Complete Works of Edmund Burke

by Edmund Burke

  LXXVIII. That the said Warren Hastings, in attempting to pass an act of indemnity for his own crimes, and of oblivion for the sufferings of others, supposing the latter almost obliterated by time, did not only mock and insult over the sufferings of the allies of the Company, but did show an indecent contempt of the understandings of the Court of Directors: because his violent attempts on the property and liberty of the mother and grandmother of the ally aforesaid had not their first commencement much above two years before that time, and had been continued, without abatement or relaxation on his part, to the very time of his minute; the Nabob having, by the instigation of his, the said Hastings’s, instrument, Hyder Beg Khân, not two months before the date of the Consultation, been obliged a second time to break his faith with relation to the estates of his mother, in the manner hereinbefore recited. And the said Hastings did not and could not conceive that the clearing the mother could revive any animosity between her and her son, by whom she never had been accused. The said Hastings was also sensible that the restoration of her landed estates, recommended by the Court of Directors, could not produce any ill effect on the mind of the said son, as it was “with almost unconquerable reluctance he had been persuaded to deprive her of them,” and at the time of his submitting to become an instrument in this injustice, did “declare,” both, to the Resident and his ministers, “that it was an act of compulsion.”

  LXXIX. That the said Hastings further, by insinuating that the women in question would act amiss in appealing to a foreign jurisdiction against a son and grandson, could not forget that he himself, being that foreign jurisdiction, (if any jurisdiction there was,) did himself direct and order the injuries, did himself urge the calumnies, and did himself cause to be taken and produced the unsatisfactory evidence by which the women in question had suffered, — and that it was against him, the said Hastings, and not against their son, that they had reason to appeal. But the truth is, that the inquiry was moved for by Mr. Stables, not on the prayer or appeal of the sufferers, but upon the ill impression which the said Hastings’s own conduct, merely and solely on his own state of it, and on his own evidence in support of it, had made on the Court of Directors, who were his lawful masters, and not suitors in his court. And his arrogating to himself and his colleagues to be a tribunal, and a tribunal not for the purpose of doing justice, but of refusing inquiry, was an high offence and misdemeanor (particularly as the due obedience to the Company’s orders was eluded on the insolent pretence “that the majesty of justice ought to be approached with solicitation, and that it would debase itself by the suggestion of wrongs and the promise of redress”) in a Governor, whose business it is, even of himself, and unsolicited, not only to promise, but to afford, redress to all those who should suffer under the power of the Company, even if their ignorance, or want of protection, or the imbecility of their sex, or the fear of irritating persons in rank and station, should prevent them from seeking it by formal solicitation.

  LXXX. That the said Warren Hastings, at the time when he pretended ignorance of all solicitation for justice on the part of the women aforesaid, and on that pretence did refuse the inquiry moved by his colleague, Mr. Stables, had in all probability received from the Resident, Middleton, or, if he had made the slightest inquiry from the said Middleton, then at Calcutta, might immediately receive, an account that they did actually solicit the said Resident, through Major Gilpin, for redress against his, the said Hastings’s, calumnious accusation, and the false testimony by which it was supported, and did send the said complaint to the Resident, Middleton, by the said Gilpin, to be transmitted to him, the said Hastings, and the Council, so early as the 19th of October, 1782; and that she, the mother of the Nabob, did afterwards send the same to the Resident, Bristow, asserting their innocence, and accompanying the same with the copies of letters (the originals of which they asserted were in their hands) from the chief witnesses against them, Hannay and Gordon, which letters did directly overturn the charges or insinuations in the affidavits made by them, and that, instead of any accusation of an attempt upon them and their parties by the instigation of the mother of the Nabob, or by her ministers, they, the said Hannay and Gordon, did attribute their preservation to them and to their services, and did, with strong expressions of gratitude both to the mother of the Nabob and to her ministers, fully acknowledge the same: which remonstrance of the mother of the Nabob, and the letters of the said Hannay and Gordon, are annexed to this charge; and the said Hastings is highly criminal for not having examined into the facts alleged in the said remonstrance.

  LXXXI. That the violent proceedings of the said Warren Hastings did tend to impress all the neighboring princes, some of whom were allied in blood to the oppressed women of rank aforesaid, with an ill opinion of the faith, honor, and decency of the British nation; and accordingly, on the journey aforesaid made by the Nabob from Lucknow to Fyzabad, in which the said Nabob did restore, in the manner before mentioned, the confiscated estates of his mother and grandmother, and did afterwards revoke his said grant, it appears that the said journey did cause a general alarm (the worst motives obtaining the most easy credit with regard to any future proceeding, on account of the foregone acts) and excited great indignation among the ruling persons of the adjacent country, insomuch that Major Brown, agent to the said Warren Hastings at the court of the King Shah Allum at Delhi, did write a remonstrance therein to Mr. Bristow, Resident at Oude, as follows.

  “The evening of the 7th, at a conference I had with Mirza Shaffee Khân, he introduced a subject, respecting the Nabob Vizier, which, however it may be disagreeable for you to know, and consequently for me to communicate, I am under a necessity of laying before you. He told me he had received information from Lucknow, that, by the advice of Hyder Beg Khân, the Vizier had determined to bring his grandmother, the widow of Sufdar Jung, from Fyzabad to Lucknow, with a view of getting a further sum of money from her, by seizing on her eunuchs, digging up the apartments of her house at Fyzabad, and putting her own person under restraint. This, he said, he knew was not an act of our government, but the mere advice of Hyder Beg Khân, to which the Vizier had been induced to attend. He added, that the old Begum had resolved rather to put herself to death than submit to the disgrace intended to be put upon her; that, if such a circumstance should happen, there is not a man in Hindostan who will attribute the act to the Vizier [Nabob of Oude], but every one will fix the odium on the English, who might easily, by the influence they so largely exercise in their own concerns there, have prevented such unnatural conduct in the Vizier. He therefore called upon me, as the English representative in this quarter, to inform you of this, that you may prevent a step which will destroy all confidence in the English nation throughout Hindostan, and excite the bitterest resentment in all those who by blood are connected with the house of Sufdar Jung. He concluded by saying, that, ‘if the Vizier so little regarded his family and personal honor, or his natural duty, as to wish to disgrace his father’s mother for a sum of money, let him plunder her of all she has, but let him send her safe up to Delhi or Agra, and, poor as I am, I will furnish subsistence for her, which she shall possess with safety and honor, though it cannot be adequate to her rank.’

  “This, Sir, is a most exact detail of the conversation (as far as related to that affair) on the part of Mirza Shaffee Khân. On my part I could only say, that I imagined the affair was misrepresented, and that I should write as he requested. Let me therefore request that you will enable me to answer in a more effectual manner any further questions on this subject.

  LXXXII. “As Mirza Shaffee’s grandfather was brother to Sufdar Jung, there can be no doubt of what his declaration means; and if this measure of dismissing the old Begum should be persisted in, I should not, from the state of affairs, and the character of the Amir ul Omrah, be surprised at some immediate and violent resolution being adopted by him.”

  LXXXIII. That Mirza Shaffee, mentioned in this correspondence, (who has since been murdered,) was of near kindred to the la
dy in question, (grandmother to the Nabob,) was resident in a province immediately adjoining to the province of Oude, and, from proximity of situation and nearness of connection, was likely to have any intelligence concerning his female relations from the best authority.

  LXXXIV. That the Resident, Bristow, on receiving this letter, did apply to the said Hyder Beg Khân for an explanation of the Nabob’s intentions, who denied that the Nabob intended more than a visit of duty and ceremony: which, whatever his dispositions might have been, and probably were, towards his own mother, was not altogether probable, as it was well known that he was on very bad terms with the mother of his father, and it appears that intentions of a similar nature had been before manifested even with regard to his own mother, and therefore obtained the more easy credit concerning the other woman of high rank aforesaid, especially as the evil designs of the said Hyder Beg were abundantly known, and that the said Hastings, upon whom he did wholly depend, continued to recommend “the most effectual, that is, the most violent, means for the recovery of the small remains of his extorted demand.” But although it does not appear that the Resident did give credit to the said report, yet the effect of the same on the minds of the neighboring princes did make it proper and necessary to direct a strict inquiry into the same, which was not done; and it does not appear that any further inquiry was made into the true motives for this projected journey to Fyzabad, nor into the proceedings of Hyder Beg Khân, although the said Warren Hastings well knew that all the acts of the Nabob and his principal ministers were constantly attributed to him, and that it was known that secret agents, as well as the Company’s regular agent, were employed by him at Lucknow and other places.

  LXXXV. That the said Hastings, who did, on pretence of the majesty of justice, refuse to inquire into the charges made upon the female parents of the Nabob of Oude, in justification of the violence offered to them, did voluntarily and of his own accord make himself an accuser of the Resident, Middleton, for the want of a literal execution of his orders in the plans of extortion and rapine aforesaid: the criminal nature, spirit, and tendency of the said proceedings, for the defective execution of which he brought the said charge, appearing in the defence or apology made by Mr. Middleton, the Resident, for his temporary and short forbearances.

  LXXXVI. “It could not, I flatter myself, be termed a long or unwarrantable delay [two days], when the importance of the business, and the peculiar embarrassments attending the prosecution of it to its desired end, are considered. The Nabob was son to the Begum whom we were to proceed against: a son against a mother must at least save appearances in his mode of proceeding. The produce of his negotiation was to be received by the Company. Receiving a benefit, accompanying the Nabob, withdrawing their protection, were circumstances sufficient to mark the English as the principal movers in this business. At a court where no opportunity is lost to throw odium on us, so favorable an occasion was not missed to persuade the Nabob that we instigated him to dishonor his family for our benefit. The impressions made by these suggestions constantly retarded the progress, and more than once actually broke off the business: which rendered the utmost caution on my part necessary, especially as I had no assistance to expect from the ministers, who could not openly move in the business. In the East, it is well known that no man either by himself or his troops, can enter the walls of a zenanah, scarcely in the case of acting against an open enemy, much less of an ally, — an ally acting against his own mother. The outer walls, and the Begum’s agents, were all that were liable to immediate attack: they were dealt with, and successfully, as the event proved.” — He had before observed to Mr. Hastings, in his correspondence, what Mr. Hastings well knew to be true, “that no farther rigor than that he had exerted could be used against females in that country; where force could be employed, it was not spared; — that the place of concealment was only known to the chief eunuchs, who could not be drawn out of the women’s apartments, where they had taken refuge, and from which, if an attempt had been made to storm them, they might escape; and the secret of the money being known only to them, it was necessary to get their persons into his hands, which could be obtained by negotiation only.” — The Resident concluded his defence by declaring his “hope, that, if the main object of his orders was fulfilled, he should be no longer held criminal for a deviation from the precise letter of them.”

  LXXXVII. That the said Warren Hastings did enter a reply to this answer, in support of his criminal charge, continuing to insist “that his orders ought to have been literally obeyed,” although he did not deny that the above difficulties occurred, and the above consequences must have been the result, — and though the reports of the military officers charged with the execution of his commission confirmed the moral impossibility, as well as inutility in point of profit, of forcing a son to greater violence and rigor against his mother.

  LXXXVIII. That the said Hastings, after all the acts aforesaid, did presume to declare on record, in his minute of the 23d September, 1788, “that, whatever may happen of the events which he dreads in the train of affairs now subsisting, he shall at least receive this consolation under them, that he used his utmost exertions to prevent them, and that in the annals of the nations of India which have been subjected to the British dominions HE shall not be remembered among their oppressors.” And speaking of certain alleged indignities offered to the Nabob of Oude, and certain alleged suspicions of his authority with regard to the management of his household, he, the said Hastings, did, in the said minute, endeavor to excite the spirit of the British nation, severely animadverting on such offences, making use of the following terms: “If there be a spark of generous virtue in the breasts of any of my countrymen who shall be the readers of this compilation, this letter” (a letter of complaint from the Nabob) “shall stand for an instrument to awaken it to the call of vengeance against so flagitious an abuse of authority and reproach to the British name.”

  From her Excellency the Bhow Begum to Mr. Bristow, Resident at the Vizier’s Court.

  There is no necessity to write to you by way of information a detail of my sufferings. From common report, and the intelligence of those who are about you, the account of them will have reached your ears. I will here relate a part of them.

  After the death of Sujah Dowlah, most of his ungrateful servants were constantly laboring to gratify their enmity; but finding, from the firm and sincere friendship which subsisted between me and the English, that the accomplishment of their purposes was frustrated, they formed the design of occasioning a breach in that alliance, to insure their own success. I must acquaint you that my son Asoph ul Dowlah had formerly threatened to seize my jaghire; but, upon producing the treaty signed by you, and showing it to Mr. Middleton, he interfered, and prevented the impending evil. The conspiration now framed an accusation against me of a conduct which I had never conceived even in idea, of rendering assistance to Rajah Cheyt Sing. The particulars are as follow. My son Asoph ul Dowlah and his ministers, with troops and a train of artillery, accompanied by Mr. Middleton, on the 16th of the month of Mohurum, arrived at Fyzabad, and made a demand of a crore of rupees. As my inability to pay so vast a sum was manifest, I produced the treaty you signed and gave me, but to no effect: their hearts were determined upon violence. I offered my son Asoph ul Dowlah, whose will is dearer to me than all my riches, or even life itself, whatever money and goods I was possessed of: but an amicable adjustment seemed not worth accepting: he demanded the delivering up the fort, and the recall of the troops that were stationed for the preserving the peace of the city. To me tumult and discord appeared unnecessary. I gave up these points, upon which they seized my head eunuchs, Jewar Ali Khân and Behar Ali Khân, and sent them to Mr. Middleton, after having obliged them to sign a bond for sixty lacs of rupees; they were thrown into prison, with fetters about their feet, and denied food and water. I, who had never, even in my dreams, experienced such an oppression, gave up all I had to preserve my honor and dignity: but this would not satisfy their dema
nds: they charged me with a rupee and a half batta upon each mohur, and on this account laid claims upon me to the amount of six lacs some thousand rupees, and sent Major Gilpin to exact the payment. Major Gilpin, according to orders, at first was importunate; but being a man of experience, and of a benevolent disposition, when he was convinced of my want of means, he changed his conduct, and was willing to apply to the shroffs and bankers to lend me the money. But with the loss of my jaghire my credit was sunk; I could not raise the sum. At last, feeling my helpless situation, I collected my wardrobe and furniture, to the amount of about three lacs of rupees, besides fifty thousand rupees which I borrowed from one place or other, and sent Major Gilpin with it to Lucknow. My sufferings did not terminate here. The disturbances of Colonel Hannay and Mr. Gordon were made a pretence for seizing my jaghire. The state of the matter is this. When Colonel Hannay was by Mr. Hastings ordered to march to Benares, during the troubles of Cheyt Sing, the Colonel, who had plundered the whole country, was incapable of proceeding, from the union of thousands of zemindars, who had seized this favorable opportunity: they harassed Mr. Gordon near Junivard [Juanpore?], and the zemindars of that place and Acberpore opposed his march from thence, till he arrived near Taunda. As the Taunda nullah, from its overflowing, was difficult to cross without a boat, Mr. Gordon sent to the Phousdar to supply him. He replied, the boats were all in the river, but would, according to orders, assist him as soon as possible. Mr. Gordon’s situation would not admit of his waiting: he forded the nullah upon his elephant, and was hospitably entertained and protected by the Phousdar for six days. In the mean time a letter was received by me from Colonel Hannay, desiring me to escort Mr. Gordon to Fyzabad. As my friendship for the English was always sincere, I readily complied, and sent some companies of nejeebs to escort Mr. Gordon, and all his effects, to Fyzabad, where, having provided for his entertainment, I effected his junction with Colonel Hannay. The letters of thanks I received from both these gentlemen upon this occasion are still in my possession, copies of which I gave in charge to Major Gilpin, to be delivered to Mr. Middleton, that he might forward them to the Governor-General. To be brief, those who have loaded me with accusations are now clearly convicted of falsehood. But is it not extraordinary, notwithstanding the justness of my cause, that nobody relieves my misfortunes? Why did Major Gilpin return without effect?