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

"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, of her 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 diametrically opposite 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 large disbursement 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, and receiving 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.
    W

B. SUMNER.
    JOHN CARNAC.
    H. VERELST.
    FRA

SYKES."

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.

At a Consultation, 24th July, 1775.—"Shah Chanim, deceased, was sister to the Nabob Mahub ul Jung by the same father, but different mothers; she married Mir Mahomed Jaffier Khân, by whom she had a son and a daughter; the name of the former was Mir Mahomed Sadduc Ali Khân, and the latter was married to Mir Mahomed Cossim Khân Sadduc. Ali Khân had two sons and two daughters; the sons' names are Mir Sydoc and Mir Sobeem, who are now living; the daughters were married to Sultan Mirza Daood.

"Baboo Begum, the mother of the Nabob Mobarek ul Dowlah, was the daughter of Summin Ali Khân, and married Mir Mahomed Jaffier Khân. The history of Munny Begum is this. At a village called Balkonda, near Sekundra, there lived a widow, who, from her great poverty, not being able to bring up her daughter Munny, gave her to a slave girl belonging to Summin Ali Khân, whose name was Bissoo. During the space of five years she lived at Shahjehanabad, and was educated by Bissoo after the manner of a dancing-girl. Afterwards the Nabob Shamut Jung, upon the marriage of Ikram ul Dowlah, brother to the Nabob Surajah ul Dowlah, sent for Bissoo Beg's set of dancing-girls from Shahjehanabad, of which Munny Begum was one, and allowed them ten thousand rupees for their expenses, to dance at the wedding. While this ceremony was celebrating, they were kept by the Nabob; but some months afterwards he dismissed them, and they took up their residence in this city. Mir Mahomed Jaffier Khân then took them into keeping, and allowed Munny and her set five hundred rupees per month, till at length, finding that Munny was pregnant, he took her into his own house. She gave birth to the Nabob Nujim ul Dowlah, and in this manner she has remained in the Nabob's family ever since."

My Lords, I do not mean to detain you long upon this part of the business, but I have thought it necessary to advert to these particulars. As to all the rest, the honorable and able Manager who preceded me has sufficiently impressed upon your Lordships' minds the monstrous nature of the deposing of the Nabob's mother from the guardianship of her son, for the purpose of placing this woman there at the head of all his family and of his domestic concerns in the seraglio within doors, and at the head of the state without, together with the disposal of the whole of the revenue that was allowed him. Mr. Hastings pretends, indeed, to have appointed at the same time a trusty mutsuddy to keep the accounts of the revenue; but he has since declared that no account had been kept, and that it was in vain to desire it or to call for it. This is the state of the case with respect to the appointment of Munny Begum.

With regard to the reappointment of Mahomed Reza Khân, you have heard from my worthy fellow Manager that he was acquitted of the charges that had been brought against him by Mr. Hastings, after a long and lingering trial. The Company was perfectly satisfied with the acquittal, and declared that he was not only acquitted, but honorably acquitted; and they also declared that he had a fair claim to a compensation for his sufferings. They not only declared him innocent, but meritorious. They gave orders that he should be considered as a person who was to be placed in office again upon the first occasion, and that he had entitled himself to this favor by his conduct in the place which he had before filled.

The Council of the year 1775, (whom I can never mention nor shall mention without honor,) who complied faithfully with the act of Parliament, who never disobeyed the orders of the Company, and to whom no man has imputed even the shadow of corruption, found that this Munny Begum had acted in the manner which my honorable fellow Manager has stated: that she had dissipated the revenue, that she had neglected the education of the Nabob, and had thrown the whole judicature of the country into confusion. They ordered that she should be removed from her situation; that the Nabob's own mother should be placed at the head of the seraglio, a situation to which she was entitled; and with regard to the rest of the offices, that Mahomed Reza Khân should be employed to fill them.

Mr. Hastings resisted these propositions with all his might; but they were by that happy momentary majority carried against him, and Mahomed Reza Khân was placed in his former situation. But Mr. Hastings, though thus defeated, was only waiting for what he considered to be the fortunate moment for returning again to his corrupt, vicious, tyrannical, and disobedient habits. The reappointment of Mahomed Reza Khân had met with the fullest approbation of the Company; and they directed, that, as long as his good behavior entitled him to it, he should continue in the office. Mr. Hastings, however, without alleging any ill behavior, and for no reason that can be assigned, but his corrupt engagement with Munny Begum, overturned (upon the pretence of restoring the Nabob to his rights) the whole of the Company's arrangement, as settled by the late majority, and approved by the Court of Directors.

I have now to show you what sort of a man the Nabob was, who was thus set up in defiance of the Company's authority; what Mr. Hastings himself thought of him; what the judges thought of him; and what all the world thought of him.

I must first make your Lordships acquainted with a little preliminary matter. A man named Roy Rada Churn had been appointed vakeel, or agent, to manage the Nabob's affairs at Calcutta. One of this man's creditors attached him there. Roy Rada Churn pleaded his privilege as the vakeel or representative of a sovereign prince. The question came to be tried in the Supreme Court, and the issue was, Whether the Nabob was a sovereign prince or not. I think the court did exceedingly wrong in entertaining such a question; because, in my opinion, whether he was or was not a sovereign prince, any person representing him ought to be left free, and to have a proper and secure means of concerting his affairs with the Council. It was, however, taken otherwise; the question was brought to trial, whether the Nabob was a sovereign prince sufficient to appoint and protect a person to manage his affairs, under the name of an ambassador. In that cause did Mr. Hastings come forward to prove, by a voluntary affidavit, that he had no pretensions, no power, no authority at all,—that he was a mere pageant, a thing of straw,—and that the Company exercised every species of authority over him, in every particular, and in every respect; and that, therefore, to talk of him as an efficient person was an affront to the common sense of mankind: and this you will find the judges afterwards declared to be their opinion.

I will here press again one remark, which perhaps you may recollect that I have made before, that the chief and most usual mode in which all the villanies perpetrated in India, by Mr. Hastings and his co-partners in iniquity, has been through the medium and instrumentality of persons whom they pretended to have rights of their own, and to be acting for themselves; whereas such persons were, in fact, totally dependent upon him, Mr. Hastings, and did no one act that was not prescribed by him. In order, therefore, to let you see the utter falsehood, fraud, prevarication, and deceit of the pretences by which the native powers of India are represented to be independent, and are held up as the instruments of defying the laws of this kingdom, under pretext of their being absolute princes, I will read the affidavit of Warren Hastings, Esquire, Governor-General of Bengal, made the 31st July, 1775.

"This deponent maketh oath, and saith, That the late President and Council did, in or about the month of August, 1772, by their own authority appoint Munny Begum, relict of the late Nabob, Mir Jaffier Ali Khân, to be guardian to the present Nabob, Mobarek ul Dowlah, and Rajah Gourdas, son of Maha Rajah Nundcomar, to be dewan of the said Nabob's household, allowing to the said Munny Begum a salary of 140,000 rupees per annum, and to the said Rajah Gourdas, for himself and officers, a salary of 100,000 rupees per annum: That the said late President and Council did, in or about the month of August, 1772, plan and constitute regular and distinct courts of justice, civil and criminal, by their own authority, for administration of justice to the inhabitants throughout Bengal, without consulting the said Nabob or requiring his concurrence, and that the said civil courts were made solely dependent on the Presidency of Calcutta; and the said criminal courts were put under the inspection and control of the Company's servants, although ostensibly under the name of the Nazim, as appears from the following extracts from the plan for the administration of justice, constituted by the President and Council as aforesaid."

My Lords, we need not go through all the circumstances of this affidavit, which is in your minutes, and, to save time, I will refer your Lordships to them. This affidavit, as I have already said, was put into the court to prove that the Nabob had no power or authority at all; but what is very singular in it, and which I recommend to the particular notice of your Lordships, when you are scrutinizing this matter, is, that there is not a single point stated, to prove the nullity of this Nabob's authority, that was not Mr. Hastings's on particular act. Well, the Governor-General swears; the judge of the court refers to him in his decision; he builds and bottoms it upon the Governor-General's affidavit;—he swears, I say, that the Council, by their own authority, appointed Munny Begum to be guardian to the Nabob.

"By what authority," the Governor-General asks, "did the Council erect courts of law and superintend the administration of justice, without any communication with the Nabob? Had the Nabob himself any idea that he was a sovereign? Does he complain of the reduction of his stipend or the infringement of treaties? No; he appears to consider himself to be, what in fact he really is, absolutely dependent on the Company, and to be willing to accept any pittance they would allow him for his maintenance: he claims no rights. Does he complain that the administration of justice is taken into the hands of the Company? No: by the treaty, the protection of his subjects is delivered up to the Company; and he well knew, that, whoever may be held up as the ostensible prince, the administration of justice must be in the hands of those who have power to enforce it." He goes on,—"The Governor-General, who, I suppose, had a delicacy to state more than what had before been made public, closes his affidavit with saying that all he has deposed to he believes to be publicly known, as it is particularly set forth in the printed book entitled 'Reports of the Committee of the House of Commons.' I knew," he adds, "it was there, and was therefore surprised at this application; it is so notorious, that everybody in the settlement must have known it: when I say everybody, I mean with an exception to the gentlemen who have applied to the court. The only reason I can give for their applying is the little time they have been in the country." The judge (I think it is Chief-Justice Impey) then goes on,—"Perhaps this question might have been determined merely on the dates of the letters to the Governor-General; but as the Council have made the other a serious question, I should not have thought that I had done my duty, if I had not given a full and determinate opinion upon it: I should have been sorry, if I had left it doubtful whether the empty name of a Nabob should be thrust between a delinquent and the laws, so as effectually to protect him from the hand of justice."

My Lords, the court, as you see, bottoms its determination on what we stand upon here, Mr. Hastings's evidence, that the empty name of a pretended sovereign should not be thrust forth between a delinquent and justice.

What does Mr. Le Maistre, the other judge, say upon this occasion? "With regard to this phantom, that man of straw, Mobarek ul Dowlah, it is an insult on the understanding of the court to have made the question of his sovereignty. But as it came from the Governor-General and Council, I have too much respect for that body to treat it ludicrously, and I confess I cannot consider it seriously, and we always shall consider a letter of business from the Nabob the same as a letter from the Governor-General and Council."

This is the unanimous opinion of all the judges concerning the state and condition of the Nabob. We have thus established the point we mean to establish: that any use which shall be made of the Nabob's name for the purpose of justifying any disobedience to the orders of the Company, or of bringing forward corrupt and unfit persons for the government, could be considered as no other than the act of the persons who shall make such a use of it; and that no letter that the Nabob writes to any one in power was or could be considered as any other than the letter of that person himself. This we wish to impress upon your Lordships, because, as you have before seen the use that has been made in this way of the Nabob of Oude, you may judge of the use that has been made of the name of Hyder Beg Khân, and of the names of all the eminent persons of the country.

One word more and I have done. If, whilst you remark the use that is made of this man's name, your Lordships shall find that this use has ever been made of his name for his benefit, or for the purpose of giving him any useful or substantial authority, or of meliorating his condition in any way whatever; forgive the fraud, forgive the disobedience. But if we have shown your Lordships that it was for no other purpose than to disobey the orders of the Company, to trample upon the laws of his country, to introduce back again, and to force into power, those very corrupt and wicked instruments which had formerly done so much mischief, and for which mischief they were removed, then we shall not have passed our time in vain, in endeavoring to prove that this man, in the opinion of a court of justice, and by public notoriety, and by Mr. Hastings's own opinion, was held to be fit for nothing but to be made a tool in his hands.

Having stated to your Lordships generally the effects produced upon the Mahometan interest of Bengal by the misconduct of the prisoner at your bar with respect to the appointment of the guardian of the Nabob or Subahdar of that province, and of the ministers of his government, I shall have the honor of attending your Lordships another day, and shall show you the use that has been made of this government and of the authority of the Nabob, who, as your Lordships have seen, was the mere phantom of power; and I shall show how much a phantom he was for every good purpose, and how effectual an instrument he was made for every bad one.

EIGHTH DAY: SATURDAY, JUNE 14, 1794

My Lords,—Your Lordships heard, upon the last day of the meeting of this high court, the distribution of the several matters which I should have occasion to lay before you, and by which I resolved to guide myself in the examination of the conduct of Mr. Hastings with regard to Bengal. I stated that I should first show the manner in which he comported himself with regard to the people who were found in possession of the government when we first entered into Bengal. We have shown to your Lordships the progressive steps by which the native government was brought into a state of annihilation. We have stated the manner in which that government was solemnly declared by a court of justice to be depraved, and incompetent to act, and dead in law. We have shown to your Lordships (and we have referred you to the document) that its death was declared upon a certificate of the principal attending physician of the state, namely, Mr. Warren Hastings himself. This was declared in an affidavit made by him, wherein he has gone through all the powers of government, of which he had regularly despoiled the Nabob Mobarek ul Dowlah, part by part, exactly according to the ancient formula by which a degraded knight was despoiled of his knighthood: they took, I say, from him all the powers of government, article by article,—his helmet, his shield, his cuirass; at last they hacked off his spurs, and left him nothing. Mr. Hastings laid down all the premises, and left the judges to draw the conclusion.

Your Lordships will remark (for you will find it on your minutes) that the judges have declared this affidavit of Mr. Hastings to be a delicate affidavit. We have heard of affidavits that were true; we have heard of affidavits that were perjured; but this is the first instance that has come to our knowledge (and we receive it as a proof of Indian refinement) of a delicate affidavit. This affidavit of Mr. Hastings we shall show to your Lordships is not entitled to the description of a good affidavit, however it might be entitled, in the opinion of those judges, to the description of a delicate affidavit,—a phrase by which they appear to have meant that he had furnished all the proofs of the Nabob's deposition, but had delicately avoided to declare him expressly deposed. The judges drew, however, this indelicate conclusion; the conclusion they drew was founded upon the premises; it was very just and logical; for they declared that he was a mere cipher. They commended Mr. Hastings's delicacy, though they did not imitate it; but they pronounced sentence of deposition upon the said Nabob, and they declared that any letter or paper that was produced from him could not be considered as an act of government. So effectually was he removed by the judges out of the way, that no minority, no insanity, no physical circumstances, not even death itself, could put a man more completely out of sight. They declare that they would consider his letters in no other light than as the letters of the Company, represented by the Governor-General and Council. Thus, then, we find the Nabob legally dead.

We find next, that he was politically dead. Mr. Hastings, not satisfied with the affidavit he made in court, has thought proper upon record to inform the Company and the world of what he considered him to be civilly and politically.

Minute entered by the Governor-General.

"The Governor-General.—I object to this motion," (a motion relative to the trial above alluded to,) "because I do not apprehend that the declaration of the judges respecting the Nabob's sovereignty will involve this government in any difficulties with the French or other foreign nations." (Mark, my Lords, these political effects.) "How little the screen of the Nabob's name has hitherto availed will appear in the frequent and inconclusive correspondence which has been maintained with the foreign settlements, the French especially, since the Company have thought proper to stand forth in their real character in the exercise of the dewanny. From that period the government of these provinces has been wholly theirs; nor can all the subtleties and distinctions of political sophistry conceal the possession of power, where the exercise of it is openly practised and universally felt in its operation. In deference to the commands of the Company, we have generally endeavored, in all our correspondence with foreigners, to evade the direct avowal of our possessing the actual rule of the country,—employing the unapplied term government, for the power to which we exacted their submission; but I do not remember any instance, and I hope none will be found, of our having been so disingenuous as to disclaim our own power, or to affirm that the Nabob was the real sovereign of these provinces. In effect, I do not hesitate to say that I look upon this state of indecision to have been productive of all the embarrassments which we have experienced with the foreign settlements. None of them have ever owned any dominion but that of the British government in these provinces. Mr. Chevalier has repeatedly declared, that he will not acknowledge any other, but will look to that only for the support of the privileges possessed by his nation, and shall protest against that alone as responsible for any act of power by which their privileges may be violated or their property disturbed. The Dutch, the Danes, have severally applied to this government, as to the ruling power, for the grant of indulgences and the redress of their grievances. In our replies to all, we have constantly assumed the prerogatives of that character, but eluded the direct avowal of it; under the name of influence we have offered them protection, and we have granted them the indulgences of government under elusive expressions, sometimes applied to our treaties with the Nabobs, sometimes to our own rights as the dewan; sometimes openly declaring the virtual rule which we held of these provinces, we have contended with them for the rights of government, and threatened to repel with force the encroachments on it; we in one or two instances have actually put these threats into execution, by orders directly issued to the officers of government and enforced by detachments from our own military forces; the Nabob was never consulted, nor was the pretence ever made that his orders or concurrence were necessary: in a word, we have always allowed ourselves to be treated as principals, we have treated as principals, but we have contented ourselves with letting our actions insinuate the character which we effectually possessed, without asserting it.

"For my own part, I have ever considered the reserve which has been enjoined us in this respect as a consequence of the doubts which have long prevailed, and which are still suffered to subsist, respecting the rights of the British government and the Company to the property and dominion of these provinces, not as inferring a doubt with respect to any foreign power. It has, however, been productive of great inconveniences; it has prevented our acting with vigor in our disputes with the Dutch and French. The former refuse to this day the payment of the bahor peshcush, although the right is incontestably against them, and we have threatened to enforce it. Both nations refuse to be bound by our decrees, or to submit to our regulations; they refuse to submit to the payment of the duties on the foreign commerce but in their own way, which amounts almost to a total exemption; they refuse to submit to the duty of ten per cent which is levied upon foreign salt, by which, unless a stop can be put to it by a more decisive rule, they will draw the whole of that important trade into their own colonies; and even in the single instance in which they have allowed us to prescribe to them, namely, the embargo on grain, on the apprehension of a dearth, I am generally persuaded that they acquiesced from the secret design of taking advantage of the general suspension, by exporting grain clandestinely under cover of their colors, which they knew would screen them from the rigorous examination of our officers. We are precluded from forming many arrangements of general utility, because of the want of control over the European settlements; and a great part of the defects which subsist in the government and commercial state of the country are ultimately derived from this source. I have not the slightest suspicion that a more open and decided conduct would expose us to worse consequences from the European nations; on the contrary, we have the worst of the argument while we contend with them under false colors, while they know us under the disguise, and we have not the confidence to disown it. What we have done and may do under an assumed character is full as likely to involve us in a war with France, a nation not much influenced by logical weapons, (if such can be supposed to be the likely consequence of our own trifling disagreements with them,) as if we stood forth their avowed opponents. To conclude, instead of regretting, with Mr. Francis, the occasion which deprives us of so useless and hurtful a disguise, I should rather rejoice, were it really the case, and consider it as a crisis which freed the constitution of our government from one of its greatest defects."

Now, my Lords, the delicacy of the affidavit is no more; the great arcanum of the state is avowed: it is avowed that the government is ours,—that the Nabob is nothing. It is avowed to foreign nations; and the disguise which we have put on, Mr. Hastings states, in his opinion, to be hurtful to the affairs of the Company. Here we perceive the exact and the perfect agreement between his character as a delicate affidavit-maker in a court of justice and his indelicate declarations upon the records of the Company for the information of the whole world concerning the real arcanum of the Bengal government.

Now I cannot help praising his consistency upon this occasion, whether his policy was right or wrong. Hitherto we find the whole consistent, we find the affidavit perfectly supported. The inferences which delicacy at first prevented him from producing better recollection and more perfect policy made him here avow. In this state things continued. The Nabob, your Lordships see, is dead,—dead in law, dead in politics, dead in a court of justice, dead upon the records of the Company. Except in mere animal existence, it is all over with him.

I have now to state to your Lordships, that Mr. Hastings, who has the power of putting even to death in this way, possesses likewise the art of restoring to life. But what is the medicine that revives them? Your Lordships, I am sure, will be glad to know what nostrum, not hitherto pretended to by quacks in physic, by quacks in politics, nor by quacks in law, will serve to revive this man, to cover his dead bones with flesh, and to give him life, activity, and vigor. My Lords, I am about to tell you an instance of a recipe of such infallible efficacy as was never before discovered. His cure for all disorders is disobedience to the commands of his lawful superiors. When the orders of the Court of Directors are contrary to his own opinions, he forgets them all. Let the Court of Directors but declare in favor of his own system and his own positions, and that very moment, merely for the purpose of declaring his right of rebellion against the laws of his country, he counteracts them. Then these dead bones arise,—or, to use a language more suitable to the dignity of the thing, Bayes's men are all revived. "Are these men dead?" asks Mr. Bayes's friend. "No," says he, "they shall all get up and dance immediately." But in this ludicrous view of Mr. Hastings's conduct, your Lordships must not lose sight of its great importance. You cannot have in an abstract, as it were, any one thing that better develops the principles of the man, that more fully develops all the sources of his conduct, and of all the frauds and iniquities which he has committed, in order at one and the same time to evade his duty to the Court of Directors, that is to say, to the laws of his country, and to oppress, crush, rob, and ill-treat the people that are under him.

My Lords, you have had an account of the person who represented the Nabob's dignity, Mahomed Reza Khân; you have heard of the rank he bore, the sufferings that he went through, his trial and honorable acquittal, and the Company's order that the first opportunity should be taken to appoint him Naib Subah, or deputy of the Nabob, and more especially to represent him in the administering of justice. Your Lordships are also acquainted with what was done in consequence of those orders by the Council-General, in the restoration and reëstablishment of the executive power in this person,—not in the poor Nabob, a poor, helpless, ill-bred, ill-educated boy, but in the first Mussulman of the country, who had before exercised the office of Naib Subah, or deputy viceroy,—in order to give some degree of support to the expiring honor and justice of that country. The majority, namely, General Clavering, Colonel Monson, and Mr. Francis, whose names, as I have before said, will, for obedience to the Company, fidelity to the laws, honor to themselves, and a purity untouched and unimpeached, stand distinguished and honored, in spite of all the corrupt and barking virulence of India against them,—these men, I say, obeyed the Company: they had no secret or fraudulent connection with Mahomed Reza Khân; but they reinstated him in his office.

The moment that real death had carried away two of the most virtuous of this community, and that Mr. Hastings was thereby reëstablished in his power, he returned to his former state of rebellion to the Company, and of fraud and oppression upon the people. And here we come to the revivificating medicine. I forgot to tell your Lordships, that this Nabob, whose letters were declared by a court of law, with his own approbation, to be in effect letters of the Governor-General and Council, concludes a formal application transmitted to them, and dated 17th November, 1777, with a demand of the restoration of his rights. Mr. Hastings upon this enters the following minute:—

"The Nabob's demands are grounded upon positive rights, which will not admit of a discussion; he has an incontestable right to the management of his own household; he has an incontestable right to the nizamut."