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

That, moreover, the said Warren Hastings, for the purpose of covering his own improper and dangerous practices from his employers, has withheld from the Court of Directors, upon sundry occasions, copies of the proceedings had, and the correspondence carried on by him in his official capacity as Governor-General, whereby the Court of Directors have been kept in ignorance of matters which it highly imported them to know, and the affairs of the Company have been exposed to much inconvenience and injury.

That, in all such concealments and acts done or ordered without the consent and authority of the Supreme Council, the said Warren Hastings has been guilty of high crimes and misdemeanors.

XXII.—FYZOOLA KHÂN

PART I.

RIGHTS OF FYZOOLA KHÂN, ETC., BEFORE THE TREATY OF LALL-DANG

I. That the Nabob Fyzoola Khân, who now holds of the Vizier the territory of Rampoor, Shahabad, and certain other districts dependent thereon, in the country of the Rohillas, is the second son of a prince renowned in the history of Hindostan under the name of Ali Mohammed Khân, some time sovereign of all that part of Rohilcund which is particularly distinguished by the appellation of the Kutteehr.

II. That, after the death of Ali Mohammed aforesaid, as Fyzoola Khân, together with his elder brother, was then a prisoner of war at a place called Herat, "the Rohilla chiefs took possession of the ancient estates" of the captive princes; and the Nabob Fyzoola Khân was from necessity compelled to waive his hereditary rights for the inconsiderable districts of Rampoor and Shahabad, then estimated to produce from six to eight lacs of annual revenue.

III. That in 1774, on the invasion of Rohilcund by the united armies of the Vizier Sujah ul Dowlah and the Company, the Nabob Fyzoola Khân, "with some of his people, was present at the decisive battle of St. George," where Hafiz Rhamet, the great leader of the Rohillas, and many others of their principal chiefs were slain; but, escaping from the slaughter, Fyzoola Khân "made his retreat good towards the mountains, with all his treasure." He there collected the scattered remains of his countrymen; and as he was the eldest surviving son of Ali Mohammed Khân, as, too, the most powerful obstacle to his pretensions was now removed by the death of Hafiz, he seems at length to have been generally acknowledged by his natural subjects the undoubted heir of his father's authority.

IV. That, "regarding the sacred sincerity and friendship of the English, whose goodness and celebrity is everywhere known, who dispossess no one," the Nabob Fyzoola Khân made early overtures for peace to Colonel Alexander Champion, commander-in-chief of the Company's forces in Bengal: that he did propose to the said Colonel Alexander Champion, in three letters, received on the 14th, 24th, and 27th of May, to put himself under the protection either of the Company, or of the Vizier, through the mediation and with the guaranty of the Company; and that he did offer, "whatever was conferred upon him, to pay as much without damage or deficiency as any other person would agree to do": stating, at the same time, his condition and pretensions hereinbefore recited as facts "evident as the sun"; and appealing, in a forcible and awful manner, to the generosity and magnanimity of this nation, "by whose means he hoped in God that he should receive justice"; and as "the person who designed the war was no more," as "in that he was himself guiltless," and as "he had never acted in such a manner as for the Vizier to have taken hatred to his heart against him, that he might be reinstated in his ancient possessions, the country of Ins father."

V. That on the last of the three dates above mentioned, that is to say, on the 27th of May, the Nabob Fyzoola Khân did also send to the commander-in-chief a vakeel, or ambassador, who was authorized on the part of him, the Nabob Fyzoola Khân, his master, to make a specific offer of three propositions; and that by one of the said propositions "an annual increase of near 400,000l. would have accrued to the revenues of our ally, and the immediate acquisition of above 300,000l. to the Company, for their influence in effecting an accommodation perfectly consistent with their engagements to the Vizier," and strictly consonant to the demands of justice.

VI. That, so great was the confidence of the Nabob Fyzoola Khân in the just, humane, and liberal feelings of Englishmen, as to "lull him into an inactivity" of the most essential detriment to his interests: since, "in the hopes which he entertained from the interposition of our government," he declined the invitation of the Mogul to join the arms of his Majesty and the Mahrattas, "refused any connection with the Seiks," and did even neglect to take the obvious precaution of crossing the Ganges, as he had originally intended, while the river was yet fordable,—a movement that would have enabled him certainly to baffle all pursuit, and probably "to keep the Vizier in a state of disquietude for the remainder of his life."

VII. That the commander-in-chief, Colonel Alexander Champion aforesaid, "thought nothing could be more honorable to this nation than the support of so exalted a character; and whilst it could be done on terms so advantageous, supposed it very unlikely that the vakeel's proposition should be received with indifference"; that he did accordingly refer it to the administration through Warren Hastings, Esquire, then Governor of Fort William and President of Bengal; and he did at the same time inclose to the said Warren Hastings a letter from the Nabob Fyzoola Khân to the said Hastings,—which letter does not appear, but must be supposed to have been of the same tenor with those before cited to the commander-in-chief,—of which also copies were sent to the said Hastings by the commander-in-chief; and he, the commander-in-chief aforesaid, after urging to the said Hastings sundry good and cogent arguments of policy and prudence in favor of the Nabob Fyzoola Khân, did conclude by "wishing for nothing so much as for the adoption of some measure that might strike all the powers of the East with admiration of our justice, in contrast to the conduct of the Vizier."

VIII. That, in answer to such laudable wish of the said commander-in-chief, the President, Warren Hastings, preferring his own prohibited plans of extended dominion to the mild, equitable, and wise policy inculcated in the standing orders of his superiors, and now enforced by the recommendation of the commander-in-chief, did instruct and "desire" him, the said commander-in-chief, "instead of soliciting the Vizier to relinquish his conquest to Fyzoola Khân, to discourage it as much as was in his power"; although the said Hastings did not once express, or even intimate, any doubt whatever of the Nabob Fyzoola Khân's innocence as to the origin of the war, or of his hereditary right to the territories which he claimed, but to the said pleas of the Nabob Fyzoola Khân, as well as to the arguments both of policy and justice advanced by the commander-in-chief, he, the said Hastings, did solely oppose certain speculative objects of imagined expediency, summing up his decided rejection of the proposals made by the Nabob Fyzoola Khân in the following remarkable words. "With respect to Fyzoola Khân, he appears not to merit our consideration. The petty sovereign of a country estimated at six or eight lacs ought not for a moment to prove an impediment to any of our measures, or to affect the consistency of our conduct."

IX. That, in the aforesaid violent and arbitrary position, the said Warren Hastings did avow it to be a public principle of his government, that no right, however manifest, and no innocence, however unimpeached, could entitle the weak to our protection against others, or save them from our own active endeavors for their oppression, and even extirpation, should they interfere with our notions of political expediency; and that such a principle is highly derogatory to the justice and honor of the English name, and fundamentally injurious to our interests, inasmuch as it hath an immediate tendency to excite distrust, jealousy, fear, and hatred against us among all the subordinate potentates of Hindostan.

X. That, in prosecution of the said despotic principle, the President, Warren Hastings aforesaid, did persist to obstruct, as far as in him lay, every advance towards an accommodation between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khân; and particularly on the 16th of September, only eight days after the said Hastings, in, conjunction with the other members of the Select Committee of Bengal, had publicly testified his satisfaction in the prospect of an accommodation, and had hoped that "his Excellency [the Vizier] would be disposed to conciliate the affections [of the Rohillas] to his government by acceding to lenient terms," he, the said Hastings, did nevertheless write, and without the consent or knowledge of his colleagues did privately dispatch, a certain answer to a letter of the commander-in-chief, in which answer the said Hastings did express other contradictory hopes, namely, that the commander-in-chief had resolved on prosecuting the war to a final issue,—"because" (as the said Hastings explains himself) "it appears very plainly that Fyzoola Khân and his adherents lay at your mercy, because I apprehend much inconveniency from delays, and because I am morally certain that no good will he gained by negotiating": thereby artfully suggesting his wishes of what might be, in his hopes of what had been, resolved; and plainly, though indirectly, instigating the commander-in-chief to much effusion of blood in an immediate attack on the Rohillas, posted as they were "in a very strong situation," and "combating for all."

XI. That the said Hastings, in the answer aforesaid, did further endeavor to inflame the commander-in-chief against the Nabob Fyzoola Khân, by representing the said Nabob "as highly presuming, insolent, and evasive"; and knowing the distrust which the Nabob Fyzoola Khân entertained of the Vizier, the said Hastings did "expressly desire it should be left wholly to the Vizier to treat with the enemy by his own agents and in his own manner,"—though he, the said Hastings, "by no means wished the Vizier to lose time by seeking an accommodation, since it would be more effectual, more decisive, and more consistent with his dignity, indeed with his honor, which he has already pledged, to abide by his first offers, to dictate the conditions of peace, and to admit only an acceptance without reservation, or a clear refusal, from his adversary": thereby affecting to hold up, in opposition to and in exclusion of the substantial claims of justice, certain ideal obligations of dignity and honor,—that is to say, the gratification of pride, and the observance of an arrogant determination once declared.

XII. That, although the said answer did not reach the commander-in-chief until peace was actually concluded, and although the dangerous consequences to be apprehended from the said answer were thereby prevented, yet, by the sentiments contained in the said answer, Warren Hastings, Esquire, did strongly evince his ultimate adherence to all the former violent and unjust principles of his conduct towards the Nabob Fyzoola Khân, which principles were disgraceful to the character and injurious to the interests of this nation; and that the said Warren Hastings did thereby, in a particular manner, exclude himself from any share of credit for "the honorable period put to the Rohilla war, which has in some degree done away the reproach so wantonly brought on the English name."

PART II.

RIGHTS OF FYZOOLA KHÂN UNDER THE TREATY OF LALL-DANG

I. That, notwithstanding the culpable and criminal reluctance of the President, Hastings, hereinbefore recited, a treaty of peace and friendship between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khân was finally signed and sealed on the 7th October, 1774, at a place called Lall-Dang, in the presence and with the attestation of the British commander-in-chief, Colonel Alexander Champion aforesaid; and that for the said treaty the Nabob Fyzoola Khân agreed to pay, and did actually pay, the valuable consideration of half his treasure, to the amount of fifteen lacs of rupees, or 150,000l. sterling, and upwards.

II. That by the said treaty the Nabob Fyzoola Khân was established in the quiet possession of Rampoor, Shahabad, and "some other districts dependent thereon," subject to certain conditions, of which the more important were as follow.

"That Fyzoola Khân should retain in his service five thousand troops, and not a single man more.

"That, with whomsoever the Vizier should make war, Fyzoola Khân should send two or three thousand men, according to his ability, to join the forces of the Vizier.

"And that, if the Vizier should march in person, Fyzoola Khân should himself accompany him with his troops."

III. That from the terms of the treaty above recited it doth plainly, positively, and indisputably appear that the Nabob Fyzoola Khân, in case of war, was not bound to furnish more than three thousand men under any construction, unless the Vizier should march in person.

IV. That the Nabob Fyzoola Khân was not positively bound to furnish so many as three thousand men, but an indefinite number, not more than three and not less than two thousand; that of the precise number within such limitations the ability of Fyzoola Khân, and not the discretion of the Vizier, was to be the standard; and that such ability could only mean that which was equitably consistent not only with the external defence of his jaghire, but with the internal good management thereof, both as to its police and revenue.

V. That, even in case the Vizier should march in person, it might be reasonably doubted whether the personal service of the Nabob Fyzoola Khân "with his troops" must be understood to be with all his troops, or only with the number before stipulated, not more than three and not less than two thousand men; and that the latter is the interpretation finally adopted by Warren Hastings aforesaid, and the Council of Bengal, who, in a letter to the Court of Directors, dated April 5th, 1783, represent the clauses of the treaty relative to the stipulated aid as meaning simply that Fyzoola Khân "should send two or three thousand men to join the Vizier's forces, or attend in person in case it should be requisite."

VI. That from the aforesaid terms of the treaty it doth not specifically appear of what the stipulated aid should consist, whether of horse or foot, or in what proportion of both; but that it is the recorded opinion, maturely formed by the said Hastings and his Council, in January, 1783, that even "a single horseman included in the aid which Fyzoola Khân might furnish would prove a literal compliance with the stipulation."

VII. That, in the event of any doubt fairly arising from the terms of the treaty, the Nabob Fyzoola Khân, in consideration of his hereditary right to the whole country, and the price by him actually paid for the said treaty, was in equity entitled to the most favorable construction.

VIII. That, from the attestation of Colonel Champion aforesaid, the government of Calcutta acquired the same right to interpose with the Vizier for the protection of the Nabob Fyzoola Khân as they, the said government, had before claimed from a similar attestation of Sir Robert Barker to assist the Vizier in extirpating the whole nation of the said Fyzoola Khân,—more especially as in the case of Sir Robert Barker it was contrary to the remonstrances of the then administration, and the furthest from the intentions of the said Barker himself, that his attestation should involve the Company, but the attestation of Colonel Champion was authorized by all the powers of the government, as a "sanction" intended "to add validity" to the treaty; that they, the said government, and in particular the said Warren Hastings, as the first executive member of the same, were bound by the ties of natural justice duly to exercise the aforesaid right, if need were; and that their duty so to interfere was more particularly enforced by the spirit of the censures passed both by the Directors and Proprietors in the Rohilla war, and the satisfaction expressed by the Directors "in the honorable end put to that war."

PART III.

GUARANTY OF THE TREATY OF LALL-DANG

I. That during the life of the Vizier Sujah ul Dowlah, and for some time after his death, under his son and successor, Asoph ul Dowlah, the Nabob Fyzoola Khân did remain without disturbance or molestation; that he did all the while imagine his treaty to be under the sanction of the Company, from Colonel Champion's affixing his signature thereto as a witness, "which signature, as he [Fyzoola Khân] supposed," (rendered the Company the arbitrators) between the Vizier and himself, in case of disputes; and that, being "a man of sense, but extreme pusillanimity, a good farmer, fond of wealth, not possessed of the passion of ambition," he did peaceably apply himself to "improve the state of his country, and did, by his own prudence and attention, increase the revenues thereof beyond the amount specified in Sujah ul Dowlah's grant."

II. That in the year 1777, and in the beginning of the year 1778, being "alarmed at the young Vizier's resumption of a number of jaghires granted by his father to different persons, and the injustice and oppression of his conduct in general," and having now learned (from whom does not appear, but probably from some person supposed of competent authority) that Colonel Champion formerly witnessed the treaty as a private person, the Nabob Fyzoola Khân did make frequent and urgent solicitations to Nathaniel Middleton, Esquire, then Resident at Oude, and to Warren Hastings aforesaid, then Governor-General of Bengal, "for a renovation of his [the Nabob Fyzoola Khân's] treaty with the late Vizier, and the guaranty of the Company," or for a "separate agreement with the Company for his defence": considering them, the Company, as "the only power in which he had confidence, and to which he could look up for protection."

III. That the said Resident Middleton, and the said Governor-General Hastings, did not, as they were in duty bound to do, endeavor to allay the apprehensions of the Nabob Fyzoola Khân by assuring him of his safety under the sanction of Colonel Champion's attestation aforesaid, but by their criminal neglect, if not by positive expressions, (as there is just ground from their subsequent language and conduct to believe,) they, the said Middleton and the said Hastings, did at least keep alive and confirm (whoever may have originally suggested) the said apprehension; and that such neglect alone was the more highly culpable in the said Hastings, inasmuch as he, the said Hastings, in conjunction with other members of the Select Committee of the then Presidency of Bengal, did, on the 17th of September, 1774, write to Colonel Champion aforesaid, publicly authorizing him, the said Colonel Champion, to join his sanction to the accommodations agreed on between the Vizier Sujah ul Dowlah and the Nabob Fyzoola Khân, to add to their validity,—and on the 6th of October following did again write to the said Colonel Champion, more explicitly, to join his sanction, "either by attesting the treaty, or acting as guaranty on the part of the Company for the performance of it": both which letters, though they did not arrive until after the actual signature of the said Colonel Champion, do yet incontrovertibly mark the solemn intention of the said Committee (of which the said Hastings was President) that the sanction of Colonel Champion's attestation should be regarded as a public, not a private, sanction; and it was more peculiarly incumbent on such persons, who had been members of the said Committee, so to regard the same.

IV. That the said Warren Hastings was further guilty of much criminal concealment for the space of "twelve months," inasmuch as he did not lay before the board the frequent and urgent solicitations which he, the said Hastings, was continually receiving from the Nabob Fyzoola Khân, until the 9th of March, 1778; on which day the said Hastings did communicate to the Council a public letter of the aforesaid Middleton, Resident at Oude, acquainting the board that he, the said Middleton, taking occasion from a late application of Fyzoola Khân for the Company's guaranty, had deputed Mr. Daniel Octavus Barwell (Assistant Resident at Benares, but then on a visit to the Resident Middleton at Lucknow) to proceed with a special commission to Rampoor, there to inquire on the spot into the truth of certain reports circulated to the prejudice of Fyzoola Khân, which reports, however, the said Middleton did afterwards confess himself to have "always" thought "in the highest degree improbable."

That the said Resident Middleton did "request to know whether, on proof of Fyzoola Khân's innocence, the honorable board would be pleased to grant him [the Resident] permission to comply with his [Fyzoola Khân's] request of the Company's guarantying his treaty with the Vizier." And the said Middleton, in excuse for having irregularly "availed himself of the abilities of Mr. Daniel Barwell," who belonged to another station, and for deputing him with the aforesaid commission to Rampoor without the previous knowledge of the board, did urge the plea "of immediate necessity"; and that such plea, if the necessity really existed, was a strong charge and accusation against the said Warren Hastings, from whose criminal neglect and concealment the urgency of such necessity did arise.

V. That the Governor-General, Warren Hastings aforesaid, did immediately move, "that the board approve the deputation of Mr. Daniel Barwell, and that the Resident [Middleton] be authorized to offer the Company's guaranty for the observance of the treaty subsisting between the Vizier and Fyzoola Khân, provided it meets with the Vizier's concurrence"; and that the Governor-General's proposition was resolved in the affirmative: the usual majority of Council then consisting of Richard Barwell, Esquire, a near relation of Daniel Octavus Barwell aforesaid, and the Governor-General, Warren Hastings, who, in case of an equality, had the casting voice.

VI. That, on receiving from Mr. Daniel Barwell full and early assurance of Fyzoola Khân's "having preserved every article of his treaty inviolate," the Resident, Middleton, applied for the Vizier's concurrence, which was readily obtained,—the Vizier, however, "premising, that he gave his consent, taking it for granted, that, on Fyzoola Khân's receiving the treaty and khelaut [or robe of honor], he was to make him a return of the complimentary presents usually offered on such occasions, and of such an amount as should be a manifestation of Fyzoola Khân's due sense of his friendship, and suitable to his Excellency's rank to receive"; and that the Resident, Middleton, "did make himself in some measure responsible for the said presents being obtained," and did write to Mr. Daniel Barwell accordingly.

VII. That, agreeably to the resolution of Council hereinbefore recited, the solicited guaranty, under the seal of the Resident, Middleton, thus duly authorized on behalf of the Company, was transmitted, together with the renewed treaty, to Mr. Daniel Barwell aforesaid at Rampoor, and that they were both by him, the said Barwell, presented to the Nabob Fyzoola Khân, with a solemnity not often paralleled, "in the presence of the greatest part of the Nabob's subjects, who were assembled, that the ceremony might create a full belief in the breasts of all his people that the Company would protect him as long as he strictly adhered to the letter of his treaty."

VIII. That, in the conclusion of the said ceremony, the Nabob Fyzoola Khân did deliver to the said Barwell, for the use of the Vizier, a nuzzer (or present) of elephants, horses, &c., and did add thereto a lac of rupees, or 10,000l. and upwards: which sum the said Barwell, "not being authorized to accept any pecuniary consideration, did at first refuse; but upon Fyzoola Khân's urging, that on such occasions it was the invariable custom of Hindostan, and that it must on the present be expected, as it had been formerly the case," (but when does not appear,) he, the said Barwell, did accept the said lac in the name of the Vizier, our ally, "in whose wealth" (as Warren Hastings on another occasion observed) "we should participate," and on whom we at that time had an accumulating demand.

IX. That, over and above the lac of rupees thus presented to the Vizier, the Nabob Fyzoola Khân did likewise offer one other lac of rupees, or upwards of 10,000l. more, for the Company, "as some acknowledgment of the obligation he received; that, although such acknowledgment was not pretended to be the invariable custom of Hindostan on such occasions, however it might on the present be expected," Mr. Daniel Barwell aforesaid (knowing, probably, the disposition and views of the then actual government at Calcutta) did not, even at first, decline the said offer, but, as he was not empowered to accept it, did immediately propose taking a bond for the amount, until the pleasure of the board should be known.

That the offer was accordingly communicated by the said Barwell to the Resident, Middleton, to be by him, the Resident, referred to the board, and that it was so referred; that, in reply to the said reference of the Resident, Middleton, the Governor-General, Warren Hastings, did move and carry a vote of Council, "authorizing Mr. Middleton to accept the offer made by Fyzoola Khân to the Company of one lac of rupees," without assigning any reason whatever in support of the said motion, notwithstanding it was objected by a member of the board, "that, if the measure was right, it became us to adopt it without such a consideration," and that "our accepting of the lac of rupees as a recompense for our interposition is beneath the dignity of this government [of Calcutta], and will discredit us in the eyes of the Indian powers."

That the acceptance of the said sum, in this circumstance, was beneath the dignity of the said government, and did tend so to discredit us; and that the motion of the said Hastings for such acceptance was therefore highly derogatory to the honor of this nation.

X. That the aforesaid member of the Council did further disapprove altogether of the guaranty, "as unnecessary"; and that another member of Council, Richard Barwell, Esquire, the near relation of Daniel Octavus Barwell, hereinbefore named, did declare, (but after the said guaranty had taken place,) that "this government [of Calcutta] was in fact engaged by Colonel Champion's signature being to the treaty with Fyzoola Khân." That the said unnecessary guaranty did not only subject to an heavy expense a prince whom we were bound to protect, but did further produce in his mind the following obvious and natural conclusion, namely, "that the signature of any person, in whatever public capacity he at present appears, will not be valid and of effect, as soon as some other shall fill his station": a conclusion, however, immediately tending to the total discredit of all powers delegated from the board to any individual servant of the Company, and consequently to clog, perplex, and embarrass in future all transactions carried on at a distance from the seat of government, and to disturb the security of all persons possessing instruments already so ratified,—yet the only conclusion left to Fyzoola Khân which did not involve some affront either to the private honor of the Company's servants or to the public honor of the Company itself; and that the suspicions which originated from the said idea in the breast of Fyzoola Khân to the prejudice of the Resident Middleton's authority did compel the Governor-General, Warren Hastings, to obviate the bad effects of his first motion for the guaranty by a second motion, namely, "That a letter be written to Fyzoola Khân from myself, confirming the obligations of the Company as guaranties to the treaty formed between him and the Vizier,—which will be equivalent in its effect, though not in form, to an engagement sent him with the Company's seal affixed to it."

XII.[23 - Sic orig.] That, whether the guaranty aforesaid was or was not necessary, whether it created a new obligation or but more fully recognized an obligation previously existing, the Governor-General, Warren Hastings, by the said guaranty, did, in the most explicit manner, pledge and commit the public faith of the Company and the nation; and that by the subsequent letter of the said Hastings (which he at his own motion wrote, confirming to Fyzoola Khân the aforesaid guaranty) the said Hastings did again pledge and commit the public faith of the Company and the nation, in a manner (as the said Hastings himself remarked) "equivalent to an engagement with the Company's seal affixed to it," and more particularly binding the said Hastings personally to exact a due observance of the guarantied treaty, especially to protect the Nabob Fyzoola Khân against any arbitrary construction or unwarranted requisition of the Vizier.

PART IV.

THANKS OF THE BOARD TO FYZOOLA KHÂN

I. That, soon after the completion of the guaranty, in the same year, 1778, intelligence was received in India of a war between England and France; that, on the first intimation thereof, the Nabob Fyzoola Khân, "being indirectly sounded," did show much "promptness to render the Company any assistance within the bounds of his finances and ability"; and that by the suggestion of the Resident, Middleton, hereinbefore named, he, the Nabob Fyzoola Khân, in a letter to the Governor-General and Council, did make a voluntary "offer to maintain two thousand cavalry (all he had) for our service," "though he was under no obligation to furnish the Company with a single man."

II. That the Nabob Fyzoola Khân did even "anticipate the wishes of the board"; and that, "on an application made to him by Lieutenant-Colonel Muir," the Nabob Fyzoola Khân did, "without hesitation or delay," furnish him, the said Muir, with five hundred of his best cavalry.