The Works of the Right Honourable Edmund Burke Volume VIII Part 22

excited any commotions previous to the imprisonment of Rajah Cheyt Sing, and only armed themselves in consequence of that transaction; and, as it is probable, that such a conduct proceeded from motives of self-defence, under an apprehension that they themselves might likewise be laid under unwarrantable contributions." And the said Court of Directors, in giving their orders for the restoration of the jaghires, or for the payment of an equivalent through the Resident, did give this order for the restoration of their estates as aforesaid on condition that it should appear from inquiry that they were not guilty of the practices charged upon them by the said Hastings. Mr. Stables, one of the Council-General, did, in execution of the said conditional order, propose an inquiry leading to the ascertainment of the condition, and did enter a minute as follows: "That the Court of Directors, by their letters of the 14th of February, 1783, seem not to be satisfied that the disaffection of the Begums to this government is sufficiently proved by the evidence before them; I therefore think that the late and present Resident, and commanding officer in the Vizier's country at the time, should be called on to collect what further information they can on this subject, in which the honor and dignity of this government is so _materially concerned_, and that such information may be transmitted to the Court of Directors." And he did further propose heads and modes of inquiry suitable to the doubts expressed by the Court of Directors. But the said Warren Hastings, who ought long before, on principles of natural justice, to have inst.i.tuted a diligent inquiry in support of his so improbable a charge, and was bound, even for his own honor, as well as for the satisfaction of the Court of Directors, to take a strong part in the said inquiry, did set himself in opposition to the same, and did carry with him a majority of Council against the said inquiry into the justice of the cause, or any proposition for the relief of the sufferers: a.s.serting, "that the reasons of the Court of Directors, if transmitted with the orders for the inquiry, will prove in effect an order for collecting evidence _to the justification and acquittal of the Begums, and not for the investigation of the truth of the charges which have been preferred against them_." That Mr. Stables did not propose (as in the said Hastings's minute is groundlessly supposed) that the reasons of the Court of Directors should be transmitted with the orders for an inquiry. But the apprehension of the said Warren Hastings of the probable result of the inquiry proposed did strongly indicate his sense of his own guilt and the innocence of the parties accused by him; and if, by his construction, Mr. Stables's minute did indicate an inquiry merely for the justification of the parties by him accused, (which construction the motion did not bear,) it was no more than what the obvious rules of justice would well support, his own proceedings having been _ex parte_,--he having employed Sir Elijah Impey to take affidavits against the women of high rank aforesaid, not only without any inquiry made on their part, but without any communication to them of his practice and proceeding against them; and equity did at least require that they, with his own knowledge and by the subordinates of his own government, should be allowed a public inquiry to acquit themselves of the heavy offences with which they had been by him clandestinely charged.

LXXVII. That he, the said Hastings, in order to effectually stifle the said inquiry, did enter on record a further minute, a.s.serting that the said inquiry would be productive "of evils greater than any which exist in the consequences which have already taken place, _and which time has almost obliterated_"; as also the following: "If I am rightly informed, the Nabob Vizier and the Begums are on terms of mutual goodwill. It would ill become this government to interpose its influence by any act which might tend to revive their animosities,--and a very slight occasion would be sufficient to effect it. They will instantly take fire on such a declaration, proclaim the judgment of the Company in their favor, demand a reparation of the acts which they will construe wrongs with such a sentence warranting that construction, and either accept the invitation to the proclaimed scandal of the Nabob Vizier, which _will not add to the credit of our government_, or remain in his dominions, but not under his authority, to add to his vexations and the disorders of the country by continual intrigues and seditions. Enough already exists to affect his peace and the quiet of his people. If we cannot heal, let us not inflame the wounds _which have been inflicted_."--"If the Begums think themselves aggrieved to such a degree as to justify them in _an appeal to a foreign jurisdiction_, to appeal to it against a man standing in the relation of son and grandson to them, _to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs_, let us at least permit them to be the judges of their own feelings, and prefer their complaints before we offer to redress them. They will not need to be prompted. I hope I shall not depart from the simplicity of official language in saying, the majesty of justice ought to be approached with solicitation, not descend to provoke or invite it, much less to debase itself by the suggestion of wrongs and the promise of redress, with the denunciation of punishments before trial, and even before accusation."

LXXVIII. That the said Warren Hastings, in attempting to pa.s.s 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 Khan, 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 s.e.x, or the fear of irritating persons in rank and station, should prevent them from seeking it by formal solicitation.

Lx.x.x. 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, a.s.serting their innocence, and accompanying the same with the copies of letters (the originals of which they a.s.serted 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 grat.i.tude 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.

Lx.x.xI. 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 Khan, 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 Khan, 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 Khan, 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 circ.u.mstance 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 Khan. 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.

Lx.x.xII. "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."

Lx.x.xIII. That Mirza Shaffee, mentioned in this correspondence, (who has since been murdered,) was of near kindred to the lady 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.

Lx.x.xIV. That the Resident, Bristow, on receiving this letter, did apply to the said Hyder Beg Khan 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 Khan, although the said Warren Hastings well knew that all the acts of the Nabob and his princ.i.p.al 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.

Lx.x.xV. 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.

Lx.x.xVI. "It could not, I flatter myself, be termed a long or unwarrantable delay [two days], when the importance of the business, and the peculiar embarra.s.sments 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 circ.u.mstances sufficient to _mark the English as the princ.i.p.al 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 r.e.t.a.r.ded 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 a.s.sistance 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."

Lx.x.xVII. 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.

Lx.x.xVIII. 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 b.r.e.a.s.t.s 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 a.s.sistance 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 Khan and Behar Ali Khan, 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 demands: 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 hara.s.sed 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, a.s.sist 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 n.o.body relieves my misfortunes? Why did Major Gilpin return without effect?

My prayers have been constantly offered to Heaven for your arrival; report has announced it; for which reason I have taken up the pen, and request you will not place implicit confidence in my accusers, but, weighing in the scale of justice their falsehoods and my representations, you will exert your influence in putting a period to the misfortunes with which I am overwhelmed.

_Copy of a Letter from Colonel Hannay to Jewar Ali Khan and Behar Ali Khan._

I had the pleasure to receive your friendly letter, fraught with benevolence; and whatever favors you, my friends, have been pleased to confer respecting Mr. Gordon afforded me the greatest pleasure.

Placing a firm reliance on your friendship, I am in expectation that the aforesaid gentleman, with his baggage, will arrive at Fyzabad in safety, that the same may oblige and afford satisfaction to me.

A letter from Mr. Gordon is inclosed to you. I am in expectation of its being inclosed in a cover to the Aumil of Taunda, to the end that the Aumil may forward it to the above-mentioned gentleman, and procure his reply. Whenever the answer arrives, let it be delivered to Hoolas Roy, who will forward it to me.

Always rejoice me by a few lines respecting your health. [Continue to honor me with your correspondence.]

_Copy of a Letter from Colonel Hannay to Jewar and Behar Ali Khan._

Khan Saib, my indulgent friends, remain under the protection of G.o.d!

Your friendly letter, fraught with kindness, accompanied by an honorary letter from the Begum Saib, of exalted dignity, and inclosing a letter from Mr. Gordon, sent through your hircarrahs, obliged and rejoiced me.

With respect to what you communicate regarding your not having received an answer to your friendly epistle, I became perfectly astonished, as a reply was written from Mohadree. It may be owing to the danger of the road that it never arrived,--not to the smallest neglect on my side [or of mine].

I now send two letters to you,--one by the Dawk people, and the second by one of my hircarrahs, (who will present them to you,) which you certainly will receive.

I am extremely well contented and pleased with the friendship you have shown.

You wrote me to remain perfectly easy concerning Mr. Gordon. Verily, from the kindness of you, my indulgent friends, my heart is quite easy.

You also observed and mentioned, that, as Mr. Gordon's coming with those attached to him [probably his sepoys and others] might be attended with difficulty, if I approved, he should be invited alone to Fyzabad. My friends, I place my expectation entirely upon your friendships, and leave it to you to adopt the manner in which the said gentleman may arrive in security, without molestation, at Fyzabad; but at the same time let the plan be so managed that it may not come to the knowledge of any zemindars: in this case you are men of discernment. However, he is to come to Fyzabad: extend your a.s.sistance and endeavors.

It is probable that the Begum Saib, of high dignity, has received authentic intelligence from the camp at Benares. Favor me with the contents or purport.

From Mr. Gordon's letter I understand that Mirza Imaum Buksh, whom you dispatched thither [Taunda], has and still continues to pay great attention to that gentleman, which affords me great pleasure.

An answer to the Begum's letter is to be presented. I also send a letter for Mr. Gordon, which please to forward.

_An Address from Colonel Hannay to the Begum._

Begum Saib, of exalted dignity and generosity, &c., whom G.o.d preserve!

Your exalting letter, fraught with grace and benevolence, that through your unbounded generosity and goodness was sent through grace and favor, I had the honor to receive in a fortunate moment, and whatever you were pleased to write respecting Mr. Gordon,--"that, as at this time the short-sighted and deluded ryots had carried their disturbances and ravages beyond all bounds, Mr. Gordon's coming with his whole people [or adherents] might be attended with difficulty, and therefore, if I chose, he should be invited to come alone." Now, as your Highness is the best judge, your faithful servant reposeth his most unbounded hopes and expectation upon your Highness, that the aforesaid Mr. Gordon may arrive at Fyzabad without any apprehension or danger. I shall be then extremely honored and obliged.

Considering me in the light of a firm and faithful servant, continue to honor and exalt me by your letters.

What further can I say?

_A Copy of an Address from Mr. Gordon to the Begum._

Begum Saib, of exalted dignity and generosity, whom G.o.d preserve!

After presenting the usual professions of servitude, &c., in the customary manner, my address is presented.

Your gracious letter, in answer to the pet.i.tion of your servant from Goondah, exalted me. From the contents I became unspeakably impressed with the honor it conferred. May the Almighty protect that royal purity, and bestow happiness, increase of wealth, and prosperity!

The welfare of your servant is entirely owing to your favor and benevolence. A few days have elapsed since I arrived at Goondah with the Colonel Saib.

This is presented for your Highness's information. I cherish hopes from your generosity, that, considering me in the light of one of your servants, you will always continue to exalt and honor me with your gracious letters.

May the sun of prosperity continually shine!