| Asiatic governor; for the sentiments of an Englishman were not likely to put the most favourable construction on actions, which his situation rendered him absolutely incapable of judging upon correctly. Mr. Nicholls went into the question of the connexion between Cheit Sing and the Company, and contended, that if he were a zemindar or tributary to the Company, then they had a right to call upon him for aid in cases of emergency, and to fine, or otherwise punish him in case of refusal. It would be the highest degree of absurdity to suppose, that such a power as this did not exist in a sovereign, whose revenues were almost wholly drawn from the land, which was the case of all the provinces of India, except lately that custom and excise duties had been introduced into Bengal, because that would be laying it down as a principle that the revenues could not be increased on any sudden emergency, the consequence of which must be, that the empire would necessarily sink under the first shock; for, having no resource for a war establishment, she could not procure the means of her own protection. If he were a tributary prince, and subject to the kingdom of Bengal, then any expression of a backwardness to comply with the order of his master, ought to be punished in a very severe and summary way; for anarbitrary government like that of Bengal could not suffer any resistance to its authority without incurring great danger. Such a government was always weak, and could only be supported on the reputation of its power, which would be effectually destroyed by suffering any resistance to be made to it with impunity. To illustrate this, he drew a parallel between the European and the Oriental constitutions. In the former, the government was strong, and could indulge its subjects in the liberties of opposing its measures; which the latter could not with safety do. This he instanced in the case of that House admitting to the bar counsel and evidence against a bill depending, which if the sovereign of an arbitrary country should do, he would lose his authority. As for the conduct of Mr. Hastings in Benares, if it had been blamable as the gentlemen over the way had stated it, why did they not prove it to be so by the evidence of Mr. Markham, whom they might have examined when at the bar, and who was resident at Benares during the whole of the time? Their having omitted to examine evidence which would have been able to and Misdemeanors against Warren Hastings, esq. late governor-general of Bengal, and examined evidence thereupon, is of opinion, that there is ground for impeaching the said Warren Hastings, esq. of High Crimes and Misdemeanors, upon the matter of the said Article." Mr. Francis remarked, that Mr. Hastings, in the very beginnning of his defence upon this article, had endeavoured to shift the blame from himself, and to cast it altogether upon him, as the only survivor of his opponents in council. In order to clear himself from this imputation, he begged the attention of the committee for a few minutes; not doubting but that he should be able to exculpate himself to their satisfaction, though it was to be remembered, that the proving him to be criminal, would not acquit Mr. Hastings. Having said this, Mr. Francis proceeded to prove, by reference to a variety of minutes, that he had uniformly opposed the making any such demand upon Cheit Sing as had been made, from a disbelief that the right to make it existed under the particular circumstances of the case. He read several different papers in support of his argument, and quoted the solemn invocation made by Mr. Hastings to the God of truth, in the exordium of his narrative of the affair of Cheit Sing, accompanied with a declaration, that he had conscientiously stated every transaction. After such an appeal, Mr. Francis said, he would not impute to Mr. Hastings a wilful intention to omit any thing. Indeed how could he? as he could not look into his heart; but he could assure the House that Mr. Hastings had omitted to state, that he received a present of two lacks of rupees, (or 20,000l.) from Cheit Sing, even while the demands of aids were in agitation, so that when he was claiming money for the Company, he was compounding with the rajah for himself. Mr. Francis concluded by seconding the motion. Mr. Nicholls said, that guided by the coolest impartiality, he had no hesitation to pronounce Mr. Hastings innocent, unless Cheit Sing could be proved to be an independent sovereign prince. He should not attempt to address himself to the passions of people, but he would speak to the common sense and reason of the House. In the first place, he lamented the situation of Mr. Hastings, in being obliged to stand the butt of a British tribunal, inquiring into his conduct as an have proved their case, if it had been true, was, in point of law, sufficient ground for an assumption that it was false. Were the House prepared to say that the zemindars were not bound to answer the extraordinary demands of the public defence? Was the noble lord in the blue ribbon prepared to say so? Why, then, did he not, when he first had an account of Mr. Hastings having made the demand, immediately put a stop to it? It would be more fair to impeach the noble lord, than to impeach Mr. Hastings, though he wished not to impeach either, being convinced that both had done their duty, and acted very properly. Mr. Pitt said, that he had given the strictest attention in his power to every thing that had fallen in the course of the debate, not only because he looked upon the subject as one of the utmost importance, from its involving in a great degree, both the honour and dignity of the British House of Commons, and also the general cause of justice and humanity, but because he had heard from all parts of the House, many arguments and doctrines to which he found himself indispensably bound to express his dissent. He could not but lament, that his duty peremptorily prevented him from doing what his inclination otherwise led him to, which was to absent himself entirely from the whole of the proceedings on the present occasion; for he felt the greatest difficulty and uneasiness in being obliged to determine on judicial questions, the merits of which were so closely connected with Indian principles and habits; and that under the insurmountable impression of sentiments and feelings imbibed and matured under the British constitution. In proportion, how ever, to this difficulty had been his endeavours to make himself perfect master of the whole of the case, and although, from his other avocations, he was, perhaps, less at liberty to dedicate a considerable portion of his time to the study of it, than most other gentlemen in that House, yet he could venture to say, that he had, by a most laborious investigation, been able to form such a final and settled opinion concerning it, as had completely satisfied him of the vote which, in his conscience, he was bound to give. He should state to the committee, in as plain and concise a manner as he possibly could, the whole of the premises that operated on his mind in forming his conclusion, and this he should do without any restraint from the apprehension that his arguments might be used or perverted to a different result than what he intended; for he thought if there was any one subject on which a member of that House was bound to use less disguise, and to speak out more plainly than on another, it was on such a subject as that then under discussion-where there ought to be no object in view but the honour of Parlia ment, and the ends of substantial justice. He should, therefore, take care to avoid entering into the business with that sort of temper and spirit which some gentlemen seemed to be influenced by, and should particularly guard against any impression similar to that which the right hon. gentleman had been so desirous of making on the House, in a manner which he thought, of all others, the most unfair and most inconsistent with every principle of law and justice-by torturing the words and arguments of a man standing on his defence, and drawing from them inferences of motives and of principles calculated to fix upon him a degree of guilt which even the charges themselves did not impute. He should not suffer such means to bias him in voting a censure where he did not think censure was merited; nor should he suffer his indignation at such unjustifiable conduct, so far to get the better of him, as to make him refuse such a vote, where he thought he was in conscience bound to give it. He said he should first begin by stating to the House his general opinion as to the situation of the zemindars of India, and the degree of subjection under which they lay with respect to their superior lords. He had made every research in his power into this part of the subject, and as far as it was possible to ascertain here in England a question of Indian politics, liable even there to great uncertainty and variety of interpretation, he hoped he had been successful. Mr. Pitt now went into the general doctrine of subordinate principalities, pointing out the nature and extent of their subjection to the superior state, and the necessary dependence they must in all cases be liable to. It had been a subject of many different opinions what was the true tenure under which the zemindars of the empire of Hindostan held their possessions. Some had supposed them the real proprietors of the soil, while others looked upon them as mere trustees for the superior lord, and entitled to no part of the produce or value of the lands, except such as were allotted to them for their subsistence. | particularly to the empire of Hindostan, Some had conceived them to be possessed of only a life estate, and to be the mere channels or vehicles of the revenue; whilst others contended that their interest was hereditary. It was, however, of very little consequence to the conclusion which he meant to draw, what was the express nature of their tenure: it was enough for him that it must, in the nature of things, and from a number of special circumstances, become liable to demands for certain extraordinary aids in case of extraordinary emergencies. It was impossible to suppose the existence of any state which had no provision made for extraordinary resources in cases of extraordinary dangers the most common, because the most obvious mode of procuring this extraordinary resource, had, in the earliest periods of the feudal institutions, been by calling on the several vassals of the state for their personal service in arms. This right was a fundamental maxim in every government, and one to which no individual could possibly object, because it was by the joint power of the whole aggregate body alone, that the person and property of the individual could be protected; and it would be a treason against itself, in any state, to exclude a principle so obviously necessary to its very existence. Those personal services of the tenants of lands became, in time, almost universally commutable for money, which was found better to answer the exigencies of government, and the convenience of individuals; from hence the principle which had formerly applied to the persons, extended to the property of the people, and each was considered as bound to contribute in proportion to the benefits which he derived from his political capacity, as a member of a regular community, that is, in the proportion to the possessions which he held under it. He instanced this from the policy of the original feudal institutions of Europe, and particularly of England, in the case of sudden danger, when, over and above the stated rents and services reserved to the Crown, there was a right to call upon the tenants for particular and extraordinary service, either of a personal or pecuniary nature-and from such demands even the counties palatine were not exempted, although the proprietors had the exercise of every species of internal jurisdiction within them, in as ample a manner as any of the Indian zemindars. He then applied his argument more where, he said, the same policy had been adopted and practised; and to prove that it was so, he gave several examples from the recent history of that country, and particularly that of Cossim Ally Khan, who, as was stated in one of the charges, had received in presents from his several vassals above one million and a half of money for the purpose of supporting the expense of his military operations; and these presents, he said, were, as nearly as possible, similar to the benevolences formerly known in the politics of this country, which benevolences were literally the commutations of the military vassals for their personal services. Even this very Cheit Sing had been made to contribute to his former lord, Sujah Dowlah, a considerable assistance both in men and money towards the Rohilla expedition. If he were to recur to the written laws of the Indian legislators, he should find himself at a loss from want of sufficient acquaintance on the subject; but as far as he was informed, he could quote the laws of one of the most celebrated of the monarchs of Hindostan, the emperor Ackbar, who in his grants to his zemindars, although he gave them great indulgences, and expressly exempted them from the payment of any subsidies beyond their stated rents, yet his arrangement was evidently calculated with a view to securing a military force by the personal service of those very zemindars and their subjects, in case of any national and public necessity. Mr. Pitt avowed it to be his firm conviction, that the zemindars of India are bound on all occasions of great emergency to contribute in a proportion suitable to their own ability and the exigency of the public. The next question, then, to be considered was, whether any particular stipulations had been made in favour of Cheit Sing, which ought to exempt him from the general duty incumbent on all other tributaries to the Indian sovereigns. The method which he should take in pursuing this inquiry would be, by recurring to the original acquisition of the zemindary by Bulwant Sing, the father of Cheit Sing, which was by the appointment of Sujah Dowlah, nabob of Oude, and vizier of the empire. Under this appointment there had been an annual rent reserved to the nabob, but, besides this annual rent, extraordinary aids had been furnished to him as lord paramount, on extraordinary occasions. On the death of Bulwant Sing, his son Cheit [106 Sing was, by the mediation of the Com- spect to the father. In this he was overpany, admitted to the succession, with an ruled, and the opinion of an hon. gentleaddition, however, of two lacks of rupees man (Mr. Francis) prevailed against him. to his annual tribute, and a fine of several His opinion was, that the obligation of the lacks paid at the time. Afterwards the treaty with Sujah Dowlah had determined sovereignty of Benares was surrendered by his death, and that the Company ought to the Company, who, by such surrender, not to renew their alliance with the court became possessed of every right which the of Oude, except for a consideration to be nabob hitherto enjoyed in the country, made by the new nabob. This consideraand every degree of authority which he tion being determined by the council to possessed over the zemindars. Among be the sovereignty of Benares, and being those rights and authorities was that of agreed upon by the nabob, Mr. Hastings calling in cases of emergency for assistance proposed that it would be advisable to reover and above the amount of his stipulated sign to the zemindar himself the entire and regular annual payments, which as- and complete sovereignty, and so render sistance was either to be in money or mi- him wholly and absolutely independent: litary force. This right had already been that is, to change his situation from that exercised and acquiesced in, and was in- of a zemindar, or tributary, and give him disputably transferred among the rest to a perfect, unqualified, and uncontrolled the Company. It was contended by the authority. In this the opposition of the right hon. gentleman, that, in the several hon. gentleman (Mr. Francis) was also patents or grants by which the zemindary successful, and it was determined, on his was conveyed to Cheit Sing by the Com- suggestion, that the rajah Cheit Sing pany, and by which he was invested with should still be kept in a state of vassalthe several royalties of a mint, and the age, or, as he expressed it, of dependence, right of criminal jurisdiction, there was a under the Company. What then was the complete renunciation of every claim upon purport of the instrument by which the him in future, for any thing whatsoever zemindary was confirmed by the Company except his stipulated and specified rent. to Cheit Sing?-it was, " that he should In order to make this appear, the right hold it as an hereditary possession, paying hon. gentleman had quoted the words of only a certain stipulated annual sum out several of the proposals made by the mem- of the revenues for the use of the Combers of the council of Bengal, concerning pany;" that is, that the annual and stated the investiture and establishment of Cheit payments should never be raised, as had Sing in the office of zemindar. The right been done by the nabob on his accession hon. gentleman had there found, in more after the death of his father, and that no than one place, the word independent;' fine should be exacted from his successor, of which he had made a great use, for the as was the case on his coming into pospurpose of proving that the rajah, Cheit session. There was, in the whole of the Sing, was, in fact, completely and totally insruments, no renunciation in express independent. But this word which he had terms of that which was too essential and so used, neither could, nor in justice ought indispensable a right of sovereignty to be to be applied to the situation into which either construed away by implication or Cheit Sing had been put by the Company. defeated by any thing short of the most The word 'independent' had been used by explicit renunciation, the right of demandthe governor and council in several dif- ing aid in war, or any such great emerferent meanings, and the meaning in which gency; but, on the contrary, this very it had been used by Mr. Hastings, was right was, in a great measure, recognized one which was never carried into effect. by the terms of the grant; for it expressly Mr. Hastings had given three different grants the country to the zemindar, on the opinions on so many different occasions in condition that if he yields a fit obedience matters relating to the province of Be- to the authority of the Company as his nares. He had, on the death of Sujah superiors and sovereigns, then he shall Dowlah, proposed to the council to renew hold the territory for the annual sum menthe alliance which subsisted between that tioned in the deed. What was the conmonarch and the Company with Asoph ul struction to be put on the words, obeDowlah, his successor, or rather had given dience to the authority of his sovereign?' it as his opinion that the ancient treaty The right hon. gentleman had, with an still subsisted in force as to the son, in like ingenuity which did him less honour in a manner as it had before subsisted with re-judicial proceeding than it would do on vernment was threatened. They all re presented that, superadded to the wa which broke out with France, there wer sufficient grounds for the most alarmin apprehensions from the animosities and re sentments of the adjacent country powers On this subject, there was one observa tion that he could not but make, which he did not know how the hon. gentlema opposite could answer in such a manner a to vindicate either his feelings or his dili gence on the present occasion. The se cond part of the charge was entitled Designs of Mr. Hastings to ruin the Rajah of Benares," and it was stated in the charge, that as soon as Mr. Hastings found himself in a majority at the council by the death of general Clavering and col. Monson, he suddenly made use of his power to enforce the demand of an extraordinary subsidy from Cheit Sing, in order to furnish himself with the means of any other occasion, endeavoured to confound the understandings of gentlemen by a play and cavil of words. He had represented the expression of Mr. Hastings as contradictory and absurd, inasmuch as it was a declaration, "that, provided the zemindar should pay to the council such sums of money as should be demanded from him over and above his stated annual tribute, that then they would demand no money from him whatever." The absurdity of such a proposition was self-evident; but not more absurd than a construction which might just as easily be put on the terms of the deed or patent of confirmation to Cheit Sing, which might as easily be rendered thus: " As long as you continue to yield due obedience to our authority, we promise to exercise no authority over you whatsoever." That the hon. gentleman (Mr. Francis) was not averse to the ideas and practice of exacting from the zemindars and aumils extra-wreaking his vengeance on that prince. ordinary aids on extraordinary emergen- He desired the House to pause for a cies, notwithstanding express stipulations moment, and to consider the full force of for certain regular and definite annual pay- the insinuation contained in these words. ments, was obvious from his own proposal Could there be a more malignant charge as recorded on the Journals of the Coun- brought against a man than that which he cil, in which he recommends to put all had just stated? Was it not of such a the dependencies of Bengal on a footing nature, that all hearing it must necessasimilar to that of Benares, apportioning a rily conclude, that it was the intention of regular, constant, annual tribute to each, the accuser to impress the minds of men with an observation, "that extraordinary with an opinion, that this act of Mr. Hastdemands may be supplied by temporary ings was the effect of a wanton and deli expedients; but that if such extraordinary berate malice, long bent on an act of supplies were to be added to the established cruelty and injustice, to which he gave jumma, or annual tribute, then they would vent on the very first opportunity? He become a part of the established revenue, should not lay any stress on the circumand so be exacted in times of peace and stance of Mr. Hastings having been in safety, as well as those of war and danger." possession of a majority in the council These words were sufficient to explain to from the death of col. Monson, which the House what was the real situation of happened long before: all which would be Cheit Sing; and this, as he had no hesita- necessary for him to remind the committion to declare, was, that he stood insured tee of, as a complete antidote to every from any increase of his jumma, or annual unfavourable impression which the untribute, yet became liable, according to warrantable acrimony of the charge might his ability, to demands for the service of have given rise to, was, that two days bethe Company on any pressing emergency. fore the resolution for exacting the five The next object which he should con- lacks of rupees from Cheit Sing had been sider was, whether the situation of the proposed in the council, Mr. Hastings had affairs of the Company in India constituted received an account of the breaking out of an emergency sufficient to justify the exer- the French war. To have passed over such cise of that right of sovereignty which Mr. a circumstance as this, one so striking and Hastings exercised in making the extra- so obvious, and to discover a motive so ordinary demand on the Rajah? To this base and diabolical as that which he had, he should say but few words, because the imputed to Mr. Hastings, could only be most determined adversaries of Mr. Hast-accounted for on principles extremely inings seemed industriously to impress the public with an idea of the magnitude of the danger with which the Eastern go jurious to the candour and integrity of the hon. gentleman, or else by supposing that the laborious and pertinacious atten |