justify evil actions, they will take good care that
the most nefarious of their deeds shall never want
a sufficient justification. But then he calls
upon his life and his character to oppose to his seal;
and though he has declared that Mr. Holwell had intended
ill to the Nabob, and that he approved of those measures,
and only postponed them, yet he thought it necessary,
he says, to quiet the fears of the Nabob; and from
this motive he did an act abhorrent to his nature,
and which, he says, he expressed his abhorrence of
the morning after he signed it: not that he did
so; but if he had, I believe it would only have made
the thing so many degrees worse. Your Lordships
will observe, that, in this conference, as stated
by himself, these reasons and apologies for it did
not appear, nor did they appear in the letter, nor
anywhere else, till next year, when he came upon his
trial. Then it was immediately recollected that
Mr. Holwell’s designs were so wicked they certainly
must be known to the Nabob, though he never mentioned
them in the conference of the morning or the evening
of the 15th; yet such was now the weight and prevalence
of them upon the Major’s mind, that he calls
upon Mr. Hastings to know whether the Nabob was not
informed of these designs of Mr. Holwell against him.
Mr. Hastings’s memory was not quite correct upon
the occasion. He does not recollect anything
of the matter. He certainly seems not to think
that he ever mentioned it to the Nabob, or the Nabob
to him; but he does recollect, he thinks, speaking
something to some of the Nabob’s attendants
upon it, and further this deponent sayeth not.
On this state of things, namely, the purity of intention,
the necessities of the Company, the propriety of keeping
the Nabob in perfect good-humor and removing suspicions
from his mind, which suspicions he had never expressed,
they came to the resolution I shall have the honor
to read to you: “That the representation,
given in the said defence, of the state of the affairs
of the country at that time” (that is, about
the month of April, 1760) “is true and just”
(that is, the bad state of the country, which we shall
consider hereafter); “that, in such circumstances,
the Nabob’s urgent account of his own distresses,
the Colonel’s desire of making him easy,”
(for here is a recapitulation of the whole defence,)
“as the first thing necessary for the good of
the service, and the suddenness of the thing proposed,
might deprive him for a moment of his recollection,
and surprise him into a measure which, as to the measure
itself, he could not approve. That such only were
the motives which did or could influence Colonel Calliaud
to assent to the proposal is fully evinced by the
deposition of Captain Knox and Mr. Lushington, that
his [Calliaud’s] conscience,
at the time, never reproached him with a bad design.”
Your Lordships have heard of the testimony of a person to his own conscience; but the testimony of another man to any one’s conscience—this is the first time, I believe, it ever appeared in a judicial proceeding. It is natural to say, “My conscience acquits me of it”; but they declare, that “his conscience never reproached him with a bad design, and therefore, upon the whole, they are satisfied that his intention was good, though he erred in the measure.”