The Works of the Right Honourable Edmund Burke, Vol. 09 (of 12). Edmund Burke

that the whole was a fallacy and imposition, and a detriment to the Company instead of a benefit, circumstances (if they are true) which he might and ought to have well known, was guilty of an high crime and misdemeanor in carrying on the imposture and delusion aforesaid, and in continuing an insupportable burden and grievance upon the Nabob for several years, without attending to his repeated supplications to be relieved therefrom, to the utter ruin of his country, and to the destruction of the discipline of the British troops, by diffusing among them a general spirit of peculation; and the said Hastings hath committed a grievous offence in upholding the same pernicious system, until, by his own confession and declaration, in his minute of the 21st of May, 1781, "the evils had grown to so great an height, that exertions will be required more powerful than can be made through the delegated authority of the servants of the Company now in the province, and that he was far from sanguine in his expectations that even his own endeavors would be attended with much success."

      XXVI. That, at the time of making the said treaty, and at the time when, under color of the distress of the Nabob of Oude, and the failure of all other means for his relief, he, the said Hastings, broke the Company's faith with the parents of the Nabob, and first encouraged and afterwards compelled him to despoil them of their landed estates, money, jewels, and household goods, and while the said Nabob continued heavily in debt to the Company, he, the said Warren Hastings, did, "without hesitation," accept of and receive from the Nabob of Oude and his ministers (who are notoriously known to be not only under his influence, but under his absolute command) a bribe, or unlawful gift or present, of one hundred thousand pounds sterling, and upwards. That, even if the said pretended gift could be supposed to be voluntary, it was contrary to the express provision of the Regulating Act of the 13th year of his Majesty's reign, prohibiting the receipt of all presents upon any pretence whatsoever, and contrary to his own sense of the true intent and meaning of the said act, declared upon a similar, but not so strong a case,—that is, where the service done, and the present offered in return for it, had taken place before the promulgation of the above laws in India: on that occasion he declared, "that the exclusion by an act of Parliament admitted of no abatement or evasion, wherever its authority extended."

      XXVII. That the said Warren Hastings, confiding in an interest which he supposed himself to have formed in the East India House, did endeavor to prevail on the Court of Directors to violate the said act, and to suffer him to appropriate the money so illegally accepted by him to his own profit, as a reward for his services.

      XXVIII. That the said Warren Hastings has since declared to the Court of Directors, that, when fortune threw a sum in his way (meaning the sum of money above mentioned) of a magnitude which could not be concealed, he chose to apprise his employers of it:15 thereby confessing, that, but for the magnitude of the same rendering it difficult to be concealed, he never would have discovered it to them. And the said unlawful present being received at the time when, for reasons directly contradictory of all his former recorded declarations, he did agree to remove the aforesaid troops from the Nabob's dominions, and to recall the pensioners aforesaid, it must be presumed that he did not agree to give the relief (which he had before so obstinately refused) upon the grounds and motives of justice, policy, or humanity, but in consideration of the sum of money aforesaid, which, in a time of such extreme distress in the Nabob's affairs, could not be rationally given, except for those and other concessions stipulated for in the said treaty, but which had on former occasions been refused.

      XXIX. That, notwithstanding his, the said Warren Hastings's, receipt of the present of one hundred thousand pounds, as aforesaid, he did violate every one of the stipulations in the said treaty contained, and particularly he did continue in the country, and in the service of the Nabob of Oude, those troops which he had so recently stipulated to withdraw from his country and to take from his establishment: for, upon the 24th of December following, he did order the temporary brigade, making ten battalions of five hundred men each, to be again put on the Vizier's list,—although he had recently informed the Court of Directors, through Edward Wheler, Esquire, that any benefit to be derived from the Nabob's paying that brigade was a fallacy and a deception, and that the same was a charge upon the Company, and not an alleviation of its distresses, as well as an insupportable burden to the Nabob: thus having, within a short space of time, twice contradicted himself, both in declaration and in conduct.

      XXX. That this measure, in direct violation of a treaty of not three months' duration, was so injudicious, that, in the opinion of the Assistant Resident, Johnson, "nothing less than blows could effect it": he, the said Resident, further adding, "that the Nabob was not even able to pay off the arrears still due to it [the new brigade]; and that the troops being all in arrears, and no possibility of present payment, so large a body assembled here [viz., at Lucknow] without any means to check and control them, nothing but disorder could follow. As one proof that the Nabob is as badly off for funds as we are, I may inform you that his cavalry rose this day upon him, and went all armed to the palace, to demand from thirteen to eighteen months' arrears, and were with great difficulty persuaded to retire, which was probably more effected by a body of troops getting under arms to go against them than any other consideration." But the letter of Warren Hastings, Esquire, of the 24th of December, giving the above orders for the infraction of the treaty, and to which the letter from whence the foregoing extracts are taken is an answer, doth not appear, any otherwise than as the same is recited in the said answer.

      XXXI. That, notwithstanding the disorders and deficiencies in the revenue aforesaid had continued and increased, and that three very large balances had accumulated, the said Warren Hastings did cause the Treasury accounts at Calcutta to be examined and scrutinized, and an account of another arrear, composed of various articles, pretended to have accumulated during seven years previous to the year 1779, (the articles composing which, if they had been just, ought to have been charged at the times they severally became due,) was sent to the Resident, and payment thereof demanded, to the amount of 260,000l. sterling; which unexpected demand, in so distressed a situation, did not a little embarrass the Nabob. But whilst he and his ministers were examining into the said unexpected demand, another, and fifth balance, made up of similar forgotten articles, was demanded, to the amount of 140,000l. sterling more. Which said two last demands did so terrify and confound the Nabob and his ministers, that they declared that the Resident "might at once take the country, since justice was out of the question."

      XXXII. That the said Hastings, in order to add to the confusion, perplexity, and distress of the Nabob's affairs, did send to his court (in which he had already a Resident and Assistant Resident) two secret agents, Major Palmer and Major Davy, and did instruct Major Palmer to make a variety of new claims, one of a loan to the Company of 600,000l. sterling, although he well knew the Nabob was himself heavily in arrear to the Company, and was utterly unable to discharge the same, as well as in arrear to his own troops, and to many individuals, and that he borrowed (when he could at all borrow) at an interest of near thirty per cent. To this demand was added a new bribe, or unlawful present, to himself, to the amount of 100,000l. sterling, which he did not refuse as unlawful and of evil example, but as indelicate in the Nabob's present situation,—and did, as if the same was his own property, presume to dispose of it, and to desire the transfer of it, as of his own bounty, to the Company, his masters. To this second demand he, the said Hastings, added a third demand of 120,000l. sterling, for four additional regiments on the Nabob's list, after he had solemnly engaged to take off the ten with which it had been burdened: the whole of the claims through his private agent aforesaid making the sum of 820,000l. sterling.

      XXXIII. That the demands, claims, &c., made by the said Warren Hastings upon the government of Oude in that year amounted to the enormous sum of 2,530,000l. sterling; which joined to the arrears to troops, and some internal failures, amounting to 255,000l. sterling more, the whole charge arose to 2,785,000l. sterling, which was considerably more than double the net produce of the Nabob's revenue,—the same only amounting to 1,450,000l. "nominal revenue, never completely realized."

      XXXIV. That, towards providing for these extravagant demands, he, the said Warren Hastings, did direct and authorize another breach of the public faith given in the treaty of Chunar. For whereas, by the second article of the treaty aforesaid, it was left to the Nabob's discretion whether

15

See his letter of the 11th July, 1785, at the end of the Charges