III
At the Trial of Warren Hastings^*a*b
(1788)

My Lords, you have now heard the principles on which Mr. Hastings governs the part of Asia subjected to the British Empire. Here he has declared his opinion that he is a despotic prince; that he is to use arbitrary power; and, of course, all his acts are covered with that shield. "I know," says he, "the Constitution of Asia only from its practise." Will your lordships submit to hear the corrupt practises of mankind made the principles of government? He have arbitrary power!—my lords, the East India Company have not arbitrary power to give him; the king has no arbitrary power to give him; yourlordships have not; nor the Commons; nor the whole Legislature.

We have no arbitrary power to give, because arbitrary power is a thing which neither any man can hold nor any man can give. No man can lawfully govern himself according to his own will—much less can one person be governed by the will of another. We are all born in subjection—all born equally, high and low, governors and governed, in subjection to one great, immutable, preexistent law, prior to all our devices, and prior to all our contrivances, paramount to all our ideas and to all our sensations, antecedent to our very existence, by which we are knit and connected in the eternal frame of the universe, out of which we can not stir.

This great law does not arise from our conventions or compacts; on the contrary, it gives to our conventions and compacts all the force andsanction they can have: it does not arise from our vain institutions. Every good gift is of God, all power is of God; and He who has given the power, and from whom alone it originates, will never suffer the exercise of it to be practised upon any less solid foundation than the power itself.

If, then, all dominion of man over man is the effect of the divine disposition, it is bound by the eternal laws of Him that gave it, with which no human authority can dispense; neither he that exercises it, nor even those who are subject to it; and, if they were mad enough to make an express compact, that should release their magistrate from his duty, and should declare their lives, liberties and properties, dependent upon, not rules and laws, but his mere capricious will, that covenant would be void.

This arbitrary power is not to be had by conquest. Nor can any sovereign have it bysuccession; for no man can succeed to fraud, rapine, and violence. Those who give and those who receive arbitrary power are alike criminal; and there is no man but is bound to resist it to the best of his power, wherever it shall show its face to the world.

Law and arbitrary power are in eternal enmity. Name me a magistrate, and I will name property; name me power, and I will name protection. It is a contradiction in terms, it is blasphemy in religion, it is wickedness in politics, to say that any man can have arbitrary power. In every patent of office the duty is included. For what else does a magistrate exist? To suppose for power, is an absurdity in idea. Judges are guided and governed by the eternal laws of justice, to which we are all subject. We may bite our chains, if we will; but we shall be made to know ourselves, and be taught that man is born to be governed by law; and he that willsubstitute will in the place of it is an enemy to God.

My lords, I do not mean now to go farther than just to remind your lordships of this—that Mr. Hastings’ government was one whole system of oppression, of robbery of individuals, of spoliation of the public, and of supersession of the whole system of the English government, in order to vest in the worst of the natives all the power that could possibly exist in any government; in order to defeat the ends which all governments ought, in common, to have in view. In the name of the Commons of England, I charge all this villainy upon Warren Hastings, in this last moment of my application to you.

My lords, what is it that we want here, to a great act of national justice? Do we want a cause, my lords? You have the cause of oppressed princes, of undone women of the first rank, of desolated provinces, and of wasted kingdoms.

Do you want a criminal, my lords? When was there so much iniquity ever laid to the charge of any one? No, my lords, you must not look to punish any other such delinquent from India. Warren Hastings has not left substance enough in India to nourish such another delinquent.

My lords, is it a prosecutor you want? You have before you the Commons of Great Britain as prosecutors; and I believe, my lords, that the sun, in his beneficent progress round the world, does not behold a more glorious sight than that of men, separated from a remote people by the material bounds and barriers of nature, united by the bond of a social and moral community—all the Commons of England resenting, as their own, the indignities and cruelties that are offered to all the people of India.

Do we want a tribunal? My lords, no example of antiquity, nothing in the modern world,nothing in the range of human imagination, can supply us with a tribunal like this. We commit safely the interests of India and humanity into your hands. Therefore, it is with confidence that, ordered by the Commons,

I impeach Warren Hastings, Esquire, of high crimes and misdemeanors.

I impeach him in the name of the Commons of Great Britain in Parliament assembled, whose parliamentary trust he has betrayed.

I impeach him in the name of all the Commons of Great Britain, whose national character he has dishonored.

I impeach him in the name of the people of India, whose laws, rights and liberties he has subverted; whose properties he has destroyed; whose country he has laid waste and desolate.

I impeach him in the name and by virtue of those eternal laws of justice which he has violated.

I impeach him in the name of human nature itself, which he has cruelly outraged, injured and oppressed, in both sexes, in every age, rank, situation, and condition of life.

My lords, at this awful close, in the name of the Commons and surrounded by them, I attest the retiring, I attest the advancing generations, between which, as a link in the great chain of eternal order, we stand. We call this nation, we call the world to witness, that the Commons have shrunk from no labor; that we have been guilty of no prevarication; that we have madeno compromise with crime; that we have not feared any odium whatsoever, in the long warfare which we have carried on with the crimes, with the vices, with the exorbitant wealth, with the enormous and overpowering influence of Eastern corruption.

My lords, it has pleased Providence to place us in such a state that we appear every moment to be upon the verge of some great mutations. There is one thing, and one thing only, which defies all mutation: that which existed before the world, and will survive the fabric of the world itself—I mean justice; that justice which, emanating from the Divinity, has a place in the breast of every one of us, given us for our guide with regard to ourselves and with regard to others, and which will stand, after this globe is burned to ashes, our advocate or our accuser, before the great Judge, when He comes to call upon us for the tenor of a well-spent life.

My lords, the Commons will share in every fate with your lordships; there is nothing sinister which can happen to you, in which we shall not all be involved; and, if it should so happen that we shall be subjected to some of those frightful changes which we have seen—if it should happen that your lordships, stripped of all the decorous distinctions of human society, should, by hands at once base and cruel, be led to those scaffolds and machines of murder upon which great kings and glorious queens have shed their blood, amidst theprelates, amidst the nobles, amidst the magistrates, who supported their thrones—may you in those moments feel that consolation which I am persuaded they felt in the critical moments of their dreadful agony!

My lords, if you must fall, may you so fall! but, if you stand—and stand I trust you will—together with the fortune of this ancient monarchy, together with the ancient laws and liberties of this great and illustrious kingdom, may you stand as unimpeached in honor as in power; may you stand, not as a substitute for virtue, but as an ornament of virtue, as a security for virtue; may you stand long, and long stand the terror of tyrants; may you stand the refuge of afflicted nations; may you stand a sacred temple, for the perpetual residence of an inviolable justice!

^*aFrom his speech before the High Court of Impeachment, in Westminster Hall, February, 1788. It was of this speech that Hastings said, "For the first half hour, I looked up to the orator in a reverie of wonder, and during that time I felt myself the most culpable man on earth." Burke spoke during four sittings, beginning on February 13. Macaulay in his essay on Warren Hastings, has described this memorable scene:
’There have been spectacles more dazzling to the eye, more gorgeous with jewelry and cloth of gold, more attractive to grown-up children, than that which was then exhibited at Westminster, but perhaps, there was never a spectacle so well calculated to strike a highly cultivated, a reflecting, an imaginative mind. All the various kinds of interest which belong to the near and to the distant, to the present, and to the past, were collected on one spot, and in one hour. All the talents and all the accomplishments which are developed by liberty and civilization were now displayed; with every advantage that could be derived both from cooperation and from contrast."Every step in the proceedings carried the mind either backward, through many troubled centuries, to the days when the foundations of our Constitution were laid; or far away, over boundless seas and deserts, to dusky nations living under strange stars, worshiping strange gods, and writing strange characters from right to left. The High Court of Parliament was to sit, according to forms handed down from the days of the Plantagenets, on an Englishman accused of exercising tyranny over the lord of the holy city of Benares, and over the ladies of the princely house of Oude."The place was worthy of such a trial. It was the great hall of William Rufus; the hall which had resounded with acclamations at the inauguration of thirty kings; the hall which had witnessed the just sentence of Bacon and the just absolution of Somers; the hall where the eloquence of Stratford had for a moment awed and melted a victorious party inflamed with just resentment; the hall where Charles had confronted the High Court of Justice with the placid courage which has half redeemed his fame. [Footnote continues under popup note *b]

^*b[Footnote continued from *a] "Neither military nor civil pomp was wanting. The avenues were lined with grenadiers. The streets were kept clear by cavalry. The peers, robed in gold and ermine, were marshaled by the heralds under Garter king-at-arms. The judges in their vestments of state attended to give advice on points of law. Near a hundred and seventy lords, three-fourths as the Upper House then was, walked in solemn order from their usual place of assembling to the tribunal. The junior baron present led the way, George Eliott, Lord Heathfield, recently ennobled for his memorable defense of Gibraltar against the fleets and armies of France and Spain. The long procession was closed by the Duke of Norfolk, earl marshal of the realm, by the great dignitaries, and by the brothers and the sons of the king. Last of all came the Prince of Wales, conspicuous by his fine person and noble bearing."The grey old walls were hung with scarlet. The long galleries were crowded by an audience such as has rarely excited the fears or the emulation of an orator. There were gathered together, from all parts of a great, free, enlightened, and prosperous Empire, grace and female loveliness, wit and learning, the representatives of every science and of every art. There were seated around the queen the fair-haired young daughters of the house of Brunswick. There the ambassadors of great kings and commonweaths gazed with admiration on a spectacle which no other country in the world could present. There Siddons, in the prime of her majestic beauty, looked with emotion on a scene surpassing all the imitations of the stage. There the historian of the Roman Empire thought of the days when Cicero pleaded the cause of Sicily against Verres, and when, before a senate which still retained some show of freedom, Tacitus thundered against the oppressor of Africa."There were seen, side by side, the greatest painter and the greatest scholar of the age. The spectacle had allured Reynolds from that easel which has preserved to us the thoughtful foreheads of so many writers and statesmen, and the sweet smiles of so many noble matrons. It had induced Parr to suspend his labors in that dark and profound mine from which he had extracted a vast tresure of erudition—a treasure too often buried in the earth, too often paraded with injudicious and inelegant ostentation, but still precious, massive, and splendid. There appeared the voluptuous charms of her to whom the heir of the throne had in secret plighted his faith. There, too, was she, the beautiful mother of a beautiful race, the Saint Cecilia, whose delicate features, lighted up by love and music, art has rescued from the common decay. There were the members of that brilliant society which quoted, criticized, and exchanged repartees, under the rich peacock-hangings of Mrs. Montague. And there the ladies whose lips, more persuasive than those of Fox himself, had carried the Westminster election against, palace and treasury, shone round Georgiana, Duchess of Devonshire."