He thus writes from Benares, the 22d of October, 1781, ten o'clock in

the morning. "I am this instant favored with yours of yesterday; mine to

you of the same date has before this time acquainted you with my

resolutions and sentiments respecting the Ranny. I think every demand

she has made to you, except that of safety and respect for her person,

is unreasonable. If the reports brought to me are true, your rejecting

her offers, or any negotiation with her, would soon obtain you

possession of the fort upon your own terms. I apprehend that she will

contrive to defraud the captors of a considerable part of the booty by

being suffered to retire without examination; but this is your

consideration, and not mine. I should be sorry that your officers and

soldiers lost any part of the reward to which they are so well entitled;

but I cannot make any objection, as you must be the best judge of the

expediency of the promised indulgence to the Ranny. What you have

engaged for I will certainly ratify; but as to permitting the Ranny to

hold the purgunnah of Hurluk, or any other in the zemindary, without

being subject to the authority of the zemindar, or any lands whatever,

or indeed making any conditions with her for a provision, I will never

consent to it."

My Lords, you have seen the principles upon which this man justifies his

conduct. Here his real nature, character, and disposition break out.

These women had been guilty of no rebellion; he never charged them with

any crime but that of having wealth; and yet you see with what ferocity

he pursues everything that belonged to the destined object of his cruel,

inhuman, and more than tragic revenge. "If," says he, "you have made an

agreement with them, and will insist upon it, I will keep it; but if you

have not, I beseech you not to make any. Don't give them anything;

suffer no stipulations whatever of a provision for them. The

capitulation I will ratify, provided it contains no article of future

provision for them." This he positively forbade; so that his

bloodthirsty vengeance would have sent out these two hundred innocent

women to starve naked in the world.

But he not only declares that the money found in the fort is the

soldiers', he adds, that he should be sorry, if they lost a shilling of

it. So that you have here a man not only declaring that the money was

theirs, directly contrary to the Company's positive orders upon other

similar occasions, and after he had himself declared that prize-money

was poison to soldiers, but directly inciting them to insist upon their

right to it.

A month had been allowed by proclamation for the submission of all

persons who had been in rebellion, which submission was to entitle them

to indemnity. But, my Lords, he endeavored to break the public faith

with these women, by inciting the soldiers to make no capitulation with

them, and thus depriving them of the benefit of the proclamation, by

preventing their voluntary surrender.

[_Mr. Burke here read the proclamation._]

From the date of this proclamation it appears that the surrender of the

fort was clearly within the time given to those who had been guilty of

the most atrocious acts of rebellion to repair to their homes and enjoy

an indemnity. These women had never quitted their homes, nor had they

been charged with rebellion, and yet they were cruelly excluded from the

general indemnity; and after the army had taken unconditional possession

of the fort, they were turned out of it, and ordered to the quarters of

the commanding officer, Major Popham. This officer had received from Mr.

Hastings a power to rob them, a power to plunder them, a power to

distribute the plunder, but no power to give them any allowance, nor any

authority even to receive them.

In this disgraceful affair the soldiers showed a generosity which Mr.

Hastings neither showed nor would have suffered, if he could have

prevented it. They agreed amongst themselves to give to these women

three lacs of rupees, and some trifle more; and the rest was divided as

a prey among the army. The sum found in the fort was about 238,000_l._,

not the smallest part of which was in any way proved to be Cheyt Sing's

property, or the property of any person but the unfortunate women who

were found in the possession of it.

The plunder of the fort being thus given to the soldiers, what does Mr.

Hastings next do? He is astonished and stupefied to find so much

unprofitable violence, so much tyranny, and so little pecuniary

advantage,--so much bloodshed, without any profit to the Company. He

therefore breaks his faith with the soldiers; declares, that, having no

right to the money, they must refund it to the Company; and on their

refusal, he instituted a suit against them. With respect to the three

lacs of rupees, or 30,000_l._, which was to be given to these women,

have we a scrap of paper to prove its payment? is there a single receipt

or voucher to verify their having received one sixpence of it? I am

rather inclined to think that they did receive it, or some part of it;

but I don't know a greater crime in public officers than to have no kind

of vouchers for the disposal of any large sums of money which pass

through their hands: but this, my Lords, is the great vice of Mr.

Hastings's government.

I have briefly taken notice of the claim which Mr. Hastings thought

proper to make, on the part of the Company, to the treasure found in the

fort of Bidjegur, after he had instigated the army to claim it as the

right of the captors. Your Lordships will not be at a loss to account

for this strange and barefaced inconsistency. This excellent Governor

foresaw that he would have a bad account of this business to give to the

contractors in Leadenhall Street, who consider laws, religion, morality,

and the principles of state policy of empires as mere questions of

profit and loss. Finding that he had dismal accounts to give of great

sums expended without any returns, he had recourse to the only expedient

that was left him. He had broken his faith with the ladies in the fort,

by not suffering his officers to grant them that indemnity which his

proclamation offered. Then, finding that the soldiers had taken him at

his word, and appropriated the treasure to their own use, he next broke

his faith with them. A constant breach of faith is a maxim with him. He

claims the treasure for the Company, and institutes a suit before Sir

Elijah Impey, who gives the money to the Company, and not to the

soldiers. The soldiers appeal; and since the beginning of this trial, I

believe even very lately, it has been decided by the Council that the

letter of Mr. Hastings was not, as Sir Elijah Impey pretended, a mere

private letter, because it had "Dear Sir," in it, but a public order,

authorizing the soldiers to divide the money among themselves.

Thus 200,000_l._ was distributed among the soldiers; 400,000_l._ was

taken away by Cheyt Sing, to be pillaged by all the Company's enemies

through whose countries he passed; and so ended one of the great

sources from which this great financier intended to supply the

exigencies of the Company, and recruit their exhausted finances.

By this proceeding, my Lords, the national honor is disgraced, all the

rules of justice are violated, and every sanction, human and divine,

trampled upon. We have, on one side, a country ruined, a noble family

destroyed, a rebellion raised by outrage and quelled by bloodshed, the

national faith pledged to indemnity, and that indemnity faithlessly

withheld from helpless, defenceless women; while the other side of the

picture is equally unfavorable. The East India Company have had their

treasure wasted, their credit weakened, their honor polluted, and their

troops employed against their own subjects, when their services were

required against foreign enemies.

My Lords, it only remains for me, at this time, to make a few

observations upon some proceedings of the prisoner respecting the

revenue of Benares. I must first state to your Lordships that in the

year 1780 he made a demand upon that country, which, by his own account,

if it had been complied with, would only have left 23,000_l._ a year for

the maintenance of the Rajah and his family. I wish to have this account

read, for the purpose of verifying the observations which I shall have

to make to your Lordships.

[_Here the account was read._]

I must now observe to your Lordships, that Mr. Markham and Mr. Hastings

have stated the Rajah's net revenue at forty-six lacs: but the accounts

before you state it at forty lacs only. Mr. Hastings had himself

declared that he did not think the country could safely yield more, and

that any attempt to extract more would be ruinous.

Your Lordships will observe that the first of these estimates is

unaccompanied with any document whatever, and that it is contradicted by

the papers of receipt and the articles of account, from all of which it

appears that the country never yielded more than forty lacs during the

time that Mr. Hastings had it in his possession; and you may be sure he

squeezed as much out of it as he could. He had his own Residents,--first

Mr. Markham, then Mr. Fowke, then Mr. Grant; they all went up with a

design to make the most of it. They endeavored to do so; but they never

could screw it up to more than forty lacs by all the violent means which

they employed. The ordinary subsidy, as paid at Calcutta by the Rajah,

amounted to twenty-two lacs; and it is therefore clearly proved by this

paper, that Mr. Hastings's demand of fifty lacs (500,000_l._), joined to

the subsidies, was more than the whole revenue which the country could

yield. What hoarded treasure the Rajah possessed, and which Mr. Hastings

says he carried off with him, does not appear. That it was any

considerable sum is more than Mr. Hastings knows, more than can be

proved, more than is probable. He had not, in his precipitate flight,

any means, I think, of carrying away a great sum. It further appears

from these accounts, that, after the payment of the subsidy, there would

only have been left 18,000_l._ a year for the support of the Rajah's

family and establishments.

Your Lordships have now a standard, not a visionary one, but a standard

verified by accurate calculation and authentic accounts. You may now

fairly estimate the avarice and rapacity of this man, who describes

countries to be enormously rich in order that he may be justified in

pillaging them. But however insatiable the prisoner's avarice may be, he

has other objects in view, other passions rankling in his heart, besides

the lust of money. He was not ignorant, and we have proved it by his own

confession, that his pretended expectation of benefit to the Company

could not be realized; but he well knew that by enforcing his demands he

should utterly and effectually ruin a man whom he mortally hated and

abhorred,--a man who could not, by any sacrifices offered to the

avarice, avert the cruelty of his implacable enemy. As long as truth

remains, as long as figures stand, as long as two and two are four, as

long as there is mathematical and arithmetical demonstration, so long

shall his cruelty, rage, ravage, and oppression remain evident to an

astonished posterity.

I shall undertake, my Lords, when this court meets again, to develop the

consequences of this wicked proceeding. I shall then show you that that

part of the Rajah's family which he left behind him, and which Mr.

Hastings pretended to take under his protection, was also ruined,

undone, and destroyed; and that the once beautiful country of Benares,

which he has had the impudence to represent as being still in a

prosperous condition, was left by him in such a state as would move pity

in any tyrant in the world except the one who now stands before you.

FOOTNOTES:

[98] Hedaya, Vol. II. p. 621.

SPEECH

IN

GENERAL REPLY.

THIRD DAY: TUESDAY, JUNE 3, 1794.

My Lords,--We are called, with an awful voice, to come forth and make

good our charge against the prisoner at your bar; but as a long time has

elapsed since your Lordships heard that charge, I shall take the liberty

of requesting my worthy fellow Manager near me to read that part to your

Lordships which I am just now going to observe upon, that you may be the

better able to apply my observations to the letter of the charge.

[_Mr. Wyndham reads._]

"That the said Warren Hastings, having, as aforesaid, expelled the said

Cheyt Sing from his dominions, did, of his own usurped authority, and

without any communication with or any approbation given by the other

members of the Council, nominate and appoint Rajah Mehip Narrain to the

government of the provinces of Benares, and did appoint his father,

Durbege Sing, as administrator of his authority, and did give to the

British Resident, William Markham, a controlling authority over both;

and did farther abrogate and set aside all treaties and agreements which

subsisted between the state of Benares and the British nation; and did

arbitrarily and tyrannically, of his mere authority, raise the tribute

to the sum of four hundred thousand pounds sterling, or thereabouts; did

further wantonly and illegally impose certain oppressive duties upon

goods and merchandise, to the great injury of trade and ruin of the

provinces; and did farther dispose of, as his own, the property within

the said provinces, by granting the same, or parts, thereof, in pensions

to such persons as he thought fit.

"That the said Warren Hastings did, some time in the year 1782, enter

into a clandestine correspondence with William Markham, Esquire, the

then Resident at Benares, which said Markham had been by him, the said

Warren Hastings, obtruded into the said office, contrary to the positive

orders of the Court of Directors; and, in consequence of the

representations of the said Markham, did, under pretence that the new

excessive rent or tribute was in arrear, and that the affairs of the

provinces were likely to fall into confusion, authorize and impower him,

by his own private authority, to remove the said Durbege Sing from his

office and deprive him of his estate.

"That the said Durbege Sing was, by the private orders and authorities

given by the said Warren Hastings, and in consequence of the

representations aforesaid, violently thrown into prison, and cruelly

confined therein, under pretence of the non-payment of the arrears of

the tribute aforesaid.

"That the widow of Bulwant Sing, and the Rajah Mehip Narrain, did

pointedly accuse the said Markham of being the sole cause of any delay

in the payment of the tribute aforesaid, and did offer to prove the

innocence of the said Durbege Sing, and also to prove that the faults

ascribed to him were solely the faults of the said Markham; yet the said

Warren Hastings did pay no regard whatever to the said representations,

nor make any inquiry into the truth of the same, but did accuse the said

widow of Bulwant Sing and the Rajah aforesaid of gross presumption for

the same; and, listening to the representations of the person accused,

(viz., the Resident Markham,) did continue to confine the said Durbege

Sing in prison, and did invest the Resident Markham with authority to

bestow his office upon whomsoever he pleased.

"That the said Markham did bestow the said office of administrator of

the provinces of Benares upon a certain person named Jagher Deo Seo,

who, in order to gratify the arbitrary demands of the said Warren

Hastings, was obliged greatly to distress and harass the unfortunate

inhabitants of the said provinces.

"That the said Warren Hastings did, some time in the year 1784, remove

the said Jagher Deo Seo from the said office, under pretence of certain

irregularities and oppressions; which irregularities and oppressions are

solely imputable to him, the said Warren Hastings.

"That the consequences of all these violent changes and arbitrary acts

were the total ruin and desolation of the country, and the flight of the

inhabitants: the said Warren Hastings having found every place abandoned

at his approach, even by the officers of the very government which he

established, and seeing nothing but traces of devastation in every

village, the provinces in effect without a government, the

administration misconducted, the people oppressed, trade discouraged,

and the revenue in danger of a rapid decline.

"All which destruction, devastation, oppression, and ruin are solely

imputable to the abovementioned and other arbitrary, illegal, unjust,

and tyrannical acts of him, the said Warren Hastings, who, by all and

every one of the same, was and is guilty of high crimes and

misdemeanors."

[_Mr. Burke proceeded._]

My Lords, you have heard the charge; and you are now going to see the

prisoner at your bar in a new point of view. I will now endeavor to

display him in his character of a legislator in a foreign land, not

augmenting the territory, honor, and power of Great Britain, and

bringing the acquisition under the dominion of law and liberty, but

desolating a flourishing country, that to all intents and purposes was

our own,--a country which we had conquered from freedom, from

tranquillity, order, and prosperity, and submitted, through him, to

arbitrary power, misrule, anarchy, and ruin. We now see the object of

his corrupt vengeance utterly destroyed, his family driven from their

home, his people butchered, his wife and all the females of his family

robbed and dishonored in their persons, and the effects which husband

and parents had laid up in store for the subsistence of their families,

all the savings of provident economy, distributed amongst a rapacious

soldiery. His malice is victorious. He has well avenged, in the

destruction of this unfortunate family, the Rajah's intended visit to

General Clavering; he has well avenged the suspected discovery of his

bribe to Mr. Francis.

"Thou hast it now, King, Cawdor, Glamis, all!"

Let us see, my Lords, what use he makes of this power,--how he justifies

the bounty of Fortune, bestowing on him this strange and anomalous

conquest. Anomalous I call it, my Lords, because it was the result of no

plan in the cabinet, no operation in the field. No act or direction

proceeded from him, the responsible chief, except the merciless orders,

and the grant to the soldiery. He lay skulking and trembling in the fort

of Chunar, while the British soldiery entitled themselves to the plunder

which he held out to them. Nevertheless, my Lords, he conquers; the

country is his own; he treats it as his own. Let us, therefore, see how

this successor of Tamerlane, this emulator of Genghis Khân, governs a

country conquered by the talents and courage of others, without

assistance, guide, direction, or counsel given by himself.

My Lords, I will introduce his first act to your Lordships' notice in

the words of the charge.

"The said Warren Hastings did, some time in the year 1782, enter into a

clandestine correspondence with William Markham, Esquire, the then

Resident at Benares; which said Markham had been by him, the said Warren

Hastings, obtruded into the said office, contrary to the positive orders

of the Court of Directors."

This unjustifiable obtrusion, this illegal appointment, shows you at the

very outset that he defies the laws of his country,--most positively and

pointedly defies them. In attempting to give a reason for this defiance,

he has chosen to tell a branch of the legislature from which originated

the act which wisely and prudently ordered him to pay implicit obedience

to the Court of Directors, that he removed Mr. Fowke from Benares,

contrary to the orders of the Court, on political grounds; because, says

he, "I thought it necessary the Resident there should be a man of my own

nomination and confidence. I avow the principle, and think no government

can subsist without it. The punishment of the Rajah made no part of my

design in Mr. Fowke's removal or Mr. Markham's appointment, nor was his

punishment an object of my contemplation at the time I removed Mr. Fowke

to appoint Mr. Markham: an appointment of my own choice, and a signal to

notify the restoration of my own authority; as I had before removed Mr.

Fowke and appointed Mr. Graham for the same purpose."

Here, my Lords, he does not even pretend that he had any view whatever,

in this appointment of Mr. Markham, but to defy the laws of his country.

"I must," says he, "have a man of my own nomination, because it is a

signal to notify the restoration of my own authority, as I had before

removed Mr. Fowke for the same purpose."

I must beg your Lordships to keep in mind that the greater part of the

observations with which I shall trouble you have a reference to the

_principles_ upon which this man acts; and I beseech you to remember

always that you have before you a question and an issue of law; I

beseech you to consider what it is that you are disposing of,--that you

are not merely disposing of this man and his cause, but that you are

disposing of the laws of your country.

You, my Lords, have made, and we have made, an act of Parliament in

which the Council at Calcutta is vested with a special power, distinctly

limited and defined. He says, "My authority is absolute. I defy the

orders of the Court of Directors, because it is necessary for me to show

that I can disregard them, as a signal of my own authority." He supposes

his authority gone while he obeys the laws; but, says he, "the moment I

got rid of the bonds and barriers of the laws," (as if there had been

some act of violence and usurpation that had deprived him of his

rightful powers,) "I was restored to my own authority." What is this

authority to which he is restored? Not an authority vested in him by the

East India Company; not an authority sanctioned by the laws of this

kingdom. It is neither of these, but the authority of Warren Hastings;

an inherent divine right, I suppose, which he has thought proper to

claim as belonging to himself; something independent of the laws,

something independent of the Court of Directors, something independent

of his brethren of the Council. It is "my own authority."

And what is the signal by which you are to know when this authority is

restored? By his obedience to the Court of Directors?--by his attention

to the laws of his country?--by his regard to the rights of the people?

No, my Lords, no: the notification of the restoration of this authority

is a formal disobedience of the orders of the Court of Directors. When

you find the laws of the land trampled upon, and their appointed

authority despised, then you may be sure that the authority of the

prisoner is reëstablished.

There is, my Lords, always a close connection between vices of every

description. The man who is a tyrant would, under some other

circumstances, be a rebel; and he that is a rebel would become a tyrant.

They are things which originally proceed from the same source. They owe

their birth to the wild, unbridled lewdness of arbitrary power. They

arise from a contempt of public order, and of the laws and institutions

which curb mankind. They arise from a harsh, cruel, and ferocious

disposition, impatient of the rules of law, order, and morality: and

accordingly, as their relation varies, the man is a tyrant, if a

superior, a rebel, if an inferior. But this man, standing in a middle

point between the two relations, the superior and inferior, declares

himself at once both a rebel and a tyrant. We therefore naturally

expect, that, when he has thrown off the laws of his country, he will

throw off all other authority. Accordingly, in defiance of that

authority to which he owes his situation, he nominates Mr. Markham to

the Residency at Benares, and therefore every act of Mr. Markham is his.

He is responsible,--doubly responsible to what he would have been, if in

the ordinary course of office he had named this agent. Every governor is

responsible for the misdemeanors committed under his legal authority for

which he does not punish the delinquent; but the prisoner is doubly

responsible in this case, because he assumed an illegal authority, which

can be justified only, if at all, by the good resulting from the

assumption.

The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12) · 第 20 / 30 段