The Works of the Right Honourable Edmund Burke Volume VIII Part 20

That it further appears, that, notwithstanding the new administrator aforesaid was appointed two months, or thereabouts, after the beginning of the Fusseli year, that is to say, about the middle of November, 1782, and the former administrator had collected a certain portion of the revenues of that year, amounting to 17,000_l._ and upwards, yet he, the said new administrator, upon the unjust and destructive principle aforesaid, suggested by the cruel and violent proceedings of the said Warren Hastings towards his predecessor, did levy on the province, within the said year, the whole amount of the revenues to be collected, in addition to the sum collected by his predecessor aforesaid.

That, on account of a great drought which prevailed in the province aforesaid, a remission of certain duties in grain was proposed by the chief criminal judge at Benares; but the administrator aforesaid, being fearful that the revenue should fall short in his hands, did strenuously oppose himself to the necessary relief to the inhabitants of the said city.

That, notwithstanding the cantonment of several bodies of the Company's troops within the province, since the abolition of the native government, it became subject in a particular manner to the depredations of the Rajahs upon the borders; insomuch that in one quarter no fewer than thirty villages had been sacked and burned, and the inhabitants reduced to the most extreme distress.

That the Resident, in his letter to the board at Calcutta, did represent that the collection of the revenue was become very difficult, and, besides the extreme drought, did a.s.sign for a cause of that difficulty the following. "That there is also one fund which in former years was often applied in this country to remedy temporary inconveniences in the revenue, and which in the present year does not exist. This was the private fortunes of merchants and _shroffs_ [bankers] resident in Benares, from whom _aumils_ [collectors] of credit could obtain temporary loans to satisfy the immediate calls of the Rajah. These sums, which used to circulate between the aumil and the merchant, have been turned into a different channel, by bills of exchange to defray the expenses of government, both on the west coast of India, and also at Madras." To which representation it does not appear that any answer was given, or that any mode of redress was adopted in consequence thereof.

That the said Warren Hastings, having pa.s.sed through the province of Benares (Gazipore) in his progress towards Oude, did, in a letter dated from the city of Lucknow, the 2d of April, 1784, give to the Council Board at Calcutta an account, highly dishonorable to the British government, of the effect of the arrangements made by himself in the years 1781 and 1782, in the words following. "Having contrived, by making forced stages, while the troops of my escort marched at the ordinary rate, to make a stay of five days at Benares, I was thereby furnished with the means of acquiring some knowledge of the state of the province, which I am anxious to communicate to you. Indeed, the inquiry, which was _in a great degree obtruded upon me_, affected me with very mortifying reflections on my inability to apply it to any useful purpose. From the confines of Buxar to Benares I was followed and _fatigued_ by the clamors of the discontented inhabitants. It was what I expected in a degree, because it is rare that the exercise of authority should prove satisfactory to all who are the objects of it. The distresses which were produced by the long-continued drought unavoidably tended to heighten the general discontent; _yet I have reason to fear that the cause existed princ.i.p.ally in a defective, if not a corrupt and oppressive administration_. Of a mult.i.tude of pet.i.tions which were presented to me, and of which I took minutes, every one that did not relate to a personal grievance contained the representation of one and the same species of oppression, which is in its nature of an influence most fatal to the future cultivation. The practice to which I allude is this. It is affirmed that the aumils and renters exact from the proprietors of the actual harvest a large increase in kind on their stipulated rent: that is, from those who hold their _pottah_ by the tenure of paying _one half_ of the produce of their crops, either _the whole_ without subterfuge, or a _large_ proportion of it by a _false measurement_ or other pretexts; and from those whose engagements are for a fixed rent _in money_, the half, or a greater proportion, is taken _in kind_. This is in effect a tax upon the industry of the inhabitants: since there is scarce a field of grain in the province, _I might say not one_, which has not been preserved by the incessant labor of the cultivator, by digging wells for their supply, or watering them from the wells of masonry with which their country abounds, or from the neighboring tanks, rivers, and nullahs. The people who imposed on themselves this voluntary and extraordinary labor, and not unattended with expense, did it on the expectation of reaping the profits of it; and it is certain they would not have done it, if they had known that their rulers, _from whom they were ent.i.tled to an indemnification_, would take from them what they had so hardly earned. If the same administration continues, and the country shall again labor under a want of rain, _every field will be abandoned, the revenue fail, and thousands perish through want of subsistence_: for who will labor for the _sole_ benefit of others, and to make himself the subject of exaction? These practices are to be imputed to the Naib himself" (the administrator forced by the said Warren Hastings on the present Rajah of Benares).

"The avowed principle on which he acts, and which he acknowledged to myself, is, that the _whole_ sum fixed for the revenue of the province _must_ be collected,--and that, for this purpose, the deficiency arising in places where the crops have failed, or which have been left uncultivated, must be supplied from the resources of others, where the soil has been better suited to the season, or the industry of the cultivators hath been more successfully exerted: a principle which, however specious and plausible it may at first appear, _certainly tends to the most pernicious and destructive consequences_. If this declaration of the Naib had been made only to myself, I might have doubted my construction of it; but it was repeated by him to Mr.

Anderson, who understood it exactly in the same sense. In the management of the customs, the conduct of the Naib, or of the officer under him, was forced also upon my attention. _The exorbitant rates exacted by an arbitrary valuation of the goods_, the practice of exacting duties _twice_ on the same goods, (first from the seller, and afterwards from the buyer,) and the vexations, disputes, and delays drawn on the merchants by these oppressions, were loudly complained of; and some instances of this kind were said to exist at the very time I was at Benares. Under such circ.u.mstances, we are not to wonder, if the merchants of foreign countries are discouraged from resorting to Benares, and if the commerce of that province should annually decay.

_Other_ evils, or imputed evils, have accidentally come to my knowledge, which I will not now particularize, as I hope, that, with the a.s.sistance of the Resident, they may be _in part_ corrected. One evil I must mention, because it has been verified by my own observation, and is of that kind which reflects an unmerited reproach on our general and national character. When I was at Buxar, the Resident, at my desire, enjoined the Naib to appoint creditable people to every town through which our route lay, to persuade and encourage the inhabitants to remain in their houses, promising to give them guards as I approached, and they required it for their protection; and that he might perceive how earnest I was for his observation of this precaution, I repeated it to him in person, and dismissed him that he might precede me for that purpose.

But, to my great disappointment, _I found every place through which I pa.s.sed abandoned; nor had there been a man left in any of them for their protection_. I am sorry to add, _that, from Buxar to the opposite boundary, I have seen nothing but traces of complete devastation in every village: whether caused by the followers of the troops which have lately pa.s.sed, for their natural relief, (and I know not whether my own may not have had their share,)_ or from the apprehensions of the inhabitants left to themselves, and of themselves deserting their houses. I wish to acquit my own countrymen of the blame of these unfavorable appearances, and in my own heart I do acquit them; for at one encampment a crowd of people came to me complaining that _their new aumil (collector), on the approach of any military detachment, himself first fled from the place; and the inhabitants, having no one to whom they could apply for redress, or for the representation of their grievances, and being thus remediless, fled also; so that their houses and effects became a prey to any person who chose to plunder them_. The general conclusion appeared to me an inevitable consequence from such a state of facts; and my own senses bore testimony to it in this specific instance: nor do I know how it is possible for any officer commanding a military party, how attentive soever he may be to the discipline and forbearance of his people, to prevent disorders, _when there is neither opposition to hinder nor evidence to detect them_. These and many other irregularities I impute _solely_ to the Naib, and recommend his instant removal. I cannot help remarking, that, except the city of Benares, _the province is in effect without a government. The administration of the province is misconducted, and the people oppressed, trade discouraged, and the revenue in danger of a rapid decline, from the violent appropriation of its means._"

That the said Warren Hastings did recommend to the Council, for a remedy of the disorders and calamities which had arisen from his own acts, dispositions, and appointments, that the administrator aforesaid should be instantly removed from his office,--attributing the aforesaid "irregularities, _and many others, solely_ to him," although, on his own representation, it does appear that he was the sole cause of the irregularities therein described. Neither does it appear that the administrator, so by the said Hastings nominated and removed, was properly charged and called to answer for the said recited irregularities, or for the _many others_ not recited, but _attributed solely_ to him; nor has any plea or excuse from him been transmitted to the board, or to the Court of Directors; but he was, at the instance of the said Hastings, deprived of his said office, contrary to the principles of natural justice, in a violent and arbitrary manner; which proceeding, combined with the example made of his predecessor, must necessarily leave to the person who should succeed to the said office no distinct principle upon which he might act with safety. But in comparing the consequences of the two delinquencies charged, the failure of the payment of the revenues (from whatever cause it may arise) is more likely to be avoided than any severe course towards the inhabitants: as the former fault was, besides the deprivation of office, attended with two imprisonments, with a menace of death, and an actual death, in disgrace, poverty, and insolvency; whereas the latter, namely, the oppression, and thereby the total ruin, of the country, charged on the second administrator, was only followed by loss of office,--although, he, the said Warren Hastings, did farther a.s.sert (but with what truth does not appear) that the collection of the last administrator had fallen much short of the revenue of the province.

That the said Warren Hastings himself was sensible that the frequent changes by him made would much disorder the management of the revenues, and seemed desirous of concealing his intentions concerning the last change until the time of its execution. Yet it appears, by a letter from the British Resident, dated the 23d of June, 1784, "that a very strong report prevailed at Benares of his [the said Hastings's] intentions of appointing a new Naib for the approaching year, and that the effect is evident which the prevalence of such an idea amongst the aumils would probably have on the cultivation at this particular time. The heavy mofussil kists [harvest instalments] have now been collected by the aumils; the season of tillage is arrived; the ryots [country farmers]

must be indulged, and even a.s.sisted by advances; and the aumil must look for his returns in the abundance of the crop, _the consequence of this early attention to the cultivation_. The effect is evident _which the report of a change in the first officer of the revenue must have on the minds of the aumils, by leaving them at an uncertainty of what they have in future to expect_; and in proportion to the degree of this uncertainty, their efforts and expenses in promoting the cultivation will be languid and sparing. In compliance with the Naib's request, I have written to all the aumils, encouraging and ordering them to attend to the cultivation of their respective districts; but I conceive I should be able to promote this very desirable intention much more effectually, if you will honor me with the communication of your intentions on this subject. At the same time I cannot help just remarking, that, if a change is intended, the sooner it takes place, the more _the bad effects_ I have described will be obviated."

That the Council, having received the proposition for the removal of the administrator aforesaid, did also, in a letter to him, the said Hastings, condemn the frequent changes by him made in the administration of the collections of Benares,--but did consent to such alterations as might be made without encroaching on the rights established by his, the said Hastings's, agreement in the year 1781, and did desire him to transmit to them his plan for a new administration.

That the said Hastings did transmit a plan, which, notwithstanding the evils which had happened from the former frequent changes, he did propose _as a temporary expedient_ for the administration of the revenues of the said province,--in which no provision was made for the reduction or remission of revenue as exigences might require, or for the extraction of the circulating specie from the said province, or for the supply of the necessary advances for cultivation, nor for the removal or prevention of any of the grievances by him before complained of, other than an inspection by the Resident and the chief criminal magistrate of Benares, and other regulations equally void of effect and authority,--and which plan Mr. Stables, one of the Supreme Council, did altogether reject; but the same was approved of _as a temporary expedient_, with some exceptions, by two other members of the board, Mr.

Wheler and Mr. Macpherson, declaring _the said Warren Hastings responsible for the temporary expediency of the same_.

That the said Warren Hastings, in the plan aforesaid, having strongly objected to the appointment of any European collectors, that is to say, of any European servants of the Company being concerned in the same, declaring that there had been sufficient experience of the ill effects of their being so employed in the province of Bengal,--by which the said Hastings did either in loose and general terms convey a false imputation upon the conduct of the Company's servants employed in the collection of the revenues of Bengal, or he was guilty of a criminal neglect of duty in not bringing to punishment the particular persons whose evil practices had given rise to such a general imputation on British subjects and servants of the Company as to render them unfit for service in other places.

That the said Warren Hastings, having in the course of three years made three complete revolutions in the state of Benares, by expelling, in the first instance, the lawful and rightful governor of the same, under whose care and superintendence a large and certain revenue, suitable to the abilities of the country, and consistent with its prosperity, was paid with the greatest punctuality, and by afterwards displacing two effective governors or administrators of the province, appointed in succession by himself, and, in consequence of the said appointments and violent and arbitrary removals, the said province "being left in effect without a government," except in one city only, and having, after all, settled no more than a temporary arrangement, is guilty of an high crime and misdemeanor in the destruction of the country aforesaid.

IV.--PRINCESSES OF OUDE.

I. That the reigning Nabob of Oude, commonly called Asoph ul Dowlah, (son and successor to Sujah ul Dowlah,) by taking into or continuing in his pay certain bodies of regular British troops, and by having afterwards admitted the British Resident at his court into the management of all his affairs, foreign and domestic, and particularly into the administration of his finances, did gradually become in substance and effect, as well as in general repute and estimation, a dependant on, or va.s.sal of, the East India Company, and was, and is, so much under the control of the Governor-General and Council of Bengal, that, in the opinion of all the native powers, the English name and character is concerned in every act of his government.

II. That Warren Hastings, Esquire, contrary to law and to his duty, and in disobedience to the orders of the East India Company, arrogating to himself the nomination of the Resident at the court of Oude, as his particular agent and representative, and rejecting the Resident appointed by the Company, and obtruding upon them a person of his own choice, did from that time render himself in a particular manner responsible for the good government of the provinces composing the dominions of the Nabob of Oude.

III. That the provinces aforesaid, having been at the time of their first connection with the Company in an improved and flouris.h.i.+ng condition, and yielding a revenue of more than three millions of pounds sterling, or thereabouts, did soon after that period begin sensibly to decline, and the subsidy of the British troops stationed in that province, as well as other sums of money due to the Company by treaty, ran considerably in arrear; although the prince of the country, during the time these arrears accrued, was otherwise in distress, and had been obliged to reduce all his establishments.

IV. That the prince aforesaid, or Nabob of Oude, did, in humble and submissive terms, supplicate the said Warren Hastings to be relieved from a body of troops whose licentious behavior he complained of, and who were stationed in his country without any obligation by treaty to maintain them,--pleading the failure of harvest and the prevalence of famine in his country: a compliance with which request by the said Warren Hastings was refused in unbecoming, offensive, and insulting language.

V. That the said Nabob, laboring under the aforesaid and other burdens, and being continually urged for payment, was advised to extort, and did extort, from his mother and grandmother, under the pretext of loans, (and sometimes without that appearance,) various great sums of money, amounting in the whole to six hundred and thirty thousand pounds sterling, or thereabouts: alleging in excuse the rigorous demands of the East India Company, for whose use the said extorted money had been demanded, and to which a considerable part of it had been applied.

VI. That the two female parents of the Nabob aforesaid were among the women of the greatest rank, family, and distinction in Asia, and were left by the deceased Nabob, the son of the one and the husband of the other, in charge of certain considerable part of his treasures, in money and other valuable movables, as well as certain landed estates, called jaghires, in order to the support of their own dignity, and the honorable maintenance of his women, and a numerous offspring, and their dependants: the said family amounting in the whole to two thousand persons, who were by the said Nabob, at his death, recommended in a particular manner to the care and protection of the said Warren Hastings.

VII. That, on the demand of the Nabob of Oude on his parents for the last of the sums which completed the six hundred and thirty thousand pounds aforesaid, they, the said parents, did positively refuse to pay any part of the same to their son for the use of the Company, until he should agree to certain terms to be stipulated in a regular treaty, and among other particulars to secure them in the remainder of their possessions, and also on no account or pretence to make any further demands or claims on them; and well knowing from whence all his claims and exactions had arisen, they demanded that the said treaty, or family compact, should be guarantied by the Governor-General and Council of Bengal: and a treaty was accordingly agreed to, executed by the Nabob, and guarantied by John Bristow, Esquire, the Resident at Oude, under the authority and with the express consent of the said Warren Hastings and the Council-General, and in consequence thereof the sum last required was paid, and discharges given to the Nabob for all the money which he had borrowed from his own mother and the mother of his father.

That, the distresses and disorders in the Nabob's government and his debt to the Company continuing to increase, notwithstanding the violent methods before mentioned taken to augment his resources, the said Warren Hastings, on the 21st of May, and on the 31st July, 1781, (he and Mr.

Wheler being the only remaining members of the Council-General, and he having the conclusive and casting voice, and thereby being in effect the whole Council,) did, in the name and under the authority of the board, resolve on a journey to the upper provinces, in order to a personal interview with the Nabob of Oude, towards the settlement of his distressed affairs, and did give to himself a delegation of the powers of the said Council, in direct violation of the Company's orders forbidding such delegation.

VIII. That the said Warren Hastings having by his appointment met the Nabob of Oude near a place called Chunar, and possessing an entire and absolute command over the said prince, he did, contrary to justice and equity and the security of property, as well as to public faith and the sanction of the Company's guaranty, under the color of a treaty, which treaty was conducted secretly, without a written doc.u.ment of any part of the proceeding except the pretended treaty itself, authorize the said Nabob to seize upon, and confiscate to his own profit, the landed estates, called jaghires, of his parents, kindred, and princ.i.p.al n.o.bility: only stipulating a pension to the net amount of the rent of the said lands as an equivalent, and that equivalent to such only whose lands had been guarantied to them by the Company; but provided neither in the said pretended treaty nor in any subsequent act the least security for the payment of the said pension to those for whom such pension was ostensibly reserved, and for the others not so much as a show of indemnity;--to the extreme scandal of the British government, which, valuing itself upon a strict regard to property, did expressly authorize, if it did not command, an attack upon that right, unprecedented in the despotic governments of India.

IX. That the said Warren Hastings, in order to cover the violent and unjust proceedings aforesaid, did a.s.sert a claim of right in the same Nabob to all the possessions of his said mother and grandmother, as belonging to him by the Mahomedan law; and this pretended claim was set up by the said Warren Hastings, after the Nabob had, by a regular treaty ratified and guarantied by the said Hastings as Governor-General, renounced and released all demands on them. And this false pretence of a legal demand was taken up and acted upon by the said Warren Hastings, without laying the said question on record before the Council-General, or giving notice to the persons to be affected thereby to support their rights before any of the princ.i.p.al magistrates and expounders of the Mahomedan law, or taking publicly the opinions of any person conversant therein.

X. That, in order to give further color to the acts of ill faith and violence aforesaid, the said Warren Hastings did cause to be taken at Lucknow and other places, before divers persons, and particularly before Sir Elijah Impey, Knight, his Majesty's chief-justice, acting extra-judicially, and not within the limits of his jurisdiction, several pa.s.sionate, careless, irrelevant, and irregular affidavits, consisting of matter not fit to be deposed on oath,--of reports, conjectures, and hearsays; some of the persons swearing to the said hearsays having declined to declare from whom they heard the accounts at second hand sworn to; the said affidavits in general tending to support the calumnious charge of the said Warren Hastings, namely, that the aged women before mentioned had formed or engaged in a plan for the deposition of their son and sovereign, and the _utter extirpation_ of the English nation: and neither the said charge against persons whose dependence was princ.i.p.ally, if not wholly, on the good faith of this nation, and highly affecting the honor, property, and even lives, of women of the highest condition, nor the affidavits intended to support the same, extra-judicially taken, _ex parte_, and without notice, by the said Sir Elijah Impey and others, were at any time communicated to the parties charged, or to any agent for them; nor were they called upon to answer, nor any explanation demanded of them.

XI. That the article affecting private property secured by public acts, in the said pretended treaty, contains nothing more than a general permission, given by the said Warren Hastings, for confiscating such jaghires, or landed estates, with the modifications therein contained, "as _he_ [the Nabob] may find necessary," but does not directly point at, or express by name, any of the landed possessions of the Nabob's mother. But soon after the signing of the said pretended treaty, (that is, on the 29th November, 1781,) it did appear that a princ.i.p.al object thereof was to enable the Nabob to seize upon the estates of his female parents aforesaid, which had been guarantied to them by the East India Company. And although in the treaty, or pretended treaty, aforesaid, nothing more is purported than to give a simple permission to the Nabob to seize upon and confiscate the estates, leaving the execution or non-execution of the same wholly to his discretion, yet it appears, by several letters from Nathaniel Middleton, Esquire, the Resident at the Court of Oude, of the 6th, 7th, and 9th of December, 1781, that no such discretion as expressed in the treaty was left, or intended to be left, with him, the said Nabob, but that the said article ought practically to have a construction of a directly contrary tendency: that, instead of considering the article as originating from the Nabob, and containing a power provided in his favor which he did not possess before, the confiscation of the jaghires aforesaid was to be considered as a measure originating from the English, and to be intended for their benefit, and, as such, that the execution was to be forced upon him; and the execution thereof was accordingly forced upon him. And the Resident, Middleton, on the Nabob's refusal to act in contradiction to his sworn engagement guarantied by the East India Company, and in the undutiful and unnatural manner required, did totally supersede his authority in his own dominions, considering himself as empowered so to act by the instructions of the said Hastings, although he had reason to apprehend a general insurrection in consequence thereof, and that he found it necessary to remove his family, "which he did not wish to retain there, in case of a rupture with the Nabob, or the necessity of employing the British forces in the reduction of _his_ aumils and troops"; and he did accordingly, as sovereign, issue his own edicts and warrants, in defiance of the resistance of the Nabob, in the manner by him described in the letters aforesaid,--in a letter of 6th December, 1781, that is to say: "_Finding the Nabob wavering in his determination about the resumption of the jaghires_, I this day, in presence of and with the minister's concurrence, ordered the necessary purwannahs to be written to the several aumils for that purpose; and it was my firm resolution to have dispatched them this evening, with proper people to see them punctually and implicitly carried into execution; but before they were all transcribed, I received a message from the Nabob, who had been informed by the minister of the resolution I had taken, entreating that I would withhold the purwannahs until to-morrow morning, when he would attend me, and afford me satisfaction on this point. As the loss of a few hours in the dispatch of the purwannahs appeared of little moment, and as it is possible the Nabob, _seeing that the business will at all events be done, may make it an act of his own, I have consented to indulge him in his request; but, be the remit of our interview whatever it may, nothing shall prevent the orders being issued to-morrow, either by him or myself, with the concurrence of the ministers_. Your pleasure respecting the Begums I have learnt from Sir Elijah, and the measure heretofore proposed will soon follow the resumption of the jaghires.

From both, or indeed from the former alone, I have no doubt of the complete liquidation of the Company's balance." And also in another letter, of the 7th December, 1781: "I had the honor to address you yesterday, informing you of the steps I had taken in regard to the resumption of _the jaghires. This morning the Vizier came to me according to his agreement, but seemingly without any intention or desire to yield me satisfaction on the subject under discussion; for, after a great deal of conversation, consisting on his part of trifling evasion and puerile excuses for withholding his a.s.sent to the measure, though at the same time professing the most implicit submission to your wishes, I found myself without any other resource than the one of employing that exclusive authority with which I consider your instructions to vest me: I therefore declared to the Nabob, in presence of the minister and Mr. Johnson, who I desired might bear witness of the conversation, that I construed his rejection of the measure proposed as a breach of his solemn promise to you, and an unwillingness to yield that a.s.sistance which was evidently in his power towards liquidating his heavy acc.u.mulating debt to the Company_, and that I must in consequence determine, in my own justification, _to issue immediately the purwannahs_, which had only been withheld in the sanguine hope that he would be prevailed upon _to make that his own act_ which nothing but the most urgent necessity could force _me to make mine_. He left me without any reply, but afterwards sent for his minister and authorized him to give me hopes that my requisition would be complied with; on which I expressed my satisfaction, but declared that I could admit of no further delays, and, unless I received his Excellency's formal acquiescence before the evening, I should then most a.s.suredly issue _my_ purwannahs; which _I have accordingly done_, not having had any a.s.surances from his Excellency that could justify a further suspension. I shall, as soon as possible, inform you of the effect of the purwannahs, which, in many parts, I am apprehensive it will be found necessary _to enforce with military aid_. I am not, however, entirely without hopes that the Nabob, _when he sees the inefficacy of further opposition_, may alter his conduct, and prevent _the confusion and disagreeable consequences which would be too likely to result from the prosecution of a measure of such importance without his concurrence_. His Excellency talks of going to Fyzabad, for the purpose heretofore mentioned, in three or four days: _I wish he may be serious in his intention_, and you may rest a.s.sured _I shall spare no pains to keep him to it_." And further, in a letter of the 9th December, 1781: "I had the honor to address you on the 7th instant, informing you of the conversation which had pa.s.sed between the Nabob and me on the subject of resuming the jaghires, and the step I had taken in consequence. _His Excellency appeared to be very much hurt and incensed at the measure, and loudly complains of the treachery of his ministers,--first, in giving you any hopes that such a measure would be adopted, and, secondly, in their promising me their whole support in carrying it through; but, as I apprehended, rather than suffer it to appear that the point had been carried in opposition to his will_, he at length yielded a _nominal_ acquiescence, and has this day issued his own purwannahs to that effect,--_declaring, however, at the same time, both to me and his ministers, that it is an act of compulsion_. I hope to be able in a few days, in consequence of this measure, to transmit you an account of the actual value and produce of the jaghires, opposed to the nominal amount at which they stand rated on the books of the circar."

XII. That the said Warren Hastings, instead of expressing any disapprobation of the proceedings aforesaid, in violation of the rights secured by treaty with the mother and grandmother of the reigning prince of Oude, and not less in violation of the sovereign rights of the Nabob himself, did by frequent messages stimulate the said Middleton to a perseverance in and to a rigorous execution of the same,--and in his letter from Benares of the 25th December, 1781, did "express doubts of his firmness and activity, and, above all, of his recollection of his instructions and their importance; and that, if he could not rely on his own [power] and the means he possessed for performing those services, he _would free him_ [the said Middleton] _from the charges_, and would proceed _himself_ to Lucknow, and would _himself_ undertake them."

XIII. That very doubtful credit is to be given to any letters written by the said Middleton to the said Warren Hastings, when they answer the purposes which the said Warren Hastings had evidently in view: the said Middleton having written to him in the following manner from Lucknow, 30th December, 1781.

XIV. "MY DEAR SIR,--I have this day answered your _public_ letter in the form _you seem to expect_. I hope there is nothing in it that may appear to you too pointed. _If you wish the matter to be otherwise understood than I have taken up and stated it, I need not say I shall be ready to conform to whatever you may prescribe, and to take upon myself any share of the blame of the (hitherto) non-performance of the stipulations made on behalf of the Nabob_: though I do a.s.sure you I myself represented to his Excellency and the ministers, (conceiving it to be your desire,) that _the apparent a.s.sumption of the reins of his government_, (for in that light he undoubtedly considered it at the first view,) as specified in the agreement executed by him, was not meant to be _fully_ and _literally_ enforced, but that it was necessary _you should have something to show on your side, as the Company were deprived of a benefit without a requital; and upon the faith of this a.s.surance alone_, I believe I may safely affirm, his Excellency's objections to signing the treaty were given up. If I have understood the matter wrong, or misconceived your design, I am truly sorry for it: _however, it is not too late to correct the error; and I am ready to undertake, and, G.o.d willing, to carry through, whatever you may, on receipt of my public letter, tell me is your final resolve_."

XV. That it appears, but on his, the said Middleton's, sole authority, in a letter from the said Middleton, dated Lucknow, 2d December, 1781, that the Nabob of Oude, wis.h.i.+ng to evade the measure of resuming the jaghires aforesaid, did send a message to him, purporting, "that, if the measure proposed was intended to procure the payment of the balance due to the Company, he could better and more expeditiously effect that object by taking from his mother the treasures of his father, which he did a.s.sert to be in her hands, and to which he did claim a right; and that it would be sufficient that he, the said Hastings, _would hint his opinion upon it, without giving a formal sanction to the measure proposed_; and that, whatever his resolution upon the subject should be, it would be expedient to keep it secret": adding, "_The resumption of the jaghires it is necessary to suspend till I have your answer to this letter_."

XVI. That it does not appear that the said Hastings did write any letter in answer to the proposal of the said Middleton, but he, the said Hastings, did communicate his pleasure thereon, to Sir Elijah Impey, being then at Lucknow, for his, the said Middleton's, information; and it does appear that the seizing of the treasures of the mother of the Nabob, said to have been proposed as _an alternative_ by the said Nabob to prevent the resumption of the jaghires, was determined upon and ordered by the said Hastings,--and that the resumption of the said jaghires, for the ransom of which the seizing of the treasures was proposed, was also directed: not one only, but both sides of the alternative, being enforced upon the female parents of the Nabob aforesaid, although both the one and the other had been secured to them by a treaty with the East India Company.

XVIII.[60] That Sir Elijah Impey, Knight, his Majesty's chief-justice at Port William, did undertake a journey of nine hundred miles, from Calcutta to Lucknow, on pretence of health and pleasure, but was in reality in the secret of these and other irregular transactions, and employed as a channel of confidential communication therein. And the said Warren Hastings, by presuming to employ the said chief-justice, a person particularly unfit for an agent, in the transaction of affairs _prima facie_ at least unjust, violent, and oppressive, contrary to public faith, and to the sentiments and law of Nature, and which he, the said Hastings, was sensible "could not fail to draw obloquy on himself by his partic.i.p.ation," did disgrace the king's commission, and render odious to the natives of Hindostan the justice of the crown of Great Britain.

XIX. That, although the said Warren Hastings was from the beginning duly informed of the violence offered to the personal inclinations of the Nabob, and the "apparent a.s.sumption of the reins of his government," for the purposes aforesaid, yet more than two years after he did write to his private agent, Major Palmer, that is to say, in his letter of the 6th of May, 1783, "that it has been a matter of _equal surprise and concern_ to him to learn from the letters of the Resident that the Nabob Vizier was with difficulty and almost unconquerable reluctance induced to give his consent to the attachment of the treasure deposited by his father under the charge of the Begum, his mother, and to the resumption of her jaghire, and the other jaghires of the individuals of his family": which pretence of ignorance of the Nabob's inclinations is fict.i.tious and groundless. But whatever deception he might pretend to be in concerning the original intention of the Nabob, he was not, nor did he pretend to be, ignorant of his, the Nabob's, reluctance to _proceed_ in the said measures; but did admit his knowledge of the Nabob's reluctance to their full execution, and yet did justify the same as follows.

XX. "I desire that you will inform him [the Nabob], that, in these and the other measures which were either proposed by him or received his concurrence in the agreement pa.s.sed between us at Chunar, I neither had nor could have any object _but his relief, and the strengthening of his connection with the Company_; and that I should not on any other ground have exposed myself to _the personal obloquy which they could not fail to draw upon me by my partic.i.p.ation in them_, but left him to regulate by his own discretion and by his own means the economy of his own finances, and, _with much more cause, the a.s.sertion of his domestic right. In these he had no regular claim to my interference_; nor had I, in my public character, any claim upon him, but for the payment of the debt then due from him to the Company, although I was under the strongest obligations to require it for the relief of the pressing exigencies of their affairs. He will well remember the manner in which, at a visit to him in his own tent, I declared my acquiescence freely, and without hesitation, to each proposition, which afterwards formed the substance of a written agreement, as he severally made them; and he can want no other evidence of my motives for _so cheerful a consent_, nor for the requests which I added as the means of fulfilling his purposes in them. Had he not made these measures his own option, I should not have proposed them; _but having once adopted them, and made them the conditions of a formal and sacred agreement, I had no longer an option to dispense with them, but was bound to the complete performance and execution of them, as points of public duty and of national faith, for which I was responsible to my king, and the Company my immediate superiors: and this was the reason for my insisting on their performance and execution, when I was told that the Nabob himself had relaxed from his original purpose, and expressed a reluctance to proceed in it_."

XXI. That the said Warren Hastings does admit that the Nabob _had_ originally no regular claim upon him for his interference, or he any claim on the Nabob, which, might ent.i.tle him to interfere in the Nabob's domestic concerns; yet, in order to justify his so invidious an interference, he did, in the letter aforesaid, give a false account of the said treaty, which (as before mentioned) did nothing more than give a _permission_ to the Nabob to resume the jaghires, _if HE should judge the same to be necessary_, and did therefore leave the right of dispensing with the whole, or any part thereof, as much in his option after the treaty as it was before: the declared intent of the article being only to remove the restraint of the Company's guaranty forbidding such resumption, but furnis.h.i.+ng nothing which could authorize putting that resumption into the hands and power of the Company, to be enforced at their discretion. And with regard to the other part of the spoil made by order of the said Hastings, and by him in the letter aforesaid stated to be made equally against the will of the Nabob, namely, that which was committed on the personal and movable property of the female parents of the Nabob, nothing whatsoever in relation to the same is stipulated in the said pretended treaty.

XXII. That the said Hastings, in a.s.serting that he was bound to the acts aforesaid by public duty, and even by national faith, in the very instance in which that national faith was by him grossly violated, and in justifying himself by alleging that he was bound to the _complete_ execution by a responsibility to the Company which he immediately served, and by a.s.serting that these violent and rapacious proceedings, subjecting all persons concerned in them to obloquy, would be the means of strengthening the connection of the Nabob with the British United Company of Merchants trading to the East Indies, did disgrace the authority under which he immediately acted. And that the said Hastings, in justifying his obligations to the said acts by a responsibility to the _king_, namely, to the King of Great Britain, did endeavor to throw upon his Majesty, his lawful sovereign, (whose name and character he was bound to respect, and to preserve in estimation with all persons, and particularly with the sovereign princes, the allies of his government,) the disgrace and odium of the aforesaid acts, in which a sovereign prince was by him, the said Hastings, made an instrument of perfidy, wrong, and outrage to two mothers and wives of sovereign princes, and in which he did exhibit to all Asia (a country remarkable for the utmost devotion to parental authority) the spectacle of a Christian governor, representing a Christian sovereign, compelling a son to become the instrument of such violence and extortion against his own mother.

That the said Warren Hastings, by repeated messages and injunctions, and under menaces of "a dreadful responsibility," did urge the Resident to a completion of this barbarous act; and well knowing that such an act would probably be resisted, did order him, the said Resident, to use the British troops under his direction for that purpose; and did offer the a.s.sistance of further forces, urging the execution in the following peremptory terms: "You _yourself_ must be _personally present_; you must not allow _any_ negotiation or forbearance, but must prosecute both services, until the Begums [princesses] are at the entire mercy of the Nabob."[61]

XXIII. That, in conformity to the said peremptory orders, a party of British and other troops, with the Nabob in the ostensible, and the British Resident in the real command, were drawn towards the city of Fyzabad, in the castle of which city the mother and grandmother of the Nabob had their residence; and after expending two days in negotiation, (the particulars of which do not appear,) the Resident not receiving the satisfaction he looked for, the town was first stormed, and afterwards the castle; and little or no resistance being made, and no blood being shed on either side, the British troops occupied all the outer inclosure of the palace of one of the princesses, and blocked up the other.[62]

XXIV. That this violent a.s.sault, and forcible occupation of their houses, and the further extremities they had to apprehend, did not prevail on the female parents of the Nabob to consent to any submission, until the Resident sent in unto them a letter from the said Warren Hastings,[63] (no copy of which appears,) declaring himself no longer bound by the guaranty, and containing such other matter as tended to remove all their hopes, which seemed to be centred in British faith.

XXV. That the chief officers of their household, who were their treasurers and confidential agents, the eunuchs Jewar Ali Khan and Behar Ali Khan, persons of great eminence, rank, and distinction, who had been in high trust and favor with the late Nabob, were ignominiously put into confinement under an inferior officer, in order to extort the discovery of the treasures and effects committed to their care and fidelity. And the said Middleton did soon after, that is to say, on the 12th of January, 1782, deliver them over for the same purpose into the custody of Captain Neal Stuart, commanding the eighth regiment, by his order given in the following words: "To be kept in close and secure confinement, admitting of no intercourse with them, excepting by their four menial servants, who are authorized to attend them until further orders. You will allow them to have any necessary and convenience which may be consistent with a strict guard over them."

XXVI. That, in consequence of these severities upon herself, and on those whom she most regarded and trusted, the mother of the said Nabob did at length consent to the delivering up of her treasures, and the same were paid to the Resident, to the amount of the bond given by the Nabob to the Company for his balance of the year 1779-80; and the said treasure "was taken from the most secret recesses in the houses of the two eunuchs."

XXVII. That the Nabob continuing still under the pressure of a further pretended debt to the Company for his balance of the year 1780-81, the Resident, not satisfied with the seizure of the estates and treasures of his parents aforesaid, although he, the said Resident, did confess that the princess mother "had declared, _with apparent truth_, that she had delivered up _the whole of the property in her hands_, excepting goods which from the experience which he, the Resident, had of the _small produce_ of the sales of a former payment made by her in that mode he did refuse, and that in his opinion it certainly would have amounted to little or nothing," did proceed to extort another great sum of money, that is to say, the sum of one hundred and twenty thousand pounds sterling, on account of the last pretended balance aforesaid: in order, therefore, to compel the said ministers and treasurers either to distress their princ.i.p.als by extorting whatever valuable substance might by any possibility remain concealed, or to furnish the said sum from their own estates or from their credit with their friends, did order their imprisonment to be aggravated with circ.u.mstances of great cruelty, giving an order to Lieutenant Francis Rutledge, dated 20th January, 1782, in the following words.

XXVIII. "SIR,--When this note is delivered to you by Hoolas Roy, I have to desire that you order the two prisoners to be put _in irons, keeping them from all food, &c., agreeable to my instructions of yesterday_.

(Signed) "NATH^L MIDDLETON."

XXIX. That by the said unjust and rigorous proceeding the said eunuchs were compelled to give their engagement for the payment of one hundred and twenty thousand pounds sterling aforesaid, to be completed within the period of one month; but after they had entered into the said compulsory engagement, they were still kept in close imprisonment, and the mother and grandmother of the Nabob were themselves held under a strict guard,--although, at the same time, the confiscated estates were actually in the Company's possession, and found to exceed the amount of what they were rated at in the general list of confiscated estates,[64]

and although the a.s.sistant Resident, Johnson, did confess, "that the object of distressing the Bhow Begum was merely to obtain a _ready-money_ instead of a _dilatory payment_, and that this ready-money payment, if not paid, was recoverable in the course of a few months upon the jaghires in his possession, and that therefore it was not worth proceeding to any extremities, beyond the one described," (namely, the confinement of the princesses, and the imprisonment and fettering of their ministers,) "upon so respectable a family."[65]

x.x.x. That, after the surrender of the treasure, and the pa.s.sing the bonds and obligations given as aforesaid, the Resident having been strictly ordered by the said Warren Hastings not to make any settlement whatsoever with the said women of high rank, the Nabob was induced to leave the city of Fyzabad without taking leave of his mother, or showing her any mark of duty or civility. And on the same day the Resident left the city aforesaid; and after his return to Lucknow, in order to pacify the said Hastings, who appeared to resent that the Nabob was not urged to greater degrees of rigor than those hitherto used towards his mother, he, the said Resident, did, in his letter of the 6th February, give him an a.s.surance in the following words:--"I shall, as you direct, use my influence to dissuade his Excellency from concluding _any settlement_ until I have your further commands."

x.x.xI. That the payment of the bond last extorted from the eunuchs was soon after commenced, and the grandmother, as well as the mother, were now compelled to deliver what they declared was _the extent of the whole_ of both their possessions, including down to their _table utensils_; which, as the Resident admitted, "they had been and were still delivering, and that no proof had yet been obtained of their having more."