The Works of the Right Honourable Edmund Burke Volume X Part 15

He goes on to say (and the threat is indeed alarming) that by calling him to account they may provoke him--to what? "To appropriate," he says, "to my own use the sums which I have already pa.s.sed to your credit, by the unworthy and, pardon me, if I add, dangerous, reflections which you have pa.s.sed upon me for the first communication of this kind." They pa.s.sed no reflections: they said they would neither praise nor blame him, but pressed him for an account of a matter which they could not understand: and I believe your Lordships understand it no more than they, for it is not in the compa.s.s of human understanding to conceive or comprehend it. Instead of an account of it, he dares to threaten them: "I may be tempted, if you should provoke me, not to be an honest man,--to falsify your account a second time, and to reclaim those sums which I have pa.s.sed to your credit,--to alter the account again, by the a.s.sistance of Mr. Larkins." What a dreadful declaration is this of his dominion over the public accounts, and of his power of altering them! a declaration, that, having first falsified those accounts in order to deceive them, and afterwards having told them of this falsification in order to gain credit with them, if they provoke him, he shall take back the money he had carried to their account, and make them his debtors for it! He fairly avows the dominion he has over the Company's accounts; and therefore, when he shall hereafter plead the accounts, we shall be able to rebut that evidence, and say, "The Company's accounts are corrupted by you, through your agent, Mr. Larkins; and we give no credit to them, because you not only told the Company you could do so, but we can prove that you have actually done it." What a strange medley of evasion, pretended discovery, real concealment, fraud, and prevarication appears in every part of this letter!

But admitting this letter to have been written upon the 22d of May, and kept back to the 16th of December, you would imagine that during all that interval of time he would have prepared himself to give some light, some ill.u.s.tration of these dark and mysterious transactions, which carried fraud upon the very face of them. Did he do so? Not at all. Upon the 16th of December, instead of giving them some such clear accounts as might have been expected, he falls into a violent pa.s.sion for their expecting them; he tells them it would be dangerous; and he tells them they knew who had profited by these transactions: thus, in order to strike terror into their b.r.e.a.s.t.s, hinting at some frauds which they had practised or protected. What weight this may have had with them I know not; but your Lordships will expect in vain, that Mr. Hastings, after giving four accounts, if any one of which is true, the other three must necessarily be false,--after having thrown the Company's accounts into confusion, and being unable to tell, as he says himself, why he did so,--will at last give some satisfaction to the Directors, who continued, in a humble, meek way, giving him hints that he ought to do it.--You have heard nothing yet but the consequences of their refusing to give him the present of a hundred thousand pounds, which he had taken from the Nabob. They did right to refuse it to him; they did wrong to take it to themselves.

We now find Mr. Hastings on the river Ganges, in September, 1784,--that Ganges whose purifying water expiates so many sins of the Gentoos, and which, one would think, would have washed Mr. Hastings's hands a little clean of bribery, and would have rolled down its golden sands like another Pactolus. Here we find him discovering another of his bribes.

This was a bribe taken upon totally a different principle, according to his own avowal: it is a bribe not pretended to be received for the use of the Company,--a bribe taken absolutely entirely for himself. He tells them that he had taken between thirty and forty thousand pounds. This bribe, which, like the former, he had taken without right, he tells them that he intends to apply to his own purposes, and he insists upon their sanction for so doing. He says, he had in vain, upon a former occasion, appealed to their honor, liberality, and generosity,--that he now appeals to their justice; and insists upon their decreeing this bribe--which he had taken without telling them from whom, where, or on what account--to his own use.

Your Lordships remember, that in the letter which he wrote from Patna, on the 20th of January, 1782, he there states that he was in tolerable good circ.u.mstances, and that this had arisen from his having continued long in their service. Now, he has continued two years longer in their service, and he is reduced to beggary! "This," he says, "is a single example of a life spent in the acc.u.mulation of crores for your benefit, and doomed in its close to suffer the extremity of private want, and to sink in obscurity."

So far back as in 1773 he thought that he could save an exceeding good fortune out of his place. In 1782 he says, with grat.i.tude, that he has made a decent private competency; but in two years after he sunk to the extremity of private want. And how does he seek to relieve that want? By taking a bribe: bribes are no longer taken by him for the Company's service, but for his own. He takes the bribe with an express intention of keeping it for his own use, and he calls upon the Company for their sanction. If the money was taken without right, no claim of his could justify its being appropriated to himself: nor could the Company so appropriate it; for no man has a right to be generous out of another's goods. When he calls upon their justice and generosity, they might answer, "If you have a just demand upon our treasury, state it, and we will pay it; if it is a demand upon our generosity, state your merits, and we will consider them." "But I have paid myself by a bribe; I have taken another man's money; and I call upon your justice--to do what? to restore it to its owner? no--to allow me to keep it myself." Think, my Lords, in what a situation the Company stands! "I have done a great deal for you; this is the jackal's portion; you have been the lion; I have been endeavoring to prog for you; I am your bribe-pander, your factor of corruption, exposing myself to every kind of scorn and ignominy, to insults even from you. I have been preying and plundering for you; I have gone through every stage of licentiousness and lewdness, wading through every species of dirt and corruption, for your advantage.

I am now sinking into the extremity of private want; do give me this--what? money? no, this bribe; rob me the man who gave me this bribe; vote me--what? money of your own? that would be generous: money you owe me? that would be just: no, money which I have extorted from another man; and I call upon your justice to give it me." This is his idea of justice. He says, "I am compelled to depart from that liberal plan which I originally adopted, and to claim from your justice (for you have forbid me to appeal to your generosity) the discharge of a debt which I can with the most scrupulous integrity aver to be justly due, and which I cannot sustain." Now, if any of the Company's servants may say, "I have been extravagant, profuse,--it was all meant for your good,--let me prey upon the country at my pleasure,--license my bribes, frauds, and peculations, and then you do me justice,"--what country are we in, where these ideas are ideas of generosity and justice?

It might naturally be expected that in this letter he would have given some account of the person from whom he had taken this bribe. But here, as in the other cases, he had a most effectual oblivion; the Ganges, like Lethe, causes a drowsiness, as you saw in Mr. Middleton; they recollect nothing, they know nothing. He has not stated, from that day to this, from whom he took that money. But we have made the discovery.

And such is the use of Parliamentary inquiries, such, too, both to the present age and posterity, will be their use, that, if we pursue them with the vigor which the great trust justly imposed upon us demands, and if your Lordships do firmly administer justice upon this man's frauds, you will at once put an end to those frauds and prevarications forever.

Your Lordships will see, that, in this inquiry, it is the diligence of the House of Commons, which he has the audacity to call _malice_, that has discovered and brought to light the frauds which we shall be able to prove against him.

I will now read to your Lordships an extract from that stuff, called a defence, which he has either written himself or somebody else has written for him, and which he owns or disclaims, just as he pleases, when, under the slow tortures of a Parliamentary impeachment, he discovered at length from whom he got this last bribe.

"The last part of the charge states, that, in my letter to the Court of Directors of the 21st February, 1784, I have confessed to have received another sum of money, the amount of which is not declared, but which, from the application of it, could not be less than thirty-four thousand pounds sterling, &c. In the year 1783, when I was actually in want of a sum of money for my private expenses, owing to the Company not having at that time sufficient cash in their treasury to pay my salary, I borrowed three lacs of rupees of Rajah n.o.bkissin, an inhabitant of Calcutta, whom I desired to call upon me with a bond properly filled up. He did so; but at the time I was going to execute it he entreated I would rather accept the money than execute the bond. I neither accepted the offer nor refused it; and my determination upon it remained suspended between the alternative of keeping the money, as a loan to be repaid, and of taking it, and applying it, as I had done other sums, to the Company's use. And there the matter rested till I undertook my journey to Lucknow, when I determined to accept the money for the Company's use; and these were my motives. Having made disburs.e.m.e.nts from my own cash for services, which, though required to enable me to execute the duties of my station, I had hitherto omitted to enter into my public accounts, I resolved to reimburse myself in a mode most suitable to the situation of the Company's affairs, by charging these disburs.e.m.e.nts in my durbar accounts of the present year, and crediting them by a sum privately received, which was this of n.o.bkissin's. If my claim on the Company were not founded in justice, and _bona fide_ due, my acceptance of three lacs of rupees from n.o.bkissin by no means precludes them from recovering that sum from me. No member of this Honorable House suspects me, I hope, of the meanness and guilt of presenting false accounts."

We do not _suspect_ him of presenting false accounts: we can prove, we are now radically proving, that he presents false accounts. We suspect no man who does not give ground for suspicion; we accuse no man who has not given ground for accusation; and we do not attempt to bring before a court of justice any charges which we shall not be able decisively to prove. This will put an end to all idle prattle of malice, of groundless suspicions of guilt, and of ill-founded charges. We come here to bring the matter to the test, and here it shall be brought to the test, between the Commons of Great Britain and this East India delinquent. In his letter of the 21st of February, 1784, he says he has never benefited himself by contingent accounts; and as an excuse for taking this bribe from n.o.bkissin, which he did not discover at the time, but many years afterwards, at the bar of the House of Commons, he declares that he wanted to apply it to the contingent account for his expenses, that is, for what he pretended to have laid out for the Company, during a great number of years. He proceeds:--

"If it should be objected, that the allowance of these demands would furnish a precedent for others of the like kind, I have to remark, that in their whole amount they are but the aggregate of a contingent account of twelve years; and if it were to become the practice of those who have pa.s.sed their prime of life in your service, and filled, as I have filled it, the first office of your dominion, to glean from their past accounts all the articles of expense which their inaccuracy or indifference hath overlooked, your interests would suffer infinitely less by the precedent than by a single example of a life spent in the acc.u.mulation of crores for your benefit and doomed in its close to suffer the extremity of private want and to sink in obscurity."

Here is the man that has told us at the bar of the House of Commons that he never made up any contingent accounts; and yet, as a set-off against this bribe, which he received for himself, and never intended to apply to the current use of the Company, he feigns and invents a claim upon them, namely, that he had, without any authority of the Company, squandered away in stationery and budgeros, and other idle services, a sum amounting to 34,000_l._ But was it for the Company's service? Is this language to be listened to? "Everything I thought fit to expend I have expended for the Company's service. I intended, indeed, at that time, to have been generous. I intended out of my own pocket to have paid for a translation of the code of Gentoo laws. I was then in the prime of my life, flowing in money, and had great expectations: I am now old; I cannot afford to be generous: I will look back into all my former accounts, pen, ink, wax, everything that I generously or prodigally spent as my own humor might suggest; and though, at the same time, I know you have given me a n.o.ble allowance, I now make a charge upon you for this sum of money, and intend to take a bribe in discharge of it."

Now suppose Lord Cornwallis, who sits in the seat, and I hope will long, and honorably and worthily, fill the seat, which that gentleman possessed,--suppose Lord Cornwallis, after never having complained of the insufficiency of his salary, and after having but two years ago said he had saved a sufficient competency out of it, should now tell you that 30,00_l._ a year was not enough for him, and that he was sinking into want and distress, and should justify upon that alleged want taking a bribe, and then make out a bill of contingent expenses to cover it, would your Lordships bear this?

Mr. Hastings has told you that he wanted to borrow money for his own use, and that he applied to Rajah n.o.bkissin, who generously pressed it upon him as a gift. Rajah n.o.bkissin is a banian: you will be astonished to hear of generosity in a banian; there never was a banian and generosity united together: but n.o.bkissin loses his banian qualities at once, the moment the light of Mr. Hastings's face beams upon him.

"Here," says Mr. Hastings, "I have prepared bonds for you."

"Astonishing! how can you think of the meanness of bonds? You call upon me to lend you 34,000_l._, and propose bonds? No, you shall have it: you are the Governor-General, who have a large and ample salary; but I know you are a generous man, and I emulate your generosity: I give you all this money." n.o.bkissin was quite shocked at Mr. Hastings's offering him a bond. My Lords, a Gentoo banian is a person a little lower, a little more penurious, a little more exacting, a little more cunning, a little more money-making, than a Jew. There is not a Jew in the meanest corner of Duke's Place in London that is so crafty, so much a usurer, so skilful how to turn money to profit, and so resolved not to give any money but for profit, as a Gentoo broker of the cla.s.s I have mentioned.

But this man, however, at once grows generous, and will not suffer a bond to be given to him; and Mr. Hastings, accordingly, is thrown into very great distress. You see sentiment always prevailing in Mr.

Hastings. The sentimental dialogue which must have pa.s.sed between him and a Gentoo broker would have charmed every one that has a taste for pathos and sentiment. Mr. Hastings was pressed to receive the money as a gift. He really does not know what to do: whether to insist upon giving a bond or not,--whether he shall take the money for his own use, or whether he shall take it for the Company's use. But it may be said of man as it is said of woman: the woman who deliberates is lost: the man that deliberates about receiving bribes is gone. The moment he deliberates, that moment his reason, the fortress, is lost, the walls shake, down it comes,--and at the same moment enters n.o.bkissin into the citadel of his honor and integrity, with colors flying, with drums beating, and Mr. Hastings's garrison goes out, very handsomely indeed, with the honors of war, all for the benefit of the Company. Mr. Hastings consents to take the money from n.o.bkissin; n.o.bkissin gives the money, and is perfectly satisfied.

Mr. Hastings took the money with a view to apply it to the Company's service. How? To pay his own contingent bills. "Everything that I do,"

says he, "and all the money I squander, is all for the Company's benefit. As to particulars of accounts, never look into them; they are given you upon honor. Let me take this bribe: it costs you nothing to be just or generous. I take the bribe: you sanctify it." But in every transaction of Mr. Hastings, where we have got a name, there we have got a crime. n.o.bkissin gave him the money, and did not take his bond, I believe, for it; but n.o.bkissin, we find, immediately afterwards enters upon the stewardship or management of one of the most considerable districts in Bengal. We know very well, and shall prove to your Lordships, in what manner such men rack such districts, and exact from the inhabitants the money to repay themselves for the bribes which had been taken from them. These bribes are taken under a pretence of the Company's service, but sooner or later they fall upon the Company's treasury. And we shall prove that n.o.bkissin, within a year from the time when he gave this bribe, had fallen into arrears to the Company, as their steward, to the amount of a sum the very interest of which, according to the rate of interest in that country, amounted to more than this bribe, taken, as was pretended, for the Company's service. Such are the consequences of a banian's generosity, and of Mr. Hastings's grat.i.tude, so far as the interest of the country is concerned; and this is a good way to pay Mr. Hastings's contingent accounts. But this is not all: a most detestable villain is sent up into the country to take the management of it, and the fortunes of all the great families in it are given entirely into his power. This is the way by which the Company are to keep their own servants from falling into "the extremity of private want." And the Company itself, in this pretended saving to their treasury by the taking of bribes, lose more than the amount of the bribes received. Wherever a bribe is given on one hand, there is a balance accruing on the other. No man, who had any share in the management of the Company's revenues, ever gave a bribe, who did not either extort the full amount of it from the country, or else fall in balance to the Company to that amount, and frequently both. In short, Mr. Hastings never was guilty of corruption, that blood and rapine did not follow; he never took a bribe, pretended to be for their benefit, but the Company's treasury was proportionably exhausted by it.

And now was this scandalous and ruinous traffic in bribes brought to light by the Court of Directors? No: we got it in the House of Commons.

These bribes appear to have been taken at various times and upon various occasions; and it was not till his return from Patna, in February, 1782, that the first communication of any of them was made to the Court of Directors. Upon the receipt of this letter, the Court of Directors wrote back to him, requiring some further explanation upon the subject.

No explanation was given, but a communication of other bribes was made in his letter, said to be written in May of the same year, but not dispatched to Europe till the December following. This produced another requisition from the Directors for explanation. And here your Lordships are to observe that this correspondence is never in the way of letters written and answers given; but he and the Directors are perpetually playing at hide-and-seek with each other, and writing to each other at random: Mr. Hastings making a communication one day, the Directors requiring an explanation the next; Mr. Hastings giving an account of another bribe on the third day, without giving any explanation of the former. Still, however, the Directors are pursuing their chase. But it was not till they learned that the committees of the House of Commons (for committees of the House of Commons had then some weight) were frowning upon them for this collusion with Mr. Hastings, that at last some honest men in the Direction were permitted to have some ascendency, and that a proper letter was prepared, which I shall show your Lordships, demanding from Mr. Hastings an exact account of all the bribes that he had received, and painting to him, in colors as strong at least as those I use, his bribery, his frauds, and peculations,--and what does them great honor for that moment, they particularly direct that the money which was taken from the Nabob of Oude should be carried to his account. These paragraphs were prepared by the Committee of Correspondence, and, as I understand, approved by the Court of Directors, but never were sent out to India. However, something was sent, but miserably weak and lame of its kind; and Mr. Hastings never answered it, or gave them any explanation whatever. He now, being prepared for his departure from Calcutta, and having finished all his other business, went up to Oude upon a chase in which just now we cannot follow him. He returned in great disgust to Calcutta, and soon after set sail for England, without ever giving the Directors one word of the explanation which he had so often promised, and they had repeatedly asked.

We have now got Mr. Hastings in England, where you will suppose some satisfactory account of all these matters would be obtained from him.

One would suppose, that, on his arrival in London, he would have been a little quickened by a menace, as he expresses it, which had been thrown out against him in the House of Commons, that an inquiry would be made into his conduct; and the Directors, apprehensive of the same thing, thought it good gently to insinuate to him by a letter, written by whom and how we do not know, that he ought to give some explanation of these accounts. This produced a letter which I believe in the business of the whole world cannot be paralleled: not even himself could be his parallel in this. Never did inventive folly, working upon conscious guilt, and throwing each other totally in confusion, ever produce such a false, fraudulent, prevaricating letter as this, which is now to be given to you.

You have seen him at Patna, at Calcutta, in the country, on the Ganges: now you see him at the waters at Cheltenham; and you will find his letter from that place to comprehend the substance of all his former letters, and to be a digest of all the falsity, fraud, and nonsense contained in the whole of them. Here it is, and your Lordships will suffer it to be read. I must beg your patience; I must acknowledge that it has been the most difficult of all things to explain, but much more difficult to make pleasant and not wearisome, falsity and fraud pursued through all its artifices; and therefore, as it has been the most painful work to us to unravel fraud and prevarication, so there is nothing that more calls for the attention, the patience, the vigilance, and the scrutiny of an exact court of justice. But as you have already had almost the whole of the man, do not think it too much to hear the rest in this letter from Cheltenham. It is dated, Cheltenham, 11th of July, 1785, addressed to William Devaynes, Esquire;[8] and it begins thus:--

"Sir,--The Honorable Court of Directors, in their general letter to Bengal by the 'Surprise,' dated the 16th of March, 1784, were pleased to express their desire that I should inform them of the periods when each sum of the presents mentioned in my address of the 22d May, 1782, was received,--what were my motives for withholding the several receipts from the knowledge of the Council, or of the Court of Directors,--and what were my reasons for taking bonds for part of these sums, and for paying other sums into the treasury as deposits, on my own account."

I wish your Lordships to pause a moment. Here is a letter written in July, 1785. You see that from the 29th of December [November?], 1780, till that time, during which interval, though convinced in his own conscience and though he had declared his own opinion of the necessity of giving a full explanation of these money transactions, he had been imposing upon the Directors false and prevaricating accounts of them, they were never able to obtain a full disclosure from him.

He goes on:--"I have been kindly apprised that the information required as above is yet expected from me. I hope that the circ.u.mstances of my past situation, when considered, will plead my excuse for having thus long withheld it. The fact is, that I was not at the Presidency when the 'Surprise' arrived; and when I returned to it, my time and attention were so entirely engrossed, to the day of my final departure from it, by a variety of other more important occupations, of which, Sir, I may safely appeal to your testimony, grounded on the large portion contributed by myself of the volumes which compose our Consultations of that period,"--

These Consultations, my Lords, to which he appeals, form matter of one of the charges that the Commons have brought against Mr.

Hastings,--namely, a fraudulent attempt to ruin certain persons employed in subordinate situations under him, for the purpose, by intruding himself into their place, of secretly carrying on his own transactions.

These volumes of Consultations were written to justify that act.

He next says,--"The submission which my respect would have enjoined me to pay to the command imposed on me was lost to my recollection, perhaps from the stronger impression which the first and distant perusal of it had left on my mind, that it was rather intended as a reprehension for something which had given offence in my report of the original transaction than an expression of any want of a further elucidation of it."

Permit me to make a few remarks upon this extraordinary pa.s.sage. A letter is written to him, containing a repet.i.tion of the request which had been made a thousand times before, and with which he had as often promised to comply. And here he says, "It was lost to my recollection."

Observe his memory: he can forget the command, but he has an obscure recollection that he thought it a reprehension rather than a demand! Now a reprehension is a stronger mode of demand. When I say to a servant, "Why have you not given me the account which I have so often asked for?"

is he to answer, "The reason I have not given it is because I thought you were railing at and abusing me"?

He goes on:--"I will now endeavor to reply to the different questions which have been stated to me, in as explicit a manner as I am able. To such information as I can give the Honorable Court is fully ent.i.tled; and where that shall prove defective, I will point out the only means by which it may be rendered more complete."

In order that your Lordships may thoroughly enter into the spirit of this letter, I must request that you will observe how handsomely and kindly these tools of Directors have expressed themselves to him, and that even their baseness and subserviency to him were not able to draw from him anything that could be satisfactory to his enemies: for as to these his friends, he cares but little about satisfying them, though they call upon him in consequence of his own promise; and this he calls a reprehension. They thus express themselves:--"Although it is not our intention to express any doubt of the integrity of the Governor-General,--on the contrary, after having received the presents, we cannot avoid expressing our approbation of his conduct in bringing them to the credit of the Company,--yet we must confess the statement of those transactions appears to us in many points so unintelligible, that we feel ourselves under the necessity of calling on the Governor-General for an explanation, agreeable to his promise voluntarily made to us. We therefore desire to be informed of the different periods when each sum was received, and what were the Governor-General's motives for withholding the several receipts from the knowledge of the Council and of the Court of Directors, and what were his reasons for taking bonds for part of these sums and paying other sums into the treasury as deposits upon his own account." Such is their demand, and this is what his memory furnishes as nothing but a reprehension.

He then proceeds:--"First, I believe I can affirm with certainty that the several sums mentioned in the account transmitted with my letter above mentioned were received at or within a very few days of the dates which are affixed to them in the account. But as this contains only the gross sums, and each of these was received in different payments, though at no great distance of time, I cannot therefore a.s.sign a great degree of accuracy to the account."--Your Lordships see, that, after all, he declares he cannot make his account accurate. He further adds, "Perhaps the Honorable Court will judge this sufficient"--that is, this explanation, namely, that he can give none--"for any purpose to which their inquiry was directed; but if it should not be so, I will beg leave to refer, for a more minute information, and for the means of making any investigation which they may think it proper to direct, respecting the particulars of this transaction, to Mr. Larkins, your accountant-general, who was privy to every process of it, and possesses, as I believe, the original paper, which contained the only account that I ever kept of it."

Here is a man who of his bribe accounts cannot give an account in the country where they are carried on. When you call upon him in Bengal, he cannot give the account, because he is in Bengal; when he comes to England, he cannot give the account here, because his accounts are left in Bengal. Again, he keeps no accounts himself, but his accounts are in Bengal, in the hands of somebody else: to him he refers, and we shall see what that reference produced.

"In this, each receipt was, as I recollect, specifically inserted, with the name of the person by whom it was made; and I shall write to him to desire that he will furnish you with the paper itself, if it is still in being and in his hands, or with whatever he can distinctly recollect concerning it."--Here are accounts kept for the Company, and yet he does not know whether they are in existence anywhere.

"For my motives for withholding the several receipts from the knowledge of the Council or of the Court of Directors, and for taking bonds for part of these sums, and paying others into the treasury as deposits on my own account, I have generally accounted in my letter to the Honorable the Court of Directors of the 22d of May, 1782,--namely, that I either chose to conceal the first receipts from public curiosity by receiving bonds for the amount, or possibly acted without any studied design which my memory at that distance of time could verify, and that I did not think it worth my care to observe the same means with the rest. It will not be expected that I should be able to give a more correct explanation of my intentions after a lapse of three years, having declared at the time that many particulars had escaped my remembrance; neither shall I attempt to add more than the clearer affirmation of the facts implied in that report of them, and such inferences as necessarily or with a strong probability follow them."

You have heard of that Oriental figure called, in the banian language, a _painche_, in English, a _screw_. It is a puzzled and studied involution of a period, framed in order to prevent the discovery of truth and the detection of fraud; and surely it cannot be better exemplified than in this sentence: "Neither shall I attempt to add more than the clearer affirmation of the facts implied in that report of them, and such inferences as necessarily or with a strong probability follow them."

Observe, that he says, not _facts stated_, but _facts implied in the report_. And of what was this to be a report? Of things which the Directors declared they did not understand. And then the inferences which are to follow these implied facts are to follow them--But how?

_With a strong probability_. If you have a mind to study this Oriental figure of rhetoric, the _painche_, here it is for you in its most complete perfection. No rhetorician ever gave an example of any figure of oratory that can match this.

But let us endeavor to unravel the whole pa.s.sage. First he states, that, in May, 1782, he had forgotten his motives for falsifying the Company's accounts; but he affirms the facts contained in the report, and afterwards, very rationally, draws such inferences as necessarily or with a strong probability follow them. And if I understand it at all, which G.o.d knows I no more pretend to do than Don Quixote did those sentences of lovers in romance-writers of which he said it made him run mad to attempt to discover the meaning, the inference is, "Why do you call upon me for accounts now, three years after the time when I could not give you them? I cannot give them you. And as to the papers relating to them, I do not know whether they exist; and if they do, perhaps you may learn something from them, perhaps you may not: I will write to Mr.

Larkins for those papers, if you please." Now, comparing this with his other accounts, you will see what a monstrous scheme he has laid of fraud and concealment to cover his peculation. He tells them,--"I have said that the three first sums of the account were paid into the Company's treasury without pa.s.sing through my hands. The second of these was forced into notice by its destination and application to the expense of a detachment which was formed and employed against Mahdajee Sindia, under the command of Lieutenant-Colonel Camac, as I particularly apprised the Court of Directors in my letter of the 29th December [November?], 1780." He does not yet tell the Directors from whom he received it: we have found it out by other collateral means.--"The other two were certainly not intended, when I received them, to be made public, though intended for public service, and actually applied to it.

The exigencies of government were at that time my own, and every pressure upon it rested with its full weight upon my mind. Wherever I could find allowable means of relieving those wants, I eagerly seized them."--Allowable means of receiving bribes! for such I shall prove them to be in the particular instances.--"But neither could it occur to me as necessary to state on our Proceedings every little aid that I could thus procure; nor do I know how I could have stated it without appearing to court favor by an ostentation which I disdained, nor without the chance of exciting the jealousy of my colleagues by the constructive a.s.sertion of a separate and unpartic.i.p.ated merit, derived from the influence of my station, to which they might have had an equal claim."

Now we see, that, after hammering his brains for many years, he does find out his motive, which he could not verify at the time,--namely, that, if he let his colleagues know that he was receiving bribes, and gaining the glory of receiving them, they might take it into their heads likewise to have their share in the same glory, as they were joined in the same commission, enjoyed the same powers, and were subject to the same restrictions. It was, indeed, scandalous in Mr. Hastings, not behaving like a good, fair colleague in office, not to let them know that he was going on in this career of receiving bribes, and to deprive them of their share in the glory of it: but they were grovelling creatures, who thought that keeping clean hands was some virtue.--"Well, but you have applied some of these bribes to your own benefit: why did you give no account of those bribes?" "I did not," he says, "because it might have excited the envy of my colleagues." To be sure, if he was receiving bribes for his own benefit, and they not receiving such bribes, and if they had a liking to that kind of traffic, it is a good ground of envy, that a matter which ought to be in common among them should be confined to Mr. Hastings, and he therefore did well to conceal it; and on the other hand, if we suppose him to have taken them, as he pretends, for the Company's use, in order not to excite a jealousy in his colleagues for being left out of this meritorious service, to which they had an equal claim, he did well to take bonds for what ought to be brought to the Company's account. These are reasons applicable to his colleagues, who sat with him at the same board,--Mr. Macpherson, Mr.

Stables, Mr. Wheler, General Clavering, Colonel Monson, and Mr. Francis: he was afraid of exciting their envy or their jealousy.

You will next see another reason, and an extraordinary one it is, which he gives for concealing these bribes from his inferiors. But I must first tell your Lordships, what, till the proof is brought before you, you will take on credit,--indeed, it is on his credit,--that, when he formed the Committee of Revenue, he bound them by a solemn oath, "not, under any name or pretence whatever, to take from any zemindar, farmer, person concerned in the revenue, or any other, any gift, gratuity, allowance, or reward whatever, or anything beyond their salary"; and this is the oath to which he alludes. Now his reason for concealing his bribes from his inferiors, this Committee, under these false and fraudulent bonds, he states thus:--"I should have deemed it particularly dishonorable to receive for my own use money tendered by men of a certain cla.s.s, from whom I had interdicted the receipt of presents to my inferiors, and bound them by oath not to receive them: I was therefore more than ordinarily cautious to avoid the suspicion of it, which would scarcely have failed to light upon me, had I suffered the money to be brought to my own house, or that of any person known to be in trust for me."

My Lords, here he comes before you, avowing that he knew the practice of taking money from these people was a thing dishonorable in itself. "I should have deemed it particularly dishonorable to receive for my own use money tendered by men of a certain cla.s.s, from whom I had interdicted the receipt of presents to my inferiors, and bound them by oath not to receive them." He held it particularly dishonorable to receive them; he had bound others by an oath not to receive them: but he received them himself; and why does he conceal it? "Why, because," says he, "if the suspicion came upon me, the dishonor would fall upon my pate." Why did he, by an oath, bind his inferiors not to take these bribes? "Why, because it was base and dishonorable so to do; and because it would be mischievous and ruinous to the Company's affairs to suffer them to take bribes." Why, then, did he take them himself? It was ten times more ruinous, that he, who was at the head of the Company's government, and had bound up others so strictly, should practise the same himself; and "therefore," says he, "I was more than ordinarily cautious." What! to avoid it? "No; to carry it on in so clandestine and private a manner as might secure me from the suspicion of that which I know to be detestable, and bound others up from practising."

We shall prove that the kind of men from whom he interdicted his Committee to receive bribes were the identical men from whom he received them himself. If it was good for him, it was good for them to be permitted these means of extorting; and if it ought at all to be practised, they ought to be admitted to extort for the good of the Company. Rajah n.o.bkissin was one of the men from whom he interdicted them to receive bribes, and from whom he received a bribe for his own use. But he says he concealed it from them, because he thought great mischief might happen even from their suspicion of it, and lest they should thereby be inclined themselves to practise it, and to break their oaths.

You take it, then, for granted that he really concealed it from them? No such thing. His princ.i.p.al confidant in receiving these bribes was Mr.

Croftes, who was a princ.i.p.al person in this Board of Revenue, and whom he had made to swear not to take bribes: he is the confidant, and the very receiver, as we shall prove to your Lordships. What will your Lordships think of his affirming and averring a direct falsehood, that he did it to conceal it from these men, when one of them was his princ.i.p.al confidant and agent in the transaction? What will you think of his being more than ordinarily cautious to avoid the suspicion of it? He ought to have avoided the crime, and the suspicion would take care of itself.

"For these reasons," he says, "I caused it to be transported immediately to the treasury. There I well knew, Sir, it could not be received, without being pa.s.sed to some credit; and this could only be done by entering it as a loan or as a deposit. The first was the least liable to reflection, and therefore I had obviously recourse to it. Why the second sum was entered as a deposit I am utterly ignorant. Possibly it was done without any special direction from me; possibly because it was the simplest mode of entry, and therefore preferred, as the transaction itself did not require concealment, having been already avowed."

My Lords, in fact, every word of this is either false or groundless: it is completely fallacious in every part. The first sum, he says, was entered as a loan, the second as a deposit. Why was this done? Because, when you enter moneys of this kind, you must enter them under some name, some head of account; "and I entered them," he says, "under these, because otherwise there was no entering them at all." Is this true? Will he stick to this? I shall desire to know from his learned counsel, some time or other, whether that is a point he will take issue upon. Your Lordships will see there were other bribes of his which he brought under a regular official head, namely, _durbar charges_; and there is no reason why he should not have brought these under the same head.

Therefore what he says, that there is no other way of entering them but as loans and deposits, is not true. He next says, that in the second sum there was no reason for concealment, because it was avowed. But that false deposit was as much concealment as the false loan, for he entered that money as his own; whereas, when he had a mind to carry any money to the Company's account, he knew how to do it, for he had been accustomed to enter it under a general name, called durbar charges,--a name which, in its extent at least, was very much his own invention, and which, as he gives no account of those charges, is as large and sufficient to cover any fraudulent expenditure in the account as, one would think, any person could wish. You see him, then, first guessing one thing, then another,--first giving this reason, then another; at last, however, he seems to be satisfied that he has. .h.i.t upon the true reason of his conduct.

Now let us open the next paragraph, and see what it is.--"Although I am firmly persuaded that these were my sentiments on the occasion, yet I will not affirm that they were. Though I feel their impression as the remains of a series of thoughts retained on my memory, I am not certain that they may not have been produced by subsequent reflection on the princ.i.p.al fact, combining with it the probable motives of it. Of this I am certain, that it was my design originally to have concealed the receipt of all the sums, except the second, even from the knowledge of the Court of Directors. They had answered my purpose of public utility, and I had almost dismissed them from my remembrance."