. No, to be sure, they do not see what use can be made of it for their cause; but I see the use that can be made of it against their cause. I say that the lost papers, upon which they do so much insist, deserve no consideration, when the only paper that they have preserved operates directly against them; and that therefore we may safely infer, that, if we had the rest of the contents of this trunk, we should probably find them make as strongly against them as this paper does. You have no reason to judge of them otherwise than by the specimen: for how can you judge of what is lost but from what remains?

The man who hid these papers in his trunk never understood one word of the Persian language, and consequently was liable to every kind of mistake, even though he meant well. But who is this man? Why, it is Captain Williams,—the man who in his affidavits never mentioned the Begums without mentioning Saadut Ali. It is Captain Williams,—whom we charge to have murdered a principal man of the country by his own hand, without law or legal process. It is Captain Williams,—one of those British officers whom Mr. Hastings states to be the pests of the country. This is the man who comes here as evidence against these women, and produces this monstrous paper.

All the evidence they had produced to you amounts to no more than that such a man believes such a man heard of something; and to close the whole of this hearsay account, Sir Elijah Impey, who always comes in as a supplement, declares that no man doubted of the existence of this rebellion, and of the guilt of the Begums, any more than of the rebellion of 1745: a comparison which, I must say, is, by way of evidence, a little indecorous in a chief-justice of India. Your Lordships are sufficiently acquainted with the history of that rebellion to know, that, when Lord Lovat was tried at this bar, the proceedings against him were not founded on second-hand hearsay. The existence of the rebellion of 1745 was proved, notwithstanding its notoriety; but neither notoriety nor proof would have signified anything, if Lord Lovat's participation in it had not been brought home to him directly, personally, and particularly. Yet a chief-justice, sent to India to represent the sacred majesty of the crown of England, has gone so far as to say at your bar that no more doubt could be entertained of the existence either of the rebellion or the guilt of the Begums than of the rebellion in 1745. Besides, he forgets that he himself carried the order to confiscate these people's property without any trial whatever. But this is the way of proceeding by an English chief-justice in India,—a chief-justice who had rendered himself the instrument, the letter-carrier, the messenger, I had almost said the executioner of Mr. Hastings.

From this view of the whole matter your Lordships will form an estimate of the spirit of Indian government and Indian justice. But to blow away and to put an end to all their false pretences, their hearsays, and talk of nudjeeves, and wounds, and the like, I ask, Who is the first witness that we have produced upon this occasion? It is the Nabob himself, negativing all these pretences. Did he believe them? Not a word from him of any rebellion, actual or suspected. Sir Elijah Impey, indeed, said that he was obliged to wheel round, and to avoid that dangerous place, Fyzabad. His friends urged him to this. "For God's sake," say they, "have a reverend care of your sacred person! What will become of the justice of India, what will become of the natives, if you, their legitimate protector, should fall into the hands of these wicked, rebellious women at Fyzabad?" But although the Chief-Justice does this, the Nabob, whose deposition is said to be the first object of this rebellion, takes leave of Mr. Hastings at the very moment when it is raging in the highest possible degree, and gallops into its very focus.

And under what circumstances does he do this? He had brought some considerable forces with him. No man of his rank in that country ever goes without them. He left a part of these forces with Mr. Hastings, notwithstanding he was going into the centre of the rebellion. He then went on with a corps of about a thousand horse. He even left a part of these with Mr. Middleton, and galloped, attended by a few horse, into the very capital, where the Begums, we are told, had ten thousand armed men. He put himself into their power, and, not satisfied with this, the very first thing we hear of him after his arrival is, that he paid his mother a friendly visit,—thus rushing into the den of a lioness who was going to destroy her own whelp. Is it to be credited, my Lords, that a prince would act thus who believed that a conspiracy was formed against him by his own mother? Is it to be credited that any man would trust a mother who, contrary to all the rules of Nature and policy, had conspired to destroy her own son?

Upon this matter your Lordships have the evidence of Captain Edwards, who was aide-de-camp to the Nabob, who was about his person, his attendant at Chunar, and his attendant back again. I am not producing this to exculpate the Begums,—for I say you cannot try them here, you have not the parties before you, they ought to have been tried on the spot,—but I am going to demonstrate the iniquity of this abominable plot beyond all doubt: for it is necessary your Lordships should know the length, breadth, and depth of this mystery of iniquity.

Captain Edwards being asked,—"Whether he ever heard any native of credit and authority in the Nabob's dominions, who appeared to believe the rebellion of the Begums?—A. No, I never did.—Q. Have you any reason to believe that the Nabob gave credit to it?—A. I really cannot rightly presume to say whether the Nabob did or did not; but I am apt to believe that he did not.—Q. Have you any reason, and what, to form a belief about it?—A. I have. I think, if he supposed the rebellion, ever existed at Fyzabad, he would have been the first person to take and give the alarm to the British troops.—Q. And no such alarm was taken or given to the British troops?—A. No, I think not: as I was always about his person, and in the camp, I think I certainly must have known it or heard of it; but I never did."

We assure your Lordships, you will find upon your printed Minutes, that Captain Edwards says he was credibly informed that the Nabob left behind him a part of his guard of horse; and that, so desirous was he to go into the power of this cruel lioness, his mother, that he advanced, as he is a vigorous man, and a bold and spirited rider, leaving all his guards behind him, and rode before them into the middle of Fyzabad. There is some more evidence to the same purpose in answer to the question put next to that which I read before.

"Q. When you did hear of the rebellion, did not you understand it to have been alleged that one object of it was to dethrone the Nabob himself, as well as to extirpate the English?—A. I understood that the intention of the princesses, the Begums, was to extirpate the English troops out of the country and out of those dominions, and likewise to depose her son, and set another son, who seems to have been a greater favorite of that family, upon the throne, in the room of the present Nabob; and that son's name is Saadut Ali. I have only heard this from report. I have no other knowledge but mere report. I understood from the report, she was to extirpate the English, and depose her son who is now upon the throne.—Q. Was it after or before the seizing of the treasures, that you heard a circumstantial account of the supposed object of the rebellion?—A. The report was more general after the seizing of the treasures; but yet there were reports prevailing in the neighborhood that our troops were sent there in consequence of the charge that was made by Colonel Hannay and some of his officers of rebellion existing then at Fyzabad, or having existed, I cannot rightly say which.—Q. Was that report after the order for the troops to march to Fyzabad?—A. It was more general, it was very general then when the troops did march there, and more general after the seizing of the treasures.—Q. When did the troops first march?—A. It was some time in the month of January, I believe, in the year 1782.—Q. While you was with the Nabob in passing from Lucknow to Chunar, and while you was with him or the army returning from Chunar, did you then, out of the whole army, regular or irregular, ever hear of any report of the Begums being in rebellion?—A. No, I do not recollect I ever did.—Q. (Upon cross-examination.) Do you recollect at what time in August, 1781, you left Lucknow to proceed with the Nabob to Chunar?—A. No, I cannot rightly mention the date: all that I know is this, that I accompanied the Nabob, Mr. Middleton, and his attendants, all the way from Lucknow to Chunargur. I really cannot recollect; I have no notes, and it is so distant a time since that I do not recollect the particulars of the month or the day; but I recollect perfectly I accompanied the Nabob all the way from Lucknow to Chunar, and returned again with him until he struck off on the road for Fyzabad."

Your Lordships see plainly the whole of this matter. When they had resolved to seize the Begums' treasures, they propagated this report just in proportion to their acts. As they proceeded, the report grew hotter and hotter. This man tells you when it was that the propagation of this report first began, when it grew hot, and when it was in its greatest heat. He tells you that not one native of credit in the country believed it,—that he did not think the Nabob himself believed it; and he gives a reason that speaks for itself, namely, that he, the Nabob, would have been the first man to give the alarm, if he believed in a rebellion, as he was to be the object of it. He says the English were the principal spreaders of the report. It was, in fact, a wicked report, propagated by Mr. Middleton and the English agents for the purpose of justifying their iniquitous spoliation of the Begums.

This is the manner in which the matter stands upon the ground of rebellion, with the exception of Major Gilpin's and Hyder Beg Khân's testimony. This last man we have proved to have been kept in his office by Mr. Hastings's influence, and to have been entirely under his government. When this dependant comes to give his attestation, he gives a long account of all the proceedings of Cheyt Sing's rebellion, with which the rebellion charged on the Begums was supposed to be coincident; and he ends it very remarkably,—that he tells the whole truth, and nothing but the truth. But it is also remarkable, that even this Hyder Beg Khân never mentions by name the rebellion of the Begums, nor says that he ever heard a word about it: a strong proof that he did not dare, in the face of his country, to give countenance to such a falsehood.

Major Gilpin's evidence leaves not even the shadow of a pretence for this charge. He had the Begums and their eunuchs under his custody for a full year; he was strictly ordered to watch them and to guard them; and during all that time he lived at Fyzabad. He was the man who commanded the troops, who had all the witnesses in his power, who had daily access to all parties at Fyzabad, and who, moreover, was a person attached to Mr. Hastings in the strongest manner. Your Lordships will now be pleased to hear read to you this part of Major Gilpin's evidence.

"Q. Had you any opportunity of knowing the character of the Begums, and whether they were disaffected to our government?—A. I had a very good opportunity of knowing, from the circumstance of my having commanded so long there. The elder Begum, it was generally understood, (and I have reason to believe,) was disaffected to our government; and my sentiments of her conduct stand recorded in my correspondence to the court of Lucknow to that effect; but with respect to the Bhow Begum, I acquit her entirely of any disaffection to our government, so far as comes to my knowledge: appearances were for some time against her; but, on cool, deliberate inquiry, I found there was no ground for supposing her guilty of any rebellious principles, at the time of Cheyt Sing's rebellion.—Q. Whether that, according to your belief, is not your present opinion?—A. I think I have answered that very fully, that it was upon those very principles that I did form an opinion of her innocence; how far they are justifiable or right I will not take upon me to say upon oath; there was no one circumstance that came to my knowledge, during my residence at Fyzabad or my residence in India, that I would wish to withhold from your Lordships.—Q. You state here, 'upon cool, deliberate inquiry': what was that cool, deliberate inquiry?—A. That cool, deliberate inquiry was the conversations I had with the ministers and the people of Fyzabad, and the letters from herself expressing her innocence; and it appeared to me from those letters that she really was our friend and ally."

The same witness goes on afterwards to say:—

"Q. I understood you to say, that originally the report prevailed with respect to both the Begums, but that you was induced to alter that opinion with respect to the younger Begum, in consequence of Mr. Gordon's letters, and the intelligence of some of her ministers and other persons: were not those other persons in the interest of the younger Begum?—A. In general the town of Fyzabad were in her interest.—Q. In what sense do you mean generally in her interest? Were the persons you conversed with merely those who were in her service and household, or the inhabitants of Fyzabad in general?—A. Both: I held conversations with both her own body-servants and the inhabitants of the city."

A little lower down, in the same page:—

"Q. What do you mean by the word rebellion, as applied to the Begums? In what sense do you use it?—A. In raising troops, and in other acts of rebellion, in the common acceptation of the word.—Q. Against whom?—A. Against the Nabob's government and the British government jointly: but I beg to know the particular time and circumstance the question alludes to.—Q. I understand you to have said you understood the elder Begum was in a constant state of rebellion. In what sense do you use the word rebellion? Did you say the elder Begum was in a constant state of rebellion?—A. I always understood her to be disaffected to the English government: it might not be a proper expression of mine, the word rebellion.—Q. Do you know of any act by the elder Begum against the Vizier?—A. I cannot state any.—Q. Do you know of any act which you call rebellion, committed by the elder Begum against the Company?—A. I do not know of any particular circumstance, only it was generally supposed that she was disaffected to the Company.—Q. What acts of disaffection or hostility towards the English do you allude to, when you speak of the conversation of the world at the time?—A. I have answered that question as fully as I can,—that it was nothing but conversation,—that I knew of no particular act or deed myself."

This man, then, declares, as your Lordships have heard, that, upon cool, deliberate inquiry made at Fyzabad from all the inhabitants, he did not believe in the existence of any rebellion;—that as to the Bhow Begum, the grandmother, who was a person that could only be charged with it in a secondary degree, and as conspiring with the other, he says he knows no facts against her, except that at the battle of Buxar, in the year 1764, she had used some odd expressions concerning the English, who were then at war with her son Sujah Dowlah. This was long before we had any empire or pretence to empire in that part of India: therefore the expression of a rebellion, which he had used with regard to her, was, he acknowledged, improper, and that he only meant he had formed some opinion of her disaffection to the English.

As to the Begum, he positively acquits her of any rebellion. If he, therefore, did not know it, who was an active officer in the very centre of the alleged rebellion, and who was in possession of all the persons from whom information was to be got, who had the eunuchs in prison, and might have charged them with this rebellion, and might have examined and cross-examined them at his pleasure,—if this man knew nothing about it, your Lordships will judge of the falsehood of this wicked rumor, spread about from hand to hand, and which was circulated by persons who at the same time have declared that they never heard of it before Sir Elijah Impey went up into the country, the messenger of Mr. Hastings's orders to seize the treasures of the Begums, and commissioned to procure evidence in justification of that violence and robbery.

I now go to another part of this evidence. There is a person they call Hoolas Roy,—a man in the employment of the Resident, Mr. Middleton. The gentlemen who are counsel for the prisoner have exclaimed, "Oh! he was nothing but a news-writer. What! do you take any notice of him?" Your Lordships would imagine that the man whom they treat in this manner, and whose negative evidence they think fit to despise, was no better than the writers of those scandalous paragraphs which are published in our daily papers, to misrepresent the proceedings of this court to the public. But who in fact is this Hoolas Roy, whom they represent, for the convenience of the day, to be nothing but a news-writer? I will read to your Lordships a letter from Major Naylor to Colonel Jaques, commanding the second battalion, twentieth regiment.

"Sir,—Hoolas Roy, the person appointed by the Nabob for transacting the business for which the troops are required here, will hold constant communication and intercourse with you; and as he is instructed and acquainted with the best method to accomplish this business, Mr. Middleton requests implicit attention to be paid to what he may from time to time represent respecting the prisoners or the business on which he is employed; in short, as he is the person nominated by the Nabob, he wishes Hoolas Roy to be considered in the same light as if he himself was present."

Mr. Middleton, in a letter to Lieutenant Francis Rutledge, writes thus of him:—

"Sir,—When, this note is delivered to you by Hoolas Roy, I have to desire that you order the two prisoners to be put in irons, keeping them from all food, &c., agreeable to my instructions of yesterday."

You will first see in how confidential a manner Hoolas Roy was employed, and in what light he was held: that he was employed to carry some instructions which do not indeed appear, but were accompanied by an order from Mr. Middleton. "When these instructions shall come to you, to put these prisoners in irons and keep them without food, &c." The Begums say, without food and water. Et cetera are words of large import; but he was "to keep them without food, &c., agreeable to my instructions of yesterday." This was a pretty general warrant for sufferings. This Hoolas Roy, this mere news-writer, was not only intrusted with this warrant, but Mr. Middleton declares him to be a person who was to be received there, and to represent the Nabob, and very justly too; for he, Mr. Middleton, was undoubtedly the real nabob of the country. The man, therefore, whom they talk of in this contemptuous manner in order to make slight of an observation we made, and which I shall make again, and whom they affect to consider as a mere paragraph-monger in some scandalous newspaper, was a man vested by Mr. Middleton with authority equal to that of the Nabob himself.

Mr. Hastings not only thought him of consequence enough to be a witness to the severities used on the ministers of the Begums, but he considered that he would afterwards be a fit witness to the rebellion. I pray your Lordships to mark this: he sent for this Hoolas Roy, (who is now nothing but a mere paragraph-monger,)—he sent for him from Fyzabad to Benares,—a pretty long journey; and at last caused him to be examined before Sir Elijah Impey. He has, however, sunk his evidence: a suppression which is strongly in favor of the Begums, and equally strong against their accuser. Here we have a man who was intrusted with all their orders,—who represented the English government,—who represented the Nabob's government: this man is sent for by Mr. Hastings; he gives his deposition before Sir Elijah Impey; and the deposition so given is not to be found either upon the Company's record, in Sir Elijah Impey's trunk, in Jonathan Scott's trunk, nor in any other place whatever. The evidence of a witness who could speak most clearly, as probably he did, and most decisively, upon this subject, is sunk. They suppress, and dare not produce, the affidavit of the man who was at the bottom of every secret of both governments. They had the folly to let you know, obliquely, that he had been sent for by Mr. Hastings, but they conceal the information obtained from him: a silence more damning than any positive evidence could be. You have here a proof of their practice of producing such evidence only as they thought most favorable to their wicked purposes, in the destruction of this great and ancient family.

But all the English, they say, believed in the existence of this rebellion. This we deny. Mr. Purling, who was Resident the year before its pretended explosion, has told you that he never knew of anything like a plot carrying on by these women. We were almost ashamed to put the question to him. Did Mr. Bristow, the next Resident, know or believe in this plot? He seems, indeed, to have been induced to give some oblique hints to Mr. Hastings of improper conduct on the part of the Begums, but without stating what it was. In a letter to Mr. Hastings, he appears to endeavor to soften the cruel temper of this inflexible man by going a little way with him, by admitting that he thought they had behaved improperly. When Mr. Wombwell, another Resident, is asked whether any Englishman doubted of it, he says Mr. Bristow doubted of it. No one, indeed, who reads these papers, can avoid seeing that Mr. Bristow did not believe one word of it,—no more, in fact, than did Mr. Hastings, or anybody else.

But, my Lords, let us go from these inferior agents and servants of the Company to their higher officers. Did Mr. Stables believe it? This gentleman was Mr. Hastings's colleague in the Council,—a man of as much honor, I really believe, as ever went to India,—a faithful old servant of the Company, and very worthy of credit. I believe there is not a spot upon him during all his long service under the Company: if any, it is his being a little too obsequious, sometimes, to Mr. Hastings. Did he believe it? No, he did not: and yet he was one of the persons authorized to investigate it coolly, and most able to do so.

Upon the whole, then, the persons who best knew the state of the country did not believe it; the Nabob did not believe it; the Begums were never charged with it; no ground of suspicion is suggested, except loose rumors and the story of two nudjeeves. Under these circumstances the treasures of these ancient ladies were seized, their property confiscated, and the Nabob dragged most reluctantly to this act. Yes, my Lords, this poor, miserable victim was forced to violate all the laws of Nature, all decency, all property, to rob his own mother, for the benefit of Mr. Hastings. All this he was forced to do: he was made the reluctant instrument of punishing his mother and grandmother for a plot of which even their accusers do not pretend to say that the parties accused had ever received any intimation.

My Lords, in forming your judgment upon this nefarious proceeding, your Lordships will not fail to advert to the fundamental principles, the acknowledged maxims and established rules, of all judgment and justice,—that conviction ought to precede execution, that trial ought to precede conviction, and that a prosecutor's information and evidence ought to be the preliminary step and substance of the trial. Here everything was reversed: Sir Elijah Impey goes up with the order for execution; the party accused is neither arraigned nor tried; this same Sir Elijah then proceeds to seek for witnesses and to take affidavits; and in the mean time neither the Nabob, the ostensible prosecutor, nor his mother and grandmother, the parties accused, knew one word of the matter.

But possibly some peculiarity in the circumstances of the case rendered such a proceeding necessary, and may justify it. No such peculiarity has been proved or even alleged; nay, it is in the highest degree improbable that it could have existed. Mr. Hastings had another opportunity of doing himself justice. When an account of this business was transmitted to the Court of Directors, they ordered him to inquire into it: and your Lordships will see what he did in consequence of this order. Your Lordships will then judge of the extreme audacity of the defence which he has made of this act at your bar, after having refused to institute any inquiry into it, although, he had the positive order of the Court of Directors, and was in the place where that inquiry could be made effectually, and in the place where the unfortunate women could have an opportunity of clearing themselves.

I will first read to your Lordships an extract from the letter of the Court of Directors to the board at Calcutta, dated the 14th of February, 1783.

"4. By the second article of the treaty [of Chunar] the Nabob is permitted to resume such jaghires as he shall think proper, with a reserve, that all such jaghiredars, for the amount of whose jaghires the Company are guaranties, shall, in case of a resumption of their lands, be paid the amount of the net collections through the Resident.

"5. We do not see how the Governor-General could consent to the resumption of such lands as the Company had engaged should remain in the hands of those who possessed them previous to the execution of the late treaty, without stronger proofs of the Begums' defection than have been laid before us; neither can we allow it to be good policy to reduce the several jaghiredars, and thus uniting the territory, and the troops maintained for the protection of that territory, under one head, who, by that means, at some future period, may become a very powerful enemy to the Company.

"6. With respect to the resumption of the jaghires possessed by the Begums in particular, and the subsequent seizure of the treasure deposited with the Vizier's mother, which the Governor-General, in his letter to the board, 23d January, 1782, has declared he strenuously encouraged and supported, we hope and trust, for the honor of the British nation, that the measure appeared to be fully justified in the eyes of all Hindostan. The Governor-General has informed us that it can be well attested, that the Begums principally excited and supported the late commotions, and that they carried their inveteracy to the English nation so far as to aim at our utter extirpation.

"7. It must have been publicly known that in 1775 the Resident at the Vizier's court not only obtained from the Begum, widow of the late Sujah Dowlah, on the Nabob's account, thirty lacs of rupees, half of which was to be paid to the Company, but also the forbearance of twenty-six lacs, for the repayment of which she had security in land, on the Nabob's agreeing to renounce all further claims upon her, and that to this agreement the Company were guaranties.

"8. We find that on the 21st December, 1775, the Begum complained of a breach of engagements on the part of the Nabob, soliciting your protection for herself, her mother, and for all the women belonging to the seraglio of the late Nabob, from the distresses to which they were reduced; in consequence whereof it was agreed in consultation, 3d January, 1776, to remonstrate with the Vizier,—the Governor-General remarking, that, as the representative of our government has become an agent in this business, and has pledged the honor and faith of the Company for the punctual observance of the conditions under which the treaty was concluded, you had a right to interfere, and justice demanded it, if it should appear that those engagements have been violated. And the board at the same time resolved, that, as soon as the Begum's engagements with the Nabob, to which Mr. Bristow is a party, shall be fulfilled on her part, this government will think themselves bound to protect her against any further demand or molestation.

"9. If, therefore, the disaffection of the Begums was not a matter of public notoriety, we cannot but be alarmed for the effects which these subsequent transactions must have had on the minds of the natives of India. The only consolation we feel upon this occasion is, that the amount of those jaghires for which the Company were guaranties is to be paid through our Resident at the court of the Vizier; and it very materially concerns the credit of your government on no account to suffer such payments to be evaded.

"10. If it shall hereafter be found that the Begums did not take that hostile part against the Company which has been represented, as well in the Governor-General's Narrative as in several documents therein referred to,—and as it nowhere appears, from the papers at present in our possession, that they excited any commotion previous to the imprisonment of Rajah Cheyt Sing, but only armed themselves in consequence of that transaction,—and as it is probable that such a conduct proceeded entirely from motives of self-defence, under an apprehension that they themselves might likewise be laid under unwarrantable contributions,—we direct that you use your influence with the Vizier that their jaghires may be restored to them; but if they should be under apprehensions respecting the future conduct of the Vizier, and wish our further protection, it is our pleasure that you afford those ladies an asylum within the Company's territories, and there be paid the amount of the net collections of their jaghires, agreeably to the second article of the late treaty, through the medium of our Resident, as may be ascertained upon an average estimate of some years back."

You see, my Lords, the Directors had received every one of his false impressions. They had conceived an idea, that, after the rebellion of Cheyt Sing, (but not before, upon his own showing,) the Begums had shown a disposition to arm. They here assume a false fact, which Mr. Hastings stated in his representation of the business to them. They assume a variety of other false facts: they assume that the amount of the jaghires of the Begums were to be paid them in regular pensions; whereas they were totally confiscated, without any compensation at all. And yet, upon Mr. Hastings's own showing, they found the transaction to be so dishonorable to the British government, that they desire him to make inquiry into it, and give redress accordingly.

Here, then, is another order of the Company, another call upon Mr. Hastings to examine to the bottom of this affair. The Directors, after giving him credit for that enormous mass of falsehoods which we have proved him to have stated in his Narrative, found themselves so utterly dissatisfied, that they gave this conditional order to restore the Begums to their jaghires. Your Lordships will find it in evidence upon your minutes, that he contumaciously disobeyed this order,—that he would not consent to the propositions of the Council for inquiring into the conduct of these injured women, but stifled every attempt that was made by others to do them justice. And yet he here has the effrontery to propose that your Lordships should inquire into the business at your bar,—that you should investigate a matter here which he refused to inquire into on the spot, though expressly ordered by his masters so to do.

I will now read to your Lordships a short extract from his own narrative of his own proceedings. It begins with reciting part of a note entered by Mr. Macpherson in the Consultations of the Council, at the time when the orders of the Court of Directors which I have just alluded to were taken into consideration.

"What the Court of Directors seem to have most at heart are, first, that the engagement of the second article of the Benares treaty should be faithfully fulfilled,—and, secondly, to guard against the future misconduct of the Vizier, if he should be disposed to oppress the Begums; that we should therefore ascertain whether the amount of the jaghires of the Begums is regularly paid to them through the Company's Resident, and give them notice that no future demands shall be made upon them. This the Governor-General might, I think, do in a letter that would make the Begums sensible of their past misconduct, yet inform them of the lenity and gracious intentions of the Company, in ordering them an asylum in Bengal, in case of future distress."

In consequence of the foregoing opinion from Mr. Macpherson, the following minute was delivered by the Governor-General.

"I should gladly acquiesce in the motion made by Mr. Macpherson, if I thought it possible to frame a letter to the Begums in any terms which should at the same time convey the intimation proposed by it and not defeat the purpose of it, or be productive of evils greater than any which exist in consequence of the proceedings which have already taken place, and which time has almost obliterated. The orders of the Court of Directors are conditional; they require nothing, but in the event of discoveries made subsequent to the advices which were before you on the 14th February last, in alleviation of the former conduct of the Begums. Nothing has since appeared in relation to them, but their refusal, or rather that of one, to fulfil her engagements for the payment of the remainder of the sum exacted from her by the Nabob Vizier in the beginning of last year. Whatever obedience may be due to the clear ascertained spirit of the orders of the Court of Directors, this obligation cannot extend to points to which neither the letter nor evident spirit of their orders apply. If I am rightly informed, the Nabob Vizier and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it. It will be to little purpose to tell them that their conduct has, in our estimation of it, been very wrong, and at the same time to announce to them the orders of our superiors, which more than indicate the reverse. They will instantly take fire on such a declaration, proclaim the judgment of the Company in their favor, demand a reparation of the acts which they will construe wrongs with such a sentence warranting that construction,—and either accept the invitation, to the proclaimed scandal of the Vizier, which will not add to the credit of our government, or remain in his dominions, but not under his authority, to add to his vexations and the disorders of the country, by continual intrigues and seditions. Enough already exists to affect his peace, and the quiet of his people; if we cannot heal, let us not inflame the wounds which have been inflicted.

"If the Begums think themselves aggrieved to such a degree as to justify them in an appeal to a foreign jurisdiction,—to appeal to it against a man standing in the relation of son and grandson to them,—to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs,—let us at least permit them to be the judges of their own feelings, and prefer their complaints before we offer to redress them: they will not need to be prompted. I hope I shall not depart from the simplicity of official language, in saying, that the majesty of justice ought to be approached with solicitation, not descend to provoke or invite it, much less to debase itself by the suggestion of wrongs and the promise of redress, with the denunciation of punishment before trial, and even before accusation."

My Lords, if, since the beginning of the world, such a paper as this was ever before written by a person standing in the relation of a servant to his master, I shall allow that every word we have said to your Lordships upon this occasion to mark his guilt ought to be expunged from your minutes and from our charges.

Before I proceed to make any observations upon this act of open rebellion against his superiors, I must beg your Lordships to remark the cruelty of purpose, the hostile feeling, towards these injured women, which were displayed in this daring defiance. Your Lordships will find that he never is a rebel to one party without being a tyrant to some others; that rebel and tyrant are correlative terms, when applied to him, and that they constantly go together.

It is suggested by the Directors, that the Nabob is the persecutor, the oppressor, and that Mr. Hastings is the person who is to redress the wrong. But here they have mistaken the matter totally. For we have proved to your Lordships that Mr. Hastings was the principal in the persecution, and that the Nabob was only an instrument. "If I am rightly informed," he says, "the Nabob and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it." What animosities had they towards each other? None that we know of. Mr. Hastings gets the Nabob to rob his mother; and then he supposes, contrary to truth, contrary to fact, contrary to everything your Lordships have heard, that the Nabob would fall into a fury, if his mother was to obtain any redress,—and that, if the least inquiry into this business was made, it would create a flame in the Nabob's mind, on account of the active, energetic, spirited part he had taken in these transactions. "Therefore," says he, "oh, for God's sake, soothe the matter! It is a green wound; don't uncover it; do nothing to irritate. It will be to little purpose to tell them that their conduct has in our estimation of it been very wrong, and at the same time announce to them the orders of our superiors, which more than indicate the reverse." Now, my Lords, to what does all this amount? "First," says he, "I will not do them justice,—I will not enter upon an inquiry into their wrongs." Why? "Because they charge us with having inflicted them." Then, surely, for that reason, you ought to commence an inquiry. "No," says he, "that would be telling them that our superiors suspect we are in the wrong." But when his superiors more than indicated suspicions, was he not bound tenfold to make that inquiry, for his honor and for their satisfaction, which they direct him to make? No, he will not do it, "because," says he, "the Begums would either accept the offer of an asylum in the Company's territories, to the proclaimed scandal of the Vizier, which would not add to the credit of our government, or they would remain in his dominions, but not under his authority, to add to his vexations, and the disorders of the country, by continual intrigues and seditions."

You see, my Lords, this man is constantly thrusting this peaceable Nabob before him; goading and pushing him on, as if with a bayonet behind, to the commission of everything that is base and dishonorable. You have him here declaring that he will not satisfy the Directors, his masters, in their inquiries about those acts, for fear of the Nabob's taking umbrage, and getting into a flame with his mother,—and for fear the mother, supported by the opinion of the Directors, should be induced to resent her wrongs. What, I say, does all this amount to? It amounts to this:—"The Begums accuse me of doing them injustice; the Directors indicate a suspicion that they have been injured; therefore I will not inquire into the matter." Why? "Because it may raise disturbances." But what disturbance could it raise? The mother is disarmed, and could not hurt the Nabob. All her landed estates he knew were confiscated; he knew all her money was in his own possession; he knew she had not the means, if she had been disposed, to create intrigues and cabals;—what disturbance, then, could be created by his sending a letter to know what she had to say upon the subject of her wrongs?