The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12)

That the said Hastings, further to preclude the operation of such discretionary conduct in the administration of this kingdom as circumstances might call for, has informed the Directors that he has gone so far as even to condition the existence of the revenue itself with the exclusion of the Company, his masters, from all interference whatsoever: for in his letter to Mr. Wheler, dated Benares, 20th September, 1784, are the following words. "The aumils [collectors] demanded that a clause should be inserted in their engagements, that they were to be in full force for the complete term of their leases, provided that no foreign authority was exercised over them,—or, in other words, that their engagements were to cease whenever they should be interrupted in their functions by the interference of an English agent. This requisition was officially notified to me by the acting minister, and referred to me in form by the Nabob Vizier, for my previous consent to it. I encouraged it, and I gave my consent to it." And the said Hastings has been guilty of the high presumption to inform his said masters, that he has taken that course to compel them not to violate the assurances given by him in their name: "There is one condition" (namely, the above condition) "which essentially connects the confirmation of the settlement itself with the interests of the Company."

LXXVIII. That the said Warren Hastings, who did show an indecent distrust of the Company's faith, did endeavor, before that time, at other times, namely, in his instructions to his secret agent, Major Palmer, dated the 6th of May, 1782, to limit the confidence to be reposed in the British government to the duration of his own power, in the following words in the fifth article. "It is very much my desire to impress the Nabob with a thorough confidence in the faith and justice of our government,—that is to say, in my own, while I am at the head of it: I cannot be answerable for the acts of others independent of me."

LXXIX. That the said Warren Hastings did, in his letter, dated Benares, the 1st of October, 1784, to the Court of Directors, write, "that, if they [the Directors] manifested no symptoms of an (1.) intended interference, the objects of his engagements will be obtained; (2.) but if a different policy shall be adopted,—if new agents are sent into the country, and armed with authority for the purposes of vengeance or corruption (for to no other will they be applied),—if new demands are made on the Nabob Vizier, (4.) and accounts overcharged on one side, with a wide latitude taken on the other, to swell his debt beyond the means of payment,—(5.) if political dangers are portended, to ground on them the plea of burdening his country with unnecessary defences and enormous subsidies,—(6.) or if, even abstaining from direct encroachment on the Nabob's rights, your government shall show but a degree of personal kindness to the partisans of the late usurpation, or by any constructive indication of partiality and dissatisfaction furnish grounds for the expectation of an approaching change of system,—I am sorry to say, that all my labors will prove abortive."

LXXX. That all the measures deprecated in future by the said Warren Hastings, with a reference to former conduct, in his several letters aforesaid, being (so far as the same are intelligible) six in number, have been all of them the proper acts and measures of the said Warren Hastings himself. For he did himself first of all introduce, and did afterwards continue and support, that interference which he now informs the Court of Directors "is ruinous and disreputable, and which the very symptoms of an intention to renew" he considers in the highest degree dangerous; he did direct, with a controlling and absolute authority, in every department of government, and in every district in the dominions of the Nabob of Oude. Secondly, the appointment of agents, which was eminently the act of his own administration: he not only retaining many agents in the country of Oude, both "secret and avowed," but also sending some of them, in defiance to the orders of that very Court of Directors, to whom, in his said letter of the 1st of October, 1784, he assigns "vengeance and corruption" as the only motives that can produce such appointments. Thirdly, that he, the said Warren Hastings, did instruct one of the said agents, and did charge him upon pain of "a dreadful responsibility," to perform sundry acts of violence against persons of the highest distinction and nearest relation to the prince; which acts were justly liable to the imputation of "vengeance" in the execution, and which he, in his reply to the defence of Middleton to one of his charges, did declare to be liable to the suspicion of "corruption in the relaxation." Fourthly, that he did raise new demands on the Vizier, "and overcharge accounts on one side and take a wide latitude on the other," by sending up a new and before unheard-of overcharge of four hundred thousand pounds and upwards, not made by the Resident or admitted by the Vizier, and, by adding the same, did swell his debt "beyond the means of payment"; and did even insert, as the ninth article of his charge against Middleton, "his omitting to take any notice of the additional balance of Rupees 26,48,571, stated by the Accountant-General to be due from the Vizier on the 30th of April, 1780," to which he did add fourteen lac more, making together the above sum. Fifthly, that he, the said Warren Hastings, did assign "political dangers," in his minute of the 13th December, 1779, for burdening the said Nabob of Oude "with unnecessary defences and enormous subsidies," with regard to which he then declared, that "it was our part, not his [the Nabob's], to judge and to determine." And, sixthly, that he did not only show the design, but the fact, of personal kindness to the partisans of what he here calls, as well as in another letter, and in one Minute of Consultation, a "late usurpation,"—he having rewarded the principal and most obnoxious of the instruments of the said late usurpation, (if such it was,) Richard Johnson, Esquire, with an honorable and profitable embassy to the court of the Nizam.

LXXXI. That the said Warren Hastings, therefore,—by assuming an authority which he himself did consider as an usurpation, and by acts in virtue of that usurped authority, done in his own proper person and by agents appointed by himself, and proceeding (though with some mitigation, for which one of them was by him censured and accused) under his own express and positive orders and instructions, and thereby establishing, as he himself observed, "a system of interference, disreputable and ruinous, which could only be subservient to promote patronage, private interest, private embezzlement, corruption, and vengeance," to the public detriment of the Company, "and to the ruin of a once flourishing nation, and eternally reproachful to the British name," and for the evil effects of which system, "as his sole and ultimate hope" and remedy, he recommends an entire abdication, forever, not only of all power and authority, but even of the interference and influence of Great Britain,—is guilty of an high crime and misdemeanor.

LXXXII. That the said Warren Hastings, in his letter from Chunar of the 29th of November, 1781, has represented that very influence and interference, which in three public papers he denominates "a late usurpation" as being authorized by a regular treaty and agreement, voluntarily made with the Nabob himself, at a place called Chunar, on the 19th of September, 1781, a copy of which hath been transmitted to the Court of Directors,—and that three persons were present at the execution of the same, two whereof were Middleton and Johnson, his agents and Residents at Oude, the third the minister of the Nabob. And he did, in his paper written to the Council-General, and transmitted to the Court of Directors, not only declare that the said interference was agreed to by the said Nabob, and sealed with his seal, but would be highly beneficial to him: assuring the said Council, "that, if the Resident performed his duty in the execution of his [the said Hastings's] instructions, the Nabob's part of the engagement will prove of still greater benefit to him than to our government, in whose behalf it was exacted; and that the participation which is allowed our Resident in the inspection of the public treasure will secure the receipt of the Company's demands, whilst the influence which our government will ALWAYS possess over the public minister of the Nabob, and the authority of our own, will be an effectual means of securing an attentive and faithful discharge of their several trusts, both towards the Company and the Vizier."

LXXXIII. And the said Warren Hastings did not only settle a plan, of which the agency and interference aforesaid was a part, and assert the beneficial consequences thereof, but did also record, that the same "was a great public measure, constituted on a large and established system, and destructive, in its instant effects, of the interest and fortune of many patronized individuals"; and in consequence of the said treaty, he, the said Warren Hastings, did authorize and positively require his agent aforesaid to interfere in and control and regulate all the Nabob's affairs whatsoever: and the said Warren Hastings having made for the Company, and in its name, an acquisition of power and authority, even if it had been abused by others, he ought to have remedied the abuse, and brought the guilty to condign punishment, instead of making another treaty without their approbation, consent, or knowledge, and to this time not communicated to them, by which it appears he has annulled the former treaty, and the authority thereby acquired to the Company, as a grievance and usurpation, to which, from the general corruption of their service, no other remedy could be applied than a formal renunciation of their power and influence: for which said actings and doings the said Warren Hastings is guilty of an high crime and misdemeanor.

LXXXIV. That the Company's army in India is an object requiring the most vigilant and constant inspection, both to the happiness of the natives, the security of the British power, and to its own obedience and discipline, and does require that inspection in proportion as it is removed from the principal seat of government; and the number and discipline of the troops kept up by the native princes, along with British troops, is also of great moment and importance to the same ends. That Warren Hastings, Esquire, pretending to pursue the same, did, in virtue of an authority acquired by the treaty of Chunar aforesaid, give strict orders, and to which he did demand a most implicit obedience, that all officers of the Nabob's army should be appointed "with the concurrence of the Resident," and supposing the case that persons of obnoxious description or of known disaffection to the British government should be appointed, (of which he left the Resident to be the judge,) he did direct in the following words: "You are in such case to remonstrate against it; and if the Vizier should persist in his choice, you are peremptorily, and in my name, to oppose it as a breach of his agreement"; and he did also direct that the "mootiana [or soldiers employed for the collection of revenue] should be reformed, and reduced into one corps for the whole service, and that no infantry should be left in the Nabob's service but what may be necessary for his bodyguard"; and he did further order and direct as follows: "That in quelling disturbances the commander of the forces should assist you [the said Resident] on the requisition of the Vizier communicated through you to him [the said commander], or at your own tingle application. It is directed that the regiment ordered for the immediate protection of your office and person at Lucknow shall be relieved every three months, and during its stay there shall act solely and exclusively under your orders." And it appears in the course of the Company's correspondence, that the country troops under the Nabob's sole direction would be ill-disciplined and unserviceable, if not worse, and therefore the said Warren Hastings did order that "no infantry should be kept in his service"; yet it appears that the said Warren Hastings did make an arrangement for a body of native troops wholly out of the control or inspection of the British government, and left a written order in the hands of Major Palmer (one of his agents, who had been continued there, though the Company was not permitted to employ any) to be transmitted to Colonel Cumming as soon as an adequate force shall be provided for the defence of the Nabob's frontier by detachments from the Nabob's own battalions,—the said Colonel Cumming's forces, whom the others were to supersede and replace, consisting wholly of infantry, and which, being intended for the same service, were probably of the same constitution.

LXXXV. That the old brigade of British troops, which by treaty was to remain, had been directed, by the instructions of the said Hastings to the Resident Middleton and to the Resident Bristow, "not to be employed at the requisition of the Vizier any otherwise than through the Resident"; and the said direction was properly given,—it not being fit that British troops should be under the sole direction of foreign independent princes, or of any other than the British government: yet, notwithstanding the proper and necessary direction aforesaid, he, the said Warren Hastings, hath left the said troops, by his new treaty, without any local control, or even inspection, notwithstanding his powers under the treaty of Chunar, and his own repeated orders, and notwithstanding the mischiefs and dangers which the said Warren Hastings did foresee would result therefrom, if left under the sole direction of the Nabob, and their own discretion, the said Hastings having stipulated with the said Nabob not to exercise any authority, or even influence, secret or avowed, within his dominions.

LXXXVI. That the crime of the said Warren Hastings, in attempting thus to abandon the British army to the sole discretion of the Nabob of Oude, is exceedingly aggravated by the description given by him severally of the said Nabob of Oude, and of the British army stationed for the defence of his dominions. In his letters to the Court of Directors, and in his Minutes of Consultation, and particularly in his letter of –, immediately on the accession of the Nabob, he did inform the said Court, "that the Nabob had not, by all accounts, the qualities of the head or heart which fitted him for that office, though there was no dispute concerning his right to succeed"; and some years afterwards, when his accounts must have been rendered more certain, he did, in his Minute of Consultation of the 15th of December, 1779, (regularly transmitted to the Court of Directors,) upon a discussion for withdrawing certain troops kept up in the Nabob's country without his consent, by him, the said Warren Hastings, strongly urge as follows,—"the necessity of maintaining the influence and force which we possess in the country; that the disorders of his state [the Nabob of Oude's state] and dissipation of his revenues are the effects of his own conduct, which has failed, not so much from the usual effects of incapacity as from the detestable choice he has made of the ministers of his power and the participation of his confidence. I forbear to expatiate further on his character; it is sufficient that I am understood by the members of this board, who must know the truth of my allusions. Mr. Francis" (a member of the board) "surely was not aware of the injury he did me [Warren Hastings] by attributing to the spirit of party the character I gave Asoph ul Dowlah [the Nabob of Oude]; he himself knows it to be true; and it is one of those notorieties which supersede the necessity of any evidence. I was forced to the allusion I made by the imputation cast on this government, as having caused the evils which prevail in the government of the Nabob of Oude, which I could only answer by ascribing them to their true cause, the character and conduct of the Nabob of Oude." And the Resident (appointed by the said Hastings, against the orders of the Court of Directors, as his particular confidential representative, one whom the said Nabob did himself request might be continued with him by an engagement in writing forever) did some time before, that is, on the 3d of January, 1779, assure the said Hastings and the Council-General, that "such is his Excellency's [the Nabob of Oude's] disposition, and so entirely has he lost the confidence and affections of his subjects, that, unless some restraint is imposed on him which would effectually secure those who live under the protection of his government from violence and oppression, I am but too well convinced that no man of reputation or property will long continue in these provinces"; and that the said Resident proceeds to an instance of oppression and rapine, "out of many of the Nabob's, which has caused a total disaffection and want of confidence among his subjects: he hoped the board would take it into their humane consideration, and interpose their influence, and prevent an act which would inevitably bring disgrace upon himself, and a proportionable degree of discredit on the national character of the English, which I consider to be more or less concerned in every act of his administration."

LXXXVII. That no exception was ever taken by the said Warren Hastings to the truth of the facts, or to the justness of the observation of the said Resident, which he did transmit to the Court of Directors. And the said Warren Hastings, in his letter from Chunar, dated the 29th of November, 1781, speaking of the restraints which had been put by him, the said Hastings, on the Nabob, relative to his own mootiana, or forces for collection and police, and the necessity of giving the Resident a control in the nomination of the officers of his army, has asserted, "that the necessity of the reservation arose from a too well known defect in the Nabob's character: if this check be withdrawn, and the choice left absolutely to the Nabob, the first commands in his army will be filled with the most worthless and abandoned of his subjects: his late commander-in-chief is a signal and scandalous instance of this."

LXXXVIII. And the said Warren Hastings, in his letter to the Court of Directors, dated Benares, the 15th of October, 1784, even after he had made the aforesaid renunciation of the Company's authority and influence to the Nabob, did write, "that the Nabob, though most gentle in his manners, and endued with an understanding much above the common level, has been unfortunately bred up in habits that draw his attention too much from his own affairs, and often subject him to the guidance of insidious and unworthy confidants"; which, though more decently expressed with regard to the Nabob than in his former minutes, substantially agrees with them. And the said Warren Hastings did inform the Court of Directors, after he had solemnly covenanted to withdraw all the Company's influence on the assurances and promises of a person so by himself described, that, for reasons grounded on his knowledge of the imbecility of the character of the Nabob, he waited in a frontier town, "that he might be at hand to counteract any attempt to defeat the effect of his proceedings at Lucknow"; and in his letter to Mr. Wheler from the same place he did write in the following words: "I am still near enough to attend to the first effects of the execution, and to interfere with my influence for the removal of any obstructions to which they are or may be liable." He therefore found that there was none or but an insufficient security to the effect of his treaty, but in his own direct personal violation of it. What otherwise was wanting in the security for the Nabob's engagements was to be supplied as follows: "The most respectable persons of his family will be employed to counteract every other which may tend to warp him from it; and I am sorry to say that such assistance was wanting." And in another letter, "that he had equal ground to expect every degree of support which could be given it by the first characters of his family, who are warmly and zealously interested in it": the principal male character of the family, and of the most influence in that family, being Salar Jung, uncle to the Nabob; and the first female characters of the family being the mother and grandmother of the reigning sovereign: all of whom, male and female, he, the said Warren Hastings, in sundry letters of his own, in the transmission of various official documents, and even in affidavits studiously collected and sworn before Sir Elijah Impey during his short residence at Lucknow and Benares, did himself represent as persons entirely disaffected to the English power in India,—as having been principal promoters, if not original contrivers, of a general rebellion and revolt for the utter extirpation of the English nation,—and as such, he, the said Warren Hastings, did compel the Nabob reluctantly to take from them their landed estates; and yet the said Warren Hastings has had the presumption to attempt to impose on the East India Company by pretending to place his reliance on those three persons for a settlement favorable to the Company's interests, on his renunciation of all their own power, authority, and influence, and on his leaving their army to the sole and uncontrolled discretion of a stranger, meriting in his opinion the description given by him as aforesaid, as well as by him frequently asserted to be politically incapable of supporting his own power without the aid of the forces of the Company. And the offence of the said Warren Hastings, in abandoning a considerable part of the British army in the manner aforesaid, is much increased by the description which he has himself given of the state of the said army, and particularly of that part thereof which is stationed in the Nabob of Oude's dominions: for he did himself, on the 29th of November, 1781, transmit the information following, on that subject, to the Court of Directors, namely,—"that the remote stations of those troops, placing the commanding officers beyond the notice and control of the board [the Council-General] at Calcutta, afforded too much of opportunity and temptation for unwarrantable emoluments, and excited the contagion of peculation and rapacity throughout the whole army. A most remarkable instance and uncontrovertible proof of the prevalence of this spirit has been seen in the court-martial upon Captain Erskine, where the court, composed of officers of rank, and respectable characters, unanimously and honorably, (most honorably,) upon an acknowledged fact, acquitted him, which in times of stricter discipline would have been deemed a crime deserving the severest punishment." From which representation (if the said Warren Hastings did not falsely and unjustly accuse and slander the Company's service) it appeared that the peculation which infected the whole army, derived from the taint which it had in Oude, and so fatal to the discipline of the troops, would be dangerously increased by his treaty and agreement aforesaid with the Nabob, and by his own said evil counsel to the Court of Directors.

LXXXIX. That it appears, after the said Warren Hastings had, on grounds so disgraceful to the British nation and government, agreed to remove forever the British influence and interference from the government of Oude, on account of the disorders in the said government, solely produced by his own criminal acts and criminal connivances, that he did overturn his own settlement as soon as he had made it, and did, after he had abolished the Company's Residency, as a grievance, wholly violate his own solemn agreement: for he did, for his private purposes, continue therein his own private agent, Major Palmer, with a number of officers and pensioners, at a charge to the revenues of the country greatly exceeding that of the establishment under Mr. Bristow, which he did represent as frightfully enormous, and which he pretended to remove: the former amounting to 112,950l., the latter only to 64,202l.

XC. That his own secret agent, Major Palmer, did receive a salary or allowance, equal to 22,800l. a year, out of the distressed province of Oude; and this the said Palmer did declare not to be more than he absolutely did really and bonâ fide spend, and that he had retrenched considerably "in some of the articles since the expense has been borne by the Vizier, and in every particular he made as little parade and appearance as his station would admit,"—his station being that of the said Warren Hastings's private agent. But if the said large salary must be considered as merely equal to the expenses, large secret emoluments must be presumed to attend it, in order to make it a place advantageous to the holder thereof. That the said Palmer did apply to the board at Calcutta for a new authority to continue the said establishments,—he conceiving their continuance, "after the period of the Governor-General's departure, depended upon the pleasure of the board, and not upon the authority of the Governor-General, under the sanction of which they were established or confirmed."

XCI. That the said Warren Hastings, in order to ruin the Resident Bristow, and to justify himself for his former proceedings respecting him, did bring before the board a new charge against him, for having paid a large establishment of offices and pensions to the Company's servants from the revenues of Oude; and the said Bristow, in making his defence against the charge aforesaid, did plead, that he had found all the allowances on his list established before his last appointment to the Residency,—that they had grown to that excess in the interval between his first removal by the said Warren Hastings and his reappointment; and having adduced many reasons to make it highly probable that the said Hastings was perfectly well acquainted with it, and did approve of the expensive establishments which he, the said Bristow, simply had paid, but not imposed, he did allege, besides the official assurances of his predecessor, Middleton, certain facts, as amounting to a direct proof that the Governor-General, Warren Hastings, was not averse to the Vizier's granting large salaries to more than one European gentleman. And the first instance was to Mr. Thomas, a surgeon, who, exclusive of his pay from the Company, which was 1,440l. a year, claimed from the Vizier, with Mr. Hastings's knowledge, the sum of 9,763l. a year, and upwards, making together 11,203l. per annum. The next was Mr. Trevor Wheler, who did receive, upon the same establishment, when he was Fourth Assistant at Oude, 6,000l. a year; and which last fact the said Hastings has admitted upon record "that the accusations of Mr. Bristow and Mr. Cowper did oblige and compel him to acknowledge,"—denying, at the same time, that the allowances of the Residents Middleton and Bristow, except in this single instance, were ever authorized by him; whereas his own agent, Palmer, did, in his letter of the 27th of March, 1785, represent, that the said salaries and allowances (if not more and larger) were by him authorized or confirmed.

XCII. That the aforesaid Bristow did also produce the following letter in proof that Mr. Hastings knew and approved of large salaries to British subjects upon the revenues of Oude, and which he did declare that nothing but the necessity of self-defence could have induced him to produce.

'DEAR BRISTOW,—

"Sir Eyre Coote has some field-allowances to receive from the Vizier; they amount to Sicca Rupees 15,554 per month, and he has been paid up by the Vizier to the 20th of August, 1782. The Governor has directed me to write to you, to request you to receive what is due from the Vizier from the 20th August last, at the rate of Lucknow Sicca Rupees 15,664 per month, and send me a bill for the amount, the receipt of which I will acknowledge in the capacity of Sir Eyre Coote's attorney; and the Governor desires that you will continue to receive Sir Eyre Coote's field-allowances at the same rate, and remit the money to me as it comes in.

(Signed)

"CHARLES CROFTES.

"CALCUTTA, January 25, 1783."

XCIII. That Sir Eyre Coote aforesaid was at the time of the said field-allowances not serving in the country of Oude, on which the said allowances were charged, but in the Carnatic.

XCIV. That, from the declaration of the said Hastings himself, that it was the conviction of Mr. Bristow and Mr. Cowper that could alone oblige and compel him to acknowledge certain of his aforesaid practices, and that nothing but the necessity of self-defence could have induced Mr. Bristow to make public another and much stronger instance of the same, it is to be violently presumed, that, where these two, or either, or both necessities did not exist, many evil and oppressive practices of the said Hastings do remain undiscovered,—that, if it had not been for the contests between him, the said Hastings, and the Resident Bristow, not only the before-mentioned particulars, but the whole of the expensive civil establishments for English servants at Oude, would have been forever concealed from the Directors and from Parliament: and yet the said Hastings has had the audacity to pretend so complete an ignorance of the facts, that, representing the Vizier as objecting to the largeness of the payments made by Bristow, and stating a very reduced list, which he was willing to allow for, amounting to 30,000l. a year, the said Hastings did affect to be alarmed at the magnitude even of the list so curtailed, expressing himself as follows, in his minute of the 7th of December, 1784: "For my own part, when the Vizier's minister first informed me that the amount which his master had authorized, and was willing to admit, for the charges of the Residency, and the allowances of the gentlemen at Lucknow, was 25,000 rupees per month, I own I was startled at the magnitude of the sum, and was some days hesitating in my mind whether I could with propriety admit of it": whereas he well knew that the three sums alone of which the necessities aforesaid had compelled the discovery did greatly exceed that sum of which at the first hearing he affects to have been so exceedingly alarmed and thrown into a state of hesitation which continued for some days, and although he, the said Hastings, was conscious that he had at the very time authorized an establishment to more than four times the amount thereof.