Mr. Hastings having by his arbitrary will thus disposed of the revenue

and of the landed property of Benares, we will now trace his further

proceedings and their effects. He found the country most flourishing in

agriculture and in trade; but not satisfied with the experiment he had

made upon the government, upon the revenues, upon the reigning family,

and upon all the landed property, he resolved to make as bold and as

novel an experiment upon the commercial interests of the country.

Accordingly he entirely changed that part of the revenue system which

affects trade and commerce, the life and soul of a state. Without any

advice that we know of, except Mr. Markham's, he sat down to change in

every point the whole commercial system of that country; and he

effected the change upon the same arbitrary principles which he had

before acted upon, namely, his own arbitrary will. We are told, indeed,

that he consulted bankers and merchants; but when your Lordships shall

have learned what has happened from this experiment, you will easily see

whether he did resort to proper sources of information or not. You will

see that the mischief which has happened has proceeded from the exercise

of arbitrary power. Arbitrary power, my Lords, is always a miserable

creature. When a man once adopts it as the principle of his actions, no

one dares to tell him a truth, no one dares to give him any information

that is disagreeable to him; for all know that their life and fortune

depend upon his caprice. Thus the man who lives in the exercise of

arbitrary power condemns himself to eternal ignorance. Of this the

prisoner at your bar affords us a striking example. This man, without

advice, without assistance, and without resource, except in his own

arbitrary power, stupidly ignorant in himself, and puffed up with the

constant companion of ignorance, a blind presumption, alters the system

of commercial imposts, and thereby ruined the whole trade of the

country, leaving no one part of it undestroyed.

Let me now call your Lordships' attention to his assumption of power,

without one word of communication with the Council at Calcutta, where

the whole of these trading regulations might and ought to have been

considered, and where they could have been deliberately examined and

determined upon. By this assumption the Council was placed in the

situation which I have before described: it must either confirm his

acts, or again undo everything which had been done. He had provided not

only against resistance, but almost against any inquiry into his wild

projects. He had by his opium contracts put all vigilance asleep, and by

his bullock and other contracts he had secured a variety of concealed

interests, both abroad and at home. He was sure of the ratification of

his acts by the Council, whenever he should please to inform them of his

measures; and to his secret influence he trusted for impunity in his

career of tyranny and oppression.

In bringing before you his arbitrary mode of imposing duties, I beg to

remind your Lordships, that, when I examined Mr. Markham concerning the

imposing of a duty of five per cent instead of the former duty of two, I

asked him whether that five per cent was not laid on in such a manner as

utterly to extinguish the trade, and whether it was not in effect and

substance five times as much as had been paid before. What was his

answer? Why, that many plans, which, when considered in the closet, look

specious and plausible, will not hold when they come to be tried in

practice, and that this plan was one of them. The additional duties,

said he, have never since been exacted. But, my Lords, the very attempt

to exact them utterly ruined the trade of the country. They were imposed

upon a visionary theory, formed in his own closet, and the result was

exactly what might have been anticipated. Was it not an abominable thing

in Mr. Hastings to withhold from the Council the means of ascertaining

the real operation of his taxes? He had no knowledge of trade himself;

he cannot keep an account; he has no memory. In fact, we find him a man

possessed of no one quality fit for any kind of business whatever. We

find him pursuing his own visionary projects, without knowing anything

of the nature or [of?] the circumstances under which the trade of the

country was carried on. These projects might have looked very plausible:

but when you come to examine the actual state of the trade, it is not

merely a difference between five and two per cent, but it becomes a

different mode of estimating the commodity, and it amounts to five times

as much as was paid before. We bring this as an exemplification of this

cursed mode of arbitrary proceeding, and to show you his total ignorance

of the subject, and his total indifference about the event of the

measure he was pursuing. When he began to perceive his blunders, he

never took any means whatever to put the new regulations which these

blunders had made necessary into execution, but he left all this

mischievous project to rage in its full extent.

I have shown your Lordships how he managed the private property of the

country, how he managed the government, and how he managed the trade. I

am now to call your Lordships' attention to some of the consequences

which have resulted from the instances of management, or rather gross

mismanagement, which have been brought before you. Your Lordships will

recollect that none of these violent and arbitrary measures, either in

their conception or in the progress of their execution, were officially

made known to the Council; and you will observe, as we proved, that the

same criminal concealment existed with respect to the fatal consequences

of these acts.

After the flight of Cheyt Sing, the revenues were punctually paid by the

Naib, Durbege Sing, month by month, kist by kist, until the month of

July, and then, as the country had suffered some distress, the Naib

wished this kist, or instalment, to be thrown on the next month. You

will ask why he wished to burden this month beyond the rest. I reply,

The reason was obvious: the month of August is the last of the year, and

he would, at its expiration, have the advantage of viewing the receipts

of the whole year, and ascertaining the claim of the country to the

remission of a part of the annual tribute which Mr. Hastings had

promised, provided the instalments were paid regularly. It was well

known to everybody that the country had suffered very considerably by

the revolt, and by a drought which prevailed that year. The Rajah,

therefore, expected to avail himself of Mr. Hastings's flattering

promise, and to save by the delay the payment of one of the two kists.

But mark the course that was taken. The two kists were at once demanded

at the end of the year, and no remission of tribute was allowed. By the

promise of remission Mr. Hastings tacitly acknowledged that the Rajah

was overburdened; and he admits that the payment of the July kist was

postponed at the Rajah's own desire. He must have seen the Rajah's

motive for desiring delay, and he ought to have taken care that this

poor man should not be oppressed and ruined by this compliance with

requests founded on such motives.

So passed the year 1781. No complaints of arrears in Durbege Sing's

payments appear on record before the month of April, 1782; and I wish

your Lordships seriously to advert to the circumstances attending the

evidence respecting these arrears, which has been produced for the first

time by the prisoner in his defence here at your bar. This evidence does

not appear in the Company's records; it does not appear in the book of

the Benares correspondence; it does not appear in any documents to which

the Commons could have access; it was unknown to the Directors, unknown

to the Council, unknown to the Residents, Mr. Markham's successors, at

Benares, unknown to the searching and inquisitive eye of the Commons of

Great Britain. This important evidence was drawn out of Mr. Markham's

pocket, in the presence of your Lordships. It consists of a private

correspondence which he carried on with Mr. Hastings, unknown to the

Council, after Durbege Sing had been appointed Naib, after the new

government had been established, after Mr. Hastings had quitted that

province, and had apparently wholly abandoned it, and when there was no

reason whatever why the correspondence should not be public. This

private correspondence of Mr. Markham's, now produced for the first

time, is full of the bitterest complaints against Durbege Sing. These

clandestine complaints, these underhand means of accomplishing the ruin

of a man, without the knowledge of his true and proper judges, we

produce to your Lordships as a heavy aggravation of our charge, and as a

proof of a wicked conspiracy to destroy the man. For if there was any

danger of his falling into arrears when the heavy accumulated kists came

upon him, the Council ought to have known that danger; they ought to

have known every particular of these complaints: for Mr. Hastings had

then carried into effect his own plans.

I ought to have particularly marked for your Lordships' attention this

second era of clandestine correspondence between Mr. Hastings and Mr.

Markham. It commenced after Mr. Hastings had quitted Benares, and had

nothing to do with it but as Governor-General: even after his

extraordinary, and, as we contend, illegal, power had completely

expired, the same clandestine correspondence was carried on. He

apparently considered Benares as his private property; and just as a man

acts with his private steward about his private estate, so he acted with

the Resident at Benares. He receives from him and answers letters

containing a series of complaints against Durbege Sing, which began in

April and continued to the month of November, without making any public

communication of them. He never laid one word of this correspondence

before the Council until the 29th of November, and he had then

completely settled the fate of this Durbege Sing.

This clandestine correspondence we charge against him as an act of

rebellion; for he was bound to lay before the Council the whole of his

correspondence relative to the revenue and all the other affairs of the

country. We charge it not only as rebellion against the orders of the

Company and the laws of the land, but as a wicked plot to destroy this

man, by depriving him of any opportunity of defending himself before the

Council, his lawful judges. I wish to impress it strongly on your

Lordships' minds, that neither the complaints of Mr. Markham nor the

exculpations of Durbege Sing were ever made known till Mr. Markham was

examined in this hall.

The first intimation afforded the Council of what had been going on at

Benares from April, 1782, at which time, Mr. Markham says, the

complaints against Durbege Sing had risen to serious importance, was in

a letter dated the 27th of November following. This letter was sent to

the Council from Nia Serai, in the Ganges, where Mr. Hastings had

retired for the benefit of the air. During the whole time he was in

Calcutta, it does not appear upon the records that he had ever held any

communication with the Council upon the subject. The letter is in the

printed Minutes, page 298, and is as follows.

"_The Governor-General._--I desire the Secretary to lay the accompanying

letters from Mr. Markham before the board, and request that orders may

be immediately sent to him concerning the subjects contained in them. It

may be necessary to inform the board, that, on repeated information from

Mr. Markham, which indeed was confirmed to me beyond a doubt by other

channels, and by private assurances which I could trust, that the

affairs of that province were likely to fall into the greatest confusion

from the misconduct of Baboo Durbege Sing, whom I had appointed the

Naib, fearing the dangerous consequences of a delay, and being at too

great a distance to consult the members of the board, who I knew could

repose that confidence in my local knowledge as to admit of this

occasional exercise of my own separate authority, I wrote to Mr. Markham

the letter to which he alludes, dated the 29th of September last, of

which I now lay before the board a copy. The first of the accompanying

letters from Mr. Markham arrived at a time when a severe return of my

late illness obliged me, by the advice of my physicians, to leave

Calcutta for the benefit of the country air, and prevented me from

bringing it earlier before the notice of the board."

I have to remark upon this part of the letter, that he claims for

himself an exercise of his own authority. He had now no delegation, and

therefore no claim to separate authority. He was only a member of the

board, obliged to do everything according to the decision of the

majority, and yet he speaks of his own separate authority; and after

complimenting himself, he requests its confirmation. The complaints of

Mr. Markham had been increasing, growing, and multiplying upon him, from

the month of April preceding, and he had never given the least

intimation of it to the board until he wrote this letter. This was at so

late a period that he then says, "The time won't wait for a remedy; I am

obliged to use my own separate authority"; although he had had abundant

time for laying the whole matter before the Council.

He next goes on to say,--"It had, indeed, been my intention, but for the

same cause, to have requested the instructions of the board for the

conduct of Mr. Markham in the difficulties which he had to encounter

immediately after the date of my letter to him, and to have recommended

the substance of it for an order to the board." He seems to have

promised Mr. Markham, that, if the violent act which Mr. Markham

proposed, and which he, Mr. Hastings, ordered, was carried into

execution, an authority should be procured from the board. He, however,

did not get Mr. Markham such an authority. Why? Because he was resolved,

as he has told you, to act by his own separate authority; and because,

as he has likewise told you, that he disobeys the orders of the Court of

Directors, and defies the laws of his country, as a signal of his

authority.

Now what does he recommend to the board? That it will be pleased to

confirm the appointment which Mr. Markham made in obedience to his

individual orders, as well as the directions which he had given him to

exact from Baboo Durbege Sing with the utmost rigor every rupee of the

collections, and either to confine him at Benares or send him to Chunar

and imprison him there until the whole of his arrears were paid up.

Here, then, my Lords, you have, what plainly appears in every act of Mr.

Hastings, a feeling of resentment for some personal injury. "I feel

myself," says he, "and may be allowed on such an occasion to acknowledge

it, personally hurt at the ingratitude of this man, and the discredit

which his ill conduct has thrown on my appointment of him. The Rajah

himself, scarcely arrived at the verge of manhood, was in understanding

but little advanced beyond the term of childhood; and it had been the

policy of Cheyt Sing to keep him equally secluded from the world and

from business." This is the character Mr. Hastings gives of a man whom

he appointed to govern the country. He goes on to say of Durbege

Sing,--"As he was allowed a jaghire of a very liberal amount, to enable

him to maintain a state and consequence suitable both to the relation in

which he stood to the Rajah and the high office which had been assigned

to him, and sufficient also to free him from the temptation of little

and mean peculations, it is therefore my opinion, and I recommend, that

Mr. Markham be ordered to divest him of his jaghire, and reunite it to

the _malguzaree_, or the land paying its revenue through the Rajah to

the Company. The opposition made by the Rajah and the old Ranny, both

equally incapable of judging for themselves, do certainly originate from

some secret influence which ought to be checked by a decided and

peremptory declaration of the authority of the board, and a denunciation

of their displeasure at their presumption. If they can be induced to

yield the appearance of a cheerful acquiescence in the new arrangement,

and to adopt it as a measure formed with their participation, it would

be better than that it should be done by a declared act of compulsion;

but at all events it ought to be done." My Lords, it had been already

done: the Naib was dismissed; he was imprisoned; his jaghire was

confiscated: all these things were done by Mr. Hastings's orders. He had

resolved to take the whole upon himself; he had acted upon that

resolution before he addressed this letter to the board.

Thus, my Lords, was this unhappy man punished without any previous

trial, or any charges, except the complaints of Mr. Markham, and some

other private information which Mr. Hastings said he had received.

Before the poor object of these complaints could make up his accounts,

before a single step was taken, judicially or officially, to convict him

of any crime, he was sent to prison, and his private estates

confiscated.

My Lords, the Commons of Great Britain claim from you, that no man shall

be imprisoned till a regular charge is made against him, and the accused

fairly heard in his defence. They claim from you, that no man shall be

imprisoned on a matter of account, until the account is settled between

the parties. And claiming this, we do say that the prisoner's conduct

towards Durbege Sing was illegal, unjust, violent, and oppressive. The

imprisonment of this man was clearly illegal on the part of Mr.

Hastings, as he acted without the authority of the Council, and doubly

oppressive, as the imprisoned man was thereby disabled from settling his

account with the numberless sub-accountants whom he had to deal with in

the collection of the revenue.

Having now done with these wicked, flagitious, abandoned, and abominable

acts, I shall proceed to the extraordinary powers given by Mr. Hastings

to his instrument, Mr. Markham, who was employed in perpetrating these

acts, and to the very extraordinary instructions which he gave this

instrument for his conduct in the execution of the power intrusted to

him. In a letter to Mr. Markham, he says,--

"I need not tell you, my dear Sir, that I possess a very high opinion of

your abilities, and that I repose the utmost confidence in your

integrity." He might have had reason for both, but he scarcely left to

Mr. Markham the use of either. He arbitrarily imposed upon him the tasks

which he wished him to execute, and he engaged to bear out his acts by

his own power. "From your long residence at Benares," says he, "and from

the part you have had in the business of that zemindary, you must

certainly best know the men who are most capable and deserving of public

employment. From among these I authorize you to nominate a Naib to the

Rajah, in the room of Durbege Sing, whom, on account of his ill conduct,

I think it necessary to dismiss from that office. It will be hardly

necessary to except Ussaun Sing from the description of men to whom I

have limited your choice, yet it may not be improper to apprise you that

I will on no terms consent to his being Naib. In forming the

arrangements consequent upon this new appointment, I request you will,

as far as you can with propriety, adopt those which were in use during

the life of Bulwant Sing,--so far, at least, as to have distinct offices

for distinct purposes, independent of each other, and with proper men at

the head of each; so that one office may detect or prevent any abuses

or irregularities in the others, and together form a system of

reciprocal checks. Upon that principle, I desire you will in particular

establish, under whatever names, one office of receipts, and another of

treasury. The officers of both must be responsible for the truth and

regularity of their respective accounts, but not subject in the

statement of them to the control or interference of the Rajah or Naib;

nor should they be removable at pleasure, but for manifest misconduct

only. At the head of one or other of these offices I could wish to see

the late Buckshee, Rogoober Dyall. His conduct in his former office, his

behavior on the revolt of Cheyt Sing, and particularly at the fall of

Bidjegur, together with his general character, prove him worthy of

employment, and of the notice of our government. It is possible that he

may have objections to holding an office under the present Rajah: offer

him one, however, and let him know that you do so by my directions." He

then goes on to say,--"Do not wholly neglect the Rajah; consult with him

in appearance, but in appearance only. His situation requires that you

should do that much; but his youth and inexperience forbid that you

should do more."

You see, my Lords, he has completely put the whole government into the

hands of a man who had no name, character, or official situation, but

that of the Company's Resident at that place. Let us now see what is the

office of a Resident. It is to reside at the court of the native prince,

to give the Council notice of the transactions that are going on there,

and to take care that the tribute be regularly paid, kist by kist. But

we have seen that Mr. Markham, the Resident at Benares, was invested by

Mr. Hastings with supreme authority in this unhappy country. He was to

name whoever he pleased to its government, with the exception of Ussaun

Sing, and to drive out the person who had possessed it under an

authority which could only be revoked by the Council. Thus Mr. Hastings

delegated to Mr. Markham an authority which he himself did not really

possess, and which could only be legally exercised through the medium of

the Council.

With respect to Durbege Sing, he adds,--"He has dishonored my choice of

him." _My_ choice of him! "It now only remains to guard against the ill

effects of his misconduct, to detect and punish it. To this end I desire

that the officers to be appointed in consequence of these instructions

do, with as much accuracy and expedition as possible, make out an

account of the receipts, disbursements, and transactions of Durbege

Sing, during the time he has acted as Naib of the zemindary of Benares;

and I desire you will, in my name, assure him, that, unless he pays at

the limited time every rupee of the revenue due to the Company, his life

shall answer for the default. I need not caution you to provide against

his flight, and the removal of his effects." He here says, my Lords,

that he will detect and punish him; but the first thing he does, without

any detection, even before the accounts he talks of are made up, and

without knowing whether he has got the money or not, he declares that he

will have every rupee paid at the time, or otherwise the Naib's life

shall pay for it.

Is this the language of a British governor,--of a person appointed to

govern _by law_ nations subject to the dominion and under the protection

of this kingdom? Is he to order a man to be first imprisoned and

deprived of his property, then, for an inquiry to be made, and to

declare, during that inquiry, that, if every rupee of a presumed

embezzlement be not paid up, the life of his victim shall answer for it?

And accordingly this man's life did answer for it,--as I have already

had occasion to mention to your Lordships.

I will now read Mr. Markham's letter to the Council, in which he enters

into the charges against Durbege Sing, after this unhappy man had been

imprisoned.

Benares, 24th of October, 1782.--"I am sorry that my duty obliges me to

mention to your Honorable Board my apprehensions of a severe loss

accruing to the Honorable Company, if Baboo Durbege Sing is continued in

the Naibut during the present year. I ground my fears on the knowledge I

have had of his mismanagement, the bad choice he has made of his aumils,

the mistrust which they have of him, and the several complaints which

have been preferred to me by the ryots of almost every purgunnah in the

zemindary. I did not choose to waste the time of your Honorable Board in

listening to my representations of his inattention to the complaints of

oppression which were made to him by his ryots, as I hoped that a letter

he received from the Honorable Governor-General would have had weight

sufficient to have made him more regular in his business, and more

careful of his son's interest."

My Lords, think of the condition of your government in India! Here is a

Resident at Benares exercising power not given to him by virtue of his

office, but given only by the private orders of the prisoner at your

bar. And what is it he does? He says, he did not choose to trouble the

Council with a particular account of his reasons for removing a man who

possessed an high office under their immediate appointment. The Council

was not to know them: he did not choose to waste the time of their

honorable board in listening to the complaints of the people. No: the

honorable board is not to have its time wasted in that improper manner;

therefore, without the least inquiry or inquisition, the man must be

imprisoned, and deprived of his office; he must have all his property

confiscated, and be threatened with the loss of his life.

These are crimes, my Lords, for which the Commons of Great Britain knock

at the breasts of your consciences, and call for justice. They would

think themselves dishonored forever, if they had not brought these

crimes before your Lordships, and with the utmost energy demanded your

vindictive justice, to the fullest extent in which it can be rendered.

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