When he had thus disturbed the landed property of Benares, and distributed it according to his own will, he thought it would be proper to fix upon a person to govern the country; and of this person he himself made the choice.  It does not appear that the people could have lost, even by the revolt of Cheyt Sing, the right which was inherent in them to be governed by the lawful successor of his family.  We find, however, that this man, by his own authority, by the arbitrary exercise of his own will and fancy, did think proper to nominate a person to succeed the Rajah who had no legal claims to the succession.  He made choice of a boy about nineteen years old; and he says he made that choice upon the principle of this boy’s being descended from Bulwant Sing by the female line.  But he does not pretend to say that he was the proper and natural heir to Cheyt Sing; and we will show you the direct contrary.  Indeed, he confesses the contrary himself; for he argues, in his defence, that, when a new system was to be formed with the successor of Cheyt Sing who was not his heir, such successor had no claim of right.

But perhaps the want of right was supplied by the capacity and fitness of the person who was chosen.  I do not say that this does or can for one moment supersede the positive right of another person; but it would palliate the injustice in some degree.  Was there in this case any palliative matter?  Who was the person chosen by Mr. Hastings to succeed Cheyt Sing?  My Lords, the person chosen was a minor:  for we find the prisoner at your bar immediately proceeded to appoint him a guardian.  This guardian he also chose by his own will and pleasure, as he himself declares, without referring to any particular claim or usage,—­without calling the Pundits to instruct him, upon whom, by the Gentoo laws, the guardianship devolved.

I admit, that, in selecting a guardian, he did not, in one respect, act improperly; for he chose the boy’s father, and he could not have chosen a better guardian for his person.  But for the administration of his government qualities were required which this man did not possess.  He should have chosen a man of vigor, capacity, and diligence, a man fit to meet the great difficulties of the situation in which he was to be placed.

Mr. Hastings, my Lords, plainly tells you that he did not think the man’s talents to be extraordinary, and he soon afterwards says that he had a great many incapacities.  He tells you that he has a doubt whether he was capable of realizing those hopes of revenue which he (Mr. Hastings) had formed.  Nor can this be matter of wonder, when we consider that he had ruined and destroyed the ancient system, the whole scheme and tenor of public offices, and had substituted nothing for them but his own arbitrary will.  He had formed a plan of an entire new system, in which the practical details had no reference to the experience and wisdom of past ages.  He did not take the government as he found it; he did not take the system of offices as it was arranged to his hand; but he dared to make the wicked and flagitious experiment which I have stated,—­an experiment upon the happiness of a numerous people, whose property he had usurped and distributed in the manner which has been laid before your Lordships.  The attempt failed, and he is responsible for the consequences.