“worthy the praise of being recorded;”
But in this instance, when ten times that sum was given, neither Mr. Middleton nor the Council were acquainted with the transaction, until Mr. Hastings, four months after felt himself compelled to write an account to England, and the Intelligence returned thus circuitously to his friends in India! It was peculiarly observable in this transaction how much the Distresses of the different parties were at variance. Mr. Hastings travels to the Nabob, to see, no doubt, and enquire into his Distresses, but immediately takes for him 130,000l. to be applied to the necessities of the distressed East India Company; but on farther deliberation, these considerations vanish; a third object arises more worthy than either of the former, and the money is taken from the one, and demanded from the other to be applied to the use of — the distressed Mr. Hastings.
The Money, it was alledged by Mr. Hastings, had been originally taken to discharge the arrear of the Army. It had not been applied to that use, because it was received in Bills on Gopal Dos, a rich Banker, of Benares, who was then kept a prisoner by Cheit Sing. — Major Scott being questioned on the subject, declared that Bills on Gopal Dos were as good as Cash, for that though the Principal of the House was a Prisoner, that circumstance made no difference whatsoever with the other partners. Thus Mr. Hastings was inconsistent with himself, by alleging an objection which should have prevented his taking the Money in the first instance, for the purpose he had stated; and Major Scott contradicting Mr. Hastings, removed the objection, and restored the business to its original footing. — But through all those windings of mysterious Hypocrisy, and of artificial Concealment, it was easy to mark the sense of hidden Guilt. Mr. Hastings himself being driven from every other hold, advanced the state plea of State Necessity. But of this necessity he had brought no proof; it was a necessity which listened to whispers for the purpose of crimination, and dealt in rumour to prove its own existence. — To a General leading the Armies of Britain: — to an Admiral bearing her thunders over the seas, the plea of Necessity might be indulged, if the wants of those were to be supplied whose blood had been spilt in the service of their Country; but then like the imperial Eagle descending from its nest, though it desolated the skirts of the rock, the Motive and the Conduct would be equally conspicuous. No concealment would then be necessary, and they would disdain the veil which covered the dark, mean arts of busy Peculation.
On the Business of the Treaty of Chunar, which succeeded the acceptance of this bribe, Mr. Sheridan was equally perspicuous and equally severe. It was a proceeding, he observed, which, as it had its beginning in corruption, had its continuance in fraud, and its end in violence. The first proposition of the Nabob after his recent liberality, was, that the Army should be removed, and all the English recalled from his dominions. The Bribe which he had given was the obvious price of their removal. He felt the weight of their oppression; — he knew to speak his own language— “that when the English staid, they staid, to wing to watch the first buddings of its Prosperity, and to nip every promise of future luxuriance.
To this demand Mr. Hastings had promised to accede, and to recal every Englishman from the Province; but by an evasion which Mr. Middleton disclosed with so much difficulty to their Lordships on the last day of his appearance, had shaken the Tree until nothing remained upon its leafless Branches, yet a new flight was on the ask for something.” Though their Predecessors had exhausted the Revenue; — though they the promise was virtually recalled. No Order were afterwards given for the Establishment of Englishmen in the Province, but Recommendations of the same effect with Mr. Middleton, and the Vizier were sent, and the practice continued. — In the agreement respecting the Resumption of the Jaghires, the Nabob had been duped by a similar deception. He had demanded and obtained leave to resume those of certain individuals: Mr. Hastings however defeated the permission by making the order general; knowing that there were some favourites of the Nabobs whom he could be by no means brought to dispossess. — Such was the Conduct of Mr. Hastings, not in the moment of cold or crafty Policy, but in the hour of Confidence and the effervescence of his gratitude for the savour he had just received. Soaring above every common feeling, he could deceive the Man to whose liberality he stood in debted — even his Gratitude was perilous — and a danger actually awaited on the return, which he was to make to an effusion of Generosity!
The transactions in which Sir Elijah Impey bore a share, and the tenor of his Evidence, were the next objects of Mr. Sheridan’s Animadversion. — The late Chief Justice of Bengal, he remarked, had repeatedly stated, that Mr. Hastings left Calcutta, with two Resources in his view, — those of Benares and of Oude. It appeared, however, from every circumstances, that the latter resource was never in his contemplation, until the insurrections in Benares, terminating in the Capture of Bedjeygur had destroyed all his hopes in that Province. At that instant, the mind of Mr. Hastings, fertile in resources, fixed itself on the Treasures of the Begums, and Sir Elijah Impey was dispatched to collect materials for their crimination:
“But I have ever thought,”
said Mr. Sheridan,
“the selection of such a Personage, for such a purpose, one of the greatest aggravations of the guilt of Mr. Hastings.”
— That he, the purity of whose Character should have influenced his conduct, even in his most domestic retirements; — that he, who, if consulting the Dignity of British Justice, should have remained as stationary as his Court in Calcutta; — that such a man should be called to travel 500 miles for the transaction of such a business, was a deviation without a plea, and a degradation without Example. — This, however, was in some degree, a Question to be abstracted for the consideration of those, who adorned and illumined the seats of Justice in Britain, and the purity of whose Character precluded the necessity of any further observations on so different a Conduct.
With respect to the manner in which Sir Elijah Impey had delivered his evidence, it required some observation, though made without imputing to that gentleman the smallest culpability. Sir Elijah had admitted, that in giving his evidence he had never answered without looking equally to the probability and the consequences of the fact in question. Sometimes he had even admitted circumstances of which he had no recollection beyond the mere probability that they had taken place. By consulting in this manner what was probable, and the contrary, he might certainly have corrected and his memory at times, and Mr. Sheridan said he would accept that mode of giving his testimony’ provided that the inverse of the proposition might also have place, and that where a circumstance was improbable, a similar degree of Credit might be subtracted from the Testimony of the Witness. Five times in the House of Commons, and twice in that Court, for instance, had Sir Elijah Impey▪ borne testimony, that a Rebellion was raging at Fyzabad, at the time of his Journey to Lucknow. Yet on the eighth examination, he had contradicted all the former, and declared, that what he meant was that the Rebellion had been raging, and the country was then in some degree restored to quiet. — The Reasons assigned for the former Errors were, that he had forgotten a letter received from Mr. Hastings, informing him that the Rebellion was quelled, and that he had also forgotten his own Proposition of travelling through Fyzabad to Lucknow. With respect to the letter, nothing could be said, as it was not in evidence; but the other observation would scarcely be admitted, when it was recollected that in the House of Commons, Sir Elijah Impey had declared that it was his proposal to travel through Fyzabad, which had originally brought forth the Information that the way was obstructed by the Rebellion! — From this information Sir Elijah Impey had gone by the way of Illyabad, — but what was yet more singular, was, that on his return he would again have returned by the way of Fyzabad, if he had not been again informed of the danger; — so that had it not been for these friendly informations, the Chief Justice would have run plump into the very focus of the Rebellion! — There were two circumstances, however worthy of remark; — the first was, that Sir Elijah Impey should, when charged with so dang
erous a Commission as that of procuring Evidence, to prove that the Begums had meditated the Expulsion of their son from the Throne, and of the English from Bengal, should twice intend to pass through the City of their Residence; and that he, as he alledged, from mere motives of schoolboy curiosity should choose the primrose path — and wish, when engaged in such a business, to loiter in the way, and idle in the sun-shine. — The second circumstance worthy of observation, was, that if a conclusion could be made from a cloud of circumstances, the inference on this occasion would undoubtedly be, that Sir Elijah Impey was dissuaded by Mr. Hastings and Mr. Middleton from passing by the way of Fyzabad, as well knowing, that if, as a friend to Mr. Hastings, he were to approach the Begums, he would be convinced, by his reception, that nothing could be more foreign from the truth than the idea of their supposed disaffection — It was also observable, that Sir Elijah Impey, at Lucknow, taking evidence in the face of day in support of this Charge of Rebellion against the Begums, when conversing with the Nabob and his Minister, heard not a single word from either of a Rebellion, by which it was proposed to dethrone the Nabob, and to change the Government of his dominions! — And equally unaccountable it appeared, that Sir Elijah Impey, who had advised the taking of those affidavits for the safety of Mr. Hastings, had never read them at the time, for the purpose of seeing whether they were sufficient for the purpose, or the contrary! — After so long a reserve, however, and after declaring on oath that he thought it unnecessary, the next step taken by Sir Elijah Impey, was to read the affidavits, as however late, they might contribute something to his information. He had been led to this study, by his own allegation, from having been misled by Mr. SHERIDAN, one of the Managers on the part of the Commons, who by looking at a book which he held in his hand, had persuaded him to declare that a sworn interpreter was present on the receiving of those affidavits; that Major Davy was present for that purpose — and that whoever it was, he was perfectly satisfied with his conduct on the occasion; when it was actually in evidence that that no Interpreter whatsoever was present. — Now, said Mr. Sheridan, how I, by merely looking into a book, could intimate the presence of an Interpreter, could inculcate the assistance of Major Davy, and could also look the satisfaction conceived by Sir Elijah Impey, are questions which I believe that Gentleman alone is able to determine!
He should admit, however, he said, that Sir Elijah Impey had not strictly attended to for us on the occasion of taking those Affidavits; that he had merely directed the Bible to be given to the Whites, and the Koran to the Blacks, and had packed up in his Wallet the returns of both without any further enquiry; or that he had glanced over them in India, having previously cut off all communication between his eye and his mind, so that no consciousness was transferred from the former to the latter; and that he had read them in England, if possible with less information: — however strange these circumstances might be, he would admit them all; — he would even admit, that the Affidavits were legally and properly taken — and yet would prove, that those Affidavits were not sufficient to sustain any one point of Criminality against those who were the subjects of the present Charge.
After some brief observations on some parts of the Affidavits, particularly on those of a Native Officer, who, as Mr. Sheridan observed, gave a specimen of Platoon firing in his Evidence, by giving three Affidavits in one Day; he concluded with observing, that as it would tend very much to abbreviate the discussion of the present Charge, to enter more largely into the tendency of those Affidavits; he should therefore make a pause for the present, and take the liberty of calling the attention of their Lordships more particularly to this point on an ensuing Day.
Mr. Sheridan spoke for four hours and a half. Nothing could be more perfect than his delivery; but that, at some distant intervals, the excess of his feelings, occasioned him to be less distinctly heard than usual. — At half past four o’clock, the Court adjourned.
FRIDAY, JUNE 6, 1788.
The Court being seated at half past twelve, after a short pause, Mr. Sheridan resumed his speech, by expressing his satisfaction, that in the interval of the Adjournment, the remaining part of the Evidence, &c. had been printed, and laid before their Lordships; as it was the wish of the Managers that every document should be before the Court at the time, for the purpose of determining with more accuracy, whether they had or had not borne out the Charges which they presented.
Recurring, then, to the Affidavits taken by Sir Elijah Impey at Lucknow, they formed, he observed, a material article in the Defence of Mr. Hastings; and on the decision of their Lordships respecting the weight of the allegations which they contained, a greater part of this question would finally depend. — With respect to one part of Charge made on the Begums — their having shewn an uniform spirit of hostility to the British Government, it had not only failed, but was absolutely abandoned by the Counsel for the Prisoner, as not being supported by a tittle of Evidence. In deciding on the other parts of this Charge, their having committed an overt act of Rebellion — their having inflamed the Jaghirdars, — and excited the Discontents in Oude, their Lordships were to consider the situation in which Mr. Hastings stood at the time when these Charges were made. — Having failed in his attempt at Benares, his mind was entirely directed to the Treasures of the Begums. He knew that such was the situation into which he had plunged the affairs of the Company, that he knew he could not address his venal Masters, unless some measure was found. He had therefore stood forward as an Accuser, where he was also to preside as a Judge; — and with much caution should that Judge be heard, who has apparently a profit on the conviction, and an interest in the condemnation of the party to be tried. He would not from this, infer however, that the charge was groundless; — but he would argue, that until fully proved, it should not meet with implicit credit. — It was obvious also that the attempt said to have been made by the Begums to dethrone the Nabob and extirpate the English, was in the highest degree improbable; — but he would not infer from thence, that it was impossible. — There is in human nature a perverse propensity to evil, which had sometimes caused the perpetration of bad acts without any obvious gratification resulting to the Perpetrator. All he should claim, therefore was, that the accusations brought by Mr. Hastings against the Begums, should undergo a candid examination, and that probable evidence, at least, should be brought to the support of charges in themselves improbable.
Mr. Hastings in his defence had complained, that his Prosecutor had attempted to blacken these affidavits as rash, irregular, and irrelevant; when they had been authenticated by the presence of Sir Elijah Impey, and as he also observed, being taken in an enquiry, directed solely to establish the guilt of Cheit Sing, they were merely an accessary evidence in the present case, and were therefore less liable to suspicion. The Reasoning in this last instance, Mr. Sheridan observed, would undoubtedly be good; but that the assertion that the enquiries were exclusively directed to the Crimination of Cheit Sing, had been proved an absolute falsehood; as they were really intended to justify what was afterwards to be done. With respect to the epithets bestowed on those Affidavits by his Hon. Friend, the truth would best appear, from a Review of their Contents. — Mr. Sheridan then proceeded to remark on the Affidavits severally, as far as they related to Charges against the Begums. Those of the Jemmadars, or native Subaltern Officers, contained nothing it appeared, but vague rumour and improbable surmise. — Hyder Beg Cawn, the Minister of the Nabob, though swearing both to Rumour and to Fact, could mention no particulars of an Insurrection which was to have dethroned his Sovereign. Nor was the Evidence of Col. Hannay and the other English Officers more conclusive: loud suspicions appeared to have been propagated at a time of general disturbance, and when the flames of War were raging in the neighbouring province of Benares. Mr. Middleton, though swearing after he had received his final orders from Mr. Hastings respecting the seizure of the Treasures, could only say — that he believed the Begums had given countenance to the rebels, and as he had heard, some aid. — The whole of the de
positions, Mr. Sheridan observed, were so futile, that were they defended in an inferior Court of Justice, he was convinced that he should be forbidden to reply, and told that was combating with that, which was nothing!
With respect to the first part of the Charge, the Rebellion of the Begums, he had examined with all the painful research of an Antiquary, but could find no trace of any such transaction. No blow was struck — no march was made against the concealed Enemy; but the Rebellion, though commenced for a most unnatural purpose, was suffered to die a natural Death! — The Counsel had thought proper to dwell for a time, on the Nabob going to Fyzabad, on his return from Chunar, attended by a guard of 2000 men. Mr. Middleton being asked, whether these men were well-appointed, though on another occasion, he had declared himself no military man, caught in the instant at gleam of martial memory, and answered in the affirmative. The contrary, however, was proved by the evidence of Capt. Edwards, who attended the Nabob as his Aid-de-Camp, and also that those troops were actually mutinous for their pay, who were then taken to stop the progress of disaffection! Yet he would agree to all that the Counsel required; — he would suffer the whole 2000 men to enter full trot into the City of Fyzabad; for Capt. Edwards had fully proved, that it was merely the usual guard of the Nabob. — It would therefore have been disrespectful to have gone with less attendance; he could have no motive for going incog, unless he might have intended to make himself a perfect match for the insurrection which was also incog. or thought that a rebellion, without an army, would be most properly subdued by a Prince without a Guard.
Another supposed proof of the disaffection of the Begums was brought, by alledging that 1000 Nudgics had been raised at Fyzabad, and sent to the assistance of Cheit Sing, and this for no other reason than a detachment of the same number was in the list of the forces of that Rajah! This single circumstance was taken as a full and compleat evidence of the identity of those troops. It was no matter that the Officer second in command with Cheit Sing, had sworn that the detachment came from Lucknow, and not from Fyzabad. — This Mr. Hastings would have to be a trisling mistake, of one Capital for another! — The same Officer however had also deposed, that the troops were of a different description; those of Begum being swordsmen, and those in the service of the Rajah, match-lock men. — The inference to be made therefore, undoubtedly was, that the detachment did actually come from Lucknow; not sent perhaps by the Nabob, but by some of the Jaghirdars, his favorites, who had abundant power for that purpose, and whose aversion to the English had always been avowed. — The name of Sadib Ally, his half-brother, had been mentioned as being highly criminal in these transactions; — but to the question, why he was not punished, Sir Elijah Impey had given the best answer at that Bar; — by informing their Lordships that Sadib Ally was miserably poor? He had therefore found protection in his poverty, and safety in his Insolvency. Every common maxim of judging on such occasions, was certain to be overturned by Mr. Hastings; — it was generally supposed that the needy were the most daring, and that Necessity was the strongest stimulus to Innovation. But the Governor General inverting this proposition, had laid it down as an axiom — that the actions of the poor were sufficiently punished by contempt — that the Guilt of an offender should increase in a precise ratio with his Wealth — and that in fine, where there was no treasure, there could undoubtedly be no treason!
Delphi Complete Works of Richard Brinsley Sheridan Page 76
