by Edmund Burke
III. That the said Warren Hastings, having formed the plans aforesaid for the ruin of the Rajah, did set out on a journey to the city of Benares with a great train, but with a very small force, not much exceeding six companies of regular black soldiers, to perpetrate some of the unjust and violent acts by him meditated and resolved on; and the said Hastings was met, according to the usage of distinguished persons in that country, by the Rajah of Benares with a very great attendance, both in boats and on shore, which attendance he did apparently intend as a mark of honor and observance to the place and person of the said Hastings, but which the said Hastings did afterwards groundlessly and maliciously represent as an indication of a design upon his life; and the said Rajah came into the pinnace in which the said Hastings was carried, and in a lowly and suppliant manner, alone, and without any guard or attendance whatsoever, entreated his favor; and being received with great sternness and arrogance, he did put his turban in the lap of the said Hastings, thereby signifying that he abandoned his life and fortune to his disposal, and then departed, the said Hastings not apprehending, nor having any reason to apprehend, any violence whatsoever to his person.
IV. That the said Hastings, in the utmost security and freedom from apprehension, did pursue his journey, and did arrive at the city of Benares on the 14th of August, 1781, some hours before the Rajah, who, soon after his arrival, intended to pay him a visit of honor and respect at his quarters, but was by the said Hastings rudely and insolently forbid, until he should receive his permission. And the said Hastings, although he had previously determined on the ruin of the said Rajah, in order to afford some color of regularity and justice to his proceedings, did, on the day after his arrival, that is, on the 15th day of August, 1781, send to the Rajah a charge in writing, which, though informal and irregular, may be reduced to four articles, two general, and two more particular: the first of the general being, “That he [the Rajah] had, by the means of his secret agents, endeavored to excite disorders in the government on which he depended”; the second, “That he had suffered the daily perpetration of robberies and murders, even in the streets of Benares, to the great and public scandal of the English name.”
V. That it appears that the said Warren Hastings is guilty of an high offence, contrary to the fundamental principles of justice, in the said mode of charging misdemeanors, without any specification of person or place or time or act, or any offer of specification or proofs by which the party charged may be enabled to refute the same, in order to unjustly load his reputation, and to prejudice him with regard to the articles more clearly specified.
VI. That the two specified articles relate to certain delays: the first, with regard to the payment of the sums of money unjustly extorted as aforesaid; and the second, the non-compliance with a requisition of cavalry, — which non-compliance the said Hastings (even if the said charges had been founded) did falsely, and in contradiction to all law, affirm and maintain (in his accusation against the Rajah, and addressing himself to him) “to amount to a direct charge of disaffection and infidelity to the government on which you depend”: and further proceeded as follows: “I therefore judged it proper to state them [the said charges] thus fully to you in writing, and to require your answer; and this I expect immediately.” That the said Hastings, stating his pretended facts to amount to a charge of the nature (as he would have it understood) of high treason, and therefore calling for an immediate answer, did wilfully act against the rules of natural justice, which requires that a convenient time should be given to answer, proportioned to the greatness of the offence alleged, and the heavy penalties which attend it; and when he did arrogate to himself a right both to charge and to judge in his own person, he ought to have allowed the Rajah full opportunity for conferring with his ministers, his doctors of law, and his accountants, on the facts charged, and on the criminality inferred in the said accusation of disloyalty and disaffection, or offences of that quality.
VII. That the said Rajah did, under the pressure of the disadvantages aforesaid, deliver in, upon the very evening of the day of the charge, a full, complete, and specific answer to the two articles therein specified; and did allege and offer proof that the whole of the extraordinary demands of the said Hastings had been actually long before paid and discharged; and did state a proper defence, with regard to the cavalry, even supposing him bound (when he was not bound) to furnish any. And the said Rajah did make a direct denial of the truth, of the two general articles, and did explain himself on the same in as satisfactory a manner and as fully as their nature could permit, offering to enter into immediate trial of the points in issue between him and the said Hastings, in the remarkable words following. “My enemies, with a view to my ruin, have made false representations to you. Now that, happily for me, you have yourself arrived at this place, you will be able to ascertain all the circumstances: first, relative to the horse; secondly, to my people going to Calcutta; and thirdly, the dates of the receipts of the particular sums above mentioned. You will then know whether I have amused you with a false representation, or made a just report to you.” And in the said answer the said Rajah complained, but in the most modest terms, of an injury to him of the most dangerous and criminal nature in transactions of such moment, namely, his not receiving any answer to his letters and petitions, and concluded in the following words. “I have never swerved in the smallest degree from my duty to you. It remains with you to decide on all these matters. I am in every case your slave. What is just I have represented to you. May your prosperity increase!”
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.