PART I.

Produced by Paul Murray, Keith M. Eckrich, the Project

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THE WORKS

OF

THE RIGHT HONOURABLE

EDMUND BURKE

IN TWELVE VOLUMES

VOLUME THE NINTH

[Illustration: Burke Coat of Arms.]

LONDON

JOHN C. NIMMO

14, KING WILLIAM STREET, STRAND, W.C.

MDCCCLXXXVII

CONTENTS OF VOL IX.

ARTICLES OF CHARGE OF HIGH CRIMES AND MISDEMEANORS AGAINST

WARREN HASTINGS, ESQUIRE, LATE GOVERNOR-GENERAL OF BENGAL: PRESENTED

TO THE HOUSE OF COMMONS IN APRIL AND MAY, 1786.--ARTICLES VII.-XXII.

ART. VII. CONTRACTS 3

VIII. PRESENTS 22

IX. RESIGNATION OF THE OFFICE OF GOVERNOR-GENERAL 42

X. SURGEON-GENERAL'S CONTRACT 60

XI. CONTRACTS FOR POOLBUNDY REPAIRS 60

XII. CONTRACTS FOR OPIUM 63

XIII. APPOINTMENT OF R.J. SULIVAN 70

XIV. RANNA OF GOHUD 72

XV. REVENUES

PART I. 79

PART II. 87

XVI. MISDEMEANORS IN OUDE 95

XVII. MAHOMED REZA KHÂN 179

XVIII. THE MOGUL DELIVERED UP TO THE MAHRATTAS 202

XIX. LIBEL ON THE COURT OF DIRECTORS 228

XX. MAHRATTA WAR AND PEACE 238

XXI. CORRESPONDENCE 266

XXII. FYZOOLA KHÂN

PART I. RIGHTS OF FYZOOLA KHÂN, ETC.,

BEFORE THE TREATY OF LALL-DANG 268

PART II. RIGHTS OF FYZOOLA KHÂN UNDER THE TREATY OF LALL-DANG 275

PART III. GUARANTY OF THE TREATY OF LALL-DANG 278

PART IV. THANKS OF THE BOARD TO FYZOOLA KHÂN 286

PART V. DEMAND OF FIVE THOUSAND HORSE 287

PART VI. TREATY OF CHUNAR 296

PART VII. CONSEQUENCES OF THE TREATY OF CHUNAR 302

PART VIII. PECUNIARY COMMUTATION OF THE STIPULATED AID 306

PART IX. FULL VINDICATION OF FYZOOLA KHÂN BY

MAJOR PALMER AND MR. HASTINGS 313

APPENDIX TO THE EIGHTH AND SIXTEENTH CHARGES 319

* * * * *

SPEECHES IN THE IMPEACHMENT OF WARREN HASTINGS, ESQUIRE,

LATE GOVERNOR-GENERAL OF BENGAL.

SPEECH IN OPENING THE IMPEACHMENT.

FIRST DAY: FRIDAY, FEBRUARY 15, 1788 329

SECOND DAY; SATURDAY, FEBRUARY 16 396

ARTICLES OF CHARGE

OF

HIGH CRIMES AND MISDEMEANORS

AGAINST

WARREN HASTINGS, ESQUIRE,

LATE GOVERNOR-GENERAL OF BENGAL:

PRESENTED TO THE HOUSE OF COMMONS IN APRIL AND MAY, 1786.

ARTICLES VII.-XXII.

VII.--CONTRACTS.

That the Court of Directors of the East India Company had laid down the

following fundamental rules for the conduct of such of the Company's

business in Bengal as could be performed by contract, and had repeatedly

and strictly ordered the Governor and Council of Port William to observe

those rules, viz.: That all contracts should be publicly advertised, and

the most reasonable proposals accepted; that the contracts of

provisions, and for furnishing draught and carriage bullocks for the

army, should be _annual_; and that they should not fail to advertise for

and receive proposals for those contracts _every year_.

That the said Warren Hastings, in direct disobedience to the said

positive orders, and, as the Directors themselves say, _by a most

deliberate breach of his duty_, did, in September, 1777, accept of

proposals offered by Ernest Alexander Johnson for providing draught and

carriage bullocks, and for victualling the Europeans, without

advertising for proposals, as he was expressly commanded to do, and

extended the contract for _three years_, which was positively ordered to

be _annual_,--and, notwithstanding that extension of the period, which

ought at least to have been compensated by some advantage to the Company

in the conditions, did conclude the said contract _upon terms less

advantageous than the preceding contract, and therefore not on the

lowest terms procurable_. That the said Warren Hastings, in defiance of

the judgment and lawful orders of his superiors, which in this case left

him no option, declared, that _he disapproved of publishing for

proposals, and that the contract was reduced too low already_: thereby

avowing himself the advocate of the contractor, against whom, as

representative of the Company, and guardian of their interests, he

properly was party, and preferring the advantage of the contractor to

those of his own constituents and employers. That the Court of Directors

of the East India Company, having carefully considered the circumstances

and tendency of this transaction, condemned it in the strongest terms,

declaring, that they would _not permit_ the contract to be continued,

and that, "if the contractor should think himself aggrieved, and take

measures in consequence by which the Company became involved in loss or

damage, they should certainly hold the majority of the Council

responsible for such loss or damage, and proceed against them

accordingly."--That the said Warren Hastings, in defiance of orders,

which the Directors say were _plain and unequivocal_, did, in January,

1777, receive from George Templer a proposal essentially different from

the advertisement published by the Governor-General and Council for

receiving proposals for feeding the Company's elephants, and did accept

thereof, not only without having recourse to the proper means for

ascertaining whether the said proposal was the lowest that would be

offered, but with another actually before the board nearly thirty per

cent lower than that made by the said George Templer, to whom the said

Warren Hastings granted a contract, in the terms proposed by the said

Templer, for three years, and did afterwards extend the same to five

years, with new and distinct conditions, accepted by the said Warren

Hastings, without advertising for fresh proposals, by which the Company

were very considerable losers: on all which the Court of Directors

declared, "that this waste of their property could not be permitted;

that he, the said Warren Hastings, had disregarded their authority, and

disobeyed their orders, in not taking the lowest offers"; and they

ordered that the contract for elephants should be annulled: and the said

Directors further declared, that, "if the contractor should recover

damages of the Company for breach of engagement, they were determined,

in such case, to institute a suit at law against those members of the

board who had presumed, in direct breach of their orders, to prefer the

interest of an individual to that of the Company."--That the said Warren

Hastings did, in the year 1777, conclude with ---- Forde a contract for

an armed vessel for the pilotage of the Chittagong river, and for the

defence of the coast and river against the incursions of robbers, for

the term of five years, in further disobedience of the Company's orders

respecting the mode and duration of contracts, and with a considerable

increase of expense to the Company. That the farming out the defence of

a country to a contractor, being wholly unprecedented, and evidently

absurd, could have no real object but to enrich the contractor at the

Company's expense: since either the service was not dangerous, and then

the establishment was totally unnecessary, or, if it was a dangerous

service, it was evidently the interest of the contractor to avoid such

danger, and not to hazard the loss of his ship or men, which must be

replaced at his own expense, and therefore that an active and faithful

discharge of the contractor's duty was incompatible with his

interest.--That the said Warren Hastings, in further defiance of the

Company's orders, and in breach of the established rule of their

service, did, in the year 1777, conclude a contract with the master and

deputy master attendant of the Company's marine or pilot service, for

supplying the said marine with naval stores, and executing the said

service for the term of two years, and without advertising for

proposals. That the use and expenditure of such stores and the direction

of the pilot vessels are under the management and at the disposition of

the master attendant by virtue of his office; that he is officially the

proper and regular check upon the person who furnishes the stores, and

bound by his duty to take care that all contracts for furnishing such

stores are duly and faithfully executed. That the said Warren Hastings,

by uniting the supply and the check in the same hands, did not only

disobey the Company's specific orders, and violate the fundamental rules

and practice of the service, but did overset the only just and rational

principle on which this and every other service of a similar nature

ought to be conducted, and did not only subject the Company's interest,

in point of expense, to fraud and collusion, but did thereby expose the

navigation of the Bengal river to manifest hazard and distress:

considering that it is the duty of the master attendant to take care

that the pilot vessels are constantly stationed in the roads to wait

the arrival of the Company's ships, especially in tempestuous weather,

and that they should be in a constant condition to keep the sea; whereas

it is manifestly the interest of the contractor, in the first instance,

to equip the said vessels as scantily as possible, and afterwards to

expose them as little as possible to any service in which the stores to

be replaced by him might be lost or consumed. And, finally, that in

June, 1779, the said contract was prolonged to the said master

attendant, by the said Warren Hastings, for the further period of two

years from the expiration of the first, without advertising for

proposals.--That it does not appear that any of the preceding contracts

have been annulled, or the charges attending any of them abated, or that

the Court of Directors have ever taken any measures to compel the said

Warren Hastings to indemnify the Company, or to make good any part of

the loss incurred by the said contracts.

That in the year 1777 the said Warren Hastings did recommend and appoint

John Belli, at that time his private secretary, to be agent for

supplying the garrison of Fort William with victualling stores; that the

stores were to be purchased with money advanced by the Company, and that

the said agent was to be allowed a commission or percentage for his risk

and trouble; that, in order to ascertain what sum would be a reasonable

compensation for the agent, the Governor-General and Council agreed to

consult some of the principal merchants of Calcutta; that the merchants

so consulted reported their opinion, that twenty per cent on the prime

cost of the stores would be a reasonable compensation to the agent;

that, nevertheless, the said Warren Hastings, supported by the vote and

concurrence of Richard Barwell, then a member of the Supreme Council,

did propose and carry it, that thirty per cent per annum should be

allowed upon all stores to be provided by the agent. That the said

Warren Hastings professed that "he preferred an agency to a contract for

this service, because, if it were performed by contract, it must then be

advertised, and the world would know what provision was made for the

defence of the fort": as if its being publicly known that the fort was

well provided for defence were likely to encourage an enemy to attack

it. That in August, 1779, in defiance of the principle laid down by

himself for preferring an agency to a contract, the said Warren Hastings

did propose and carry it, that the agency should be _converted into a

contract_, to be granted to the said John Belli, without advertising for

proposals, and fixed for the term of five years,--"pretending that he

had received frequent remonstrances from the said agent concerning the

heavy losses and inconveniences to which he was _subjected_ by the

indefinite terms of his agency," notwithstanding it appeared by evidence

produced at the board, that, on a supply of about 37,000_l._, he had

already drawn a commission of 22,000_l._ and upwards. That the said

Warren Hastings pledged himself, that, _if required by the Court of

Directors, the profits arising from the agency should be paid into the

Company's treasury, and appropriated as the Court should direct_. That

the Court of Directors, as soon as they were advised of the first

appointment of the said agency, declared that they considered the

commission of twenty per cent as an ample compensation to the agent, and

did positively order, that, according to the engagement of the said

Warren Hastings, "the commission paid or to be paid to the said agent

should be reduced to twenty pounds per cent." That the said John Belli

did positively refuse to refund any part of the profits he had received,

or to submit to a diminution of those which he was still to receive; and

that the said Warren Hastings has never made good his own voluntary and

solemn engagement to the Court of Directors hereinabove mentioned: and

as his failure to perform the said engagement is a breach of faith to

the Company, so his performance of such engagement, if he had performed

it, and even his offering to pledge himself for the agent, in the first

instance, ought to be taken as presumptive evidence of a connection

between the said Warren Hastings and the said agent, his private

secretary, which ought not to exist between a Governor acting in behalf

of the Company and a contractor making terms with such Governor for the

execution of a public service.

That, before the expiration of the contract hereinbefore mentioned for

supplying the army with draught and carriage bullocks, granted by the

said Warren Hastings to Ernest Alexander Johnson for three years, the

said Warren Hastings did propose and carry it in Council, that a new

contract should be made on a new plan, and that an offer thereof should

be made to Richard Johnson, brother and executor of the said contractor,

without advertising for proposals, for the term of _five years_; that

this offer was _voluntarily accepted_ by the said Richard Johnson, who

at the same time desired and obtained that the new contracts should be

made out in the name of Charles Croftes, the Company's accountant and

sub-treasurer at Fort William; that the said Charles Croftes offered the

said Richard Johnson as one of his securities for the performance of

the said contract, who was accepted as such by the said Warren Hastings;

and that, at the request of the said contractor, the contract for

victualling the Europeans serving at the Presidency was added to and

united with that for furnishing bullocks, and fixed for the same period.

That this extension of the periods of the said contracts was not

compensated by a diminution in the charge to be incurred by the Company

on that account, as it ought to have been, but, on the contrary, the

charge was immoderately increased by the new contracts, insomuch that it

was proved by statements and computations produced at the board, that

the increase on the victualling contract would in five years amount to

40,000_l._, and that the increase on the bullock contract in the same

period would amount to above 400,000_l._ That, when this and many other

weighty objections against the terms of the said contracts were urged in

Council to the said Warren Hastings, he declared that _he should deliver

a reply thereto_; but it does not appear that he did ever deliver such

reply, or ever enter into a justification of any part of his conduct in

this transaction.--That the act of Parliament of 1773, by which the

first Governor-General and Council were appointed, did expressly limit

the duration of their office to the term of five years, which expired in

October, 1779, and that the several contracts hereinbefore mentioned

were granted in September, 1779, and were made to continue _five_ years

after the expiration of the government by which they were granted. That

by this anticipation the discretion and judgment of the succeeding

government respecting the subject-matter of such contracts was taken

away, and any correction or improvement therein rendered impracticable.

That the said Warren Hastings might have been justified by the rules and

practice or by the necessity of the public service in binding the

government by engagements to endure one year after the expiration of his

own office; but on no principles could he be justified in extending such

engagements beyond the term of one year, much less on the principles he

has avowed, namely, "that it was only an act of common justice in him to

secure _every man connected with him_, as far as he legally could, from

the apprehension of future oppression." That the oppression to which

such apprehension, if real, must allude, could only consist in and arise

out of the obedience which he feared a future government might pay to

the orders of the Court of Directors, by making all contracts _annual_,

and advertising for proposals publicly and indifferently from all

persons whatever, by which it might happen that such beneficial

contracts would not be constantly held by men _connected with him_, the

said Warren Hastings. That this declaration, made by the said Warren

Hastings, combined with all the circumstances belonging to these

transactions, leaves no room to doubt, that, in disobeying the Company's

orders, and betraying the trust reposed in him as guardian of the

Company's property, his object was to purchase the attachment of a

number of individuals, and to form a party capable of supporting and

protecting him in return.

That, with the same view, and on the same principles, it appears that

excessive salaries and emoluments, at the East India Company's charge

and expense, have been lavished by the said Warren Hastings to sundry

individuals, contrary to the general principles of his duty, and in

direct contradiction to the positive orders of the Court of Directors:

particularly, that, whereas by a resolution of the Court of Proprietors

of the East India Company, and by an instruction of the Court of

Directors, it was provided and expressly ordered that there should be

paid to the late Sir John Clavering "the sum of six thousand pounds

sterling per annum in full for his services as commander-in-chief, in

lieu of travelling charges and of all other advantages and emoluments

whatever," and whereas the Court of Directors positively ordered that

the late "Sir Eyre Coote should receive the _same_ pay as

commander-in-chief of their forces in India as was received by

Lieutenant-General Sir John Clavering," the said Warren Hastings,

nevertheless, within a very short time after Sir Eyre Coote's arrival in

Bengal, did propose and carry it in Council, that a new establishment

should be created for Sir Eyre Coote, by which an increase of expense

would be incurred by the India Company to the amount of eighteen

thousand pounds a year and upwards, exclusive of and in addition to his

salary of ten thousand pounds a year, provided for him by act of

Parliament as a member of the Supreme Council, and exclusive of and in

addition to his salary of six thousand pounds a year as

commander-in-chief, appointed for him by the Company, and expressly

fixed to that amount.

That the disobedience and breach of trust of which the said Warren

Hastings was guilty in this transaction is highly aggravated by the

following circumstances connected with it. That from the death of Sir

John Clavering to the arrival of Sir Eyre Coote in Bengal the

provisional command of the army had devolved to and been vested in

Brigadier-General Giles Stibbert, the eldest officer on that

establishment. That in this capacity, and, as the said Warren Hastings

has declared, "standing no way distinguished from the other officers in

the army, but by his accidental succession to the first place on the

list," he, the said Giles Stibbert, had, by the recommendation and

procurement of the said Warren Hastings, received and enjoyed a salary,

and other allowances, to the amount of 13,854_l._ 12_s._ per annum. That

Sir Eyre Coote, soon after his arrival, represented to the board that a

considerable part of those allowances, amounting to 8,220_l._ 10_s._ per

annum, ought to devolve to himself, as commander-in-chief of the

Company's forces in India, and, stating that the said Giles Stibbert

could no longer be considered as commander-in-chief under the Presidency

of Fort William, made a formal demand of the same. That the said Warren

Hastings, instead of reducing the allowances of the said Giles Stibbert

to the establishment at which they stood during General Clavering's

command, and for the continuance of which after Sir Eyre Coote's arrival

there could be no pretence, continued the allowances of 13,854_l._

12_s._ per annum to the said Giles Stibbert, and at the same time, in

order to appease and satisfy the demand of the said Sir Eyre Coote, did

create for him that new establishment, hereinbefore specified, of

eighteen thousand pounds per annum,--insomuch that, instead of the

allowance of _six thousand pounds a year, in lieu of travelling charges,

and of all emoluments and allowances whatsoever_, to which the pay and

allowances of commander-in-chief were expressly limited by the united

act of the legislative and executive powers of the Company, the annual

charge to be borne by the Company on that account was increased by the

said Warren Hastings to the enormous sum of thirty-eight thousand two

hundred and seventeen pounds ten shillings sterling.

That on the 1st of November, 1779, the said Warren Hastings did move and

carry it in Council, "that the Resident at the Vizier's court should be

furnished with an account of all the extra allowances and charges of the

commander-in-chief when in the field, with orders to add the same to the

debit of the Vizier's account, as a part of his general subsidy,--the

charge to commence from the day on which the general shall pass the

Caramnassa, and to continue till his return to the same line." That this

additional expense imposed by the said Warren Hastings on the Vizier was

unjust in itself, and a breach of treaty with that prince: the specific

amount of the subsidy to be paid by him having been fixed by a treaty,

to which no addition could justly be made, but at the previous

requisition of the Vizier. That the Court of Directors, in their letter

of the 18th of October, 1780, did condemn and prohibit the continuation

of the allowances above mentioned to Sir Eyre Coote in the following

words: "These allowances appear to us in a light so very extraordinary,

and so repugnant to the spirit of a resolution of the General Court of

Proprietors respecting the allowance made to General Clavering, that we

positively direct that they be discontinued immediately, and no part

thereof paid after the receipt of this letter." That on the 27th of

April, 1781, the Governor-General and Council, in obedience to the

orders of the Directors, did signify the same to the Commissary-General,

as an instruction to him that the extraordinary allowances to Sir Eyre

Coote _should be discontinued, and no part thereof paid after that

day_. That it appears, nevertheless, that the said extra allowances

(amounting to above twenty thousand pounds sterling a year) were

continued to be charged to the Vizier, and paid to Sir Eyre Coote, in

defiance of the orders of the Court of Directors, in defiance of the

consequent resolution of the Governor-General and Council, and in

contradiction to the terms of the original motion made by the said

Warren Hastings for adding those allowances to the debit of the Vizier,

viz., "that they should continue till Sir Eyre Coote's return to the

Caramnassa." That Sir Eyre Coote arrived at Calcutta about the end of

August, 1780, and must have crossed the Caramnassa, in his return from

Oude, some weeks before, when the charge on the Vizier, if at any time

proper, ought to have ceased. That it appears that the said allowances

were continued to be charged against the Vizier and paid to Sir Eyre

Coote for three years after, even while he was serving in the Carnatic,

and that this was done by the sole authority and private command of the

said Warren Hastings.

That the East India Company having thought proper to create the office

of Advocate-General in Bengal, and to appoint Sir John Day to that

office, it was resolved by a General Court of Proprietors that a salary

of three thousand pounds a year should be allowed to the said Sir John

Day, _in full consideration of all demands and allowances whatsoever for

his services to the Company at the Presidency of Fort William_. That the

said Warren Hastings, nevertheless, shortly after Sir John Day's arrival

in Bengal, did increase the said Sir John Day's salary and allowances to

six thousand pounds a year, in direct disobedience of the resolution of

the Court of Proprietors, and of the order of the Court of Directors.

That the Directors, as soon as they were informed of this proceeding,

declared, "that they held _themselves_ bound by the resolution of the

General Court, and that they could not allow it to be disregarded by the

Company's servants in India," and ordered that the increased allowances

should be forthwith discontinued. That the said Warren Hastings, after

having first thought it necessary, in obedience to the orders of the

Court of Directors, to stop the extraordinary allowance which he had

granted to Sir John Day, did afterwards resolve that the allowance which

had been struck off should be _repaid_ to him, upon his signing an

obligation to refund the amount which he might receive, in case the

Directors should confirm their former orders, already twice given. That

in this transaction the said Warren Hastings trifled with the authority

of the Company, eluded the repeated orders of the Directors, and exposed

the Company to the risk and uncertainty of recovering, at a distant

period, and perhaps by a process of law, a sum of money which they had

positively ordered him not to pay.

That in the latter part of the year 1776, by the death of Colonel

Monson, the whole power of the government of Fort William devolved to

the Governor and one member of the Council; and that from that time the

Governor-General and Council have generally consisted of an even number

of persons, in consequence of which the casting voice of the said Warren

Hastings has usually prevailed in the decision of all questions. That

about the end of the year 1776 the whole civil establishment of the said

government did not exceed 205,399_l._ per annum; that in the year 1783

the said civil establishment had been increased to the enormous annual

sum of 927,945_l._ That such increase in the civil establishment could

not have taken place, if the said Warren Hastings, who was at the head

of the government, with the power annexed to the casting voice, had not

actively promoted the said increase, which he had power to prevent, and

which it was his duty to have prevented. That by such immoderate waste

of the property of his employers, and by such scandalous breach of his

fidelity to them, it was the intention of the said Warren Hastings to

gain and secure the attachment and support of a multitude of

individuals, by whose united interest, influence, and intrigues he hoped

to be protected against any future inquiry into his conduct. That it was

of itself highly criminal in the said Warren Hastings to have so wasted

the property of the East India Company, and that the purpose to be

obtained by such waste was a great aggravation of that crime.

That among the various instances of profusion by which the civil

establishment of Fort William was increased to the enormous annual sum

hereinbefore mentioned, it appears that a Salt Office was created, of

six commissioners, whose annual emoluments were as follows, viz.:--

President, or Comptroller, per annum £18,480

1st member 13,100

2d do 11,480

3d do 13,183

4th do 6,257

5th do 10,307

------

£72,807

That a Board of Revenue was created by the said Warren Hastings,

consisting of five commissioners, whose annual emoluments were as

follows, viz.:--

1st member, per annum £10,950

2d do 9,100

3d do 9,100

4th do 9,100

5th do 9,100

------

£47,350

That David Anderson, Esquire, first member of the said board, did not

execute the duties, though he received the emoluments of the said

office: having acted, for the greatest part of the time, as ambassador

to Mahdajee Sindia, with a further salary of 4,280_l._ a year, making in

all 15,230_l._ a year. That the said Warren Hastings did create an

office of Agent-Victualler to the garrison of Fort William, whose

profits, on an average of three years, were 15,970_l._ per annum. That

this agency was held by the Postmaster-General, who in that capacity

received 2,200_l._ a year from the Company, and who was actually no

higher than a writer in the service. That the person who held these

lucrative offices, viz., John Belli, was private secretary to the said

Warren Hastings.

That the said Warren Hastings created a nominal office of Resident at

Goa, where the Company never had a Resident, nor business of any kind to

transact, and gave the said nominal office to a person who was not a

covenanted servant of the Company, with an allowance of 4,280_l._ a

year.

That these instances are proofs of a criminal profusion and high breach

of trust to the India Company in the said Warren Hastings, under whose

government, and by means of whose special power, derived from the effect

of his casting voice, all the said waste and profusion did take place.

That at the end of the year 1780, when, as the Court of Directors

affirm, _the Company were in the utmost distress for money, and almost

every department in arrear_, and when it appears that there was a great

scarcity and urgent want of grain at Fort St. George, the said Warren

Hastings did accept of a proposal made to him by James Peter Auriol,

then Secretary to the Council, to supply the Presidency of Fort St.

George with rice and other articles, and did appoint the said Auriol to

be the agent for supplying _all the other_ Presidencies with those

articles; that the said Warren Hastings declared that the intention of

the appointment "was most likely to be fulfilled by a liberal

consideration of it," and therefore allowed the said Auriol a commission

of fifteen per cent on the whole of his disbursements, thereby rendering

it the direct interest of the said Auriol to make his disbursements as

great as possible; that the chance of capture by the enemy, or danger of

the sea, was to be at the risk of the India Company, and not of the said

Auriol; that the said Warren Hastings declared personally to the said

Auriol, "that this post was intended as a reward for his long and

faithful services." That the President and Council of Bombay did

remonstrate against what they called _the enormous amount of the

charges_ of the rice with which they wore supplied, which they state to

be nine rupees a bag at Calcutta, when they themselves could have

contracted for its delivery at Bombay, free of all risk and charges, at

five rupees and three sixteenths per bag; and that even at Madras, where

the distress and demand was greatest, the supplies of grain by private

traders, charged to the Company, were nineteen per cent cheaper than

that supplied by the said Auriol, exclusive of the risk of the sea and

of capture by the enemy. That it is stated by the Court of Directors,

that the agent's commission on a supply of _a single year_ (the said

commission being not only charged on the prime cost of the rice, but

also on the freight and all other charges) would amount to pounds

sterling 26,873, and by the said Auriol himself is admitted to amount to

18,292_l._ That William Larkins, the Accountant-General at Port William,

having been ordered to examine the accounts of the said agent, did

report to the Governor-General and Council, that he found them to be

_correct in the additions and calculations_; and that then the said

Larkins adds the following declaration: "The agent _being upon honor_

with respect to the sums charged in his accounts for the cost of the

articles supplied, I did not think myself authorized to require _any

voucher_ of the sums charged for the demurrage of sloops, either as to

the time of detention or the rate of the charge, or of those for the

articles lost in going down the river; and on that ground I thought

myself equally bound to admit the sums acknowledged as received for the

sales of goods returned, without requiring vouchers of the rates at

which they were sold." That in this transaction the said Warren Hastings

has been guilty of a high breach of trust and duty, in the unnecessary

expenditure of the Company's money, and in subjecting the Company to a

profusion of expense, at all times wholly unjustifiable, but

particularly at the time when that expense was incurred. That the said

Warren Hastings was guilty of breach of orders, as well as breach of

trust, in not advertising generally for proposals; in not _contracting_

indifferently for the supplies with such merchants as might offer to

furnish them on the lowest terms; in giving an enormous commission to an

agent, and that commission not confined to the prime cost of the

articles, but to be computed on the whole of his charges; in accepting

of the _honor_ of the said agent as a sufficient voucher for the cost of

the articles supplied, and for all charges whatever on which his

commission was to be computed; and finally, in giving a lucrative agency

for the supply of a distressed and starving province as a reward to a

Secretary of State, whose labors in that capacity ought to have been

rewarded by an avowed public salary, and not otherwise. That, after the

first year of the said agency was expired, the said Warren Hastings did

agree, that, for the future, the commission to be drawn by the said

agent should be reduced to five per cent, which the Governor-General and

Council then declared to be _the customary, amount drawn by merchants_;

but that even in this reduction of the commission the said Warren

Hastings was guilty of a deception, and did not in fact reduce the

commission from fifteen to five per cent, having immediately after

resolved that he, the agent, should be allowed the current interest of

Calcutta upon all his drafts on the Treasury from the day of their

dates, until they should be completely liquidated; that the legal

interest of money in Bengal is twelve per cent per annum, and the

current interest from eight to ten per cent.

VIII.--PRESENTS.

That, before the appointment of the Governor-General and Council of Fort

William by act of Parliament, the allowances made by the East India

Company to the Presidents of that government were abundantly sufficient;

and that the said Presidents in general, and the said Warren Hastings

particularly, was restrained by a specific covenant and indenture, which

he entered into with the Company, from accepting any gifts, rewards, or

gratuities whatsoever, on any account or pretence whatsoever. That in

the Regulating Act passed in the year 1773, which appointed the said

Warren Hastings, Esquire, Governor-General of Fort William in Bengal, a

salary of twenty-five thousand pounds a year was established for him, to

which the Court of Directors added, "that he should enjoy their

principal houses, with the plate and furniture, both in town and

country, _rent-free_." That the same law which created the office and

provided the salary of the said Warren Hastings did expressly, and in

the clearest and most comprehensive terms that could be devised,

prohibit him from receiving any present, gift, or donation, in any

manner or on any account whatsoever; and that the said Warren Hastings

perfectly understood the meaning, and acknowledged the binding force of

this prohibition, before he accepted of the office to which it was

annexed: he knew, and had declared, that _the prohibition was positive

and decisive; that it admitted neither of refinement or misconstruction;

and that in his opinion an opposition would be to incur the penalty_.

That, notwithstanding the covenants and engagements above mentioned, it

appears in the recorded proceedings of the Governor-General and Council

of Fort William, that sundry charges have been brought against the said

Warren Hastings for gifts or presents corruptly taken by him before the

promulgation of the act of 1773 in India, and that these charges were

produced at the Council Board in the presence of the said Warren

Hastings. That, in March, 1775, the late Rajah Nundcomar, a native

Hindoo, of the highest caste in his religion, and of the highest rank in

society, by the offices which he had held under the country government,

did lay before the Council an account of various sums of money paid by

him to the said Warren Hastings, amounting to forty thousand pounds and

upwards, for offices and employments corruptly disposed of by the said

Warren Hastings, and did offer and engage to prove and establish the

same by sufficient evidence. That this account is stated with a minute

particularity and precision; the date of each payment, down to that of

small sums, is specified; the various coins in which such payments were

severally made are distinguished; and the different persons through

whose hands the money passed into those of the said Warren Hastings are

named. That such particularity on the face of such a charge, supposing

it false, is favorable to the party wrongfully accused, and exposes the

accuser to an instant and easy detection: for, though, as the said

Warren Hastings himself has observed on another occasion, "papers may be

forged, and evidences may appear in numbers to attest them, yet it must

always be an _easy_ matter to detect the falsity of any forged paper

produced by examining the witnesses separately, and subjecting them to a

subsequent cross-examination, in which case, if false, they will not be

able to persevere in one regular, consistent story "; whereas, if no

advantage be taken of such particularity in the charge to detect the

falsehood thereof, and if no attempt to disprove it, and no defence

whatever be made, a presumption justly and reasonably arises in favor of

the truth of such charge. That the said Warren Hastings, instead of

offering anything in his defence, declared that _he would not suffer

Nundcomar to appear before the board at his accuser_; that he attempted

to indict his said accuser for a conspiracy, in which he failed; and

that the said Rajah Nundcomar was soon after, and while his charge

against the said Warren Hastings was depending before the Council,

indicted upon an English penal statute, which does not extend even to

Scotland,[1] before the Supreme Court of Judicature, for an offence said

to have been committed several years before, and not capital by the laws

of India, and was condemned and executed. That the evidence of this man,

not having been encountered at the time when it might and ought to have

been by the said Warren Hastings, remains justly in force against him,

and is not abated by the capital punishment of the said Nundcomar, but

rather confirmed by the time and circumstances in which the accuser of

the said Warren Hastings suffered death. That one of the offices for

which a part of the money above mentioned is stated to have been paid to

the said Warren Hastings was given by him to Munny Begum, the widow of

the late Mir Jaffier, Nabob of Bengal, whose son, by another woman,

holds that title at present. That the said Warren Hastings had been

instructed by the Court of Directors of the East India Company to

appoint "_a minister_ to transact the political affairs of the

government, and to select for that purpose some person well qualified

for the affairs of government, to be the minister and guardian of the

Nabob's minority." That for these offices, and for the execution of the

several duties belonging to them, the said Warren Hastings selected and

appointed the said Munny Begum, a woman evidently unqualified for and

incapable of such offices, and restrained from acting in such capacities

by her necessary seclusion from the world and retirement in a seraglio.

That, a considerable deficiency or embezzlement appearing in this

woman's account of the young Nabob's stipend, she voluntarily declared,

by a writing under her seal, that she had given fifteen thousand pounds

to the said Warren Hastings for an entertainment,--which declaration

corresponds with and confirms that part of the charge produced by Rajah

Nundcomar to which it relates. That neither this nor any other part of

the said charge has been at any time directly denied or disputed by the

said Warren Hastings, though made to his face, and though he was

repeatedly accused by his colleagues, who were appointed by Parliament

at the same time with himself, of peculation of every sort. That,

instead of promoting a strict inquiry into his conduct for the clearance

of his innocence and honor, he did repeatedly endeavor to elude and

stifle all inquiry by attempting to dissolve the meetings of the Council

at which such charges were produced, and by other means, and has not

since taken any steps to disprove or refute the same. That the said

Warren Hastings, so long ago as September, 1775, assured the Court of

Directors, "that it was his fixed determination most fully and

liberally to explain every circumstance of his conduct on the points on

which he had been injuriously arraigned, and to afford them the clearest

conviction of his own integrity, and of the propriety of his motives for

declining a present defence of it"; and having never since given to the

Court of Directors any explanation whatever, much less the full and

liberal explanation he had promised so repeatedly, has thereby abandoned

even that late and protracted defence which he himself must have thought

necessary to be made at some time or other, and which he would be

thought to have deferred to a period more suitable and convenient than

that in which the facts were recent, and the impression of these and

other charges of the same nature against him was fresh and unimpaired in

the minds of men.

That on the 30th of March, 1775, a member of the Council produced and

laid before the board a petition from Mir Zein Abul Deen, (formerly

farmer of a district, and who had been in creditable stations,) setting

forth, that Khân Jehan Khân, then Phousdar of Hoogly, had obtained that

office from the said Warren Hastings, with a salary of seventy-two

thousand sicca rupees a year, and that the said _Phousdar had given a

receipt of bribe to the patron of the city_, meaning Warren Hastings, to

pay him annually thirty-six thousand rupees a year, and also to his

banian, Cantoo Baboo, four thousand rupees a year, out of the salary

above mentioned. That by the thirty-fifth article of the instructions

given to the Governor-General and Council, they are directed

"immediately to cause the strictest inquiry to be made into all

oppressions which might have been committed either against the natives

or Europeans, and into all abuses that might have prevailed in the

collection of the revenues, or any part of the civil government of the

Presidency, and to communicate to the Directors all information which

they might be able to obtain relative thereto, or to any dissipation or

embezzlement of the Company's money." That the above petition and

instruction having been read in Council, it was moved that the

petitioner should be ordered to attend the next day to make good his

charge. That the said Warren Hastings declared, "that it appeared to him

to be the purpose of the majority to make him the sole object of their

personal attacks; that they had taken their line, and might pursue it;

that he should have other remarks to make upon this transaction, but, as

they would be equally applicable _to many others_ which in the course of

this business were likely to be brought before the board, he should say

no more on the subject";--and he objected to the motion. That by the

preceding declaration the said Warren Hastings did admit that many other

charges were likely to be brought against him, and that such charges

would be of a similar nature to the first, viz., a corrupt bargaining

for the disposal of a great office, since he declared that his remarks

on that transaction would be equally applicable to the rest; and that,

by objecting to the motion for the personal attendance of the accuser,

he resisted and disobeyed the Company's instructions, and did, as far as

depended on his power, endeavor to obstruct and prevent all inquiry into

the charge. That in so doing he failed in his duty to the Company, he

disobeyed their express orders, and did leave the charge against himself

without a reply, and even without a denial, and with that unavoidable

presumption against his innocence which lies against every person

accused who not only refuses to plead, but, as far as his vote goes,

endeavors to prevent an examination of the charge, and to stifle all

inquiry into the truth of it. That, the motion having been nevertheless

carried, the said Warren Hastings did, on the day following, declare,

"that he could not sit to be confronted with such accusers, nor suffer a

judicial inquiry into his conduct at the board of which he was

president, and declared the meeting of the board dissolved." That the

board continued to sit and examine witnesses, servants of the Phousdar,

on oath and written evidence, being letters under the hand and seal of

the Phousdar, all directly tending to prove the charge: viz., that, out

of the salary of seventy-two thousand rupees a year paid by the Company,

the said Phousdar received but thirty-two thousand, and that the

remainder was received by the said Warren Hastings and his banian. That

the Phousdar, though repeatedly ordered to attend the board, did, under

various pretences, decline attending, until the 19th of May, when, the

letters stated be his, that is, under his hand and seal, being shown to

him, it was proposed by a member of the board that he should be asked

whether he had any objection to swear to the truth of such answers as he

might make to the questions proposed by the board; that the said Warren

Hastings objected to his being put to his oath; that the question was

nevertheless put to him, in consequence of a resolution of the board;

that he first declined to swear, under pretence _that it was a matter of

serious consequence to his character to take an oath_, and, when it was

finally left to his option, he declared, "Mean people might swear, but

that his character would not allow him,--that he could not swear, and

had rather subject himself to a loss." That the evidence in support of

the charge, being on oath, was in this manner left uncontradicted. That

it was admitted by the said Warren Hastings, that neither Mussulmen or

Hindoos are forbidden by the precepts of their religion to swear; that

it is not true, as the said Warren Hastings asserted, that it was

repugnant to the _manners_ either of Hindoos or Mussulmen; and that, if,

under such pretences, the natives were to be exempted from taking an

oath, when examined by the Governor and Council, all the inquiries

pointed out to them by the Company's instructions might stop or be

defeated. That no valid reason was or could be assigned why the said

Phousdar should not be examined on oath; that the charge was not against

himself; and that, if any questions had been put to him, tending to make

him accuse himself, he might have declined to answer them. That, if he

could have safely sworn to the innocence of the said Warren Hastings,

from whom he received his employment, he was bound in gratitude as well

as justice to the said Warren Hastings to have consented to be examined

on oath; that, not having done so, and having been supported and abetted

in his refusal by the said Warren Hastings himself, whose character and

honor, were immediately at stake, the whole of the evidence for the

truth of the charge remains unanswered, and in full force against the

said Warren Hastings, who on this occasion recurred to the declaration

he had before made to the Directors, viz., "that he would most fully and

liberally explain every circumstance of his conduct," but has never

since that time given the Directors any explanation whatsoever of his

said conduct. And finally, that, when the Court of Directors, in

January, 1776, referred the question (concerning the legality of the

power assumed and repeatedly exercised by the said Warren Hastings, of

dissolving the Council at his pleasure) to the late Charles Sayer, then

standing counsel of the East India Company, the said Charles Sayer

declared his opinion in favor of the power, but concerning the use and

exercise of it in the cases stated did declare his opinion in the

following words: "I believe he, Warren Hastings, is the first governor

that ever dissolved a council inquiring into his behavior, when he was

innocent." Before he could summon three councils, and dissolve them, he

had time fully to consider what would be the result of such conduct, _to

convince everybody beyond a doubt of his conscious guilt_.--That, by a

resolution of a majority of the Council, constituting a lawful act of

the Governor-General and Council, the said Khân Jehan Khân was dismissed

from the office of Phousdar of Hoogly for a contempt of the authority of

the board; that, within a few weeks after the death of the late Colonel

Monson, the number of the Council being then even, and all questions

being then determined by the Governor-General's casting voice, the said

Warren Hastings did move and carry it in Council, that the said Khân

Jehan Khân should be restored to his office; and that restoration, not

having been preceded, accompanied, or followed by any explanation or

defence whatsoever, or even by a denial of the specific and

circumstantial charge of collusion with the said Khân Jehan Khân, has

confirmed the truth of the said charge.

That, besides the sums charged to have been paid to the said Warren

Hastings by the said Nundcomar and Munny Begum and Khân Jehan Khân, and

besides the sum of one hundred and ten thousand pounds already mentioned

to have been accepted without hesitation by him, as a present on the

part of the Nabob of Oude and that of his ministers, the circumstances

of which have been particularly reported to the House of Commons, it

appears by the confession of the said Warren Hastings, that he has at

different times since the promulgation of the act of 1773, received

various other sums, contrary to the express prohibition of the said act,

and his own declared sense of the evident intent and obligation

thereof.--That in the month of June, 1780, the said Warren Hastings made

to the Council what he called "a very unusual tender, by offering to

exonerate the Company from the expense of a particular measure, and to

_take it upon himself_; declaring that he had already deposited two lacs

of rupees [or twenty-three thousand pounds] in the hands of the

Company's sub-treasurer for that service." That in a subsequent letter,

dated the 29th of November, 1780, he informed the Court of Directors,

that "this money, by whatever means it came into their possession, _was

not his own_"; but he did not then, nor has he at any time since, made

known to the Court of Directors from whom or on what account he received

that money, as it was his duty to have done in the first instance, and

notwithstanding the said Directors signified to him their expectation

that he should communicate to them "immediate information of the channel

by which this money came into his possession, with a complete

illustration of the cause or causes of so extraordinary an event." But,

from evidence examined in England, it has been discovered that this

money was received by the said Warren Hastings from Cheyt Sing, the

Rajah of Benares, who was soon after dispossessed of all his property

and driven from his country and government by the said Warren Hastings.

That, notwithstanding the declaration made by the said Warren Hastings,

that he had actually deposited the sum above mentioned in the hands of

the Company's sub-treasurer for their service, it does not appear that

"any entry whatsoever of that or any other payment by the

Governor-General was made in the Treasury accounts at or about the

time," nor is there any trace in the Company's books of its being

actually paid into their treasury. It appears, then, by the confession

of the said Warren Hastings, that this money was received by him; but it

does not appear that he has converted it to the property and use of the

Company.

That in a letter from the said Warren Hastings to the said Court of

Directors, dated the 22d of May, 1782, but not dispatched, as it might

and ought to have been, at that time, but detained and kept back by the

said Warren Hastings till the 16th of December following, he has

confessed the receipt of various other sums, amounting (with that which

he accepted from the Nabob of Oude) to nearly two hundred thousand

pounds, which sums he affirmed had been converted to the Company's

property through his means, but without discovering from whom or on what

account he received the same. That, instead of converting this money to

the Company's property, as he affirmed he had done, it appears that he

had lent the greater part of it to the Company upon bonds bearing

interest, which bonds were demanded and received by him, and, for aught

that yet appears, have never been given up or cancelled. That for

another considerable part of the above-mentioned sum he has taken credit

to himself, as for a deposit of his own property, and therefore

demandable by him out of the Company's treasury at his discretion. That

all sums so lent or deposited are not alienated from the person who

lends or deposits the same; consequently, that the declaration made by

the said Warren Hastings, that he had converted the whole of these sums

to the Company's property, was not true. Nor would such a transfer, if

it had really been made, have justified the said Warren Hastings in

originally receiving the money, which, being in the first instance

contrary to law, could not be rendered legal by any subsequent

disposition or application thereof; much less would it have justified

the said Warren Hastings in delaying to make a discovery of these

transactions to the Court of Directors until he had heard of the

inquiries then begun and proceeding in Parliament, in finally making a

discovery, such as it is, in terms the most intricate, obscure, and

contradictory. That, instead of that full and clear explanation of his

conduct which the Court of Directors demanded, and which the said Warren

Hastings was bound to give them, he has contented himself with telling

the said Directors, that, "if this matter was to be exposed to the view

of the public, his reasons for acting as he had done might furnish a

variety of conjectures to which it would be of little use to reply; that

he either chose to conceal the first receipts from public curiosity by

receiving bonds for the amount, or possibly acted without any studied

design which his memory could at that distance of time verify; and that

he _could_ have concealed them from their eye and that of the public

forever." That the discovery, as far as it goes, establishes the guilt

of the said Warren Hastings in taking money against law, but does not

warrant a conclusion that he has discovered _all_ that he may have

taken; that, on the contrary, such discovery, not being made in proper

time, and when made being imperfect, perplexed, and wholly

unsatisfactory, leads to a just and reasonable presumption that other

facts of the same nature have been concealed, since those which he has

confessed might have been forever, and that this partial confession was

either extorted from the said Warren Hastings by the dread of detection,

or made with a view of removing suspicion, and preventing any further

inquiry into his conduct.

That the said Warren Hastings, in a letter to the Court of Directors

dated 21st of February, 1784, has confessed his having _privately

received_ another sum of money, the amount of which he has not declared,

but which, from the application he says he has made of it, could not be

less than thirty-four thousand pounds sterling. That he has not informed

the Directors from whom he received this money, at what time, nor on

what account; but, on the contrary, has attempted to justify the receipt

of it, which was illegal, by the application of it, which was

unauthorized and unwarrantable, and which, if admitted as a reason for

receiving money _privately_, would constitute a precedent of the most

dangerous nature to the Company's service. That, in attempting to

justify the receipt and application of the said money, he has endeavored

to establish principles of conduct in a Governor which tend to subvert

all order and regularity in the conduct of public business, to

encourage and facilitate fraud and corruption in all offices of

pecuniary trust, and to defeat all inquiry into the misconduct of any

person in whom pecuniary trust is reposed.--That the said Warren

Hastings, in his letter above mentioned, has made a declaration to the

Court of Directors in the following terms: "Having had occasion to

disburse from my own cash many sums, which, though required to enable me

to execute the duties of my station, I have hitherto omitted to enter in

my public accounts, and my own fortune being unequal to so heavy a

charge, I have resolved to reimburse myself in a mode the most suitable

to the situation of your affairs, by charging the same in my Durbar

accounts of the present year, and crediting them by a sum _privately

received_, and appropriated to your service in the same manner with

other sums received on account of the Honorable Company, and already

carried to their account." That at the time of writing this letter the

said Warren Hastings had been in possession of the government of Fort

William about twelve years, with a clear salary, or avowed emoluments,

at no time less than twenty-five thousand pounds sterling a year,

exclusive of which all the principal expenses of his residence were paid

for by the Company. That, if the services mentioned by him were required

to enable him to execute the duties of his station, he ought not to have

omitted to enter them in his public accounts at the times when the

expenses were incurred. That, if it was true, as he affirms, that, when

he first engaged in these expenses, he had no intention to carry them to

the account of the Company, there was no subsequent change in his

situation which could justify his departing from that intention. That,

if his own fortune in the year 1784 was unequal to so heavy a charge,

the state of his fortune at any earlier period must have been still more

unequal to so heavy a charge. That the fact so asserted by the said

Warren Hastings leads directly to an inference palpably false and

absurd, viz., that, the longer a Governor-General holds that lucrative

office, the poorer he must become. That neither would the assertion, if

it were true, nor the inference, if it were admitted, justify the

conduct avowed by the said Warren Hastings in resolving to reimburse

himself out of the Company's property without their consent or

knowledge.--That the account transmitted in this letter is styled by

himself _an aggregate of a contingent account of twelve years_; that all

contingent accounts should be submitted to those who ought to have an

official control over them, at annual or other shorter periods, in order

that the expense already incurred may be checked and examined, and

similar expenses, if disapproved of, may be prohibited in time; that,

after a very long period is elapsed, all check and control over such

expenses is impracticable, and, if it were practicable in the present

instance, would be completely useless, since the said Warren Hastings,

without waiting for the consent of the Directors, did _resolve to

reimburse himself_. That the conduct of the said Warren Hastings, in

withholding these accounts for twelve years together, and then resolving

to reimburse himself without the consent of his employers, has been

fraudulent in the first instance, and in the second amounts to a denial

and mockery of the authority placed over him by law; and that he has

thereby set a dangerous example to his successors, and to every man in

trust or office under him.--That the mode in which he has reimbursed

himself is a crime of a much higher order, and greatly aggravates

whatever was already criminal in the other parts of this transaction.

That the said Warren Hastings, in declaring that he should reimburse

himself by crediting the Company by _a sum privately received_, has

acknowledged himself guilty of an illegal act in receiving money

_privately_. That he has suppressed or withheld every particular which

could throw any light on a conduct so suspicious in a Governor as the

_private_ receipt of money. That the general confession of the private

receipt of a large sum in gross, in which no circumstance of time,

place, occasion, or person, nor even the amount, is specified, tends to

cover or protect any act of the same nature (as far as a general

confession can protect such acts) which may be detected hereafter, and

which in fact may not make part of the gross sum so confessed, and that

it tends to perplex and defeat all inquiry into such practices.--That

the said Warren Hastings, in stating to the Directors that he has

resolved to reimburse himself in _a mode the most suitable to the

situation of their affairs_, viz., by receiving money privately against

law, has stated a presumption highly injurious to the integrity of the

said Directors, viz., that they will not object to, or even inquire

into, any extraordinary expenses incurred and charged by their Governors

in India, provided such expenses are reimbursed by money privately and

illegally received. That he has not explained what that situation of

their affairs was or could be to which so dangerous and corrupt a

principle was or might be applied.--That no evidence has been produced

to prove that it was true, nor any ground of argument stated to show

that it might be credible, that any native of India had voluntarily and

gratuitously given money privately to the said Warren Hastings, that is,

without some prospect of a benefit in return, or some dread of his

resentment, if he refused. That it is not a thing to be believed, that

any native would give large sums privately to a Governor, which he

refused to give or lend publicly to government, unless it were to derive

some adequate secret advantage from the favor, or to avoid some mischief

from the enmity of such Governor.--That the late confessions made by the

said Warren Hastings of money received against law are no proof that he

did not originally intend to appropriate the same to his own use, such

confessions having been made at a suspicious moment, when, and not

before, he was apprised of the inquiries commenced in the House of

Commons, and when a dread of the consequence of those inquiries might

act upon his mind. That such confessions, from the obscure, intricate,

and contradictory manner in which they are made, imply guilt in the said

Warren Hastings, as far as they go; that they do not furnish any color

of reason to conclude that he has confessed all the money which he may

have corruptly received; but that, on the contrary, they warrant a just

and reasonable presumption, that, in discovering some part of the bribes

he had received, he hoped to lull suspicion, and thereby conceal and

secure the rest.

That the Court of Directors, when the former accounts of these

transactions came before them, did show an evident disposition not to

censure the said Warren Hastings, but to give the most favorable

construction to his conduct; that, nevertheless, they found themselves

obliged "to confess that the statement of those transactions appeared to

them in many parts so _unintelligible_, that they felt themselves under

the necessity of calling on the Governor-General for an explanation,

agreeably to his promise voluntarily made to them." That their letter,

containing this requisition, was received in Bengal in the month of

August, 1784, and that the said Warren Hastings did not embark for

England until the 2d of February, 1785, but made no reply to that letter

before his departure, owing, as he has since said, _to a variety of

other more important occupations_. That, under pretence of such

occupations, he neglected to transmit to the Court of Directors a copy

of a paper which, he says, contained the _only_ account he ever kept of

the transaction. That such a paper, or a copy of it, might have been

transmitted without interrupting other important occupations, if any

could be more important than that of giving a clear and satisfactory

answer to the requisition of the Directors. That since his arrival in

England he has written a letter to the chairman of that court,

professedly in answer to their letter above mentioned, but in fact

giving no explanation or satisfaction whatsoever on the points which

they had declared to be unintelligible. That the terms of his letter are

ambiguous and obscure, such as a guilty man might have recourse to in

order to cover his guilt, but such as no innocent man, from whom nothing

was required but to clear his innocence by giving plain answers to plain

questions, could possibly have made use of. That in his letter of the

11th of July, 1785, he says, "that he has been kindly apprised that the

information required as above _was yet expected from him_: that the

submission which his respect would have enjoined him to pay to the

command imposed on him _was lost to his recollection_, perhaps from the

stronger impression which the first and distant perusal of it had left

on his mind that it was rather intended as a reprehension for something

which had given offence in his report of the original transaction than

as expressive of any want of a further elucidation of it."[2]

That the said Warren Hastings, in affecting to doubt whether the

information expressly required of him by his employers was expected or

not, has endeavored to justify a criminal delay and evasion in giving

it. That, considering the importance of the subject, and the recent date

of the command, it is not possible _that it could be lost to his

recollection_; much less is it possible that he could have understood

the specific demand of an answer to specific questions to be intended

only as a reprehension for a former offence, viz., the offence of

withholding from the Directors that very explanation which he ought to

have given in the first instance. That the said Warren Hastings, in his

answer to the said questions, cautiously avoids affirming or denying

anything in clear, positive terms, and professes to recollect nothing

with absolute certainty. That he has not, even now, informed the

Directors of the name of any one person from whom any part of the money

in question was received, nor what was the motive of any one person for

giving the same. That he has, indeed, declared, that his motive for

lending to the Company, or depositing in their treasury in his own name,

money which he has in other places declared to be their property, was to

avoid ostentation, and that _lending_ the money was _the least liable

to reflection_; yet, when he has stated these and other conjectural

motives for his own conduct, he declares _he will not affirm, though he

is firmly persuaded, that those were his sentiments on the occasion_.

That of one thing only the said Warren Hastings declares he is

_certain_, viz., "that it was his design originally to have _concealed_

the receipt of all the sums, except the second, even from the knowledge

of the Court of Directors, but that, when fortune threw a sum in his way

of a magnitude _which could not be concealed_, and the peculiar delicacy

of his situation at the time in which he received it made him more

circumspect of appearances, he _chose_ to apprise his employers of it."

That the said Warren Hastings informs the Directors, that he had

indorsed the bonds taken by him for money belonging to the Company, and

lent by him to the Company, _in order to guard against their becoming a

claim on the Company, as part of his estate, in the event of his death_;

but he has not affirmed, nor does it anywhere appear, that he has

surrendered the said bonds, as he ought to have done. That the said

Warren Hastings, in affirming that he had not time to answer the

questions put to him by the Directors, while he was in Bengal,--in not

bringing with him to England the documents necessary to enable him to

answer those questions, or in pretending that he has not brought

them,--in referring the Directors back again to Bengal for those

documents, and for any further information on a subject on which he has

given them no information,--and particularly in referring them back to a

person in Bengal for a paper which he says contained the _only_ account

he ever kept of the transaction, while he himself professes to doubt

whether that paper _be still in being_, whether _it be in the hands_ of

that person, or whether that person _can recollect anything distinctly

concerning it_,--has been guilty of gross evasions, and of palpable

prevarication and deceit, as well as of contumacy and disobedience to

the lawful orders of the Court of Directors, and thereby confirmed all

the former evidence of his having constantly used the influence of his

station for the most scandalous, illegal, and corrupt purposes.

IX.--RESIGNATION OF THE OFFICE OF GOVERNOR-GENERAL.

That Warren Hastings having by his agent, Lauchlan Macleane, Esquire, on

the 10th day of October, in the year 1776, "signified to the Court of

Directors his desire to resign his office of Governor-General of Bengal,

and requested their nomination of a successor to the vacancy which would

be thereby occasioned in the Supreme Council," the Court of Directors

did thereupon desire the said Lauchlan Macleane "to inform them of the

authority under which he acted in a point of such very great

importance"; and the said Lauchlan Macleane "signifying thereupon his

readiness to give the court every possible satisfaction on that subject,

but the powers with which he was intrusted by the papers in his custody

being mixed with other matters of a nature extremely confidential, he

would submit the same to the inspection of any three of the members of

the court," the said Court of Directors empowered the Chairman, Deputy

Chairman, and Richard Becher, Esquire, to inspect the authorities,

powers, and directions with which Mr. Macleane was furnished by Mr.

Hastings to make the propositions contained in his letter of the 10th

October, 1776, and to report their opinion thereon. And the said

committee did accordingly, on the 23d of the said month, report, "that,

having conferred with Mr. Macleane on the subject of his letter

presented to the court the 11th instant, they found, that, from the

purport of Mr. Hastings's instructions, contained in a paper in his own

handwriting given to Mr. Macleane, and produced by him to them, Mr.

Hastings declared he would not continue in the government of Bengal,

unless certain conditions therein specified could be obtained, of which

they saw no probability; and Mr. George Vansittart had declared to them,

that he was present when these instructions were given to Mr. Macleane,

and when Mr. Hastings empowered Mr. Macleane to declare his resignation

to the said court; that Mr. Stewart had likewise confirmed to them, that

Mr. Hastings declared to him, that he had given directions to the above

purpose by Mr. Macleane."

And the Court of Directors, having received from the said report due

satisfaction respecting the authority vested in the said Lauchlan

Macleane to propose the said resignation of the office of

Governor-General of Bengal, did unanimously resolve to accept the same,

and did also, under powers vested in the said court by the act of the

13th year of his present Majesty, "nominate and appoint Edward Wheler,

Esquire, to succeed to the office in the Council of Fort William in

Bengal which will become vacant by the said resignation, if such

nomination shall be approved by his Majesty": which nomination and

appointment was afterwards in due form approved and confirmed by his

Majesty.

That the Court of Directors did, by a postscript to their general

letter, dated 25th October, 1776, acquaint the Governor-General and

Council at Calcutta of their acceptance of the said resignation, of

their appointment of Edward Wheler, Esquire, to fill the said vacancy,

and of his Majesty's approbation of the said appointment, together with

the grounds of their said proceedings; and did transmit to the said

Governor-General and Council copies of the said instruments of

appointment and confirmation.

That the said dispatches from the Court of Directors were received at

Calcutta, and were read in Council on the 19th day of June, in the year

1777; and that Warren Hastings, Esquire, having taken no steps to yield

the government to his successor, General Clavering, and having observed

a profound silence on the subject of the said dispatches, he, the said

General Clavering, did, on the next day, being the 20th of June, by a

letter addressed to the said Warren Hastings, require him to surrender

the keys of Fort William, and of the Company's treasuries; but the said

Warren Hastings did positively refuse to comply with the said

requisition, "denying that his office was vacated, and declaring his

resolution to assert and maintain his authority by every legal means."

That the said General Clavering, conceiving that the office of

Governor-General was vacated by the arrival of the said dispatches,

which acquainted the Council-General of the resignation of the said

Warren Hastings and the appointment of the said Edward Wheler, Esquire,

and that he, the said General Clavering, had in consequence thereof

legally succeeded, under the provisions of the act of the 13th year of

his present Majesty's reign, to the said office of Governor-General,

become vacant in the manner aforesaid, did, in virtue thereof, issue in

his own name summonses to Richard Barwell, Esquire, and Philip Francis,

Esquire, members of the Council, to attend the same, and in the presence

of the said Philip Francis, Esquire, who obeyed the said summons, did

take the oaths as Governor-General, and did sit and preside in Council

as Governor-General, and prepared several acts and resolutions in the

said capacity of Governor-General, and did, amongst other things,

prepare a proclamation to be made of his said succession to the

government, and of its commencing from the date of the said

proclamation, but did not carry any of the acts or resolutions so

prepared into execution.

The said Warren Hastings did, notwithstanding thereof, and in pursuance

of his resolution to assert and maintain his authority, illegally and

unjustifiably summon the Council to meet in another department, and did

sit and preside therein, apart from the said General Clavering and his

Council, and, in conjunction with Richard Barwell, Esquire, who

concurred therein, issued sundry orders and did sundry acts of

government belonging to the office of Governor-General, and, amongst

others, did order several letters to be written in the name of the

Governor-General and Council, and did subscribe the same, to the

commandant of the garrison of Fort William, and to the commanding

officer at Barrackpore, and to the commanding officers at the other

stations, and also to the provincial councils and collectors in the

provinces, enjoining them severally "to obey no orders excepting such as

should be signed by the said Warren Hastings, or a majority of his

Council."

That the said Warren Hastings did, by the said proceedings, which were

contrary both to law and to good faith, constitute a double government,

thereby destroying and annihilating all government whatever; and, by his

said orders to the military officers, did prepare for open resistance by

arms, exposing thereby the settlement, and all the inhabitants, subjects

of or dependent on the British government, whether native or European,

not only to political distractions, but to the horrors of civil war; and

did, by exposing the divisions and weakness of the supreme government,

and thereby loosening the obedience of the provinces, shake the whole

foundation of British authority, and imminently endanger the existence

of the British nation in India.

That the said evils were averted only by the moderation of the said

General Clavering and Philip Francis, Esquire, in consenting to a

reference, and submitting to the decision of the judges of the Supreme

Court of Judicature, although they entertained no doubts themselves on

the legality of their proceedings and the validity of General

Clavering's instant right to the chair, and although they were not in

any way bound by law to consult the said judges, who had no legal or

judicial authority therein in virtue of their offices or as a court of

justice, but were consulted, and interposed their advice, only as

individuals, by the voluntary reference of the parties in the said

dispute. And the said Warren Hastings, by his declaration, entered in

Minutes of Council, "that it was his determination to abide by the

opinion of the judges," and by the measures he had previously taken as

aforesaid to enforce the same by arms, did risk all the dangerous

consequences above mentioned: which must have taken place, if the said

General Clavering and Philip Francis, Esquire, had not been more tender

of the public interests, and less tenacious of their own rights, and had

persisted in their claim, as they were by law entitled to do, the

extra-judicial interposition of the judges notwithstanding; and from

which claim they receded only from their desire to preserve the peace of

the settlement, and to prevent the mischiefs which the illegal

resistance of the said Warren Hastings would otherwise infallibly have

occasioned.

That, after the said judges had delivered their opinion, "that the place

and office of Governor-General of this Presidency had not yet been

vacated by Warren Hastings, and that the actual assumption of the

government by the member of the Council next in succession to Mr.

Hastings, in consequence of any deduction which could be made from the

papers communicated to them, would be absolutely illegal," and after the

said General Clavering and Philip Francis, Esquire, had signified to the

said Warren Hastings, by a letter dated the 21st of June, "their

intention to acquiesce in the said opinion of the judges," and when the

differences in the Supreme Council were by these means composed, and the

calamities consequent thereon were avoided, the said Warren Hastings and

Richard Barwell, Esquires, did once more endanger the public peace and

security by other illegal, unwarrantable, and unprovoked acts of

violence: having omitted to summon either the said General Clavering or

the said Philip Francis, Esquire, to Council; and having, in a Council

held thus privately and clandestinely and contrary to law, on the 22d

day of June, come to the following resolutions, viz.

"Resolved, That, by the said acts, orders, and declarations of

Lieutenant-General John Clavering, recited in the foregoing papers,"

(meaning the proceedings of General Clavering in his separate Council on

the 20th of June,) "he has actually usurped and assumed and taken

possession of the place and office of Governor-General of the Presidency

of Fort William in Bengal, granted by the act of the 13th of his present

Majesty to Warren Hastings, Esquire.

"Resolved, That Lieutenant-General John Clavering has thereby

relinquished, resigned, surrendered, and vacated the office of Senior

Counsellor of Fort William in Bengal.

"Resolved, That Lieutenant-General John Clavering has thereby

relinquished, resigned, surrendered, and vacated his place of

Commander-in-Chief of the Company's forces in India.

"Resolved, That Richard Barwell, Esquire, by virtue of the said act of

Parliament, and by the death of the Honorable George Monson, Esquire, is

promoted to the office of Senior Counsellor of the Presidency of Fort

William in Bengal, in consequence of the said relinquishment,

resignation, surrender, and vacation of General Clavering.

"Resolved, That the office of Commander-in-Chief of the Company's forces

in India, by the relinquishment, resignation, surrender, and vacation of

General Clavering, and by the death of the Honorable George Monson,

Esquire, does no longer exist.

"Resolved, That, for the preservation of the legality of our

proceedings, Lieutenant-General John Clavering be not in future summoned

or admitted as a member of the Governor-General and Council."

And the said Warren Hastings and Richard Barwell, Esquire, did again

sit in Council on the next day, being the 23d of June, without summoning

either General Clavering or Philip Francis, Esquire, and did come to

several other resolutions, and make several orders, contrary to law or

justice, and inconsistent with the tranquillity and the security of the

settlement: that is to say, they ordered their secretary "to notify to

General Clavering that the board had declared his offices of Senior

Counsellor and Commander-in-Chief to be vacant, and to furnish him with

a copy of these proceedings, containing the grounds of the board for the

aforesaid declaration."

And they ordered extracts of the said proceedings "to be issued in

general orders, with letters to all the provincial councils and military

stations, directing them to publish the same in general orders"; and

they resolved, "that all military returns be made to the

Governor-General and Council in their military department, until a

commander-in-chief shall be appointed by the Company."

That on the day following, that is to say, on the 24th of June, the said

Warren Hastings did again omit to summon General Clavering to Council,

and did again, together with Richard Barwell, Esquire, who concurred

therein, adhere to and confirm the said illegal resolutions come to on

the two former days, declaring "that they could not be retracted but by

the present authority of the law or by future orders from home," and

aggravating the guilt of the said unjustifiable acts by declaring, as

the said Warren Hastings did, "that they were not the precipitate

effects of an instant and passionate impulse, but the fruits of long and

most temperate deliberations, of inevitable necessity, of the strictest

sense of public duty, and of a conviction equal in its impression on

his mind to absolute certainty."

That the said Warren Hastings was the less excusable in this obstinate

adherence to his former unjust proceedings, as the said declarations

were made in answer to a motion made by Philip Francis, Esquire, for the

reversal of the said proceedings, and to a minute introducing the said

motion, in which Mr. Francis set forth in a clear and forcible manner,

and in terms with which the Court of Directors have since declared their

entire concurrence, both the extreme danger and the illegality and

invalidity of the said proceedings of Warren Hastings and Richard

Barwell, Esquire, concluding the said minute by the following

conciliatory declaration: "And that this salutary motion may not be

impeded by any idea or suspicion that General Clavering may do any act

inconsistent with the acquiescence which both he and I have avowed in

the decision of the judges, I will undertake to answer for him in this

respect, or that, if he should depart from the true spirit and meaning

of that acquiescence, I will not be a party with him in such

proceedings."

That the said Warren Hastings could not plead ignorance of the law in

excuse for the said illegal acts, as it appears from the proceedings of

the four preceding days that he was well acquainted with the tenure by

which the members of the Council held their offices under the act of the

13th of his present Majesty, and had stated the same as a ground for

retaining his own office, contrary to an express declaration of the

Court of Directors and an instrument under the sign-manual of his

Majesty; and the judges of the Supreme Court, in their reasons for their

decision in his favor, had stated the provisions in the said act,[3] so

far as they related to the matter in dispute, from which it appeared

that there were but four grounds on which the office of any member of

the Council could be vacated,--namely, death, removal, resignation, or

promotion. And as the act confined the power of removal to "his Majesty,

his heirs and successors, upon representation made by the Court of

Directors of the said United Company for the time being," and conferred

no such power on the Governor-General, or a majority of the Council, to

remove, on any ground or for any cause whatever, one of their

colleagues,--so, granting the claim of General Clavering to the chair,

and his acts done in furtherance thereof, to have been illegal, and

criminal in whatever degree, yet it did not furnish to the rest of the

Council any ground to remove him from his office of Counsellor under the

provisions of the said act; and there could therefore remain only his

_resignation_ or _promotion_, as a possible means of vacating his said

office. But with regard to the promotion of General Clavering to the

office of Governor-General, although he claimed it himself, yet, as Mr.

Hastings did not admit it, and as in fact it was even receded from by

General Clavering, it could not be considered, at least by Mr. Hastings,

as a valid ground for vacating his office of Senior Counsellor, since

the act requires for that purpose, not a rejected claim, but an actual

and effectual promotion; and General Clavering's office of Counsellor

could no more be vacated by such a naked claim, unsupported and

disallowed, than the seat of a member of the House of Commons could be

vacated, and a new writ issued to supply the vacancy, by his claim to

the office of Steward of the Chiltern Hundreds, when his Majesty has

refused to appoint him to the said office. And with regard to

resignation, although the said Warren Hastings, as a color to his

illegal resolutions, had affectedly introduced the word "resigned"

amongst those of "relinquished, surrendered, and vacated," yet he well

knew that General Clavering had made no offer nor declaration of his

resignation of his offices of Senior Counsellor and Commander-in-Chief,

and that he did not claim the office of Governor-General on the ground

of any such resignation made by himself, but on the ground of a

resignation made by the said Warren Hastings, which resignation the said

Warren Hastings did not admit; and the use of the term _resigned_ on

that occasion was therefore a manifest and wilful misconstruction and

misapplication of the words of the act of his present Majesty. And such

misinterpretation and false extension of the term of resignation was the

more indecent in the said Warren Hastings, as he was at the same moment

disavowing and refusing to give effect to his own clear and express

resignation, according to the true intent and meaning of the word as

used in the said act, made by his agent, duly authorized and instructed

by himself so to do, to an authority competent to receive and accept the

same.

That, although the said Warren Hastings did afterwards recede from the

said illegal measures, in compliance with the opinion and advice of the

judges again interposed, and did thereby avoid the guilt of such further

acts and the blame of such further evils as must have been consequent on

a persistence therein, yet he was nevertheless still guilty of the

illegal acts above described; and the same are great crimes and

misdemeanors.

That, although the judges did decide that the office of

Governor-General, held by the said Warren Hastings, was not _ipso facto_

and _instanter_ vacated by the arrival of the said dispatches and

documents transmitted by the Court of Directors, and did consider the

said consequences of the resignation as awaiting some future act or

event for its complete and effectual operation, yet the said judges did

not declare any opinion on the ultimate invalidity of the said acts of

Lauchlan Macleane, Esquire, as not being binding on his principal,

Warren Hastings, Esquire; nor did they declare any opinion that the

obligation of the said resignation was not from the beginning conclusive

and effectual, although its operation was, from the necessity of the

case, on account of the distance between England and India, to take

place only in future,--or that the said resignation made by Lauchlan

Macleane, Esquire, was only an offer or proposal of a resignation to be

made at some future and indefinite period, or a mere intimation of the

desire of Warren Hastings, Esquire, to resign at some future and

indefinite period, and that the said resignation, notwithstanding the

acceptance thereof by the Court of Directors, and the regular

appointment and confirmation of a successor, was still to remain

optional in the said Warren Hastings, to be ratified or departed from at

his future choice or pleasure; nor did the said judges pronounce, nor do

any of their reasonings which accompanied their decision tend to

establish it as their opinion, that even the time for ratifying and

completing the said transaction was to be at the sole discretion of the

said Warren Hastings; but they only delivered their opinion as

aforesaid, that his said office "has not _yet_ been vacated, and

[therefore] that the _actual_ assumption of the government by the

member of the Council next in succession was [in the actual

circumstances, and _rebus sic stantibus_] illegal."

That the said Warren Hastings does nowhere himself contend that the said

resignation was not absolute, but optional, according to the true

meaning and understanding of the parties in England, and so far as the

acts of Lauchlan Macleane, Esquire, and the Court of Directors, were

binding on him; but, on the contrary, he grounds his refusal to complete

the same, not on any interpretation of the words in which the said

resignation, and the other instruments aforesaid, were conceived, but

rather on a disavowal (not direct, indeed, but implied) of his said

agent, and of the powers under which the said agent had claimed to act

in his behalf. Neither did the said Warren Hastings ground his said

refusal on any objection to the particular day or period or

circumstances in which the requisition of General Clavering was made,

nor accompany the said refusal with any qualification in that respect,

or with any intimation that he would at any future or more convenient

season comply with the same,--although such an intimation might probably

have induced General Clavering to waive an instant and immediate claim

to the chair, and might therefore have prevented the distractions which

happened, and the greater evils which impended, in consequence of the

said claim of General Clavering, and the said refusal of Warren

Hastings, Esquire; but the said Warren Hastings did, on the contrary,

express his said refusal in such general and unqualified terms as

intimated an intention to resist absolutely and altogether, both then

and at any future time, the said requisition of General Clavering. And

the subsequent proceedings of the said Warren Hastings do all concur in

proving that such was his intention; for he did afterwards, in

conformity to the advice of the judges, move a resolution in Council,

"that all parties be placed in the same situation in which they stood

before the receipt of the last advices from England, reserving and

submitting to a decision in England the respective claims that each

party may conceive they have a right to make, but not acting upon those

claims till such decision shall arrive in Bengal": thereby clearly and

explicitly declaring that it was not his intention to surrender the

government until such decision should arrive in Bengal, which could not

be expected in less time than a year and a half after the date of the

said resolution; and thereby clearly and explicitly declaring that he

did not consider his resignation as binding for the present. And the

said intention was manifested, if possible, still more directly and

expressly in a letter written by the said Warren Hastings to the Court

of Directors, dated the 15th of August, 1777, being almost two months

after the receipt of the said dispatches, in which the said Warren

Hastings declares that "he did not hold himself bound by the

notification made by Mr. Macleane, nor by any of the acts consequent of

it."

That, such appearing to have been the intention of the said Warren

Hastings, General Clavering was justified in immediately assuming the

government, without waiting for any future act of the said Warren

Hastings for the actual surrender of the said government, none such

being likely to happen; and Philip Francis, Esquire, was justified in

supporting General Clavering in the same on the soundest principles of

justice, and on a maxim received in courts of equity, namely, that no

one shall avail himself of his own wrong,--and that, if any one refuse

or neglect to perform that which he is bound to do, the rights of others

shall not be prejudiced thereby, but such acts shall be deemed and

reputed to have been actually performed, and all the consequences shall

be enforced which would have followed from such actual performance. And

therefore the resolutions moved and voted in Council by the said Warren

Hastings, declaring the offices of General Clavering to be vacant, were

not only illegal, inasmuch as the said Warren Hastings had no authority

to warrant such a declaration, even on the supposition of the acts of

General Clavering being contrary to law, but the said resolutions were

further highly culpable and criminal, inasmuch as the said acts done by

General Clavering, which were made the pretence of that proceeding, were

strictly regular and legal.

That the refusal of the said Warren Hastings to ratify the said

resignation, and his disavowal of the said Lauchlan Macleane, his agent,

is not justified by anything contained in his said letter to the Court

of Directors, dated on the 15th of August, 1777,--the said Warren

Hastings nowhere directly and positively asserting that the said

Lauchlan Macleane was not his agent, and had not both full and general

powers, and even particular instructions for this very act, although the

said Warren Hastings uses many indirect and circuitous, but insufficient

and inapplicable, insinuations to that effect. And the said letter does,

on the contrary, contain a clear and express avowal that the said

Lauchlan Macleane was his confidential agent, and that in that capacity

he acted throughout, and particularly in this special matter, with zeal

and fidelity. And the said letter does further admit in effect the

instructions produced by the said Lauchlan Macleane, Esquire, confirmed

by Mr. Vansittart and Mr. Stewart, and relied on and confided in by the

Court of Directors, by which the said Lauchlan Macleane appeared to be

specially empowered to declare the said resignation, the words of the

said instruction being as follows: "That he [Mr. Hastings] _will not

continue in the government of Bengal_, unless certain conditions therein

specified can be obtained"; and the words of the said letter being as

follows: "What I myself know with certainty, or can recollect at this

distance of time, concerning the powers and instructions which were

given to Messieurs Macleane and Graham, when they undertook to be my

agents in England, I will circumstantially relate. I am in possession of

two papers which were presented to those gentlemen at the time of their

departure from Bengal, one of which comprises four short propositions

_which I required as the conditions of my being confirmed in this

government_." And although the said Warren Hastings does here artfully

somewhat change the words of his written instructions (and which having

in his possession he might as easily have given verbatim) to other words

which may appear less explicit, yet they are in fact capable of only the

same meaning: for, as, at the time of giving the said instructions to

his agents, he was in full possession of his office, he could want no

confirmation therein except _his own_; and, in such circumstances, "to

require certain things, _as the conditions of his being confirmed in his

government_," is tantamount to a declaration "_that he will not continue

in his government, unless those conditions can be obtained_." And the

said attempt at prevarication can serve, its author the less, as either

both sentences have one and the same meaning, or, if their meaning be

different, the original instructions in his own handwriting, or, in

other words, the thing itself, must be preferred as evidence of its

contents to a loose statement of its purport, founded, perhaps, on a

loose recollection of it at a great distance of time.

That the said refusal of Warren Hastings, Esquire, was a breach of faith

with the Court of Directors and his Majesty's ministers in England; as

the said resignation was not merely a voluntary offer without any

consideration, and therefore subject to be recalled or retracted at the

pleasure of the said Warren Hastings, but ought rather to be considered

as having been the result of a negotiation carried on between Mr.

Macleane for the benefit of Warren Hastings, Esquire, on the one hand,

and by the Court of Directors for the interests of the Company on the

other: which view of the transaction will appear the more probable, when

it is considered that at the time of the said resignation a strict

inquiry had been carrying on by the Court of Directors into the conduct

of the said Warren Hastings, and the solicitor and counsel to the

Company, and other eminent counsel, had given it as their opinions, on

cases stated to them, that there were grounds for suing the said Warren

Hastings in the courts of law and equity, and that the Company would be

entitled to recover in the said suits against Warren Hastings, Esquire,

several very large sums of money taken by him in his office of

Governor-General, contrary to law, and in breach of his covenants, and

of his duty to the Company and the public; and the Court of Directors

had also come to various severe resolutions of censure against the said

Warren Hastings, and amongst others to a resolution to recall the said

Warren Hastings, and remove him from his office of Governor-General, to

answer for sundry great crimes and delinquencies by him committed in his

said office. And on these accounts it appears probable that the said

resignation was tendered and accepted as a consideration for some

beneficial concessions made in consequence thereof to the said Warren

Hastings in his said dangerous and desperate condition.

And the said refusal was also an act of great disrespect to the Court of

Directors and to his Majesty, and, by rendering abortive their said

measures, solemnly and deliberately taken, and ratified and confirmed by

his Majesty, tended to bring the authority of the Court of Directors and

of his Majesty into contempt.

And the said refusal was an injury to General Clavering.

And was also, or might have been, a great injury to Edward Wheler,

Esquire.

And was an act of signal treachery to Lauchlan Macleane, Esquire, as

also to Mr. Vansittart and Mr. Stewart, whose honors and veracity were

thereby brought into question, doubt, and suspicion.

And the said refusal was prejudicial to the affairs of the servants of

the Company in India, by shaking the confidence to be placed in their

agents by those persons with whom it might be for their interests to

negotiate on any matter of importance, and by thus subjecting the

communication of persons abroad with those at home to difficulties not

known before.

X.--SURGEON-GENERAL'S CONTRACT.

That the said Warren Hastings, in the year 1777, did grant to the

Surgeon-General a contract for three years, for defraying every kind of

hospital and medicinal expense,--not only in breach of the general

orders of the Court of Directors with respect to the duration of

contracts, but in direct opposition to a particular order of the Court

of Directors, of the 30th of March, 1774, when they directed "that the

Surgeon should not be permitted to enjoy any emolument arising from his

being concerned in dieting the patients, and that the occupations of

surgeon and contractor should be forthwith separated." That the said

contract was in itself highly improper, and inconsistent with the good

of the service; as it afforded the greatest temptation to abuse, and

established a pecuniary interest in the Surgeon-General, contrary to the

duties of his station and profession.

XI.--CONTRACTS FOR POOLBUNDY REPAIRS.

That the Governor-General and Council at Fort William did, on the motion

and recommendation of Warren Hastings, Esquire, enter into a contract

with Archibald Frazer, Esquire, on the 16th of April, 1778, for the

repairs of the pools and banks in the province of Burdwan, for two

years, at the rate of 120,000 sicca rupees for the first year, and

80,000 rupees for the second year.

That on the 19th of December, 1778, the said Warren Hastings did further

persuade the Supreme Council to prolong the term of the above contract

with Archibald Frazer for the space of three years more on the same

conditions, namely, the payment of 80,000 sicca rupees for each year: to

which was added a permission to Mr. Frazer to make _dobunds_, or special

repairs, whenever he should judge them necessary, at the charge of

government.

That the said contracts, both in the manner of their acceptance by the

Supreme Council, without having previously advertised for proposals, and

in the extent of their duration, were made in direct violation of the

special orders of the Court of Directors.

That, so far from any advantage having been obtained for the Company in

the terms of these contracts, in consideration of the length of time for

which they were to continue, the expense of government upon this article

was increased by these engagements to a very great amount.

That it appears that this contract had been held for some years before

by the Rajah of Burdwan at the rate of 25,000 rupees per annum.

That the superintendent of poolbundy repairs, after an accurate and

diligent survey of the bunds and pools, and the Provincial Council of

Burdwan, upon the best information they could procure, had delivered it

as their opinion to the Governor-General and Council, before the said

agreement was entered into, that, after the heavy expense stated in Mr.

Kinlock's estimate, viz., 119,405 sicca rupees, if disbursed as they

recommended, the charge in future seasons would be greatly reduced,

_and, after one thorough and effectual repair, they conceived a small

annual expense would be sufficient to keep the bunds up and prevent

their going to decay_.

That, whatever extraordinary and unusual damages the pools and bunds

might have sustained, either from the neglect of the Rajah's officers,

or from the violence of the then late rains, and the torrents thereby

occasioned, to justify the expense of the first year, yet, as they were

all considered and included in the estimate for that year, there could

be no pretence for allowing and continuing so large and burdensome a

payment as 80,000 rupees per annum for the four succeeding years.

That the said Warren Hastings did, in his minutes of the 13th of

February, 1778, himself support that opinion, in the comparison to be

made between Mr. Thomson's proposals, of undertaking the same service

for 60,000 rupees a year for nine years, and the terms of Mr. Frazer's

contracts: preferring the latter, because these were "to effect a

complete repair, which could hardly be concluded in one season, and the

subsequent expense would be but trifling."

Notwithstanding which, the said Warren Hastings urged and prevailed upon

the Council to allow in the first year the full amount proposed by Mr.

Kinlock in his estimate of the necessary repairs, and did burden the

Company with what he must have deemed to be, for the greater part, an

unnecessary expense of 80,000 rupees per annum for four years.

That the permission granted to Mr. Frazer to make dobunds, or new and

additional embankments in aid of the old ones, whenever he should judge

them necessary, at the charge of government, (the said charge to be

verified by the oath of the said Frazer, without any voucher,) was a

power very much to be suspected, and very improper to be intrusted to a

contractor who had already covenanted to keep the old pools in perfect

repair, and to construct new ones wherever the old pools had been

broken down and washed away, or where the course of the rivers might

have rendered new ones necessary, in consideration of the great sums

stipulated to be paid to him by the government.

That the grant of the foregoing contracts, and the permission afterwards

annexed to the second of the said grants, become much more reprehensible

from a consideration of the circumstances of the person to whom such a

grant was made.

That the due performance of the service required local knowledge and

experience, which the said Archibald Frazer, being an officer in the

Supreme Court of Justice, could not have possessed.

XII.--CONTRACTS FOR OPIUM.

That it appears that the opium produced in Bengal and Bahar is a

considerable and lucrative article in the export trade of those

provinces; that the whole produce has been for many years monopolized

either by individuals or by the government; that the Court of Directors

of the East India Company, in consideration of the hardship imposed on

the native owners and cultivators of the lands, who were deprived of

their natural right of dealing with many competitors, and compelled to

sell the produce of their labor to a single monopolist, did authorize

the Governor-General and Council to give up that commodity as an article

of commerce.

That, while the said commodity continued to be a monopoly for the

benefit of government, and managed by a contractor, the contracts for

providing it were subject to the Company's fundamental regulation,

namely, to be put up to auction, and disposed of to the best bidder; and

that the Company particularly ordered that the commodity, when provided,

should be consigned to the Board of Trade, who were directed to dispose

thereof by public auction.

That in May, 1777, the said Warren Hastings granted to John Mackenzie a

contract for the provision of opium, to continue three years, and

without advertising for proposals. That this transaction was condemned

by the Court of Directors, notwithstanding a clause had been inserted in

that contract by which it was left open to the Court of Directors to

annul the same at the expiration of the first or second year.

That, about the end of the year 1780, the said Warren Hastings, in

contradiction to the order above mentioned, did take away the sale of

the opium from the Board of Trade, though he disclaimed, at the same

time, _any intention of implying a censure on their management_.

That in March, 1781, the said Warren Hastings did grant to Stephen

Sulivan, son of Lawrence Sulivan, Chairman of the Court of Directors of

the East India Company, a contract for the provision of opium, without

advertising for proposals, and without even receiving any written

proposals from him, the said Sulivan; that he granted this contract for

four years, and at the request of the said Sulivan did omit that clause

which was inserted in the preceding contract, and by which it was

rendered liable to be determined by orders from the Company: the said

Warren Hastings declaring, contrary to truth, that such clause was now

unnecessary, as the Directors _had approved_ the contract.

That the said Sulivan had been but a few months in Bengal when the above

contract was given to him; that he was a stranger to the country, and to

all the local commerce thereof, and therefore unqualified for the

management of such a concern; and that the said Sulivan, instead of

executing the contract himself, did, shortly after obtaining the same,

assign it over to John Benn and others, and in consideration of such

assignment did receive from the said Benn a great sum of money.

That from the preceding facts, as well as from sundry other

circumstances of restrictions taken off (particularly by abolishing the

office of inspector into the quality of the opium) and of beneficial

clauses introduced, it appears that the said Warren Hastings gave this

contract to the said Stephen Sulivan in contradiction to the orders of

the Court of Directors, and without any regard to the interests of the

India Company, for the sole purpose of creating an instant fortune for

the said Sulivan at the expense of the India Company, without any claim

of service or pretence of merit on his part, and without any apparent

motive whatever, except that of securing or rewarding the attachment and

support of his father, Lawrence Sulivan, a person of great authority and

influence in the direction of the Company's affairs, and notoriously

attached to and connected with the said Warren Hastings.

That the said Stephen Sulivan neither possessed nor pretended to possess

any skill in the business of his contract; that he exerted no industry,

nor showed or could show any exactness, in the performance of it, since

he immediately sold the contract for a sum of money to another person,

(for the sole purpose of which sale it must be presumed the same was

given,) by which person another profit was to be made; and by that

person the same was again sold to a third, by whom a third profit was to

be made.

That the said Warren Hastings, at the very time when he engaged the

Company in a contract for engrossing the whole of the opium produced in

Bengal and Bahar in the ensuing four years on terms of such exorbitant

profit to the contractor, affirmed, that "there was little prospect of

selling the opium in Bengal at a reasonable price, and that it was but

natural to suppose that the price of opium _would fall, from the demand

being lessened_"; that in a letter dated the 5th of May, 1781, he

informed the Directors, "that, owing to the indifferent state of the

markets last season to the Eastward, and the very enhanced rates of

insurance which the war had occasioned, they had not been able to

dispose of the opium of the present year to so great an advantage as

they expected, and that more than one half of it remained still in their

warehouses." That the said Warren Hastings was guilty of a manifest

breach of trust to his constituents and his employers in monopolizing,

for their pretended use, an article of commerce for which he declared

_no purchasers had offered, and that there was little prospect of any

offering, and the price of which_, he said, _it was but natural to

suppose would fall_.

That the said Warren Hastings, having, by his own act, loaded the

Company with a commodity for which, either in the ordinary and regular

course of public auction, or even by private contract, there was, as he

affirmed, no sale, did, under pretence of finding a market for the same,

engage the Company in an enterprise of great and certain expense,

subject to a manifest risk, and full of disgrace to the East India

Company, not only in their political character, as a great sovereign

power in India, but in their commercial character, as an eminent and

respectable body of merchants; and that the execution of this enterprise

was accompanied with sundry other engagements with other persons, in all

of which the Company's interest was constantly sacrificed to that of

individuals favored by the said Warren Hastings.

That the said Warren Hastings first engaged in a scheme to export one

thousand four hundred and sixty chests of opium, on the Company's

account, on board a ship belonging to Cudbert Thornhill, half of which

was to be disposed of in a coasting voyage, and the remainder in Canton.

That, besides the freight and commission payable to the said Thornhill

on this adventure, twelve pieces of cannon belonging to the Company were

lent for arming the ship; though his original proposal was, that the

ship should be armed at his expense. That this part of the adventure,

depending for its success on a prudent and fortunate management of

various sales and resales in the course of a circuitous voyage, and

being exposed to such risk both of sea and enemy that all private

traders had declined to be concerned in it, was particularly unfit for a

great trading company, and could not be undertaken on their account with

any rational prospect of advantage.

That the said Warren Hastings soon after engaged in another scheme for

exporting two thousand chests of opium directly to China on the

Company's account, and for that purpose accepted of an offer made by

Henry Watson, the Company's chief engineer, to convey the same in a

vessel of his own, and to deliver it to the Company's supra-cargoes.

That, after the offer of the said Henry Watson had been accepted, a

letter from him was produced at the board, in which he declared that he

was unable to equip the ship with a proper number of cannon, and

requested that he might be furnished with thirty-six guns from the

Company's stores at Madras; with which request the board complied.

That it appears that George Williamson, the Company's auctioneer at

Calcutta, having complained that by this mode of exporting the opium,

which used to be sold by public auction, he lost his commission as

auctioneer, the board allowed him to draw a commission of one per cent

on all the opium which had been or was to be exported. That it appears

that the contractor for opium (whose proper duties and emoluments as

contractor ended with the delivery of the opium) was also allowed to

draw a commission on the opium then shipping on the Company's account;

but for what reason, or on what pretence, does not appear.

That the said Warren Hastings, in order to pay the said Stephen Sulivan

in advance for the opium furnished or to be furnished by him in the

first year of his contract, did borrow the sum of twenty lacs of rupees

at eight per cent, or two hundred thousand pounds sterling, to be repaid

by drafts to be drawn on the Company by their supra-cargoes in China,

provided the opium consigned to them should arrive safe; but that, if

the adventure failed, whether by the loss of the ships or otherwise, the

subscribers to the above loan were to be repaid their capital and

interest out of the Company's treasury in Bengal.

That the said Warren Hastings, having in this manner purchased a

commodity for which he said there was no sale, and paid for it with

money which he was obliged to borrow at a high interest, was still more

criminal in his attempt, or pretended plan, to introduce it

clandestinely into China. That the importation of opium into China is

forbidden by the Chinese government; that the opium, on seizure, is

burnt, the vessel that imports it confiscated, and the Chinese in whose

possession it may be found for sale punished with death.

That the Governor-General and Council were well aware of the existence

of these prohibitions and penalties, and did therefore inform the

supra-cargoes in China, that the ship belonging to the said Henry Watson

would enter the river at China as an armed ship, _and would not be

reported as bearing a cargo of opium, that being a contraband trade_.

That, of the above two ships, the first, belonging to Cudbert Thornhill,

was taken by the French; and that the second, arriving in China, did

occasion much embarrassment and distress to the Company's supra-cargoes

there, who had not been previously consulted on the formation of the

plan, and were exposed to great difficulty and hazard in the execution

of their part of it. That the ship was delayed, at a demurrage of an

hundred dollars a day, for upwards of three months, waiting in vain for

a better market. The factory estimate the _loss_ to the Company,

including port charges, demurrage, and factory charges allowed the

captain, at sixty-nine thousand nine hundred and ninety-three dollars,

or about twenty thousand pounds sterling.

That the Company's factory at China, after stating the foregoing facts

to the Court of Directors, conclude with the following general

observation thereon. "On a review of these circumstances, with the

extravagant and unusual terms of the freight, demurrage, factory

charges, &c., &c., we cannot help being of opinion that private

considerations have been suffered to interfere too much for any benefit

that may have been intended to the Honorable Company. We hope for the

Honorable Court's approbation of our conduct in this affair. The novelty

and nature of the consignments have been the source of much trouble and

anxiety, and, though we wished to have had it in our power to do more,

we may truly say we have exceeded our expectations."

That every part of this transaction, from the monopoly with which it

commenced, to the contraband dealing with which it concluded, criminates

the said Warren Hastings with wilful disobedience of orders and a

continued breach of trust; that every step taken in it was attended with

heavy loss to the Company, and with a sacrifice of their interest to

that of individuals; and that, if finally a profit had resulted to the

Company from such a transaction, no profit attending it could compensate

for the probable risk to which their trade in China was thereby exposed,

or for the certain dishonor and consequent distrust which the East India

Company must incur in the eyes of the Chinese government by being

engaged in a low, clandestine traffic, prohibited by the laws of the

country.

XIII.--APPOINTMENT OF R.J. SULIVAN.

That in the month of February, 1781, Mr. Richard Joseph Sulivan,

Secretary to the Select Committee at Fort St. George, applied to them

for leave to proceed to Calcutta _on his private affairs_. That, being

the confidential secretary to the Select Committee at Fort St. George,

and consequently possessed of all the views and secrets of the Company,

as far as they related to that government, he went privately into the

service of the Nabob of Arcot, and, under the pretence of proceeding to

Calcutta on his private business, undertook a commission from the said

Nabob to the Governor-General and Council, to negotiate with them in

favor of certain projects of the said Nabob which had been reprobated by

the Company.

That the said Sulivan was soon after appointed back again by the said

Warren Hastings to the office of Resident at the Durbar of the said

Nabob of Arcot. That it was a high crime and misdemeanor in the said

Hastings to encourage so dangerous an example in the Company's service,

and to interfere unnecessarily with the government of Madras in the

discharge of the duties peculiarly ascribed to them by the practice and

orders of the Company, for the purpose of appointing to a great and

confidential situation a man who had so recently committed a breach of

trust to his employers.

That the Court of Directors, in their letter to Bengal, dated the 12th

of July, 1782, and received there on the 18th of February, 1783, did

_condemn and revoke_ the said appointment. That the said Directors, in

theirs to Fort St. George, dated the 28th of August, 1782, and received

there the 31st of January, 1783, did highly condemn the conduct of the

said Sulivan, and, in order to deter their servants from practices of

the same kind, _did dismiss him from their service_.

That the said Hastings, knowing that the said Sulivan's appointment had

been condemned and revoked by the Court of Directors, and pretending

that on the 15th of March, 1783, he did not know that the said Sulivan

was _dismissed_ from the Company's service, though that fact was known

at Madras on the 31st of the preceding January, did recommend the said

Sulivan to be ambassador at the court of Nizam Ali Khân, Subahdar of the

Deccan, in defiance of the authority and orders of the Court of

Directors.

That, even admitting, what is highly improbable, that the _dismission_

of the said Sulivan from the service of the said Company was not known

at Calcutta in forty-three days from Madras, the last-mentioned

nomination of the said Sulivan was made at least in contempt of the

censure already expressed by the Court of Directors at his former

appointment to the Durbar of the Nabob of Arcot, and which was certainly

known to the said Hastings.

XIV.--RANNA OF GOHUD.

That on the 2d of December, 1779, the Governor-General and Council of

Fort William, at the special recommendation and instance of Warren

Hastings, Esquire, then Governor-General, and contrary to the declared

opinion and protest of three of the members of the Council, viz., Philip

Francis and Edward Wheler, Esquires, who were present, and of Sir Eyre

Coote, who was absent, (by whose absence the casting voice of the said

Warren Hastings, Esquire, prevailed,) did conclude a treaty of perpetual

friendship and alliance, offensive and defensive, with a Hindoo prince,

called the Ranna of Gohud, for the express purpose of using the forces

of the said Ranna in opposition to the Mahrattas.

That, among other articles, it was stipulated with the said Ranna by the

said Warren Hastings, "that, whenever peace should be concluded between

the Company and the Mahratta state, the Maha Rajah should be included as

a party in the treaty which should be made for that purpose, and his

present possessions, together with the fort of Gualior, which of old

belonged to the family of the Maha Rajah, if it should be then in his

possession, and such countries as he should have acquired in the course

of war, and which it should then be stipulated to leave in his hands,

should be guarantied to him by such treaty."

That, in the late war against the Mahrattas, the said Ranna of Gohud did

actually join the British army under the command of Colonel Muir with

two battalions of infantry and twelve hundred cavalry, and did then

serve in person against the Mahrattas, thereby affording material

assistance, and rendering essential service to the Company.

That, in conformity to the above-mentioned treaty, in the fourth article

of the treaty of peace concluded on the 13th of October, 1781, between

Colonel Muir, on the part of the English Company, and Mahdajee Sindia,

the Mahratta general, the said Ranna of Gohud was expressly included.

That, notwithstanding the said express provision and agreement, Mahdajee

Sindia proceeded to attack the forts and lay waste the territories of

the said Ranna, and did undertake and prosecute a war against him for

the space of two years, in the course of which the Ranna and his family

were reduced to extreme distress, and in the end he was deprived of his

forts, and the whole not only of his acquired possessions, but of his

original dominions, so specially guarantied to him by the British

government in both the above-mentioned treaties.

That the said Warren Hastings was duly and regularly informed of the

progress of the war against the Ranna, and of every event thereof;

notwithstanding which, he not only neglected in any manner to interfere

therein in favor of the said Ranna, or to use any endeavors to prevent

the infraction of the treaty, but gave considerable countenance and

encouragement to Mahdajee Sindia in his violation of it, both by the

residence of the British minister in the Mahratta camp, and by the

approbation shown by the said Warren Hastings to the promises made by

his agent of observing the strictest neutrality, notwithstanding he was

in justice bound, and stood pledged by the most solemn and sacred

engagements, to protect and preserve the said Ranna from those enemies,

whose resentment he had provoked only by his adherence to the interests

of the British nation.

That, in the only attempt made to sound the disposition of Mahdajee

Sindia relative to a pacification between him and the Ranna of Gohud, on

the 14th of May, 1783, Mr. Anderson, in obedience to the orders he had

received, did clearly and explicitly declare to Bhow Bucksey, the

minister of Mahdajee Sindia, the sentiments of the said Warren Hastings

in the words following: "That it was so far from your [the said

Hastings's] meaning to intercede in his [the said Ranna's] favor, that I

only desired him to sound Sindia's sentiments, and, in case he was

desirous of peace, to mention what I had said; but if he seemed to

prefer carrying on the war, I begged that he would not mention a

syllable of what had passed, but let the matter drop entirely."

That it afterwards appeared, in a minute of the said Hastings in Council

at Fort William, on the 22d of September, 1783, that he promised, at the

instance of a member of the Council, to write to Lieutenant James

Anderson in favor of the Ranna of Gohud, and lay his letter before the

board.

That, nevertheless, the said Hastings, professing _not to recollect_ his

said promise, _did neglect to write a formal letter to Lieutenant

Anderson in favor of the said Ranna of Gohud_, and that the private

letter, the extract of which the said Hastings did lay before the board

on the 21st of October, 1783, so far from directing any effectual

interference in favor of the said Ranna, or commanding his agent, the

said James Anderson, to interpose the mediation of the British

government to procure "_honorable terms_" for the said Ranna, or even

"_safety to his person and family_," contains the bitterest invectives

against him, and is expressive of the satisfaction which the said

Hastings acknowledges himself to have enjoyed in the distresses of the

said Ranna, the ally of the Company.

That the measures therein recommended appear rather to have been

designed to satisfy Mahdajee Sindia, and to justify the conduct of the

British government in not having taken a more active and a more hostile

part against the said Ranna, than an intercession on his behalf.

That, though no consideration of good faith or observance of treaties

could induce the said Hastings to incur the hazard of any hostile

exertion of the British force for the defence or the relief of the

allies of the Company, yet in the said private letter he directed,

that, in case his mediation should be accepted, it should be made _a

specific condition_, that, _if the said Ranna should take advantage of

Sindia's absence to renew his hostilities, we ought, in that case, on

requisition, to invade the dominions of the Ranna_.

That no beneficial effects could have been procured to the said Ranna by

an offer of mediation delayed till Sindia no longer wanted "_our

assistance to crush so fallen an enemy_," at the same time that no

reason was given to Sindia to apprehend the danger of drawing upon

himself the resentment of the British government by a disregard of their

proposal and the destruction of their ally.

That it was a gross and scandalous mockery in the said Hastings to defer

an application to obtain honorable terms for the Ranna, and safety for

his person and family, till he had been deprived of his principal fort,

in defence of which his uncle lost his life, and on the capture of

which, his wife, to avoid the dishonor consequent upon falling into the

hands of her enemies, _had destroyed herself by an explosion of

gunpowder_.

That, however, it does not appear that any offer of mediation was ever

actually made, or any influence exerted, either for the safety of the

Ranna's person and family or in mitigation of the _rigorous intentions_

supposed by Lieutenant Anderson[4] to have been entertained against him

by Mahdajee Sindia after his surrender.

That the said Hastings, in the instructions[5] given by him to Mr. David

Anderson for his conduct in negotiating the treaty of peace with the

Mahrattas, expressed his determination to desert the Ranna of Gohud in

the following words. "You will of course be attentive to any engagements

subsisting between us and other powers, in settling the terms of peace

and alliance with the Mahrattas. I except from this the Ranna of

Gohud.... Leave him to settle his own affairs with the Mahrattas."

That the said Anderson appears very assiduously to have sought for

grounds to justify the execution of this part of his instructions, to

which, however, he was at all events obliged to conform.

That, even after his application for that purpose to the Mahrattas,

whose testimony was much to be suspected, because it was their interest

to accuse and their determined object to destroy the said Ranna, no

satisfactory proof was obtained of his defection from the engagements he

had entered into with the Company.

That, moreover, if all the charges which have been pretended against the

Ranna, and have been alleged by the said Hastings in justification of

his conduct, had been well founded and proved to be true, the

subject-matter of those accusations and the proofs by which they wore to

be supported were known to Colonel Muir before the conclusion of the

treaty he entered into with Mahdajee Sindia; and therefore, whatever

suspicions may have been entertained or whatever degree of criminality

may have been proved against the said Ranna previous to the said treaty,

from the time he was so provided for and included in the said treaty he

was fully and justly entitled to the security stipulated for him by the

Company, and had a right to demand and receive the protection of the

British government.

That these considerations were urged by Mr. Anderson to the said Warren

Hastings, in his letter of the 24th of June, 1781, and were enforced by

this additional argument,--"that, in point of policy, I believe, it

ought not to be our wish that the Mahrattas should ever recover the

fortress of Gualior. It forms an important barrier to our own

possessions. In the hands of the Ranna it can be of no prejudice to us;

and notwithstanding the present prospect of a permanent peace betwixt us

and the Mahrattas, it seems highly expedient that there should always

remain some strong barrier to separate us, on this side of India, from

that warlike and powerful nation."

That the said Warren Hastings was highly culpable in abandoning the said

Ranna to the fury of his enemies, thereby forfeiting the honor and

injuring the credit of the British nation in India, notwithstanding the

said Hastings was fully convinced, and had professed, "that the most

sacred observance of treaties, justice, and good faith were necessary to

the existence of the national interests in that country," and though the

said Hastings has complained of the insufficiency of the laws of this

kingdom to enforce this doctrine "by the punishment of persons in the

possession of power, who may be impelled by the provocation of ambition,

avarice, or vengeance, stronger than the restrictions of integrity and

honor, to the violation of this just and wise maxim."

That the said Hastings, in thus departing from these his own principles,

with a full and just sense of the guilt he would thereby incur, and in

sacrificing the allies of this country "_to the provocations of

ambition, avarice, or vengeance_," in violation of the national faith

and justice, did commit a gross and wilful breach of his duty, and was

thereby guilty of an high crime and misdemeanor.

XV.--REVENUES.

PART I.

That the property of the lands of Bengal is, according to the laws and

customs of that country, an inheritable property, and that it is, with

few exceptions; vested in certain natives, called _zemindars_, or

landholders, under whom other natives, called _talookdars_ and _ryots_,

hold certain subordinate rights of property or occupancy in the said

lands. That the said natives are Hindoos, and that their _rights and

privileges are grounded upon the possession of regular grants, a long

series of family succession, and fair purchase_. That it appears that

Bengal has been under the dominion of the Mogul, and subject to a

Mahomedan government, for above two hundred years. That, while the Mogul

government was in its vigor, the property of zemindars was _held

sacred_, and that, either by voluntary grant from the said Mogul or by

composition with him, the native Hindoos were left in the free, quiet,

and undisturbed possession of their lands, on the single condition of

paying a fixed, certain, and unalterable revenue, or quit-rent, to the

Mogul government. That this revenue, or quit-rent, was called the

_aussil jumma_, or _original ground-rent_, of the provinces, and was not

increased from the time when it was first settled in 1573 to 1740, when

the regular and effective Mogul government ended. That, from that time

to 1765, invasions, usurpations, and various revolutions took place in

the government of Bengal, in consequence of which the country was

considerably reduced and impoverished, when the East India Company

received from the present Mogul emperor, Shah Allum, a grant of the

_dewanny_, or collection of the revenues. That about the year 1770 the

provinces of Bengal and Bahar were visited with a dreadful famine and

mortality, by which at least one third of the inhabitants perished. That

Warren Hastings, Esquire, has declared, "that he had always heard the

loss of inhabitants reckoned at a third, and in many places near one

half of the whole, and that he knew not by what means such a loss could

be recruited in four or five years, and believed it impossible." That,

nevertheless, the revenue was _violently kept up to its former

standard_,--that is, in the two years immediately preceding the

appointment of the said Warren Hastings to the government of Fort

William,--in consequence of which _the remaining two thirds of the

inhabitants were obliged to pay for the lands now left without

cultivation_; and that from the year 1770 to the year 1775 _the country

had languished, and the evil continued enhancing every day_. That the

said Warren Hastings, in a letter to the Secret Committee of the Court

of Directors, dated 1st September, 1772, declared, "that the lands had

suffered unheard-of depopulation by the famine and mortality of 1769;

that the collections, _violently kept up to their former standard_, had

added to the distress of the country, and threatened a general decay of

the revenue, unless immediate remedies were applied to prevent it." That

the said Warren Hastings has declared, "that, by intrusting the

collections to the hereditary zemindars, the people would be treated

with _more tenderness_, the rents more improved, and cultivation more

likely to be encouraged; that _they_ have a perpetual interest in the

country; that _their_ inheritance cannot be removed; that _they_ are the

proprietors; that the lands are _their_ estates, and _their_

inheritance; that, from a long continuance of the lands in their

families, it is to be concluded they have riveted an authority in the

district, acquired an ascendency over the minds of the ryots, and

_ingratiated their affections_; that, from continuing the lands under

the management of those who have a natural and perpetual interest in

their prosperity, solid advantages might be expected to accrue; that the

zemindar would be less liable to failure or deficiencies than the

farmer, from the perpetual interest which the former hath in the

country, and because his inheritance cannot be removed, and it would be

improbable that he should risk the loss of it by eloping from his

district, which is too frequently practised by a farmer when he is

hard-pressed for the payment of his balances, and as frequently

predetermined when he receives his farm." That, notwithstanding all the

preceding declarations made by the said Warren Hastings of the loss of

one third of the inhabitants and general decline of the country, he did,

immediately after his appointment to the government, in the year 1772,

make an arbitrary settlement of the revenues for five years at a higher

rate than had ever been received before, and with a progressive and

accumulating increase on each of the four last years of the said

settlement.

That, notwithstanding the right of property and inheritance, repeatedly

acknowledged by the said Warren Hastings to be in the zemindars and

other native landholders, and notwithstanding he had declared "that the

security of private property is the greatest encouragement to industry,

on which the wealth of every state depends," the said Warren Hastings,

nevertheless, in direct violation of those acknowledged rights and

principles, did universally let the lands of Bengal _in farm_ for five

years,--thereby destroying all the rights of private property of the

zemindars,--thereby delivering the management of their estates to

farmers, and transferring by a most arbitrary and unjust act of power

the whole landed property of Bengal from the owners to strangers. That,

to accomplish this iniquitous purpose, he, the said Warren Hastings, did

put the lands of Bengal up to a pretended public auction, _and invited

all persons to make proposals for farming the same_, thereby encouraging

strangers to bid against the proprietors,--in consequence of which, not

only the said proprietors were ousted of the possession and management

of their estates, but a great part of the lands fell into the hands of

the banians, or principal black servants of British subjects connected

with and protected by the government; and that the said Warren Hastings

himself has since declared, that _by this way the lands too generally

fell into the hands of desperate or knavish adventurers_.[6] That,

before the measure hereinbefore described was carried into execution,

the said Warren Hastings did establish certain fundamental regulations

in Council, to be observed in executing the same.[7] That among these

regulations it was specially and strictly ordered, that no farm should

exceed the annual amount of _one_ lac of rupees, and "that no peshcar,

banian, or other servant, of whatever denomination, of the collector, or

relation or dependant of any such servant, should be allowed to farm

lands, nor directly or indirectly to hold a concern in any farm, nor to

be security for any farmer." That, in direct violation of these his own

regulations, and in breach of the public trust reposed in him, and

sufficiently declared by the manifest duty of his station, if it had not

been expressed and enforced by any positive institution, he, the said

Warren Hastings, did permit and suffer his own banian or principal black

steward, named Cantoo Baboo, to hold farms in different purgunnahs, or

districts, or to be security for farms, to the amount of thirteen lac of

rupees (130,000_l._ or upwards) per annum; and that, after enjoying the

whole of those farms for two years, he was permitted by the said Warren

Hastings to relinquish two of them. That on the subject of the farms

held by Cantoo Baboo the said Warren Hastings has made the following

declaration. "Many of his farms were taken without my knowledge, and

almost all against my advice. I had no right to use compulsion or

authority; nor could I with justice exclude him, because he was my

servant, from a liberty allowed to all other persons in the country. The

farms which he quitted he quitted by my advice, because I thought that

he might engage himself beyond his abilities, and be involved in

disputes, which I did not choose to have come before me as judge of

them."[8] That the said declaration contains sundry false and

contradictory assertions: that, if _almost all_ the said farms were

taken against his advice, it cannot be true that _many_ of them were

taken without his knowledge; that, whether Cantoo Baboo had been his

servant or not, the said Warren Hastings was bound by his own

regulations to prevent his holding any farms to a greater amount than

one lac of rupees per annum, and that the said Cantoo Baboo, being the

servant of the Governor-General, was excluded by the said regulations

from holding any farms whatever; that, if (as the Directors observe) it

was thought dangerous to permit the banian of a collector to be

concerned in farms, the same or stronger objections would always lie

against the Governor's banian being so concerned; that the said Warren

Hastings had a right, and was bound by his duty, to prevent his servant

from holding the same; that, in advising the said Cantoo Baboo to

relinquish some of the said farms, for which he was actually engaged, he

has acknowledged an influence over his servant, and has used that

influence for a purpose inconsistent with his duty to the India Company,

namely, to deprive them of the security of the said Cantoo Baboo's

engagement for farms which on trial he had found not beneficial, or not

likely to continue beneficial, to himself; and that, if it was improper

that he, the said Warren Hastings, should be the judge of any disputes

in which his servant might be involved on account of his farms, that

reason ought to have obliged him to prevent his servant from being

engaged in any farms whatever, or to have advised his said servant to

relinquish the remainder of his farms, as well as those which the said

Warren Hastings affirms he quitted by his advice. That on the subject of

the said charge the Court of Directors of the East India Company have

come to the following resolution: "_Resolved_, That it appears that the

conduct of the late President and Council of Fort William in Bengal, in

suffering Cantoo Baboo, the present Governor-General's banian, to hold

farms in different purgunnahs to a large amount, or to be security for

such farms, contrary to the tenor and spirit of the 17th regulation of

the Committee of Revenue at Fort William, of the 14th May, 1772, and

afterwards relinquishing that security without satisfaction made to the

Company, was highly improper, and has been attended with considerable

loss to the Company"; and that in the whole of this transaction the said

Warren Hastings has been guilty of gross collusion with his servant, and

manifest breach of trust to his employers.

That, whereas it was acknowledged by the said Warren Hastings, that the

country, in the years 1770 and 1771, had suffered great depopulation and

decay, and that the collections of those years, having been violently

kept up to their former standard, had added to the distress of the

country, the settlement of the revenues made by him for five years,

commencing the 1st May, 1772, instead of offering any abatement or

relief to the inhabitants who had survived the famine, held out to the

East India Company a promise of great _increase_ of revenue, to be

exacted from the country by the means hereinbefore described. That this

settlement was not realized, but fell considerably short, even in the

first of the five years, when the demand was the lightest; and that on

the whole of the five years the real collections fell short of the

settlement to the enormous amount of two millions and a half sterling,

and upwards. That such a settlement, if it had been or could have been

rigorously exacted from a country already so distressed, and from a

population so impaired, that, in the belief of the said Warren Hastings,

it was impossible such loss could be recruited in four or five years,

would have been in fact, what it appeared to be in form, an act of the

most cruel and tyrannical oppression; but that the real use made of that

unjust demand upon the natives of Bengal was, to oblige them to

compound privately with the persons who formed the settlement, and who

threatened to enforce it. That the enormous balances and remissions on

that settlement arose from a general collusion between the farmers and

collectors, and from a general peculation and embezzlement of the

revenues, by which the East India Company was grossly imposed on, in the

first instance, by a promised _increase_ of revenue, and defrauded, in

the second, not only by the failure of that _increase_, but by the

revenues falling short of what they were in the two years preceding the

said settlement to a great amount. That the said Warren Hastings, being

then at the head of the government of Bengal, was a party to all the

said imposition, fraud, peculation, and embezzlement, and is principally

and specially answerable for the same; and that, whereas sundry proofs

of the said peculation and embezzlement were brought before the Court of

Directors, the said Directors (in a letter dated the 4th of March, 1778,

and signed by William Devaynes and Nathaniel Smith, Esquires, now

Chairman and Deputy-Chairman of the said Court, and members of this

House) did declare, that, "although it was rather their wish to prevent

future evils than to enter into a severe retrospection of past abuses,

yet, as in some of the cases then before them they conceived there had

been _flagrant corruption_, and in others great oppressions committed on

the native inhabitants, they thought it unjust to suffer the delinquents

to pass wholly unpunished, and therefore they directed the

Governor-General and Council forthwith to commence a prosecution against

the persons who composed the Committee of Circuit, and their

representatives, and against all other proper parties"; but that the

prosecutions so ordered by the Court of Directors in the year 1778 have

never been brought to trial; and that the said Warren Hastings did, on

the 23d of December, 1783, propose and carry it in Council, _that orders

should be given for withdrawing_ the said prosecutions,--declaring, that

he was clearly of opinion that there was no ground to maintain them, and

_that they would only be productive of expense to the Company and

unmerited vexation to the parties_.

REVENUES.

PART II.

That the said Warren Hastings has on sundry occasions declared his

deliberate opinion generally against all innovations, and particularly

in the collection and management of the revenues of Bengal: that "he was

well aware of the expense and inconvenience _which ever attends

innovations of all kinds_, on, their first institution;[9]--that

innovations are _always_ attended with difficulties and inconveniences,

and innovations in the revenue with a suspension of the

collections;[10]--that the continual variations in the mode of

collecting the revenue, and the continual usurpation on the rights of

the people, have fixed in the minds of the ryots a rooted distrust of

the ordinances of government."[11] That the Court of Directors have

repeatedly declared their apprehensions "that a sudden transition from

one mode to another, in the investigation and collection of their

revenue, might have alarmed the inhabitants, lessened their confidence

in the Company's proceedings, and been attended with other evils."[12]

That the said Warren Hastings, immediately after his appointment to the

government of Fort William, in April, 1772, did abolish the office of

_Naib Dewan_, or native collector of the revenues, then existing; that

he did at the same time appoint a committee of the board to go on a

circuit through the provinces, and to form a settlement of the revenues

for five years; that he did then appoint sundry of the Company's

servants to have the management of the collections, viz., one in each

district, under the title of _Collector_; that he did then abolish the

General Board of Revenue or Council at Moorshedabad, for the following

reasons: "That, while the controlling and executive part of the revenue

and the correspondence with the collectors was carried on by a council

at Moorshedabad, the members of the administration at Calcutta had no

opportunity of acquiring that thorough and comprehensive knowledge which

could only result from _practical experience_; that the orders of the

Court of Directors, which established a new system, which enjoined many

new regulations and inquiries, could not properly be delegated to a

subordinate council, and it became absolutely necessary that the

business of the revenue should be conducted _under the immediate

observation and direction of the board_."[13]--That in November, 1773,

the said Warren Hastings abolished the office of Collector, and

transferred the collection and management of the revenues to several

councils of revenue, commonly called _Provincial Councils_. That on the

24th of October, 1774, the said Warren Hastings _earnestly offered his

advice_ (to the Governor-General and Council, then newly appointed by

act of Parliament) _for the continuation of the said system of

Provincial Councils in all its parts_. That the said Warren Hastings

did, on the 22d of April, 1775, transmit to the Directors a formal plan

for the future settlement of the revenues, and did therein declare,

that, "with respect to the mode of managing the collection of the

revenue and the administration of justice, none occurred to him so good

as the system which was already established of Provincial Councils."

That on the 18th of January, 1776, the said Warren Hastings did transmit

to the Court of Directors a plan for the better administration of

justice, that in this plan the establishment of the said Provincial

Councils was specially provided for and confirmed, and that Warren

Hastings did recommend it to the Directors _to obtain the sanction of

Parliament for a confirmation of the said plan_. That on the 30th of

April, 1776, the said Warren Hastings did transmit to the Court of

Directors the draft or scheme of an act of Parliament for the better

administration of justice in the provinces, in which the said

establishment of Provincial Councils is again specially included, and

special jurisdiction assigned to the said Councils. That the Court of

Directors, in a letter dated 5th of February, 1777, did give the

following instruction to the Governor-General and Council, a majority of

whom, viz., Sir John Clavering, Colonel Monson, and Mr. Francis, had

disapproved of the plan of Provincial Councils: "If you are fully

convinced that the establishment of Provincial Councils has not answered

nor is not capable of answering the purposes intended by such

institutions, we hereby direct you to form a new plan for the collection

of the revenues, and to transmit the same to _us for our

consideration_."--That the said Warren Hastings, in contradiction to his

own sentiments repeatedly declared, and to his own advice repeatedly

and deliberately given, and in defiance of the orders of the Directors,

to whom he transmitted no previous communication whatever of his

intention to abolish the said Provincial Councils, did, in the beginning

of the year 1781, again change the whole system of the collections of

the public revenue of Bengal, as also the administration of civil and

criminal justice throughout the provinces. That the said Warren

Hastings, in a letter dated 5th of May, 1781, advising the Court of

Directors of the said changes, has falsely affirmed, "that the plan of

superintending and collecting the public revenue of the provinces

through the agency of Provincial Councils had been instituted for the

temporary and declared purpose of introducing another more permanent

mode _by an easy and gradual change_"; that, on the contrary, the said

Warren Hastings, from the year 1773 to the year 1781, has constantly and

uniformly insisted on the wisdom of that institution, and on the

necessity of never departing from it; that he has in that time

repeatedly advised that the said institution should be confirmed _in

perpetuity_ by an act of Parliament; that the said total dissolution of

the Provincial Councils was not introduced by any easy and gradual

change, nor by any gradations whatever, but was sudden and unprepared,

and instantly accomplished by a single act of power; and that the said

Warren Hastings, in the place of the said Councils, has substituted a

Committee of Revenue, consisting of four covenanted servants, on

principles opposite to those which he had himself professed, and with

exclusive powers, tending to deprive the members of the Supreme Council

of a due knowledge of and inspection into the management of the

territorial revenues, specially and unalienably vested by the

legislature in the Governor-General and Council, and to vest the same

solely and entirely in the said Warren Hastings. That the reasons

assigned by the said Warren Hastings for constituting the said Committee

of Revenue are incompatible with those which he professed when he

abolished the subordinate Council of Revenue at Moorshedabad: that he

has invested the said Committee _in the fullest manner with all the

powers and authority of the Governor-General and Council_; that he has

thereby contracted the whole power and office of the Provincial Councils

into a small compass, and vested the same in four persons appointed by

himself; that he has thereby taken the general transaction and

cognizance of revenue business out of the Supreme Council; that the said

Committee are empowered to conduct the current business of the revenue

department without reference to the Supreme Council, and only _report to

the board such extraordinary occurrences, claims, and proposals as may

require the special orders of the board_; that even the instruction to

report to the board in extraordinary cases is nugatory and fallacious,

being accompanied with limitations which make it impossible for the said

board to decide on any questions whatsoever: since it is expressly

provided by the said Warren Hastings, _that, if the members of the

Committee differ in opinion, it is not expected that every dissentient

opinion should be recorded_; consequently the Supreme Council, on any

reference to their board, can see nothing but the resolutions or reasons

of the majority of the Committee, without the arguments on which the

dissentient opinions might be founded: and since it is also expressly

provided by the said Warren Hastings, that _the determination of the

majority of the Committee should not therefore be stayed, unless it

should be so agreed by the majority_,--that is, that, notwithstanding

the reference to the Supreme Council, the measure shall be executed

without waiting for their decision.

That the said Warren Hastings has delivered his opinion, with many

arguments to support the same, in favor of long leases of the lands, in

preference to _annual_ settlements: that he has particularly declared,

"that the farmer who holds his farm for one year only, having no

interest in the next, takes what he can with the hand of rigor, which,

even in the execution of legal claims, is often equivalent to violence;

he is under the necessity of being rigid, and _even cruel_,--for what is

left in arrear after the expiration of his power is at best a doubtful

debt, if ever recoverable; he will be tempted to exceed the bounds of

right, and to augment his income by irregular exactions, and by racking

the tenants, for which pretences will not be wanting, where the farms

pass _annually_ from one hand to another; that the discouragements which

the tenants feel from being transferred every year to new landlords are

a great objection to such short leases; that they contribute to injure

the cultivation and dispeople the lands; that, on the contrary, from

long farms the farmer acquires a permanent interest in his lands; he

will, for his own sake, lay out money in assisting his tenants in

improving lands already cultivated, and in clearing and cultivating

waste lands."[14] That, nevertheless, the said Warren Hastings, having

left it to the discretion of the Committee of Revenue, appointed by him

in 1781, to fix the time for which the ensuing settlement should be

made, and the said Committee having declared, that, _with respect to the

period of the lease, in general, it appeared to the Committee that to

limit them to one year would be the best period_, he, the said Warren

Hastings, approved of that limitation, in manifest contradiction to all

his own arguments, professions, and declarations concerning the fatal

consequences of _annual_ leases of the lands; that in so doing the said

Warren Hastings did not hold himself bound or restrained by the orders

of the Court of Directors, but acted upon his own discretion; and that

he has, for partial and interested purposes, exercised that discretion

in particular instances against his own general settlement for one year,

by granting perpetual leases of farms and zemindaries to persons

specially favored by him, and particularly by granting a perpetual lease

of the zemindary of Baharbund to his servant Cantoo Baboo on very low

terms.

That in all the preceding transactions the said Warren Hastings did act

contrary to his duty as Governor of Fort William, contrary to the orders

of his employers, and contrary to his own declared sense of expediency,

consistency, and justice, and thereby did harass and afflict the

inhabitants of the provinces with perpetual changes in the system and

execution of the government placed over them, and with continued

innovations and exactions, against the rights of the said

inhabitants,--thereby destroying all security to private property, and

all confidence in the good faith, principles, and justice of the British

government. And that the said Warren Hastings, having substituted his

own instruments to be the managers and collectors of the public revenue,

in the manner hereinbefore mentioned, did act in manifest breach and

defiance of an act of the 13th of his present Majesty, by which _the

ordering and management and government of all the territorial revenues

in the kingdoms of Bengal, Bahar, and Orissa_ were vested in the

Governor-General and Council, without any power of delegating the said

trust and duty to any other persons; and that, by such unlawful

delegation of the powers of the Council to a subordinate board appointed

by himself, he, the said Warren Hastings, did in effect unite and vest

in his own person the ordering, government, and management of all the

said territorial revenues; and that for the said illegal act he, the

said Warren Hastings, is solely answerable, the same having been

proposed and resolved in Council when the Governor-General and Council

consisted but of two persons present,--namely, the said Warren Hastings,

and the late Edward Wheler, Esquire, and when consequently the

Governor-General, by virtue of the casting voice, possessed the whole

power of the government. That, in all the changes and innovations

hereinbefore described, the pretence used by the said Warren Hastings to

recommend and justify the same to the Court of Directors has been, that

such changes and innovations would be attended with increase of revenue

or diminution of expense to the East India Company; that such pretence,

if true, would not have been a justification of such acts; but that such

pretence is false and groundless: that during the administration of the

said Warren Hastings the territorial revenues have declined; that the

charges of collecting the same have greatly increased; and that the said

Warren Hastings, by his neglect, mismanagement, and by a direct and

intended waste of the Company's property, is chargeable with and

answerable for all the said decline of revenue, and all the said

increase of expense.

XVI.--MISDEMEANORS IN OUDE.

I. That the province of Oude and its dependencies were, before their

connection with and subordination to the Company, in a flourishing

condition with regard to culture, commerce, and population, and their

rulers and principal nobility maintained themselves in a state of

affluence and splendor; but very shortly after the period aforesaid, the

prosperity both of the country and its chiefs began sensibly and rapidly

to decline, insomuch that the revenue of the said province, which, on

the lowest estimation, had been found, in the commencement of the

British influence, at upwards of three millions sterling annually, (and

that ample revenue raised without detriment to the country,) did not in

the year 1779 exceed the sum of 1,500,000_l._, and in the subsequent

years did fall much short of that sum, although the rents were generally

advanced, and the country grievously oppressed in order to raise it.

II. That in the aforesaid year, 1779, the demands of the East India

Company on the Nabob of Oude are stated by Mr. Purling, their Resident

at the court of Oude, to amount to the sum of 1,360,000_l._ sterling and

upwards, leaving (upon the supposition that the whole revenue should

amount to the sum of 1,500,000_l._ sterling, to which it did not amount)

no more than 140,000_l._ sterling for the support of the dignity of the

household and family of the Nabob, and for the maintenance of his

government, as well as for the payment of the public debts due within

the province.

III. That by the treaty of Fyzabad a regular brigade of the Company's

troops, to be stationed in the dominions of the Nabob of Oude, was kept

up at the expense of the said Nabob; in addition to which a temporary

brigade of the same troops was added to his establishment, together with

several detached corps in the Company's service, and a great part of his

own native Troops were put under the command of British officers.

IV. That the expense of the Company's temporary brigade increased in the

same year (the year of 1779) upwards of 80,000_l._ sterling above the

estimate, and the expense of the country troops under British officers

in the same period increased upwards of 40,000_l._ sterling; and in

addition to the aforesaid ruinous expenses, a large civil establishment

was gradually, secretly, and without any authority from the Court of

Directors, or record in the books of the Council-General concerning the

same, formed for the Resident, and another under Mr. Wombwell, an agent

for the Company; as also several pensions and allowances, in the same

secret and clandestine manner, were charged on the revenues of the said

Nabob for the benefit of British subjects, besides large occasional

gifts to persons in the Company's service.

V. That in the month of November, 1779, the said Nabob did represent to

Mr. Purling, the Company's Resident aforesaid, the distressed state of

his revenues in the following terms. "During three years past, the

expense occasioned by the troops in brigade, and others commanded by

European officers, has much distressed the support of my household,

insomuch that the allowances made to the seraglio and children of the

deceased Nabob have been reduced to _one fourth_ of what it had been,

upon which they have subsisted in a very distressed manner for two years

past. The attendants, writers, and servants, &c., of my court, have

received no pay for two years past; and there is at present no part of

the country that can be allotted to the payment of my father's private

creditors, whose applications are daily pressing upon me. All these

difficulties I have for these three years past struggled through, and

found this consolation therein, that it was complying with the pleasure

of the Honorable Company, and in the hope that the Supreme Council would

make inquiry from impartial persons into my distressed situation; but I

am now forced to a representation. From the _great increase of expense_,

the revenues were necessarily farmed out _at a high rate;_ and

deficiencies followed yearly. The country and cultivation is abandoned;

and this year in particular, from the excessive drought, deductions of

many lacs" (stated by the Resident, in his letter to the board of the

13th of the month following, to amount to twenty-five lac, or

250,000_l._ sterling) "have been allowed the farmers, who were still

left unsatisfied. I have received but just sufficient to support my

absolute necessities, the revenues being deficient to the amount of

fifteen lac [150,000_l._ sterling], and for this reason many of the old

chieftains with their troops, and the useful attendants of the court,

were forced to leave it, and there is now only a few foot and horse for

the collection of my revenues; and should the zemindars be refractory,

there is not left a sufficient number to reduce them to obedience." And

the said Nabob did therefore pray that the assignments for the new

brigade, the corps of horse, and the other detached bodies of the

Company's troops might not be required from him: alleging, "that the

former was not only quite useless to his government, but, moreover, the

cause of much loss, both in the revenues and customs; and that the

detached bodies of troops under their European officers brought nothing

but confusion into the affairs of his government, and were entirely

their own masters."

VI. That it appears that the said Nabob was not bound by any treaty to

the maintenance, without his consent, _even of the old brigade_,--the

Court of Directors having, in their letter of the 15th December, 1775,

approved of keeping the same in his service, "_provided it was done with

the free consent of the Subah, and by no means without it_." And the

_new brigade_ and temporary corps were raised on the express condition,

that the expense thereof should be charged on the Nabob only "_for so

long a time as he should require the corps for his service_." And the

Court of Directors express to the Governor-General and Council their

sense of the said agreement in the following terms: "But if you intend

to exert your influence first to induce the Vizier to acquiesce in your

proposal, and afterwards _to compel him to keep the troops in his pay

during your pleasure, your intents are unjust; and a correspondent

conduct would reflect great dishonor on the Company_."

VII. That, in answer to the decent and humble representation aforesaid

of the Nabob of Oude, the allegations of which, so far as they relate to

the distressed state of the Nabob's finances, and his total inability to

discharge the demands made on him, were confirmed by the testimony of

the English Resident at Oude, and which the said Hastings did not deny

in the whole or in any part thereof, he, the said Warren Hastings, did,

on pretence of certain political dangers, declare the relief desired to

be "without hesitation _totally_ inadmissible," and did falsely and

maliciously insinuate, "that the _tone_ in which the demands of the

Nabob were asserted, and the season in which they were made, did give

cause for _the most alarming suspicions_." And the said Warren Hastings

did, in a letter to the Nabob aforesaid, written in haughty and insolent

language, and without taking any notice of the distresses of the said

Nabob, alleged and verified as before recited, "require and insist upon

your [the Nabob's] granting _tuncaws_ [assignments] for the full amount

of their [the Company's] demands upon you for the current year, and on

your reserving funds sufficient to answer them, _even should the

deficiencies of your revenues compel you to leave your own troops

unprovided for, or to disband a part of them to enable you to effect

it_."

VIII. That, in a letter written at the same time to the Resident,

Purling, and intended for his directions in enforcing on the Nabob the

unjust demands aforesaid, the said Warren Hastings hath asserted, in

direct contradiction to the treaties subsisting between the said Nabob

and the Company, "that he [the Nabob] stands engaged to our government

to maintain the English armies which at his own request have been formed

for the protection of his dominions, and _that it is our part, and not

his, to judge and determine in what manner and at what time these shall

be reduced and withdrawn_." And in a Minute of Consultation, when the

aforesaid measure was proposed by the said Hastings to the Supreme

Council, he did affirm and maintain that the troops aforesaid "had now

no _separate_ or distinct existence from ours, and may be properly said

to consist of our _whole_ military establishment, with the exception

only of our European infantry; and that they could not be withdrawn

without imposing on the Company _the additional burden of them_, or

disbanding nine battalions of disciplined sepoys and three regiments of

horse."

IX. That in the Minute of Consultation aforesaid, he, the said Warren

Hastings, hath further, in justification of the violent and arbitrary

proceedings aforesaid, asserted, "that the arrangement of measures

between the British government and their allies, the native powers of

India, must, in case of disagreement about the necessity thereof, _be

decided by the strongest_"; and hath thereby advanced a dangerous and

most indecently expressed position, subversive of the rights of allies,

and tending to breed war and confusion, instead of cordiality and

coöperation amongst them, and to destroy all confidence of the princes

of India in the faith and justice of the English nation. And the said

Hastings, having further, in the minute aforesaid, presumed to threaten

to "bring to punishment, if my influence" (his, the said Hastings's,

influence) "can produce that effect, _those incendiaries_ who have

endeavored to make themselves the instruments of division between us,"

hath, as far as in him lay, obstructed the performance of one of the

most essential duties of a prince engaged in an unequal alliance with a

presiding state,--that of representing the grievances of his subjects to

that more powerful state by whose acts they suffer: leaving thereby the

governing power in total ignorance of the effects of its own measures,

and to the oppressed people no other choice than the alternative of an

unqualified submission, or a resistance productive of consequences more

fatal.

X. That, all relief being denied to the Nabob, in the manner and on the

grounds aforesaid, the demands of the Company on the said Nabob in the

year following, that is to say, in the year 1780, did amount to the

enormous sum of 1,400,000_l._ sterling, and the distress of the province

did rapidly increase.

XI. That the Nabob, on the 24th of February of the same year, did again

write to the Governor-General, the said Warren Hastings, a letter, in

which he expressed his constant friendship to the Company, and his

submission and obedience to their orders, and asserting that he had not

troubled them with any of his difficulties, trusting they would learn

them from other quarters, and that he should be relieved by their

friendship. "But," he says, "when _the knife had penetrated to the

bone_, and I was surrounded with such heavy distresses that I could no

longer live in expectations, I then wrote an account of my difficulties.

The answer I have received to it is such that it has given me

inexpressible grief and affliction. I never had the least idea or

expectation from you and the Council that you would have given your

orders in _so afflicting a manner, in which you never before wrote, and

I could never have imagined_. I have delivered up all my _private_

papers to him [the Resident], that, after examining my receipts and

expenses, he may take whatever remains. That, as I know it to be my

duty to satisfy you [the Company and Council], I have not failed to obey

in any instance; but requested of him that it might be done so as not to

distress me in my _necessary_ expenses. There being no other funds but

those for the expenses of my _mutseddies_ [clerks and accountants],

household expenses, and servants, &c., he demanded these in such a

manner, that, being remediless, I was obliged to comply with what he

required. He has accordingly stopped _the pensions of my old servants

for thirty years, whether sepoys [soldiers], mutseddies [secretaries and

accountants], or household servants, and the expenses of my family and

kitchen, together with the jaghires of my grandmother, mother, and

aunts, and of my brothers and dependants, which were for their

support_."

XII. That, in answer to the letter aforesaid, the Resident received from

the said Warren Hastings and Council an order to persevere in the demand

to its fullest extent,--that is to say, to the amount of 1,400,000_l._

sterling.

XIII. That on the 15th of May the Nabob replied, complaining in an

humble and suppliant manner of his distressed situation: that he had at

first opposed the assigning to the use of the Company the estates of his

mother, of his grandmother, of one of his uncles, and of the sons of

another, but that, in obedience to the injunctions of the gentlemen of

the Council, it had been done, to the amount, on the whole, of

80,000_l._ sterling a year, or thereabouts; that whatever effects were

in the country, with even his table, his animals, and the salaries of

his servants, were granted in assignments; that, besides these, if they

were resolved again to compel him to give up the estates of his parents

and relations, which were granted them for their maintenance, they were

at the Company's disposal; saying, "If the Council have directed you to

attach them, do it: in the country no further sources remain. I have no

means; for I have not a subsistence.--How long shall I dwell upon my

misfortunes?"

XIV. That the truth of the said remonstrances was not disputed, nor the

_tone_ in which they were written complained of, the same being

submissive, and even abject, though the cause (his distresses) was by

the said Hastings, in a great degree, and in terms the most offensive,

attributed to the Nabob himself; but no relief was given, and the same

unwarrantable establishments, maintained at the same ruinous expense,

were kept up.

XV. That the said Warren Hastings, having considered as incendiaries

those who advised the remonstrances aforesaid, and, to prevent the same

in future, having denounced vengeance on those concerned therein, did,

for the purpose of keeping in his own power all representations of the

state of the court and country aforesaid, and to subject both the one

and the other to his own arbitrary will, and to draw to himself and to

his creatures the management of the Nabob's revenues, in defiance of the

orders of the Court of Directors, a second time recall Mr. Bristow, the

Company's Resident, from the court of Oude,--having once before recalled

him, as the said Directors express themselves, "without the shadow of a

charge being exhibited against him," and having, on the occasion and

time now stated, produced no specific charge against the said Resident;

and he, the said Hastings, did appoint Nathaniel Middleton, Esquire, to

succeed him,--it being his declared principle, that he must have a

person of _his own_ confidence in that situation.

XVI. That the said Warren Hastings, after he had refused all relief to

the distresses of the Nabob in the manner aforesaid, and had described

those who advised the representation of the grievances of Oude as

_incendiaries_, did himself, in a minute of the 21st May, 1781, describe

that province "as fallen into a state of great disorder and confusion,

and its resources in an extraordinary degree diminished,"--and did

state, that his presence in the said province was requested by the

Nabob, and that, unless some effectual measures were taken for his

relief, he [the Nabob] must be under the necessity of leaving his

country, and coming down to Calcutta, to represent the situation of his

government. And Mr. Wheler did declare that the Governor-General's

representation of the state of that province "was but too well founded,

and was convinced that it would require his utmost abilities and powers,

applied and exercised on the spot, to restore it to its former good

order and affluence."

XVII. That the said Warren Hastings, in consequence of the minute

aforesaid, did grant to himself, and did procure the consent of his only

colleague, Edward Wheler, Esquire, to a commission or delegation, with

powers "to assist the Nabob Vizier in forming such regulations as may

be necessary for the peace and good order of his government, the

improvement of his revenue, and the adjustment of the mutual concerns

subsisting between him and the Company." And in the said commission or

delegation he, the said Warren Hastings, did cause to be inserted

certain powers and provisions of a new and dangerous nature: that is to

say, reciting the business before mentioned, he did convey to himself

"such authority to enforce the same _as the Governor-General and Council

might or could exercise on occasions in which they could be warranted to

exercise the same_, and to form and conclude such several engagements or

treaties with the Nabob Vizier, the government of Berar, and with any

chiefs or powers of Hindostan, as _he_ should judge expedient and

necessary." Towards the conclusion of the act or instrument aforesaid

are the words following, viz.: "It is hereby declared, that all such

acts, and all such engagements or treaties aforesaid, shall be binding

on the Governor-General and Council in the same manner, _and as

effectually, as if they had been done and passed by the specific and

immediate concurrence and actual junction of the Governor-General and

Council, in council assembled_." And the said powers were, by the said

Warren Hastings, given by himself and the said Wheler, under the seal of

the Company, on the 3d July, 1781.

XVIII. That the said commission, delegating to him, the said Warren

Hastings, the whole functions of the Council, is destructive to the

constitution thereof, and is contrary to the Company's standing orders,

and is illegal.

XIX. That, in virtue of those powers, and the illegal delegation

aforesaid, the said Warren Hastings, after he had finished his business

at Benares, did procure a meeting with the Nabob of Oude at a place

called Chunar, upon the confines of the country of Benares, and did

there enter into a treaty, or pretended treaty, with the said Nabob; one

part of which the said Warren Hastings did pretend was drawn up from a

series of requisitions presented to him by the Nabob, but which

requisitions, or any copy thereof, or of any other material document

relative thereto, he did not at the time transmit to the

Presidency,--the said Warren Hastings informing Mr. Wheler, that the

Resident, Middleton, had taken the _authentic_ papers relative to this

transaction with him to Lucknow: and it does not appear that the said

Warren Hastings did ever reclaim the said papers, in order to record

them at the Presidency, to be transmitted to the Court of Directors, as

it was his duty to do.

XX. That the purport of certain articles of the said treaty, on the part

of the Company, was, that, in consideration of the Nabob's _inability_

(which inability the preamble of the treaty asserts to have been

"repeatedly and urgently represented") to support the expenses of the

temporary brigade, and of three regiments of cavalry, and also of the

British officers with their battalions, and of _other_ gentlemen who

were then paid by him, the several corps aforesaid, and the other

gentlemen, (with the exception of the Resident's office _then on the

Nabob's list_, and a regiment of sepoys for the Resident's guard,)

should, after a term of two and a half months, be no longer at his, the

Nabob's, charge: "the true meaning of this being, that no more troops

than one brigade, and the pay and allowances of a regiment of sepoys,"

(as aforesaid, to the Resident,) amounting in the whole to 342,000_l._ a

year, should be paid by the Nabob; and that _no officers, troops, or

others, should be put upon the Nabob's establishment_, exclusive of

those in the said treaty stipulated.

XXI. That the said Warren Hastings did defend and justify the said

articles, in which the troops aforesaid were to be removed from the

Nabob's establishment, by declaring as follows. "That the _actual_

disbursements to those troops had fallen upon _our own funds_, and that

_we_ support a body of troops, established _solely_ for the defence of

the Nabob's possessions, _at our own expense_. It is true, we charge the

Nabob with this expense; but the large balance already due from him

shows too justly the little prospect there was of disengaging ourselves

from _a burden_ which was daily adding to _our_ distresses and must soon

become _insupportable_, although it were granted that the Nabob's debt,

then suffered to accumulate, _might at some future period be

liquidated_, and that this measure would substantially effect an instant

relief to the pecuniary distresses of the Company."

XXII. That Nathaniel Middleton, the Resident, did also declare that he

would at all times testify, "that, upon the plan of the foregoing years,

the receipts from the Nabob were only _a deception_, and _not an

advantage_, but _an injury_ to the Company," and "that a remission to

the Nabob of this _insufferable burden_ was _a profit_ to the Company."

And the said Hastings did assert that the force of the Company was not

lessened by withdrawing the temporary troops; although, when it suited

the purpose of the said Hastings, in denying just relief to the

distresses of the said Nabob of Oude, he had not scrupled to assert the

direct contrary of the positions by him maintained in justification of

the treaty of Chunar,--having in his minute aforesaid, of the 15th of

December, 1779, asserted, "that these troops" (the troops maintained by

the Nabob of Oude) "had no _separate or distinct existence_, and may be

properly said to consist of our whole military establishment, with the

exception only of our European infantry, and that they could not be

_withdrawn, without imposing on the Company the additional burden of

their expense_, or disbanding nine battalions of disciplined sepoys and

three regiments of horse."

XXIII. That he, the said Warren Hastings, in justification of his

agreement to withdraw the troops aforesaid from the territories and pay

of the Nabob of Oude, did further declare, "that he had been too much

accustomed to the tales of hostile preparation and impending invasions,

against all the evidence of political probability, to regard them as any

other than phantoms raised for the purpose of perpetuating or

multiplying commands," and he did trust "all ideas of danger from the

neighboring powers were altogether visionary; and that, even if they had

been better founded, this mode of anticipating possible evils would be

more mischievous than anything they had reason to apprehend," and that

the internal state of the Nabob's dominions did not require the

continuance of the said troops; and that the Nabob, "_whose concern it

was, and not ours_" did affirm the same,--notwithstanding he, the said

Hastings, had before, in answer to the humble supplications of the

Nabob, asserted, that "_it was our part, and not his_, to judge and

determine in what manner and at what time they should be reduced or

withdrawn."

XXIV. That the said Warren Hastings, in support of his measure of

withdrawing the said brigade and other troops, did also represent, that

"the remote stations of those troops, placing the commanding officers

beyond the notice and control of the board, afforded too much

opportunity and temptation for unwarrantable emoluments, and excited the

_contagion of peculation and rapacity throughout the whole army_, and,

as an instance thereof, that a court-martial, composed of officers of

rank and respectable characters, unanimously and honorably, 'most

honorably,' acquitted an officer upon an acknowledged fact which in

times of stricter discipline would have been deemed a crime deserving

the severest punishment."

XXV. That the said Warren Hastings, having in the letter aforesaid

contradicted all the grounds and reasons by him assigned for keeping up

the aforesaid establishment, and having declared his own conviction that

the whole was a fallacy and imposition, and a detriment to the Company

instead of a benefit, circumstances (if they are true) which he might

and ought to have well known, was guilty of an high crime and

misdemeanor in carrying on the imposture and delusion aforesaid, and in

continuing an insupportable burden and grievance upon the Nabob for

several years, without attending to his repeated supplications to be

relieved therefrom, to the utter ruin of his country, and to the

destruction of the discipline of the British troops, by diffusing among

them a general spirit of peculation; and the said Hastings hath

committed a grievous offence in upholding the same pernicious system,

until, by his own confession and declaration, in his minute of the 21st

of May, 1781, "the evils had _grown_ to so great an height, that

exertions will be required more powerful than can be made through the

delegated authority of the servants of the Company now in the province,

and that he was far from sanguine in his expectations that _even his own

endeavors would be attended with much success_."

XXVI. That, at the time of making the said treaty, and at the time when,

under color of the distress of the Nabob of Oude, and the failure of all

other means for his relief, he, the said Hastings, broke the Company's

faith with the parents of the Nabob, and first encouraged and afterwards

compelled him to despoil them of their landed estates, money, jewels,

and household goods, and while the said Nabob continued heavily in debt

to the Company, he, the said Warren Hastings, did, "_without

hesitation_," accept of and receive from the Nabob of Oude and his

ministers (who are notoriously known to be not only under his influence,

but under his absolute command) a bribe, or unlawful gift or present, of

one hundred thousand pounds sterling, and upwards. That, even if the

said pretended gift could be supposed to be voluntary, it was contrary

to the express provision of the Regulating Act of the 13th year of his

Majesty's reign, prohibiting the receipt of all presents upon any

pretence whatsoever, and contrary to his own sense of the true intent

and meaning of the said act, declared upon a similar, but not so strong

a case,--that is, where the service done, and the present offered in

return for it, had taken place before the promulgation of the above laws

in India: on that occasion he declared, "that the exclusion by an act of

Parliament _admitted of no abatement or evasion_, wherever its authority

extended."

XXVII. That the said Warren Hastings, confiding in an interest which he

supposed himself to have formed in the East India House, did endeavor to

prevail on the Court of Directors to violate the said act, and to suffer

him to appropriate the money so illegally accepted by him to his own

profit, as a reward for his services.

XXVIII. That the said Warren Hastings has since declared to the Court of

Directors, that, when _fortune threw a sum in his way_ (meaning the sum

of money above mentioned) _of a magnitude which could not be concealed,

he chose to apprise his employers of it_:[15] thereby confessing, that,

but for the magnitude of the same rendering it difficult to be

concealed, he never would have discovered it to them. And the said

unlawful present being received at the time when, for reasons directly

contradictory of all his former recorded declarations, he did agree to

remove the aforesaid troops from the Nabob's dominions, and to recall

the pensioners aforesaid, it must be presumed that he did not agree to

give the relief (which he had before so obstinately refused) upon the

grounds and motives of justice, policy, or humanity, but in

consideration of the sum of money aforesaid, which, in a time of such

extreme distress in the Nabob's affairs, could not be rationally given,

except for those and other concessions stipulated for in the said

treaty, but which had on former occasions been refused.

XXIX. That, notwithstanding his, the said Warren Hastings's, receipt of

the present of one hundred thousand pounds, as aforesaid, he did violate

every one of the stipulations in the said treaty contained, and

particularly he did continue in the country, and in the service of the

Nabob of Oude, those troops which he had so recently stipulated to

withdraw from his country and to take from his establishment: for, upon

the 24th of December following, he did order the temporary brigade,

making ten battalions of five hundred men each, to be again put on the

Vizier's list,--although he had recently informed the Court of

Directors, through Edward Wheler, Esquire, that any benefit to be

derived from the Nabob's paying that brigade was _a fallacy and a

deception_, and that the same was _a charge_ upon the Company, and not

_an alleviation of its distresses_, as well as _an insupportable burden_

to the Nabob: thus having, within a short space of time, twice

contradicted himself, both in declaration and in conduct.

XXX. That this measure, in direct violation of a treaty of not three

months' duration, was so injudicious, that, in the opinion of the

Assistant Resident, Johnson, "nothing less than blows could effect it":

he, the said Resident, further adding, "that the Nabob was not even able

to pay off the arrears still due to it [the new brigade]; and that the

troops being _all_ in arrears, and no possibility of present payment,

so large a body assembled here [viz., at Lucknow] without any means to

check and control them, nothing but disorder could follow. As one proof

that the Nabob is as badly off for funds as we are, I may inform you

that his cavalry rose this day upon him, and went all armed to the

palace, to demand from thirteen to eighteen months' arrears, and were

with great difficulty persuaded to retire, which was probably more

effected by a body of troops getting under arms to go against them than

any other consideration." But the letter of Warren Hastings, Esquire, of

the 24th of December, giving the above orders for the infraction of the

treaty, and to which the letter from whence the foregoing extracts are

taken is an answer, doth not appear, any otherwise than as the same is

recited in the said answer.

XXXI. That, notwithstanding the disorders and deficiencies in the

revenue aforesaid had continued and increased, and that three very large

balances had accumulated, the said Warren Hastings did cause the

Treasury accounts at Calcutta to be examined and scrutinized, and an

account of another arrear, composed of various articles, pretended to

have accumulated during seven years previous to the year 1779, (the

articles composing which, if they had been just, ought to have been

charged at the times they severally became due,) was sent to the

Resident, and payment thereof demanded, to the amount of 260,000_l._

sterling; which unexpected demand, in so distressed a situation, did not

a little embarrass the Nabob. But whilst he and his ministers were

examining into the said unexpected demand, another, and fifth balance,

made up of similar forgotten articles, was demanded, to the amount of

140,000_l._ sterling more. Which said two last demands did so terrify

and confound the Nabob and his ministers, that they declared that the

Resident "might at once take the country, since justice was out of the

question."

XXXII. That the said Hastings, in order to add to the confusion,

perplexity, and distress of the Nabob's affairs, did send to his court

(in which he had already a Resident and Assistant Resident) two secret

agents, Major Palmer and Major Davy, and did instruct Major Palmer to

make a variety of new claims, one of a loan to the Company of

600,000_l._ sterling, although he well knew the Nabob was himself

heavily in arrear to the Company, and was utterly unable to discharge

the same, as well as in arrear to his own troops, and to many

individuals, and that he borrowed (when he could at all borrow) at an

interest of near thirty per cent. To this demand was added a new bribe,

or unlawful present, to himself, to the amount of 100,000_l._ sterling,

which he did not refuse as unlawful and of evil example, but as

_indelicate_ in the Nabob's present situation,--and did, as if the same

was his own property, presume to dispose of it, and to desire the

transfer of it, as of his own bounty, to the Company, his masters. To

this second demand he, the said Hastings, added a third demand of

120,000_l._ sterling, for four additional regiments on the Nabob's list,

after he had solemnly engaged to take off the ten with which it had been

burdened: the whole of the claims through his private agent aforesaid

making the sum of 820,000_l._ sterling.

XXXIII. That the demands, claims, &c., made by the said Warren Hastings

upon the government of Oude in that year amounted to the enormous sum of

2,530,000_l._ sterling; which joined to the arrears to troops, and some

internal failures, amounting to 255,000_l._ sterling more, the whole

charge arose to 2,785,000_l._ sterling, which was considerably more than

double the net produce of the Nabob's revenue,--the same only amounting

to 1,450,000_l._ "nominal revenue, never completely realized."

XXXIV. That, towards providing for these extravagant demands, he, the

said Warren Hastings, did direct and authorize another breach of the

public faith given in the treaty of Chunar. For whereas, by the second

article of the treaty aforesaid, it was left to the Nabob's discretion

whether or not he should resume the landed estates, called jaghires,

within his dominions, and notwithstanding the said Hastings, in defence

of the said article, did declare that the Nabob should be left to the

exercise of his own authority and pleasure respecting them, yet he, the

said Hastings, did authorize a violent compulsion to be used towards the

said Nabob for accomplishing an universal confiscation of that species

of landed property; and in so doing he did also compel the Nabob to

break his faith with all the landholders of that description, not only

in violating the assurance of his own original grants, but his assurance

recently given, when, being pressed by the Company, he, the Nabob, had

made a temporary seizure of the profits of the lands aforesaid, in the

manner of a compulsory loan, for the repayment of which he gave his

bonds and obligations; and although he had at the same time solemnly

pledged his faith that he never would again resort to the like

oppressive measure, yet he, the said Warren Hastings, did cause him to

be compelled to confiscate the estates of at least sixty-seven of the

principal persons of his country, comprehending therein his own nearest

relations and the ancient friends and dependants of his family: the

annual value of the said estates thus confiscated amounting to

435,000_l._ sterling, or thereabouts, upon an old valuation, but stated

by the Resident, Middleton, as being found to yield considerably more.

XXXV. That the violent and unjust measure aforesaid, subversive of

property, utterly destructive of several ancient and considerable

families, and most dishonorable to the British government, did produce

an universal discontent and the greatest confusion throughout the whole

country,--the said confiscated lands being on this occasion put to

rack-rents, and the people grievously oppressed: and to prevent a

possibility of redress, at least for a considerable time, the said

confiscated estates were mortgaged (it appearing otherwise impracticable

to make an approach towards satisfying the exorbitant demands of the

said Hastings) for a great sum to certain usurious bankers or

money-dealers at Benares.

XXXVI. That, besides these enormous demands, which were in part made for

the support of several corps of troops under British officers which by

the treaty of Chunar ought to have been removed, very large extra

charges not belonging to the military list of the said Nabob, and

several civil charges and pensions, were continued, and others newly put

on since the treaty of Chunar, namely, an allowance to Sir Eyre Coote

of 15,554 rupees per month, (being upwards of 18,664_l._ sterling a

year,) and an allowance to Trevor Wheler, Esquire, of 5,000 rupees per

month (or 6,000_l._ sterling and upwards a year); and the whole of the

settled charges, not of a military nature, to British subjects, did

amount to little less than 140,000_l._ yearly, and, if other allowances

not included in the estimate were added, would greatly exceed that sum,

besides much more which may justly be suspected to have been paid, no

part whereof had at that time been brought forward to any public

account.

XXXVII. That the commander of one of these corps, of whose burden the

said Nabob did complain, was Lieutenant-Colonel Alexander Hannay, who

did farm the revenues of certain districts called Baraitch and

Goruckpore, which the said Hastings, in the ninth article of his

instructions to Mr. Bristow, did estimate at twenty-three lacs of

rupees, or 230,000_l._, per annum: but under his, the said Hannay's,

management, the collections did very greatly decline; complaints were

made that the countries aforesaid were harassed and oppressed, and the

same did fall into confusion, and at last the inhabitants broke out into

a general rebellion.

XXXVIII. That the far greater part of the said heavy list was authorized

or ordered by him, the said Warren Hastings, for the purpose of

extending his own corrupt influence: for it doth appear, that, at the

time when he did pretend, in conformity to the treaty of Chunar

aforesaid, to remove the Company's servants, "_civil_ and military,

from the court and service of the Vizier," he did assert that he thereby

did "diminish _his own influence_, as well as that of his colleagues, by

narrowing the line of _patronage_"; which proves that the offices,

pensions, and other emoluments aforesaid, in Oude, were of _his_

patronage, as his patronage could not be diminished by taking away the

said offices, &c., unless the same had been substantially of his gift.

And he did, at the time of the pretended reformation aforesaid, express

both his knowledge of the existence of the said excessive and abusive

establishments, and his sense of his duty in taking them away: for in

agreeing to the article in the treaty of Chunar for abolishing the said

establishments, he did declare himself "actuated solely by motives of

_justice_ to the Nabob, and a regard to _the honor of our national

character_"; and, according to his own representation, the said servants

of the Company, civil and military, "by their numbers, their influence,

and the _enormous amount_ of their salaries, pensions, and emoluments,

were an _intolerable_ burden on the revenues and authority of the

Vizier, and exposed us to _the envy and resentment of the whole

country_, by excluding the native servants and adherents of the Vizier

from the rewards of their services and attachment."

XXXIX. That the revenue of the country being anticipated, mortgaged, and

dilapidated, by the counsel, concurrence, connivance, and influence, and

often by the direct order of the said Warren Hastings, the whole civil

government, magistracy, and administration of justice gradually declined

and at length totally ceased through the whole of the vast provinces

which compose the territory of Oude, and no power was visible therein

but that of the farmers of the revenue, attended by bodies of troops to

enforce the collections; insomuch that robberies, assassinations, and

acts of every description of outrage and violence were perpetrated with

impunity,--and even in the capital city of Lucknow, the seat of the

sovereign power, there was no court of justice whatever to take

cognizance of such offences.

XL. That the said Warren Hastings, when he did interfere in the

government of Oude, was obliged by his duty to interfere for the good

purposes of government, and not merely for the purpose of extorting

money therefrom and enriching his own dependants,--which latter purpose

alone he did effect, in the manner before mentioned, but not one of the

former. For the said Hastings, having procured the extraordinary powers

given by and to himself by his delegation of the 3d of July, 1781, did

declare the same to be for the purpose, among many others, "of assisting

the Nabob Vizier in forming such regulations as may be necessary for the

peace and good order of his government and the improvement of his

revenue." And in consequence of the said powers, the said Warren

Hastings did, in the treaty of Chunar, obtain an article from the Nabob

by which the said Nabob did promise to attend to his advice in the

reformation of his civil administration; and he did give certain

instructions to the Resident, Middleton, to which he did require him to

yield _the most implicit obedience_, and did in one article thereof

direct him to urge the Nabob to endeavor gradually, if it could not be

done at once, to establish courts of _adawlut_ [justice], and that the

_darogahs_ [chief criminal magistrates], _moulavies_ [consulting or

assistant lawyers], and other officers, should be selected by the

ministers, with his, the Resident's, concurrence; and afterwards, in his

instructions to the Resident Bristow, desiring him to pursue the same

object, he declared his opinion, "that the want of such courts, and the

extreme licentiousness occasioned thereby, is one of the most

disreputable defects in his Highness the Nabob's government, and that,

while they do not exist, every man knows the hazard which he incurs in

lending his money "; but he did give him, the said Resident, no positive

instruction concerning the same, supposing the establishment of such

courts a matter of difficulty, and did therefore leave him a latitude in

his proceedings therein.

XLI. That the said Resident Bristow did, however, in conformity to the

said instructions, at last given with such latitude, endeavor to prevail

on the said minister gradually to introduce courts of justice for the

cognizance of crimes, by beginning to establish a criminal court under a

native judge, to judge according to the Mahomedan law in the city of

Lucknow. But Hyder Beg Khân, a minister of the said Warren Hastings's

nomination, and solely dependent upon him, did elude and obstruct, and

in the end totally defeat, the establishment of the same.

XLII. That the obstruction aforesaid, and the evil consequences thereof,

were duly represented to the said Hastings; and though the said Hastings

had made it the fourth article of a criminal charge against the Resident

Middleton, "that he did not report to the Governor-General, or to the

board, the progress which he had made from time to time in his endeavors

to comply with his instructions, and that, if he met with any

impediments in the execution of them, he had omitted to state those

impediments, and to apply for fresh orders upon them," yet he, the said

Hastings, did give no manner of support to the Resident Bristow against

the said Hyder Beg Khân, and did not even answer several of his letters,

the said Bristow's letters, stating the said impediments, or take any

notice of his remonstrances, but did at length revoke his own

instructions, declaring that he, the said Resident, should not presume

to act upon the same, and yet did not furnish him with any others, upon

which he might act, but did uphold the said Hyder Beg Khân in the

obstruction by him given to the performance of the first and fundamental

duty of all government,--namely, the administration of justice, and the

protection of the lives and property of the subject against wrong and

violence.

XLIII. That the said Hastings did afterwards proceed to the length of

criminating the Resident Bristow aforesaid for his endeavors to

establish the said necessary court, as an invasion of the rights of the

Nabob's government,--when, if the Nabob in his own proper person and

character, and not the aforesaid Hyder Beg, (who was a creature of the

said Hastings,) had opposed the reëstablishment of justice in the said

country, it was the duty of the said Hastings to have pressed the same

upon him by every exertion of his influence. And the said Warren

Hastings, in his pretended attention to the Nabob's authority, when

exercised by his, the said Hastings's, minister, to prevent the

establishment of courts of justice for the protection of life and

property, at the same time that he did not hesitate, in the case of the

confiscation of the jaghires, and the proceedings against the mother and

grandmother of the Nabob, totally to supersede his authority, and to

force his inclinations in acts which overturned all the laws of

property, and offered violence to all the sentiments of natural

affection and duty, and accusing at the same time his instruments for

not going to the utmost lengths in the execution of his said orders, is

guilty of an high crime and misdemeanor.

XLIV. That the said Hastings did highly aggravate his offence in

discountenancing and discouraging the reëstablishment of magistracy,

law, and order, in the country of Oude, inasmuch as he did in the eighth

article of his instructions to the Resident order him to exercise powers

which ought to have been exercised by lawful magistrates, and in a

manner agreeable to law. And in the said article he did state the

prevalence of rebellion in the said country of Oude,--as if rebellion

could exist in a country in which there was no magistracy, and no

protection for life or property, and in which the native authority had

no force whatever, and in which he himself states the exercise of

British authority to be an absolute usurpation; and he did accordingly

direct a rigorous prosecution against the offence of rebellion under

such circumstances, but "with a fair and impartial inquiry," when he did

not permit the establishment of those courts of justice and magistracy

by which alone rebellion could be prevented, or a fair and impartial

inquiry relative to the same could be had; and particularly he did

instruct the said Resident to obtain the Nabob's order for employing

some sure means for apprehending certain zemindars, and particularly

three, in the instruction named, whom he, the said Hastings, did cause

to be apprehended upon what he calls good information, founded upon some

facts to which he asserts he has the testimony of several witnesses,

"that they had the destruction of Colonel Hannay and the officers under

his command as their immediate object, and ultimately the extirpation of

the English influence and power throughout all the Nabob's dominions,"

and that they did still persevere in their rebellious conduct without

deviation, "though the Nabob's, and not our government, was then the

object of it"; and he did direct the said Resident, if it should appear,

"_on a fair and regular inquiry_, that their conduct towards the Nabob

had been such as it had been reported to be, to insist upon the Nabob's

punishing them with _death_, and to treat with the same rigor every

zemindar and every subject who shall be the leader in a rebellion

against his authority."

XLV. That the crime of the said Hastings, in his procedure aforesaid,

was further highly aggravated by his having received information of

several striking circumstances which strongly indicated the necessity of

a regular magistracy and a legal judicature, from the total failure of

justice, affecting not only the subjects at large, but even the reigning

family itself,--as also of the causes why no legal magistracy could

exist, and why the princes of the reigning family were not only exposed

to the attacks of assassins, but even to a want of the protection which

might be had from their servants and attendants, who were driven from

their masters for want of that maintenance which the princes, their

masters, could not procure even for themselves. And the circumstances

aforesaid were detailed to him, the said Hastings, by the Resident,

Bristow, in a letter from Lucknow, dated the 29th January, 1784, to the

Governor-General, the said Warren Hastings, and the Council of Bengal,

in the terms following.

"The frequent robberies and murders perpetrated in his Excellency's, the

Vizier's, dominions, have been _too often_ the subject of my

representations to your honorable board. From the total want of police,

hardly a day elapses but I am informed of some tragical event, whereof

the bare recital is shocking to humanity. About two months since, an

attempt was made to assassinate Rajah Ticket Roy, the acting minister's

confidential agent; but he happily escaped unhurt. Nabob Bahadur, _his

Highness's brother_, has not been so fortunate, as will appear from

translations of two of his letters to me, No. 1, which I have the honor

to inclose for your information. Although my feelings are sensibly hurt

and my compassion strongly excited by _the disgraceful and miserable

state of poverty to which his Excellency's brothers are reduced_, yet,

situated as I am, it is not in my power to interfere with effect. My

efforts on a former occasion failed of success, _and my interposition

now would only excite the resentment of the minister towards the unhappy

sufferers, in consequence of their application to me, from whom ALONE,

however, they hope for relief from their present distress_, which, their

near connection with the Vizier considered, is both shameful and

unprecedented. That no regular courts of justice have been established

in this country is particularly pointed at in my instructions, as the

most disreputable defect in his Highness's government; yet the minister

seems determined on abolishing even the shadow of so necessary an

institution. The office of Chief Justice, as held by Moulavy Morobine,

was ever nugatory, but now it is sunk into the lowest contempt. The

original establishment, inadequate as it was, is mouldering away, and

the officers now attached to it are literally starving, as no part of

their allowance has been paid for above six months past. He himself has

proposed to resign his appointment, being every way precluded from a

possibility of exercising the duties of it."

XLVI. That it appears by the said letter, and the papers therewith

transmitted, as well as other documents in the said correspondence,

that, in consequence of the distress brought upon the Nabob's finances,

certain of the princes, his brethren, the children of Sujah ul Dowlah,

the late sovereign of the country, were put upon pensions unsuitable to

their birth and rank, and by the mismanagement of the minister

aforesaid, (appointed by the said Warren Hastings,) for two years

together no considerable part of the said inadequate pension was paid;

and not being able to maintain the attendants necessary for their

protection in a city in which all magistracy and justice was abolished,

they were not only liable to suffer the greatest extremities of penury,

but their lives were exposed to the attempts of assassins: the condition

of one of the said princes, called the Nabob Bahadur, being by himself

strongly expressed in three letters to the said Resident Bristow,--the

first dated the 28th of December, 1783; the second, the 7th of January,

1784; and the third, the 15th of January, 1784,--which letters were

duly transmitted, in the dispatch of the 29th of the same month, to

Warren Hastings, Esquire, and are as follow.

"Your own servant carried you the account of what he himself was an

eye-witness to, after the affair of last night. These are the

particulars. About midnight my aunt received twelve wounds from a

ruffian, of which she died. I also received six successive stabs, which

alarmed the people of the house, who set up a shouting: whereupon the

assassin run off. Besides being _without food or the means of providing

any_, this misfortune has befallen me. _I am desirous of sending the

coffin to your door_. It is your duty, both for the sake of God and of

Christ, to execute justice, and to inquire what harm I have done to the

murderer sufficient to deserve assassination, or even injury. _You now

stand in the place of his Excellency the Vizier_. I request you will do

me justice. What more can I say?

"P.S. I am also desirous to show you my wounds."

* * * * *

_From the same, 29th [7th?] January, 1784._

"You have been duly informed of all the circumstances relative both to

the murder of the innocent, and of my being wounded, as well by my

former letter, as by the messenger whom you sent to inquire into the

state of my health; and I have every reason to hope, from your known

kindness, that you will not be deficient in seeking out the assassin. _I

am at this moment overwhelmed in misfortune. Whilst the blood is flowing

from my wounds, neither I nor my children nor my servants have

wherewithal to procure subsistence_; nor have I it in my power either to

purchase remedies or to reward the physician: _it is for the sake of

God alone that he attends me_. Thus loaded with calamity upon calamity,

I am unable to support life; for I find no relief from any affliction

either day or night. Do you now stand in the place of my father; grant

me fresh life by speedy acts of benevolence.

"For these two last years his Excellency established a pension for me of

twenty thousand rupees; but I never received the full amount of it,

either last year or the year before. Should it, however, be paid me,

though inadequate to my desires, I shall still be enabled to support

myself. From the beginning of this year to the present time I have not

received a farthing, nor do I expect any; though, if you afford

protection to the oppressed, all my wishes will be accomplished. I was

desirous of waiting on you with my family, that you might be an

eye-witness to their condition; but I was advised not to stir out on

account of my wounds. What more can I say?"

* * * * *

_The following Extracts are made from the Third Letter from the same

Prince, dated January 15, 1784._

"The particulars of the late and unforeseen misfortune with which I have

been overwhelmed are not unknown unto you,--that the innocent blood of

my aunt, _the prop and ruler of my family_, was shed, and in the same

manner I, too, was wounded. Until now I feel the pain and affliction of

my wounds; _and no person has regarded my solicitations for redress,

sought after the assassin, and brought him to condign punishment,

yourself excepted_."--"In like manner as the Honorable Governor-General

has adopted my brother Saadut Ali Khân for his son and relieved him from

the vexation, affliction, and dependence of this place, would it be

extraordinary that you also should, in your bounty and favor, consent to

adopt me, who do not possess the necessaries of life, and permit me to

attend you to whatever part of the world you may travel, whereby I shall

at all times derive honor and advantage? Formerly us three brothers,

Saadut Ali, Mirza Jungly, and I, the poor and oppressed, were, in the

presence of our blessed father, whose soul rests in heaven, treated

alike. Now the ministers of this government put me upon a footing with

our younger brothers, who have lately left the zenanah, and whose

expenses are small. On this scale, which is in every respect

insufficient for my maintenance, they pay _the pitiful allowance only

when it is their pleasure to do it_. My situation has for years past

been increasing in wretchedness to a degree that _I am in want of daily

bread, and my servants and animals are dying of hunger. My distresses

are so great that I have not been able to pay a daum to the surgeons for

the cure of my wounds; and they, too, are discouraged from affording me

their assistance or furnishing me with medicines_. How, then, is it

possible for me to exist? Considering you as my patron, participating in

my afflictions, I have represented the circumstances concerning my

situation; and I hope, from your friendship, that you will honor me with

a favorable answer."

XLVII. The Resident, Bristow, did also receive a strong application from

three others of the brethren of the reigning sovereign, called Mirza

Hyder Ali, Mirza Ennayut Ali, and Mirza Syef Ali, representing their

very pitiable case, in a letter of the 9th of March, 1783, in which,

among other particulars, are contained the following.

"Our situation is not fit to be represented. _For two years we have not

received a hubba_ on account of our tuncaw [assignment on the revenue],

though the ministers have annually charged a lac of rupees, and never

paid us anything. _After all, we are the sons of Sujah ul Dowlah!_ It is

surprising, having such a friend as you, our situation is arrived at

that pass that we should be in distress for _dry bread and clothes_.

Whereas you have done many generous acts, be pleased so to show us your

favor, that by some means we may receive our allowances from the

Company's treasury, and not be obliged to depend upon and solicit others

for it."

XLVIII. That one of the princes aforesaid, called the Mirza Jungly,

about the beginning of the year 1783, was obliged to fly from the

dominions of the Nabob of Oude, and to leave his country and

connections; and as the Resident, Bristow, writing from Lucknow, hath

observed, "he went to try his fortune at other courts, in preference to

starving at home, which might have been his fate, by all accounts, at

this place." And the said prince sought for succor at the court of one

of the neighboring Mahomedan princes; but conceiving some disgust at the

treatment he met with there, he departed from thence, and on the 8th of

February, 1783, arrived at the Mahratta camp, while David Anderson,

Esquire, was there in the character of Minister Plenipotentiary to the

Company, with a view, if his reception there should not prove answerable

to his wishes, to pass on to the southward. And the said Anderson,

probably considering this event as of very great importance to the honor

of the British government, as well as to its interest, on the one hand,

by exhibiting the son and brother of a sovereign prince, from whom the

Company had received many millions of money, a fugitive from his

country, and a wanderer for bread through the courts of India, and, on

the other, the consequences which might arise from the Mahrattas having

in their possession and under their influence a son of the late Nabob of

Oude, did without delay advise Warren Hastings, Esquire, of the event

aforesaid; and he did also write to Mr. Bristow, the Resident at the

court of the Nabob Vizier, several letters, of the 9th and 20th of

February, and of the 6th of March and 6th of April, 1783, in order that

some steps should be taken for his return and establishment in his own

country. And the said Anderson did inform the Resident, Bristow, in his

letter aforesaid, that, on the arrival of the fugitive prince, brother

of the reigning sovereign of Oude, at the Mahratta camp, he did cause

his tent to be pitched close to that of Mr. Anderson; but finding this

not agreeable to the Mahratta general, Sindia, he afterwards removed:

and that he showed a strong attachment to the English, and was inclined

to throw himself upon their generosity; that he was desirous of going to

Calcutta, and declared, that, if he, the said Anderson, "would give him

the smallest encouragement, he would quit all his followers, and come

alone, and would take up his residence under his protection." And the

said Anderson did declare, that he thought it "would be policy, and much

to the credit of our government, that some provision should be made for

Mirza Jungly in our territories."

XLIX. That the said Bristow did represent the aforesaid circumstances to

Hyder Beg Khân, minister to the Nabob of Oude, declaring it his

opinion, "that his Highness's brother's thus taking refuge with a

foreign prince is a reflection upon the Vizier, and it would be

advisable that an allowance should be granted to him upon the footing of

his brothers, that he might remain in the presence." But the Nabob was

induced to refuse to his brother any offer of any allowance beyond the

two hundred pounds per month, allowed, but not paid, to his other

brothers,--and which the said prince did observe to Mr. Anderson, "that

it was not only inadequate to his expenses, but infinitely less" (as the

truth was) "than what his Excellency has settled on many persons of

inferior rank, who have not so good a claim to his support; and that it

would not be sufficient to enable him to live at Lucknow, where all his

friends and relations were, and so many of his inferiors lived in a

state of affluence." In case, therefore, it could not be increased, he

requested leave to live in the Company's provinces, or at Calcutta; for

that in any of these situations "he could with less difficulty regulate

his expenses." And he did declare, that, if his request was granted to

him, he would immediately quit all his prospects with Sindia. To these

propositions he received a very discouraging answer from his brother's

minister, containing a positive and final refusal of any increase of

allowance, obtaining only the Nabob's permission to retire into the

Company's provinces. But Mr. Anderson did not think himself authorized

to take any steps for the prince's retreat into the said province

without Sindia's concurrence, who, he observed, would use every art to

detain him, and accordingly did offer him the command of a battalion of

infantry to be paid directly from his own treasury, and six thousand

pounds sterling a year for keeping up a corps of horse, and to settle

upon him a landed estate of four thousand pounds a year as a provision

for his wife and children: which honorable offers it appears he did

accept, and did and doth remain in the Mahratta service.

L. That, during the whole course of this transaction, the said Warren

Hastings was duly advised thereof, first by a very early letter from the

said Anderson, and afterwards by the Resident, Bristow, who, on the 23d

of April, 1783, transmitted to him his whole correspondence with Mr.

Anderson. But what answer or instructions the said Warren Hastings did

give to Mr. Anderson does not appear, he not having recorded anything

upon that subject; but it appears that to the Resident, Bristow, who

required to be informed whether the reception of the fugitive prince

aforesaid in the Company's provinces would meet his approbation, he gave

no answer whatsoever: by which criminal neglect, or worse, with regard

to a brother of an ally of the Company, who showed a strong attachment

and preference to the English nation, and by suffering him, without any

known effort to prevent it, to attach himself to the cause and fortunes

of the Mahrattas, who, he, the said Hastings, well knew, did keep up

claims upon several parts of the dominions of Oude, and had with

difficulty been persuaded to include the Nabob in the treaty of peace,

he, having suffered him first to languish at home in poverty, and then

to fly abroad for subsistence, and afterwards taking no step and

countenancing no negotiations for his return from his dangerous place of

refuge, at the same time that several of his, the said Hastings's,

creatures had each of them allowances much more considerable than would

have sufficed for the satisfaction and comfort of him, the said fugitive

prince, was guilty of a high crime and misdemeanor.

LI. That the indigent condition before related of the other brothers of

the Nabob was also duly transmitted to the said Warren Hastings; but he

did never order or direct any steps whatsoever to be taken towards the

relief of the family of a reigning prince, who were daily in danger of

perishing by famine through the effect of his measures, and those of a

person whom he supported in power against the will and inclinations of

the said prince and his family.

LII. That the foregoing instances of the penury, distress, dispersion,

and exile of the reigning family, as well as the general disorder in all

the affairs of Oude, did strongly enforce the necessity of a proper use

of the British influence (the only real government then existing) in the

province aforesaid for a regulation of the economy of the Vizier's

court, as well as for the proper administration of the public concerns,

civil and military, which were in the greatest disorder; and the said

Warren Hastings was under obligation to provide for the same, and did

himself understand it to be his duty so to do, and that he was therein

warranted by the spirit of the treaty of Chunar, as well as by other

universal powers of control, and even of supersession, supposed by him

to exist in the relation between the British government and that of

Oude; and accordingly he did, in his instructions to the Resident

Middleton, to which he required his most implicit obedience, direct him

to an interference in and control upon all the affairs concerning the

revenues, the military arrangements, and all the other branches of the

Nabob's government.

LIII. That, upon his recall of the said Middleton, he, in his

instructions to the Resident Bristow, dated 23d of October, 1781

[1782?], did at large set forth the situation of the court and

government of Oude, the situation and character of the Nabob, of the

acting minister, and of the British Resident at that court, and did

plainly, distinctly, and without reserve, describe the extent of the

authority to be exercised by the last of these persons, as well as the

unqualified compliance to be expected from the two former. And he did

accordingly declare, that, "_from the nature of our connection with the

government of Oude_, and from the Nabob's incapacity, _a necessity will

forever exist_, while we have the claim of a subsidy upon the resources

of his country, of exercising an influence, and frequently substituting

it _ENTIRELY in the place of an avowed and constitutional authority, in

the administration of his [the Nabob's] government_"; and he did further

in the said instructions, namely, in instruction the fourth, direct the

said Resident in the words following: "I must have recourse to you for

the introduction of a _new_ system in that government; nor can I omit,

whilst I express my reliance on you for that purpose, to repeat the

sentiments which I expressed in the verbal instructions which I gave you

at your departure, _that there can be no medium in the relation between

the Resident and the minister, but either the Resident must be the slave

and vassal of the minister, or the minister at the absolute disposal of

the Resident_." And he, the said Hastings, did state, in the same

article of the instructions aforesaid, that, though the conduct of the

said Hyder Beg Khân had been highly reprehensible, and that he was much

displeased thereat, he would prefer him to any other, on account of his

ability and knowledge of business, with the following proviso,--"If he

would submit to hold his office on such conditions as I require. He

exists by his dependence on the influence of our government. It must be

advisable to try him by the mode of conciliation; at the same time that

in your _final conversation with him_ it will be necessary to declare to

him, _in the plainest terms_, the footing and condition on which he

shall be _permitted_ to retain his place, with the alternative of a

dismission, and a scrutiny into his conduct, if he refuses it. In the

first place, I will not receive from the Nabob, _as his_, letters

dictated by _the spirit of opposition_; but shall consider every such

attempt _as an insult on our government_. In the second place, I shall

expect that _nothing_ is done in his official character but with your

knowledge and participation."

LIV. That the said Hastings having described, in the manner aforesaid,

the relative situation of the Resident and the minister, he did state

also the relative situation of the said minister and his master, the

Nabob, declaring, "that the minister did hold _without control_ the

unparticipated and entire administration, with all the powers annexed to

that government,--_the Nabob being, as he ever must be in the hands of

some person, a mere cipher in his_" (the minister's). And having thus

stated the subordination of the minister to the Resident, and the

subordination of the Nabob to the minister, he did naturally declare,

"that the first share of the responsibility would rest upon the said

Resident" And he did further declare, "that the other conditions did

follow distinctly in their places, because he did _consider the Resident

as responsible for them_."

LV. That, for the direction of the Resident in the exercise of so

critical a trust, wherein all the true and substantial powers of

government were in an inverted relation and proportion to the official

and ostensible authorities, and in which the said Hastings did suppose

the necessity constantly existing for exercising an influence, and

frequently for substituting _entirely_ the British authority "in the

place of the avowed and constitutional government," he, the said

Hastings, did properly leave to the Resident a discretionary power for

his deviation from any part of his instructions,--interposing a caution

for his security and direction, that, as much as he could, he would

leave the subject free for his, the said Hastings's, correction of it,

and would instantly inform him or the board, according to the degree of

its importance, with his reasons for it.

LVI. That, besides the institution of the courts of justice, as before

recited, four other principal objects in the reformation of the affairs

of Oude were expressly recommended to the Residents Middleton and

Bristow, and must be understood to be the conditions upon which the said

Hastings must have meant to have it understood that the acting minister

of Oude was to hold his employment: namely, the limitation of the

Nabob's personal expenses; the reduction of the Nabob's troops in

number, and the change in arrangement; the appointment of proper

collectors for the revenues; and the appointment of proper officers for

all parts of the executive administration.

LVII. That the first object, namely, that of the limitation of the

Nabob's personal expenses, and separating them from the public

establishments, he, the said Hastings, did state as the first and

fundamental part of his regulation, and that upon which all the others

would depend,--and did declare, "that, in order to prevent the Vizier's

alliance from being a clog instead of an aid to the Company, _the most

essential_ part is to _limit_ and _separate_ his personal disbursements

from the public accounts: _they must not exceed_ what he has received in

any of the last three years." And as to the public treasury and

disbursements, he, the said Hastings, did, in the said instructions,

wholly withdraw them from the personal management or interference of the

Nabob, and did expressly order and direct "that they should be under the

_sole_ management of the ministers, with the Resident's concurrence."

And on the appointment of the Resident Bristow, in October, 1782, he,

the said Hastings, did order and direct him in every point of the

instructions to Middleton not revoked or qualified by his then

instructions, to which he did require his, the said Resident Bristow's,

"most attentive and literal obedience."

LVIII. That the said Resident Bristow did, in consequence of the renewal

to him of the said instructions as aforesaid, endeavor to limit and put

in order the Nabob's expenses; but he was in that particular traversed

and counteracted, and in the end wholly defeated, by the minister, Hyder

Beg Khân. And though the obstructions aforesaid, agreeably to the

instructions given to Middleton, and to him, the said Bristow, were

represented to the said Warren Hastings by the Resident aforesaid, yet

the said Warren Hastings did give no kind of support to the said

Resident, or take any steps towards enabling him, the said Resident, to

effectuate the said necessary limitation and distribution of expenses,

by himself, the said Hastings, ordered and prescribed; nor, if he

disapproved the proceedings of the said Resident, did he give him any

instruction for the forbearance of the same, or for the exerting his

duty in any other mode; nor did he call for any illustration from him of

anything doubtful in his correspondence, nor state to him any complaint

made privately of his conduct, in order to receive thereon an

explanation; but he did leave him to pursue at his discretion the

extensive powers before described, to effect the reformation which he

was directed to accomplish, under the responsibility denounced to him as

aforesaid, if he should fail therein, as he was supposed to be

substantially invested with all the powers of government.

LIX. That, instead of the said support or instruction, he, the said

Hastings, did countenance, or more probably cause or direct, a

representation to be made to him by the acting minister of the Nabob of

Oude, complaining grievously of the proceedings of the Resident

aforesaid, as usurpations on the Nabob's authority and indignities on

his person. And although he, the said Hastings, did instruct the

Resident, Bristow, to inform the said Hyder Beg Khân that he would not

receive from the Nabob, as _his_, letters directed by the spirit of

opposition, but should consider every such attempt as his, the

minister's, as an insult on our government, yet he did receive as _his_

the Nabob's own letters, and as written from the impressions on his own

mind, and as the suggestions of his own judgment, letters to the same

effect as those written by the minister, although he had declared upon

record that the said "Nabob was a mere cipher in his, the said

minister's, hands," and "that he had dared to use both the Nabob's name,

and even his seal, affixed to letters either directed to the Nabob or

written as from him without his knowledge," and although he did assert

or record as aforesaid, that, in a letter which he had lately received

from the Nabob, the minister had the presumption to make the Nabob

declare that which was _true_ to be _false_, and that "his _making use_

of the Nabob in such a manner did show how thin the veil was by which

_he_ covered _his own acts_, and that such artifices would only tend to

make them the more criminal from _the falsehood and duplicity with which

they were associated_."

LX. That the said Hastings did act upon the letters pretended to be

written by the Nabob, as well as on those actually written by the

minister, without previously communicating the matter of the said

complaint to the said Resident, and did give credit to the same, and

coming, as aforesaid, from a person by himself, the said Hastings,

charged with artifice, falsehood, and duplicity, and with abusing to his

own evil purposes the name and seal of his master without his knowledge,

and without any previous inquiry into the facts and circumstances; and

did thereon ground an accusation against the said Resident, Bristow,

before the board at Calcutta, in which he did represent the conduct of

the said Bristow, in attempting to limit the household expenses of the

Nabob, as an indignity "which no man living, however mean his rank in

life, or dependent his condition in it, would permit to be exercised by

any other, but with the want or forfeiture of every manly principle."

And he did further accuse the said Bristow for that, in his proceedings

in the regulation of the Nabob's household, "he should receive to

himself, or Mr. Cowper for him, or a treasurer for both, (for the

arrangement has never been well defined,) the money assigned for the

support of the Nabob's household,--issue it as he pleased, not to the

Nabob, but to the menial officers of his household,--dispose of his

superfluous horses, and other cattle,--determine how many elephants were

necessary to the state of the Vizier of the Empire, the number of

domestics for his attendance, and pry into the kitchen for the purpose

of ascertaining the quantity of victuals which ought to be dressed in

it,--control the accounts of these disbursements,--and appropriate to

his own use (for that the consequence was inevitable, if he chose it)

the residue produced by those economical retrenchments."

LXI. That the said charge is malicious and insidious; because the

attempt to introduce proper officers for the management of household

expenses so considerable that the said Hastings has stated the allotment

for the same at three hundred thousand pounds sterling yearly, and that

other accounts have carried it to four hundred thousand pounds sterling

and upwards, and to keep proper and regular accounts thereof, was a

necessary regulation, and agreeable to the dignity of the Nabob, and by

no means a degradation either of his person or authority, which was

specially provided for in the regulations, as no expense could be

incurred but by his own personal warrant under his sign manual; nor doth

there appear therein anything but what is of absolute necessity to

prevent embezzlement to his prejudice. And the said Hastings hath

declared, in the fifth article of the instructions to the said Resident,

that _no_ administration can be properly conducted without regular

offices; and that in the whole province of Oude "there was _not one_,

the _whole_ being engrossed by the minister": of which minister, in the

fourteenth article, he declares his suspicion that the Nabob did not

receive the whole and punctual payment of the sum assigned for the

purpose of the household, but that some part had been by him withheld

from the Nabob; and that, from private information he had lately

received, he had reason to believe that this was actually the case. And

the said Hastings well knew that the Nabob's household had been ill

conducted, that the allowances of his servants had not been paid, that

his distress was scandalous, and that his nearest relations were in a

famishing condition; and the said Hastings did also well know that the

household of the Nabob was provided for or neglected, not at his own

discretion, but at that of the said Hyder Beg Khân; and he did, in the

fourteenth article aforesaid, instruct the Resident, Bristow, to show

every ostensible and external mark of respect to the Nabob, in order to

induce him to become himself the mover of every act necessary for the

advancing of his own interests and the discharge of his debts to the

Company,--declaring, "that they never could be effected while the

minister retained that ascendency over him which he at present holds by

the means of a nearer and more private intercourse, and by affecting to

be the mediator of his rights against the claims of our government." And

the said Hastings did further well know that there was no way of

ascertaining the payment of the assignments for the Nabob's household,

either for the general purposes of their destination or to the

particular objects to which they ought to be applied, without regular

offices of receipt and of account, which might prevent the said

minister, Hyder Beg Khân, or the British Resident, or any other, from

embezzling or misapplying the same. But the total want of offices

aforesaid in every department of government did furnish occasion of

concealing all frauds, clandestine presents, or pensions to a

Governor-General, Commander-in-Chief, or other servant of the Company.

LXII. That the said Warren Hastings, who did pretend so deep a concern

for the indignities supposed to be suffered by the Nabob merely in the

limitation and regulation of unnecessary expenses relative to his

kitchen, domestics, &c., did show no attention or compassion to the said

Nabob, when, in the year 1779, the said Nabob represented, that the

pensions of his old servants for thirty years, the expenses of his

family and kitchen, together with the jaghires of his grandmother,

mother, and aunts, and of his brothers and dependants, given for their

support, were not _regulated_, but _stopped_.

LXIII. That the other articles of regulation, namely, the reform of the

troops in number and in arrangement, the appointment of proper

collectors for the revenues, and the general constitution of offices for

the executive administration, were in like manner totally defeated by

the said Hyder Beg Khân. And the said Hastings did receive a charge from

him, and did adopt it as his own, representing the endeavors of the

Resident to act in the regulations aforesaid agreeably to the spirit of

his instructions, and in confidence of the powers vested in and the

responsibility imposed upon him, the said Resident, as usurpations of

the authority and prerogative of the Nabob; and he, the said Hastings,

did make criminal charges thereon against the said Resident, Bristow, of

which charges the Council Board did, on hearing the same, and the

defence of the said Bristow, fully acquit him.

LXIV. That the said Hastings, by abetting Hyder Beg Khân, a person

described by him as aforesaid, in his opposition to all the plans of

necessary reformation proposed by the said Hastings himself, and having

suggested no other whatever in lieu thereof, to answer the purposes for

which he had stipulated in the treaty of Chunar the interference of the

Resident in every branch of the Nabob's government, did thereby

frustrate every one of the good ends proposed by him in the said treaty

of Chunar, and did grossly abuse his trust in giving the exorbitant

powers before recited, and asserting them to exist in the British

Resident, without suffering them even in appearance to answer any of the

proper and justifiable ends for which any power or influence can or

ought to exist in any government.

LXV. That there is just ground to violently presume that not only the

letters in the name of the Nabob aforesaid were dictated to him by his

minister, Hyder Beg Khân, in whose hands the said Hastings has described

his master to be "a mere cipher," &c., but which Hyder Beg was the known

instrument of the said Hastings, but that the conduct and letters of

complaint of the said Hyder Beg were in effect and substance prescribed

and dictated to him by the said Warren Hastings, or his secret agent,

Palmer, by his direction: because it is notorious that the powers of the

said Hyder Beg were solely supported by him, the said Hastings, who,

according to the state of favor or displeasure in which he stood, hath

frequently promised him support or threatened him with dismission and

punishment, and therefore it is not to be thought that he would take so

material a step as to oppose the Company's Resident, acting under the

instructions of the Governor-General and Council, and to accuse him with

so much confidence, and in a manner so different from the usual style of

supplication on all other occasions employed by that court, if he had

not been previously well assured that his writing in that manner would

be pleasing to the person upon whom he solely depended for his power,

his fortune, and perhaps for his life;--secondly, because, when it

suited the purposes of the said Hastings on a former occasion, that is,

in the year 1784 [1781?], to remove the Resident Bristow aforesaid from

his office, a letter from the Nabob was laid before the Council Board at

Calcutta, proposing, that, in order to prevent the effects of the said

Bristow's application to Europe for redress, the said Hastings should

send him drafts of letters which he, the said Nabob, would write in his

own name and character to the King, to his Majesty's ministers, and to

the Court of Directors, expressing himself, in the letter aforesaid, in

the words following, viz., "To prevent his [Bristow's] applying to

Europe, send me, if _you_ think proper, the drafts of letters which _I_

may write to the King, the Vizier, and the chiefs of the

Company";--thirdly, that, though the said Hastings, and his secret

agent, Palmer, did pretend and positively assert that they had no share

in the letters aforesaid from the Nabob and his minister, there was an

original note to the Nabob's letters of accusation, referring to

distinct parts and specified numbers of the agent Palmer's secret

correspondence with the said Warren Hastings, and the said letter, with

the said reference, was, through inadvertence, laid before the board.

LXVI. That the said Warren Hastings, having thrown the government of

Oude into great confusion and distress, and thereby prevented the

discharge of the debt, or pretended debt, to the Company, did, by all

the said intrigues, machinations, and charges, aim at the filling the

said office of Resident at Oude with his own dependants or by himself

personally; as it appears that he did first propose to place in the said

office his secret agent, Palmer, and that afterwards, when he was not

able to succeed therein, he did propose nominally to abolish the said

office, but in effect to fill it by himself,--proposing to the Council

and rendering himself responsible (but not in fortune) for the payment

of the Company's debt within a certain given time, if he were permitted

and commissioned by the Council to act for the board in that province,

and did inform them that he was privately well assured that in a few

days he should receive an invitation to that effect; and he did state,

(as in the year 1781 he had stated as a reason for his former

delegation,) "that the state of the country was so disordered in its

revenue and administration, and the credit and influence of the Nabob

himself so much shook by _the late usurpation_ of his authority, and the

contests which attended it, as to require the accession of an

extraneous aid to restore the powers and to reanimate the constitution

of his government,"--although he, the said Hastings, did for a long time

before attribute the weakness of his government to an extraneous

interference. And the said Council, on his engagement aforesaid, did

consent thereto; and he did accordingly receive a commission, enabling

him to act in the affairs of Oude, not only as the Resident might have

done, but as largely as the Council-General might legally delegate their

own powers.

LXVII. That the said Warren Hastings, in accepting the said commission,

did subject his character and the reputation of his office to great

imputations and suspicions, by taking upon himself an inferior office,

out of which another had upon his intrigues been removed by a perpetual

obstruction which rendered it impossible for him to perform his duty or

to obey his instructions; and he did increase the said grounded

suspicions by exercising that office in a government from whence it was

notorious he had himself received an unlawful gift and present from the

ministers, and in which he had notoriously suffered many, and had

himself actually directed some, acts of peculation, by granting various

pensions and emoluments, to the prejudice of the revenue of a distressed

country, which he was not authorized to grant.

LXVIII. That the said Warren Hastings did proceed unto the said province

of Oude under color of providing a remedy for the disorders described to

be existing in the same, and for the recovery of the Company's

pretended debt. And the said Warren Hastings, who had thought fit to

recall the Company's Resident, appointed to that office by the Court of

Directors, and to suspend his office, did, notwithstanding, of his own

choice and selection, and on his own mere authority, take with him in

his progress a large retinue, "and a numerous society of English

gentlemen to compose his family," which he represents as necessary,

although, in a letter from that very place to which he took that very

numerous society, he informs the Court of Directors "that his own

consequence and that of the nation he represents are independent of

show." And after his arrival there, he, the said Warren Hastings, did

write from Lucknow, the capital of that province, a letter, dated the

30th of April, 1784, to the Court of Directors, in which are several

particulars to the following purport or tenor, and which he points out

to the Directors "to be circumstances of no trivial information,"

namely,--"that he had found that the lands in that province, as well as

in some parts more immediately under the Company, have suffered in a

grievous manner, being completely exhausted of their natural moisture by

the total failure of one entire season of the periodical rains," with a

few exceptions, which were produced only "by the uncommon labor of the

husbandman." And in a letter to Edward Wheler, Esquire, a member of the

Council-General, from Benares, the 20th of September, 1784, he says,

that "_the public revenues_ had declined with the failure of the

cultivation _in three successive years_; and all the stores of grain

which the _providence_ of the husbandmen, (as he was informed is their

_custom_,) in defiance of the _vigilance_ of the aumils [collectors],

_clandestinely reserved for their own use_, were of course exhausted,

in which state no person would accept of the charge of the collections

on a positive engagement; nor did the rain fall till the 10th of July."

And in another letter, dated from Benares, the 1st of October following,

he repeats the same accounts, and that the "country could not bear

further additions of expense: that it had _no inlets of trade_ to supply

the issues that were made from it" (the exceptions stated there being

inconsiderable); "therefore _every rupee_ which is drawn into your

treasury [the Company's] from its circulation will accelerate the period

at which its ability must cease _to pay even the stipulated subsidy_."

Notwithstanding this state of the country, of which he was well apprised

before he left Calcutta, and the poverty and distress of the prince

having been frequently, but in vain, represented to him, in order to

induce him to forbear his oppressive exactions, he did, in order to

furnish the Council with a color for permitting him to recall the

Company's Resident, and to exercise the whole powers of the Company in

his own person, without any check whatsoever, or witness of his

proceedings, except the persons of his own private choice, make the

express and positive engagement aforesaid, which, if understood of a

real and substantial discharge of debt for the relief of the total of

the Company's finances, was grossly fallacious: because at the very time

he must have been perfectly sensible, that, in the then state of the

revenues and country of Oude, (which are in effect the Company's

revenues and the Company's country,) the debt or pretended debt

aforesaid, asserted to be about five hundred thousand pounds, or

thereabouts, could not be paid without contracting another debt at an

usurious interest, without encroaching on the necessary establishments

or on private property or on the pay of the army, or without grievous

oppression of the country, or all these together. And it doth appear

that one hundred thousand pounds towards the said payment of debts was

borrowed at Calcutta by the Nabob's agent there, but at what interest is

not known; it appears also that other sums were borrowed for arrear of

the interest, on which forty thousand pounds sterling appears in the

Company's claims for the current year, and that various deductions were

made from the jaghires restored to the Begums, as well as other parts of

the Nabob's family; and it did and doth appear that an arrear is still

due to the old and new brigade,--but whether the same be growing or not

doth not appear: yet he hath not hesitated to assert that he had

"provided for the _complete_ discharge, in _one_ year, of a debt

contracted by _the accumulation of many_, and from a country whose

resources have been wasted and dissipated by three successive years of

drought and one of anarchy." But the said Hastings never did even

realize the payments to be made in the first year, (as he confesses in

the said letter,) except by an anticipation of the second; and though he

states in his letter aforesaid the following facts and engagements, that

is to say, "_that a recovery of so large a part of your property_ [the

Company's] will afford a seasonable and substantial relief to the

necessities of your government, and enable it (for such is my confident

hope) _to begin on the reduction of your debt at interest_ before the

conclusion of this year (I mean the year of this computation)." Whereas

the said Warren Hastings did apply the whole produce of the revenue to

the mere pay of some part of the British army in Oude; and did not

mention in his correspondence that he had remitted any money whatsoever

to Calcutta, nor to any other place, (except the fifty thousand pounds

taken from Almas Ali Khân, and said to be remitted to Surat,) for the

said "substantial relief," in consequence of the said pretended

"recovery of property,"--admitting that it had been suggested to him,

and not by him denied, that he had "disappointed the popular expectation

by not adopting the policy which he had, _on the conception of better

grounds_, rejected; nor did he begin the reduction of the interest debt"

at the time stated, nor at any time; but the whole (he well knowing the

state of the country from whence the resources aforesaid were by him

promised) was a premeditated deceit and imposition on the Board of

Council, his colleagues, and on the Court of Directors, his masters.

LXIX. That no traces of regulation appear to have been adopted by the

said Warren Hastings during his residence at Lucknow, in conformity to

the spirit and intentions of the treaty of Chunar, or of his

instructions to Middleton and Bristow, or of the proposed objects of his

own commission. But he did, in lieu thereof, pretend to free the Nabob's

government from the interference of the Company's servants, and the

usurpation (as he called it) of a Resident, and thereby to restore it to

its proper tone and energy; whereas the measures he took were such as to

leave no useful or responsible superintendence in the British, and no

freedom in the Nabob's government: for he did confirm the sole,

unparticipated, and entire administration, with all the powers annexed

to the government, on the minister, Hyder Beg Khân, to whom he

_prevailed_ on the Nabob Vizier to commit the entire charge of his

revenues, although he knew that his master was a cipher in his

hands,--that he "had affixed his seal to letters written without his

knowledge, and such as evidently tended to promote Hyder Beg Khân's

influence and interest,"--that his said master did not consider him as a

minister of his choice, but as an instrument of his degradation,--that

"he exists as a minister by his dependence on the Calcutta government,

and that the Nabob himself had no other opinion of him,--that it is by

its _declared_ and most _obvious_ support _alone_ that he could maintain

his authority and influence." And in his instructions to his secret

agent, Major Palmer, dated 6th of May, 1782, to ease his mind and remove

his jealousy with regard to British interference, he did instruct him,

"that much delicacy and caution will be required in your declarations on

this subject, lest they should be construed to extend to an immediate

change in the administration of his affairs, or the instruments of it.

Their persons must be considered as _sacred, while_ they act with the

_participation of our influence_. This distinction the Nabob

_understands_; nor will it be either necessary or proper to allude to

it, unless he himself should first introduce the subject." And the said

Hastings did assume, as to a dependant of the lowest order, to prescribe

to him the conditions on which he is to hold his place,--to threaten him

with scrutinies into his conduct, with dismission, with

punishment,--that he was guilty of falsehood and duplicity, and that he

had made his master assert what was true to be false,--that he suspected

he had withheld from his master what he ought to have paid to him,--that

the event of his having _prevailed_ on the Nabob to intrust him as

aforesaid was, according to his, the said Hastings's, own letter,

written to the said Hyder Beg Khân himself, "an accumulation of

distress, debasement, and dissatisfaction to the Nabob, and of

disappointment and disgrace to me. Every measure which he had himself

proposed, and to which he had solicited my assistance, has been so

conducted as to give him cause of displeasure; there are no officers

established by which his affairs could be regularly conducted; mean,

incapable, and indigent man have been appointed aumils of the districts,

without authority, and without the means of personal protection; some of

them have been murdered by the zemindars, and those zemindars, instead

of punishment, have been permitted to retain their zemindaries with

independent authority; all the other zemindars suffered to rise up in

rebellion, and to insult the authority of the sircar, without any

attempt made to suppress them; and the Company's debt, instead of being

discharged by the assignments, and extraordinary sources of money

provided for that purpose, is likely to exceed even the amount at which

it stood at the time in which the arrangement with his Excellency was

concluded. _The growth of these evils was early made known to me, and

their effects foreboded in the same order and manner as they have since

come to pass._ In such a state of calamity and disgrace, I can no longer

remain a passive spectator; nor would it be becoming to conceal my

sentiments, or qualify the expression of them. I now plainly tell you,

that you are answerable for every misfortune and defect of the Nabob

Vizier's government." And after giving orders, and expressing some hopes

of better behavior, he adds, "If I am disappointed, you will impose on

me the painful and humiliating necessity of acknowledging to him that I

have been deceived, and of recommending the examination of your conduct

to his justice, both for the redress of his own and the Company's

grievances, and for the injury sustained by both in their mutual

connection. _Do not reply to me_, that what I have written is from the

suggestion of your enemies; nor imagine that I have induced myself to

write in such plain and declaratory terms, without a clear insight into

all the consequences of it, and a fixed determination upon them."

LXX. That the aforesaid being the tenure of the power of the said

minister, and such his character, as given by the said Warren Hastings

himself, who did originally compel the Nabob to receive him, who did

constantly support him against the Nabob, his master, as well as against

the Company's Resident,--the delivering over to such a person his

master, his family, his country, and the care of the British interests

therein, without control or public inspection, was an high crime and

misdemeanor.

LXXI. That the next person whom the said Hastings did invest with power

in the said country was a certain opulent and powerful native manager of

revenue, called Almas Ali Khân, closely connected with the said Hyder

Beg Khân, and to whom the said Hyder Beg Khân, as the said Hastings has

admitted, "had intrusted the _greatest_ part of his revenues, without

any pledge or security for his fidelity." And afterwards the said

Hastings charges the said Almas Ali with an intention of removing from

the Nabob's dominions: he states, "as taking with him," and therefore

being possessed of, "an immense treasure, the fruits of his

embezzlements and oppressions, and an army raised for its protection."

LXXII. That the said Warren Hastings was, or pretended to be, impressed

with the evil character, dangerous designs, and immoderate power of the

said Almas Ali; that he did insert among his instructions to the

Resident Bristow an order of a dangerous and unwarrantable nature, in

which, upon his, the said Hastings's, simple allegation of offences, not

accurately described or specified, with regard either to the fact, the

nature of the offence, or the proof, he was required to urge the Nabob

to put him to death, with many qualifications in the said instructions,

full of fraud and duplicity, calculated to insnare the said Resident

Bristow, and to throw upon him the responsibility of the conduct of the

said Almas Ali Khân, if he should continue at large contrary to his

orders, or to subject him, the said Resident, to the shame and scandal

of apprehending and putting him to death by means which, in the

circumstances, must necessarily be such as would be construed into

treachery, and he, the said Almas Ali Khân, being from nature and

situation suspicious and watchful, and being at that very time in the

collection, or farmer of the most important part of the revenues, with

an extensive jurisdiction annexed, and at the head of fourteen thousand

of his own troops, and having been recently accepted by the Resident

Middleton as security for large sums of money advanced by the bankers of

Benares to the use of the East India Company; which orders (if the said

Resident would or could have executed them) must have raised an

universal alarm among all the considerable men of the country concerned

in the government, and would have been a means of subverting the public

credit of the Company, by the murder of a person engaged for very great

sums of money that had been advanced for their use. And the said

instruction is as followeth.

"If any engagement shall actually subsist between them at the time you

have charge of the Residency, it must, however exceptionable, be

faithfully observed; but if he has been guilty of any criminal offence

to the Nabob, his master, for which no immunity is provided in the

engagement, or he shall break any one of the conditions of it, I do most

strictly enjoin you, and it must be your special care to endeavor,

_either by force or surprise_, to secure his person and bring him to

justice. By bringing him to justice I mean, that you urge the Nabob, on

due conviction, _to punish him with death_, as a necessary example to

deter others from the commission of the like crimes; nor must you desist

till this is effected. I cannot prescribe the means; but to guard myself

against the obloquy to which I may be exposed by a forced

misconstruction of this order by those who may hereafter be employed in

searching our records for cavils and informations against me, I think it

proper to forbid and protest against the use of any _fraudulent artifice

or treachery to accomplish the end which I have prescribed_; and as you

alone are privy to the order, you will of course observe the greatest

secrecy, that it may not transpire: but I repeat my recommendation of

it, as one of the first and most essential duties of your office."

LXXIII. That, among the reasons assigned for putting to death the said

Almas Ali, which the said Hastings did recommend directly and repeatedly

to the Resident, "as one of the first and most essential duties of his

office," was, in substance, "that, by his extensive trust with regard to

the revenues, he had been permitted to acquire independency; that the

means thereof had been long seen and the effects thereof foretold by

every person acquainted with the state of government, except those

immediately interested in it"; and he, the said Warren Hastings, did

also charge the said Almas Ali with embezzlement of the revenues and

oppression of the people; and nothing appears to disprove the same, but

much to give ground to a presumption that the said Almas Ali did

grievously abuse the power committed to him, as farmer and collector of

the revenue, to the great oppression of the inhabitants of the countries

which had been rented to him by Hyder Beg Khân with the knowledge and

consent of the said Warren Hastings.

LXXIV. That the Resident, Bristow, declining the violent attempt on the

life of Almas Ali deceitfully ordered by the said Warren Hastings, did,

on weighty reasons, drawn from the spirit of the said Hastings's own

instructions, recommend that his, the said Almas Ali Khân's, farms of

revenue, or a great part of them, should be, on the expiration of his

lease, taken out of his hands, as being too extensive, and supplying the

means of a dangerous power in the country; but yet he, the said Warren

Hastings, did not only continue him in the possession of the said

revenues, but did give to him a new lease thereof for the term of five

years. And on this renovation and increase of trust, the said Warren

Hastings did not consent to produce the informer upon whose credit he

had made his charge of capital crimes on the said Almas Ali, and had

directed him to be put to death, or call upon him to make good his

charges; but, instead of this, totally changing his relation to the said

Almas Ali, did himself labor to procure from all parts attestations to

prove him not guilty of the perfidy and disloyalty of which the said

Hastings himself appears to have been to that very time his sole

accuser, as he hath since been his most anxious advocate: but though he

did use many endeavors to acquit Almas Ali of his intended flight, yet

concerning his embezzlements and oppressions, the most important of all

charges relative to that of the revenue and collection, he, the said

Hastings, hath made no inquiry whatever; by which it might appear that

he was not as fully guilty thereof as he had always represented him to

be. But some time after he, the said Warren Hastings, had arrived at

Lucknow, in the year 1784, he suggested to the said Almas Ali Khân the

_advance_ to the Company's use of a sum of money amounting to fifty

thousand pounds or thereabouts; and the said suggested advance was (as

the said Warren Hastings asserts, no witness or document of the

transaction appearing) "cheerfully and without hesitation complied with,

considering it as an _evidence seasonably_ offered for the general

refutation of the charges of perfidy and disloyalty": which practice of

charging wealthy persons with treason and disloyalty, and afterwards

acquitting them on the payment of a sum of money, is highly scandalous

to the honor, justice, and government of Great Britain; and the offence

is highly aggravated by the said Hastings's declaration to the Court of

Directors that the charges against Almas Ali Khân have been too

laboriously urged against him, and carried at one time to such an excess

as had nearly driven him to abandon his country "_for the preservation

of his life and honor_," and thus to give a "color to the charges

themselves," when he, the said Warren Hastings, did well know that he

himself did consider as a crime, and did make it an article in a formal

accusation against the Resident Middleton, that he did not inform him,

the said Hastings, of the supposed treasons of Almas Ali Khân, and of

his design to abandon the country, when he himself did most laboriously

urge the charges against him, and when no attempt appears to have been

made against the life of the said Almas Ali Khân except by the said

Warren Hastings himself.

LXXV. That the sum of fifty thousand pounds sterling, or thereabouts,

publicly taken by the said Warren Hastings, as an _advance_ for the use

of the Company, if given as a consideration or fine, on account of the

renewal for a long term of civil authority and military command, and the

collection of the revenues to an immense amount, the same being at least

eight hundred thousand pounds sterling yearly, was so totally inadequate

to the interest granted, that it may justly be presumed it was not on

that, or on any public ground or condition, that the said Hastings did

delegate, out of all reach of resumption or correction, a lease of

boundless power and enormous profit, for so long a term, to a known

oppressor of the country.

LXXVI. That Warren Hastings, being at Lucknow in consequence of his

deputation aforesaid, did, in his letter from that city, dated 30th of

April, 1784, recommend to the Court of Directors, "as his _last and

ultimate hope_, that their wisdom would put a _final_ period to _the

ruinous and disreputable system_ of interference, whether _avowed or

secret_, in the affairs of the Nabob of Oude, and withdraw _forever the

influence_ by which it is maintained," and that they ought to confine

their views to the sole maintenance of the old brigade stationed in Oude

by virtue of the first treaty with the reigning Nabob, expressing

himself in the following words to the Court of Directors. "If you

transgress that line, you may extend _the distribution of patronage, and

add to the fortunes of individuals_, and to the nominal riches of Great

Britain; but your _own_ interests will suffer by it; and _the ruin of a

great and once flourishing nation will he recorded as the work of your

administration, with an everlasting reproach to the British name_. To

this reasoning I shall join _the obligations of justice and good faith,

which cut off every pretext for your exercising any power or authority

in this country, as long as the sovereign of it fulfils the engagements

he has articled with you_."

LXXVII. That it appears by the extraordinary recommendation aforesaid,

asserted by him, the said Hastings, to be enforced by the

"_obligations of justice and good faith_," that the said Warren

Hastings, at the time of writing the said letter, had made an

agreement to withdraw the British interference, represented by him as

a "ruinous and disreputable system," out of the dominions of the Nabob

of Oude. But the instrument itself, in which the said agreement is

made, (if at all existing,) does not appear; nor hath the said

Hastings transmitted any documents relative to the said treaty, which

is a neglect highly criminal,--especially as he has informed the

Company, in his letter from Benares, "that he has promised the Nabob

that he will not abandon him to the _chance_ of any other mode of

relation, and most confidently given him assurance of _the

ratification and confirmation_ of that which he [the said Hastings]

had established between his government and the Company": the said

_confident assurance_ being given to an agreement never produced, and

made without any sort of authority from the Court of Directors,--an

agreement precluding, on the one hand, the operation of the discretion

of his masters in the conduct of their affairs, or, on the other,

subjecting them to the hazard of an imputation on their faith, by

breaking an engagement confidently made in their name, though without

their consent, by the first officer of their government.

That the said Hastings, further to preclude the operation of such

discretionary conduct in the administration of this kingdom as

circumstances might call for, has informed the Directors that he has

gone so far as even to condition the existence of the revenue itself

with the exclusion of the Company, his masters, from all interference

whatsoever: for in his letter to Mr. Wheler, dated Benares, 20th

September, 1784, are the following words. "The aumils [collectors]

demanded that a clause should be inserted in their engagements, that

they were to be in full force for the complete term of their leases,

_provided that no foreign authority_ was exercised over them,--or, in

other words, _that their engagements were to cease whenever they should

be interrupted in their functions by the interference of an English

agent_. This requisition was officially notified to me by the acting

minister, and referred to me in form by the Nabob Vizier, for my

_previous_ consent to it. I encouraged it, and I gave my consent to

it." And the said Hastings has been guilty of the high presumption to

inform his said masters, that he has taken that course to compel them

not to violate the assurances given by him in their name: "There is one

condition" (namely, the above condition) "which _essentially connects

the confirmation of the settlement itself with the interests of the

Company_."

LXXVIII. That the said Warren Hastings, who did show an indecent

distrust of the Company's faith, did endeavor, before that time, at

other times, namely, in his instructions to his secret agent, Major

Palmer, dated the 6th of May, 1782, to limit the confidence to be

reposed in the British government to the duration of his own power, in

the following words in the fifth article. "It is very much my desire to

impress the Nabob with a _thorough_ confidence in the faith and justice

of our government,--that is to say, _in my own_, while I am at the head

of it: I cannot be answerable for the acts of others independent of me."

LXXIX. That the said Warren Hastings did, in his letter, dated Benares,

the 1st of October, 1784, to the Court of Directors, write, "that, if

they [the Directors] manifested no _symptoms_ of an (1.) _intended_

interference, the objects of his engagements will be obtained; (2.) but

if a different policy shall be adopted,--if new agents are sent into the

country, and armed with authority for the purposes of vengeance or

corruption (_for to no other will they be applied_),--if new demands are

made on the Nabob Vizier, (4.) and accounts overcharged on one side,

with a wide latitude taken on the other, to swell his debt beyond the

means of payment,--(5.) if political dangers are portended, to ground on

them the plea of burdening his country with unnecessary defences and

enormous subsidies,--(6.) or if, even abstaining from _direct

encroachment on the Nabob's rights_, your government shall show but _a

degree of personal kindness to the partisans_ of the late usurpation, or

by any constructive indication of partiality and dissatisfaction

_furnish_ grounds for the _expectation_ of an _approaching_ change of

system,--I am sorry to say, that all my labors will prove abortive."

LXXX. That all the measures deprecated in future by the said Warren

Hastings, with a reference to former conduct, in his several letters

aforesaid, being (so far as the same are intelligible) six in number,

have been all of them the proper acts and measures of the said Warren

Hastings himself. For he did himself first of all introduce, and did

afterwards continue and support, that interference which he now informs

the Court of Directors "is ruinous and disreputable, and which the very

_symptoms_ of an _intention_ to renew" he considers in the highest

degree dangerous; he did direct, with a controlling and absolute

authority, in every department of government, and in every district in

the dominions of the Nabob of Oude. Secondly, the appointment of agents,

which was eminently the act of his own administration: he not only

retaining many agents in the country of Oude, both "_secret and

avowed_," but also sending some of them, in defiance to the orders of

that very Court of Directors, to whom, in his said letter of the 1st of

October, 1784, he assigns "vengeance and corruption" as the only motives

that can produce such appointments. Thirdly, that he, the said Warren

Hastings, did instruct one of the said agents, and did charge him upon

pain of "_a dreadful responsibility_," to perform sundry acts of

violence against persons of the highest distinction and nearest relation

to the prince; which acts were justly liable to the imputation of

"_vengeance_" in the execution, and which he, in his reply to the

defence of Middleton to one of his charges, did declare to be liable to

the suspicion of "_corruption_ in the relaxation." Fourthly, that he did

raise new demands on the Vizier, "and overcharge accounts on one side

and take a wide latitude on the other," by sending up a new and before

unheard-of overcharge of four hundred thousand pounds and upwards, not

made by the Resident or admitted by the Vizier, and, by adding the same,

did swell his debt "beyond the means of payment"; and did even insert,

as the ninth article of his charge against Middleton, "his omitting to

take any notice of the additional balance of Rupees 26,48,571, stated by

the Accountant-General to be due from the Vizier on the 30th of April,

1780," to which he did add fourteen lac more, making together the above

sum. Fifthly, that he, the said Warren Hastings, did assign "political

dangers," in his minute of the 13th December, 1779, for burdening the

said Nabob of Oude "with unnecessary defences and enormous subsidies,"

with regard to which he then declared, that "it was _our_ part, not

_his_ [the Nabob's], to judge and to determine." And, sixthly, that he

did not only show the _design_, but the _fact_, of personal kindness to

the partisans of what he here calls, as well as in another letter, and

in one Minute of Consultation, a "late usurpation,"--he having rewarded

the principal and most obnoxious of the instruments of the said late

usurpation, (if such it was,) Richard Johnson, Esquire, with an

honorable and profitable embassy to the court of the Nizam.

LXXXI. That the said Warren Hastings, therefore,--by assuming an

authority which he himself did consider as an _usurpation_, and by acts

in virtue of that usurped authority, done in his own proper person and

by agents appointed by himself, and proceeding (though with some

mitigation, for which one of them was by him censured and accused) under

his own express and positive orders and instructions, and thereby

establishing, as he himself observed, "a system of interference,

disreputable and ruinous, which could only be subservient to promote

patronage, private interest, private embezzlement, corruption, and

vengeance," to the public detriment of the Company, "and to the ruin of

a once flourishing nation, and eternally reproachful to the British

name," and for the evil effects of which system, "as his sole and

ultimate hope" and remedy, he recommends an entire abdication, forever,

not only of all power and authority, but even of the interference and

influence of Great Britain,--is guilty of an high crime and misdemeanor.

LXXXII. That the said Warren Hastings, in his letter from Chunar of the

29th of November, 1781, has represented that very influence and

interference, which in three public papers he denominates "_a late

usurpation_" as being authorized by a regular treaty and agreement,

voluntarily made with the Nabob himself, at a place called Chunar, on

the 19th of September, 1781, a copy of which hath been transmitted to

the Court of Directors,--and that three persons were present at the

execution of the same, two whereof were Middleton and Johnson, his

agents and Residents at Oude, the third the minister of the Nabob. And

he did, in his paper written to the Council-General, and transmitted to

the Court of Directors, not only declare that the said interference was

agreed to by the said Nabob, and sealed with his seal, but would be

highly beneficial to him: assuring the said Council, "that, if the

Resident performed his duty in the execution of his [the said

Hastings's] instructions, the Nabob's part of the engagement will prove

of still greater benefit to him than to our government, in whose behalf

it was exacted; and that the _participation_ which is allowed our

Resident in the _inspection_ of the public treasure will secure the

receipt of the Company's demands, whilst _the influence which our

government will ALWAYS possess over the public minister of the Nabob,

and the authority of our own_, will be an effectual means of securing an

attentive and faithful discharge of their several trusts, both towards

the Company and the Vizier."

LXXXIII. And the said Warren Hastings did not only settle a plan, of

which the agency and interference aforesaid was a part, and assert the

beneficial consequences thereof, but did also record, that the same "was

a great public measure, constituted on a large and _established system_,

and destructive, in its instant effects, of the interest and fortune of

many patronized individuals"; and in consequence of the said treaty, he,

the said Warren Hastings, did authorize and positively require his agent

aforesaid to interfere in and control and regulate _all the Nabob's

affairs whatsoever_: and the said Warren Hastings having made for the

Company, and in its name, an acquisition of power and authority, even if

it had been abused by others, he ought to have remedied the abuse, and

brought the guilty to condign punishment, instead of making another

treaty without their approbation, consent, or knowledge, and to this

time not communicated to them, by which it appears he has annulled the

former treaty, and the authority thereby acquired to the Company, as a

grievance and usurpation, to which, from the general corruption of their

service, no other remedy could be applied than a formal renunciation of

their power and influence: for which said actings and doings the said

Warren Hastings is guilty of an high crime and misdemeanor.

LXXXIV. That the Company's army in India is an object requiring the most

vigilant and constant inspection, both to the happiness of the natives,

the security of the British power, and to its own obedience and

discipline, and does require that inspection in proportion as it is

removed from the principal seat of government; and the number and

discipline of the troops kept up by the native princes, along with

British troops, is also of great moment and importance to the same ends.

That Warren Hastings, Esquire, pretending to pursue the same, did, in

virtue of an authority acquired by the treaty of Chunar aforesaid, give

strict orders, and to which he did demand _a most implicit obedience_,

that _all_ officers of the Nabob's army should be appointed "with _the

concurrence of the Resident_," and supposing the case that persons of

obnoxious description or of known disaffection to the British government

should be appointed, (of which he left the Resident to be the judge,)

he did direct in the following words: "You are in such case to

remonstrate against it; and if the Vizier should persist in his choice,

you are peremptorily, _and in my name_, to oppose it as _a breach of his

agreement_"; and he did also direct that the "_mootiana_ [or soldiers

employed for the collection of revenue] should be reformed, and reduced

into one corps for the whole service, and that _no_ infantry should be

left in the Nabob's service but what may be necessary for his

bodyguard"; and he did further order and direct as follows: "That in

quelling disturbances the commander of the forces should assist you [the

said Resident] on the requisition of the Vizier communicated through you

to him [the said commander], _or at your own tingle application_. It is

directed that the regiment ordered for the immediate protection of your

office and person at Lucknow shall be relieved every three months, and

during its stay there shall act solely and exclusively under your

orders." And it appears in the course of the Company's correspondence,

that the country troops under the Nabob's sole direction would be

ill-disciplined and unserviceable, if not worse, and therefore the said

Warren Hastings did order that "no infantry should be kept in his

service"; yet it appears that the said Warren Hastings did make an

arrangement for a body of native troops wholly out of the control or

inspection of the British government, and left a written order in the

hands of Major Palmer (one of _his_ agents, who had been continued

there, though the Company was not permitted to employ any) to be

transmitted to Colonel Cumming as soon as an adequate force shall be

provided _for the defence of the Nabob's frontier_ by detachments from

_the Nabob's own battalions_,--the said Colonel Cumming's forces, whom

the others were to supersede and replace, consisting wholly of infantry,

and which, being intended for the same service, were probably of the

same constitution.

LXXXV. That the old brigade of British troops, which by treaty was to

remain, had been directed, by the instructions of the said Hastings to

the Resident Middleton and to the Resident Bristow, "not to be employed

at the requisition of the Vizier any otherwise than through the

Resident"; and the said direction was properly given,--it not being fit

that British troops should be under the sole direction of foreign

independent princes, or of any other than the British government: yet,

notwithstanding the proper and necessary direction aforesaid, he, the

said Warren Hastings, hath left the said troops, by his new treaty,

without any local control, or even inspection, notwithstanding his

powers under the treaty of Chunar, and his own repeated orders, and

notwithstanding the mischiefs and dangers which the said Warren Hastings

did foresee would result therefrom, if left under the sole direction of

the Nabob, and their own discretion, the said Hastings having stipulated

with the said Nabob not to exercise any authority, or even influence,

_secret_ or _avowed_, within his dominions.

LXXXVI. That the crime of the said Warren Hastings, in attempting thus

to abandon the British army to the sole discretion of the Nabob of Oude,

is exceedingly aggravated by the description given by him severally of

the said Nabob of Oude, and of the British army stationed for the

defence of his dominions. In his letters to the Court of Directors, and

in his Minutes of Consultation, and particularly in his letter of ----,

immediately on the accession of the Nabob, he did inform the said Court,

"that the Nabob had not, by all accounts, the qualities of the head or

heart which fitted him for that office, though there was no dispute

concerning his right to succeed"; and some years afterwards, when his

accounts must have been rendered more certain, he did, in his Minute of

Consultation of the 15th of December, 1779, (regularly transmitted to

the Court of Directors,) upon a discussion for withdrawing certain

troops kept up in the Nabob's country without his consent, by him, the

said Warren Hastings, strongly urge as follows,--"the _necessity_ of

maintaining the influence and force which we possess in the country;

that the disorders of his state [the Nabob of Oude's state] and

dissipation of his revenues are the effects of his own conduct, which

has failed, not so much from the usual effects of _incapacity_ as from

the detestable choice he has made of the ministers of his power and the

participation of his confidence. I forbear to expatiate further on his

character; it is sufficient that I am understood by the members of this

board, who must know the truth of my allusions. Mr. Francis" (a member

of the board) "surely was not aware of the injury he did me [Warren

Hastings] by attributing to the spirit of party the character I gave

Asoph ul Dowlah [the Nabob of Oude]; he himself knows it _to be true;

and it is one of those notorieties which supersede the necessity of any

evidence. I was forced to the allusion I made by the imputation cast on

this government, as having caused the evils which prevail in the

government of the Nabob of Oude, which I could only answer by ascribing

them to their true cause, the character and conduct of the Nabob of

Oude."_ And the Resident (appointed by the said Hastings, against the

orders of the Court of Directors, as his particular confidential

representative, one whom the said Nabob did himself request might be

continued with him _by an engagement in writing forever_) did some time

before, that is, on the 3d of January, 1779, assure the said Hastings

and the Council-General, that "such is his Excellency's [the Nabob of

Oude's] disposition, and so entirely has he lost the confidence and

affections of his subjects, that, unless some restraint is imposed on

him which would effectually secure those who live under the protection

of his government from violence and oppression, I am but too well

convinced that no man of reputation or property will long continue in

these provinces"; and that the said Resident proceeds to an instance of

oppression and rapine, "out of _many_ of the Nabob's, which has caused a

total disaffection and want of confidence among his subjects: he hoped

the board would take it into their humane consideration, and interpose

their _influence_, and prevent an act which would inevitably bring

disgrace upon himself, and a proportionable degree of discredit on the

national character of the English, which I consider to be more or less

concerned in every act of his administration."

LXXXVII. That no exception was ever taken by the said Warren Hastings to

the truth of the facts, or to the justness of the observation of the

said Resident, which he did transmit to the Court of Directors. And the

said Warren Hastings, in his letter from Chunar, dated the 29th of

November, 1781, speaking of the restraints which had been put by him,

the said Hastings, on the Nabob, relative to his own _mootiana_, or

forces for collection and police, and the necessity of giving the

Resident a control in the nomination of the officers of his army, has

asserted, "that the necessity of the reservation arose from a too well

known defect in the Nabob's character: if this _check_ be withdrawn, and

the choice left absolutely to the Nabob, the first commands in his army

will be filled with the most worthless and abandoned of his subjects:

his late commander-in-chief is a signal and scandalous instance of

this."

LXXXVIII. And the said Warren Hastings, in his letter to the Court of

Directors, dated Benares, the 15th of October, 1784, even after he had

made the aforesaid renunciation of the Company's authority and influence

to the Nabob, did write, "that the Nabob, though most gentle in his

manners, and endued with an understanding much above the common level,

has been _unfortunately bred up in habits_ that draw his attention too

much from his own affairs, and often subject him to the guidance of

_insidious and unworthy confidants_"; which, though more decently

expressed with regard to the Nabob than in his former minutes,

substantially agrees with them. And the said Warren Hastings did inform

the Court of Directors, after he had solemnly covenanted to withdraw all

the Company's influence on the assurances and promises of a person so by

himself described, that, for reasons grounded on his knowledge of the

imbecility of the character of the Nabob, he waited in a frontier town,

"that he might be at hand to counteract any attempt to defeat the effect

of his proceedings at Lucknow"; and in his letter to Mr. Wheler from the

same place he did write in the following words: "I am still near enough

to attend to the first effects of the execution, and to interfere with

my influence for the removal of any obstructions to which they are or

may be liable." He therefore found that there was none or but an

insufficient security to the effect of his treaty, but in his own direct

personal violation of it. What otherwise was wanting in the security for

the Nabob's engagements was to be supplied as follows: "The most

respectable persons of his family will be employed to counteract every

other which may tend to warp him from it; and I am sorry to say _that

such assistance was wanting_." And in another letter, "that he had equal

ground to expect every degree of support which could be given it by _the

first characters of his family_, who are warmly and zealously interested

in it": the principal male character of the family, and of the most

influence in that family, being Salar Jung, uncle to the Nabob; and the

first female characters of the family being the mother and grandmother

of the reigning sovereign: all of whom, male and female, he, the said

Warren Hastings, in sundry letters of his own, in the transmission of

various official documents, and even in affidavits studiously collected

and sworn before Sir Elijah Impey during his short residence at Lucknow

and Benares, did himself represent as persons entirely disaffected to

the English power in India,--as having been principal promoters, if not

original contrivers, of a general rebellion and revolt for the utter

extirpation of the English nation,--and as such, he, the said Warren

Hastings, did compel the Nabob reluctantly to take from them their

landed estates; and yet the said Warren Hastings has had the presumption

to attempt to impose on the East India Company by pretending to place

his reliance on those three persons for a settlement favorable to the

Company's interests, on his renunciation of all their own power,

authority, and influence, and on his leaving their army to the sole and

uncontrolled discretion of a stranger, meriting in his opinion the

description given by him as aforesaid, as well as by him frequently

asserted to be politically incapable of supporting his own power without

the aid of the forces of the Company. And the offence of the said Warren

Hastings, in abandoning a considerable part of the British army in the

manner aforesaid, is much increased by the description which he has

himself given of the state of the said army, and particularly of that

part thereof which is stationed in the Nabob of Oude's dominions: for he

did himself, on the 29th of November, 1781, transmit the information

following, on that subject, to the Court of Directors, namely,--"that

the remote stations of those troops, placing the commanding officers

beyond the notice and control of the board [the Council-General] at

Calcutta, afforded too much of opportunity and temptation for

unwarrantable _emoluments, and excited the contagion of peculation and

rapacity throughout the whole army_. A most remarkable instance and

uncontrovertible proof of the prevalence of this spirit has been seen in

the court-martial upon Captain Erskine, where the court, composed of

officers of rank, and respectable characters, unanimously and honorably,

(_most_ honorably,) upon an acknowledged fact, acquitted him, which in

times of stricter discipline would have been deemed a crime deserving

the severest punishment." From which representation (if the said Warren

Hastings did not falsely and unjustly accuse and slander the Company's

service) it appeared that the peculation which infected the whole army,

derived from the taint which it had in Oude, and so fatal to the

discipline of the troops, would be dangerously increased by his treaty

and agreement aforesaid with the Nabob, and by his own said evil counsel

to the Court of Directors.

LXXXIX. That it appears, after the said Warren Hastings had, on grounds

so disgraceful to the British nation and government, agreed to remove

forever the British influence and interference from the government of

Oude, on account of the disorders in the said government, solely

produced by his own criminal acts and criminal connivances, that he did

overturn his own settlement as soon as he had made it, and did, after he

had abolished the Company's Residency, as a grievance, wholly violate

his own solemn agreement: for he did, for his private purposes, continue

therein his own private agent, Major Palmer, with a number of officers

and pensioners, at a charge to the revenues of the country greatly

exceeding that of the establishment under Mr. Bristow, which he did

represent as frightfully enormous, and which he pretended to remove: the

former amounting to 112,950_l._, the latter only to 64,202_l._

XC. That his own secret agent, Major Palmer, did receive a salary or

allowance, equal to 22,800_l._ a year, out of the distressed province

of Oude; and this the said Palmer did declare not to be more than he

absolutely did really and _bonâ fide_ spend, and that he had

retrenched considerably "in some of the articles since the expense has

been borne by the Vizier, and in every particular he made as little

parade and appearance as his station would admit,"--his station being

that of the said Warren Hastings's private agent. But if the said

large salary must be considered as merely equal to the expenses, large

secret emoluments must be presumed to attend it, in order to make it a

place advantageous to the holder thereof. That the said Palmer did

apply to the board at Calcutta for a new authority to continue the

said establishments,--he conceiving their continuance, "after the

period of the Governor-General's departure, depended upon the pleasure

of the board, and not upon the _authority of the Governor-General,

under the sanction of which they were established or confirmed_."

XCI. That the said Warren Hastings, in order to ruin the Resident

Bristow, and to justify himself for his former proceedings respecting

him, did bring before the board a new charge against him, for having

paid a large establishment of offices and pensions to the Company's

servants from the revenues of Oude; and the said Bristow, in making his

defence against the charge aforesaid, did plead, that he had found all

the allowances on his list established before his last appointment to

the Residency,--that they had grown to that excess in the interval

between his first removal by the said Warren Hastings and his

reappointment; and having adduced many reasons to make it highly

probable that the said Hastings was perfectly well acquainted with it,

and did approve of the expensive establishments which he, the said

Bristow, simply had paid, but not imposed, he did allege, besides the

official assurances of his predecessor, Middleton, certain facts, as

amounting to a direct proof that the Governor-General, Warren Hastings,

was not averse to the Vizier's granting large salaries to more than one

European gentleman. And the first instance was to Mr. Thomas, a surgeon,

who, exclusive of his pay from the Company, which was 1,440_l._ a year,

claimed from the Vizier, with Mr. Hastings's knowledge, the sum of

9,763_l._ a year, and upwards, making together 11,203_l._ per annum. The

next was Mr. Trevor Wheler, who did receive, upon the same

establishment, when he was Fourth Assistant at Oude, 6,000_l._ a year;

and which last fact the said Hastings has admitted upon record "that the

accusations of Mr. Bristow and Mr. Cowper did _oblige_ and _compel_ him

to acknowledge,"--denying, at the same time, that the allowances of the

Residents Middleton and Bristow, except in this single instance, were

ever authorized by him; whereas his own agent, Palmer, did, in his

letter of the 27th of March, 1785, represent, that the said salaries and

allowances (if not more and larger) were by him authorized or confirmed.

XCII. That the aforesaid Bristow did also produce the following letter

in proof that Mr. Hastings knew and approved of large salaries to

British subjects upon the revenues of Oude, and which he did declare

that nothing but the necessity of self-defence could have induced him to

produce.

'DEAR BRISTOW,--

"Sir Eyre Coote has some field-allowances to receive from the Vizier;

they amount to Sicca Rupees 15,554 per month, and he has been paid up by

the Vizier to the 20th of August, 1782. The Governor has directed me to

write to you, to request you to receive what is due from the Vizier

from the 20th August last, at the rate of Lucknow Sicca Rupees 15,664

per month, and send me a bill for the amount, the receipt of which I

will acknowledge in the capacity of Sir Eyre Coote's attorney; and the

Governor desires that you will continue to receive Sir Eyre Coote's

field-allowances at the same rate, and remit the money to me as it comes

in.

(Signed) "CHARLES CROFTES.

"CALCUTTA, January 25, 1783."

XCIII. That Sir Eyre Coote aforesaid was at the time of the said

field-allowances not serving in the country of Oude, on which the said

allowances were charged, but in the Carnatic.

XCIV. That, from the declaration of the said Hastings himself, that it

was the conviction of Mr. Bristow and Mr. Cowper that could alone

_oblige_ and _compel_ him to _acknowledge_ certain of his aforesaid

practices, and that nothing _but the necessity of self-defence_ could

have induced Mr. Bristow to make public another and much stronger

instance of the same, it is to be violently presumed, that, where these

two, or either, or both necessities did not exist, many evil and

oppressive practices of the said Hastings do remain undiscovered,--that,

if it had not been for the contests between him, the said Hastings, and

the Resident Bristow, not only the before-mentioned particulars, but the

whole of the expensive civil establishments for English servants at

Oude, would have been forever concealed from the Directors and from

Parliament: and yet the said Hastings has had the audacity to pretend so

complete an ignorance of the facts, that, representing the Vizier as

objecting to the largeness of the payments made by Bristow, and stating

a very reduced list, which he was willing to allow for, amounting to

30,000_l._ a year, the said Hastings did affect to be alarmed at the

magnitude even of the list so curtailed, expressing himself as follows,

in his minute of the 7th of December, 1784: "For my own part, when the

Vizier's minister first informed me that the amount which his master had

authorized, and was willing to admit, for the charges of the Residency,

and the allowances of the gentlemen at Lucknow, was 25,000 rupees per

month, I own I was startled at the magnitude of the sum, and was some

days hesitating in my mind whether I could with propriety admit of it":

whereas he well knew that the three sums alone of which the necessities

aforesaid had compelled the discovery did greatly exceed that sum of

which at the first hearing he affects to have been so exceedingly

alarmed and thrown into a state of hesitation which continued for some

days, and although he, the said Hastings, was conscious that he had at

the very time authorized an establishment to more than four times the

amount thereof.

XCV. That, in the said deceits, prevarications, contradictions,

malicious accusations, fraudulent concealments, and compelled

discoveries, as well as in the said secret, corrupt, and prodigal

disposition of the revenues of Oude, as well as in his breach of faith

to the Nabob, in continuing expensive establishments under a private

agent of his own after he had agreed to remove the Company's agent, the

said Warren Hastings is guilty of an high offence and misdemeanor.

XVII.--MAHOMED REZA KHÂN.

I. That it was the declared policy of the Company, on the acquisition of

the dewanny of Bengal, to continue the country government, under the

inspection of the Resident at the Nabob's durbar in the first instance,

and that of the President and Council in the last; and for that purpose

they did stipulate to assign, for the support of the dignity of the

Nabob, an annual allowance from the revenues, equal to four hundred

thousand pounds a year.

II. That, during the country government, the principal active person in

the administration of affairs, for rank, and for reputation of probity,

and of knowledge in the revenues and the laws, was Mahomed Reza Khân,

who, besides large landed property, was possessed of offices whose

emoluments amounted nearly, if not altogether, to one hundred thousand

pounds a year.

IV.[16] That the Company's servants, in the beginning, were not

conversant in the affairs of the revenue, and stood in need of natives

of integrity and experience to act in the management thereof. On that

ground, as well as in regard to the rank which Mahomed Reza Khân held in

the country, and the confidence of the people in him, they, the

President and Council, did inform the Court of Directors, in their

letter of the 30th of September, 1765, that, "as Mahomed Reza Khân's

short administration was irreproachable, they determined to continue him

in a share of the authority"; and this information was not given

lightly, but was founded upon an inquiry into his conduct, and a minute

examination of charges made against him by his rivals in the Nabob's

court,--they having insinuated to the Nabob that a design was formed for

deposing him, and placing Mahomed Reza on his throne; but, on

examination, the President and Council declare, that "he had so openly

and candidly accounted _for every rupee_ disbursed from the treasury,

that they could not, without injury to his character, and injustice to

his conduct during his short administration, refuse continuing him in a

share of the government."

V. That the Company had reason to be satisfied with the arrangement

made, so far as it regarded him: the President and Council having

informed them, in the following year, in their letter of the 9th of

December, 1766, that "the _large_ increase of the revenue must in a

great measure be ascribed to Mr. Sykes's assiduity, and to _Mahomed Reza

Khân's profound knowledge in the finances_."

VI. That the then President and Council, finding it necessary to make

several reforms in the administration, were principally aided in the

same by the suggestion, advice, and assistance of the said Mahomed Reza

Khân; and in their letter to the Court of Directors of the 24th of June,

1767, they state their resolution of reducing the emoluments of office,

which before had arisen from a variety of presents and other

perquisities, to fixed allowances; and they state the merits of Mahomed

Reza Khân therein, as well as the importance, dignity, and

responsibility of his station, in the following manner.

"Mahomed Reza Khân has now _of himself, with great delicacy of honor_,

represented to us the evil consequences that must ensue from the

continuance of this practice,--since, by suffering the principal

officers of the government to depend for the support of their dignity on

the precarious fund of perquisites, they in a manner oblige them to

pursue oppressive and corrupt measures, equally injurious to the country

and the Company; and they accordingly assigned twelve lac of rupees for

the maintenance and support of the said Mahomed Reza Khân, and two other

principal persons, who held in their hands the most important

employments of that government,--having regard to their elevated

stations, and to the expediency of supporting them in all the show and

parade requisite to keep up the authority and influence of their

respective offices, as they are all men of weight and consideration in

the country, who held places of great trust and profit under the former

government. We further propose, by this act of generosity, to engage

their cordial services, and confirm them steady in our interests; since

they cannot hope, from the most successful ambition, to rise to greater

advantages by any chance or revolution of affairs. At the same time it

was reasonable we should not lose sight of Mahomed Reza Khân's past

services. He has pursued the Company's interest with steadiness and

diligence; his abilities qualify him to perform the most important

services; the unavoidable charges of his particular situation are great;

in dignity he stands second to the Nabob only;--and as he engages to

increase the revenues, without injustice or oppression, to more than the

amount of his salary, _and to relinquish those advantages, to the amount

of eight lacs of rupees per annum_, which he heretofore enjoyed, we

thought it proper, in the distribution of salaries, to consider Mahomed

Reza Khân in a light superior to the other ministers. We have only to

observe further, that, great and enormous as the sum must appear which

we have allotted for the support of the ministers of the government, we

will not hesitate to pronounce that it is necessary and reasonable, and

will appear so on the consideration of the power which men employed on

these important services have either to obstruct or promote the public

good, unless their integrity be confirmed by the ties of gratitude and

interest."

VII. That the said Mahomed Reza Khân continued, with the same diligence,

spirit, and fidelity, to execute the trust reposed in him, which

comprehended a large proportion of the weight of government, and

particularly of the collections; and his attachment to the interest of

the Company, and his extensive knowledge, were again, in the course of

the year 1767, fully acknowledged, and stated to the Court of Directors.

And it further appears that by an incessant application to business his

health was considerably impaired, which gave occasion in the year

following, that is, in February, 1768, to a fresh acknowledgment of his

services in these terms: "We must, in justice to Mahomed Reza Khân,

express the high sense we entertain of his abilities, and of the

indefatigable attention he has shown in the execution of the important

trust reposed in him; and we cannot but lament the prospect of losing

his services from the present declining state of his health."

VIII. That as in the increase of the revenue the said Mahomed Reza Khân

was employed as a person likely to improve the same without detriment to

the people, so, when the state of any province seemed to require a

remission, he was employed as a person disposed to the relief of the

people without fraud to the revenue; and this was expressed by the

President and Council as follows, with relation to the remissions

granted in the province of Bahar: "That the general knowledge of Mahomed

Reza Khân, in all matters relative to the dewanny revenues, induced us

to consent to such deductions being made from the general state of that

province at the _last poonah_ as may be deemed irrecoverable, or such as

may procure an immediate relief and encouragement to the ryots in the

future cultivation of their lands."

IX. That the said Mahomed Reza Khân, in the execution of the said great

and important trusts and powers, was not so much as suspected of an

ambitious or encroaching spirit, which might make him dangerous to the

Company's then recent authority, or which might render his precedence

injurious to the consideration due to his colleagues in office; but, on

the contrary, it appears, that, a plan having been adopted for dividing

the administration, in order to remove the Nabob's jealousies, the same

was in danger of being subverted by the ambition "of two of his

colleagues, and _the excessive moderation of Mahomed Reza Khân_." And

for a remedy of the inconveniencies which might arise from the excess of

an accommodating temper, though attended with irreproachable integrity,

the President and Council did send one of their own members, as their

deputy, to the Nabob of Bengal, at his capital of Moorshedabad; and this

measure appears to have been adopted for the support of Mahomed Reza

Khân, in consequence of an inquiry made and advice given by Lord Clive,

in his letter of the 3d of July, 1765, in which letter he expresses

himself of the said Mahomed Reza Khân as follows: "It is with pleasure I

can acquaint you, _that, the more I see of Mahomed Reza Khân, the

stronger is my conviction of his honor and moderation_, but that, at the

same time, I cannot help observing, that, either from timidity or an

erroneous principle, he is too ready to submit to encroachments upon

that proportion of power that has been allotted him."

X. That, the Nabob Jaffier Ali Khân dying in February, 1765, Mahomed

Reza Khân was appointed guardian to his children, and administrator of

his office, or regent, which appointment the Court of Directors did

approve. But the party opposite to Mahomed Reza Khân having continued to

cabal against him, sundry accusations were framed relative to oppression

at the time of the famine, and for a balance due during his employment

of collector of the revenues; upon which the Directors did order him to

be deprived of his office, and a strict inquiry to be made into his

conduct.

XI. That the said Warren Hastings, then lately appointed to the

Presidency, did, on the 1st of April, and on the 24th of September,

1772, write letters to the Court of Directors, informing them that on

the very next day after he had received (as he asserts) their private

orders, "addressed to himself alone," and not to the board, he did

dispatch, by express messengers, his orders to Mr. Middleton, the

Resident at the Nabob's court at Moorshedabad, in a public character

and trust with the Nabob, to arrest, in his capital, and at his court,

and without any previous notice given of any charge, his principal

minister, the aforesaid Mahomed Reza Khân, and to bring him down to

Calcutta; and he did carefully conceal his said proceedings from the

knowledge of the board, on pretext of his not being acquainted with

their dispositions, and the influence which he thought that the said

Mahomed Reza Khân had amongst them.

XII. That the said Warren Hastings, at the time he gave his orders as

aforesaid for arresting the said Mahomed Reza Khân, did not take any

measures to compel the appearance of any other persons as

witnesses,--declaring it as his opinion, "that there would be little

need of violence to obtain such intelligence as they could give against

their former master, when his authority is taken from him"; but he did

afterwards, in excuse for the long detention and imprisonment of the

said Mahomed Reza Khân, without any proofs having been obtained of his

guilt, or measures taken to bring him to a trial, assure the Directors,

in direct contradiction to his former declaration, "that the influence

of Mahomed Reza Khân still prevailed generally throughout the country,

in the Nabob's household, and at the capital, and was scarcely affected

by his present disgrace,"--notwithstanding, as he, the said Hastings,

doth confess, he had used his utmost endeavors "to break that influence,

by removing his dependants, and putting the direction of all the affairs

that had been committed to his care into the hands of _the most powerful

or active of his enemies_; that he depended on the activity of their

hatred to Mahomed Reza Khân, incited by the expectation of rewards, for

investigating the conduct of the latter; that with this the institution

of the new dewanny coincided; and that the same principle had guided him

in the choice of Munny Begum and Rajah Gourdas,--the former for the

chief administration, the latter" (the son of Nundcomar, and a mere

instrument in the hands of his father) "for the dewanny of the Nabob's

household,--both _the declared enemies_ of Mahomed Reza Khân."

XIII. That, although it might be true that enemies will become the most

active prosecutors, and as such may, though under much guard and many

precautions, be used even as witnesses, and that it ought not to be an

exception, supposing their character and capacity otherwise good, to the

appointing them to power, yet to advance persons to power on the ground

not of their honor and integrity, which might have produced the enmity

of bad men, but merely for the enmity itself, without any reference

whatsoever to a laudable cause, and even with a declared ill opinion of

the morals of one of the party, such as was actually delivered in the

said letter by him, the said Hastings, of Nundcomar, (and which time has

shown he might also on good ground have conceived of others,) was, in

the circumstances of a criminal inquiry, a motive highly disgraceful to

the honor of government, and destructive of impartial justice, by

holding out the greatest of all possible temptation to false accusation,

to corrupt and factious conspiracies, to perjury, and to every species

of injustice and oppression.

XIV. That, in consequence of the aforesaid motives, and others

pretended, which were by no means a sufficient justification to the said

Warren Hastings, he did appoint the woman aforesaid, called Munny Begum,

who had been of the lowest and most discreditable order in society,

according to the ideas prevalent in India, but from whom he received

several sums of money, to be guardian to the Nabob in preference to his

own mother, _and to administer the affairs of the government_ in the

place of the said Mahomed Reza Khân, the second Mussulman in rank after

the Nabob, and the first in knowledge, gravity, weight, and character

among the Mussulmen of that province. And in order to try every method

and to take every chance for his destruction, the said Warren Hastings

did maliciously and oppressively keep him under confinement, for a part

of the time without any inquiry, and afterwards with a slow and dilatory

trial, for two years together.

XV. That, notwithstanding a total revolution in the power, in part

avowedly made for his destruction, the persons appointed for his trial

did, on full inquiry, completely acquit the said Mahomed Reza Khân of

the criminal charges against him, on account of which he had been so

long persecuted and confined, and suffered much in mind, body, and

fortune: and the Court of Directors, in their letter of the 3d of March,

1775, testify their satisfaction in the conduct and result of the said

inquiry, and did direct the restoration of the said Mahomed Reza Khân to

liberty, and to the offices which he had lately held, which comprehended

the management of the Nabob's household, and the general superintendency

of the justice of Bengal; but, according to the orders of the Court of

Directors, his appointments were reduced to thirty thousand pounds a

year, or thereabouts, of which he did make grievous complaint, on

account of the expenses attendant on his station, and the heavy debts

which he had been obliged to contract during his unjust persecution and

imprisonment aforesaid.

XVI. That, on the removal of the said Mahomed Reza Khân from the

superintendency of the criminal justice, and in consequence of letting

the province of Bengal in farm by the said Warren Hastings, several

dangerous and mischievous innovations were made by him, the said Warren

Hastings, and the criminal justice of the country was almost wholly

subverted, and great irregularities and disorders did actually ensue.

XVII. That the Council-General, established by act of Parliament in the

year 1773, did restore the said Mahomed Reza Khân, with the consent and

approbation of the Nabob, (but under a protest from the said Warren

Hastings,) to his liberty and to his offices, according to the spirit of

the orders given by the Court of Directors as aforesaid; and the Court

of Directors did approve of the said appointment, and did assure the

said Mahomed Reza Khân of their favor and protection as long as his

conduct should merit the same, in the following terms. "As the abilities

of Mahomed Reza Khân have been sufficiently manifested, as official

experience qualifies him for so high a station in a more eminent degree

than any other native with whom the Company has been connected, and as

no proofs of maladministration have been established against him,

either during the strict investigation of his conduct or since his

retirement, we cannot under all circumstances but approve your

recommendation of him to the Nabob to constitute him his Naib. We are

well pleased that he has received that appointment, and authorize you to

assure him of our favor, so long as a firm attachment to the interest of

the Company and a proper discharge of the duties of his station shall

render him worthy of our protection." And the said Mahomed Reza Khân did

continue to execute the same without any complaint whatsoever of

malversation or negligence, in any manner or degree, in his said office.

XVIII. That in March, 1778, the said Warren Hastings, under color that

the Nabob had completed his twentieth year, and had desired to be placed

in the entire and uncontrolled management of his own affairs, and that

Mahomed Reza Khân should be removed from his office, and that Munny

Begum, his step-mother, the dancing-girl aforesaid, "should take on

herself the management of the _nizamut_ [the government and general

superintendency of criminal justice] without the interference of any

person whatsoever," and notwithstanding the contradictions in the

pretended applications from the Nabob, with whose incapacity for all

affairs he was well acquainted, did, in defiance of the orders of the

Court of Directors, and without regard to the infamy of an arrangement

made for the evident and declared purpose of delivering not only the

family with the prince, but the government and justice of a great

kingdom, into such insufficient, corrupt, and scandalous hands, and

though he has declared his opinion "that our national character is

concerned in the character which the Nabob may obtain in the public

opinion," on obtaining a majority in Council, without any complaint,

real or pretended, remove the said Mahomed Reza from all his offices,

and did partition his salary as a spoil in the following manner: to

Munny Begum, the dancing-girl aforesaid, an additional allowance of

72,000 rupees (7,200_l._) a year; to the Nabob's own mother but half

that sum, that is to say, 36,000 rupees (3,600_l._) a year; to Rajah

Gourdas, son of Nundcomar, (whom he had described as a weak young man,)

72,000 rupees (7,200_l._) a year, as controller of the household; and to

a magistrate called Sudder ul Hock, who, in real subserviency to the

said Munny Begum, was nominally to act in the department of criminal

justice, 78,000 rupees (7,800_l._) a year: the total of which allowances

exceeding the salary of Mahomed Reza Khân by 18,000 rupees (1,800_l._)

yearly, he did, for the corrupt and scandalous purposes aforesaid, order

the same to be made up from the Company's treasury.

XIX. That Mr. Francis and Mr. Wheler having moved that the execution of

the aforesaid arrangement, the whole expense of which, ordinary and

extraordinary, was charged upon the Company's treasury, and therefore

could not be even colorably disposed of at the pretended will of the

said Nabob, might be suspended until the pleasure of the Court of

Directors thereon should be known, and the same being resolved agreeably

to law by a majority of the Council then present, the said Hastings,

urging on violently the immediate execution of his corrupt project, and

having obtained, by the return of Richard Barwell, Esquire, a majority

in Council in his own casting vote, did rescind the aforesaid

resolution, and did carry into immediate execution the aforesaid most

unwarrantable, mischievous, and scandalous design.

XX. That the consequences which might be expected from such a plan of

administration did almost instantly flow from it. For the person

appointed to execute one of the offices which had been filled by Mahomed

Reza Khân did soon find that the eunuchs of Munny Begum began to employ

their power with great superiority and insolence in all the concerns of

government and the administration of justice, and did endeavor to

dispose of the offices relative to the same for their corrupt purposes,

and to rob the Nabob's servants of their due allowances; and in his

letter of the 1st September, 1778, he sent a complaint to the board,

stating, "that certain bad men had gained an ascendency over the Nabob's

temper, by whose instigation he acts"; and after complaining of the

slights he received from the Nabob, he adds: "Thus they cause the Nabob

to treat me, sometimes with indignity, at others with kindness, just as

they think proper to advise him; their view is, that, by compelling me

to displeasure at most unworthy treatment, they may force me either to

relinquish my station, or to join with them, and act by their advice,

and appoint creatures of their recommendation to the different offices,

from which they might draw profit to themselves."

XXI. That, in a subsequent letter to the Governor, the said

Superintendent of Justice did inform him, the said Warren Hastings, of

the audacious and corrupt manner in which, by violence, fraud, and

forgery, the eunuchs of Munny Begum had abused the Nabob's name, to

deprive the judicial and executory officers of justice of the salaries

which they ought to have drawn from the Company's treasury, in the

following words: "The Begum's ministers, before my arrival, with the

advice of their counsellors, caused the Nabob to sign a receipt, in

consequence of which they received, at two different times, near 50,000

rupees [5,000_l._], in the name of the officers of the Adawlut,

Phousdary, &c., from the Company's sircars; and having drawn up an

account-current _in the manner they wished_, they had got the Nabob to

sign it, and sent it to me." And in the same letter he asserts, "that

these people had the Nabob entirely in their power."

XXII. That the said Warren Hastings, upon this representation, did,

notwithstanding his late pretended opinion of the fitness and the right

of the Nabob to the sole administration of his own affairs,

authoritatively forbid him from any interference therein, and ordered

that the whole should be left to the magistrate aforesaid; to which the

Nabob did, notwithstanding his pretended independence, yield an

immediate and unreserved submission: for the said Hastings's order being

given on the 1st of September at Calcutta, he received _an answer_ from

Moorshedabad on the 3d, in the following terms: "Agreeably to your

pleasure, I have relinquished all concern with the affairs of the

Phousdary and Adawlut, leaving the entire management in Sudder ul Hock's

hands." Which said circumstance, as well as many others, abundantly

proves that all the Nabob's actions were in truth and fact entirely

governed by the influence of the said Hastings, and that, however the

said Hastings may have publicly discouraged the corrupt transactions of

the said court, yet he did secretly uphold the authority and influence

of Munny Begum, who did entirely direct, with his knowledge and

countenance, all the proceedings therein. For

XXIII. That on the 13th of the same month of September he did receive a

further complaint of the corrupt and fraudulent practices of the chief

eunuch of the said Munny Begum; and these corrupt practices did so

continue and increase, that on the 10th of October, 1778, he was obliged

to confess, in the strongest terms, the pernicious consequences of his

before-created unwarrantable and illegal arrangements; for, in a letter

of that date to the Nabob, he expresses himself as follows. "At your

Excellency's request, I sent Sudder ul Hock Khân to take on him the

administration of the affairs of the Adawlut and Phousdary, and hoped by

that means not only to have given satisfaction to your Excellency, but

that, through his abilities and experience, these affairs would have

been conducted in such manner as to have secured the peace of the

country and the happiness of the people; and it is with the greatest

concern I learn that this measure is so far from being attended with the

expected advantages, that the affairs both of the Phousdary and Adawlut

are in the greatest confusion imaginable, and daily robberies and

murders are perpetrated throughout the country. This is evidently owing

to the want of a proper authority in the person appointed to superintend

them. I therefore addressed your Excellency on the importance and

delicacy of the affairs in question, and of the necessity of lodging

full power in the hands of the person chosen to administer them; in

reply to which your Excellency expressed sentiments coincident with

mine; notwithstanding which, your dependants and people, actuated by

_selfish, and avaricious views, have by their interference so impeded

the business as to throw the whole country into a state of confusion,

from which nothing can retrieve it but an unlimited power lodged in the

hands of the superintendent_. I therefore request that your Excellency

will give the strictest injunctions to all your dependants not to

interfere in any manner with any matter relative to the affairs of the

Adawlut and Phousdary, and that you will yourself relinquish all

interference therein, and leave them entirely to the management of

Sudder ul Hock Khân: this is absolutely necessary to restore the country

to a state of tranquillity." And he concluded by again recommending the

Nabob to withdraw all interference with the administrator aforesaid:

"otherwise a measure which I adopted at your Excellency's request, and

with a view to your satisfaction and the benefit of the country, will be

attended with quite contrary effects, and bring discredit on me."

XXIV. That the said Hastings, in the letter aforesaid, in which he so

strongly condemns the acts and so clearly marks out the mischievous

effects of the corrupt influence under which alone the Nabob acted, and

under which alone, from his known incapacity, and his dependence on the

person supported by the said Hastings, he could act, did propose to put

all the offices of justice (which on another occasion he had requested

him to _permit_ to remain in the hands which then held them) into his

own disposal,--telling him, or rather the woman and eunuchs who governed

him, "that, if his Excellency has any plan for the management of the

affairs in future, be pleased to communicate it to me, and every

attention shall be paid to give your Excellency satisfaction": by which

means not only particular parts, as before, but the whole system of

justice was to be afloat, and to be subject to the purposes of the

aforesaid corrupt cabal of women and eunuchs.

XXV. That the Court of Directors, on receiving an account of the above

arrangements, and being well apprised of the spirit, intention, and

probable effect of the same, did, in a clear, firm, and decisive manner,

express their condemnation of the measure, and their rejection and

reprobation of all the pretended grounds and reasons on which the same

was supported,--marking distinctly his prevarication and contradictions

in the same, and pointing to him their full conviction of the unworthy

motives on which he had made so shameful an arrangement: telling him, in

the 17th paragraph of their general letter of the 4th of February, 1779,

"The Nabob's letters of the 25th and 30th of August, of the 3d of

September, and 17th of November, leave us no doubt of the _true_ design

of this _extraordinary_ business being _to bring forward_ Munny Begum,

and again to invest her with improper power and influence,

notwithstanding our former declaration, that _so great_ a part of the

Nabob's allowance had been embezzled and misapplied under her

superintendence."

XXVI. That, in consequence of the censure and condemnation of the

unwarrantable measures of the said Warren Hastings by the Court of

Directors, on the aforesaid and other weighty and substantial grounds,

they did order and direct as follows, in the 20th paragraph of the

general letter of the same date. "As we deem it for the welfare of the

country that the office of Naib Subahdar be for the present continued,

and that this high office should be filled by a person of wisdom,

experience, and of approved fidelity to the Company, and as we have no

reason to alter the opinion given of Mahomed Reza Khân in our letter of

the 24th of December, 1776, we positively direct, that you forthwith

signify to the Nabob Mobarek ul Dowlah our pleasure that Mahomed Reza

Khân be immediately restored to the office of Naib Subahdar; and we

further direct, that Mahomed Reza Khân be again assured of the

continuance of our favor, so long as a firm attachment to the interest

of the Company and a proper discharge of the duties of his station shall

render him worthy of our protection."

XXVII. That the aforesaid direction did convey in it such evident and

cogent reason, and was so far enforced by justice to individuals and by

regard to the peace and happiness of the natives, as well as by the

common decorum to be observed in all the transactions of government,

that the said Hastings ought to have yielded a cheerful obedience

thereto, even if he had not been by a positive statute, and his relation

of servant to the Company, bound to that just submission. Yet the said

Hastings did, without denying or evading any one of the reasons assigned

by the Court of Directors, or controverting the scandalous motives

assigned by them for his conduct, contumaciously refuse obedience to the

above positive order, on pretence that the Nabob, who, he had declared

it on record "to be as visible as the light of the sun, is a mere

pageant, and without even the shadow of authority," did dissent from the

same; and he did encourage the said Nabob, or rather the eunuchs, the

corrupt ministers of Munny Begum, to oppose himself and themselves to

the authority of the said Court of Directors: by which means the

arrangement, three times either ratified or expressly ordered by them,

was wholly defeated; the aforesaid corrupt system was continued; Mahomed

Reza Khân was not restored to his office; and a lesson was taught to the

natives of all ranks, that the declared approbation, the avowed

sanction, and the decided authority of the Court of Directors were

wholly nugatory to their protection against the corrupt influence of

their servants.

XXVIII. That the said Warren Hastings, on a reconciliation with Mr.

Francis, one of the Council-General, who made it a condition thereof

that certain of the Company's orders should be obeyed, and that Mahomed

Reza Khân should be restored to his offices, did, a considerable time

after, notwithstanding the pretended reluctance of the Nabob, and his

pretended freedom, make, for his convenience in the said accommodation,

the arrangement which he had unwarrantably and illegally refused to the

orders of the Court of Directors, and did of his own authority and that

of the board restore Mahomed Reza Khân to his offices.

XXIX. That soon after the departure of the said Mr. Francis he did again

deprive the said Mahomed Reza Khân of his said offices, and did make

several great changes in the constitution of the criminal justice in the

said country; and after having, under pretence of the Nabob's

sufficiency for the management of his own affairs, displaced, without

any specific charge, trial, or inquiry whatsoever, the said Mahomed Reza

Khân, he did submit the said Nabob to the entire direction, in all parts

of his concerns, of a Resident of his own nomination, Sir John D'Oyly,

Baronet, and did order an account of the most minute parts of his

domestic economy to be made out, and to be delivered to the said Sir

John D'Oyly, in the following words, contained in a paper by him

intituled, INSTRUCTIONS from the Governor-General to the Nabob Mobarek

ul Dowlah respecting his conduct in the management of his affairs. "You

will be pleased to direct your _mutseddies_ to form an account of the

fixed sums of your monthly expenses, such as servants' wages in the

different departments, pensions, and other allowances, as well as of the

estimated amount of variable expenses, to be delivered to Sir John

D'Oyly _for my inspection_. I have given such orders to Sir John D'Oyly

as will enable him to propose to you such reductions of the pensions and

other allowances, and such a distribution of the variable expenses, as

shall be proportionable to the total sum of your monthly income; _and I

must request you will conform to it_." And he did, in the subsequent

articles of his said instructions, order the whole management to be

directed by Sir John D'Oyly, subject to his own directions as aforesaid;

and did even direct what company he should keep; and did throw

reflections on some persons, in places the nearest to him, as of bad

character and base origin,--persons whom he should decline to name as

such, "unless he heard that they still availed themselves of his

goodness to retain _the places_ which they improperly hold near his

person." And he did particularly order the said Nabob not to admit any

English, but such as the said Sir John D'Oyly should approve, to his

presence; and did repeat the said order in the following peremptory

manner: "You _must forbid any_ person of _that nation_ to be intruded

into _your_ presence without _his_ introduction." And he did require his

obedience in the following authoritative style: "I shall think myself

obliged to interfere _in another manner_, if you neglect it."

XXX. That he, the said Warren Hastings, did insult the captive condition

of the said Nabob by informing him, in his imperious instructions

aforesaid, that this total, blind, and implicit obedience, in every

respect whatsoever, to Sir John D'Oyly and himself personally, and

without any reference to the board, "was the very _conditions_ of the

compliance of the Governor-General and Council with his late

requisition"; which requisition was, that he should enjoy _the free and

uncontrolled_ management of his own affairs. And though the said captive

did offer, as he, the said Hastings, himself admits, _four lacs_ of his

stipend, at that time reduced to sixteen lac, for _the free use of the

remainder_, yet he did place him, the said Nabob, in the state of

servitude in the said instructions laid down but a very short time after

he had assumed and used the said Nabob's independent rights as a ground

for refusing to obey the Company's orders,--and although he has

declared, or pretended, on another occasion, which he would have thought

similar, that any attempt to limit the household expenses of the Nabob

of Oude was an indignity, "which no man living, however mean his rank in

life, or dependent his condition in it, would permit to be exercised by

any other, without the want or forfeiture of every manly principle."

XXXI. That the said Warren Hastings did order the said stipend (which

was to be distributed, in the minutest particular, according to the said

Hastings's personal directions) to be paid monthly, not to any officer

of the Nabob, but to the said Resident, Sir John D'Oyly. And whereas the

Governor-General and Council did, on the appointment of Mahomed Reza

Khân, according to their duty, instruct him, that "he do conform to the

_orders_ of the Company, which direct that an annual account of the

Nabob's expenses be transmitted through the Resident at the Durbar, for

the inspection of this _board_" the said Hastings, in making his new

establishment in favor of his Resident, did wholly omit the said

instruction, and did confine the said communication to _himself_,

privately. And in fact it does not appear that any account whatsoever of

the disposition of the said large sum, exceeding 160,000_l._ sterling a

year, has been laid before the board, or at least that any such account

has been transmitted to the Court of Directors; and it is not fitting

that any British servant of the Company should have the management of

any public money, much less of so great a sum, without a public

well-vouched account of the specific expenditure thereof.

XXXII. That the Court of Directors did, on the 17th of May, 1766,

propose certain rules for regulating the correspondence of the Resident

with the Nabob of Bengal, in which they did direct, as a principle for

the said regulations, as follows (paragraph 16th). "We would have his

correspondence to be carried on with the _Select Committee_ through the

channel of the President: he should keep a diary of all his

transactions. His correspondence with the natives _must be publicly

conducted_: copies of _all_ his letters, sent and received, be

transmitted monthly to the Presidency, with duplicates and triplicates

to be transmitted home in our general packet by every ship."

XXXIII. That the President and Select Committee (Lord Clive being then

President) did approve of the whole substantial part of the said

regulation (the diary excepted); and the principle, in all matters of

account, ought to have been strictly adhered to, whatever limitations

may have been given to the office of Resident. Yet he, the said Warren

Hastings, in defiance of the aforesaid good rules, orders, and late

precedent in conformity to the same, did not only withhold any order for

the purpose, but, in order to carry on the business of the said durbar

in a clandestine manner for his own purposes, did, as aforesaid, exclude

all English from an intercourse with the Nabob, who might carry

complaints or representations to the board, or the Court of Directors,

of his condition, or the conduct of the Resident,--and did further, to

defeat all possible publicity, insinuate to him to give the preference

to verbal communication above letters, in the words following, of the

ninth article of his instructions to the Nabob: "Although I desire to

receive your letters frequently, yet, as many matters will occur which

cannot be _so easily explained by letters as by conversation_, I desire

that you will on such occasions give your orders to him respecting such

points as you may desire to have imparted to me; and I, postponing every

other concern, will give an immediate and the most satisfactory reply

concerning them." Accordingly, no relation whatsoever has been received

by the Court of Directors of the said Nabob's affairs, nor any account

of the money monthly paid, except from public fame, which reports that

his affairs are in groat disorder, his servants unpaid, and many of them

dismissed, and all the Mussulmen dependent on his family in a state of

indigence.

XVIII.--THE MOGUL DELIVERED UP TO THE MAHRATTAS.

I. That Shah Allum, the prince commonly called the Great Mogul, or, by

eminence, _The King_, is, or lately was, in the possession of the

ancient capital of Hindostan, and though without any considerable

territory, and without a revenue sufficient to maintain a moderate

state, he is still much respected and considered, and the custody of his

person is eagerly sought by many of the princes in India, on account of

the use to be made of his title and authority; and it was for the

interest of the East India Company, that, while on one hand no wars

shall be entered into in support of his pretensions, on the other no

steps should be taken which may tend to deliver him into the hands of

any of the powerful states of that country, but that he should be

treated with friendship, good faith, and respectful attention.

II. That Warren Hastings, in contradiction to this safe, just, and

honorable policy, strongly prescribed and enforced by the orders of the

Court of Directors, did, at a time when he was engaged in a negotiation

the declared purpose of which was to give peace to India, concur with

the captain-general of the Mahratta state, called Mahdajee Sindia, in

hostile designs against the few remaining territories of that same Mogul

emperor, by virtue of whose grant the Company actually possess the

government and enjoy the revenues of great provinces, and also against

the possessions of a Mahomedan chief called Nudjif Khân, a person of

much merit with the East India Company, in acknowledgment of which they

had granted him a pension, included in the tribute due to the king, and,

together with that tribute, taken from him by the said Warren Hastings,

though expressly _guarantied_ to him by the Company. With both these

powers the Company had been in friendship, and were actually at peace at

the time of the said clandestine concurrence in a design against them;

and the said Hastings hath since declared, that the right of one of

them, namely, "the right of the Mogul emperor, to our assistance, has

been constantly acknowledged."

III. That the said Warren Hastings, at the time of his treacherous

concurrence in a design against a power which he was himself of opinion

we were bound to assist, and against whom there was no doubt he was

bound neither to form nor to concur in any hostile attempt, did give a

caution to Colonel Muir, to whom the negotiation aforesaid was intrusted

on the part of the Company, against "inserting anything in the treaty

which might _expressly_ mark our _knowledge_ of his [the Mahratta

general's] views, _or concurrence in them_." Which said transaction was

full of duplicity and fraud; and the crime of the said Hastings therein

is aggravated by his having some years before withheld the tribute which

by treaty was solemnly agreed to be paid to the said king, on pretence

that he had thrown himself, for the recovery of his city of Delhi, on

the protection of the Mahrattas, whom the said Warren Hastings then

called _the natural enemies_ of the Company, and the growth of whose

power he then alleged to be highly dangerous to the interests of this

kingdom in India.

IV. That, after having concurred, in the manner before mentioned, in a

design of the Mahrattas against the Mogul, and notwithstanding he, the

said Warren Hastings, had formerly declared, "that with him [the Mogul]

our connection had been a long time suspended, and _he wished never to

see it renewed_, as it had proved a fatal drain to the wealth of Bengal

and the treasury of the Company, without yielding one advantage or

possible resource, even of remote benefits, in return," the said Warren

Hastings did nevertheless, on or about the month of March, 1783, with

the privity and consent of the members of the board, but by no

authoritative act, dispatch, as agents of him, the Governor-General

only, and not as agents of the Governor-General and Council, as they

ought to have been, certain persons, among whom were Major Browne and

Major Davy, to the court of the king at Delhi, and did there enter into

certain engagements with the said king by the means of those agents, and

did carry on certain private and dangerous intrigues for various

purposes, particularly for making war in favor of the said king against

some powers or princes not precisely described, but which, as may be

inferred from a subsequent correspondence, were certain Mahomedan

princes in the neighborhood of Delhi in amity with the Company, and some

of them at that time in the actual service and in the apparent

confidence and favor of the said Mogul; and he did order Major Browne to

offer to the Mogul king to provide for the _entire_ expense of _any_

troops the Shah [the said king] might require; and the proposal was

accordingly accepted, with the conditions annexed: by which proposal and

acceptance thereof the East India Company was placed in a situation of

great and perplexing difficulty; since either they were to engage, at an

unlimited _expense_, in new wars, contrary to their orders, contrary to

their general declared policy, and contrary to the published resolutions

of the House of Commons, and wholly incompatible with the state of their

finances, or, to preserve peace, they must risk the imputation of a new

violation of faith, by departing from an agreement made on the voluntary

proposal of their own government,--the agent of the said Hastings having

declared, in his letter to the said Hastings, by him communicated to the

board, "that the business of assisting the Shah [the Mogul emperor] can

and _must_ go on, if we wish to be secure in India, or regarded as a

nation of faith and honor."

V. That the said Warren Hastings did, on the 20th day of January, 1784,

send in circulation to the other members of the Council a letter to him

from his agent, Major Browne, dated at Delhi, on the 30th of December,

1783, viz., that letter to which the foregoing references are made, in

which the said Browne did directly press, and indirectly (though

sufficiently and strongly) suggest, several highly dangerous measures

for realizing the general offers and engagements of the said Warren

Hastings,--proposing, that, besides a proportion of field artillery, and

a train of battering cannon for the purpose of sieges, six regiments of

sepoys in the Company's service should be transferred to that of the

said king, and that certain other corps should also be raised for the

said service in the English provinces and dependencies, to be

immediately under the king's [the Mogul's] orders, and to be maintained

by assignments of territorial revenue within the province of Oude, a

dependent member of the British government, but with a caution against

having any British officer with the same; the said Major Browne

expressing his caution as followeth: "If any European officer _be_ with

this corps, a very nice judgment indeed must direct the choice; for

scarce any are in the smallest degree _fit_ for _such_ employ, but much

more likely to do harm than good." And the letter aforesaid being

without any observation thereon, or any disavowal of the matters of fact

or of the counsels so strongly and authoritatively delivered therein by

the said Warren Hastings's agent, and without any mark of disapprobation

of any part of his plan, whether that of the assignment of territory

belonging to the Company's allies for the maintenance of troops which

were to be by that plan put under the orders of a foreign independent

power, or that of employing the said troops without any British officer

with them, or for his alarming observation by him entered on the

Company's records, which, if not an implied censure on the nature of the

service in which British officers are supposed improper to be trusted,

is a strong reflection on the character of the British officers, which

was to render them unfit to be employed in an honorable service,--the

said Warren Hastings did thereby give a countenance to the said

unwarrantable and dangerous proposals and reflections.

VI. That a considerable time before the production and circulation of

Major Browne's letter, the said Hastings did enter a Minute of

Consultation containing a proposition similar in the general intent to

that in the said letter contained for assisting the Mogul with a

military force; but the other members of the board did disagree thereto,

and, being alarmed at the disposition so strongly shown by the said

Hastings to engage in new wars and dangerous foreign connections, and

possibly having intelligence of the proceedings of his agent, did call

upon him to produce his instructions to Major Browne; and he did, on the

5th of October, 1783, and not before, enter on the Consultations a

certain paper purporting to be the instructions which he had given to

Major Browne the preceding March, the time of his, the said Browne's,

appointment, in which pretended instructions no direction whatsoever was

given to the effect of his, the said Hastings's, Minute of Consultation

propounded: that is to say, no power was given in the said instructions

to make a direct offer of military aid to the Mogul, or to form the

arrangements stated by the said Browne, in his letter to the said

Hastings, as having been made by the express authority of the said

Hastings himself; but the said instructions contained nothing further on

that subject but a conditional direction, that, in case a military force

should be required for the Mogul's aid or protection, the Major is to

know the service on which it is to be employed, and the resources from

whence it is to be paid; and the instructions produced as his real

instructions by the said Hastings are so guarded as to caution the said

Browne against _taking any part in the intrigues of those who are about

the King's person_. By which letters, instructions, and transactions,

compared with each other, it appears that the said Warren Hastings,

after six months' delay in entering of (contrary to the Company's order)

any instructions to the said Browne, did at last enter a false paper as

the true, or that he did give other secret instructions, totally

different from, and even opposite to, his public ostensible

instructions, thereby to deceive the Council, and to carry on with less

obstruction dark and dangerous intrigues, contrary to the orders of the

Court of Directors, to the true policy of this kingdom, and to the

safety of the British possessions in the East.

VII. That the said letter from Major Browne was by the said Warren

Hastings transmitted to the Court of Directors, without being

accompanied by any part of the previous correspondence; by which wilful

concealment the said Warren Hastings is guilty of an high and criminal

disrespect to the Court of Directors, and of a most flagrant breach and

violation of their orders, which he was bound by an act of Parliament to

obey.

VIII. That the said Hastings having early in the year 1784 procured to

himself a deputation to act in the upper provinces, the Council, being

well aware of his disposition to engage in unwarrantable designs against

the neighboring states, did expressly confine his powers to the

circumstance of his actual residence within the Company's provinces. But

it appears that ways were found out by which he hoped to defeat the

precautions of the board: for the said Warren Hastings did write from

Lucknow, the capital of the country of Oude, to the Court of Directors,

a certain postscript of a letter, dated the 4th of May, 1784, in which

he informs the Court that the son and heir-apparent of the Great Mogul

had taken refuge with him and the Nabob of Oude; that he had a

conference with that prince on the 10th of the same month of May, "no

person being either present or within hearing" during the same; and that

in the said conference the prince had informed him of the distresses of

his father, and his wish for the relief of the king and the restoration

of the dominions of his house, as well as to rescue him from the power

of certain persons not named, who degraded him into a mere instrument of

their interested and sordid designs, and that, on a failure of his

application to him, he would either return to his father, or proceed to

Calcutta, and thence to England; and that the said Warren Hastings did

give him an answer to the following effect: "That our [the British]

government had just obtained relief from a state of universal warfare,

and required a term of repose; that our whole nation was weary of war,

and dreaded the renewal of it, _and would he equally alarmed at any

movement of which it could not see the issue or progress, but which

might eventually tend to create new hostilities_; that he came hither

[to Lucknow] with a limited authority, and could not, if he chose it,

engage in a business of that nature _without the concurrence of his

colleagues in office, who he believed would be adverse to it_; that he

would represent the same to the joint members of his own government, and

wait their determination. In the mean time he advised the prince to make

advances to Mahdajee Sindia, both because our government _was in

intimate and sworn connection_ with him, and because he was the

effectual head of the Mahratta state; besides that he [the said Warren

Hastings] feared his [Sindia's] taking the other side of the question,

unless he was early prevented."

IX. That in the statement of this discourse there is much criminal

reserve towards the Court of Directors,--it not appearing distinctly

what the objects were, nor who the persons concerned, nor what the side

was which he apprehended the Mahrattas might take, if not prevented by

his advances; and in the discourse itself there were many particulars

highly criminal, namely,--for that in the said conversation, in which he

describes himself as declining a compliance with the request of the

prince on account of the aversion (therein strongly expressed) of his

colleagues, of the Company, and of the whole British nation, to engage

in any measures which might even "_eventually lead to hostilities_," he

spoke to the prince as if he had been entirely ignorant of the offers

which but five months before had been made to the king, his father, on

the part of that very government, (whose repugnance to such measures he

then for the first time chose to profess, but which he always had

known,) through Major Browne, the Company's representative at the court

of Delhi, "to provide for the _entire_ expense of _any_ troops which the

Shah [the king] might require," and that this was "what the Resident had

_always_ proposed to the king and his confidential ministers,"--the said

Browne further declaring, "that, if, in consequence of the said

proposals, certain arrangements for the Shah's service by _troops_ were

not immediately ordered, in his opinion all our [English government's]

_offers and promises_ will be considered as false and insidious." This

being the known state of the business, as represented by the said

Hastings's own agent, and this the public opinion of it, although to

impose on the ignorance of the prince with regard to the proceedings at

his father's court would have been unworthy in itself, yet he, the said

Warren Hastings, could not hope to succeed in such imposition, as in the

postscript aforesaid he represents the said prince (who was the king's

eldest son, and thirty-six years of age) as a person of considerable

qualifications, and perfectly acquainted with the transactions at his

father's court, and as one who had long held the _principal_ and most

active part in the little that remained of _the administration of Shah

Allum_. And the said Hastings conferring with a prince so well

instructed, without making the slightest allusions to his said positive

and recent engagements, or without giving any explanation with regard to

them, the said Warren Hastings must appear to the said prince either as

a person not only contracting engagements, but actually being the first

mover and proposer of them, without any authority from _his colleagues_,

and against theirs and the general inclination of the British nation,

and on that ground not to be trusted, or that he had used this plea of

disagreement between him and his Council as a pretence, set up without

color or decency, for a gross violation of his own engagements, leaving

the princes and states of the country no solid ground on which they can

or ought to contract with the Company, to the utter destruction of all

public confidence, and to the equal disgrace of the national candor,

integrity, and wisdom.

X. That in a letter dated from the same place, Lucknow, the 16th of the

following June, 1784, the said Warren Hastings informs the Court of

Directors, that Major Browne, their agent to the Mogul, had arrived

there in the character also of agent from the Mogul, with two sets of

instructions from two opposite parties in his ministry, which

instructions were directly contrary to each other: the first, which were

the ostensible instructions, being to engage the said Hastings, in the

Mogul's name, to enter into a treaty of mutual alliance with a chief of

the country, then minister to the said Mogul, called Afrasaib Khân; the

second were from another principal person, called Mudjed ul Dowlah, also

a minister of the said Mogul, (but styled in the said letter

_confidential_, for distinction,) which were directly destructive of the

former; and the said latter instructions, to which it seems credence was

to be given, were sent "under the most solemn adjurations of secrecy."

The purpose of these latter and secret instructions was to require the

Company's aid in freeing the Mogul from the oppressions of his servants,

namely, from the oppressions of the said Afrasaib, between whom and the

Company Major Browne (at once agent to that Company, and to two

opposite factions in the Mogul's court) accepted a power to make a

treaty of mutual alliance under the sanction of his sovereign. And it

does not appear that he, Warren Hastings, did discountenance the

double-dealing and fraudulent agencies of his and the Company's minister

at that court, or did disavow any particular in the letter from him, the

said Browne, of the 30th of December, 1783, stating the offers made on

his part to the Mogul, so contradictory to his late declarations to the

heir-apparent of that monarch, or did give any reprimand to the said

Browne, or did show any mark of displeasure against him, as having acted

without orders, but did again send him, with renewed confidence, to the

court aforesaid.

XI. That the said Warren Hastings, still pursuing his said evil designs,

did apply to the Council for discretionary powers relative to the

intrigues and factions in the Mogul's court, giving assurances of his

resolution not to proceed against their sense; but the said Council,

being fully aware of his disposition, and having Major Browne's letter,

recorded by himself, the said Warren Hastings, before them, did refuse

to grant the said discretionary powers, but, on the contrary, did exhort

him "most sedulously and cautiously to avoid, in his correspondence with

the different princes in India, whatever may commit, or be strained into

an interpretation of committing the Company, either as to their army or

treasure,"--observing, "that the Company's orders are positive against

their interference in the objects of dispute between the country

powers."

XII. That, in order to subvert the plain and natural interpretation

given by the Council to the orders of the Court of Directors, and to

justify his dangerous intrigues, the said Warren Hastings, in his letter

of the 16th June, 1784, to the said Court, did, in a most insolent and

contemptuous manner, endeavor to persuade them of their ignorance of the

true sense of their own orders, and to limit their prohibition of

interference with the disputes of the country powers to such country

powers as are _permanent_,--expressing himself as follows: "The faction

which now surrounds the throne [the Mogul's throne] is widely different

from the idea which your commands are intended to convey by the

expressions to which you have generally applied them, of _country

powers_, to which that _of permanency is a necessary adjunct_, and which

may be more properly compared to a splendid bubble, which the slightest

breath of opposition may dissipate with every trace of its existence."

By which construction the said Hastings did endeavor to persuade the

Court of Directors that they meant to confine their prohibition of

sinister intrigues to those powers only who could not be easily hurt by

them, and whose strength was such that their resentment of such

clandestine interference was to be dreaded; but that, where the powers

were weak and fragile, such intrigues might be allowed.

XIII. That the said Hastings, further to persuade the Court of Directors

to involve themselves in the affairs of the Mogul, and to reconcile this

measure with his former conduct and declared opinions, did write to them

to the following effect: That "at that former period to which the

ancient policy with regard to the Mogul applied, the king's authority

was sufficiently respected" (which he knew not to be true,--having

himself declared, in his minute of the 25th of October, 1774, "that he

remained at Delhi, the ancient capital of the empire, _a mere cipher_ in

the administration of it") to maintain itself against common

vicissitudes; that he would not have advised interference, if the king

himself retained the exercise of it, _however feeble_, in his own hands;

that, if it [the Mogul's authority] is suffered to receive its final

extinction, it is impossible to foresee _what power may arise out of its

ruins_, or what events may be linked in the same chain of revolution

with it: but your interests _may_ suffer by it, your reputation

_certainly will_, as his right to our assistance _has been constantly

acknowledged_, and by a train of consequences to which our government

has not intentionally given birth, but most especially by the movements

which _its influence, by too near an approach_, has excited, it has

unfortunately become the efficient instrument of a great portion of the

king's present distresses and dangers,--intimating (as well as the

studied obscurity of his expressions will permit anything to be

discerned) that his own late intrigues had been among the causes of the

distresses and dangers, which by new intrigues he did pretend to remove:

and he did conclude this part of his letter with some loose general

expressions of his caution not to affect the Company's interests or

revenues by any measures he might at that time take.

XIV. That the principle, so far as the same hath been directly avowed,

of the said proceedings at the Mogul's court, was as altogether

irrational, and the pretended object as impracticable, as the means

taken in pursuit of it were fraudulent and dishonorable, namely, the

restoration of the Mogul in some degree to the dignity of his situation,

and to his free agency in the conduct of his affairs. For the said

Hastings, at the very time in which he did with the greatest apparent

earnestness urge the purpose which he pretended to have in view with

regard to the dignity and liberty of the Mogul emperor, did represent

him as a person wholly disqualified, and even indisposed, to take any

active part whatsoever in the conduct of his own affairs, and that any

attempt for that purpose would be utterly impracticable; and this he

hath stated to the Court of Directors as a matter of public notoriety,

in his said letter of the 16th of June, 1784, in the following

emphatical and decisive terms.

"_You need not be told_ the character of the king, whose inertness, and

the habit of long-suffering, has debased his dignity and the fortunes of

his house _beyond the power of retrieving either the one or the other_.

Whilst his personal repose is undisturbed, he will _prefer_ to live in

_the meanest state of indigence_, under the rule of men whose views are

bounded by avarice and the power which they derive from his authority,

rather than commit any share of it to his own sons, (though his

affection for them is boundless in every other respect,) from a natural

jealousy, founded on the experience of a very different combination of

those circumstances which once served as a temptation and example of

unlawful ambition in the princes of the royal line. His ministers, from

a policy more reasonable, have constantly employed every means of

influence to confirm this disposition, and to prevent his sons from

having any share in the distribution of affairs, so as to have

established a complete usurpation of the royal prerogative under its

own sanction and patronage."

XV. That the said Warren Hastings, having given this opinion of the

sovereign for whose freedom he pretended so anxious a concern, did

describe the minister with whom he had long acted in concurrence, and

from whom he had just received the extraordinary secret embassy

aforesaid for the purpose of effecting the deliverance of his master,

the Mogul, from the usurpations of _his ministers_, as follows. "The

first minister, Mudjed ul Dowlah, is _totally_ deficient in every

military quality, conceited of his own superior talents, and formed to

the practice of _that crooked policy which, generally defeats its own

purpose_, but sincerely attached to his master." The reality of the said

attachment was not improbable, but altogether useless, as the said

minister was the only one among the principal persons about the king who

(besides the total want of all military and civil ability) possessed no

territories, troops, or other means of serving and supporting him, but

was himself solely upheld by his influence over his master: neither doth

the said Hastings free him, any more than the persons more efficient,

who were to be destroyed, from a disposition to alienate the king from

an attention to his affairs, and from all confidence in his own family;

but, on the contrary, he brings him forward as the very first among the

instances he adduces to exemplify the practices of the ministers against

their sovereign and his children.

XVI. That the said Warren Hastings, recommending in general terms, and

yet condemning in detail, every part of his own pretended plan, as

impracticable in itself, and as undertaken in favor of persons all of

whom he describes as incapable, and the principal as indisposed to avail

himself thereof, must have had some other motives for this long,

intricate, dark, and laborious proceeding with the Mogul, which must be

sought in his actions, and the evident drift and tendency thereof, and

in declarations which were brought out by him to serve other purposes,

but which serve fully to explain his real intentions in this intrigue.

XVII. That the other members of the Council-General having abundantly

certified their averseness to his intrigues, and even having shown

apprehensions of his going personally to the Mogul and the Mahrattas for

the purpose of carrying on the same, the said Hastings was driven

headlong to acts which did much more openly indicate the true nature and

purpose of his machinations. For he at length recurred directly, and

with little disguise, to the Mahrattas, and did open an intrigue with

them, although he was obliged to confess, in his letter aforesaid of the

16th June, 1784, that the exception which he contended to be implied in

the orders of the Court of Directors forbidding the intermeddling in the

disputes of "the country powers," namely, "powers not permanent," did by

no means apply to the Mahrattas; and he informs the Court of Directors

that he did, on the very first advice he received of the flight of the

Mogul's son, write to Mr. James Anderson to apprise the Mahratta chief,

Sindia, of that event,--"for which as he was unprepared, he desired his

[the said Sindia's] advice for his conduct on the occasion of it." Which

method of calling for the advice of a foreign power to regulate his

political conduct, instead of being regulated therein by the advice of

the British Council and the standing orders of the Court of Directors,

was a procedure highly criminal; and the crime is aggravated by his not

communicating the said correspondence to the Council-General, as by his

duty he was bound to do; but it does abundantly prove his concert with

the Mahrattas in all that related to his negotiations in the Mogul

court, which were carried on agreeably to their advice, and in

subserviency to their views and purposes.

XVIII. That, in consequence of the cabal begun with the Mahrattas, the

said chief, Sindia, did send his "familiar and confidential ministers"

to him, the said Hastings, being at Lucknow, with whom the said Hastings

did hold several secret conferences, without any secretary or other

assistant: and the said Hastings hath not conveyed to the Court of

Directors any minutes thereof, but hath purposely involved even the

general effect and tendency of these conferences in such obscurity that

it is no otherwise possible to perceive the drift and tendency of the

same, but by the general scope of councils and acts relative to the

politics of the Mogul and of the Mahrattas together, and by the final

event of the whole, which is sufficiently visible. For

XIX. That the said Hastings had declared, in his said letter of the 16th

June, 1784, that the Mogul's right to our assistance had been constantly

acknowledged, that the Mogul had been oppressed by the lesser Mahomedan

princes in the character of his officers of state and military

commanders, and he did plainly intimate that the said Mogul ought to be

relieved from that servitude. And he did, in giving an account to the

Court of Directors of the conferences aforesaid, assure them that "his

inclinations [the inclinations of the Mahratta chief aforesaid] were not

very dissimilar from his own"; and that "neither in this nor in any

other instance would he suffer himself to be drawn into measures which

shall tend to weaken their connection, nor _in this even to oppose his_

[the said chiefs] _inclinations_": the said Hastings well knowing, as in

his letter to Colonel Muir of the ---- he has confessed, that the

inclinations of the said Sindia were to seize on the Mogul's

territories, and that he himself did secretly concur therein, though he

did not formally insert his concurrence in the treaty with the said

Mahratta chief. It is plain, therefore, that he did all along concur

with the Mahrattas in their designs against the said king and his

ministers, under the treacherous pretence of supporting the authority of

the former against the latter, and did contrive and effect the ruin of

them all. For, first, he did give evil and fraudulent counsel to the

heir-apparent of the Mogul "to make advances to the Mahrattas," when he

well knew, and had expressly concurred in, the designs of that state

against his father's, the Mogul's, dominions; and further to engage and

entrap the said prince, did assert that "our government" (meaning the

British government) "was in intimate and sworn connection with Mahdajee

Sindia," when no alliance, offensive or defensive, appears to exist

between the said Sindia and the East India Company, nor can exist,

otherwise than in virtue of some secret agreement between him, the said

Sindia, and Warren Hastings, entered into by the latter without the

knowledge of his colleagues and the government, and never communicated

to the Court of Directors. And, secondly, he did, in order to further

the designs of the Mahrattas, contrive and effect the ruin of the said

Mogul and his authority, by setting on foot, through the aforesaid Major

Browne, sundry perplexed and intricate negotiations, contrary to public

faith, and to the honor of the British nation; by which he did

exceedingly increase the confusion and disorders of the Mogul's court,

exposing the said Mogul to new indignities, insults, and distresses, and

almost all of the northern parts of India to great and ruinous

convulsions, until three out of four of the principal chieftains, some

of them possessing the territories lately belonging to Nudjif Khân, and

maintaining among them eighty thousand troops of horse and foot, and

some of which chiefs wore the ministers aforesaid, being cut off by

their mutual dissensions, and the fort of Delhi being at length

delivered to the Mahrattas, the said Sindia became the uncontrolled

ruler of the royal army, and the person of the Mogul, with the use of

all his pretensions and claims, fell into the hands of a nation already

too powerful, together with an extensive territory, which entirely

covers the Company's possessions and dependencies on one side, and

particularly those of the Nabob of Oude.

XX. That the circumstances of these countries did, in the opinion of the

said Warren Hastings himself, sufficiently indicate to him the necessity

of not aggrandizing any power whatsoever on their borders, he having in

the aforesaid letter of the 16th June given a deliberate opinion of the

situation of Oude in the words following: "That, whilst we are at peace

with the powers of Europe, it is only in this quarter that your

possessions under the government of Bengal are vulnerable." And he did

further in the said letter state, that, "if things had continued as they

had been to that time, with a divided government," (viz., the Company's

and the Vizier's, which government he had himself established, and under

which it ever must in a great degree remain, whilst the said country

continues in a state of dependence,) "the _slightest_ shock from a

foreign hand, or even an _accidental internal commotion_, might have

thrown the whole into confusion, and produced the most fatal

consequences." In this perilous situation he made the above-recited

sacrifices to the ambition of the Mahrattas, and did all along so

actively countenance and forward their proceedings, and with so full a

sense of their effect, that in his minute of the 24th December, 1784, he

has declared, "that in the countries which border on the dominions of

the Nabob Vizier, or on that quarter of our own, in effect _there is no

other power_." And he did further admit, that the presence of the

Mahratta chief aforesaid, so near the borders of the Nabob's dominions,

was no cause of suspicion; for "that it is the effect _of his own

solicitation_, and is _so far_ the effect of an act of that government."

XXI. That, in further pursuit of the same pernicious design, he, the

said Warren Hastings, did enter into an agreement to withdraw a very

great body of the British troops out of the Nabob's

dominions,--asserting, however truly, yet in direct contradiction to his

own declarations, that "this government" (meaning the British

government) "has not any right to force defence with its maintenance

upon him" (the Nabob); and he did thus not only avowedly aggrandize the

Mahratta state, and weaken the defence upon the frontier, but did as

avowedly detain their captain-general in force on that very frontier,

notwithstanding he was well apprised that they had designs against those

dependent territories of Oude, which they had with great difficulty been

persuaded, even in appearance, to include in the treaty of peace,--and

that they have never renounced their claims upon certain large and

valuable portions of them, and have shown evident signs of their

intentions, on the first opportunity, of asserting and enforcing them.

And, finally, the said Warren Hastings, in contradiction to sundry

declarations of his own concerning the necessity of curbing the power of

the Mahrattas, and to the principle of sundry measures undertaken by

himself professedly for that purpose, and to the sense of the House of

Commons, expressed in their resolution of 28th May, 1782, against any

measures that tended to unite the dangerous powers of the Mahratta

empire under one active command, has endeavored to persuade the Company,

that, "while Sindia lives, every accession of territory obtained by him

will be an advantage to this [the British] government"; which if it was

true as respecting the personal dispositions of Sindia, which there is

no reason to believe, yet it was highly criminal to establish a power in

the Mahrattas which must survive the man in confidence of whose personal

dispositions a power more than personal was given, and which may

hereafter fall into hands disposed to make a more hostile use of it.

XXII. That, in consequence of all the before-recited intrigues, the

Mogul emperor being in the hands of the Mahrattas, he, the said Mogul,

has been obliged to declare the head of the Mahratta state to be

vicegerent of the Mogul empire, an authority which supersedes that of

Vizier, and has thereby consolidated in the Mahratta state all the

powers acknowledged to be of legal authority in India; in consequence of

which, they have acquired, and have actually already attempted to use,

the said claims of general superiority against the Company itself,--the

Mahrattas claiming a right in themselves to a fourth part of the

revenues of all the provinces in the Company's possession, and claiming,

in right of the Mogul, the tribute due to him: by which actings and

doings the said Hastings has to the best of his power brought the

British provinces in India into a dependence on the Mahratta state: and

in order to add to the aforesaid enormous claims a proportioned force,

he did never cease, during his stay in India, to contrive the means for

its increase; for it is of public notoriety, that one great object of

the Mahratta policy is to unite under their dominion the nation or

religious sect of the Seiks, who, being a people abounding with

soldiers, and possessing large territories, would extend the Mahratta

power over the whole of the vast countries to the northwest of India.

XXIII. That the said Warren Hastings, further to augment the power of

the said Mahrattas, and to endanger the safety of the British

possessions, having established in force the said Mahrattas on the

frontier, as afore-recited, and finding the Council-General averse in

that situation to the withdrawing the British forces therefrom, and for

disbanding them to the extent required by the said Hastings, did, in a

minute of the 4th December, 1784, after stating a supposition, that,

contrary to his opinion, the said troops should not be reduced, propose

to employ them under the command of the Mogul's son, then under the

influence of the Mahrattas, in a war against the aforesaid people or

religious sect called Seiks, defending the same on the following

principles: "I feel the sense of an obligation, imposed on me by the

supposition I have made, to state a mode of rendering the detachment of

use in its prescribed station, and of affording the _appearance_ of a

cause for its retention."

XXIV. That the said Hastings did admit that there was no present danger

to the Company's possessions from that nation which could justify him in

such a war, as he had declared that the Mahrattas were _the only power_

that bordered on the Company's possessions and those of the Vizier; but

he did assign as a reason for going to war with them their military and

enthusiastic spirit,--the hardiness of their natural constitution,--the

dangers which might arise from them in some future time, if they should

ever happen to be united under one head, they existing at present in a

state little different from anarchy; and he did predict great danger

from them, and at no very remote period, "if this people be permitted to

grow into maturity without interruption." And though he doth pretend

that the solicitations of the heir-apparent of the Mogul, who, he says,

did repeatedly and earnestly solicit him to obtain the permission to use

the Company's troops for the purpose aforesaid, had weight with him, yet

he doth declare, as he expresses himself in the minute aforesaid, that

"a _stronger impulse_, arising from the hope of _blasting the growth_

of a generation whose strength _might_ become fatal to our own, strongly

pleaded in my mind for supporting his wishes."

XXV. That the said Warren Hastings, after forcibly recommending the plan

aforesaid, did state strong objections, that did, "in his judgment,

outweigh the advantages which might arise from a compliance with it."

Yet the said Hastings, being determined to pursue his scheme for

aggrandizing at any rate the Mahratta power, in whose adult growth and

the recent effects of it he could see no danger, did pursue the design

of war against a nation or sect of religion in its infancy, from whom he

had received no injury, and in whose present state of government he did

not apprehend any mischief whatsoever; and finding the Council fixed and

determined on not disbanding the frontier regiments, and thinking that

therein he had found an advantage, he did ground thereon the following

proposition.

"If the expense [of the frontier troops] is to be continued, it may be

surely better continued for some useful purpose than to keep up the

parade of a great military corps designed merely to lie inactive in its

quarters. On this ground, therefore, and on the supposition premised, I

revert to my original sentiments in favor of the prince's plan; but as

this will require some qualification in the execution of it, I will

state my recommendation of it in the terms of a proposition, viz., that,

if it shall be the resolution of the board to continue the detachment

now under the command of Colonel Sir John Cumming at Furruckabad, and if

the prince Mirza Jehander Shah shall apply, _with the authority of the

king, and the concurrence of Mahdajee Sindia_, for the assistance of an

English military force, to act in conjunction with him, to expel the

Seiks from the territories of which they have lately possessed

themselves in the neighborhood of Delhi, it may be granted, and such a

portion of the said detachment allotted to that service as shall be

hereafter judged adequate to it."

XXVI. That the said Warren Hastings did, in the said proposal, endeavor

to circumvent and overreach the Council-General, by converting an

apparent and literal compliance with their resolution into a real and

substantial opposition to and disappointment thereof. For his first

proposal was, to withdraw the Company's troops from the Vizier's country

on the pretence of relieving him from the burden of that establishment,

but in reality with a view of facilitating the Mahratta pretensions on

that province, which would then be deprived of the means of defence. And

when the Council rejected the said proposal on the express ground of

danger to the province by withdrawing from the Mahrattas the restraint

of our troops, the said Hastings, finding his first scheme in favor of

the Mahrattas against the provinces dependent on the Company defeated by

the refusal of the Council to concur in the said measure of withdrawing

the troops, did then endeavor to obtain the same purpose in a different

way; and instead of leaving the troops, according to the intention and

policy of the Council, as a check to the ambition and progress of the

Mahrattas, he proposed to employ them in the actual furtherance of those

schemes of aggrandizement of which his colleagues were jealous, and

which it was the object of their resolution to counteract.

XXVII. That, in the whole of the letters, negotiations, proposals, and

projects of the said Warren Hastings relative to the Mogul, he did

appear to pursue but one object, namely, the aggrandizement of the

lately hostile and always dangerous power of the Mahrattas, and did

pursue the same by means highly dishonorable to the British character

for honor, justice, candor, plain-dealing, moderation, and humanity.

XIX.--LIBEL ON THE COURT OF DIRECTORS.

I. That Warren Hastings, Esquire, was, during the whole of the year

1783, a servant of the East India Company, and was bound by the duties

of that relation not only to yield obedience to the orders of the Court

of Directors, but to give to the whole of their service an example of

submission, reverence, and respect to their authority; and that, if they

should in the course of their duty call in question any part of his

conduct, he was bound to conduct his defence with temper and decency;

and while his conduct was under their consideration, it was not

allowable to print and publish any of his letters to them without their

consent first had and obtained; and he was bound by the same principles

of duty, enforced by still more cogent reasons, to observe, in a paper

intended for publication, great modesty and moderation, and to treat the

said Court of Directors, his lawful masters, with respect.

II. That the said Warren Hastings did print and publish, or cause to be

printed and published, at Calcutta in Bengal, the narrative of his

transactions at Benares, in a letter written at that place, without

leave had of the Court of Directors, in order to preoccupy the judgment

of the servants in that settlement, and to gain from them a factious

countenance and support, previous to the judgment and opinion of the

Court of Directors, his lawful superiors.

III. That the Court of Directors, having come to certain resolutions of

fact relative to the engagements subsisting between them and the Rajah

of Benares, and the manner in which the same had been fulfilled on the

part of the Rajah, did, in the fifth resolution, which was partly a

resolution of opinion, declare as follows: "That it appears to this

Court that the conduct of the Governor-General towards the Rajah, whilst

he was at Benares, was improper; and that the imprisonment of his

person, thereby disgracing him in the eyes of his subjects and others,

was unwarrantable and highly impolitic, and may tend to weaken the

confidence which the native princes of India ought to have in the

justice and moderation of the Company's government."

IV. That the said resolutions being transmitted to the said Warren

Hastings, he, the said Warren Hastings, did write, and cause to be

printed and published, a certain false, insolent, malicious, and

seditious libel, purporting to be a letter from him, the said Warren

Hastings, to the Court of Directors, dated Fort William, 20th March,

1783, "calculated," as the Directors truly affirm, "to bring contempt,

as well as an odium, on the Court of Directors, for their conduct on

that occasion"; and the said libel had a direct tendency to excite a

spirit of disobedience to the lawful government of this nation in India

through all ranks of their service.

V. That he, the said Warren Hastings, among other insolent and

contumacious charges and aspersions on the Court of Directors, did

address them in the printed letter aforesaid as follows. "I deny that

Rajah Cheyt Sing was a native prince of India. Cheyt Sing is the son of

a collector of the revenue of that province, which his arts, and the

misfortunes of his master, enabled him to convert to a permanent and

hereditary possession. This man, whom _you have thus ranked among the

princes_ of India, will be astonished, when he hears it, at an elevation

so unlooked for, nor less at the independent rights which _your_

commands have assigned him,--rights which are _so foreign to his

conceptions, that I doubt whether he will know in what language to

assert them, unless_ the example which _you have thought it consistent

with justice, however opposite to policy, to show, of becoming his

advocates against your own interests, should inspire any of your own

servants to be his advisers and instructors_." And he did further, to

bring into contempt the authority of the Company, and to excite a

resistance to their lawful orders, frame a supposition that the Court of

Directors had intended the restoration of the Rajah of Benares, and on

that ground did presume in the said libel to calumniate, in

disrespectful and contumelious terms, the policy of the Court of

Directors, as well as the person whom he did conceive to be the object

of their protection, as followeth. "Of the consequences of such a policy

I forbear to speak. _Most happily, the wretch whose hopes may be excited

by the appearances in his favor is ill qualified to avail himself of

them_, and _the force which is stationed in the province of Benares is

sufficient to suppress any symptoms of internal sedition_; but it cannot

fail to create distrust and suspense in the minds both of the rulers and

of the people, and such a state is always productive of disorder. But it

is not in this partial consideration that I dread the effects of your

commands; it is in your proclaimed indisposition against the first

executive member of your first government in India. I almost shudder at

the reflection of what might have happened, had these denunciations

against your own minister, in favor of a man universally considered in

this part of the world as justly attainted for his crimes, the murderer

of your servants and soldiers, and the rebel to your authority, arrived

two months earlier."

VI. That the said Warren Hastings did also presume to censure and

asperse the Court of Directors for the moderate terms in which they had

expressed their displeasure against him, as putting him under the

necessity of stating in his defence a strong accusation against himself,

and as implying in the said Court a consciousness that he was not guilty

of the offences charged upon him,--being, as he asserts, in the

resolutions of the Court of Directors, "arraigned and prejudged of _a

violation of national faith, in acts of such complicated aggravation_,

that, _if they were true_, no punishment SHORT OF DEATH could atone for

the injury which the interest and credit of the public had sustained in

them"; and he did therefore censure the said Court for applying no

stronger or more criminating epithets than those of "improper,

unwarrantable, and highly impolitic," to an offence so by them charged,

and by him described. And though it be true that the expressions

aforesaid are much too reserved for the purpose of duly characterizing

the offences of the said Hastings, yet was it _in him_ most indecent to

libel the Court of Directors for the same; and his implication, from the

tenderness of the epithets and descriptions aforesaid used towards him,

was not only indecent, but ungrounded, malicious, and scandalous,--he

having himself highly, though truly, aggravated "the charge of the

injuries done by him to the Rajah of Benares," in order to bring the

said Directors into contempt and suspicion, the paragraphs in the said

libel being as follow.--"Here I must crave leave to say, that the terms

'improper, unwarrantable, and highly impolitic' are much too gentle, as

deductions from such premises; and as every reader of the latter will

obviously feel, as he reads, the deductions which inevitably belong to

them, I will add, that the strict performance of solemn engagements on

one part, followed by acts directly subversive of them and by total

dispossession on the other, stamps on the perpetrators of the latter the

guilt of the greatest possible violation of faith and justice."--"There

is an appearance of tenderness in this deviation from plain

construction, of which, however meant, I have a right to complain;

because it imposes on me the necessity of framing the terms of the

accusation against myself, which you have only not made, but have stated

the leading arguments to it so strongly, that no one who reads these can

avoid making it, _or not know it to have been intended_."

VII. That the said Hastings, being well aware that his own declarations

did contain the clearest condemnation of his own conduct from his own

pen, did in the said libel attempt to overturn, frustrate, and render of

none effect all the proofs to be given of prevarication, contradiction,

and of opposition of action to principle, which can be used against men

in public trust, and did contend that the same could not be used against

him; and as if false assertions could be justified by factious motives,

he did endeavor to do away the authority of his own _deliberate,

recorded_ declarations, entered by him _in writing_ on the Council-Books

of the Presidency; for, after asserting, _but not attempting to prove_,

that his declarations were consistent with his conduct, he writes in the

said libel as follows: For "were it otherwise, they were not to be made

the rules of my conduct; and God forbid that every expression dictated

by the impulse of present emergency, and unpremeditatedly uttered in the

heat of party contention, should impose upon me the obligation of a

fixed principle, and be applied to every variable occasion!"

VIII. That the said Hastings, in order to draw the lawful dependence of

the servants of the Company from the Court of Directors to a factious

dependence on himself, did, in the libel aforesaid, treat the acts and

appointments of their undoubted authority, when exercised in opposition

to his arbitrary will, as ruinous to their affairs, in the following

terms. "It is as well known to the Indian world as to the Court of

English Proprietors, that the first declaratory instruments of the

dissolution of my influence, in the year 1774, were Mr. John Bristow and

Mr. Francis Fowke. By your ancient and known constitution the Governor

has been ever held forth and understood to possess the ostensible

powers of government; all the correspondence with foreign princes is

conducted in his name; and every person resident with them for the

management of your political concerns is understood to be _more

especially his_ representative, and of _his_ choice: and such ought to

be the rule; for how otherwise can they trust an agent nominated against

the will of _his_ principal? When the state of this administration was

such as seemed to _admit of_ the appointment of Mr. Bristow to the

Residency of Lucknow without _much_ diminution of _my own_ influence, I

gladly seized the occasion to show my readiness to submit to your

commands; I proposed his nomination; he was nominated, and declared to

_be the agent of my own choice_. Even this effect of my caution _is

defeated by your absolute command for his reappointment independent of

me, and with the supposition that I should be adverse to it_.--I am now

wholly deprived of my official powers, both in the province of Oude, and

in the zemindary of Benares."

IX. That, further to emancipate others and himself from due obedience to

the Court of Directors, he did, in the libel aforesaid, enhance his

services, which, without specification or proof, he did suppose in the

said libel to be important and valuable, by representing them as done

under their displeasure, and doth attribute his not having done more to

their opposition, as followeth. "It is now a complete period of eleven

years since I first received the first nominal charge of your affairs;

in the course of it I have _invariably_ had to contend, not with

ordinary difficulties, but such as most _unnaturally_ arose _from the

opposition of those very powers from which I primarily derived my

authority, and which were required for the support of it_. My exertions,

though applied to an unvaried and consistent line of action, have been

occasional and desultory; yet I please myself with the hope, that, in

the annals of your dominion, which shall be written after the extinction

of recent prejudices, this term of its administration will appear not

the least conducive to the interests of the Company, nor the least

reflective of the honor of the British name: and allow me to suggest the

instructive reflection of _what good might have been done, and what evil

prevented, had due support been given to that administration which has

performed such eminent and substantial services without it_."

And the said Hastings, further to render the authority of the said Court

perfectly contemptible, doth, in a strain of exultation for his having

escaped out of a measure in which by his guilt he had involved the

Company in a ruinous war, and out of which it had escaped by a sacrifice

of almost all the territories before acquired (from that enemy which he

had made) either by war or former treaties, and by the abandoning the

Company's allies to their mercy, attribute the said supposed services to

his acting in such a manner as had on former occasions excited their

displeasure, in the following words. "Pardon, Honorable Sirs, this

digressive exultation. I cannot suppress the pride which I feel in this

successful achievement of a measure so fortunate for your interests and

the national honor; for that pride is the source of my zeal, so

frequently exerted in your support, and never more happily than in those

instances _in which I have departed from the prescribed and beaten path

of action, and assumed a responsibility which has too frequently drawn

on me the most pointed effects of your displeasure_. But however I may

yield to my private feelings in thus enlarging on the subject, my motive

in introducing it was immediately connected with its context, and was to

contrast _the actual state of your political affairs, derived from a

happier influence, with that which might have attended an earlier

dissolution of it_": and he did value himself upon "the _patience_ and

temper with which he had submitted to all the indignities which have

been heaped upon him" (meaning, by the said Court of Directors) "in this

long service"; and he did insolently attribute to an unusual strain of

zeal for their service, that he "_persevered_ in the VIOLENT MAINTENANCE

OF HIS OFFICE."

X. That, in order further to excite the spirit of disobedience in the

Company's servants to the lawful authority set over them, he, the said

Warren Hastings, did treat contemptuously and ironically the supposed

disposition of the Company's servants to obey the orders of the Court of

Directors, in the words following. "The recall of Mr. Markham, who was

known to be the public agent of my own nomination at Benares, and the

reappointment of Mr. Francis Fowke by your order, contained in the same

letter, would place it [the restoration of Cheyt Sing] beyond a doubt.

_This order has been obeyed; and whenever you shall be pleased to order

the restoration of Cheyt Sing, I will venture to promise the same ready

and exact submission in the other members of the Council._" And he did,

in the postscript of the said letter, and as on recollection, endeavor

to make a reparation of honor to his said colleagues, as if his

expressions aforesaid had arisen from animosity to them, as follows.

"Upon a careful revisal of what I have written, I fear that an

expression which I have used, respecting the probable conduct of the

board in the event of orders being received for the restoration of Cheyt

Sing, may be construed as intimating a sense of dissatisfaction applied

to transactions already past.--It is not my intention to complain of any

one."

XI. That the said Hastings, in the acts of injury aforesaid to the Rajah

of Benares, did assume and arrogate to himself an illegal authority

therein, and did maintain that the acts done in consequence of that

measure were not revocable by any subsequent authority, in the following

words. "If you should proceed to order the restoration of Cheyt Sing to

the zemindary, from which, _by the powers which I legally possessed_,

and conceive myself legally _bound to assert_ against any _subsequent

authority to the contrary_ derived from _the same common source_, he was

dispossessed for crimes of the greatest enormity, and your Council shall

resolve to execute the order, I will instantly give up my station and

the service."

XII. That the said Warren Hastings did attempt to justify his

publication of the said libellous letter to and against the Court of

Directors by asserting therein that these resolutions (meaning the

resolutions of the Court of Directors relative to the Rajah of Benares)

"were _either_ published or _intended_ for publication": evidently

proving that he did take this unwarrantable course without any

sufficient assurance that the ground and motive by him assigned had any

existence.

XX.--MAHRATTA WAR AND PEACE.

I. That by an act passed in 1773 it was expressly ordered and provided,

"that it should not be lawful for any President and Council of Madras,

Bombay, or Bencoolen, for the time being, to make any orders for

commencing hostilities, or declaring or making war, against any Indian

princes or powers, or for negotiating or concluding any treaty of peace,

or other treaty, with any such Indian princes or powers, without the

consent and approbation of the Governor-General and Council first had

and obtained, except in such cases of _imminent necessity_ as would

render it dangerous to postpone such hostilities or treaties until the

orders from the Governor-General and Council might arrive." That,

nevertheless, the President and Council of Bombay did, in December,

1774, without the consent and approbation of the Governor-General and

Council of Fort William, and in the midst of profound peace, commence an

unjust and unprovoked war against the Mahratta government, did conclude

a treaty with a certain person, a fugitive from that government, and

proscribed by it, named Ragonaut Row, or Ragoba, and did, under various

base and treacherous pretences, invade and conquer the island of

Salsette, belonging to the Mahratta government.

II. That Warren Hastings, on the first advices received in Bengal of the

above transactions, did condemn the same in the strongest

terms,--declaring that "the measures adopted by the Presidency of Bombay

had a tendency to a very extensive and indefinite scene of troubles, and

that their conduct was unseasonable, impolitic, unjust, and

unauthorized." And the Governor-General and Council, in order to put a

stop to the said unjust hostilities, did appoint an ambassador to the

Peshwa, or chief of the Mahratta state, resident at Poonah; and the said

ambassador did, after a long negotiation, conclude a definitive treaty

of peace with the said Peshwa on terms highly honorable and beneficial

to the East India Company, who by the said treaty obtained from the

Mahrattas a cession of considerable tracts of country, the Mahratta

share of the city of Baroach, twelve lacs of rupees for the expenses of

the said unjust war, and particularly the island of Salsette, of which

the Presidency of Bombay had possessed themselves by surprise and

treachery. That, in return for these extraordinary concessions, the

articles principally insisted on by the Mahrattas, with a view to their

own future tranquillity and internal quiet, were, that _no assistance

should he given to any subject or servant of the Peshwa that should

cause disturbances or rebellion in the Mahratta dominions_, and

particularly that the English _should not assist Ragonaut Row_, to whom

the Mahrattas agreed to allow five lacs of rupees a year, or a jaghire

to that amount, and that he should reside at Benares. That,

nevertheless, the Presidency of Bombay did receive and keep Ragonaut Row

at Bombay, did furnish him with a considerable establishment, and

continue to carry on secret intrigues and negotiations with him, thereby

giving just ground of jealousy and distrust to the Mahratta state. That

the late Colonel John Upton, by whom the treaty of Poorunder was

negotiated and concluded, did declare to the Governor-General and

Council, "that, while Ragonaut Row resides at Bombay in expectation of

being supported, the ministers can place no confidence in the Council

there, which must now be productive of the greatest inconveniencies, and

perhaps in the end of fatal consequences." That the said Warren

Hastings, concurring with his Council, which then consisted of Sir John

Clavering, Richard Barwell, and Philip Francis, Esquires, did, on the

18th of August, 1777, declare to the Presidency of Bombay, that "he

could see no reason to doubt that the presence of Ragoba at Bombay would

continue to be _an insuperable bar_ to the completion of the treaty

concluded with the Mahratta government; nor could any sincere cordiality

and good understanding be established with them, as long as he should

appear to derive encouragement and support from the English." That Sir

John Clavering died soon after, and that the late Edward Wheler,

Esquire, succeeded to a seat in the Supreme Council. That on the 29th of

January, 1778, the Governor-General and Council received a letter from

the Presidency of Bombay, dated 12th December, 1777, in which they

declared, "that they had agreed to give encouragement to a _party_

formed in Ragoba's favor, and flattered themselves they should meet with

the hearty concurrence of the Governor-General and Council in the

measures they might be obliged to pursue in consequence." That the

_party_ so described was said to consist of four principal persons in

the Mahratta state, on whose part _some overtures_ had been made to Mr.

William Lewis, the Resident of Bombay at Poonah, _for the assistance of

the Company to bring Ragoba to Poonah_. That the said Warren Hastings,

immediately on the receipt of the preceding advices, did propose and

carry it in Council, by means of his casting voice, and against the

remonstrances, arguments, and solemn protest of two members of the

Supreme Council, that the _sanction_ of that government should be given

to the plan which the President and Council of Bombay had agreed to form

with the Mahratta government; and also that a supply of money (to the

amount of ten lacs of rupees) should be immediately granted to the

President and Council of Bombay _for the support of their engagements

above mentioned_; and also that a military force should be sent to the

Presidency of Bombay. That in defence of these resolutions the said

Warren Hastings did falsely pretend and affirm, "that the resolution of

the Presidency of Bombay was formed on such a case of _imminent

necessity_ as would have rendered it dangerous to postpone the execution

of it until the orders from the Governor-General and Council might

arrive; and that the said Presidency of Bombay _were warranted by the

treaty of Poorunder_ to join in a plan for conducting Ragonaut Row to

Poonah on the application of the ruling part of the Mahratta state":

whereas the main object of the said treaty on the part of the Mahrattas,

and to obtain which they made many important concessions to the India

Company, was, that the English should withdraw their forces, and give no

assistance to Ragoba, and that he should be excluded forever from any

share in their government, being a person _universally held in

abhorrence_ in the Mahratta empire; and if it had been true (instead of

being, as it was, notoriously false) that _the ruling part_ of the

administration of the Mahratta state solicited the return of Ragonaut

Row to Poonah, his return in that case might have been effected by acts

of their own, without the interposition of the English power, and

without our interference in their affairs. That it was the special duty

of the said Warren Hastings, derived from a special trust reposed in him

and power committed to him by Parliament, to have restrained, as by law

he had authority to do, the subordinate Presidency of Bombay from

entering into hostilities with the Mahrattas, or from making engagements

the manifest tendency of which was to enter into those hostilities, and

to have put a stop to them, if any such had been begun; that he was

bound by the duty of his office to preserve the faith of the British

government, pledged in the treaty of Poorunder, inviolate and sacred, as

well as by the special orders and instructions of the East India Company

_to fix his attention to the preservation of peace throughout India_:

all which important duties the said Warren Hastings did wilfully

violate, in giving the _sanction_ of the Governor-General and Council to

the dangerous, faithless, and ill-concerted projects of the President

and Council of Bombay hereinbefore mentioned, from which the subsequent

Mahratta war, with all the expense, distress, and disgraces which have

attended it, took their commencement; and that the said Warren Hastings,

therefore, is specially and principally answerable for the said war, and

for all the consequences thereof. That in a letter dated the 20th of

January, 1778, the President and Council of Bombay informed the

Governor-General and Council, that, in consequence of later intelligence

received from Poonah, they had _immediately resolved that nothing

further could be done, unless Saccaram Baboo, the principal in the late

treaty_ (of Poorunder) _joined in making a formal application to them_.

That no such application was ever made by that person. That the said

Warren Hastings, finding that all this pretended ground for engaging in

an invasion of the Mahratta government had totally failed, did then

pretend to give credit to, and to be greatly alarmed by, the suggestions

of the President and Council of Bombay, that the Mahrattas were

negotiating with the French, and had agreed to give them the port of

Choul, on the Malabar coast, and did affirm that the French _had

obtained possession of that port_. That all these suggestions and

assertions were false, and, if they had been true, would have furnished

no just occasion for attacking either the Mahrattas or the French, with

both of whom the British nation was then at peace. That the said Warren

Hastings did then propose and carry the following resolution in Council,

against the protest of two members thereof, that, "for the purpose of

granting you [the Presidency of Bombay] the most effectual support in

our power, we have resolved to assemble a strong military force near

Calpee, the commanding officer of which is to be ordered to march by the

most practicable route to Bombay, or to such other place as future

occurrences and your directions to him may render it expedient"; and

with respect to the _steps_ said to be taking _by the French to obtain a

settlement on the Malabar coast_, the said Warren Hastings did declare

to the Presidency of Bombay, "that it was the opinion of the

Governor-General and Council that no time ought to be lost in forming

and carrying into execution such measures as might most effectually tend

to frustrate such dangerous designs." That the said Warren Hastings,

therefore, instead of fixing his attention to the preservation of peace

throughout India, as it was his duty to have done, did continue to abet,

encourage, and support the dangerous projects of the Presidency of

Bombay, and did thereby manifest a determined intention to disturb the

peace of India, by the unfortunate success of which intention, and by

the continued efforts of the said Hastings, the greatest part of India

has been for several years involved in a bloody and calamitous war. That

both the Court of Directors and Court of Proprietors did specially

instruct the said Warren Hastings, in all his measures, "to make the

safety and prosperity of Bengal his principal object," and did heavily

censure the said Warren Hastings for having employed their troops at a

great distance from Bengal in a war against the Rohillas, which the

House of Commons have pronounced to be _iniquitous_,[17] and did on that

occasion expressly declare, "that they disapproved of all such distant

expeditions as might eventually carry their forces to any situation too

remote to admit of their speedy and safe return to the protection of

their own provinces, in case of emergency."[18] That the said Warren

Hastings nevertheless ordered a detachment from the Bengal army to cross

the Jumna, and to proceed across the peninsula by a circuitous route

through the diamond country of Bundelcund, and through the dominions of

the Rajah of Berar, situated in the centre of Hindostan, and did thereby

strip the provinces subject to the government of Fort William of a

considerable part of their established defence, and did thereby disobey

the general instructions and positive orders of the Court of Directors,

(given upon occasion of a crime of the same nature committed by the said

Hastings,) and was guilty of a high crime and misdemeanor.

That the said Warren Hastings, having taken the measures hereinbefore

described for supporting those of the Presidency of Bombay, did, on the

23d of March, 1778, "invest the said Presidency with authority to form

a new alliance with Ragoba, and to engage with him in _any_ scheme which

they should deem expedient and safe for retrieving his affairs." That

the said Hastings was then in possession of a letter from the Court of

Directors, dated the 4th of July, 1777, containing a positive order to

the Presidency of Bombay in the following words. "Though that treaty"

(meaning the treaty of Poorunder) "is not, upon the whole, so agreeable

to us as we could wish, still we are resolved strictly to adhere to it

on our parts. You must therefore be particularly vigilant, while Ragoba

is with you, to prevent him from forming any plan against what is called

the ministerial party at Poonah; and we hereby positively order you not

to engage with him in any scheme whatever in retrieving his affairs,

without the consent of the Governor-General and Council, or the Court of

Directors." That the said Ragoba neither did or could form any plan for

his restoration but what was and must be against the ministerial party

at Poonah, who held and exercised the regency of that state in the

infancy of the Peshwa; and that, supposing him to have formed any other

_scheme_, in conjunction with Bombay, _for retrieving his affairs_, the

said Hastings, in giving a previous _general_ authority to the

Presidency of Bombay to engage with Ragoba in _any_ scheme for that

purpose, without knowing what such scheme might be, and thereby

relinquishing and transferring to the discretion of a subordinate

government that superintendence and control over all measures tending to

create or provoke a war which the law had exclusively vested in the

Governor-General and Council, was guilty of a high crime and

misdemeanor.

That the said Warren Hastings, having first declared that the measures

taken by him were for the support of the engagements made by the

Presidency of Bombay in favor of Ragoba, did afterwards, when it

appeared that those negotiations were _entirely laid aside_, declare

that his apprehension of the consequence of a pretended _intrigue_

between the Mahrattas and the French _was the sole motive of all the

late measures taken for the support of the Presidency of Bombay_; but

that neither of the preceding declarations contained the true motives

and objects of the said Hastings, whose real purpose, as it appeared

soon after, was, to make use of the superiority of the British power in

India to carry on offensive wars, and to pursue schemes of conquest,

impolitic and unjust in their design, ill-concerted in the execution,

and which, as this House has resolved, _have brought great calamities on

India, and enormous expenses on the East India Company_.

That the said Warren Hastings, on the 22d of June, 1778, made the

following declaration in Council. "Much less can I agree, that, with

such superior advantages as we possess over every power which can oppose

us, we should act _merely on the defensive_. On the contrary, if it be

really true that the British arms and influence have suffered so severe

a check in the Western world, it is more incumbent on those who are

charged with the interests of Great Britain in the East _to exert

themselves for the retrieval of the national loss_. We have the means in

our power, and, if they are not frustrated by our own dissensions, I

trust that the event of this expedition will yield every advantage _for

the attainment of which it was undertaken_."

That, in pursuance of the principles avowed in the preceding

declaration, the said Warren Hastings, on the 9th of July, 1778, did

propose and carry it in Council, that an embassy should be sent from

Bengal to Moodajee Boosla, the Rajah of Berar,--falsely asserting that

the said Rajah "was, by interest and inclination, likely to join in an

alliance with the British government, and suggesting that two advantages

might be offered to him as the inducements to it: first, the support of

his pretensions to the sovereign power" (viz., of the Mahratta empire);

"second, the recovery of the captures made on his dominions by Nizam

Ali." That the said Hastings, having already given full authority to the

Presidency of Bombay to engage the British faith to Ragonaut Row to

support him in _his_ pretensions to the government or to the regency of

the Mahratta empire, was guilty of a high crime and misdemeanor in

proposing to engage the same British faith to support the pretensions of

another competitor for the same object; and that, in offering to assist

the Rajah of Berar to recover the captures made on his dominions by the

Nizam, the said Hastings did endeavor, as far as depended on him, to

engage the British nation in a most unjust and utterly unprovoked war

against the said Nizam, between whom and the East India Company a treaty

of peace and friendship did then subsist, unviolated on his

part,--notwithstanding the said Hastings well knew that it made part of

the East India Company's fundamental policy to support that prince

against the Mahrattas, and _to consider him as one of the few remaining

chiefs who were yet capable of coping with the Mahrattas_, and that it

was the Company's _true interest to preserve a good understanding with

him_. That, by holding out such offers to the Rajah of Berar, the said

Hastings professed to hope that the Rajah _would ardently catch at the

objects presented to his ambition_: and although the said Hastings did

about this time lay it down as a maxim that _there is always a greater

advantage in receiving solicitations than in making advances_, he

nevertheless declared to the said Rajah that _in the whole of his

conduct he had departed from the common line of policy, and had made

advances where others in his situation would have waited for

solicitation_. That the said unjust and dangerous projects did not take

effect, because the Rajah of Berar refused to join or be concerned

therein; yet so earnest was the said Hastings for the execution of those

projects, that in a subsequent letter he daringly and treacherously

assured the Rajah, "that, if he had accepted of the terms offered him by

Colonel Goddard, and concluded a treaty with the government of Bengal

upon them, he should have held the obligation of it superior to that of

any engagement formed by the government of Bombay, and should have

thought it his duty to maintain it, &c., against every consideration

_even of the most valuable interests and safety of the English

possessions intrusted to his charge_." That all the offers of the said

Hastings were rejected with slight and contempt by the Rajah of Berar;

but the same being discovered, and generally known throughout India, did

fill the chief of the princes and states of India with a general

suspicion and distrust of the ambitious designs and treacherous

principles of the British government, and with an universal hatred of

the British nation. That the said princes and states were thereby so

thoroughly convinced of the necessity of uniting amongst themselves to

oppose a power which kept no faith with any of them, and equally

threatened them all, that, renouncing all former enmities against each

other, they united in a common confederacy against the English, viz.:

the Peshwa, as representative of the Mahratta state, and Moodajee

Boosla, the Rajah of Berar, that is, the principal Hindoo powers of

India, on one side; and Hyder Ali, and the Nizam of the Deccan, that is,

the principal Mahomedan powers of India, on the other: and that in

consequence of this confederacy Hyder Ali invaded, overran, and ruined

the Carnatic; and that Moodajee Boosla, instead of _ardently catching at

the objects presented to his ambition_ by the said Hastings, sent an

army to the frontiers of Bengal,--which army the said Warren Hastings

was at length forced to buy off with twenty-six lacs of rupees, or

300,000_l._ sterling, after a series of negotiations with the Mahratta

chiefs who commanded that army, founded and conducted on principles so

dishonorable to the British name and character, that the Secret

Committee of the House of Commons, by whom the rest of the proceedings

in that business were reported to the House, _have upon due

consideration thought it proper to leave out the letter of instructions

to Mr. Anderson_, viz., those given by the said Warren Hastings to the

representative of the British government, and concerning which the said

committee have reported in the following terms: "The schemes of policy

by which the Governor-General seems to have dictated the instructions he

gave to Mr. Anderson" (the gentleman deputed) "will also appear in this

document, as well respecting the particular succession to the _rauje_,

as also the mode of accommodating the demand of _chout_, the

establishment of which was apparently the great aim of Moodajee's

political manoeuvres, while the Governor-General's wish to defeat it was

avowedly more intent on the removal of a nominal disgrace than on the

anxiety or resolution to be freed from an expensive, if an unavoidable

incumbrance."

That, while the said Warren Hastings was endeavoring to persuade the

Rajah of Berar to engage with him in a scheme to place the said Rajah at

the head of the Mahratta empire, the Presidency of Bombay, by virtue of

the powers specially vested in them for that purpose by the said

Hastings, did really engage with Ragonaut Row, the other competitor for

the same object, and sent a great part of their military force,

established for the defence of Bombay, on an expedition with Ragonaut

Row, to invade the dominions of the Peshwa, and to take Poonah, the

capital thereof; that this army, being surrounded and overpowered by the

Mahrattas, was obliged to capitulate; and then, through the moderation

of the Mahrattas, was permitted to return quietly, but _very

disgracefully_, to Bombay. That, supposing the said Warren Hastings

could have been justified in abandoning the project of reinstating

Ragonaut Row, which he at first authorized and promised to support, and

in preferring a scheme to place the Rajah of Berar at the head of the

Mahratta empire, he was bound by his duty, as well as injustice to the

Presidency of Bombay, to give that Presidency timely notice of such his

intention, and to have restrained them positively from resuming their

own project; that, on the contrary, the said Warren Hastings did, on the

17th of August, 1778, again _authorize_ the said Presidency "to assist

Ragoba with a military force to conduct him to Poonah, and to establish

him in the regency there," and, so far from communicating his change of

plan to Bombay, did keep it concealed from that Presidency, insomuch

that, even so late as the 19th of February, 1779, William Hornby, then

Governor of Bombay, declared in Council his total ignorance of the

schemes of the said Hastings in the following terms: "The schemes of the

Governor-General and Council with regard to the Rajah of Berar _being

yet unknown to us_, it is impossible for us to found any measures on

them; yet I cannot help now observing, that, if, as has been

conjectured, the gentleman of that Presidency have entertained thoughts

of restoring, in his person, the ancient Rajah government, the attempt

seems likely to be attended with no small difficulty." That, whereas the

said Warren Hastings did repeatedly affirm that it was his intention to

support the plan formed by the Presidency of Bombay in favor of Ragoba,

and did repeatedly authorize and encourage them to pursue it, he did

nevertheless, at the same time, in his letters and declarations to the

Peshwa, to the Nizam, and to the Rajah of Berar, falsely and

perfidiously affirm, _that it never was nor is designed by the English

chiefs to give support to Ragonaut Row,--that he_ (Hastings) _had no

idea of supporting Ragonaut Row,--and that the detachment he had sent to

Bombay was solely to awe the French, without the least design to assist

Ragonaut Row_. That, supposing it to have been the sole _professed_

intention of the said Hastings, in sending an army across India, to

protect Bombay against a Trench invasion, even that pretence was false,

and used only to cover the real design of the said Hastings, viz., to

engage in projects of war and conquest with the Rajah of Berar. That on

the 11th of October, 1778, he informed the said Rajah "that the

detachment would soon arrive in his territories, and depend on him

[Moodajee Boosla] for its subsequent operations"; that on the 7th of

December, 1778, the said Hastings revoked the powers he had before

given[19] to the Presidency of Bombay over the detachment, declaring

that the event of Colonel Goddard's negotiation with the Rajah of Berar

_was likely to cause a very speedy and essential change in the design

and operations of the detachment_; and that on the 4th of March, 1779,

the said Hastings, immediately after receiving advice of the defeat of

the Bombay army near Poonah, and when Bombay, if at any time,

particularly required to be protected against a French invasion, did

declare in Council that he _wished for the return of the detachment to

Berar, and dreaded to hear of its proceeding to the Malabar coast_: and

therefore, if the said Hastings did not think that Bombay was in danger

of being attacked by the French, he was guilty of repeated falsehoods in

affirming the contrary for the purpose of covering a criminal design;

or, if he thought that Bombay was immediately threatened with that

danger, he then was guilty of treachery in ordering an army necessary on

that supposition to the immediate defence of Bombay to halt in Berar, to

depend on the Rajah of Berar for its subsequent operations, or on _the

event of a negotiation_ with that prince, which, as the said Hastings

declared, _was likely to cause a very speedy and essential change in the

design and operations of the detachment_; and finally, in declaring that

_he dreaded to hear of the said detachment's proceeding to the Malabar

coast_, whither he ought to have ordered it to proceed without delay,

if, as he has solemnly affirmed, it was true that _he had been told by

the highest authority that a powerful armament had been prepared in

France, the first object of which was an attack upon Bombay, and that

he knew with moral certainty that all the powers of the adjacent

continent were ready to join the invasion_.

That through the whole of these transactions the said Warren Hastings

has been guilty of continued falsehood, fraud, contradiction, and

duplicity, highly dishonorable to the character of the British nation;

that, in consequence of the unjust and ill-concerted schemes of the said

Hastings, the British arms, heretofore respected in India, have suffered

repeated disgraces, and great calamities have been thereby brought upon

India; and that the said Warren Hastings, as well in exciting and

promoting the late unprovoked and unjustifiable war against the

Mahrattas, as in the conduct thereof, has been guilty of sundry high

crimes and misdemeanors.

That, by the definitive treaty of peace concluded with the Mahrattas at

Poorunder, on the 1st of March, 1776, the Mahrattas gave up all right

and title to the island of Salsette, unjustly taken from them by the

Presidency of Bombay; did also give up to the English Company forever

all right and title to their entire shares of the city and purgunnah of

Baroach; did also give forever to the English Company a country of three

lacs of rupees revenue, near to Baroach; and did also agree to pay to

the Company twelve lacs of rupees, in part of the expenses of the

English army: and that the terms of the said treaty _were honorable and

advantageous to the India Company_.[20]

That Warren Hastings, having broken the said treaty, and forced the

Mahrattas into another war by a repeated invasion of their country, and

having conducted that war in the manner hereinbefore described, did, on

the 17th of May, 1782, by the agency of Mr. David Anderson, conclude

another treaty of perpetual friendship and alliance with the Mahrattas,

by which the said Hastings agreed to deliver up to them all the

countries, places, cities, and forts, particularly the island of

Bassein, (taken from the Peshwa during the war,) and to relinquish all

claim to the country of three lacs of rupees ceded to the Company by the

treaty of Poorunder; that the said Warren Hastings did also at the said

time, by a private and separate agreement, deliver up to Mahdajee Sindia

the whole of the city of Baroach,--that is, not only the share in the

said city which the India Company acquired by the treaty of Poorunder,

but the other share thereof which the India Company possessed for

several years before that treaty; and that among the reasons assigned by

Mr. David Anderson for totally stripping the Presidency of Bombay of all

their possessions on the Malabar coast, he has declared, "that, from the

general tenor of the _rest_ of the treaty, the settlement of Bombay

would be in future put on such a footing that it might well become a

question whether the possession of an inconsiderable territory without

forts would not be attended with more loss than advantage, as it must

necessarily occasion considerable expense, must require troops for its

defence, and might probably in the end lead, as Sindia apprehended, to a

renewal of war."

That the said Warren Hastings, having in this manner put an end to a war

commenced by him without provocation, and continued by him without

necessity, and having for that purpose made so many sacrifices to the

Mahrattas in points of essential interest to the India Company, did

consent and agree to other articles utterly dishonorable to the British

name and character, having sacrificed or abandoned every one of the

native princes who by _his_ solicitations and promises had been engaged

to take part with us in the war,--and that he did so without necessity:

since it appears that Sindia, the Mahratta chief who concluded the

treaty, _in every part of his conduct manifested a hearty desire of

establishing a peace_ with us; and that this was the disposition of all

the parties in the Mahratta confederacy, who were only kept together by

a general dread of their common enemy, the English, and who only waited

for a cessation of hostilities with us to return to their habitual and

permanent enmity against each other. That the Governor-General and

Council, in their letter of 31st August, 1781, made the following

declaration to the Court of Directors. "The Mahrattas have demanded the

sacrifice of the person of Ragonaut Row, the surrender of the fort and

territories of Ahmedabad, and of the fortress of Gualior, _which are not

ours to give, and which we could not wrest from the proprietors without

the greatest violation of public faith_. No state of affairs, in our

opinions, could warrant our acquiescence to such requisition; and we are

morally certain, that, had we yielded to them, such a consciousness of

the state of our affairs would have been implied as would have produced

an effect the very reverse from that for which it was intended, by

raising the presumption of the enemy to exact yet more _ignominious_

terms, or perhaps their refusal to accept of any; nor, in our opinion,

would they have failed to excite in others the same belief, and the

consequent decision of all parties against us, as the natural

consequences of our decline." That the said Hastings himself, in his

instructions to Mr. David Anderson, after authorizing him to restore

_all_ that we had conquered during the war, expressly "_excepted_

Ahmedabad, and the territory conquered for Futty Sing Gwicowar." That,

nevertheless, the said Hastings, in the peace concluded by him, has

yielded to every one of the conditions reprobated in the preceding

declarations as _ignominious_ and incompatible with public faith.

That the said Warren Hastings did abandon the Ranna of Gohud in the

manner already charged; and that the said Ranna has not only lost the

fort of Gualior, but all his own country, and is himself a prisoner.

That the said Hastings did not interpose to obtain any terms in favor of

the Nabob of Bopaul, who was _with great reason desirous of concealing

from the Mahrattas the attachment he had borne to the English

government_:[21] the said Nabob having a just dread of the danger of

being exposed to the resentment of the Mahrattas, and no dependence on

the faith and protection of the English. That by the ninth article of

the treaty with Futty Sing it was stipulated, that, when a negotiation

for peace should take place, his interest should be primarily

considered; and that Mr. David Anderson, the minister and representative

of the Governor-General and Council, did declare to Sindia, that it was

indispensably incumbent on us to support Futty Sing's rights: that,

nevertheless, every acquisition made for or by the said Futty Sing

during the war, particularly _the fort and territories of Ahmedabad_,

were given up by the said Hastings; that Futty Sing was replaced under

the subjection of the Peshwa, (whose resentment he had provoked by

taking part with us in the war,) and under an obligation to pay a

tribute, not specified, to the Peshwa, and to perform such services and

to be subject to such obedience _as had long been established and

customary_; and that, no limit being fixed to such tribute or services,

the said Futty Sing has been left wholly at the mercy of the Mahrattas.

That, with respect to Ragoba, the said Hastings, in his instructions to

Mr. Anderson, dated 4th of November, 1781, contented himself with

saying, "We cannot _totally_ abandon the interests of Ragonaut Row.

Endeavor to obtain for him an adequate provision." That Mr. Anderson

declared to Mahdajee Sindia,[22] "that, as we had given Ragoba

protection as an independent prince, and not brought him into our

settlement as a prisoner, we could not _in honor_ pretend to impose the

_smallest_ restraint on his will, and he must be at liberty to go

wherever he pleased; that it must rest with Sindia himself to prevail on

him to reside in his country: all that we could do was to _agree_, after

a reasonable time, _to withdraw our protection from him, and not to

insist on the payment of the stipend to him_, as Sindia had proposed,

unless on the condition of his residing in some part of Sindia's

territories."

That, notwithstanding all the preceding declarations, and in violation

of the public faith repeatedly pledged to Ragoba, he was totally

abandoned by the said Hastings in the treaty, no provision whatever

being made even for his subsistence, but on a condition to which he

could not submit without the certain loss of his liberty and probable

hazard of his life, namely, _that he should voluntarily and of his own

accord repair to Sindia, and quietly reside with him_. That such

treacherous desertion of the said Ragoba is not capable of being

justified by any plea of necessity: but that in fact no such necessity

existed; since it appears that the Nizam, who of all the contracting

parties in the confederacy was personally most hostile to Ragoba, did

himself _propose that Ragoba, might have an option given him_ of

residing within the Company's territories.

That the plan of negotiating a peace with the Mahrattas by application

to Sindia, and through his mediation, was earnestly recommended to the

said Hastings by the Presidency of Bombay so early as in February, 1779,

who stated clearly to him the reasons why such application ought to be

made to Sindia in preference to any other of the Mahratta chiefs, and

why it would probably be successful; the truth and justice of which

reasons were fully evinced in the issue, when the said Hastings, after

incurring, by two years' delay, all the losses and distresses of a

calamitous war, did actually pursue that very plan with much less effect

or advantage than might have been obtained at the time the advice was

given. That he neglected the advice of the Presidency of Bombay, and

retarded the peace, as well as made its conditions worse, from an

obstinate attachment to his project of an alliance offensive and

defensive with the Rajah of Berar, the object of which was rather a new

war than a termination of the war then existing against the Peshwa.

That the said Hastings did further embarrass and retard the conclusion

of a peace by employing different ministers at the courts of the several

confederate powers, whom he severally empowered to treat and negotiate

a peace. That these ministers, not acting in concert, not knowing the

extent of each other's commissions, and having no instructions to

communicate their respective proceedings to each other, did in effect

counteract their several negotiations. That this want of concert and of

simplicity, and the mystery and intricacy in the mode of conducting the

negotiation on our part, was complained of by our ministers as

embarrassing and disconcerting to us, while it was advantageous to the

adverse party, who were thereby furnished with opportunity and pretence

for delay, when it suited their purpose, and enabled to play off one set

of negotiators against another; that it also created jealousy and

distrust in the various contending parties, with whom we were treating

at the same time, and to whom we were obliged to make contradictory

professions, while it betrayed and exposed to them all our own eagerness

and impatience for peace, raising thereby the general claims and

pretensions of the enemy. That, while Dalhousie Watherston, Esquire, was

treating at Poonah, and David Anderson, Esquire, in Sindia's camp, with

separate powers applied to the same object, the minister at Poonah

informed the said Watherston, that he had received proposals for peace

from the Nabob of Arcot with the approbation of Sir Eyre Coote; that he

had returned other proposals to the said Nabob of Arcot, who had assured

him, the minister, that those proposals _would be acceded to, and that

Mr. Macpherson would set out for Bengal, after which orders should be

immediately dispatched from the Honorable the Governor-General and

Council to the effect he wished_; that the said Nabob "had promised to

obtain and forward to him the expected _orders from Bengal in fifteen

days_, and that he was therefore every instant in expectation of their

arrival,--and observed, that, when General Goddard proposed to send a

confidential person to Poonah, he conceived that those orders must have

actually reached him": that therefore the treaty formally concluded by

David Anderson was in effect and substance the same with that offered

and in reality concluded by the Nabob of Arcot, with the exception only

of Salsette, which the Nabob of Arcot had agreed to restore to the

Mahrattas.

That the intention of the said Warren Hastings, in pressing for a peace

with the Mahrattas on terms so dishonorable and by measures so rash and

ill-concerted, was not to restore and establish a general peace

throughout India, but to engage the India Company in a new war against

Hyder Ali, and to make the Mahrattas parties therein. That the eagerness

and passion with which the said Hastings pursued this object laid him

open to the Mahrattas, who depended thereon for obtaining whatever they

should demand from us. That, in order to carry the point of an offensive

alliance against Hyder Ali, the said Hastings exposed the negotiation

for peace with the Mahrattas to many difficulties and delays. That the

Mahrattas were bound by a clear and recent engagement, which Hyder had

never violated in any article, to make no peace with us which should not

include him; that they pleaded the sacred nature of this obligation in

answer to all our requisitions on this head, while the said Hastings,

still importunate for his favorite point, suggested to them various

means of reconciling a substantial breach of their engagement with a

formal observance of it, and taught them how they might at once be

parties in a peace with Hyder Ali and in an offensive alliance for

immediate hostility against him. That these lessons of public duplicity

and artifice, and these devices of ostensible faith and real treachery,

could have no effect but to degrade the national character, and to

inspire the Mahrattas themselves, with whom we were in treaty, with a

distrust in our sincerity and good faith. That the object of this

fraudulent policy (viz., the utter destruction of Hyder Ali, and a

partition of his dominions) was neither wise in itself, or authorized by

the orders and instructions of the Company to their servants; that it

was incompatible with the treaty of peace, in which Hyder Ali was

included, and contrary to the repeated and best-understood injunctions

of the Company,--being, in the first place, a bargain for a new war,

and, in the next, aiming at an extension of our territory by conquest.

That the best and soundest political opinions on the relations of these

states have always represented our great security against the power of

the Mahrattas to depend on its being balanced by that of Hyder Ali; and

the Mysore country is so placed as a barrier between the Carnatic and

the Mahrattas as to make it our interest rather to strengthen and repair

that barrier than to level and destroy it. That the said treaty of

partition does express itself to be _eventual_ with regard to the making

and keeping of peace; but through the whole course of the said

Hastings's proceeding he did endeavor to prevent any peace with the

Sultan or Nabob of Mysore, Tippoo Sahib, and did for a long time

endeavor to frustrate all the methods which could have rendered the

said treaty of conquest and partition wholly unnecessary.

That the Mahrattas having taken no effectual step to oblige Hyder Ali to

make good the conditions for which they had engaged in his behalf, and

the war continuing to be carried on in the Carnatic by Tippoo Sultan,

son and successor of Hyder Ali, the Presidency of Fort St. George

undertook, upon their own authority, to open a negotiation with the said

Tippoo: which measure, though indispensably necessary, the said Hastings

utterly disapproved and discountenanced, expressly denying that there

was any ground or motive for entering into any direct or separate treaty

with Tippoo, and not consenting to or authorizing any negotiation for

such treaty, until after a cessation of hostilities had been brought

about with him by the Presidency of Fort St. George, in August, 1783,

and the ministers of Tippoo had been received and treated with by that

Presidency, and commissioners, in return, actually sent by the said

Presidency to the court of Poonah: which late and reluctant consent and

authority were extorted from him, the said Hastings, in consequence of

the acknowledgment of his agent at the court of Mahdajee Sindia, upon

whom the said Warren Hastings had depended for enforcing the clauses of

the Mahratta treaty, of the precariousness of such dependence, and of

the necessity of that direct and separate treaty with Tippoo, so long

and so lately reprobated by the said Warren Hastings, notwithstanding

the information and entreaties of the Presidency of Fort St. George, as

well as the known distresses and critical situation of the Company's

affairs. That, though the said Warren Hastings did at length give

instructions for negotiating and making peace with Tippoo, expressly

adding, that those instructions extended to _all_ the points which

occurred to _him or them_ as capable of being agitated or gained upon

the occasion,--though the said instructions were sent after the said

commissioners by the Presidency of Fort St. George, with directions to

obey them,--though not only the said instructions were obeyed, but

advantages gained which did not occur to the said Warren

Hastings,--though the said peace formed a contrast with the Mahratta

peace, in neither ceding any territory possessed by the Company before

the war, or delivering up any dependant or ally to the vengeance of his

adversaries, but providing for the restoration of all the countries that

had been taken from the Company and their allies,--though the Supreme

Council of Calcutta, forming the legal government of Bengal in the

absence of the said Warren Hastings, ratified the said treaty,--yet the

said Warren Hastings, then absent from the seat of government, and out

of the province of Bengal, and forming no legal or integral part of the

government during such absence, did, after such ratification, usurp the

power of acting as a part of such government (as if actually sitting in

Council with the other members of the same) in the consideration and

unqualified censure of the terms of the said peace.

That the Nabob of Arcot, with whom the said Hastings did keep up an

unwarrantable clandestine correspondence, without any communication with

the Presidency of Madras, wrote a letter of complaint, dated the 27th of

March, 1784, against the Presidency of that place, without any

communication thereof to the said Presidency, the said complaint being

addressed to the said Warren Hastings, the substance of which complaint

was, that he, the Nabob, had not been made a party to the late treaty;

and although his interest had been sufficiently provided for in the said

treaty, the said Warren Hastings did sign a declaration, on the 23d of

May, at Lucknow, forming the basis of a new article, and making a new

party to the treaty, after it had been by all parties (the Supreme

Council of Calcutta included) completed and ratified, and did transmit

the said new stipulation to the Presidency at Calcutta, solely for the

purposes and at the instigation of the Nabob of Arcot; and the said

declaration was made without any previous communication with the

Presidency aforesaid, and in consequence thereof orders were sent by the

Council at Calcutta to the Presidency of Fort St. George, _under the

severest threats in case of disobedience_: which orders, whatever were

their purport, would, as an undue assumption of and participation in the

government, from which he was absent, become a high misdemeanor; but,

being to the purport of opening the said treaty after its solemn

ratification, and proposing a new clause and a new party to the same,

was also an aggravation of such misdemeanor, as it tended to convey to

the Indian powers an idea of the unsteadiness of the councils and

determinations of the British government, and to take away all reliance

on its engagements, and as, above all, it exposed the affairs of the

nation and the Company to the hazard of seeing renewed all the

calamities of war, from whence by the conclusion of the treaty they had

emerged, and upon a pretence so weak as that of proposing the Nabob of

Arcot to be a party to the same,--though he had not been made a party by

the said Warren Hastings in the Mahratta treaty, which professed to be

for the relief of the Carnatic,--though he was not a party to the former

treaty with Hyder, also relative to the Carnatic,--though it was not

certain, if the treaty were once opened, and that even Tippoo should

then consent to that Nabob's being a party, whether he, the said Nabob,

would agree to the clauses of the same, and consequently whether the

said treaty, once opened, could afterwards be concluded: an uncertainty

of which he, the said Hastings, should have learned to be aware, having

already once been disappointed by the said Nabob's refusing to accede to

a treaty which he, the said Warren Hastings, made for him with the

Dutch, about a year before.

That the said Warren Hastings,--having broken a solemn and honorable

treaty of peace by an unjust and unprovoked war,--having neglected to

conclude that war when he might have done it without loss of honor to

the nation,--having plotted and contrived, as far as depended on him, to

engage the India Company in another war as soon as the former should be

concluded,--and having at last put an end to a most unjust war against

the Mahrattas by a most ignominious peace with them, in which he

sacrificed objects essential to the interests, and submitted to

conditions utterly incompatible with the honor of this nation, and with

his own declared sense of the dishonorable nature of those

conditions,--and having endeavored to open anew the treaty concluded

with Tippoo Sultan through the means of the Presidency of Fort St.

George, upon principles of justice and honor, and which established

peace in India, and thereby exposing the British possessions there to

the renewal of the dangers and calamities of war,--has by these several

acts been guilty of sundry high crimes and misdemeanors.

XXI.--CORRESPONDENCE.

That, by an act of the 13th year of his present Majesty, intituled, "An

act for establishing certain regulations for the better management of

the affairs of the East India Company, as well in India as in Europe,

the Governor-General and Council are required and directed to pay due

obedience to all such orders as they shall receive from the Court of

Directors of the said United Company, and to correspond from time to

time, and constantly and diligently transmit to the said Court an exact

particular of all advices or intelligence and of all transactions and

matters whatsoever that shall come to their knowledge, relating to the

government, commerce, revenues, or interest of the said United Company."

That, in consequence of the above-recited act, the Court of Directors,

in their general instructions of the 29th March, 1774, to the

Governor-General and Council, did direct, "that the correspondence with

the princes or country powers in India should be carried on through the

Governor-General only; but that all letters to be sent by him should be

first approved in Council; and that he should lay before the Council, at

their next meeting, all letters received by him in the course of such

correspondence, for their information."

And the Governor-General and Council were therein further ordered,

"that, in transacting the business of their department, they should

enter with the utmost perspicuity and exactness all their proceedings

whatsoever, and all dissents, if such should at any time be made by any

member of their board, together with all letters sent or received in the

course of their correspondence; and that broken sets of such

proceedings, to the latest period possible, be transmitted to them [the

Court of Directors], a complete set at the end of every year, and a

duplicate by the next conveyance."

That, in defiance of the said orders, and in breach of the above-recited

act of Parliament, the said Warren Hastings has, in sundry instances,

concealed from his Council the correspondence carried on between him and

the princes or country powers in India, and neglected to communicate the

advices and intelligence he from time to time received from the British

Residents at the different courts in India to the other members of the

government, and, without their knowledge, counsel, or participation, has

dispatched orders on matters of the utmost consequence to the interests

of the Company.

That, moreover, the said Warren Hastings, for the purpose of covering

his own improper and dangerous practices from his employers, has

withheld from the Court of Directors, upon sundry occasions, copies of

the proceedings had, and the correspondence carried on by him in his

official capacity as Governor-General, whereby the Court of Directors

have been kept in ignorance of matters which it highly imported them to

know, and the affairs of the Company have been exposed to much

inconvenience and injury.

That, in all such concealments and acts done or ordered without the

consent and authority of the Supreme Council, the said Warren Hastings

has been guilty of high crimes and misdemeanors.

XXII.--FYZOOLA KHÂN.

PART I.

RIGHTS OF FYZOOLA KHÂN, ETC., BEFORE THE TREATY OF LALL-DANG.

I. That the Nabob Fyzoola Khân, who now holds of the Vizier the

territory of Rampoor, Shahabad, and certain other districts dependent

thereon, in the country of the Rohillas, is the second son of a prince

renowned in the history of Hindostan under the name of Ali Mohammed

Khân, some time sovereign of all that part of Rohilcund which is

particularly distinguished by the appellation of the Kutteehr.

II. That, after the death of Ali Mohammed aforesaid, as Fyzoola Khân,

together with his elder brother, was then a prisoner of war at a place

called Herat, "the Rohilla chiefs took possession of the ancient

estates" of the captive princes; and the Nabob Fyzoola Khân was from

necessity compelled to waive his hereditary rights for the

inconsiderable districts of Rampoor and Shahabad, then estimated to

produce from six to eight lacs of annual revenue.

III. That in 1774, on the invasion of Rohilcund by the united armies of

the Vizier Sujah ul Dowlah and the Company, the Nabob Fyzoola Khân,

"with some of his people, was present at the decisive battle of St.

George," where Hafiz Rhamet, the great leader of the Rohillas, and many

others of their principal chiefs were slain; but, escaping from the

slaughter, Fyzoola Khân "made his retreat good towards the mountains,

with all his treasure." He there collected the scattered remains of his

countrymen; and as he was the eldest surviving son of Ali Mohammed Khân,

as, too, the most powerful obstacle to his pretensions was now removed

by the death of Hafiz, he seems at length to have been generally

acknowledged by his natural subjects the undoubted heir of his father's

authority.

IV. That, "regarding the sacred _sincerity_ and friendship of the

English, whose _goodness_ and celebrity is everywhere known, _who

dispossess no one_," the Nabob Fyzoola Khân made early overtures for

peace to Colonel Alexander Champion, commander-in-chief of the Company's

forces in Bengal: that he did propose to the said Colonel Alexander

Champion, in three letters, received on the 14th, 24th, and 27th of May,

to put himself under the protection either of the Company, or of the

Vizier, through the mediation and with the guaranty of the Company; and

that he did offer, "whatever was conferred upon him, to pay as much

without damage or deficiency as any other person would agree to do":

stating, at the same time, his condition and pretensions hereinbefore

recited as facts "evident as the sun"; and appealing, in a forcible and

awful manner, to the generosity and magnanimity of this nation, "by

whose means he hoped in God that he should receive justice"; and as "the

person who designed the war was no more," as "in that he was himself

guiltless," and as "he had never acted in such a manner as for the

Vizier to have taken hatred to his heart against him, that he might be

reinstated in his ancient possessions, the country of Ins father."

V. That on the last of the three dates above mentioned, that is to say,

on the 27th of May, the Nabob Fyzoola Khân did also send to the

commander-in-chief a _vakeel_, or ambassador, who was authorized on the

part of him, the Nabob Fyzoola Khân, his master, to make a specific

offer of three propositions; and that by one of the said propositions

"an annual increase of near 400,000_l._ would have accrued to the

revenues of our ally, and the immediate acquisition of above 300,000_l._

to the Company, for their influence in effecting an accommodation

perfectly consistent with their engagements to the Vizier," and strictly

consonant to the demands of justice.

VI. That, so great was the confidence of the Nabob Fyzoola Khân in the

just, humane, and liberal feelings of Englishmen, as to "lull him into

an inactivity" of the most essential detriment to his interests: since,

"in the hopes which he entertained from the interposition of our

government," he declined the invitation of the Mogul to join the arms of

his Majesty and the Mahrattas, "refused any connection with the Seiks,"

and did even neglect to take the obvious precaution of crossing the

Ganges, as he had originally intended, while the river was yet

fordable,--a movement that would have enabled him certainly to baffle

all pursuit, and probably "to keep the Vizier in a state of disquietude

for the remainder of his life."

VII. That the commander-in-chief, Colonel Alexander Champion aforesaid,

"thought nothing could be more honorable to this nation than the support

of so exalted a character; and whilst it could be done on terms so

advantageous, supposed it very unlikely that the vakeel's proposition

should be received with indifference"; that he did accordingly refer it

to the administration through Warren Hastings, Esquire, then Governor of

Fort William and President of Bengal; and he did at the same time

inclose to the said Warren Hastings a letter from the Nabob Fyzoola Khân

to the said Hastings,--which letter does not appear, but must be

supposed to have been of the same tenor with those before cited to the

commander-in-chief,--of which also copies were sent to the said Hastings

by the commander-in-chief; and he, the commander-in-chief aforesaid,

after urging to the said Hastings sundry good and cogent arguments of

policy and prudence in favor of the Nabob Fyzoola Khân, did conclude by

"wishing for nothing so much as for the adoption of some measure that

might strike all the powers of the East with admiration of our justice,

in contrast to the conduct of the Vizier."

VIII. That, in answer to such laudable wish of the said

commander-in-chief, the President, Warren Hastings, preferring his own

prohibited plans of extended dominion to the mild, equitable, and wise

policy inculcated in the standing orders of his superiors, and now

enforced by the recommendation of the commander-in-chief, did instruct

and "desire" him, the said commander-in-chief, "instead of soliciting

the Vizier to relinquish his conquest to Fyzoola Khân, to discourage it

as much as was in his power"; although the said Hastings did not once

express, or even intimate, any doubt whatever of the Nabob Fyzoola

Khân's innocence as to the origin of the war, or of his hereditary

right to the territories which he claimed, but to the said pleas of the

Nabob Fyzoola Khân, as well as to the arguments both of policy and

justice advanced by the commander-in-chief, he, the said Hastings, did

solely oppose certain speculative objects of imagined expediency,

summing up his decided rejection of the proposals made by the Nabob

Fyzoola Khân in the following remarkable words. "With respect to Fyzoola

Khân, _he appears not to merit our consideration. The petty sovereign of

a country estimated at six or eight lacs ought not for a moment to prove

an impediment to any of our measures, or to affect the consistency of

our conduct_."

IX. That, in the aforesaid violent and arbitrary position, the said

Warren Hastings did avow it to be a public principle of his government,

that no right, however manifest, and no innocence, however unimpeached,

could entitle the weak to our protection against others, or save them

from our own active endeavors for their oppression, and even

extirpation, should they interfere with our notions of political

expediency; and that such a principle is highly derogatory to the

justice and honor of the English name, and fundamentally injurious to

our interests, inasmuch as it hath an immediate tendency to excite

distrust, jealousy, fear, and hatred against us among all the

subordinate potentates of Hindostan.

X. That, in prosecution of the said despotic principle, the President,

Warren Hastings aforesaid, did persist to obstruct, as far as in him

lay, every advance towards an accommodation between the Vizier Sujah ul

Dowlah and the Nabob Fyzoola Khân; and particularly on the 16th of

September, only eight days after the said Hastings, in, conjunction with

the other members of the Select Committee of Bengal, had publicly

testified his _satisfaction_ in the prospect of _an accommodation_, and

had _hoped_ that "his Excellency [the Vizier] would be disposed to

conciliate the affections [of the Rohillas] to his government _by

acceding to lenient terms_," he, the said Hastings, did nevertheless

write, and without the consent or knowledge of his colleagues did

privately dispatch, a certain answer to a letter of the

commander-in-chief, in which answer the said Hastings did express other

_contradictory hopes_, namely, that the commander-in-chief _had resolved

on prosecuting the war to a final issue_,--"because" (as the said

Hastings explains himself) "it appears very plainly that Fyzoola Khân

and his adherents _lay at your mercy_, because I apprehend much

inconveniency from delays, and because _I am morally certain that no

good will he gained by negotiating_": thereby artfully suggesting his

wishes of what might be, in his hopes of what had been, resolved; and

plainly, though indirectly, instigating the commander-in-chief to much

effusion of blood in an immediate attack on the Rohillas, posted as they

were "in a very strong situation," and "combating for all."

XI. That the said Hastings, in the answer aforesaid, did further

endeavor to inflame the commander-in-chief against the Nabob Fyzoola

Khân, by representing the said Nabob "as highly presuming, insolent, and

evasive"; and knowing the distrust which the Nabob Fyzoola Khân

entertained of the Vizier, the said Hastings did "expressly desire it

should be left wholly to the Vizier to treat with the enemy by _his own

agents_ and _in his own manner_,"--though he, the said Hastings, "by no

means wished the Vizier to lose time by seeking an accommodation, since

it would be more effectual, more decisive, and more _consistent with his

dignity, indeed with his honor, which he has already pledged_, to abide

by his first offers, to dictate the conditions of peace, and to admit

only an acceptance without reservation, or a clear refusal, from his

adversary": thereby affecting to hold up, in opposition to and in

exclusion of the substantial claims of justice, certain ideal

obligations of dignity and honor,--that is to say, the gratification of

pride, and the observance of an arrogant determination once declared.

XII. That, although the said answer did not reach the commander-in-chief

until peace was actually concluded, and although the dangerous

consequences to be apprehended from the said answer were thereby

prevented, yet, by the sentiments contained in the said answer, Warren

Hastings, Esquire, did strongly evince his ultimate adherence to all the

former violent and unjust principles of his conduct towards the Nabob

Fyzoola Khân, which principles were disgraceful to the character and

injurious to the interests of this nation; and that the said Warren

Hastings did thereby, in a particular manner, exclude himself from any

share of credit for "the honorable period put to the Rohilla war, which

has in some degree done away the reproach so wantonly brought on the

English name."

The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12) · 第 1 / 11 章