by Edmund Burke
This arrangement to continue till the principal of the debt 1767 is discharged.
The application of the twelve lacs is, then, to be, —
1. To the interest of the debt of 1777, as above. The remainder to be then equally divided, — one half towards the discharge of the current interest and principal of the Cavalry Loan, and the other half towards the discharge of the Company’s debt.
When the Cavalry Loan shall be thus discharged, there shall then be paid towards the discharge of the Company’s debt seven lacs.
To the growing interest and capital of the 1777 loan, five lacs.
When the Company’s debt shall be discharged, the whole is then to be applied in discharge of the debt 1777.
If the Nabob shall be prevailed upon to apply the arrears and growing payments of the Tanjore peshcush in further discharge of his debts, over and above the twelve lacs of pagodas, we direct that the whole of that payment, when made, shall be applied towards the reduction of the Company’s debt.
We have laid down these general rules of distribution, as appearing to us founded on justice, and the relative circumstances of the different debts; and therefore we give our authority and protection to them only on the supposition that they who ask our protection acquiesce in the condition upon which it is given; and therefore we expressly order, that, if any creditor of the Nabob, a servant of the Company, or being under our protection, shall refuse to express his acquiescence in these arrangements, he shall not only be excluded from receiving any share of the fund under your distribution, but shall be prohibited from taking any separate measures to recover his debt from the Nabob: it being one great inducement to our adopting this arrangement, that the Nabob shall be relieved from all further disquietude by the importunities of his individual creditors, and be left at liberty to pursue those measures for the prosperity of his country which the embarrassments of his situation have hitherto deprived him of the means of exerting. And we further direct, that, if any creditor shall be found refractory, or disposed to disturb the arrangement we have suggested, he shall be dismissed the service, and sent home to England.
The directions we have given only apply to the three classes of debts which have come under our observation. It has been surmised that the Nabob has of late contracted further debts: if any of these are due to British subjects, we forbid any countenance or protection whatever to be given to them, until the debt is fully investigated, the nature of it reported home, and our special instructions upon it received.
We cannot conclude this subject without adverting in the strongest terms to the prohibitions which have from time to time issued under the authority of different Courts of Directors against any of our servants, or of those under our protection, having any money transactions with any of the country powers, without the knowledge and previous consent of our respective governments abroad. We are happy to find that the Nabob, sensible of the great embarrassments, both to his own and the Company’s affairs, which the enormous amount of their private claims have occasioned, is willing to engage not to incur any new debts with individuals, and we think little difficulty will be found in persuading his Highness into a positive stipulation for that purpose. And though the legislature has thus humanely interfered in behalf of such individuals as might otherwise have been reduced to great distress by the past transactions, we hereby, in the most pointed and positive terms, repeat our prohibition upon this subject, and direct that no person, being a servant of the Company, or being under our protection, shall, on any pretence whatever, be concerned in any loan or other money transaction with any of the country powers, unless with the knowledge and express permission of our respective governments. And if any of our servants, or others, being under our protection, shall be discovered in any respect counteracting these orders, we strictly enjoin you to take the first opportunity of sending them home to England, to be punished as guilty of disobedience of orders, and no protection or assistance of the Company shall be given for the recovery of any loans connected with such transactions. Your particular attention to this subject is strictly enjoined; and any connivance on your parts to a breach of our orders upon it will incur our highest displeasure. In order to put an end to those intrigues which have been so successfully carried on at the Nabob’s durbar, we repeat our prohibition in the strongest terms respecting any intercourse between British subjects and the Nabob and his family; as we are convinced that such an intercourse has been carried on greatly to the detriment and expense of the Nabob, and merely to the advantage of individuals. We therefore direct that all persons who shall offend against the letter and spirit of this necessary order, whether in the Company’s service or under their protection, be forthwith sent to England.
Approved by the Board.
HENRY DUNDAS,
WALSINGHAM,
W.W. GRENVILLE,
MULGRAVE.
WHITEHALL, 15th Oct. 1784.
Extract from the Representation of the Court of Directors of the East India Company.
MY LORDS AND GENTLEMEN, —
It is with extreme concern that we express a difference of opinion with your right honorable board, in this early exercise of your controlling power; but in so novel an institution, it can scarce be thought extraordinary, if the exact boundaries of our respective functions and duties should not at once, on either side, be precisely and familiarly understood, and therefore confide in your justice and candor for believing that we have no wish to invade or frustrate the salutary purposes of your institution, as we on our part are thoroughly satisfied that you have no wish to encroach on the legal powers of the East India Company. We shall proceed to state our objections to such of the amendments as appear to us to be either insufficient, inexpedient, or unwarranted.
6th. Concerning the private debts of the Nabob of Arcot, and the application of the fund of twelve lacs of pagodas per annum.
Under this head you are pleased, in lieu of our paragraphs, to substantiate at once the justice of all those demands which the act requires us to investigate, subject only to a right reserved to the Nabob, or any other party concerned, to question the justice of any debt falling within the last of the three classes. We submit, that at least the opportunity of questioning, within the limited time, the justice of any of the debts, ought to have been fully preserved; and supposing the first and second classes to stand free from imputation, (as we incline to believe they do,) no injury can result to individuals from such discussion: and we further submit to your consideration, how far the express direction of the act to examine the nature and origin of the debts has been by the amended paragraphs complied with; and whether at least the rate of interest, according to which the debts arising from soucar assignment of the land-revenues to the servants of the Company, acting in the capacity of native bankers, have been accumulated, ought not to be inquired into, as well as the reasonableness of the deduction of twenty-five per cent which the Bengal government directed to be made from a great part of the debts on certain conditions. But to your appropriation of the fund our duty requires that we should state our strongest dissent. Our right to be paid the arrears of those expenses by which, almost to our own ruin, we have preserved the country and all the property connected with it from falling a prey to a foreign conqueror, surely stands paramount to all claims for former debts upon the revenues of a country so preserved, even if the legislature had not expressly limited the assistance to be given the private creditors to be such as should be consistent with our own rights. The Nabob had, long before passing the act, by treaty with our Bengal government, agreed to pay us seven lacs of pagodas, as part of the twelve lacs, in liquidation of those arrears; of which seven lacs the arrangement you have been pleased to lay down would take away from us more than the half, and give it to private creditors, of whose demands there are only about a sixth part which do not stand in a predicament that you declare would not entitle them to any aid or protection from us in the recovery thereof, were it not upon grounds of expediency, as will more partic
ularly appear by the annexed estimate. Until our debt shall be discharged, we can by no means consent to give up any part of the seven lacs to the private creditors; and we humbly apprehend that in this declaration we do not exceed the limits of the authority and rights vested in us.
THE RIGHT HONORABLE THE COMMISSIONERS FOR THE AFFAIRS OF INDIA.
The Representation of the Court of Directors of the East India Company.
My Lords and Gentlemen, —
The Court, having duly attended to your reasonings and decisions on the subjects of Arnee and Hanamantagoody, beg leave to observe, with due deference to your judgment, that the directions we had given in these paragraphs which did not obtain your approbation still appear to us to have been consistent with justice, and agreeable to the late act of Parliament, which pointed out to us, as we apprehended, the treaty of 1762 as our guide.
Signed by order of the said Court,
THO. MORTON, Sec.
EAST INDIA HOUSE, the 3rd November, 1784.
Extract of a Letter from the Commissioners for the Affairs of India, to the Court of Directors, dated 3rd November, 1784, in Answer to their Remonstrance.
SIXTH ARTICLE.
We think it proper, considering the particular nature of the subject, to state to you the following remarks on that part of your representation which relates to the plan for the discharging of the Nabob’s debts.
1st. You compute the revenue which the Carnatic may be expected to produce only at twenty lacs of pagodas. If we concurred with you in this opinion, we should certainly feel our hopes of advantage to all the parties from this arrangement considerably diminished. But we trust that we are not too sanguine on this head, when we place the greatest reliance on the estimate transmitted to you by your President of Fort St. George, having there the best means of information upon the fact, and stating it with a particular view to the subject matter of these paragraphs. Some allowance, we are sensible, must be made for the difference of collection in the Nabob’s hands, but, we trust, not such as to reduce the receipt nearly to what you suppose.
2ndly. In making up the amount of the private debts, you take in compound interest at the different rates specified in our paragraph. This it was not our intention to allow; and lest any misconception should arise on the spot, we have added an express direction that the debts be made up with simple interest only, from the time of their respective consolidation. Clause F f.
3rdly. We have also the strongest grounds to believe that the debts will be in other respects considerably less than they are now computed by you; and consequently, the Company’s annual proportion of the twelve lacs will be larger than it appears on your estimate. But even on your own statement of it, if we add to the 150,000l., or 3,75,000 pagodas, (which you take as the annual proportion to be received by the Company for five years to the end of 1789,) the annual amount of the Tanjore peshcush for the same period, and the arrears on the peshcush, (proposed by Lord Macartney to be received in three years,) the whole will make a sum not falling very short of pagodas 35,00,000, the amount of pagodas 7,00,000 per annum for the same period. And if we carry our calculations farther, it will appear, that, both by the plan proposed by the Nabob and adopted in your paragraphs, and by that which we transmitted to you, the debt from the Nabob, if taken at 3,000,000l., will be discharged nearly at the same period, viz., in the course of the eleventh year. We cannot, therefore, be of opinion that there is the smallest ground for objecting to this arrangement, as injurious to the interests of the Company, even if the measure were to be considered on the mere ground of expediency, and with a view only to the wisdom of reëstablishing credit and circulation in a commercial settlement, without any consideration of those motives of attention to the feelings and honor of the Nabob, of humanity to individuals, and of justice to persons in your service and living under your protection, which have actuated the legislature, and which afford not only justifiable, but commendable grounds for your conduct.
Impressed with this conviction, we have not made any alteration in the general outlines of the arrangement which we had before transmitted to you. But, as the amount of the Nabob’s revenue is matter of uncertain conjecture, and as it does not appear just to us that any deficiency should fall wholly on any one class of these debts, we have added a direction to your government of Fort St. George, that, if, notwithstanding the provisions contained in our former paragraphs, any deficiency should arise, the payments of what shall be received shall be made in the same proportion which would have obtained in the division of the whole twelve lacs, had they been paid.
No. 10.
Referred to from .
[The following extracts are subjoined, to show the matter and the style of representation employed by those who have obtained that ascendency over the Nabob of Arcot which is described in the letter marked No. 6 of the present Appendix, and which is so totally destructive of the authority and credit of the lawful British government at Madras. The charges made by these persons have been solemnly denied by Lord Macartney; and to judge from the character of the parties accused and accusing, they are probably void of all foundation. But as the letters are in the name and under the signature of a person of great rank and consequence among the natives, — as they contain matter of the most serious nature, — as they charge the most enormous crimes, and corruptions of the grossest kind, on a British governor, — and as they refer to the Nabob’s minister in Great Britain for proof and further elucidation of the matters complained of, — common decency and common policy demanded an inquiry into their truth or falsehood. The writing is obviously the product of some English pen. If, on inquiry, these charges should be made good, (a thing very unlikely,) the party accused would become a just object of animadversion. If they should be found (as in all probability they would be found) false and calumnious, and supported by forgery, then the censure would fall on the accuser; at the same time the necessity would be manifest for proper measures towards the security of government against such infamous accusations. It is as necessary to protect the honest fame of virtuous governors as it is to punish the corrupt and tyrannical. But neither the Court of Directors nor the Board of Control have made any inquiry into the truth or falsehood of these charges. They have covered over the accusers and accused with abundance of compliments; they have insinuated some oblique censures; and they have recommended perfect harmony between the chargers of corruption and peculation and the persons charged with these crimes.]
13th October, 1782. Extract of a Translation of a Letter from the Nabob of Arcot to the Chairman of the Court of Directors of the East India Company.
Fatally for me, and for the public interest, the Company’s favor and my unbounded confidence have been lavished on a man totally unfit for the exalted station in which he has been placed, and unworthy of the trusts that have been reposed in him. When I speak of one who has so deeply stabbed my honor, my wounds bleed afresh, and I must be allowed that freedom of expression which the galling reflection of my injuries and my misfortunes naturally draws from me. Shall your servants, unchecked, unrestrained, and unpunished, gratify their private views and ambition at the expense of my honor, my peace, and my happiness, and to the ruin of my country, as well as of all your affairs? No sooner had Lord Macartney obtained the favorite object of his ambition than he betrayed the greatest insolence towards me, the most glaring neglect of the common civilities and attentions paid me by all former governors in the worst of times, and even by the most inveterate of my enemies. He insulted my servants, endeavored to defame my character by unjustly censuring my administration, and extended his boundless usurpation to the whole government of my dominions, in all the branches of judicature and police; and, in violation of the express articles of the agreements, proceeded to send renters into the countries, unapproved of by me, men of bad character, and unequal to my management or responsibility. Though he is chargeable with the greatest acts of cruelty, even to the shedding the blood and cutting off the noses and ears of my subjects, by those exer
cising his authority in the countries, and that even the duties of religion and public worship have been interrupted or prevented, and though he carries on all his business by the arbitrary exertion of military force, yet does he not collect from the countries one fourth of the revenue that should be produced. The statement he pretends to hold forth of expected revenue is totally fallacious, and can never be realized under the management of his Lordship, in the appointment of renters totally disqualified, rapacious, and irresponsible, who are actually embezzling and dissipating the public revenues that should assist in the support of the war. Totally occupied by his private views, and governed by his passions, he has neglected or sacrificed all the essential objects of public good, and by want of coöperation with Sir Eyre Coote, and refusal to furnish the army with the necessary supplies, has rendered the glorious and repeated victories of the gallant general ineffectual to the expulsion of our cruel enemy. To cover his insufficiency, and veil the discredit attendant on his failure in every measure, he throws out the most illiberal expressions, and institutes unjust accusations against me; and in aggravation of all the distresses imposed upon me, he has abetted the meanest calumniators to bring forward false charges against me and my son, Amir-ul-Omrah, in order to create embarrassment, and for the distress of my mind. My papers and writings sent to you must testify to the whole world the malevolence of his designs, and the means that have been used to forward them. He has violently seized and opened all letters addressed to me and my servants, on my public and private affairs. My vackeel, that attended him according to ancient custom, has been ignominiously dismissed from his presence, and not suffered to approach the Government-House. He has in the meanest manner, and as he thought in secret, been tampering and intriguing with my family and relations for the worst of purposes. And if I express the agonies of my mind under these most pointed injuries and oppressions, and complain of the violence and injustice of Lord Macartney, I am insulted by his affected construction that my communications are dictated by the insinuations of others, at the same time that his conscious apprehensions for his misconduct have produced the most abject applications to me to smother my feelings, and entreaties to write in his Lordship’s favor to England, and to submit all my affairs to his direction. When his submissions have failed to mould me to his will, he has endeavored to effect his purposes by menaces of his secret influence with those in power in England, which he pretends to assert shall be effectual to confirm his usurpation, and to deprive me, and my family, in succession, of my rights of sovereignty and government forever. To such a length have his passions and violences carried him, that all my family, my dependants, and even my friends and visitors, are persecuted with the strongest marks of his displeasure. Every shadow of authority in my person is taken from me, and respect to my name discouraged throughout the whole country. When an officer of high rank in his Majesty’s service was some time since introduced to me by Lord Macartney, his Lordship took occasion to show a personal derision and contempt of me. Mr. Richard Sulivan, who has attended my durbar under the commission of the Governor-General and Council of Bengal, has experienced his resentment; and Mr. Benfield, with whom I have no business, and who, as he has been accustomed to do for many years, has continued to pay me his visits of respect, has felt the weight of his Lordship’s displeasure, and has had every unmerited insinuation thrown out against him, to prejudice him, and deter him from paying me his compliments as usual.