MR. SHERIDAN then resumed his speech, where he had left off on Tuesday last, with a short preface to the following effect:
In obedience to the commands of the Honourable Managers, he said, he rose to continue the observations which he had to make, in summing up the evidence on the second Charge against Warren Hastings, Esq. — In doing this, he trusted it would be believed that he had been, and would continue to be, most guarded in quoting the evidence on which he might have to animadvert, correctly and accurately, and that for this purpose he had left off where he did, a part of what he wished to observe on not being in the way. He left off at the affidavits, and here it was that he meant to resume his speech: he considered their Lordships as in fact employed in trying the truth of the matter of those affidavits, and the allegations therein contained, upon which he would have no objection to rest the whole truth of the charge brought against the prisoner. It was in this view, and for this purpose, that he wished to take up some part of their Lordships time; but, before he entered into the discussion of the affidavits, there were two or three matters on which he was desirous of saying a few words. In the outset of this business, it had been held forth as an allegation on the part of the prisoner at the bar, and as an excuse of the atrocious proceeding against the Begums, that they had been guilty of various acts of hostility, as well as of a wish to dethrone the Nabob; and it was assorted that the affidavits taken at Lucknow all tended to prove these facts. Of the first of these two allegations, he challenged the Counsel for the prisoner to produce a single instance drawn from those affidavits. There was not a single instance, — nay, the allegation was even abandoned by themselves; — a pretty strong proof that it had been taken up lightly. When a charge consisted of two parts, and one of them was abandoned, it was very natural for a man to distrust the other. It certainly was not a proof that the other was false also, nor did he mean to assume any such argument; he said only, that it would influence the mind so far as to make it curious and particular in the enquiry, and to make it at least distrust the truth of the other branch of the charge also. But their Lordships, in this particular case, would have additional reason for jealousy and distrust: they would recollect from whom these assertions and charges against the Begums came, and by whom they were made: they were made by Mr. Hastings, who went forth from Calcutta in the year 1781, for the avowed purpose of collecting a large sum of money, and who acknowledged that he had but two resources. Here then we had, in the same person, the accuser and the judge — nay more, we had a judge corruptly interested in the accusation he was to make, and who intended to draw a profit, and reap an advantage, from deciding on the accusation which he himself made. He would not take up their Lordships time, in saying a word on the gross turpitude of such a double character, nor on the frontless disregard of all the feelings which ought to actuate the human heart, in thus mixing characters that ought never to be joined. What did he desire from all this? Only that an accusation, made under such circumstances, should not meet with implicit belief, and that their Lordships, remembering that it was so made, would accompany him through the discussion of the affidavits, free and uninfluenced by those prefatory and general assertions.
The next matter that he was anxious to press on their consideration, previous to his taking up the affidavits, was the infinite improbability of such an intention being true, from the utter impossibility of executing the design. Estimating the power of the Begums at the most sanguine standard, it could not evidently be in their reach to accomplish any overthrow, decisive or momentary, of the Nabob, much less of the English. He was not, however, so weak as to assert a doctrine, that because a thing was improbable, it was not therefore attempted; or that, because they had no interest in the accomplishment of the object, they therefore did not undertake it. He could not look to Mr. Hastings without knowing, and being forced to acknowledge, that there were people with such a perverse turn of mind as to prosecute mischief without interest; and that there were passions in the human soul, which lead to turpitude without a motive.
He now came to the consideration of the affidavits — that mass of legal evidence on which the prisoner meant to rest his defence, and which he considered of so much consequence to his acquittal on this charge. He had said, that when the Honourable Mover of the Impeachment came to this charge, he treated the affidavits in his peculiar manner, and loaded them with terms of opprobrious reproach. What the peculiar manner of his Honourable Friend was, as hinted in this manner, he could not tell; but he, for his own part, would say, that if they were treated other ways than with disdain, they had not their desert. It was asserted, that they were taken in the desire of procuring the best possible evidence of the state of the country, and of the circumstances of the insurrection. This was a direct falsehood; — they were taken for no other purpose but that of justifying Mr. Hastings in his plunder of the Begums; that no other intention was in the minds of any of the persons concerned, and that the design was not formed, until, by the failure of one of his resources, this only remained for the plunderer.
He left off with the crippled testimony of his friend Dewen Sing. Here then he began, and he entered into a minute discussion of all the affidavits, reading, comparing, and commenting on the passages. To enumerate all these would require much space; nor, unless the reader was well acquainted with all the facts, would it be possible for us to make him taste and feel the strength of Mr. Sheridan’s reasoning, which was as close, connected, and convincing, as any speech we ever heard on any occasion. He particularly animadverted on the affidavits of Hyder Beg Cawn, who, though the Minister of the Nabob, and the man of all others the best acquainted with the transactions then passing in the country, did not say one syllable on the subject of the pretended rebellion, nor hint any thing of the kind; and this, though the affidavit was made in November, 1781, and the rebellion was pretended to have been at least previous to that time: — on that of Mr. Middleton, which also was taken on the 27th of November, and that after he knew the pleasure of Mr. Hastings as to the plunder of the Begums. The only passage which his affidavit contained respecting the insurrection, was, that he had heard from rumour that they had given much encouragement, and some aid, to the Jaghiredars, in resisting the resumption; and that he heard there had been a good disposition in them towards the Rajah Cheit Sing. The whole of his evidence went on mere hearsay and rumour, and it amounted to much encouragement and some aid — on which circumstance it was that he made up his conscience to the plunder, and probably to the destruction of the ladies. He knew nothing of it himself, though he was the Resident. He saw no insurrection; he met with no indispositions; he knew nothing of it himself, but he had heard that they had encouraged the Jaghiredars to resist, and on this, and no more, was this conscientious servant of Mr. Hastings ready to execute any scheme of plunder that he should devise. — The Hon. Manager also particularly adverted to the affidavit of Major M ‘Donald, of Captain Gordon, and of a Frenchman, whose deposition was quite in the French style, magnificent and glittering: it talked of his having penetrated the deserts — of his having seen tygers — of his having kept the best company — and heard a vast number of important rumours, but not one word about the rebellion of the Begums. — He went through the affidavits of Colonel Hannay, and, among others, to that stating that three Zemindars, on the 31st of December, had said, that they were credibly informed that there was a design in the Begums against the Nabob. But these conscientious Serjeants would not suffer their names to be mentioned: all the reward that they expected was to be concealed — although they were thus rendering service to their Sovereign, and that that Sovereign was now in entire possession of power, and free from all possible effects of any meditated hostility from the quarter alledged to have designs.
Having stated the contents of the several affidavits, he said, he knew that in a Court of Law, if the trial were depending merely on the truth and validity of these affidavits, he should be stopt, if he attempted to begin any answer to, and observation upon them. He should be told from the Bench —
What do you mean to answer? There is nothing contained in these affidavits upon which we can suffer you to take up the time of the Court one minute. There is not, from the beginning to the end, one particle of legal, substantial, or even a defensible proof. Nothing but hearsay and rumour. Such he knew would be the admonition which he should receive in any Court of Law; but meaning and wishing to meet every thing at their Lordship’s bar, on which the prisoner could build the smallest degree of dependance, it was his wish to examine separately the points which it was the aim of the prisoner to set up by these affidavits. They were three in number, and he should treat of each singly.
1. That the Begums gave assistance to the Rajah Cheyt Sing.
2. That they encouraged and assisted the Jaghiredars to resist the resumptions of the Jaghires.
And, 3. That they were the principal movers of all the commotions in Oude.
These were the three allegations, which it was meant to insinuate these affidavits contained — and all these were accompanied with a general charge, that the Begums were in rebellion. He declared, that in regard to the last insinuation, he had searched with all the indefatigable industry of an antiquary, hunting for a precious vestige that was to decide some important point in history, for this rebellion. — But of this rebellion, which in the mouth of Mr. Hastings was spoken of with as much certainty as that of 1745 was mentioned in England, no trace nor appearance could he find. — He could neither find the place where it raged, nor time when. No battle had been fought — no army had marched — no blood had been spilt — not one single thing had happened, by which any one creature in the country where it was said to happen could possibly have discovered that a rebellion was there. It was a rebellion that never struck a blow, and that never was struck. — It was a rebellion, the object of which was unnatural, but which died a natural death. If rebellions of such a kind could be, there was no saying where a rebellion might not exist. Perhaps, at the very moment that he was speaking, there might be a rebellion raging in the heart of London. Perhaps it might be at this moment lying perdue in some of the adjacent villages; or like the ostentatious encampment that had given celebrity to Brentford and Ealing, it might have taken up its head quarters at Hammersmith, or Istington, ready to pour down its violence on the approach of night. He was very eager to ascertain the time of this horrid rebellion. There was nothing so clear and manifest as this fact — that there was none in the beginning of August 1781. On the 29th of that month there were confidential letters from Col. Morgan the commanding officer, and there was not one syllable in these letters of any such thing. He afterwards detached troops from Cawn Poote; and on the 27th of September he gives an account of some insurrection at Lucknow; but of none at Fyzabad, nor of any thing like it. There was a letter from Major Hannay, then at the Rajah’s Court, dated the 10th of September, in which there is an account of the state of the Rajah’s affairs; but not one syllable of any design of his being assisted by the Begums. There was after this a letter from the same Court, communicating the refources of the Rajah. In this letter he was advised to apply to the Nabob himself, from whom there was a probability of his receiving succour; but not to apply to Hyder Beg, who was stated to be interest of the English. During all this time, therefore, there was no rebellion. The Nabob went to see his mother, the very lady who was said to have risen in rebellion against him. But Mr. Middleton stated, that he was accompanied by 2000 horse, having no martial memory on common occasions. Mr. Middleton could exactly tell that these troops kept pace with the Nabob, who travelled very fast, so much so that he could hardly keep up with him; but the Nabob having, according to Mr. Middleton, taken 2000 horse with him, he observed the Counsel seized on the 2000 horse, and certainly meant to assert that these 2000 horse were taken for no other purpose than to quell the insurrection; unfortunately, however, for the martial memory of Mr. Middleton, Captain Edwards, who was rather more of a military man, and whose duty it was to accompany the Nabob, stated that he had but five or six hundred horse, and those so miserably equipped, and so bad that they were not able to keep up with him, and but a few indeed were near his person, or within the reach of any command, so as to be applied to any service; for of these few, the most were disaffected and mutinous from being ill paid; so that the horse that he had with him were rather disposed to assist than to quell any insurrections. Still more unfortunately, the memory of Mr. Middleton had unexpectedly cleared up, and informed the Court that it was a constant thing for the Princes of India to travel with a great equipage, and that it was considered as a disrespect to the person whom they visited, to come unattended. But the Counsel should have the whole of the horse, camels, elephants, and all, and they should all gallop as fast as they might please to wish. — What did they mean, or wish to establish from this fact? It never was their intention to insinuate that the Nabob went to pay his respects to his mother unattended by his retinue. He could not mean to go incog. unless he wished to keep pace with the rebellion. — That hearing of a rebellion of two old women without an army, he thought that it should be quelled by a Prince in disguise, without his guards. They did not mean to say that the Indian Princes travelled like the Princes of Europe, who sometimes from one motive, and sometimes from another — at times from political views, and at times from curiosity — travelling some to France to learn manners, others to England to learn liberty — chose to be relieved from the pomps of state, and from the drudgery of equipage. — It was not so in India — where the manners required ostentation, and where it would be considered as an insult for one Prince to visit another without maintaining his state.
He then, as he said, would put to the route a thousand audges, who were said to be dispatched by the Begums, for the purpose of promoting an insurrection. He detected all the contradictory accounts that had been given of these matchlock-men, and having shewn the complete fallacy attempted to be imposed on the credulity of the world in this instance, he asked why the younger son of the Bhow Begum had not been suspected of having any concern or interest in this rebellion? This particularly had been very thoroughly explained. Sir Elijah Impey had been asked whether this Prince had any wealth? — No, none — he was miserably poor, and was a pensioner — there was the solution of the difficulty. There never was in the mind of Mr. Hastings a suspicion of treason where there was not treasure. Penury was a complete and satisfactory proof that he could not be disaffected — opulence on the contrary was a manifest indication of disloyalty. Mr. Hastings, in his political sagacity, took the converse of the doctrine that the experience of history had established; that opulence and wealth, as they attached a man to the country where they lay, made him cautious and circumspect how he hazarded any enterprize that might draw on himself the jealousy of Government. Poverty on the other hand made a man giddy and desperate; having no permanent stake, he was easily seduced into commotion. Mr. Hastings, on the contrary, never failed to find a convincing and self-evident proof of attachment in penury, and an unanswerable evidence of rebellion in wealth.
In enumerating the various strong instances of the steady friendship and good disposition of the Begums to the English interests, Mr. Sheridan particularly animadverted on the representation they had made in favour of Captain — , whose life they had saved at the very moment when, if they had meant to strike any blow against the English interests, the blow would have been felt. — This gentleman, whose life the Bhow Begum had saved, and who in the first and natural feelings of the soul, had repeatedly poured forth his grateful acknowledgements of the obligation, had afterwards been made the instrument of the destruction of his faviour. It had been asked why the Managers had not called Captain — to the bar. — Why call him to the bar! — He never hoped to see him at the bar till he came there with fervent contrition and penitentiary zeal, to make atonement to the Princess, who was to him his second creator, and whom, with the breath of life, the gift of the Begum, he had accused; and in the presence of their common God; had solemnly poured forth a part of that breath in an affidavit, by which her ru
in was to be accomplished! He would not believe it possible, that after having repeatedly acknowledged that he owed his life and liberty to the beneficent hand of this Lady, he could so far forget all that he owed, as of his own mere motion to come forward and make this affidavit. His knowledge of human feelings would not permit him to believe that it could be possible for any human creature to be guilty of an act so atrocious. — He must imagine that the Gentleman had been deluded and imposed upon — that he had been falsely and scandalously deceived — and that at the moment when he made that affidavit, he was ignorant of the use to which it was to be applied. — He hoped, and trusted, that seeing that he was made the instrument of the ruin, and overthrow of his benefactress, he would come forward and state the imposition that had been practised upon him — for he could not be persuaded that any human creature could be capable of standing up in the presence of God, and exclaiming — To this woman I owe my life, and my gratitude shall be her destruction.
Mr. Sheridan continued in a strain of eloquence more lofty and commanding than any thing we ever heard, to state the circumstance of the book, the leaves of which were torn out, and which was mutilated for the purpose of concealment. After stating all the circumstances of this fact, and the manner in which the fact had been accounted for, he called it a black perjury. — Then rising in his eloquence to a flight beyond our power to trace him, he said, that these letters, though thus torn and mangled, were brought light. — That power which gives to the arms of infant innocence the strength of Hercules — which controuls the mighty, and abashes the confident — which gives to truth persuasion beyond the reach of eloquence — the look that appalls — the supplicating tear that softens — the tone tender, but confirmed, which at once soothes and convinces the soul — that power, which in all the turns and windings of hypocritical and impudent falsehood ever ranges on the side of simple and unobtruding truth, leads the mind through all the mazes of craft and wickedness, with which this mysterious villainy is covered, and arousing all the indignation of justice, points its punishment, Heaven-directed, to the head of the detested but unrepenting author.
Delphi Complete Works of Richard Brinsley Sheridan Page 82
