PART III.

EXPULSION OF THE RAJAH OF BENARES.

I. That the said Warren Hastings, being resolved on the ruin of the

Rajah aforesaid, as a preliminary step thereto, did, against the express

orders of the Court of Directors, remove Francis Fowke, Esquire, the

Company's Resident at the city of Benares, without any complaint or

pretence of complaint whatsoever, but merely on his own declaration that

he must have as a Resident at Benares a person of his own special and

personal nomination and confidence, and not a man of the Company's

nomination,--and in the place of the said Francis Fowke, thus illegally

divested of his office, did appoint thereto another servant of the

Company of his own choice.

II. That, soon after he had removed the Company's Resident, he prepared

for a journey to the upper provinces, and particularly to Benares, in

order to execute the wicked and perfidious designs by him before

meditated and contrived: and although he did communicate his purpose

privately to such persons as he thought fit to intrust therewith, he did

not enter anything on the Consultations to that purpose, or record the

principles, real or pretended, on which he had resolved to act, nor did

he state any guilt in the Rajah which he intended to punish, or charge

him, the said Rajah, with entertaining any hostile intentions, the

effects of which were to be prevented by any strong measure; but, on the

contrary, he did industriously conceal his real designs from the Court

of Directors, and did fallaciously enter on the Consultations a minute

declaratory of purposes wholly different therefrom, and which supposed

nothing more than an amicable adjustment, founded on the treaties

between the Company and the Rajah, investing himself by his said minute

with "full power and authority to form _such_ arrangements _with_ the

Rajah of Benares for the _better_ government and management of his

zemindary, and to perform such acts for the improvement of the interest

which the Company possesses in it, as he shall think _fit and consonant

to the mutual engagements subsisting between the Company and the

Rajah_"; and for this and other purposes he did invest himself with the

whole power of the Council, giving to himself an authority as if his

acts had been the acts of the Council itself: which, though a power of a

dangerous, unwarrantable, and illegal extent, yet does plainly imply the

following limits, namely, that the acts done should be _arranged with_

the Rajah, that is, _with his consent_; and, secondly, that they should

be consonant to the actual engagements between the parties; and nothing

appears in the minute conferring the said power, which did express or

imply any authority for depriving the Rajah of his government, or

selling the sovereignty thereof to his hereditary enemy, or for the

plunder of his fort-treasures.

III. That the said Warren Hastings, having formed the plans aforesaid

for the ruin of the Rajah, did set out on a journey to the city of

Benares with a great train, but with a very small force, not much

exceeding six companies of regular black soldiers, to perpetrate some of

the unjust and violent acts by him meditated and resolved on; and the

said Hastings was met, according to the usage of distinguished persons

in that country, by the Rajah of Benares with a very great attendance,

both in boats and on shore, which attendance he did apparently intend as

a mark of honor and observance to the place and person of the said

Hastings, but which the said Hastings did afterwards groundlessly and

maliciously represent as an indication of a design upon his life; and

the said Rajah came into the pinnace in which the said Hastings was

carried, and in a lowly and suppliant manner, alone, and without any

guard or attendance whatsoever, entreated his favor; and being received

with great sternness and arrogance, he did put his turban in the lap of

the said Hastings, thereby signifying that he abandoned his life and

fortune to his disposal, and then departed, the said Hastings not

apprehending, nor having any reason to apprehend, any violence

whatsoever to his person.

IV. That the said Hastings, in the utmost security and freedom from

apprehension, did pursue his journey, and did arrive at the city of

Benares on the 14th of August, 1781, some hours before the Rajah, who,

soon after his arrival, intended to pay him a visit of honor and respect

at his quarters, but was by the said Hastings rudely and insolently

forbid, until he should receive his permission. And the said Hastings,

although he had previously determined on the ruin of the said Rajah, in

order to afford some color of regularity and justice to his proceedings,

did, on the day after his arrival, that is, on the 15th day of August,

1781, send to the Rajah a charge in writing, which, though informal and

irregular, may be reduced to four articles, two general, and two more

particular: the first of the general being, "That he [the Rajah] had, by

the means of his secret agents, endeavored to excite disorders in the

government on which he depended"; the second, "That he had suffered the

_daily_ perpetration of robberies and murders, even in the streets of

Benares, to the great and public scandal of the English name."

V. That it appears that the said Warren Hastings is guilty of an high

offence, contrary to the fundamental principles of justice, in the said

mode of charging misdemeanors, without any specification of person or

place or time or act, or any offer of specification or proofs by which

the party charged may be enabled to refute the same, in order to

unjustly load his reputation, and to prejudice him with regard to the

articles more clearly specified.

VI. That the two specified articles relate to certain delays: the

first, with regard to the payment of the sums of money unjustly extorted

as aforesaid; and the second, the non-compliance with a requisition of

cavalry,--which non-compliance the said Hastings (even if the said

charges had been founded) did falsely, and in contradiction to all law,

affirm and maintain (in his accusation against the Rajah, and addressing

himself to him) "to amount to a _direct_ charge of disaffection and

_infidelity_ to the government on which you depend": and further

proceeded as follows: "I therefore judged it proper to state them [the

said charges] thus fully to you in writing, and to _require_ your

answer; and this I expect _immediately_." That the said Hastings,

stating his pretended facts to amount to a charge of the nature (as he

would have it understood) of high treason, and _therefore_ calling for

an _immediate_ answer, did wilfully act against the rules of natural

justice, which requires that a convenient time should be given to

answer, proportioned to the greatness of the offence alleged, and the

heavy penalties which attend it; and when he did arrogate to himself a

right both to charge and to judge in his own person, he ought to have

allowed the Rajah full opportunity for conferring with his ministers,

his doctors of law, and his accountants, on the facts charged, and on

the criminality inferred in the said accusation of disloyalty and

disaffection, or offences of that quality.

VII. That the said Rajah did, under the pressure of the disadvantages

aforesaid, deliver in, upon the very evening of the day of the charge, a

full, complete, and specific answer to the two articles therein

specified; and did allege and offer proof that the whole of the

extraordinary demands of the said Hastings had been actually long before

paid and discharged; and did state a proper defence, with regard to the

cavalry, even supposing him bound (when he was not bound) to furnish

any. And the said Rajah did make a direct denial of the truth, of the

two _general_ articles, and did explain himself on the same in as

satisfactory a manner and as fully as their nature could permit,

offering to enter into immediate trial of the points in issue between

him and the said Hastings, in the remarkable words following. "My

enemies, with a view to my ruin, have made false representations to you.

Now that, _happily for me_, you have yourself arrived at this place, you

will be able to ascertain all the circumstances: first, relative to the

horse; secondly, to my people going to Calcutta; and thirdly, the dates

of the receipts of the particular sums above mentioned. You will then

know whether I have amused you with a false representation, or made a

just report to you." And in the said answer the said Rajah complained,

but in the most modest terms, of an injury to him of the most dangerous

and criminal nature in transactions of such moment, namely, his not

receiving any answer to his letters and petitions, and concluded in the

following words. "I have never swerved in the smallest degree from my

duty to you. It remains with you to decide on all these matters. I am in

every case your slave. What is just I have represented to you. May your

prosperity increase!"

VIII. That the said Warren Hastings was bound by the essential

principles of natural justice to attend to the claim made by the Rajah

to a fair and impartial trial and inquiry into the matter of accusation

brought against him by the said Hastings, at a time and place which

furnished all proper materials and the presence of all necessary

witnesses; but the said Hastings, instead of instituting the said

inquiry and granting trial, did receive an humble request for justice

from a great prince as a fresh offence, and as a personal insult to

himself, and did conceive a violent passion of anger and a strong

resentment thereat, declaring that he did consider the said answer as

not only unsatisfactory in substance, but offensive in style. "This

answer you will perceive to be not only unsatisfactory in substance, but

offensive in style, and less a vindication of himself than a

recrimination on me. It expresses no concern for the causes of complaint

contained in my letter, or desire to atone for them, nor the smallest

intention to pursue a different line of conduct. An answer couched

nearly _in terms of defiance_ to requisitions of so serious a nature I

could not but consider as _a strong indication of that spirit of

independency_ which the Rajah has for some years past assumed, and of

which indeed I had early observed other manifest symptoms, both before

and from the instant of my arrival." Which representation is altogether

and in all parts thereof groundless and injurious; as the substance of

the answer is a justification proper to be pleaded, and the style, if in

anything exceptionable, it is in its extreme humility, resulting rather

from an unmanly and abject spirit than from anything of an offensive

liberty; but being received as disrespectful by the said Hastings, it

abundantly indicates the tyrannical arrogance of the said Hastings, and

the depression into which the natives are sunk under the British

government.

IX. That the said Warren Hastings, pretending to have been much alarmed

at the offensive language of the said Rajah's defence, and at certain

appearances of independency which he had observed, not only on former

occasions, but since his arrival at Benares, (where he had been but

little more than one day,) and which appearances he never has specified

in any one instance, did assert that he conceived himself indispensably

obliged to adopt some decisive plan; and without any farther inquiry or

consultation (which appears) with any person, did, at ten o'clock of the

very night on which he received the before-mentioned full and

satisfactory as well as submissive answer, send an order to the British

Resident (then being a public minister representing the British

government at the court of the said Rajah, and as such bound by the law

of nations to respect the prince at whose court he was Resident, and not

to attempt anything against his person or state, and who ought not,

therefore, to have been chosen by the said Hastings, and compelled to

serve in that business) that he should on the next morning arrest the

said prince in his palace, and keep him in his custody until further

orders; which said order being conceived in the most peremptory terms,

the Rajah was put under arrest, with a guard of about thirty orderly

sepoys, with their swords drawn; and the particulars thereof were

reported to him as follows.

"HONORABLE SIR,--I this morning, in obedience to your orders of last

night, proceeded with a few of my orderlies, accompanied by Lieutenant

Stalker, to Shewalla Ghaut, the present residence of Rajah Cheyt Sing,

and acquainted him it was your pleasure he should consider himself in

arrest; that he should order his people to behave in a quiet and orderly

manner, for that any attempt _to rescue him would be attended with his

own destruction. The Rajah submitted quietly to the arrest_, and assured

me, that, whatever were your orders, he was ready implicitly to obey; he

hoped that you would allow him a _subsistence_, but as for _his

zemindary, his forts, and his treasure, he was ready to lay them at your

feet, and his life, if required_. He expressed himself much hurt at the

ignominy which he affirmed must be the consequence of his confinement,

and entreated me to return to you with the foregoing submission, hoping

that you would make allowances for his youth and inexperience, and in

consideration of his father's name release him from his confinement, as

soon as he should prove the sincerity of his offers, and himself

deserving of your compassion and forgiveness."

X. That a further order was given, that every servant of the Rajah's

should be disarmed, and a certain number only left to attend him under a

strict watch. In a quarter of an hour after this conversation, two

companies of grenadier sepoys were sent to the Rajah's palace by the

said Hastings; and the Rajah, being dismayed by this unexpected and

unprovoked treatment, wrote two short letters or petitions to the said

Hastings, under the greatest apparent dejection at the outrage and

dishonor he had suffered in the eyes of his subjects, (all imprisonment

of persons of rank being held in that country as a mark of indelible

infamy, and he also, in all probability, considering his imprisonment as

a prelude to the taking away his life,) and in the first of the said

petitions he did express himself in this manner: "Whatever may be your

pleasure, do it with your own hands; I am your slave. What occasion can

there be for a guard?" And in the other: "My honor was bestowed upon me

by your Highness. It depends on you alone to take away or not to take

away the country out of my hands. In case my honor is not left to me,

how shall I be equal to the business of the government? Whoever, with

his hands in a supplicating posture, is ready with his life and

property, what necessity can there be for him to be dealt with in this

way?"

XI. That, according to the said Hastings's narrative of this

transaction, he, the said Hastings, on account of the apparent

despondency in which these letters were written, "thought it _necessary_

to give him _some_ encouragement," and therefore wrote him a note of a

few lines, carelessly and haughtily expressed, and little calculated to

relieve him from his uneasiness, promising to send to him a person to

explain particulars, and desiring him "to set his mind at rest, and not

to conceive any terror or apprehension." To which an answer of great

humility and dejection was received.

XII. That the report of the Rajah's arrest did cause a great alarm in

the city, in the suburbs of which the Rajah's palace is situated, and in

the adjacent country. The people were filled with dismay and anger at

the outrage and indignity offered to a prince under whose government

they enjoyed much ease and happiness. Under these circumstances the

Rajah desired leave to perform his ablutions; which was refused, unless

he sent for water, and performed that ceremony on the spot. This he

did. And soon after some of the people, who now began to surround the

palace in considerable numbers, attempting to force their way into the

palace, a British officer, commanding the guard upon the Rajah, struck

one of them with his sword. The people grew more and more irritated; but

a message being sent from the Rajah to appease them, they continued, on

this interposition, for a while quiet. Then the Rajah retired to a sort

of stone pavilion, or bastion, to perform his devotions, the guard of

sepoys attending him in this act of religion. In the mean time a person

of the meanest station, called a _chubdar_, at best answering to our

common beadle or tipstaff, was sent with a message (of what nature does

not appear) from Mr. Hastings, or the Resident, to the prince under

arrest: and this base person, without regard to the rank of the

prisoner, or to his then occupation, addressed him in a rude, boisterous

manner, "passionately and insultingly," (as the said Rajah has without

contradiction asserted,) "and, reviling him with a loud voice, gave both

him and his people the vilest abuse"; and the manner and matter being

observable and audible to the multitude, divided only by an open stone

lattice from the scene within, a firing commenced from without the

palace; on which the Rajah again interposed, and did what in him lay to

suppress the tumult, until, an English officer striking him with a

sword, and wounding him on the hand, the people no longer kept any

measures, but broke through the inclosure of the palace. The insolent

tipstaff was first cut down, and the multitude falling upon the sepoys

and the English officers, the whole, or nearly the whole, were cut to

pieces: the soldiers having been ordered to that service without any

charges for their pieces. And in this tumult, the Rajah, being justly

fearful of falling into the hands of the said Hastings, did make his

escape over the walls of his palace, by means of a rope formed of his

turban tied together, into a boat upon the river, and from thence into a

place of security; abandoning many of his family to the discretion of

the said Hastings, who did cause the said palace to be occupied by a

company of soldiers after the flight of the Rajah.

XIII. That the Rajah, as soon as he had arrived at a place of refuge,

did, on the very day of his flight, send a suppliant letter to the said

Hastings, filled with expressions of concern (affirmed by the said

Hastings to be slight expressions) for what had happened, and

professions (said by the said Hastings to be indefinite and unapplied)

of fidelity: but the said Warren Hastings, though bound by his duty to

hear the said Rajah, and to prevent extremities, if possible, being

filled with insolence and malice, did not think it "_becoming_ of him to

make any reply to it; and that he _thought_ he ordered the bearer of the

letter to be told that _it required none_."

XIV. That this letter of submission having been received, the said

Rajah, not discouraged or provoked from using every attempt towards

peace and reconciliation, did again apply, on the very morning

following, to Richard Johnson, Esquire, for his interposition, but to no

purpose; and did likewise, with as little effect, send a message to

Cantoo Baboo, native steward and confidential agent of the said

Hastings, which was afterwards reduced into writing, "to exculpate

himself from any concern in what had passed, and to profess his

obedience to his _will_ [Hastings's] _in whatever_ way he should

dictate." But the said Hastings, for several false and contradictory

reasons by him assigned, did not take any advantage of the said opening,

attributing the same to artifice in order to gain time; but instead of

accepting the said submissions, he did resolve upon flight from the city

of Benares, and did suddenly fly therefrom in great confusion.

XV. That the said Hastings did persevere in his resolutions not to

listen to any submission or offer of accommodation whatsoever, though

several were afterwards made through almost every person who might be

supposed to have influence with him, but did cause the Rajah's troops to

be attacked and fallen upon, though they only acted on the defensive,

(as the Rajah has without contradiction asserted,) and thereby, and by

his preceding refusal of propositions of the same nature, and by other

his perfidious, unjust, and tyrannical acts by him perpetrated and done,

and by his total improvidence in not taking any one rational security

whatsoever against the inevitable consequences of those acts, did make

himself guilty of all the mutual slaughter and devastation which ensued,

as well as, in his opinion, of the imminent danger of the total

subversion of the British power in India by the risk of his own person,

which he asserts that it did run,--as also "that it ought not to be

thought that he attributed too much consequence to his personal safety,

when he supposed _the fate of the British empire in India connected with

it_, and that, mean as its substance may be, its accidental qualities

were equivalent to those which, like the characters of a talisman in

the Arabian mythology, formed the _essence_ of the state itself,

representation, title, and the _estimate_ of the public opinion; that,

had he fallen, such a stroke would be universally considered as decisive

of the national fate; every state round it would have started into arms

against it, and _every subject of its own dominion would, according to

their several abilities, have become its enemy_": and that he knew and

has declared, that, though the said stroke was not struck, that great

convulsions did actually ensue from his proceedings, "that half the

province of Oude was in a state of as complete rebellion as that of

Benares," and that invasions, tumults, and insurrections were occasioned

thereby in various other parts.

XVI. That the said Warren Hastings, after he had collected his forces

from all parts, did, with little difficulty or bloodshed, subsequent to

that time, on the part of his troops, and in a few days, entirely reduce

the said province of Benares; and did, after the said short and little

resisted hostility, in cold blood, issue an order for burning a certain

town, in which he accused the people at large of having killed, "upon

what provocation he knows not," certain wounded sepoys, who were

prisoners: which order, being _generally_ given, when it was his duty to

have made some inquiry concerning the particular offenders, but which he

did never make, or cause to be made, was cruel, inhuman, and tended to

the destruction of the revenues of the Company; and that this, and other

acts of devastation, did cause the loss of two months of the

collections.

XVII. That the said Warren Hastings did not only refuse the submissions

of the said Rajah, which were frequently repeated through various

persons after he had left Benares, and even after the defeat of certain

of the Company's forces, but did proscribe and except him from the

pardons which he issued after he had satisfied his vengeance on the

province of Benares.

XVIII. That the said Warren Hastings did send to a certain castle,

called Bidzigur, the residence of a person of high rank, called Panna,

the mother of the Rajah of Benares, with whom his wife, a woman

described by the said Hastings "to be of an amiable character," and all

the other women of the Rajah's family, and the survivors of the family

of his father, Bulwant Sing, did then reside, a body of troops to

dispossess them of her said residence, and to seize upon her money and

effects, although she did not stand, even by himself, accused of any

offence whatsoever,--pretending, but not proving, and not attempting to

prove, then nor since, that the treasures therein contained were the

property of the Rajah, and not her own; and did, in order to stimulate

the British soldiery to rapine and outrage, issue to them several

barbarous orders, contrary to the practice of civilized nations,

relative to their property, movable and immovable, attended with

unworthy and unbecoming menaces, highly offensive to the manners of the

East and the particular respect there paid to the female sex,--which

letters and orders, as well as the letters which he had received from

the officers concerned, the said Hastings did unlawfully suppress, until

forced by the disputes between him and the said officers to discover

the same: and the said orders are as follow.

"I am this instant favored with yours of yesterday. Mine of the same

date [22d October, 1781] has before this time acquainted you with my

resolutions and sentiments respecting the Rannee [the mother of the

Rajah Cheyt Sing]. I think every demand she has made to you, except that

of safety and respect for her person, is unreasonable. If the reports

brought to me are true, _your rejecting her offers, or any negotiations

with her_, would soon obtain you possession of the fort upon your own

terms. I apprehend that she will contrive _to defraud the captors of a

considerable part of the booty by being suffered to retire without

examination. But this is your consideration, and not mine. I should be

very sorry that your officers and soldiers lost ANY PART of the reward

to which they are so well entitled_; but I cannot make any objection, as

you must be the best judge of the expediency of the _promised_

indulgence to the Rannee. What you have engaged for I will certainly

ratify; but as to permitting the Rannee to hold the purgunnah of Hurluk,

or any other in the zemindary, without being subject to the authority of

the zemindar, or any lands whatever, _or indeed making any conditions

with her for a provision, I will never consent to it_." And in another

letter to the same person, dated Benares, 3d of November, 1781, in which

he, the said Hastings, consents that the said woman of distinction

should be allowed to evacuate the place and to receive protection, he

did express himself as follows. "I am willing to grant her now the same

conditions to which I at first consented, provided that she delivers

into your possession, within twenty-four hours from the time of

receiving your message, the fort of Bidzigur, with the treasure and

effects lodged therein by Cheyt Sing or any of his adherents, with the

reserve only, as above mentioned, of such articles _as you shall think

necessary to her sex and condition_, or as you shall be disposed _of

yourself to indulge her with_. If she complies, as I expect she will, it

will be your part to secure the fort and the property it contains _for

the benefit of yourself and detachment_. I have only further to request

that you will grant an escort, if Panna should require it, to conduct

her here, or wherever she may choose to retire to. But should she refuse

to execute the promise she has made, _or delay it beyond the term of

twenty-four hours_, it is my _positive_ injunction that you immediately

put a stop to any further intercourse or negotiation with her, and on no

pretext renew it. If she disappoints _or trifles_ with me, after I have

subjected my duan to the disgrace of returning ineffectually, and of

course myself to discredit, I shall consider it as a _wanton affront and

indignity which I can never forgive_, nor will I grant her any

conditions whatever, but leave her exposed to _those dangers_ which she

has chosen to risk rather than trust to the clemency and generosity of

our government. I think _she cannot be ignorant of these consequences,

and will not venture to incur them_; and it is for this reason I place a

dependence on her offers, and have consented to send my duan to her."

XIX. That the castle aforesaid being surrendered upon terms of safety,

and on express condition of not attempting to search their persons, the

woman of rank aforesaid, her female relations and female dependants, to

the number of three hundred, besides children, evacuated the said

castle; but the spirit of rapacity being excited by the letters and

other proceedings of the said Hastings, the capitulation was shamefully

and outrageously broken, and, in despite of the endeavors of the

commanding officer, the said woman of high condition, and her female

dependants, friends, and servants, were plundered of the effects they

carried with them, and which were reserved to them in the capitulation

of their fortress, and in their persons were otherwise rudely and

inhumanly dealt with by the licentious followers of the camp: for which

outrages, represented to the said Hastings with great concern by the

commanding officer, Major Popham, he, the said Hastings, did afterwards

recommend a late and fruitless redress.

XX. That the Governor-General, Warren Hastings, in exciting the hopes of

the military by declaring them _well entitled to the plunder_ of the

fortress aforesaid, the residence of the mother and other women of the

Rajah of Benares, and by wishing the troops to secure the same for their

own benefit, did advise and act in direct contradiction to the orders of

the Court of Directors, and to his own opinion of his public duty, as

well as to the truth and reality thereof,--he having some years before

entered in writing the declaration which follows.

"The very idea of _prize-money_ suggests to my remembrance _the former

disorders which arose in our army from this source, and had almost

proved fatal to it_. Of this circumstance you must be sufficiently

apprised, and of the necessity for discouraging every expectation of

this kind amongst the troops. _It is to be avoided like poison._ The bad

effects of a similar measure were but too plainly felt in a former

period, and our honorable masters did not fail on that occasion to

reprobate with their censure, in the most severe terms, a practice which

they regarded as the source of infinite evils, and which, if

established, would in their judgment necessarily bring corruption and

ruin on their army."

XXI. That the said Hastings, after he had given the license aforesaid,

and that in consequence thereof the booty found in the castle, to the

amount of 23,27,813 current rupees, was distributed among the soldiers

employed in its reduction, the said Hastings did retract his declaration

of right, and his permission to the soldiers to appropriate to

themselves the plunder, and endeavored, by various devices and

artifices, to explain the same away, and to recover the spoil aforesaid

for the use of the Company; and wholly failing in his attempts to resume

by a breach of faith with the soldiers what he had unlawfully disposed

of by a breach of duty to his constituents, he attempted to obtain the

same as a loan, in which attempt he also failed; and the aforesaid money

being the only part of the treasures belonging to the Rajah, or any of

his family, that had been found, he was altogether frustrated in the

acquisition of every part of that dishonorable object which alone he

pretended to, and pursued through a long series of acts of injustice,

inhumanity, oppression, violence, and bloodshed, at the hazard of his

person and reputation, and, in his own opinion, at the risk of the total

subversion of the British empire.

XXI. That the said Warren Hastings, after the commission of the

offences aforesaid, being well aware that he should be called to an

account for the same, did, by the evil counsel and agency of Sir Elijah

Impey, Knight, his Majesty's chief-justice, who was then out of the

limits of his jurisdiction, cause to be taken at Benares, before or by

the said Sir Elijah Impey, and through the intervention, not of the

Company's interpreter, but of a certain private interpreter of his, the

said Hastings's, own appointment, and a dependant on him, called Major

Davy, several declarations and depositions by natives of Hindostan,--and

did also cause to be taken before the said Sir Elijah Impey several

attestations in English, made by British subjects, and which were

afterwards transmitted to Calcutta, and laid before the

Council-General,--some of which depositions were upon oath, some upon

honor, and others neither upon _oath_ nor _honor_, but all or most of

which were of an irregular and irrelevant nature, and not fit or decent

to be taken by a British magistrate, or to be transmitted to a British

government.

XXIII. That one of the said attestations (but not on oath) was made by a

principal minister of the Nabob of Oude, to whom the said Hastings had

some time before proposed to sell the sovereignty of that very territory

of Benares; and that one other attestation (not upon oath) was made by a

native woman of distinction, whose son he, the said Hastings, did

actually promote to the government of Benares, vacated by the unjust

expulsion of the Rajah aforesaid, and who in her deposition did declare

that she considered the expelled Rajah as her enemy, and that he never

did confer with her, or suffer her to be acquainted with any of his

designs.

XXIV. That, besides the depositions of persons interested in the ruin of

the Rajah, others were made by persons who then received pensions from

him, the said Hastings; and several of the affidavits were made by

persons of mean condition, and so wholly illiterate as not to be able to

write their names.

XXV. That he, the said Hastings, did also cause to be examined by

various proofs and essays, the result of which was delivered in upon

honor, the quality of certain military stores taken by the British

troops from the said Rajah of Benares; and upon the report that the same

were of a good quality, and executed by persons conversant in the making

of good military stores, although the cannon was stated by the same

authority to be bad, he, the said Warren Hastings, from the report

aforesaid, did maliciously, and contrary to the principles of natural

and legal reason, infer that the insurrection which had been raised by

his own violence and oppression, and rendered for a time successful by

his own improvidence, was the consequence of a premeditated design to

overturn the British empire in India, and to exterminate therefrom the

British nation; which design, if it had been true, the said Hastings

might have known, or rationally conjectured, and ought to have provided

against. And if the said Hastings had received any credible information

of such design, it was his duty to lay the same before the Council

Board, and to state the same to the Rajah, when he was in a condition to

have given an answer thereto or to observe thereon, and not, after he

had proscribed and driven him from his dominions, to have inquired into

offences to justify the previous infliction of punishment.

XXVI. That it does not appear, that, in taking the said depositions,

there was any person present on the part of the Rajah to object to the

competence or credibility or relevancy of any of the said affidavits or

other attestations, or to account, otherwise than as the said deponents

did account, for any of the facts therein stated; nor were any copies

thereof sent to the said Rajah, although the Company had a minister at

the place of his residence, namely, in the camp of the Mahratta chief

Sindia, so as to enable him to transmit to the Company any matters which

might induce or enable them to do justice to the injured prince

aforesaid. And it does not appear that the said Hastings has ever

produced any witness, letter, or other document, tending to prove that

the said Rajah ever did carry on any hostile negotiation whatever with

any of those powers with whom he was charged with a conspiracy against

the Company, previous to the period of the said Hastings's having

arrested him in his palace, although he, the said Hastings, had various

agents at the courts of all those princes,--and that a late principal

agent and near relation of a minister of one them, the Rajah of Berar,

called Benaram Pundit, was, at the time of the tumult at Benares,

actually with the said Hastings, and the said Benaram Pundit was by him

highly applauded for his zeal and fidelity, and was therefore by him

rewarded with a large pension on those very revenues which he had taken

from the Rajah Cheyt Sing, and if such a conspiracy had previously

existed, the Mahratta minister aforesaid must have known, and would have

attested it.

XXVII. That it appears that the said Warren Hastings, at the time that

he formed his design of seizing upon the treasures of the Rajah of

Benares, and of deposing him, did not believe him guilty of that

premeditated project for driving the English out of India with which he

afterwards thought fit to charge him, or that he was really guilty of

any other great offence: because he has caused it to be deposed, that,

if the said Rajah should pay the sum of money by him exacted, "he would

settle his zemindary upon him on the most eligible footing"; whereas, if

he had conceived him to have entertained traitorous designs against the

Company, from whom he held his tributary estate, or had been otherwise

guilty of such enormous offences as to make it necessary to take

extraordinary methods for coercing him, it would not have been proper

for him to settle upon such a traitor and criminal the zemindary of

Benares, or any other territory, upon the most eligible, or upon any

other footing whatever: whereby the said Hastings has by his own stating

demonstrated that the money intended to have been exacted was not as a

punishment for crimes, but that the crimes were pretended for the

purpose of exacting money.

XXVIII. That the said Warren Hastings, in order to justify the acts of

violence aforesaid to the Court of Directors, did assert certain false

facts, known by him to be such, and did draw from them certain false and

dangerous inferences, utterly subversive of the rights of the princes

and subjects dependent on the British nation in India, contrary to the

principles of all just government, and highly dishonorable to that of

Great Britain: namely, that the "Rajah of Benares was not a vassal or

tributary prince, and that the deeds which passed between him and the

board, upon the transfer of the zemindary in 1775, were not to be

understood to bear the quality and force of a treaty upon optional

conditions between equal states; that the payments to be made by him

were not a tribute, but a rent; and that the instruments by which his

territories were conveyed to him did not differ from common grants to

zemindars who were merely subjects; but that, being nothing more than a

common zemindar and mere subject, and the Company holding the

acknowledged rights of his former sovereign, held an absolute authority

over him; that, in the known relations of zemindar to the sovereign

authority, or power delegated by it, he owed a personal allegiance and

an implicit and unreserved obedience to that authority, at the

forfeiture of his zemindary, and even of his life and property." Whereas

the said Hastings did well know, that, whether the payments from the

Rajah were called _rent_ or _tribute_, having been frequently by himself

called the one and the other, and that of whatever nature the

instruments by which he held might have been, he did not consider him as

a common zemindar or landholder, but as far independent as a tributary

prince could be: for he did assign as a reason for receiving his rent

rather within the Company's province than in his own capital, that it

would not "frustrate the intention of rendering the Rajah _independent_;

that, if a Resident was appointed to receive the money as it became due

at Benares, such a Resident would unavoidably acquire an influence over

the Rajah, and over his country, which would in effect render him the

master of both; that this consequence might not, perhaps, be brought

completely to pass without a struggle, and many appeals to the Council,

which, in a government constituted like this, cannot fail to terminate

against the Rajah, and, by the construction to which his opposition to

the agent would be liable, might eventually draw on him severe

restrictions, and end _in reducing him to the mean and depraved state of

a zemindar_."

XXIX. And the said Hastings, in the said Minute of Consultation, having

enumerated the frauds, embezzlements, and oppressions which would ensue

from the Rajah's being in the dependent state aforesaid, and having

obviated all apprehensions from giving to him the implied symbols of

dominion, did assert, "that, without such appearance, he would expect

from every change of government additional demands to be made upon him,

and would of course descend to all the arts of intrigue and concealment

practised by other dependent Rajahs, which would keep him indigent and

weak, and eventually prove hurtful to the Company; but that, by proper

encouragement and protection, he might prove a profitable dependant, an

useful barrier, and even a powerful ally to the Company; but that he

would be neither, if the conditions of his connection with the Company

were left open to future variations."

XXX. That, if the fact had been true that the Rajah of Benares was

merely an eminent landholder or any other subject, the wicked and

dangerous doctrine aforesaid, namely, that he owed a personal allegiance

and an implicit and unreserved obedience to the sovereign authority, at

the forfeiture of his zemindary, and even of his life and property, at

the discretion of those who held or fully represented the sovereign

authority, doth leave security neither for life nor property to any

persons residing under the Company's protection; and that no such

powers, nor any powers of that nature, had been delegated to the said

Warren Hastings by any provisions of the act of Parliament appointing a

Governor-General and Council at Fort William in Bengal.

XXXI. That the said Warren Hastings did also advance another dangerous

and pernicious principle in justification of his violent, arbitrary, and

iniquitous actings aforesaid: namely, "that, if he had acted with an

unwarrantable rigor, and even injustice, towards Cheyt Sing, yet, first,

if he did _believe_ that extraordinary means were necessary, and those

exerted with a strong hand, to preserve the Company's interests from

sinking under the accumulated weight that oppressed them, or, secondly,

if he saw a _political necessity_ for curbing the _overgrown_ power of a

great member of their dominion, and to make it contribute to the relief

of their pressing exigencies, that his error would be excusable, as

prompted by an excess of zeal for their [the Company's] interest,

operating with too strong a bias on his judgment; but that much stronger

is the presumption, that such acts are founded on just principles than

that they are the result of a misguided judgment." That the said

doctrines are, in both the members thereof, subversive of all the

principles of just government, by empowering a governor with delegated

authority, in the first case, on his own private _belief_ concerning the

necessities of the state, not to levy an impartial and equal rate of

taxation suitable to the circumstances of the several members of the

community, but to select any individual from the same as an object of

arbitrary and unmeasured imposition,--and, in the second case, enabling

the same governor, on the same arbitrary principles, to determine whose

property should be considered as overgrown, and to reduce the same at

his pleasure.

The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12) · 第 3 / 6 章