The Works of the Right Honourable Edmund Burke, Vol. 08 (of 12)

VIII. That the said Warren Hastings was bound by the essential principles of natural justice to attend to the claim made by the Rajah to a fair and impartial trial and inquiry into the matter of accusation brought against him by the said Hastings, at a time and place which furnished all proper materials and the presence of all necessary witnesses; but the said Hastings, instead of instituting the said inquiry and granting trial, did receive an humble request for justice from a great prince as a fresh offence, and as a personal insult to himself, and did conceive a violent passion of anger and a strong resentment thereat, declaring that he did consider the said answer as not only unsatisfactory in substance, but offensive in style. "This answer you will perceive to be not only unsatisfactory in substance, but offensive in style, and less a vindication of himself than a recrimination on me. It expresses no concern for the causes of complaint contained in my letter, or desire to atone for them, nor the smallest intention to pursue a different line of conduct. An answer couched nearly in terms of defiance to requisitions of so serious a nature I could not but consider as a strong indication of that spirit of independency which the Rajah has for some years past assumed, and of which indeed I had early observed other manifest symptoms, both before and from the instant of my arrival." Which representation is altogether and in all parts thereof groundless and injurious; as the substance of the answer is a justification proper to be pleaded, and the style, if in anything exceptionable, it is in its extreme humility, resulting rather from an unmanly and abject spirit than from anything of an offensive liberty; but being received as disrespectful by the said Hastings, it abundantly indicates the tyrannical arrogance of the said Hastings, and the depression into which the natives are sunk under the British government.

IX. That the said Warren Hastings, pretending to have been much alarmed at the offensive language of the said Rajah's defence, and at certain appearances of independency which he had observed, not only on former occasions, but since his arrival at Benares, (where he had been but little more than one day,) and which appearances he never has specified in any one instance, did assert that he conceived himself indispensably obliged to adopt some decisive plan; and without any farther inquiry or consultation (which appears) with any person, did, at ten o'clock of the very night on which he received the before-mentioned full and satisfactory as well as submissive answer, send an order to the British Resident (then being a public minister representing the British government at the court of the said Rajah, and as such bound by the law of nations to respect the prince at whose court he was Resident, and not to attempt anything against his person or state, and who ought not, therefore, to have been chosen by the said Hastings, and compelled to serve in that business) that he should on the next morning arrest the said prince in his palace, and keep him in his custody until further orders; which said order being conceived in the most peremptory terms, the Rajah was put under arrest, with a guard of about thirty orderly sepoys, with their swords drawn; and the particulars thereof were reported to him as follows.

"HONORABLE SIR,—I this morning, in obedience to your orders of last night, proceeded with a few of my orderlies, accompanied by Lieutenant Stalker, to Shewalla Ghaut, the present residence of Rajah Cheyt Sing, and acquainted him it was your pleasure he should consider himself in arrest; that he should order his people to behave in a quiet and orderly manner, for that any attempt to rescue him would be attended with his own destruction. The Rajah submitted quietly to the arrest, and assured me, that, whatever were your orders, he was ready implicitly to obey; he hoped that you would allow him a subsistence, but as for his zemindary, his forts, and his treasure, he was ready to lay them at your feet, and his life, if required. He expressed himself much hurt at the ignominy which he affirmed must be the consequence of his confinement, and entreated me to return to you with the foregoing submission, hoping that you would make allowances for his youth and inexperience, and in consideration of his father's name release him from his confinement, as soon as he should prove the sincerity of his offers, and himself deserving of your compassion and forgiveness."

X. That a further order was given, that every servant of the Rajah's should be disarmed, and a certain number only left to attend him under a strict watch. In a quarter of an hour after this conversation, two companies of grenadier sepoys were sent to the Rajah's palace by the said Hastings; and the Rajah, being dismayed by this unexpected and unprovoked treatment, wrote two short letters or petitions to the said Hastings, under the greatest apparent dejection at the outrage and dishonor he had suffered in the eyes of his subjects, (all imprisonment of persons of rank being held in that country as a mark of indelible infamy, and he also, in all probability, considering his imprisonment as a prelude to the taking away his life,) and in the first of the said petitions he did express himself in this manner: "Whatever may be your pleasure, do it with your own hands; I am your slave. What occasion can there be for a guard?" And in the other: "My honor was bestowed upon me by your Highness. It depends on you alone to take away or not to take away the country out of my hands. In case my honor is not left to me, how shall I be equal to the business of the government? Whoever, with his hands in a supplicating posture, is ready with his life and property, what necessity can there be for him to be dealt with in this way?"

XI. That, according to the said Hastings's narrative of this transaction, he, the said Hastings, on account of the apparent despondency in which these letters were written, "thought it necessary to give him some encouragement," and therefore wrote him a note of a few lines, carelessly and haughtily expressed, and little calculated to relieve him from his uneasiness, promising to send to him a person to explain particulars, and desiring him "to set his mind at rest, and not to conceive any terror or apprehension." To which an answer of great humility and dejection was received.

XII. That the report of the Rajah's arrest did cause a great alarm in the city, in the suburbs of which the Rajah's palace is situated, and in the adjacent country. The people were filled with dismay and anger at the outrage and indignity offered to a prince under whose government they enjoyed much ease and happiness. Under these circumstances the Rajah desired leave to perform his ablutions; which was refused, unless he sent for water, and performed that ceremony on the spot. This he did. And soon after some of the people, who now began to surround the palace in considerable numbers, attempting to force their way into the palace, a British officer, commanding the guard upon the Rajah, struck one of them with his sword. The people grew more and more irritated; but a message being sent from the Rajah to appease them, they continued, on this interposition, for a while quiet. Then the Rajah retired to a sort of stone pavilion, or bastion, to perform his devotions, the guard of sepoys attending him in this act of religion. In the mean time a person of the meanest station, called a chubdar, at best answering to our common beadle or tipstaff, was sent with a message (of what nature does not appear) from Mr. Hastings, or the Resident, to the prince under arrest: and this base person, without regard to the rank of the prisoner, or to his then occupation, addressed him in a rude, boisterous manner, "passionately and insultingly," (as the said Rajah has without contradiction asserted,) "and, reviling him with a loud voice, gave both him and his people the vilest abuse"; and the manner and matter being observable and audible to the multitude, divided only by an open stone lattice from the scene within, a firing commenced from without the palace; on which the Rajah again interposed, and did what in him lay to suppress the tumult, until, an English officer striking him with a sword, and wounding him on the hand, the people no longer kept any measures, but broke through the inclosure of the palace. The insolent tipstaff was first cut down, and the multitude falling upon the sepoys and the English officers, the whole, or nearly the whole, were cut to pieces: the soldiers having been ordered to that service without any charges for their pieces. And in this tumult, the Rajah, being justly fearful of falling into the hands of the said Hastings, did make his escape over the walls of his palace, by means of a rope formed of his turban tied together, into a boat upon the river, and from thence into a place of security; abandoning many of his family to the discretion of the said Hastings, who did cause the said palace to be occupied by a company of soldiers after the flight of the Rajah.

XIII. That the Rajah, as soon as he had arrived at a place of refuge, did, on the very day of his flight, send a suppliant letter to the said Hastings, filled with expressions of concern (affirmed by the said Hastings to be slight expressions) for what had happened, and professions (said by the said Hastings to be indefinite and unapplied) of fidelity: but the said Warren Hastings, though bound by his duty to hear the said Rajah, and to prevent extremities, if possible, being filled with insolence and malice, did not think it "becoming of him to make any reply to it; and that he thought he ordered the bearer of the letter to be told that it required none."

XIV. That this letter of submission having been received, the said Rajah, not discouraged or provoked from using every attempt towards peace and reconciliation, did again apply, on the very morning following, to Richard Johnson, Esquire, for his interposition, but to no purpose; and did likewise, with as little effect, send a message to Cantoo Baboo, native steward and confidential agent of the said Hastings, which was afterwards reduced into writing, "to exculpate himself from any concern in what had passed, and to profess his obedience to his will [Hastings's] in whatever way he should dictate." But the said Hastings, for several false and contradictory reasons by him assigned, did not take any advantage of the said opening, attributing the same to artifice in order to gain time; but instead of accepting the said submissions, he did resolve upon flight from the city of Benares, and did suddenly fly therefrom in great confusion.

XV. That the said Hastings did persevere in his resolutions not to listen to any submission or offer of accommodation whatsoever, though several were afterwards made through almost every person who might be supposed to have influence with him, but did cause the Rajah's troops to be attacked and fallen upon, though they only acted on the defensive, (as the Rajah has without contradiction asserted,) and thereby, and by his preceding refusal of propositions of the same nature, and by other his perfidious, unjust, and tyrannical acts by him perpetrated and done, and by his total improvidence in not taking any one rational security whatsoever against the inevitable consequences of those acts, did make himself guilty of all the mutual slaughter and devastation which ensued, as well as, in his opinion, of the imminent danger of the total subversion of the British power in India by the risk of his own person, which he asserts that it did run,—as also "that it ought not to be thought that he attributed too much consequence to his personal safety, when he supposed the fate of the British empire in India connected with it, and that, mean as its substance may be, its accidental qualities were equivalent to those which, like the characters of a talisman in the Arabian mythology, formed the essence of the state itself, representation, title, and the estimate of the public opinion; that, had he fallen, such a stroke would be universally considered as decisive of the national fate; every state round it would have started into arms against it, and every subject of its own dominion would, according to their several abilities, have become its enemy": and that he knew and has declared, that, though the said stroke was not struck, that great convulsions did actually ensue from his proceedings, "that half the province of Oude was in a state of as complete rebellion as that of Benares," and that invasions, tumults, and insurrections were occasioned thereby in various other parts.

XVI. That the said Warren Hastings, after he had collected his forces from all parts, did, with little difficulty or bloodshed, subsequent to that time, on the part of his troops, and in a few days, entirely reduce the said province of Benares; and did, after the said short and little resisted hostility, in cold blood, issue an order for burning a certain town, in which he accused the people at large of having killed, "upon what provocation he knows not," certain wounded sepoys, who were prisoners: which order, being generally given, when it was his duty to have made some inquiry concerning the particular offenders, but which he did never make, or cause to be made, was cruel, inhuman, and tended to the destruction of the revenues of the Company; and that this, and other acts of devastation, did cause the loss of two months of the collections.

XVII. That the said Warren Hastings did not only refuse the submissions of the said Rajah, which were frequently repeated through various persons after he had left Benares, and even after the defeat of certain of the Company's forces, but did proscribe and except him from the pardons which he issued after he had satisfied his vengeance on the province of Benares.

XVIII. That the said Warren Hastings did send to a certain castle, called Bidzigur, the residence of a person of high rank, called Panna, the mother of the Rajah of Benares, with whom his wife, a woman described by the said Hastings "to be of an amiable character," and all the other women of the Rajah's family, and the survivors of the family of his father, Bulwant Sing, did then reside, a body of troops to dispossess them of her said residence, and to seize upon her money and effects, although she did not stand, even by himself, accused of any offence whatsoever,—pretending, but not proving, and not attempting to prove, then nor since, that the treasures therein contained were the property of the Rajah, and not her own; and did, in order to stimulate the British soldiery to rapine and outrage, issue to them several barbarous orders, contrary to the practice of civilized nations, relative to their property, movable and immovable, attended with unworthy and unbecoming menaces, highly offensive to the manners of the East and the particular respect there paid to the female sex,—which letters and orders, as well as the letters which he had received from the officers concerned, the said Hastings did unlawfully suppress, until forced by the disputes between him and the said officers to discover the same: and the said orders are as follow.

"I am this instant favored with yours of yesterday. Mine of the same date [22d October, 1781] has before this time acquainted you with my resolutions and sentiments respecting the Rannee [the mother of the Rajah Cheyt Sing]. I think every demand she has made to you, except that of safety and respect for her person, is unreasonable. If the reports brought to me are true, your rejecting her offers, or any negotiations with her, would soon obtain you possession of the fort upon your own terms. I apprehend that she will contrive to defraud the captors of a considerable part of the booty by being suffered to retire without examination. But this is your consideration, and not mine. I should be very sorry that your officers and soldiers lost ANY PART of the reward to which they are so well entitled; but I cannot make any objection, as you must be the best judge of the expediency of the promised indulgence to the Rannee. What you have engaged for I will certainly ratify; but as to permitting the Rannee to hold the purgunnah of Hurluk, or any other in the zemindary, without being subject to the authority of the zemindar, or any lands whatever, or indeed making any conditions with her for a provision, I will never consent to it." And in another letter to the same person, dated Benares, 3d of November, 1781, in which he, the said Hastings, consents that the said woman of distinction should be allowed to evacuate the place and to receive protection, he did express himself as follows. "I am willing to grant her now the same conditions to which I at first consented, provided that she delivers into your possession, within twenty-four hours from the time of receiving your message, the fort of Bidzigur, with the treasure and effects lodged therein by Cheyt Sing or any of his adherents, with the reserve only, as above mentioned, of such articles as you shall think necessary to her sex and condition, or as you shall be disposed of yourself to indulge her with. If she complies, as I expect she will, it will be your part to secure the fort and the property it contains for the benefit of yourself and detachment. I have only further to request that you will grant an escort, if Panna should require it, to conduct her here, or wherever she may choose to retire to. But should she refuse to execute the promise she has made, or delay it beyond the term of twenty-four hours, it is my positive injunction that you immediately put a stop to any further intercourse or negotiation with her, and on no pretext renew it. If she disappoints or trifles with me, after I have subjected my duan to the disgrace of returning ineffectually, and of course myself to discredit, I shall consider it as a wanton affront and indignity which I can never forgive, nor will I grant her any conditions whatever, but leave her exposed to those dangers which she has chosen to risk rather than trust to the clemency and generosity of our government. I think she cannot be ignorant of these consequences, and will not venture to incur them; and it is for this reason I place a dependence on her offers, and have consented to send my duan to her."

XIX. That the castle aforesaid being surrendered upon terms of safety, and on express condition of not attempting to search their persons, the woman of rank aforesaid, her female relations and female dependants, to the number of three hundred, besides children, evacuated the said castle; but the spirit of rapacity being excited by the letters and other proceedings of the said Hastings, the capitulation was shamefully and outrageously broken, and, in despite of the endeavors of the commanding officer, the said woman of high condition, and her female dependants, friends, and servants, were plundered of the effects they carried with them, and which were reserved to them in the capitulation of their fortress, and in their persons were otherwise rudely and inhumanly dealt with by the licentious followers of the camp: for which outrages, represented to the said Hastings with great concern by the commanding officer, Major Popham, he, the said Hastings, did afterwards recommend a late and fruitless redress.

XX. That the Governor-General, Warren Hastings, in exciting the hopes of the military by declaring them well entitled to the plunder of the fortress aforesaid, the residence of the mother and other women of the Rajah of Benares, and by wishing the troops to secure the same for their own benefit, did advise and act in direct contradiction to the orders of the Court of Directors, and to his own opinion of his public duty, as well as to the truth and reality thereof,—he having some years before entered in writing the declaration which follows.

"The very idea of prize-money suggests to my remembrance the former disorders which arose in our army from this source, and had almost proved fatal to it. Of this circumstance you must be sufficiently apprised, and of the necessity for discouraging every expectation of this kind amongst the troops. It is to be avoided like poison. The bad effects of a similar measure were but too plainly felt in a former period, and our honorable masters did not fail on that occasion to reprobate with their censure, in the most severe terms, a practice which they regarded as the source of infinite evils, and which, if established, would in their judgment necessarily bring corruption and ruin on their army."

XXI. That the said Hastings, after he had given the license aforesaid, and that in consequence thereof the booty found in the castle, to the amount of 23,27,813 current rupees, was distributed among the soldiers employed in its reduction, the said Hastings did retract his declaration of right, and his permission to the soldiers to appropriate to themselves the plunder, and endeavored, by various devices and artifices, to explain the same away, and to recover the spoil aforesaid for the use of the Company; and wholly failing in his attempts to resume by a breach of faith with the soldiers what he had unlawfully disposed of by a breach of duty to his constituents, he attempted to obtain the same as a loan, in which attempt he also failed; and the aforesaid money being the only part of the treasures belonging to the Rajah, or any of his family, that had been found, he was altogether frustrated in the acquisition of every part of that dishonorable object which alone he pretended to, and pursued through a long series of acts of injustice, inhumanity, oppression, violence, and bloodshed, at the hazard of his person and reputation, and, in his own opinion, at the risk of the total subversion of the British empire.

XXI. That the said Warren Hastings, after the commission of the offences aforesaid, being well aware that he should be called to an account for the same, did, by the evil counsel and agency of Sir Elijah Impey, Knight, his Majesty's chief-justice, who was then out of the limits of his jurisdiction, cause to be taken at Benares, before or by the said Sir Elijah Impey, and through the intervention, not of the Company's interpreter, but of a certain private interpreter of his, the said Hastings's, own appointment, and a dependant on him, called Major Davy, several declarations and depositions by natives of Hindostan,—and did also cause to be taken before the said Sir Elijah Impey several attestations in English, made by British subjects, and which were afterwards transmitted to Calcutta, and laid before the Council-General,—some of which depositions were upon oath, some upon honor, and others neither upon oath nor honor, but all or most of which were of an irregular and irrelevant nature, and not fit or decent to be taken by a British magistrate, or to be transmitted to a British government.

XXIII. That one of the said attestations (but not on oath) was made by a principal minister of the Nabob of Oude, to whom the said Hastings had some time before proposed to sell the sovereignty of that very territory of Benares; and that one other attestation (not upon oath) was made by a native woman of distinction, whose son he, the said Hastings, did actually promote to the government of Benares, vacated by the unjust expulsion of the Rajah aforesaid, and who in her deposition did declare that she considered the expelled Rajah as her enemy, and that he never did confer with her, or suffer her to be acquainted with any of his designs.

XXIV. That, besides the depositions of persons interested in the ruin of the Rajah, others were made by persons who then received pensions from him, the said Hastings; and several of the affidavits were made by persons of mean condition, and so wholly illiterate as not to be able to write their names.

XXV. That he, the said Hastings, did also cause to be examined by various proofs and essays, the result of which was delivered in upon honor, the quality of certain military stores taken by the British troops from the said Rajah of Benares; and upon the report that the same were of a good quality, and executed by persons conversant in the making of good military stores, although the cannon was stated by the same authority to be bad, he, the said Warren Hastings, from the report aforesaid, did maliciously, and contrary to the principles of natural and legal reason, infer that the insurrection which had been raised by his own violence and oppression, and rendered for a time successful by his own improvidence, was the consequence of a premeditated design to overturn the British empire in India, and to exterminate therefrom the British nation; which design, if it had been true, the said Hastings might have known, or rationally conjectured, and ought to have provided against. And if the said Hastings had received any credible information of such design, it was his duty to lay the same before the Council Board, and to state the same to the Rajah, when he was in a condition to have given an answer thereto or to observe thereon, and not, after he had proscribed and driven him from his dominions, to have inquired into offences to justify the previous infliction of punishment.

XXVI. That it does not appear, that, in taking the said depositions, there was any person present on the part of the Rajah to object to the competence or credibility or relevancy of any of the said affidavits or other attestations, or to account, otherwise than as the said deponents did account, for any of the facts therein stated; nor were any copies thereof sent to the said Rajah, although the Company had a minister at the place of his residence, namely, in the camp of the Mahratta chief Sindia, so as to enable him to transmit to the Company any matters which might induce or enable them to do justice to the injured prince aforesaid. And it does not appear that the said Hastings has ever produced any witness, letter, or other document, tending to prove that the said Rajah ever did carry on any hostile negotiation whatever with any of those powers with whom he was charged with a conspiracy against the Company, previous to the period of the said Hastings's having arrested him in his palace, although he, the said Hastings, had various agents at the courts of all those princes,—and that a late principal agent and near relation of a minister of one them, the Rajah of Berar, called Benaram Pundit, was, at the time of the tumult at Benares, actually with the said Hastings, and the said Benaram Pundit was by him highly applauded for his zeal and fidelity, and was therefore by him rewarded with a large pension on those very revenues which he had taken from the Rajah Cheyt Sing, and if such a conspiracy had previously existed, the Mahratta minister aforesaid must have known, and would have attested it.

XXVII. That it appears that the said Warren Hastings, at the time that he formed his design of seizing upon the treasures of the Rajah of Benares, and of deposing him, did not believe him guilty of that premeditated project for driving the English out of India with which he afterwards thought fit to charge him, or that he was really guilty of any other great offence: because he has caused it to be deposed, that, if the said Rajah should pay the sum of money by him exacted, "he would settle his zemindary upon him on the most eligible footing"; whereas, if he had conceived him to have entertained traitorous designs against the Company, from whom he held his tributary estate, or had been otherwise guilty of such enormous offences as to make it necessary to take extraordinary methods for coercing him, it would not have been proper for him to settle upon such a traitor and criminal the zemindary of Benares, or any other territory, upon the most eligible, or upon any other footing whatever: whereby the said Hastings has by his own stating demonstrated that the money intended to have been exacted was not as a punishment for crimes, but that the crimes were pretended for the purpose of exacting money.

XXVIII. That the said Warren Hastings, in order to justify the acts of violence aforesaid to the Court of Directors, did assert certain false facts, known by him to be such, and did draw from them certain false and dangerous inferences, utterly subversive of the rights of the princes and subjects dependent on the British nation in India, contrary to the principles of all just government, and highly dishonorable to that of Great Britain: namely, that the "Rajah of Benares was not a vassal or tributary prince, and that the deeds which passed between him and the board, upon the transfer of the zemindary in 1775, were not to be understood to bear the quality and force of a treaty upon optional conditions between equal states; that the payments to be made by him were not a tribute, but a rent; and that the instruments by which his territories were conveyed to him did not differ from common grants to zemindars who were merely subjects; but that, being nothing more than a common zemindar and mere subject, and the Company holding the acknowledged rights of his former sovereign, held an absolute authority over him; that, in the known relations of zemindar to the sovereign authority, or power delegated by it, he owed a personal allegiance and an implicit and unreserved obedience to that authority, at the forfeiture of his zemindary, and even of his life and property." Whereas the said Hastings did well know, that, whether the payments from the Rajah were called rent or tribute, having been frequently by himself called the one and the other, and that of whatever nature the instruments by which he held might have been, he did not consider him as a common zemindar or landholder, but as far independent as a tributary prince could be: for he did assign as a reason for receiving his rent rather within the Company's province than in his own capital, that it would not "frustrate the intention of rendering the Rajah independent; that, if a Resident was appointed to receive the money as it became due at Benares, such a Resident would unavoidably acquire an influence over the Rajah, and over his country, which would in effect render him the master of both; that this consequence might not, perhaps, be brought completely to pass without a struggle, and many appeals to the Council, which, in a government constituted like this, cannot fail to terminate against the Rajah, and, by the construction to which his opposition to the agent would be liable, might eventually draw on him severe restrictions, and end in reducing him to the mean and depraved state of a zemindar."

XXIX. And the said Hastings, in the said Minute of Consultation, having enumerated the frauds, embezzlements, and oppressions which would ensue from the Rajah's being in the dependent state aforesaid, and having obviated all apprehensions from giving to him the implied symbols of dominion, did assert, "that, without such appearance, he would expect from every change of government additional demands to be made upon him, and would of course descend to all the arts of intrigue and concealment practised by other dependent Rajahs, which would keep him indigent and weak, and eventually prove hurtful to the Company; but that, by proper encouragement and protection, he might prove a profitable dependant, an useful barrier, and even a powerful ally to the Company; but that he would be neither, if the conditions of his connection with the Company were left open to future variations."

XXX. That, if the fact had been true that the Rajah of Benares was merely an eminent landholder or any other subject, the wicked and dangerous doctrine aforesaid, namely, that he owed a personal allegiance and an implicit and unreserved obedience to the sovereign authority, at the forfeiture of his zemindary, and even of his life and property, at the discretion of those who held or fully represented the sovereign authority, doth leave security neither for life nor property to any persons residing under the Company's protection; and that no such powers, nor any powers of that nature, had been delegated to the said Warren Hastings by any provisions of the act of Parliament appointing a Governor-General and Council at Fort William in Bengal.

XXXI. That the said Warren Hastings did also advance another dangerous and pernicious principle in justification of his violent, arbitrary, and iniquitous actings aforesaid: namely, "that, if he had acted with an unwarrantable rigor, and even injustice, towards Cheyt Sing, yet, first, if he did believe that extraordinary means were necessary, and those exerted with a strong hand, to preserve the Company's interests from sinking under the accumulated weight that oppressed them, or, secondly, if he saw a political necessity for curbing the overgrown power of a great member of their dominion, and to make it contribute to the relief of their pressing exigencies, that his error would be excusable, as prompted by an excess of zeal for their [the Company's] interest, operating with too strong a bias on his judgment; but that much stronger is the presumption, that such acts are founded on just principles than that they are the result of a misguided judgment." That the said doctrines are, in both the members thereof, subversive of all the principles of just government, by empowering a governor with delegated authority, in the first case, on his own private belief concerning the necessities of the state, not to levy an impartial and equal rate of taxation suitable to the circumstances of the several members of the community, but to select any individual from the same as an object of arbitrary and unmeasured imposition,—and, in the second case, enabling the same governor, on the same arbitrary principles, to determine whose property should be considered as overgrown, and to reduce the same at his pleasure.

PART IV.

SECOND REVOLUTION IN BENARES

That the said Warren Hastings, after he had, in the manner aforesaid, unjustly and violently expelled the Rajah Cheyt Sing, the lord or zemindar of Benares, from his said lordship or zemindary, did, of his own mere usurped authority, and without any communication with the other members of the Council of Calcutta, appoint another person, of the name of Mehip Narrain, a descendant by the mother from the late Rajah, Bulwant Sing, to the government of Benares; and on account or pretence of his youth and inexperience (the said Mehip Narrain not being above twenty years old) did appoint his father, Durbege Sing, to act as his representative or administrator of his affairs; but did give a controlling authority to the British Resident over both, notwithstanding his declarations before mentioned of the mischiefs likely to happen to the said country from the establishment of a Resident, and his opinion since declared in a letter to the Court of Directors, dated from this very place (Benares) the 1st of October, 1784, to the same or stronger effect, in case "agents are sent into the country, and armed with authority for the purposes of vengeance and corruption,—for to no other will they be applied."

That the said Warren Hastings did, by the same usurped authority, entirely set aside all the agreements made between the late Rajah and the Company (which were real agreements with the state of Benares, in the person of the lord or prince thereof, and his heirs); and without any form of trial, inquisition, or other legal process, for forfeiture of the privileges of the people to be governed by magistrates of their own, and according to their natural laws, customs, and usages, did, contrary to the said agreement, separate the mint and the criminal justice from the said government, and did vest the mint in the British Resident, and the criminal justice in a Mahomedan native of his own appointment; and did enhance the tribute to be paid from the province, from two hundred and fifty thousand pounds annually, limited by treaty, or thereabouts, to three hundred and thirty thousand pounds for the first year, and to four hundred thousand for every year after; and did compel the administrator aforesaid (father to the Rajah) to agree to the same; and did, by the same usurped authority, illegally impose, and cause to be levied, sundry injudicious and oppressive duties on goods and merchandise, which did greatly impair the trade of the province, and threaten the utter ruin thereof; and did charge several pensions on the said revenues, of his own mere authority; and did send and keep up various bodies of the Company's troops in the said country; and did perform sundry other acts with regard to the said territory, in total subversion of the rights of the sovereign and the people, and in violation of the treaties and agreements aforesaid.

That the said Warren Hastings, being absent, on account of ill health, from the Presidency of Calcutta, at a place called Nia Serai, about forty miles distant therefrom, did carry on a secret correspondence with the Resident at Benares, and, under color that the instalments for the new rent or tribute were in arrear, did of his own authority make, in about one year, a second revolution in the government of the territory aforesaid, and did order and direct that Durbege Sing aforesaid, father of the Rajah, and administrator of his authority, should be deprived of his office and of his lands, and thrown into prison, and did threaten him with death: although he, the said Warren Hastings, had, at the time of the making his new arrangement, declared himself sensible that the rent aforesaid might require abatement; although he was well apprised that the administrator had been for two months of his administration in a weak and languid state of body, and wholly incapable of attending to the business of the collections; though a considerable drought had prevailed in the said province, and did consequently affect the regularity and produce of the collections; and though he had other sufficient reason to believe that the said administrator had not himself received from the collectors of government and the cultivators of the soil the rent in arrear: yet he, the said Warren Hastings, without any known process, or recording any answer, defence, plea, exculpation, or apology from the party, or recording any other grounds of rigor against him, except the following paragraph of a letter from the Resident, not only gave the order as aforesaid, but did afterwards, without laying any other or better ground before the Council-General, persuade them to, and did procure from them, a confirmation of the aforesaid cruel and illegal proceedings, the correspondence concerning which had not been before communicated: he pleading his illness for not communicating the same, though that illness did not prevent him from carrying on correspondence concerning the deposition of the said administrator, and other important affairs in various places.

That in the letter to the Council requiring the confirmation of his acts aforesaid the said Warren Hastings did not only propose the confinement of the said administrator at Benares, although by his imprisonment he must have been in a great measure disabled from recovering the balances due to him, and for the non-payment of which he was thus imprisoned, but did propose, as an alternative, his imprisonment at a remote fortress, out of the said territory, and in the Company's provinces, called Chunar: desiring them to direct the Resident at Benares "to exact from Baboo Durbege Sing every rupee of the collections which it shall appear that he has made and not brought to account, and either to confine him at Benares, or to send him a prisoner to Chunar, and to keep him in confinement until he shall have discharged the whole of the amount due from him." And the said Warren Hastings did assign motives of passion and personal resentment for the said unjust and rigorous proceedings, as follows: "I feel myself, and may be allowed on such an occasion to acknowledge it, personally hurt at the ingratitude of this man, and at the discredit which his ill conduct has thrown on my appointment of him. He has deceived me; he has offended against the government which I then represented." And as a further reason for depriving him of his jaghire, (or salary out of land,) he did insinuate in the said letter, but without giving or offering any proof, "that the said Rajah had been guilty of little and mean peculations, although the appointments assigned to him had been sufficient to free him from the temptations thereto."

That it appears, as it might naturally have been expected, that the wife of the said administrator, the daughter of Bulwant Sing, the late Rajah of Benares, and her son, the reigning Rajah, did oppose to the best of their power, but by what remonstrances or upon what plea the said Warren Hastings did never inform the Court of Directors, the deposition, imprisonment, and confiscation of the estates of the husband of the one and the father of the other; but that the said Hastings, persisting in his malice, did declare to the said Council as follows: "The opposition made by the Rajah and the old Rannee, both equally incapable of judging for themselves, does certainly originate from some secret influence, which ought to be checked by a decided and peremptory declaration of the authority of the board, and a denunciation of their displeasure at their presumption."

That the said Warren Hastings, not satisfied with the injuries done and the insults and disgraces offered to the family aforesaid, did, in a manner unparalleled, except by an act of his own on another occasion, fraudulently and inhumanly endeavor to make the wife and son of the said administrator, contrary to the sentiments and the law of Nature, the instruments of his oppressions: directing, "that, if they" (the mother and son aforesaid) "could be induced to yield the appearance of a cheerful acquiescence in the new arrangement, and to adopt it as a measure formed with their participation, it would be better than that it should be done by a declared act of compulsion; but that at all events it ought to be done."

That, in consequence of the pressing declarations aforesaid, the said Warren Hastings did on his special recommendation appoint, in opposition to the wishes and desires of the Rajah and his mother, another person to the administration of his affairs, called Jagher Deo Seo.

That, the Company having sent express orders for the sending the Resident by them before appointed to Benares, the said Warren Hastings did strongly oppose himself to the same, and did throw upon the person appointed by the Company (Francis Fowke, Esquire) several strong, but unspecified, reflections and aspersions, contrary to the duty he owed to the Company, and to the justice he owed to all its servants.

That the said Resident, being appointed by the votes of the rest of the Council, in obedience to the reiterated orders of the Company, and in despite of the opposition of the said Hastings, did proceed to Benares, and, on the representation of the parties, and the submission of the accounts of the aforesaid Durbege Sing to an arbitrator, did find him, the said Durbege Sing, in debt to the Company for a sum not considerable enough to justify the severe treatment of the said Durbege Sing: his wife and son complaining, at or about the same time, that the balances due to him from the aumils, or sub-collectors, had been received by the new administrator, and carried to his own credit, in prejudice and wrong to the said Durbege Sing; which representation, the only one that has been transmitted on the part of the said sufferers, has not been contradicted.

That it appears that the said Durbege Sing did afterwards go to Calcutta for the redress of his grievances, and that it does not appear that the same were redressed, or even his complaints heard, but he received two peremptory orders from the Supreme Council to leave the said city and to return to Benares; that, on his return to Benares, and being there met by Warren Hastings aforesaid, he, the said Warren Hastings, although he had reason to be well assured that the said Durbege Sing was in possession of small or no substance, did again cruelly and inhumanly, and without any legal authority, order the said Durbege Sing to be strictly imprisoned; and the said Durbege Sing, in consequence of the vexations, hardships, and oppressions aforesaid, died in a short time after, insolvent, but whether in prison or not does not appear.

PART V.

THIRD REVOLUTION IN BENARES

That the said Warren Hastings, having, in the manner before recited, divested Durbege Sing of the administration of the province of Benares, did, of his own arbitrary will and pleasure, and against the remonstrances of the Rajah and his mother, (in whose name and in whose right the said Durbege Sing, father of the one, and husband of the other, had administered the affairs of the government,) appoint a person called Jagher Deo Seo to administer the same.

That the new administrator, warned by the severe example made of his predecessor, is represented by the said Warren Hastings as having made it his "avowed principle" (as it might be expected it should be) "that the sum fixed for the revenue must be collected." And he did, upon the principle aforesaid, and by the means suggested by a principle of that sort, accordingly levy from the country, and did regularly discharge to the British Resident at Benares, by monthly payments, the sums imposed by the said Warren Hastings, as it is asserted by the Resident, Fowke; but the said Warren Hastings did assert that his annual collections did not amount to more than Lac 37,37,600, or thereabouts, which he says is much short of the revenues of the province, and is by about twenty-four thousand pounds short of his agreement.

That it further appears, that, notwithstanding the new administrator aforesaid was appointed two months, or thereabouts, after the beginning of the Fusseli year, that is to say, about the middle of November, 1782, and the former administrator had collected a certain portion of the revenues of that year, amounting to 17,000l. and upwards, yet he, the said new administrator, upon the unjust and destructive principle aforesaid, suggested by the cruel and violent proceedings of the said Warren Hastings towards his predecessor, did levy on the province, within the said year, the whole amount of the revenues to be collected, in addition to the sum collected by his predecessor aforesaid.

That, on account of a great drought which prevailed in the province aforesaid, a remission of certain duties in grain was proposed by the chief criminal judge at Benares; but the administrator aforesaid, being fearful that the revenue should fall short in his hands, did strenuously oppose himself to the necessary relief to the inhabitants of the said city.

That, notwithstanding the cantonment of several bodies of the Company's troops within the province, since the abolition of the native government, it became subject in a particular manner to the depredations of the Rajahs upon the borders; insomuch that in one quarter no fewer than thirty villages had been sacked and burned, and the inhabitants reduced to the most extreme distress.

That the Resident, in his letter to the board at Calcutta, did represent that the collection of the revenue was become very difficult, and, besides the extreme drought, did assign for a cause of that difficulty the following. "That there is also one fund which in former years was often applied in this country to remedy temporary inconveniences in the revenue, and which in the present year does not exist. This was the private fortunes of merchants and shroffs [bankers] resident in Benares, from whom aumils [collectors] of credit could obtain temporary loans to satisfy the immediate calls of the Rajah. These sums, which used to circulate between the aumil and the merchant, have been turned into a different channel, by bills of exchange to defray the expenses of government, both on the west coast of India, and also at Madras." To which representation it does not appear that any answer was given, or that any mode of redress was adopted in consequence thereof.

That the said Warren Hastings, having passed through the province of Benares (Gazipore) in his progress towards Oude, did, in a letter dated from the city of Lucknow, the 2d of April, 1784, give to the Council Board at Calcutta an account, highly dishonorable to the British government, of the effect of the arrangements made by himself in the years 1781 and 1782, in the words following. "Having contrived, by making forced stages, while the troops of my escort marched at the ordinary rate, to make a stay of five days at Benares, I was thereby furnished with the means of acquiring some knowledge of the state of the province, which I am anxious to communicate to you. Indeed, the inquiry, which was in a great degree obtruded upon me, affected me with very mortifying reflections on my inability to apply it to any useful purpose. From the confines of Buxar to Benares I was followed and fatigued by the clamors of the discontented inhabitants. It was what I expected in a degree, because it is rare that the exercise of authority should prove satisfactory to all who are the objects of it. The distresses which were produced by the long-continued drought unavoidably tended to heighten the general discontent; yet I have reason to fear that the cause existed principally in a defective, if not a corrupt and oppressive administration. Of a multitude of petitions which were presented to me, and of which I took minutes, every one that did not relate to a personal grievance contained the representation of one and the same species of oppression, which is in its nature of an influence most fatal to the future cultivation. The practice to which I allude is this. It is affirmed that the aumils and renters exact from the proprietors of the actual harvest a large increase in kind on their stipulated rent: that is, from those who hold their pottah by the tenure of paying one half of the produce of their crops, either the whole without subterfuge, or a large proportion of it by a false measurement or other pretexts; and from those whose engagements are for a fixed rent in money, the half, or a greater proportion, is taken in kind. This is in effect a tax upon the industry of the inhabitants: since there is scarce a field of grain in the province, I might say not one, which has not been preserved by the incessant labor of the cultivator, by digging wells for their supply, or watering them from the wells of masonry with which their country abounds, or from the neighboring tanks, rivers, and nullahs. The people who imposed on themselves this voluntary and extraordinary labor, and not unattended with expense, did it on the expectation of reaping the profits of it; and it is certain they would not have done it, if they had known that their rulers, from whom they were entitled to an indemnification, would take from them what they had so hardly earned. If the same administration continues, and the country shall again labor under a want of rain, every field will be abandoned, the revenue fail, and thousands perish through want of subsistence: for who will labor for the sole benefit of others, and to make himself the subject of exaction? These practices are to be imputed to the Naib himself" (the administrator forced by the said Warren Hastings on the present Rajah of Benares). "The avowed principle on which he acts, and which he acknowledged to myself, is, that the whole sum fixed for the revenue of the province must be collected,—and that, for this purpose, the deficiency arising in places where the crops have failed, or which have been left uncultivated, must be supplied from the resources of others, where the soil has been better suited to the season, or the industry of the cultivators hath been more successfully exerted: a principle which, however specious and plausible it may at first appear, certainly tends to the most pernicious and destructive consequences. If this declaration of the Naib had been made only to myself, I might have doubted my construction of it; but it was repeated by him to Mr. Anderson, who understood it exactly in the same sense. In the management of the customs, the conduct of the Naib, or of the officer under him, was forced also upon my attention. The exorbitant rates exacted by an arbitrary valuation of the goods, the practice of exacting duties twice on the same goods, (first from the seller, and afterwards from the buyer,) and the vexations, disputes, and delays drawn on the merchants by these oppressions, were loudly complained of; and some instances of this kind were said to exist at the very time I was at Benares. Under such circumstances, we are not to wonder, if the merchants of foreign countries are discouraged from resorting to Benares, and if the commerce of that province should annually decay. Other evils, or imputed evils, have accidentally come to my knowledge, which I will not now particularize, as I hope, that, with the assistance of the Resident, they may be in part corrected. One evil I must mention, because it has been verified by my own observation, and is of that kind which reflects an unmerited reproach on our general and national character. When I was at Buxar, the Resident, at my desire, enjoined the Naib to appoint creditable people to every town through which our route lay, to persuade and encourage the inhabitants to remain in their houses, promising to give them guards as I approached, and they required it for their protection; and that he might perceive how earnest I was for his observation of this precaution, I repeated it to him in person, and dismissed him that he might precede me for that purpose. But, to my great disappointment, I found every place through which I passed abandoned; nor had there been a man left in any of them for their protection. I am sorry to add, that, from Buxar to the opposite boundary, I have seen nothing but traces of complete devastation in every village: whether caused by the followers of the troops which have lately passed, for their natural relief, (and I know not whether my own may not have had their share,) or from the apprehensions of the inhabitants left to themselves, and of themselves deserting their houses. I wish to acquit my own countrymen of the blame of these unfavorable appearances, and in my own heart I do acquit them; for at one encampment a crowd of people came to me complaining that their new aumil (collector), on the approach of any military detachment, himself first fled from the place; and the inhabitants, having no one to whom they could apply for redress, or for the representation of their grievances, and being thus remediless, fled also; so that their houses and effects became a prey to any person who chose to plunder them. The general conclusion appeared to me an inevitable consequence from such a state of facts; and my own senses bore testimony to it in this specific instance: nor do I know how it is possible for any officer commanding a military party, how attentive soever he may be to the discipline and forbearance of his people, to prevent disorders, when there is neither opposition to hinder nor evidence to detect them. These and many other irregularities I impute solely to the Naib, and recommend his instant removal. I cannot help remarking, that, except the city of Benares, the province is in effect without a government. The administration of the province is misconducted, and the people oppressed, trade discouraged, and the revenue in danger of a rapid decline, from the violent appropriation of its means."

That the said Warren Hastings did recommend to the Council, for a remedy of the disorders and calamities which had arisen from his own acts, dispositions, and appointments, that the administrator aforesaid should be instantly removed from his office,—attributing the aforesaid "irregularities, and many others, solely to him," although, on his own representation, it does appear that he was the sole cause of the irregularities therein described. Neither does it appear that the administrator, so by the said Hastings nominated and removed, was properly charged and called to answer for the said recited irregularities, or for the many others not recited, but attributed solely to him; nor has any plea or excuse from him been transmitted to the board, or to the Court of Directors; but he was, at the instance of the said Hastings, deprived of his said office, contrary to the principles of natural justice, in a violent and arbitrary manner; which proceeding, combined with the example made of his predecessor, must necessarily leave to the person who should succeed to the said office no distinct principle upon which he might act with safety. But in comparing the consequences of the two delinquencies charged, the failure of the payment of the revenues (from whatever cause it may arise) is more likely to be avoided than any severe course towards the inhabitants: as the former fault was, besides the deprivation of office, attended with two imprisonments, with a menace of death, and an actual death, in disgrace, poverty, and insolvency; whereas the latter, namely, the oppression, and thereby the total ruin, of the country, charged on the second administrator, was only followed by loss of office,—although, he, the said Warren Hastings, did farther assert (but with what truth does not appear) that the collection of the last administrator had fallen much short of the revenue of the province.

That the said Warren Hastings himself was sensible that the frequent changes by him made would much disorder the management of the revenues, and seemed desirous of concealing his intentions concerning the last change until the time of its execution. Yet it appears, by a letter from the British Resident, dated the 23d of June, 1784, "that a very strong report prevailed at Benares of his [the said Hastings's] intentions of appointing a new Naib for the approaching year, and that the effect is evident which the prevalence of such an idea amongst the aumils would probably have on the cultivation at this particular time. The heavy mofussil kists [harvest instalments] have now been collected by the aumils; the season of tillage is arrived; the ryots [country farmers] must be indulged, and even assisted by advances; and the aumil must look for his returns in the abundance of the crop, the consequence of this early attention to the cultivation. The effect is evident which the report of a change in the first officer of the revenue must have on the minds of the aumils, by leaving them at an uncertainty of what they have in future to expect; and in proportion to the degree of this uncertainty, their efforts and expenses in promoting the cultivation will be languid and sparing. In compliance with the Naib's request, I have written to all the aumils, encouraging and ordering them to attend to the cultivation of their respective districts; but I conceive I should be able to promote this very desirable intention much more effectually, if you will honor me with the communication of your intentions on this subject. At the same time I cannot help just remarking, that, if a change is intended, the sooner it takes place, the more the bad effects I have described will be obviated."