by Edmund Burke
The day following this deliberation, on the assembling of the Council, the Governor-General, Mr. Hastings, said, “he would not sit to be confronted by such accusers, nor to suffer a judicial inquiry into his conduct at the board of which he is the president.” As on the former occasions, he declares the board dissolved. As on the former occasions, the majority did not admit his claim to this power; they proceeded in his absence to examine the accuser and witnesses. Their proceedings are in Appendix K.
It is remarkable, that, during this transaction, Khân Jehan Khân, the party with whom the corrupt agreement was made, declined an attendance under excuses which the majority thought pretences for delay, though they used no compulsory methods towards his appearance. At length, however, he did appear, and then a step was taken by Mr. Hastings of a very extraordinary nature, after the steps which he had taken before, and the declarations with which those steps had been accompanied. Mr. Hastings, who had absolutely refused to be present in the foregoing part of the proceeding, appeared with Khân Jehan Khân. And now the affair took another turn; other obstructions were raised. General Clavering said that the informations hitherto taken had proceeded upon oath. Khân Jehan Khân had previously declared to General Clavering his readiness to be so examined; but when called upon by the board, he changed his mind, and alleged a delicacy, relative to his rank, with regard to the oath. In this scruple he was strongly supported by Mr. Hastings. He and Mr. Barwell went further: they contended that the Council had no right to administer an oath. They must have been very clear in that opinion, when they resisted the examination on oath of the very person who, if he could safely swear to Mr. Hastings’s innocence, owed it as a debt to his patron not to refuse it; and of the payment of this debt it was extraordinary in the patron not only to enforce, but to support, the absolute refusal.
Although the majority did not acquiesce in this doctrine, they appeared to have doubts of the prudence of enforcing it by violent means; but, construing his refusal into a disposition to screen the peculations of the Governor-General, they treated him as guilty of a contempt of their board, dismissed him from the service, and recommended another (not the accuser) to his office.
The reasons on both sides appear in the Appendix. Mr. Hastings accuses them bitterly of injustice to himself in considering the refusal of this person to swear as a charge proved. How far they did so, and under what qualifications, will appear by reference to the papers in the Appendix. But Mr. Hastings “thanks God that they are not his judges.” His great hold, and not without reason, is the Supreme Court; and he “blesses the wisdom of Parliament, that constituted a court of judicature at so seasonable a time, to check the despotism of the new Council.” It was thought in England that the court had other objects than the protection of the Governor-General against the examinations of those sent out with instructions to inquire into the peculations of men in power.
Though Mr. Hastings did at that time, and avowedly did, everything to prevent any inquiry that was instituted merely for the information of the Court of Directors, yet he did not feel himself thoroughly satisfied with his own proceedings. It was evident that to them his and Mr. Barwell’s reasonings would not appear very respectful or satisfactory; he therefore promises to give them full satisfaction at some future time. In his letter of the 14th of September, 1775, he reiterates a former declaration, and assures them of his resolution to this purpose in the strongest terms. “I now again recur to the declaration which I have before made, that it is my fixed determination to carry literally into execution, and most fully and liberally explain every circumstance of my conduct on the points upon which I have been injuriously arraigned, — and to afford you the clearest conviction of my own integrity, and of the propriety of my motives for my declining a present defence of it.”
These motives, as far as they can be discovered, were the violence of his adversaries, the interested character and views of the accuser, and the danger of a prosecution in the Supreme Court, which made it prudent to reserve his defence. These arguments are applicable to any charge. Notwithstanding these reasons, it is plain by the above letter that he thought himself bound at some time or other to give satisfaction to his masters: till he should do this, in his own opinion, he remained in an unpleasant situation. But he bore his misfortune, it seems, patiently, with a confidence in their justice for his future relief. He says, “Whatever evil may fill the long interval which may precede it.” That interval he has taken care to make long enough; for near eight years are now elapsed, and he has not yet taken the smallest step towards giving to the Court of Directors any explanation whatever, much less that full and liberal explanation which he had so repeatedly and solemnly promised.
It is to be observed, that, though Mr. Hastings talks in these letters much of his integrity, and of the purity of his motives, and of full explanations, he nowhere denies the fact of this corrupt traffic of office. Though he had adjourned his defence, with so much pain to himself, to so very long a day, he was not so inattentive to the ease of Khân Jehan Khân as he has shown himself to his own. He had been accused of corruptly reserving to himself a part of the emoluments of this man’s office; it was a delicate business to handle, whilst his defence stood adjourned; yet, in a very short time after a majority came into his hands, he turned out the person appointed by General Clavering, &c., and replaced the very man with whom he stood accused of the corrupt bargain; what was worse, he had been charged with originally turning out another, to make room for this man. The whole is put in strong terms by the then majority of the Council, where, after charging him with every species of peculation, they add, “We believe the proofs of his appropriating four parts in seven of the salary with which the Company is charged for the Phousdar of Hoogly are such as, whether sufficient or not to convict him in a court of justice, will not leave the shadow of a doubt concerning his guilt in the mind of any unprejudiced person. The salary is seventy-two thousand rupees a year; the Governor takes thirty-six thousand, and allows Cantoo Baboo four thousand more for the trouble he submits to in conducting the negotiation with the Phousdar. This also is the common subject of conversation and derision through the whole settlement. It is our firm opinion and belief, that the late Phousdar of Hoogly, a relation of Mahomed Reza Khân, was turned out of this office merely because his terms were not so favorable as those which the Honorable Governor-General has obtained from the present Phousdar. The Honorable Governor-General is pleased to assert, with a confidential spirit peculiar to himself, that his measures hitherto stand unimpeached, except by us. We know not how this assertion is to be made good, unless the most daring and flagrant prostitution in every branch be deemed an honor to his administration.”
The whole style and tenor of these accusations, as well as the nature of them, rendered Mr. Hastings’s first postponing, and afterwards totally declining, all denial, or even defence or explanation, very extraordinary. No Governor ought to hear in silence such charges; and no Court of Directors ought to have slept upon them.
The Court of Directors were not wholly inattentive to this business. They condemned his act as it deserved, and they went into the business of his legal right to dissolve the Council. Their opinions seemed against it, and they gave precise orders against the use of any such power in future. On consulting Mr. Sayer, the Company’s counsel, he was of a different opinion with regard to the legal right; but he thought, very properly, that the use of a right, and the manner and purposes for which it was used, ought not to have been separated. What he thought on this occasion appears in his opinion transmitted by the Court of Directors to Mr. Hastings and the Council-General. “But it was as great a crime to dissolve the Council upon base and sinister motives as it would be to assume the power of dissolving, if he had it not. I believe he is the first governor that ever dissolved a council inquiring into his behavior, when he was innocent. Before he could summon three councils and dissolve them, he had time fully to consider what would be the result of such conduct, to convince everybody, be
yond a doubt, of his conscious guilt.”
It was a matter but of small consolation to Mr. Hastings, during the painful interval he describes, to find that the Company’s learned counsel admitted that he had legal powers of which he made an use that raised an universal presumption of his guilt.
Other counsel did not think so favorably of the powers themselves. But this matter was of less consequence, because a great difference of opinion may arise concerning the extent of official powers, even among men professionally educated, (as in this case such a difference did arise,) and well-intentioned men may take either part. But the use that was made of it, in systematical contradiction to the Company’s orders, has been stated in the Ninth Report, as well as in many of the others made by two of your committees.
APPENDIX.
B. No. 1.
Copy of a Letter from the Governor-General to the Court of Directors.
To the Honorable the Court of Directors of the Honorable United East India Company.
FORT WILLIAM, 29th November, 1780.
HONORABLE SIRS, —
You will be informed by our Consultations of the 26th of June of a very unusual tender which was made by me to the board on that day, for the purpose of indemnifying the Company for the extraordinary expense which might be incurred by supplying the detachment under the command of Major Camac in the invasion of the Mahratta dominions, which lay beyond the district of Gohud, and drawing the attention of Mahdajee Sindia, to whom that country immediately appertained, from General Goddard, while his was employed in the reduction of Bassein, and in securing the conquests made by your arms in Guzerat. I was desirous to remove the only objection which has been or could be ostensibly made to the measure, which I had very much at heart, as may be easily conceived from the means which I took to effect it. For the reasons at large which induced me to propose that diversion, it will be sufficient to refer to my minute recommending it, and to the letters received from General Goddard near the same period of time. The subject is now become obsolete, and all the fair hopes which I had built upon the prosecution of the Mahratta war, of its termination in a speedy, honorable, and advantageous peace, have been blasted by the dreadful calamities which have befallen your arms in the dependencies of your Presidency of Fort St. George, and changed the object of our pursuit from the aggrandizement of your power to its preservation. My present reason for reverting to my own conduct on the occasion which I have mentioned is to obviate the false conclusions or purposed misrepresentations which may be made of it, either as an artifice of ostentation or as the effect of corrupt influence, by assuring you that the money, by whatever means it came into your possession, was not my own, — that I had myself no right to it, nor would or could have received it, but for the occasion which prompted me to avail myself of the accidental means which were at that instant afforded me of accepting and converting it to the property and use of the Company; and with this brief apology I shall dismiss the subject.
Something of affinity to this anecdote may appear in the first aspect of another transaction, which I shall proceed to relate, and of which it is more immediately my duty to inform you.
You will have been advised, by repeated addresses of this government, of the arrival of an army at Cuttack, under the command of Chimnajee Boosla, the second son of Moodajee Boosla, the Rajah of Berar. The origin and destination of this force have been largely explained and detailed in the correspondence of the government of Berar, and in various parts of our Consultations. The minute relation of these would exceed the bounds of a letter; I shall therefore confine myself to the principal fact.
About the middle of the last year, a plan of confederacy was formed by the Nabob Nizam Ali Khân, by which it was proposed, that, while the army of the Mahrattas, under the command of Mahdajee Sindia and Tuckoojee Hoolkar, was employed to check the operations of General Goddard in the West of India, Hyder Ali Khân should invade the Carnatic, Moodajee Boosla the provinces of Bengal, and he himself the Circars of Rajamundry and Chicacole.
The government of Berar was required to accept the part assigned it in this combination, and to march a large body of troops immediately into Bengal. To enforce the request on the part of the ruling member of the Mahratta state, menaces of instant hostility by the combined forces were added by Mahdajee Sindia, Tuckoojee Hoolkar, and Nizam Ali Khân, in letters written by them to Moodajee Boosla on the occasion. He was not in a state to sustain the brunt of so formidable a league, and ostensibly yielded. Such at least was the turn which he gave to his acquiescence, in his letters to me; and his subsequent conduct has justified his professions. I was early and progressively acquainted by him with the requisition, and with the measures which were intended to be taken, and which were taken, by him upon it. The army professedly destined for Bengal marched on the Dusserra of the last year, corresponding with the 7th of October. Instead of taking the direct course to Bahar, which had been prescribed, it proceeded by varied deviations and studied delays to Cuttack, where it arrived late in May last, having performed a practicable journey of three mouths in seven, and concluded it at the instant commencement of the rains, which of course would preclude its operations, and afford the government of Berar a further interval of five months to provide for the part which it would then be compelled to choose.
In the mean time letters were continually written by the Rajah and his minister to this government, explanatory of their situation and motives, proposing their mediation and guaranty for a peace and alliance with the Peshwa, and professing, without solicitation on our part, the most friendly disposition towards us, and the most determined resolution to maintain it. Conformably to these assurances, and the acceptance of a proposal made by Moodajee Boosla to depute his minister to Bengal for the purpose of negotiating and concluding the proposed treaty of peace, application had been made to the Peshwa for credentials to the same effect.
In the mean time the fatal news arrived of the defeat of your army at Conjeveram. It now became necessary that every other object should give place or be made subservient to the preservation of the Carnatic; nor would the measures requisite for that end admit an instant of delay. Peace with the Mahrattas was the first object; to conciliate their alliance, and that of every other power in natural enmity with Hyder Ali, the next. Instant measures were taken (as our general advices will inform you) to secure both these points, and to employ the government of Berar as the channel and instrument of accomplishing them. Its army still lay on our borders, and in distress for a long arrear of pay, not less occasioned by the want of pecuniary funds than a stoppage of communication. An application had been made to us for a supply of money; and the sum specified for the complete relief of the army was sixteen lacs. We had neither money to spare, nor, in the apparent state of that government in its relation to ours, would it have been either prudent or consistent with our public credit to have afforded it. It was nevertheless my decided opinion that some aid should be given, — not less as a necessary relief than as an indication of confidence, and a return for the many instances of substantial kindness which we had within the course of the last two years experienced from the government of Berar. I had an assurance that such a proposal would receive the acquiescence of the board; but I knew that it would not pass without opposition, and it would have become public, which might have defeated its purpose. Convinced of the necessity of the expedient, and assured of the sincerity of the government of Berar, from evidences of stronger proof to me than I could make them appear to the other members of the board, I resolved to adopt it, and take the entire responsibility of it upon myself. In this mode a less considerable sum would suffice. I accordingly caused three lacs of rupees to be delivered to the minister of the Rajah of Berar, resident in Calcutta: he has transmitted it to Cuttack. Two thirds of this sum I have raised by my own credit, and shall charge it in my official accounts; the other third I have supplied from the cash in my hands belonging to the Honorable Company. I have given due notice to Moodajee Boosla of this transaction, and expl
ained it to have been a private act of my own, unknown to the other members of the Council. I have given him expectations of the remainder of the amount required for the arrears of his army, proportioned to the extent to which he may put it in my power to propose it as a public gratuity by his effectual orders for the recall of these troops, or for their junction with ours.