Complete Works of Edmund Burke

by Edmund Burke

  XIX. That Mr. Francis and Mr. Wheler having moved that the execution of the aforesaid arrangement, the whole expense of which, ordinary and extraordinary, was charged upon the Company’s treasury, and therefore could not be even colorably disposed of at the pretended will of the said Nabob, might be suspended until the pleasure of the Court of Directors thereon should be known, and the same being resolved agreeably to law by a majority of the Council then present, the said Hastings, urging on violently the immediate execution of his corrupt project, and having obtained, by the return of Richard Barwell, Esquire, a majority in Council in his own casting vote, did rescind the aforesaid resolution, and did carry into immediate execution the aforesaid most unwarrantable, mischievous, and scandalous design.

  XX. That the consequences which might be expected from such a plan of administration did almost instantly flow from it. For the person appointed to execute one of the offices which had been filled by Mahomed Reza Khân did soon find that the eunuchs of Munny Begum began to employ their power with great superiority and insolence in all the concerns of government and the administration of justice, and did endeavor to dispose of the offices relative to the same for their corrupt purposes, and to rob the Nabob’s servants of their due allowances; and in his letter of the 1st September, 1778, he sent a complaint to the board, stating, “that certain bad men had gained an ascendency over the Nabob’s temper, by whose instigation he acts”; and after complaining of the slights he received from the Nabob, he adds: “Thus they cause the Nabob to treat me, sometimes with indignity, at others with kindness, just as they think proper to advise him; their view is, that, by compelling me to displeasure at most unworthy treatment, they may force me either to relinquish my station, or to join with them, and act by their advice, and appoint creatures of their recommendation to the different offices, from which they might draw profit to themselves.”

  XXI. That, in a subsequent letter to the Governor, the said Superintendent of Justice did inform him, the said Warren Hastings, of the audacious and corrupt manner in which, by violence, fraud, and forgery, the eunuchs of Munny Begum had abused the Nabob’s name, to deprive the judicial and executory officers of justice of the salaries which they ought to have drawn from the Company’s treasury, in the following words: “The Begum’s ministers, before my arrival, with the advice of their counsellors, caused the Nabob to sign a receipt, in consequence of which they received, at two different times, near 50,000 rupees [5,000l.], in the name of the officers of the Adawlut, Phousdary, &c., from the Company’s sircars; and having drawn up an account-current in the manner they wished, they had got the Nabob to sign it, and sent it to me.” And in the same letter he asserts, “that these people had the Nabob entirely in their power.”

  XXII. That the said Warren Hastings, upon this representation, did, notwithstanding his late pretended opinion of the fitness and the right of the Nabob to the sole administration of his own affairs, authoritatively forbid him from any interference therein, and ordered that the whole should be left to the magistrate aforesaid; to which the Nabob did, notwithstanding his pretended independence, yield an immediate and unreserved submission: for the said Hastings’s order being given on the 1st of September at Calcutta, he received an answer from Moorshedabad on the 3d, in the following terms: “Agreeably to your pleasure, I have relinquished all concern with the affairs of the Phousdary and Adawlut, leaving the entire management in Sudder ul Hock’s hands.” Which said circumstance, as well as many others, abundantly proves that all the Nabob’s actions were in truth and fact entirely governed by the influence of the said Hastings, and that, however the said Hastings may have publicly discouraged the corrupt transactions of the said court, yet he did secretly uphold the authority and influence of Munny Begum, who did entirely direct, with his knowledge and countenance, all the proceedings therein. For

  XXIII. That on the 13th of the same month of September he did receive a further complaint of the corrupt and fraudulent practices of the chief eunuch of the said Munny Begum; and these corrupt practices did so continue and increase, that on the 10th of October, 1778, he was obliged to confess, in the strongest terms, the pernicious consequences of his before-created unwarrantable and illegal arrangements; for, in a letter of that date to the Nabob, he expresses himself as follows. “At your Excellency’s request, I sent Sudder ul Hock Khân to take on him the administration of the affairs of the Adawlut and Phousdary, and hoped by that means not only to have given satisfaction to your Excellency, but that, through his abilities and experience, these affairs would have been conducted in such manner as to have secured the peace of the country and the happiness of the people; and it is with the greatest concern I learn that this measure is so far from being attended with the expected advantages, that the affairs both of the Phousdary and Adawlut are in the greatest confusion imaginable, and daily robberies and murders are perpetrated throughout the country. This is evidently owing to the want of a proper authority in the person appointed to superintend them. I therefore addressed your Excellency on the importance and delicacy of the affairs in question, and of the necessity of lodging full power in the hands of the person chosen to administer them; in reply to which your Excellency expressed sentiments coincident with mine; notwithstanding which, your dependants and people, actuated by selfish, and avaricious views, have by their interference so impeded the business as to throw the whole country into a state of confusion, from which nothing can retrieve it but an unlimited power lodged in the hands of the superintendent. I therefore request that your Excellency will give the strictest injunctions to all your dependants not to interfere in any manner with any matter relative to the affairs of the Adawlut and Phousdary, and that you will yourself relinquish all interference therein, and leave them entirely to the management of Sudder ul Hock Khân: this is absolutely necessary to restore the country to a state of tranquillity.” And he concluded by again recommending the Nabob to withdraw all interference with the administrator aforesaid: “otherwise a measure which I adopted at your Excellency’s request, and with a view to your satisfaction and the benefit of the country, will be attended with quite contrary effects, and bring discredit on me.”

  XXIV. That the said Hastings, in the letter aforesaid, in which he so strongly condemns the acts and so clearly marks out the mischievous effects of the corrupt influence under which alone the Nabob acted, and under which alone, from his known incapacity, and his dependence on the person supported by the said Hastings, he could act, did propose to put all the offices of justice (which on another occasion he had requested him to permit to remain in the hands which then held them) into his own disposal, — telling him, or rather the woman and eunuchs who governed him, “that, if his Excellency has any plan for the management of the affairs in future, be pleased to communicate it to me, and every attention shall be paid to give your Excellency satisfaction”: by which means not only particular parts, as before, but the whole system of justice was to be afloat, and to be subject to the purposes of the aforesaid corrupt cabal of women and eunuchs.

  XXV. That the Court of Directors, on receiving an account of the above arrangements, and being well apprised of the spirit, intention, and probable effect of the same, did, in a clear, firm, and decisive manner, express their condemnation of the measure, and their rejection and reprobation of all the pretended grounds and reasons on which the same was supported, — marking distinctly his prevarication and contradictions in the same, and pointing to him their full conviction of the unworthy motives on which he had made so shameful an arrangement: telling him, in the 17th paragraph of their general letter of the 4th of February, 1779, “The Nabob’s letters of the 25th and 30th of August, of the 3d of September, and 17th of November, leave us no doubt of the true design of this extraordinary business being to bring forward Munny Begum, and again to invest her with improper power and influence, notwithstanding our former declaration, that so great a part of the Nabob’s allowance had been embezzled and misapplied under her superintendence.”
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  XXVI. That, in consequence of the censure and condemnation of the unwarrantable measures of the said Warren Hastings by the Court of Directors, on the aforesaid and other weighty and substantial grounds, they did order and direct as follows, in the 20th paragraph of the general letter of the same date. “As we deem it for the welfare of the country that the office of Naib Subahdar be for the present continued, and that this high office should be filled by a person of wisdom, experience, and of approved fidelity to the Company, and as we have no reason to alter the opinion given of Mahomed Reza Khân in our letter of the 24th of December, 1776, we positively direct, that you forthwith signify to the Nabob Mobarek ul Dowlah our pleasure that Mahomed Reza Khân be immediately restored to the office of Naib Subahdar; and we further direct, that Mahomed Reza Khân be again assured of the continuance of our favor, so long as a firm attachment to the interest of the Company and a proper discharge of the duties of his station shall render him worthy of our protection.”

  XXVII. That the aforesaid direction did convey in it such evident and cogent reason, and was so far enforced by justice to individuals and by regard to the peace and happiness of the natives, as well as by the common decorum to be observed in all the transactions of government, that the said Hastings ought to have yielded a cheerful obedience thereto, even if he had not been by a positive statute, and his relation of servant to the Company, bound to that just submission. Yet the said Hastings did, without denying or evading any one of the reasons assigned by the Court of Directors, or controverting the scandalous motives assigned by them for his conduct, contumaciously refuse obedience to the above positive order, on pretence that the Nabob, who, he had declared it on record “to be as visible as the light of the sun, is a mere pageant, and without even the shadow of authority,” did dissent from the same; and he did encourage the said Nabob, or rather the eunuchs, the corrupt ministers of Munny Begum, to oppose himself and themselves to the authority of the said Court of Directors: by which means the arrangement, three times either ratified or expressly ordered by them, was wholly defeated; the aforesaid corrupt system was continued; Mahomed Reza Khân was not restored to his office; and a lesson was taught to the natives of all ranks, that the declared approbation, the avowed sanction, and the decided authority of the Court of Directors were wholly nugatory to their protection against the corrupt influence of their servants.

  XXVIII. That the said Warren Hastings, on a reconciliation with Mr. Francis, one of the Council-General, who made it a condition thereof that certain of the Company’s orders should be obeyed, and that Mahomed Reza Khân should be restored to his offices, did, a considerable time after, notwithstanding the pretended reluctance of the Nabob, and his pretended freedom, make, for his convenience in the said accommodation, the arrangement which he had unwarrantably and illegally refused to the orders of the Court of Directors, and did of his own authority and that of the board restore Mahomed Reza Khân to his offices.

  XXIX. That soon after the departure of the said Mr. Francis he did again deprive the said Mahomed Reza Khân of his said offices, and did make several great changes in the constitution of the criminal justice in the said country; and after having, under pretence of the Nabob’s sufficiency for the management of his own affairs, displaced, without any specific charge, trial, or inquiry whatsoever, the said Mahomed Reza Khân, he did submit the said Nabob to the entire direction, in all parts of his concerns, of a Resident of his own nomination, Sir John D’Oyly, Baronet, and did order an account of the most minute parts of his domestic economy to be made out, and to be delivered to the said Sir John D’Oyly, in the following words, contained in a paper by him intituled, INSTRUCTIONS from the Governor-General to the Nabob Mobarek ul Dowlah respecting his conduct in the management of his affairs. “You will be pleased to direct your mutseddies to form an account of the fixed sums of your monthly expenses, such as servants’ wages in the different departments, pensions, and other allowances, as well as of the estimated amount of variable expenses, to be delivered to Sir John D’Oyly for my inspection. I have given such orders to Sir John D’Oyly as will enable him to propose to you such reductions of the pensions and other allowances, and such a distribution of the variable expenses, as shall be proportionable to the total sum of your monthly income; and I must request you will conform to it.” And he did, in the subsequent articles of his said instructions, order the whole management to be directed by Sir John D’Oyly, subject to his own directions as aforesaid; and did even direct what company he should keep; and did throw reflections on some persons, in places the nearest to him, as of bad character and base origin, — persons whom he should decline to name as such, “unless he heard that they still availed themselves of his goodness to retain the places which they improperly hold near his person.” And he did particularly order the said Nabob not to admit any English, but such as the said Sir John D’Oyly should approve, to his presence; and did repeat the said order in the following peremptory manner: “You must forbid any person of that nation to be intruded into your presence without his introduction.” And he did require his obedience in the following authoritative style: “I shall think myself obliged to interfere in another manner, if you neglect it.”

  XXX. That he, the said Warren Hastings, did insult the captive condition of the said Nabob by informing him, in his imperious instructions aforesaid, that this total, blind, and implicit obedience, in every respect whatsoever, to Sir John D’Oyly and himself personally, and without any reference to the board, “was the very conditions of the compliance of the Governor-General and Council with his late requisition”; which requisition was, that he should enjoy the free and uncontrolled management of his own affairs. And though the said captive did offer, as he, the said Hastings, himself admits, four lacs of his stipend, at that time reduced to sixteen lac, for the free use of the remainder, yet he did place him, the said Nabob, in the state of servitude in the said instructions laid down but a very short time after he had assumed and used the said Nabob’s independent rights as a ground for refusing to obey the Company’s orders, — and although he has declared, or pretended, on another occasion, which he would have thought similar, that any attempt to limit the household expenses of the Nabob of Oude was an indignity, “which no man living, however mean his rank in life, or dependent his condition in it, would permit to be exercised by any other, without the want or forfeiture of every manly principle.”

  XXXI. That the said Warren Hastings did order the said stipend (which was to be distributed, in the minutest particular, according to the said Hastings’s personal directions) to be paid monthly, not to any officer of the Nabob, but to the said Resident, Sir John D’Oyly. And whereas the Governor-General and Council did, on the appointment of Mahomed Reza Khân, according to their duty, instruct him, that “he do conform to the orders of the Company, which direct that an annual account of the Nabob’s expenses be transmitted through the Resident at the Durbar, for the inspection of this board” the said Hastings, in making his new establishment in favor of his Resident, did wholly omit the said instruction, and did confine the said communication to himself, privately. And in fact it does not appear that any account whatsoever of the disposition of the said large sum, exceeding 160,000l. sterling a year, has been laid before the board, or at least that any such account has been transmitted to the Court of Directors; and it is not fitting that any British servant of the Company should have the management of any public money, much less of so great a sum, without a public well-vouched account of the specific expenditure thereof.

  XXXII. That the Court of Directors did, on the 17th of May, 1766, propose certain rules for regulating the correspondence of the Resident with the Nabob of Bengal, in which they did direct, as a principle for the said regulations, as follows (paragraph 16th). “We would have his correspondence to be carried on with the Select Committee through the channel of the President: he should keep a diary of all his transactions. His correspondence with the natives must be publicly conducted: copies of all hi
s letters, sent and received, be transmitted monthly to the Presidency, with duplicates and triplicates to be transmitted home in our general packet by every ship.”

  XXXIII. That the President and Select Committee (Lord Clive being then President) did approve of the whole substantial part of the said regulation (the diary excepted); and the principle, in all matters of account, ought to have been strictly adhered to, whatever limitations may have been given to the office of Resident. Yet he, the said Warren Hastings, in defiance of the aforesaid good rules, orders, and late precedent in conformity to the same, did not only withhold any order for the purpose, but, in order to carry on the business of the said durbar in a clandestine manner for his own purposes, did, as aforesaid, exclude all English from an intercourse with the Nabob, who might carry complaints or representations to the board, or the Court of Directors, of his condition, or the conduct of the Resident, — and did further, to defeat all possible publicity, insinuate to him to give the preference to verbal communication above letters, in the words following, of the ninth article of his instructions to the Nabob: “Although I desire to receive your letters frequently, yet, as many matters will occur which cannot be so easily explained by letters as by conversation, I desire that you will on such occasions give your orders to him respecting such points as you may desire to have imparted to me; and I, postponing every other concern, will give an immediate and the most satisfactory reply concerning them.” Accordingly, no relation whatsoever has been received by the Court of Directors of the said Nabob’s affairs, nor any account of the money monthly paid, except from public fame, which reports that his affairs are in groat disorder, his servants unpaid, and many of them dismissed, and all the Mussulmen dependent on his family in a state of indigence.