Chapter 7

[A murmur having arisen here, Mr. Burke proceeded.]

[A murmur having arisen here, Mr. Burke proceeded.]

If I am called upon to reword what I have just said, I shall repeat my words, and show strong grounds and reasons to indicate that he governs Oude now as much as he ever did.

You see, my Lords, that the reform which he pretended to make in 1781 produced the calamities which he states to have existed in 1784. We shall now show that the reform which he pretended to make in 1784 brought on the calamities which Lord Cornwallis states in his evidence to have existed in 1787.

We will now read two letters from Lord Cornwallis: the first is dated the 16th November, 1787.

"I was received at Allahabad and attended to Lucknow by the Nabob and his ministers with every mark of friendship and respect. I cannot, however, express how much I was concerned, during my short residence at his capital, and my progress through his dominions, to be witness of the disordered state of his finances and government, and of the desolate appearances of his country. The evils were too alarming to admit of palliation, and I thought it my duty to exhort him, in the most friendly manner, to endeavor to apply effectual remedies to them. He began with urging as apology, that, whilst he was not certain of the expense [extent?] of our demands upon him, he had no real interest in being economical in his expenses, and that, while we interfered in the internal management of his affairs, his own authority and that of his ministers were despised by his own subjects. It would have been useless to discuss these topics with him; but while I repeated my former declarations of our being determined to give no ground in future for similar complaints, he gave me the strongest assurances of his being resolved to apply himself earnestly to the encouragement of agriculture, and to endeavor to revive the commerce of his country."

"I was received at Allahabad and attended to Lucknow by the Nabob and his ministers with every mark of friendship and respect. I cannot, however, express how much I was concerned, during my short residence at his capital, and my progress through his dominions, to be witness of the disordered state of his finances and government, and of the desolate appearances of his country. The evils were too alarming to admit of palliation, and I thought it my duty to exhort him, in the most friendly manner, to endeavor to apply effectual remedies to them. He began with urging as apology, that, whilst he was not certain of the expense [extent?] of our demands upon him, he had no real interest in being economical in his expenses, and that, while we interfered in the internal management of his affairs, his own authority and that of his ministers were despised by his own subjects. It would have been useless to discuss these topics with him; but while I repeated my former declarations of our being determined to give no ground in future for similar complaints, he gave me the strongest assurances of his being resolved to apply himself earnestly to the encouragement of agriculture, and to endeavor to revive the commerce of his country."

The second is dated the 25th April, 1788.

"Till I saw the Vizier's troops, I was not without hope that upon an emergency he would have been able to have furnished us with some useful cavalry; but I have no reason to believe that he has any in his service upon which it would be prudent to place any dependence; and I think it right to add, that his country appears to be in so ruined a state, and his finances in so much disorder, that even in case of war we ought not to depend upon any material support from him."

"Till I saw the Vizier's troops, I was not without hope that upon an emergency he would have been able to have furnished us with some useful cavalry; but I have no reason to believe that he has any in his service upon which it would be prudent to place any dependence; and I think it right to add, that his country appears to be in so ruined a state, and his finances in so much disorder, that even in case of war we ought not to depend upon any material support from him."

My Lords, I have only to remark upon these letters, that, so far as they go, they prove the effects of Mr. Hastings's reformation, from which he was pleased to promise the Company such great things. But when your Lordships know that he had left his dependant and minister, Hyder Beg Khân, there, whose character, as your Lordships will find by a reference to your minutes he has represented as black as hell, to be the real governor there, and to carry on private correspondence with him here, and that he had left Major Palmer, his private agent, for a considerable time in that country to carry on his affairs, your Lordships will easily see how it has come to pass that the Vizier, such a man as you have heard him described to be, was not alone able to restore prosperity to his country.

My Lords, you have now seen what was the situation of the country in Sujah Dowlah's time, prior to Mr. Hastings's interference with the government of it, what it was during his government, and what situation it was in when Lord Cornwallis left it. Nothing now remains but to call your Lordships' attention to perhaps the most extraordinary part of these transactions. But before we proceed, we will beg leave to go back and read to your Lordships the Nabob's letter of the 24th February, 1780.

"I have received your letter, and understand the contents. I cannot describe the solidity of your friendship and brotherly affection which subsisted between you and my late father. From the friendship of the Company he received numberless advantages; and I, notwithstanding I was left an orphan, from your favor and that of the Company was perfectly at ease, being satisfied that everything would be well, and that I should continue in the same security that I was during my father's lifetime, from your protection. I accordingly, from the day of his death, have never omitted to cultivate your favor, and the protection of the Company; and whatever was the desire and directions of the Council at that time I have ever since conformed to, and obeyed with readiness. Thanks be given to God that I have never as yet been backward in performing the will of the English Company, of the Council, and of you, and have always been from my heart ready to obey them, and have never given you any trouble from my difficulties or wishes. This I have done simply from my own knowledge of your favor towards me, and from my being certain that you would learn the particulars of my distresses and difficulties from other quarters, and would then show your friendship and good-will in whatever was for my advantage. But 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 which 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 everhave given your orders in so afflicting a manner, in which you never before wrote, and which I could not have imagined. As I am resolved to obey your orders, and directions of the Council, without any delay, as long as I live, I have, agreeably to those orders, delivered up all my private papers to him [the Resident], that, when he shall have examined my receipts and expenses, he may take whatever remains. 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 mutsuddies, 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, mutsuddies, 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. I had raised fifteen hundred horse and three battalions of sepoys to attend upon me; but, as I have no resources to support them, I have been obliged to remove the people stationed in the mahals, and to send his people into the mahals, so that I have not now one single servant about me. Should I mention what further difficulties I have been reduced to, it would lay me open to contempt. Although I have willingly assented to this which brings such distress on me, and have in a manner altogether ruined myself, yet I failed not to do it for this reason, because it was for your satisfaction, and that of theCouncil; and I am patient, and even thankful, in this condition; but I cannot imagine from what cause you have conceived displeasure against me. From the commencement of my administration, in every circumstance, I received strength and security from your favor, and that of the Council; and in every instance you and the Council have shown your friendship and affection for me; but at present, that you have sent these orders, I am greatly perplexed."

"I have received your letter, and understand the contents. I cannot describe the solidity of your friendship and brotherly affection which subsisted between you and my late father. From the friendship of the Company he received numberless advantages; and I, notwithstanding I was left an orphan, from your favor and that of the Company was perfectly at ease, being satisfied that everything would be well, and that I should continue in the same security that I was during my father's lifetime, from your protection. I accordingly, from the day of his death, have never omitted to cultivate your favor, and the protection of the Company; and whatever was the desire and directions of the Council at that time I have ever since conformed to, and obeyed with readiness. Thanks be given to God that I have never as yet been backward in performing the will of the English Company, of the Council, and of you, and have always been from my heart ready to obey them, and have never given you any trouble from my difficulties or wishes. This I have done simply from my own knowledge of your favor towards me, and from my being certain that you would learn the particulars of my distresses and difficulties from other quarters, and would then show your friendship and good-will in whatever was for my advantage. But 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 which 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 everhave given your orders in so afflicting a manner, in which you never before wrote, and which I could not have imagined. As I am resolved to obey your orders, and directions of the Council, without any delay, as long as I live, I have, agreeably to those orders, delivered up all my private papers to him [the Resident], that, when he shall have examined my receipts and expenses, he may take whatever remains. 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 mutsuddies, 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, mutsuddies, 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. I had raised fifteen hundred horse and three battalions of sepoys to attend upon me; but, as I have no resources to support them, I have been obliged to remove the people stationed in the mahals, and to send his people into the mahals, so that I have not now one single servant about me. Should I mention what further difficulties I have been reduced to, it would lay me open to contempt. Although I have willingly assented to this which brings such distress on me, and have in a manner altogether ruined myself, yet I failed not to do it for this reason, because it was for your satisfaction, and that of theCouncil; and I am patient, and even thankful, in this condition; but I cannot imagine from what cause you have conceived displeasure against me. From the commencement of my administration, in every circumstance, I received strength and security from your favor, and that of the Council; and in every instance you and the Council have shown your friendship and affection for me; but at present, that you have sent these orders, I am greatly perplexed."

We will not trouble your Lordships with the remainder of the letter, which is all in the same style of distress and affliction, and of the abject dependence of a man who considers himself as insulted, robbed, and ruined in that state of dependence.

In addition to the evidence contained in this letter, your Lordships will be pleased to recollect the Nabob's letter which we read to your Lordships yesterday, the humble and abject style of which you will never forget. Oh, consider, my Lords, this instance of the fate of human greatness! You must remember that there is not a trace anywhere, in any of the various trunks of Mr. Hastings, that he ever condescended so much as to give an answer to the suppliant letters of that unhappy man. There was no mode of indignity with which he did not treat his family; there was no mode of indignity with which he did not treat his person; there was no mode of indignity with which he did not treat his minister, Hyder Beg Khân,—this man whom he represents to be the most infamous and scandalous of mankind, and of whom he, nevertheless, at the same time declares, that his only support with the Vizier was the support which he, Warren Hastings, as representative of theEnglish government, gave him.

We will now read a paper which perhaps ought not to have been received in evidence, but which we were willing to enter in your minutes as evidence, in order that everything should come before you. Your Lordships have heard the Nabob speak of his misery, distress, and oppression; but here he makes a complete defeasance, as it were, of the whole charge, a direct disavowal of every one of the complaints, and particularly that of having never received an answer to these complaints. Oh, think, I say, my Lords, of the degraded, miserable, and unhappy state to which human nature may be reduced, when you hear this unhappy man declare that all the charges which we have made upon this subject relative to him, and which are all either admitted by him or taken from his own representation, are now stated by him in a paper before you to be all false, and that there is not a word of the representation which he had made of Mr. Hastings that has the least truth in it! Your Lordships will find this in that collection of various papers which ought to be preserved and put into every museum in Europe, as one of the most extraordinary productions that was ever exhibited to the world.

Papers received the 8th of March, 1788, and translated pursuant to an Order of the Governor-General in Council, dated the 21th of April, 1788, under the Seal of His Excellency the Nabob Asoph ul Dowlah, Asoph Jah Bahadur, Vizier ul Momalik."I have at this time learnt that the gentlemen in power in England, upon the suspicion that Mr. Hastings, during his administration, acted contrary to the rules of justice and impartiality, and, actuatedby motives of avidity, was inimical towards men without cause; that he broke such engagements and treaties as had been made between the Company and other chiefs; that he extended the hand of oppression over the properties of men, tore up the roots of security and prosperity from the land, and rendered the ryots and subjects destitute by force and extortion.—As this accusation, in fact, is destitute of uprightness and void of truth, therefore, with a view to show the truth in its true colors, I have written upon this sheet with truth and sincerity, to serve as an evidence, and to represent real facts,—to serve also as information and communication, that Mr. Hastings, from the commencement of his administration until his departure for England, whether during the lifetime of the deceased Nabob, of blessed memory, Vizier ul Moolk, Sujah ul Dowlah Bahadur, my father, or during my government, did not at any time transact contrary to justice any matter which took place from the great friendship between me and the Company, nor in any business depart from the path of truth and uprightness, but cultivated friendship with integrity and sincerity, and in every respect engaged himself in the duties of friendship with me, my ministers and confidants. I am at all times, and in every way, pleased with and thankful for his friendly manners and qualities; and my ministers and confidants, who have always, every one of them, been satisfied with his conduct, are forever grateful for his friendship and thankful for his virtues. As these matters are real facts, and according to truth, I have written these lines as an evidence, and transmit this paper to England, through the government of Calcutta, for the information of the gentlemen of power andrank in England."

Papers received the 8th of March, 1788, and translated pursuant to an Order of the Governor-General in Council, dated the 21th of April, 1788, under the Seal of His Excellency the Nabob Asoph ul Dowlah, Asoph Jah Bahadur, Vizier ul Momalik.

"I have at this time learnt that the gentlemen in power in England, upon the suspicion that Mr. Hastings, during his administration, acted contrary to the rules of justice and impartiality, and, actuatedby motives of avidity, was inimical towards men without cause; that he broke such engagements and treaties as had been made between the Company and other chiefs; that he extended the hand of oppression over the properties of men, tore up the roots of security and prosperity from the land, and rendered the ryots and subjects destitute by force and extortion.—As this accusation, in fact, is destitute of uprightness and void of truth, therefore, with a view to show the truth in its true colors, I have written upon this sheet with truth and sincerity, to serve as an evidence, and to represent real facts,—to serve also as information and communication, that Mr. Hastings, from the commencement of his administration until his departure for England, whether during the lifetime of the deceased Nabob, of blessed memory, Vizier ul Moolk, Sujah ul Dowlah Bahadur, my father, or during my government, did not at any time transact contrary to justice any matter which took place from the great friendship between me and the Company, nor in any business depart from the path of truth and uprightness, but cultivated friendship with integrity and sincerity, and in every respect engaged himself in the duties of friendship with me, my ministers and confidants. I am at all times, and in every way, pleased with and thankful for his friendly manners and qualities; and my ministers and confidants, who have always, every one of them, been satisfied with his conduct, are forever grateful for his friendship and thankful for his virtues. As these matters are real facts, and according to truth, I have written these lines as an evidence, and transmit this paper to England, through the government of Calcutta, for the information of the gentlemen of power andrank in England."

Observe, my Lords, the candor of the Commons. We produce this evidence, which accuses us, as Mr. Hastings does, of uttering everything that is false; we choose to bring our shame before the world, and to admit that this man, on whose behalf and on the behalf of whose country we have accused Mr. Hastings, has declared that this accusation (namely, this impeachment) is destitute of uprightness and without truth. But, my Lords, this is not only a direct contradiction to all he has ever said, to all that has been proved to you by us, but a direct contradiction to all the representations of Mr. Hastings himself. Your Lordships will hence see what credit is to be given to these papers.

Your Lordships shall now hear what Hyder Beg Khân says: that Hyder Beg Khân who stands recorded in your minutes as the worst of mankind; who is represented as writing letters without the Nabob's consent, and in defiance of him; the man of whom Mr. Hastings says, that the Nabob is nothing but a tool in his hands, and that the Nabob is and ever must be a tool of somebody or other. Now, as we have heard the tool speak, let us hear how the workman employed to work with this tool speaks.

Extract from Hyder Beg Khân's Letter to the Governor and Council."It is at this time learnt by the Nabob Vizier, and us, his ministers, that the gentlemen of power in England are displeased with Mr. Hastings, on the suspicion that during his administration in this country, from motives of avidity, he committed oppressions contrary to the rules of justice, took the properties of men by deceit and force, injured the ryots and subjects, and rendered the country destitute and ruined. As the true and upright disposition of Mr. Hastings is in every respect free of this suspicion, we therefore with truth and sincerity declare by these lines, written according to fact, that Mr. Hastings, from the first of his appointment to the government of this country until his departure for Europe, during his authority in the management of the affairs of the country, whether in the lifetime of the Nabob Sujah ul Dowlah Bahadur, deceased, or whether during the present reign, did not, in any matters which took place from the great friendship between this government and the Company, act in any wise upon motives of avidity, and, not having, in any respect, other than justice and propriety in intention, did not swerve from their rules. He kept his Excellency the Vizier always pleased and satisfied" (you will remember, my Lords, the last expressions of his pleasure and satisfaction) "by his friendship and attention in every matter. He at all times showed favor and kindness towards us, the ministers of this government; and under his protection having enjoyed perfect happiness and comfort, we are from our hearts satisfied with and grateful for his benevolence and goodness."

Extract from Hyder Beg Khân's Letter to the Governor and Council.

"It is at this time learnt by the Nabob Vizier, and us, his ministers, that the gentlemen of power in England are displeased with Mr. Hastings, on the suspicion that during his administration in this country, from motives of avidity, he committed oppressions contrary to the rules of justice, took the properties of men by deceit and force, injured the ryots and subjects, and rendered the country destitute and ruined. As the true and upright disposition of Mr. Hastings is in every respect free of this suspicion, we therefore with truth and sincerity declare by these lines, written according to fact, that Mr. Hastings, from the first of his appointment to the government of this country until his departure for Europe, during his authority in the management of the affairs of the country, whether in the lifetime of the Nabob Sujah ul Dowlah Bahadur, deceased, or whether during the present reign, did not, in any matters which took place from the great friendship between this government and the Company, act in any wise upon motives of avidity, and, not having, in any respect, other than justice and propriety in intention, did not swerve from their rules. He kept his Excellency the Vizier always pleased and satisfied" (you will remember, my Lords, the last expressions of his pleasure and satisfaction) "by his friendship and attention in every matter. He at all times showed favor and kindness towards us, the ministers of this government; and under his protection having enjoyed perfect happiness and comfort, we are from our hearts satisfied with and grateful for his benevolence and goodness."

Here, my Lords, you have the character which Hyder Beg Khân gives of Mr. Hastings,—of the man who he knew had loaded him, as he had done, with every kind of indignity, reproach, and outrage with which a man can be loaded. Your Lordships will see that this testimony repeats, almost word for word, the testimony of the Vizier Nabob,—whichshows who the real writer is.

My Lords, it is said, that there is no word in the Persian language to express gratitude. With these signal instances of gratitude before us, I think we may venture to put one into their dictionary. Mr. Hastings has said he has had the pleasure to find from the people of India that gratitude which he has not met with from his own countrymen, the House of Commons. Certainly, if he has done us services, we have been ungrateful indeed; if he has committed enormous crimes, we are just. Of the miserable, dependent situation to which these people are reduced, that they are not ashamed to come forward and deny everything they have given under their own hand,—all these things show the portentous nature of this government, they show the portentous nature of that phalanx with which the House of Commons is at present at war, the power of that captain-general of every species of Indian iniquity, which, under him, is embodied, arrayed, and paid, from Leadenhall Street to the furthermost part of India.

We have but one observation more to offer upon this collection ofrazinamas, upon these miserable testimonials given by these wretched people in contradiction to all their own previous representations,—directly in contradiction to those of Mr. Hastings himself,—directly in contradiction to those of Lord Cornwallis,—directly in contradiction to truth itself. It is this. Here is Mr. Hastings with his agents canvassing the country, with all that minuteness with which a county is canvassed at an election; and yet in this whole book of razinamas not one fact adduced by us is attempted to be disproved, not one fact upon which Mr. Hastings's defence can be founded is attempted to be proved. There is nothing but bare vile panegyrics, directly belied by the state of facts, directly belied by the persons themselves, directly belied by Mr. Hastings at your bar, and by all the whole course of the correspondence of the country.

We here leave to your Lordships' judgment the consideration of the elevated rank of the persons aggrieved and degraded to the lowest state of dependence and actual distress,—the consideration of the condition of the country gentlemen, who were obliged to hide their heads, wherever they could, from the plunderers and robbers established under his authority in every part of the country, and that of the miserable common people, who have been obliged to sell their children through want of food to feed them,—the consideration, I say, of the manner in which this country, in the highest, in the middle, and in the lowest classes of its inhabitants, nay, in physical works of God, was desolated and destroyed by this man.

Having now done with the province of Oude, we will proceed to the province of Bengal, and consider what was the kind of government which he exercised there, and in what manner it affected the people that were subjected to it.

Bengal, like every part of India subject to the British empire, contains (as I have already had occasion to mention) three distinct classes of people, forming three distinct social systems. The first is the Mahometans, which, about seven hundred years ago, obtained a footing in that country, and ever since has in a great degree retained its authority there. For the Mahometans had settled there long before the foundation of the Bengal empire, which was overturned by Tamerlane: so that this people, who are represented sometimes loosely as strangers, are people of ancient and considerable settlement in that country; and though, like Mahometan settlers in many other countries, they have fallen into decay, yet, being continually recruited from various parts of Tartary under the Mogul empire, and from various parts of Persia, they continue to be the leading and most powerful people throughout the peninsula; and so we found them there. These people, for the most part, follow no trades or occupation, their religion and laws forbidding them in the strictest manner to take usury or profit arising from money that is in any way lent; they have, therefore, no other means for their support but what arises from their adherence to and connection with the Mogul government and its viceroys. They enjoy under them various offices, civil and military,—various employments in the courts of law, and stations in the army. Accordingly a prodigious number of people, almost all of them persons of the most ancient and respectable families in the country, are dependent upon and cling to the subahdars or viceroys of the several provinces. They, therefore, who oppress, plunder, and destroy the subahdars, oppress, rob, and destroy an immense mass of people. It is true that a supervening government, established upon another, always reduces a certain portion of the dependants upon the latter to want. You must distress, by the very nature of the circumstances of the case, a great number of people; but then it is your business, when, by the superiority which you have acquired, however you may have acquired it, (for I am not now considering whether you have acquired it by fraud or force, or whether by a mixture of both,) when, I say, you have acquired it, it is your business not to oppress those people with new and additional difficulties, but rather to console them in the state to which they are reduced, and to give them all the assistance and protection in your power.

The next system is composed of the descendants of the people who were found in the country by the Mahometan invaders. The system before mentioned comprehends the official interest, the judicial interest, the court interest, and the military interest. This latter body includes almost the whole landed interest, commercial interest, and moneyed interest of the country. For the Hindoos not being forbidden by their laws or religious tenets, as laid down in the Shaster, many of them became the principal money-lenders and bankers; and thus the Hindoos form the greatest part both of the landed and moneyed interest in that country.

The third and last system is formed of the English interest; which in reality, whether it appears directly or indirectly, is the governing interest of the whole country,—of its civil and military interest, of its landed, moneyed, and revenue interest; and what to us is the greatest concern of all, it is this system which is responsible for the government of that country to the government of Great Britain. It is divided into two parts: one emanating from the Company, and afterwards regulated by act of Parliament; the other a judicial body, sent out by and acting under the authority of the crown itself. The personscomposing that interest are those whom we usually call the servants of the Company. They enter into that service, as your Lordships know, at an early period of life, and they are promoted accordingly as their merit or their interest may provide for them. This body of men, with respect to its number, is so small as scarcely to deserve mentioning; but, from certain circumstances, the government of the whole country is fallen into their hands. Amongst these circumstances, the most important and essential are their having the public revenues and the public purse entirely in their own hands, and their having an army maintained by that purse, and disciplined in the European manner.

Such was the state of that country when Mr. Hastings was appointed Governor in 1772. Your Lordships are now to decide upon the manner in which he has comported himself with regard to all these three interests: first, whether he has made the ancient Mahometan families as easy as he could; secondly, whether he has made the Hindoo inhabitants, the zemindars and their tenants, as secure in their property and as easy in their tenure as he could; and lastly, whether he has made the English interest a blessing to the country, and, whilst it provided moderate, safe, and proper emoluments to the persons that were concerned in it, it kept them from oppression and rapine, and a general waste and ravage of the country: whether, in short, he made all these three interests pursue that one object which all interests and all governments ought to pursue, the advantage and welfare of the people under them.

My Lords, in support of our charge against the prisoner at your bar, that he acted in a manner directly the reverse of this, we have proved to you that his first acts of oppression were directed against the Mahometan government,—that government which had been before, not only in name, but in effect, to the very time of his appointment, the real government of the country. After the Company had acquired its right over it, some shadow still remained of the ancient government. An allowance was settled for the Nabob of Bengal, to support the dignity of his court, which amounted to between four and five hundred thousand pounds a year. In this was comprehended the support of the whole mass of nobility,—the soldiers, serving or retired,—all the officers of the court, and all the women that were dependent upon them,—the whole of the criminal jurisdiction of the country, and a very considerable part of the civil law and the civil government. These establishments formed the constitutional basis of their political government.

The Company never had (and it is a thing that we can never too often repeat to your Lordships)—the Company never had of right despotic power in that country, to overturn any of these establishments. The Mogul, who gave them their charters, could not give them such a power,—he did notde factogive them such a power; the government of this country did not by act of Parliament, and the Company did not and could not by their delegation, give him such a power; the act by which he was appointed Governor did not give him such a power. If he exercised it, he usurped it; and therefore, every step we take in the examination of his conduct in Bengal, as in every step we take upon the same subject everywhere else, we look for the justification of his conductto laws,—the Law of Nations, the laws of this country, and the laws of the country he was sent to govern.

The government of that country, by the ancient constitution of the Mogul empire, besides the numberless individual checks and counter-checks in the inferior officers [offices?], is divided into the viceroyal part and the subahdarry part. The viceroyal part takes in all criminal justice and political government. Mr. Hastings found the country under a viceroy, governing according to law, acting by proper judges and magistrates under him: he himself not being the judicial, but executive power of the country,—that which sets the other in action, and does not supersede it or supply its place. The other, the subahdarry power, which was by the grant of the dewanny conferred upon the Company, had under its care the revenues, as much of the civil government as is concerned with the revenues, and many other matters growing out of it. These two offices are coördinate and dependent on each other. The Company, after contracting to maintain the army out of it, got the whole revenue into their power. The army being thus within their power, the subahdar by degrees vanished into an empty name.

When we thus undertook the government of the country, conscious that we had undertaken a task which by any personal exertion of our own we were unable to perform in any proper or rational way, the Company appointed a native of the country, Mahomed Reza Khân, who stands upon the records of the Company, I venture to say, with such a character as no man perhaps ever did stand, to execute the duties of both offices. Upon the expulsion of Cossim Ali Khân, the Nabob of Bengal, all his children wereleft in a young, feeble, and unprotected state; and in that state of things, Lord Clive, Mr. Sumner, who sits near Mr. Hastings, and the rest of the Council, wisely appointed Mahomed Reza Khân to fulfil the two offices of deputy-viceroy and deputy-dewan, for which he had immense allowances, and great jaghires and revenues, I allow. He was a man of that dignity, rank, and consideration, added to his knowledge of law and experience in business, that Lord Clive and Mr. Sumner, who examined strictly his conduct at that time, did not think that 112,000l.a year, the amount of the emoluments which had been allowed him, was a great deal too much; but at his own desire, and in order that these emoluments might be brought to stated and fixed sums, they reduced it to 90,000l.,—an allowance which they thought was not more than sufficient to preserve the state of so great a magistrate, and a man of such rank, exercising such great employments. The whole revenue of the Company depended upon his talents and fidelity; and you will find, that, on the day in which he surrendered the revenues into our hands, the dewanny, under his management, was a million more than it produced on the day Mr. Hastings left it. For the truth of this I refer your Lordships to a letter of the Company sent to the Board of Control. This letter is not in evidence before your Lordships, and what I am stating is merely historical. But I state the facts, and with the power of referring for their proof to documents as authentic as if they were absolutely in evidence before you. Assuming, therefore, that all these facts may be verified by the records of the Company, I have now to state that this man, by some rumors true or false, was supposed to havemisconducted himself in a time of great calamity in that country. A great famine had about this time grievously afflicted the whole province of Bengal.—I must remark by the way, that these countries are liable to this calamity; but it is greatly blessed by Nature with resources which afford the means of speedy recovery, if their government does not counteract them. Nature, that inflicts the calamity, soon heals the wound; it is in ordinary seasons the most fertile country, inhabited by the most industrious people, and the most disposed to marriage and settlement, probably, that exists in the whole world; so that population and fertility are soon restored, and the inhabitants quickly resume their former industrious occupations.

During the agitation excited in the country by the calamity I have just mentioned, Mahomed Reza Khân, through the intrigues of Rajah Nundcomar, one of his political rivals, and of some English faction that supported him, was accused of being one of the causes of the famine. In answer to this charge, he alleged, what was certainly a sufficient justification, that he had acted under the direction of the English board, to which his conduct throughout this business was fully known. The Company, however, sent an order from England to have him tried; but though he frequently supplicated the government at Calcutta that his trial should be proceeded in, in order that he might be either acquitted and discharged or condemned, Mr. Hastings kept him in prison two years, under pretence (as he wrote word to the Directors) that Mahomed Reza Khân himself was not very desirous to hasten the matter. In the mean time the Court of Directors, having removed him from his great offices, authorized and commanded Mr. Hastings (and here we come within the sphere of your minutes) to appoint a successor to Mahomed Reza Khân, fit to fulfil the duties of his station. Now I shall first show your Lordships what sort of person the Court of Directors described to him as most fit to fill the office of Mahomed Reza Khân, what sort of person he did appoint, and then we will trace out to you the consequences of that appointment.

Letter from the Court of Directors to the President and Council at Fort William, dated 28th August, 1771."Though we have not a doubt but that, by the exertion of your abilities, and the care and assiduity of our servants in the superintendency of the revenues, the collections will be conducted with more advantage to the Company and ease to the natives than by means of a naib dewan, we are fully sensible of the expediency of supporting some ostensible minister in the Company's interest at the Nabob's court, to transact the political affairs of the sircar, and interpose between the Company and the subjects of any European power, in all cases wherein they may thwart our interest or encroach on our authority; and as Mahomed Reza Khân can no longer be considered by us as one to whom such a power can be safely committed, we trust to your local knowledge the selection of some person well qualified for the affairs of government, and of whose attachment to the Company you shall be well assured: such person you will recommend to the Nabob to succeed Mahomed Reza as minister of the government, and guardian of the Nabob's minority; and we persuade ourselves that the Nabob will pay such regard to your recommendation as to invest him with the necessary power and authority."As the advantages which the Company may receive from the appointment of such minister will depend on his readiness to promote our views and advance our interest, we are willing to allow him so liberal a gratification as may excite his zeal and secure his attachment to the Company; we therefore empower you to grant to the person whom you shall think worthy of this trust an annual allowance not exceeding three lacs of rupees, (thirty thousand pounds,) which we consider not only as a munificent reward for any services he shall render the Company, but sufficient to enable him to support his station with suitable rank and dignity. And here we must add, that, in the choice you shall make of a person to be the active minister of the Nabob's government, we hope and trust that you will show yourselves worthy of the confidence we have placed in you, by being actuated therein, by no other motives than those of the public good and the safety and interest of the Company."

Letter from the Court of Directors to the President and Council at Fort William, dated 28th August, 1771.

"Though we have not a doubt but that, by the exertion of your abilities, and the care and assiduity of our servants in the superintendency of the revenues, the collections will be conducted with more advantage to the Company and ease to the natives than by means of a naib dewan, we are fully sensible of the expediency of supporting some ostensible minister in the Company's interest at the Nabob's court, to transact the political affairs of the sircar, and interpose between the Company and the subjects of any European power, in all cases wherein they may thwart our interest or encroach on our authority; and as Mahomed Reza Khân can no longer be considered by us as one to whom such a power can be safely committed, we trust to your local knowledge the selection of some person well qualified for the affairs of government, and of whose attachment to the Company you shall be well assured: such person you will recommend to the Nabob to succeed Mahomed Reza as minister of the government, and guardian of the Nabob's minority; and we persuade ourselves that the Nabob will pay such regard to your recommendation as to invest him with the necessary power and authority.

"As the advantages which the Company may receive from the appointment of such minister will depend on his readiness to promote our views and advance our interest, we are willing to allow him so liberal a gratification as may excite his zeal and secure his attachment to the Company; we therefore empower you to grant to the person whom you shall think worthy of this trust an annual allowance not exceeding three lacs of rupees, (thirty thousand pounds,) which we consider not only as a munificent reward for any services he shall render the Company, but sufficient to enable him to support his station with suitable rank and dignity. And here we must add, that, in the choice you shall make of a person to be the active minister of the Nabob's government, we hope and trust that you will show yourselves worthy of the confidence we have placed in you, by being actuated therein, by no other motives than those of the public good and the safety and interest of the Company."

Here, my Lords, a person was to be named fit to fill the office and supply the place of Mahomed Reza Khân, who was deputy-viceroy of Bengal, at the head of the criminal justice of the country, and, in short, at the head of the whole ostensible Mahometan government; he was also to supply the place of Mahomed Reza Khân as naib dewan, from which Reza Khân was to be removed: for you will observe, the Directors always speak of a man fit to perform all the duties of Mahomed Reza Khân; and amongst these he was to be as the guardian of the Nabob's person, and the representative of his authority and government.

Mr. Hastings, having received these orders from the Court of Directors, did—what? He alleges in his defence, that no positive commands were given him. But a very sufficient description was given of the person who ought to succeed Mahomed Reza Khân, in whom the Company had before recognized all the necessary qualities; and they therefore desire him to name a similar person. But what does Mr. Hastings do in consequence of this authority? He names no man at all. He searches into the seraglio of the Nabob, and names a woman to be the viceroy of the province, to be the head of the ostensible government, to be the guardian of the Nabob's person, the conservator of his authority, and a proper representative of the remaining majesty of that government.

Well, my Lords, he searched the seraglio. When you have to take into consideration the guardianship of a person of great dignity, there are two circumstances to be attended to: one, a faithful and affectionate guardianship of his person; and the other, a strong interest in his authority, and the means of exercising that authority in a proper and competent manner. Mr. Hastings, when he was looking for a woman in the seraglio, (for he could find women only there,) must have found actually in authority there the Nabob's own mother: certainly a person who by nature was most fit to be his guardian; and there is no manner of doubt of her being sufficiently competent to that duty. Here, then, was a legitimate wife of the Nabob Jaffier Ali Khân, a woman of rank and distinction, fittest to take care of the person and interests, as far as a woman could take care of them, ofher own son. In this situation she had been placed before, during the administration of Mahomed Reza Khân, by the direct orders of the Governor, Sir John Cartier. She had, I say, been put in possession of that trust which it was natural and proper to give to such a woman. But what does Mr. Hastings do? He deposes this woman. He strips her of her authority with which he found her invested under the sanction of the English government. He finds out a woman in the seraglio, called Munny Begum, who was bound to the Nabob by no tie whatever of natural affection. He makes this woman the guardian of the young Nabob's person. She had a son who had been placed upon the musnud after the death of his father, Sujah Dowlah, and had been appointed his guardian. This young Nabob died soon afterwards, and was succeeded by Nujim ul Dowlah, another natural son of Sujah Dowlah. This prince being left without a mother, this woman was suffered to retain the guardianship of the Nabob till his death. When Mobarek ul Dowlah, a legitimate son of Sujah Dowlah, succeeded him, Sir John Cartier did what his duty was: he put the Nabob's own mother into the place which she was naturally entitled to hold, the guardianship of her own son, and displaced Munny Begum. The whole of the arrangement by which Munny Begum was appointed guardian of the two preceding Nabobs stands in the Company's records stigmatized as a transaction base, wicked, and corrupt. We will read to your Lordships an extract from a letter which has the signature of Mr. Sumner, the gentleman who sits here by the side of Mr. Hastings, and from which you will learn what the Company and the Council thought of the original nomination of Munny Begum and of her son. You will find that they considered her as a great agent and instrument of all the corruption there; and that this whole transaction, by which the bastard son of Munny Begum was brought forward to the prejudice of the legitimate son of the Nabob, was considered to be, what it upon the very face of it speaks itself to be, corrupt and scandalous.

Extract of a General Letter from the President and Council at Calcutta, Bengal, to the Select Committee of the Directors.Paragraph 5.—"At Fort St. George we received the first advices of the demise of Mir Jaffier, and of Sujah Dowlah's defeat. It was there firmly imagined that no definitive measures would be taken, either with respect to a peace or filling the vacancy in the nizamut, before our arrival,—as the 'Lapwing' arrived in the month of January with your general letter, and the appointment of a committee with express powers to that purpose, for the successful exertion of which the happiest occasion now offered. However, a contrary resolution prevailed in the Council. The opportunity of acquiring immense fortunes was too inviting to be neglected, and the temptation too powerful to be resisted. A treaty was hastily drawn up by the board,—or rather, transcribed, with few unimportant additions, from that concluded with Mir Jaffier,—and a deputation, consisting of Messrs. Johnstone, senior, Middleton, and Leycester, appointed to raise the natural son of the deceased Nabob to the subahdarry, in prejudice of the claim of the grandson; and for this measure such reasons assigned as ought to have dictated a diametricallyopposite resolution. Meeran's son was a minor, which circumstance alone would have naturally brought the whole administration into our hands at a juncture when it became indispensably necessary we should realize the shadow of power and influence, which, having no solid foundation, was exposed to the danger of being annihilated by the first stroke of adverse fortune. But this inconsistence was not regarded, nor was it material to the views for precipitating the treaty, which was pressed on the young Nabob at the first interview, in so earnest and indelicate a manner as highly disgusted him and chagrined his ministers, while not a single rupee was stipulated for the Company, whose interests were sacrificed that their servants might revel in the spoils of a treasury, before impoverished, but now totally exhausted."6. This scene of corruption was first disclosed at a visit the Nabob paid to Lord Clive and the gentlemen of the Committee a few days after our arrival. He there delivered to his Lordship a letter filled with bitter complaints of the insults and indignity he had been exposed to, and the embezzlement of near twenty lacs of rupees issued from his treasury for purposes unknown during the late negotiations. So public a complaint could not be disregarded, and it soon produced an inquiry. We referred the letter to the board in expectation of obtaining a satisfactory account of the application of this money, and were answered only by a warm remonstrance entered by Mr. Leycester against that very Nabob in whose elevation he boasts of having been a principal agent."7. Mahomed Reza Khân, the naib subah, was then called upon to account for this largedisbursement from the treasury; and he soon delivered to the Committee the very extraordinary narrative entered in our Proceedings the 6th of June, wherein he specifies the several names and sums, by whom paid, and to whom, whether in cash, bills, or obligations. So precise, so accurate an account as this of money for secret and venal services was never, we believe, before this period, exhibited to the Honorable Court of Directors, at least never vouched by undeniable testimony and authentic documents: by Juggut Seet, who himself was obliged to contribute largely to the sums demanded; by Muley Ram, who was employed by Mr. Johnstone in all these pecuniary transactions; by the Nabob and Mahomed Reza Khân, who were the heaviest sufferers; and, lastly, by the confession of the gentlemen themselves whose names are specified in the distribution list."8. Juggut Seet expressly declared in his narrative, that the sum which he agreed to pay the deputation, amounting to 125,000 rupees, was extorted by menaces; and since the close of our inquiry, and the opinions we delivered in the Proceedings of the 21st of June, it fully appears that the presents from the Nabob and Mahomed Reza Khân, exceeding the immense sum of seventeen lacs, were not the voluntary offerings of gratitude, but contributions levied on the weakness of the government, and violently exacted from the dependent state and timid disposition of the minister. The charge, indeed, is denied on the one hand, as well as affirmed on the other. Your honorable board must therefore determine how far the circumstance of extortion may aggravate the crime of disobedience to your positive orders,—the exposing the government in a manner to sale, andreceiving the infamous wages of corruption from opposite parties and contending interests. We speak with boldness, because we speak from conviction founded upon indubitable evidence, that, besides the above sums specified in the distribution account, to the amount of 228,125l.sterling, there was likewise to the value of several lacs of rupees procured from Nundcomar and Roy Dullub, each of whom aspired at and obtained a promise of that very employment it was predetermined to bestow on Mahomed Reza Khân.(Signed at the end,)"CLIVE.WMB. SUMNER.JOHN CARNAC.H. VERELST.FRASSYKES."

Extract of a General Letter from the President and Council at Calcutta, Bengal, to the Select Committee of the Directors.

Paragraph 5.—"At Fort St. George we received the first advices of the demise of Mir Jaffier, and of Sujah Dowlah's defeat. It was there firmly imagined that no definitive measures would be taken, either with respect to a peace or filling the vacancy in the nizamut, before our arrival,—as the 'Lapwing' arrived in the month of January with your general letter, and the appointment of a committee with express powers to that purpose, for the successful exertion of which the happiest occasion now offered. However, a contrary resolution prevailed in the Council. The opportunity of acquiring immense fortunes was too inviting to be neglected, and the temptation too powerful to be resisted. A treaty was hastily drawn up by the board,—or rather, transcribed, with few unimportant additions, from that concluded with Mir Jaffier,—and a deputation, consisting of Messrs. Johnstone, senior, Middleton, and Leycester, appointed to raise the natural son of the deceased Nabob to the subahdarry, in prejudice of the claim of the grandson; and for this measure such reasons assigned as ought to have dictated a diametricallyopposite resolution. Meeran's son was a minor, which circumstance alone would have naturally brought the whole administration into our hands at a juncture when it became indispensably necessary we should realize the shadow of power and influence, which, having no solid foundation, was exposed to the danger of being annihilated by the first stroke of adverse fortune. But this inconsistence was not regarded, nor was it material to the views for precipitating the treaty, which was pressed on the young Nabob at the first interview, in so earnest and indelicate a manner as highly disgusted him and chagrined his ministers, while not a single rupee was stipulated for the Company, whose interests were sacrificed that their servants might revel in the spoils of a treasury, before impoverished, but now totally exhausted.

"6. This scene of corruption was first disclosed at a visit the Nabob paid to Lord Clive and the gentlemen of the Committee a few days after our arrival. He there delivered to his Lordship a letter filled with bitter complaints of the insults and indignity he had been exposed to, and the embezzlement of near twenty lacs of rupees issued from his treasury for purposes unknown during the late negotiations. So public a complaint could not be disregarded, and it soon produced an inquiry. We referred the letter to the board in expectation of obtaining a satisfactory account of the application of this money, and were answered only by a warm remonstrance entered by Mr. Leycester against that very Nabob in whose elevation he boasts of having been a principal agent.

"7. Mahomed Reza Khân, the naib subah, was then called upon to account for this largedisbursement from the treasury; and he soon delivered to the Committee the very extraordinary narrative entered in our Proceedings the 6th of June, wherein he specifies the several names and sums, by whom paid, and to whom, whether in cash, bills, or obligations. So precise, so accurate an account as this of money for secret and venal services was never, we believe, before this period, exhibited to the Honorable Court of Directors, at least never vouched by undeniable testimony and authentic documents: by Juggut Seet, who himself was obliged to contribute largely to the sums demanded; by Muley Ram, who was employed by Mr. Johnstone in all these pecuniary transactions; by the Nabob and Mahomed Reza Khân, who were the heaviest sufferers; and, lastly, by the confession of the gentlemen themselves whose names are specified in the distribution list.

"8. Juggut Seet expressly declared in his narrative, that the sum which he agreed to pay the deputation, amounting to 125,000 rupees, was extorted by menaces; and since the close of our inquiry, and the opinions we delivered in the Proceedings of the 21st of June, it fully appears that the presents from the Nabob and Mahomed Reza Khân, exceeding the immense sum of seventeen lacs, were not the voluntary offerings of gratitude, but contributions levied on the weakness of the government, and violently exacted from the dependent state and timid disposition of the minister. The charge, indeed, is denied on the one hand, as well as affirmed on the other. Your honorable board must therefore determine how far the circumstance of extortion may aggravate the crime of disobedience to your positive orders,—the exposing the government in a manner to sale, andreceiving the infamous wages of corruption from opposite parties and contending interests. We speak with boldness, because we speak from conviction founded upon indubitable evidence, that, besides the above sums specified in the distribution account, to the amount of 228,125l.sterling, there was likewise to the value of several lacs of rupees procured from Nundcomar and Roy Dullub, each of whom aspired at and obtained a promise of that very employment it was predetermined to bestow on Mahomed Reza Khân.

(Signed at the end,)"CLIVE.WMB. SUMNER.JOHN CARNAC.H. VERELST.FRASSYKES."

My Lords, the persons who sign this letter are mostly the friends, and one of them is the gentleman who is bail for and sits near Mr. Hastings. They state to you this horrible and venal transaction, by which the government was set to sale, by which a bastard son was elevated to the wrong of the natural and legitimate heir, and in which a prostitute, his mother, was put in the place of the honorable and legitimate mother of the representative of the family.

Now, if there was one thing more than another under heaven, which Mr. Hastings ought to have shunned, it was the suspicion of being concerned in any such infamous transaction as that which is here recorded to be so,—a transaction in which the country government had before been sold to this very woman and her offspring, and in which two great candidates for power in that country fought against each other, and perhaps the largest offerer carried it.

When a Governor-General sees the traces of corruption in the conduct of his predecessors, the traces of injustice following that corruption, the traces of notorious irregularity in setting aside the just claimants in favor of those that have no claim at all, he has that before his eyes which ought to have made him the more scrupulously avoid, and to keep at the farthest distance possible from, the contagion and even the suspicion of being corrupted by it. Moreover, my Lords, it was in consequence of these very transactions that the new covenants were made, which bind the servants of the Company never to take a present of above two hundred pounds, or some such sum of money, from any native in circumstances there described. This covenant I shall reserve for consideration in another part of this business. It was in pursuance of this idea, and to prevent the abuse of the prevailing custom of visiting the governing powers of that country with a view of receiving presents from them, that the House of Commons afterwards, in its inquiries, took up this matter and passed the Regulating Act in 1773.

But to return to Munny Begum.—This very person, that had got into power by the means already mentioned, did Mr. Hastings resort to, knowing her to be well skilled in the trade of bribery,—knowing her skilful practice in business of this sort,—knowing the fitness of her eunuchs, instruments, and agents, to be dealers in this kind of traffic. This very woman did Mr. Hastings select, stigmatized as she was in the Company's record, stigmatized by the very gentleman who sits next to him, and whose name you have heard read to you as one of those members of the Council that reprobated the horrible iniquity of the transaction in which this woman was a principal agent. For though neither the young Nabob nor his mother ought to have been raised to the stations in which they were placed, and were placed there for the purpose of facilitating the receipt of bribes, yet the order of Nature was preserved, and the mother was made the guardian of her own son: for though she was a prostitute and he a bastard, yet still she was a mother and he a son; and both Nature and legitimate disposition with regard to the guardianship of a son went together.

But what did Mr. Hastings do? Improving upon the preceding transaction, improving on it by a kind of refinement in corruption, he drives away the lawful mother from her lawful guardianship; the mother of nature he turns out, and he delivers her son to the stepmother to be the guardian of his person. That your Lordships may see who this woman was, we shall read to you a paper from your Lordships' minutes, produced before Mr. Hastings's face, and never contradicted by him from that day to this.


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