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subsequent act, the least security for the payment of the said pension to those, for whom such pen
XI. sion was ostensibly reserved ; and, for the others, not so much as a shew of indemnity ;-to the ex
That the article affecting private property setreme scandal of the British government, which, cured by publick acts, in the said pretended treaty, valuing itself upon a strict regard to property, did contains nothing more than a general permission, expressly authorize, if it did not command, an given by the said Warren Hastings, for confiscatattack upon that right, unprecedented in the des- ing such jaghires, or landed estates, with the potick governments of India.
modifications therein contained, as he [the na
“bob] may find necessary;" but does not directly IX.
point at, or express by name, any of the landed
possessions of the nabob's mother. But soon after That the said Warren Hastings, in order to cover the signing of the said pretended treaty (that is, the violent and unjust proceedings aforesaid, did on the 29th November 1781) it did appear, that assert a claim of the right in the same nabob to a principal object thereof was to enable the nabob all the possessions of his said mother and grand- to seize upon the estates of his female parents mother, as belonging to him by the Mahomedan aforesaid, which had been guarantied to them by law; and this pretended claim was set up by the the East India company. And although in the said Warren Hastings, after the nabob had, by a treaty, or pretended treaty, aforesaid, nothing regular treaty ratified and guarantied by the said more is purported than to give a simple permisHastings as governour-general, renounced and sion to the nabob to seize upon and confiscate the released all demands on them. And this false estates, leaving the execution or non-execution of pretence of a legal demand was taken up and the same wholly to his discretion, appears, acted upon by the said Warren Hastings, without by several letters from Nathaniel Middleton, Esq. laying the said question on record before the the resident at the court of Oude, of the 6th, 7th, council general, or giving notice to the persons to and 9th of December 1781, that no such discrebe affected thereby, to support their rights before tion, as expressed in the treaty, was left, or inany of the principal magistrates and expounders tended to be left, with him the said nabob; but of the Mahomedan law, or taking publickly the that the said article ought practically to have a opinions of any person conversant therein. construction of a directly contrary tendency ;
that, instead of considering the article as originatX.
ing from the nabob, and containing a power pro
vided in his favour, which he did not possess beThat, in order to give further colour to the acts fore, the confiscation of the jaghires aforesaid was of ill faith and violence aforesaid, the said Warren to be considered as a measure from the English, Hastings did cause to be taken at Lucknow, and and to be intended for their benefit, and as such, other places, before divers persons, and parti- that the execution was to be forced upon him cularly before Sir Elijah Impey, knight, his Ma- and the execution thereof was accordingly forced jesty's chief justice, acting extra-judicially, and upon him. And the resident, Middleton, on the not within the limits of his jurisdiction, several nabob's refusal to act in contradiction to his passionate, careless, irrelevant, and irregular affi- sworn engagement, guarantied by the East India davits, consisting of matter not fit to be deposed company, and in the undutiful and unnatural on oath ; of reports, conjectures, and hearsays ; manner required, did totally supersede his authosome of the persons swearing to the said hearsays rity in his own dominions, considering himself having declined to declare from whom they heard as empowered so to act by the instructions of the accounts at second-hand sworn to; the said the said Hastings, although he had reason to apaffidavits in general tending to support the calum- prehend a general insurrection in consequence nious charge of the said Warren Hastings, namely, thereof, and that he found it necessary to remove that the aged women before mentioned had form- his family, " which he did not wish to retain ed, or engaged in, a plan for the deposition of “there, in case of a rupture with the nabob, or their son and sovereign, and the utter extirpation “ the necessity of employing the British forces of the English nation : and neither the said charge ** in the reduction of his aumils and troops ;” against persons, whose dependence was principally, and he did accordingly, as sovereign, issue his if not wholly, on the good faith of this nation, and own edicts and warrants, in defiance of the rehighly affecting the honour, property, and even sistance of the nabob, in the manner by him delives, of women of the highest condition ; nor the scribed in the letters aforesaid, in a letter of 6th affidavits intended to support the same, extra-ju- December 1781, that is to say, “ Finding the dicially taken ex parte, and without notice, by “ nabob wavering in his determination about the said Sir Elijah Impey, and others, were at any the resumption of the jaghires, I this day, in time communicated to the parties charged, or to presence of and with the minister's concurrence, any agent for them ; nor were they called upon to “ ordered the necessary perwannahs to be written answer, nor any explanation demanded of them. “ to the several aumils for that purpose ; and it
“ was my firm resolution to have dispatched them “ this evening, with proper people to see them
“punctually and implicitly carried into execu “ inform you of the effects of the perwannahs, “tion ; but before they were all transcribed I which, in many parts, I am apprehensive it will “ received a message from the nabob, who had “ be found necessary to enforce with military aid. “ been informed by the minister of the resolution “ I am not, however, entirely without hopes, that “ I had taken, entreating, that I would withhold " the nabob, when he sees the inefficacy of fur“ the perwannahs until to-morrow morning, when “ther opposition, may alter his conduct, and pre“ he would attend me, and afford me satisfaction “ vent the confusion and disagreeable conse
this point. As the loss of a few hours in the quences, which would be too likely to result “ dispatch of the perwannahs appeared of little from the prosecution of a measure of such im
moment, and as it is possible the nabob, see portance without his concurrence. His Exceling that the business will at all events be done, lency talks of going to Fyzabad, for the purpose may
make it an act of his own, I have con “ heretofore mentioned, in three or four days; I “ sented to indulge him in his request ; but, be “ wish he may be serious in his intention, and “ the result of our interview whatever it may, you may rest assured, I shall spare no pains to “ nothing shall prevent the orders being issued keep him to it."—And further, in a letter of the “ to-morrow, either by him or myself, with the 9th December 1781–“ I had the honour to ad
concurrence of the ministers. Your pleasure “ dress you on the 7th instant, informing you of
respecting the begums I have learnt from Sir “ the conversation which had passed between the “ Elijah ; and the measure heretofore proposed “ nabob and me, on the subject of resuming the “ will soon follow the resumption of the jaghires. jaghires, and the step I had taken in conse“ From both, or indeed from the former alone, 1 quence. His Excellency appeared to be very “ have no doubt of the complete liquidation of the “ much hurt and incensed at the measure ; and “company's balance." —And also in another letter " loudly complains of the treachery of his minisof the 7th December 1781,-“ I had the honour to “ ters; first, in giving you any hopes, that such "address you yesterday, informing you of the “ a measure would be adopted ; and, secondly,
steps I had taken in regard to the resumption“ in their promising me their whole support in " of the jaghires. This morning the vizier came carrying it through : but, as I apprehend, “ to me according to his agreement, but seem “ rather than suffer it to appear, that the point “ ingly without any intention or desire to yield “ had been carried in opposition to his will, he at
me satisfaction on the subject under discussion ; length yielded a nominal acquiescence, and has for, after a great deal of conversation, consist “ this day issued his own perwannahs to that
ing, on his part, of trifling evasion, and pue- “ effect; declaring, however, at the same time, “rile excuses for withholding his assent to the “ both to me and his ministers, that it is an act of
measure, though at the same time professing compulsion. I hope to be able in a few days, in “ the most implicit submission to your wishes, I consequence of this measure, to transmit you an “found myself without any other resource than “ account of the actual value and produce of the " the one of employing that exclusive authority, “ jaghires, opposed to the nominal amount, at “ with which I consider your instructions to vest “ which they stand rated on the books of the me : I therefore declared to the nabob, in
“ sircar." presence of the minister and Mr. Johnson, who
XII. “ I desired might bear witness of the conversation, “ that I construed his rejection of the measure That the said Warren Hastings, instead of ex“proposed as a breach of his solemn promise to pressing any disapprobation of the proceedings
you, and an unwillingness to yield that assist- aforesaid in violation of the rights secured by “ ance, which was evidently in his power, towards treaty with the mother and grandmother of the “ liquidating his heavy accumulating debt to the reigning prince of Oude, and not less in violation
company; and that I must in consequence de- of the sovereign rights of the nabob himself, did “ termine, in my own justification, to issue imme- by frequent messages stimulate the said Middleton
diately the perwannahs, which had only been to a perseverance in, and to a rigorous execution “ withheld in the sanguine hope, that he would of, the same; and in his letter from Benares of the “ be prevailed upon to make that his own act, 25th December 1781, did“ express doubts of his “ which nothing but the most urgent necessity “ firmness and activity, and above all, of bis re“could force me to make mine.--He left me with “ collection of his instructions, and their import
out any reply; but afterwards sent for his mi ance; and that, if he could not rely on his own “nister, and authorized him to give me hopes, “ (power) and the means he possessed for per“ that my requisition would be complied with ; “ forming those services, he would free him (the " on which I expressed my satisfaction, but de " said Middleton) from the charges, and would
clared, that I could admit of no further delays ; “ proceed himself to Lucknow, and would him“ and unless I received his Excellency's formal self undertake them.” “ acquiescence before the evening, I should then most assuredly issue my perwannahs; which I
XIII. “ have accordingly done, not having had any as“ surances from his Excellency, that could justify That very doubtful credit is to be given to any
further suspension. I shall, as soon as possible, letters written by the said Middleton to the said
Warren Hastings, when they answer the purposes, which the said Warren Hastings had evidently in
XVI. view, the said Middleton having written to him in the following manner from Lucknow, 30th De That it does not appear, that the said Hastings cember 1781.
did write any letter in answer to the proposal of
the said Middleton, but he, the said Hastings, did XIV.
communicate his pleasure thereon to Sir Elijah
Impey, being then at Lucknow, for his the said My dear Sir,
Middleton's information; and it does appear, that “I have this day answered your publick letter the seizing of the treasures of the mother of the " in the form you seem to expect. I hope there nabob, said to have been proposed as an alterna“is nothing in it, that may appear to you too tive by the said nabob to prevent the resumption "pointed. If you wish the matter to be other of the jaghires, was determined upon and ordered “ wise understood than I have taken up and by the said Hastings; and that the resumption “ stated it, I need not say I shall be ready to of the said jaghires, for the ransom of which the
conform to whatever you may prescribe, and to seizing of the treasures was proposed, was also "take upon myself any share of the blame of the directed; not one only, but both sides of the alter" (hitherto) non-performance of the stipulations native being enforced upon the female parents of " made on behalf of the nabob. Though I do the nabob aforesaid, although both the one and the
assure you, I myself represented to his Excel- other had been secured to them by a treaty with
lency and the ministers, conceiving it to be your the East India company. " desire, that the apparent assumption of the “ reins of his government (for in that light he un
* See Orig. doubtedly considered it at the first view) as “specified in the agreement executed by him, That Sir Elijah Impey, knight, His Majesty's
was not meant to be fully and literally en chief justice at Fort William, did undertake a "forced, but that it was necessary you should journey of nine hundred miles, from Calcutta to " have something to shew on your side, as the Lucknow, on pretence of health and pleasure; but
company were deprived of a benefit without a was in reality in the secret of these and other requital ; and
ироп the faith of this assurance irregular transactions, and employed as a channel alone, I believe I may safely affirm his Excel- of confidential communication therein. And the lency's objections to signing the treaty were said Warren Hastings, by presuming to employ given up. If I have understood the matter the said chief justice, a person particularly unfit wrong, or misconceived your design, I am truly for an agent, in the transaction of affairs, primi
sorry for it; however, it is not too late to cor- facie at least unjust, violent, and oppressive, con"rect the errour ; and I am ready to undertake, trary to publick faith, and to the sentiments and
and, God willing, to carry through, whatever law of nature, and which he the said Hastings was "you may, on receipt of my publick letter, tell sensible “could not fail to draw obloquy on himyour final resolve.
“ self by his participation,” did disgrace the
king's commission, and render odious to the naXV.
tives of Hindostan the justice of the crown of
Great Britain, That it appears, but on his the said Middleton's
XIX. sole authority, in a letter from the said Middleton, dated Lucknow, 2nd December 1781, that the That although the said Warren Hastings was nabob of Oude, wishing to evade the measure of from the beginning duly informed of the violence resuming the jaghires aforesaid, did send a mes offered to the personal inclinations of the nabob sage to him, purporting, " that if the measure
in the "
apparent assumption of the reins of his proposed was intended to procure the payment government” for the purposes aforesaid, yet, “ of the balance due to the company, he could more than two years after, he did write to his pri
better, and more expeditiously, effect that object vate agent, Major Palmer, that is to say, in his by taking from his mother the treasures of his letter of the 6th of May 1783, "" that it has been
father, which he did assert to be in her hands, “ a matter of equal surprise and concern to him to " and to which he did claim a right; and that it “ learn from the letters of the resident, that the " would be sufficient, that he the said Hastings “ nabob vizier was with difficulty, and almost " would hint his opinion upon it, without giving a unconquerable reluctance, induced to give his
formal sanction to the measure proposed ; and consent to the attachinent of the treasure depo" that whatever his resolution upon the subject “ sited by his father under the charge of the " should be, it would be expedient to keep it * begum his mother, and to the resumption of “ secret;" adding," the resumption of the jayhires her jaghire, and the other jagluires of the indi“ it is necessary to suspend till I have your answer
“ viduals of his family;" which pretence of ig" to this letter."
norance of the nabob's inclinations is fictitious and groundless. But whatever deception he might pretend to be in concerning the original intention
of the nabob, he was not, nor did he pretend to dispensing with the whole, or any part thereof, as be, ignorant of his, the nabob's, reluctance to much in his option after the treaty, as it was before; proceed in the said measures; but did admit the declared intent of the article being only to his knowledge of the nabob's reluctance to their remove the restraint of the company's guarantee full execution, and yet did justify the same as forbidding such resumption, but furnishing nothing, follows:
which could authorize putting that resumption into XX.
the hands and power of the company, to be en
forced at their discretion. And with regard to the “ I desire, that you will inform him (the nabob) other part of the spoil made by order of the said “ that in these and the other measures, which were Hastings, and by him, in the letter aforesaid, “ either proposed by him, or received his concur stated to be made equally against the will of the
rence in the agreement passed between us at nabob, namely that, which was committed on the “ Chunar, I neither had nor could have any object personal and moveable property of the female “ but his relief, and the strengthening of his con- parents of the nabob, nothing whatsoever in rela“ nexion with the company ; and that I should tion to the same is stipulated in the said pretended “ not on any other ground have exposed myself to treaty. “the personal obloquy, which they could not fail
XXII. “ to draw upon me by my participation in them, “ but left him to regulate, by his own discretion, That the said Hastings, in asserting that he was “ and by his own means, the economy of his own bound to the acts aforesaid by publick duty, and “ finances, and, with much more cause, the asser even by national faith, in the very instance in “ tion of his domestick right. In these he had which that national faith was by him grossly “ no regular claim to my interference ; nor had I, violated ; and in justifying himself by alleging, “ in my publick character, any claim upon him, but that he was bound to the complete execution by a “ for the payment of the debt then due from him responsibility to the company, which he immedi“ to the company, although I was under the ately served; and by asserting, that these violent
strongest obligations to require it for the relief of and rapacious proceedings, subjecting all persons “ the pressing exigencies of their affairs.—He will concerned in them to obloquy, would be the “ well remember the manner, in which, at a visit to means of strengthening the connexion of the “ him in his own tent, I declared my acquiescence
nabob with the British united company of mer“ freely, and without hesitation, to each proposi-chants trading to the East Indies; did disgrace the “ tion, which afterwards formed the substance of a authority, under which he immediately acted. “ written agreement, as he severally made them; And that the said Hastings, in justifying his “ and he can want no other evidence of my motives obligations to the said acts by a responsibility to “ for so cheerful a consent, nor for the requests, the king, namely, to the king of Great Britain, did “ which 1 added as the means of fulfilling his pur- endeavour to throw upon His Majesty, his lawful
poses in them. Had he not made these measures sovereign, (whose name and character he was “ his own option, I should not have proposed bound to respect, and to preserve in estimation “ them; but having once adopted them, and made with all persons, and particularly with the sove“ them the conditions of a formal and sacred reign princes, the allies of his government,) the “ agreement, I had no longer an option to dis- disgrace and odium of the aforesaid acts, in which
pense with them, but was bound to the complete a sovereign prince was by him, the said Hastings, performance and execution of them, as points of made an instrument of perfidy, wrong, and outrage
publick duty, and of national faith, for which to two mothers and wives of sovereign princes; and “ I was responsible to my king, and the company
in which he did exhibit to all Asia (a country “ my immediate superiours; and this was the remarkable for the utmost devotion to parental
reason for my insisting on their performance authority) the spectacle of a christian governour, “ and execution, when I was told, that the nabob representing a christian sovereign, compelling a “ himself hud relaxed from his original purpose, son to become the instrument of such violence and “ and expressed a reluctance to proceed in it." extortion against his own mother.
That the said Warren Hastings, by repeated XXI.
messages and injunctions, and under menaces of
“a dreadful responsibility," did urge the resident That the said Warren Hastings does admit, that to a completion of this barbarous act; and well the nabob had originally no regular claim upon knowing, that such an act would probably be him for his interference, or he any claim on the resisted, did order him the said resident to use the nabob, which might entitle him to interfere in British troops under his direction for that purpose; the nabob's domestick concerns; yet, in order to and did offer the assistance of further forces, urging justify his so invidious an interference, he did, in the execution in the following peremptory terms: the letter aforesaid, give a false account of the said you yourself must be personally 16th Dec. treaty, which (as before mentioned) did nothing “present ; you must not allow
any more than give a permission to the nabob to resume negociation or forbearance; but must prosecute the jaghires, if HE should judge the same to be “ both services, until the begums (princesses) are necessary; and did therefore leave the right of " at the entire mercy of the nabob.”
the said treasure “ was taken from the most secret
recesses in the houses of the two eunuchs.”
18th Jan. 1782.
That in conformity to the said pe13th Jan. 1782.
XXVII. remptory orders a party of British and other troops, with the nabob in the ostensible, That the nabob continuing still under the presand the British resident in the real, command, sure of a further pretended debt to the company were drawn towards the city of Fyzabad, in the for his balance of the year 1780-81, the resident, castle of which city the mother and grandmother not satisfied with the 'seizure of the estates and of the nabob had their residence; and after ex treasures of his parents aforesaid, although he the pending two days in negociation, (the particulars said resident did confess, that the princess mother of which do not appear,) the resident not receiving “had declared, with apparent truth, that she had the satisfaction he looked for, the town was first “ delivered up the whole of the property in her stormed, and afterwards the castle; and little or “hands, excepting goods, which from the expeno resistance being made, and no blood being “ rience, which he the resident had, of the small shed on either side, the British troops occupied all produce of the sales of a former payment made the outer enclosure of the palace of one of the by her in that mode, he did refuse, and that in princesses, and blocked up the other.
“ his opinion it certainly would have amounted to
“ little or nothing;” did proceed to extort another XXIV.
great sum of money, that is to say, the sum of
£120,000 sterling, on account of the last preThat this violent assault, and forcible occupa- tended balance aforesaid. In order therefore to tion of their houses, and the further extremities compel the said ministers and treasurers either to they had to apprehend, did not prevail on the distress their principals by extorting whatever valufemale parents of the nabob to consent to any able substance might, by any possibility, remain submission, until the resident sent in unto them a concealed, or to furnish the said sum from their
letter from the said Warren Hastings, own estates, or from their credit with their friends,
(no copy of which appears,) declaring he, the resident, did order their imprisonment to himself no longer bound by the guarantee, and be aggravated with circumstances of great cruelty, containing such other matter as tended to remove giving an order to Lieutenant Francis Rutledge, all their hopes, which seemed to be centred in dated 20th January 1782, in the following words: British faith, XXV.
XXVIII. That the chief officers of their household, who were their treasurers and confidential agents, the
“ When this note is delivered to you by Hoolas eunuchs Jewar Ali Khan and Behar Ali Khân,
Roy, I have to desire, that you order the two persons of great eminence, rank, and distinction,
“ prisoners to be put in irons, keeping them from who had been in high trust and favour with the late nabob, were ignominiously put into confine
“all food, fc. agrecable to my instructions of ment under an inferiour officer, in order to extort
(Signed) “ Nath. Middleton." the discovery of the treasures and effects committed to their care and fidelity. And the said Middleton
XXIX. did soon after, that is to say, on the 12th of January 1782, deliver them over for the same That by the said unjust and rigorous proceeding purpose into the custody of Captain Neal Stuart, the said eunuchs were compelled to give their encommanding the 8th regiment, by his order given gagement for the payment of £.120,000 sterling in the following words : “ to be kept in close and aforesaid, to be completed within the period of
secure confinement, admitting of no intercourse one month; but after they had entered into the “ with them, excepting by their four menial ser- said compulsory engagement, they were still kept
vants, who are authorized to attend them until in close imprisonment, and the mother and grand“ further orders. You will allow them to have mother of the nabob were themselves hield under “any necessary and convenience, which may be a strict guard ; although, at the same time, the “ consistent with a strict guard over them.” confiscated estates were actually in the company's
possession, and found to exceed the amount of XXVI.
what they were rated at in the general list of con
fiscated estates; and although the Letter from Mr. That in consequence of these severities upon assistant resident Johnson did confess, Middleton 2d herself, and on those whom she most regarded “ that the object of distressing the and trusted, the mother of the said nabob did at “ Bhow Begum was merely to obtain a readylength consent to the delivering up of her treasures,
money, instead of
dilatory, payment, and and the same were paid to the resident, to the “ that this ready-money payment, if not paid, was amount of the bond given by the nabob to the “ recoverable in the course of a few months upon company for his balance of the year 1779-80, and “ the jaghires in his possession; and that there.