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subsisting between them and the rajah of Benares, “policy, I forbear to speak. Most happily the and the manner in which the same had been ful wretch, whose hopes may be excited by the filled on the part of the rajah, did, in the fifth re appearances in his favour is ill qualified to solution, which was partly a resolution of opinion, “avail himself of them, and the force which is declare as follows :-“That it appears to this stationed in the province of Benares, is suffi“ court, that the conduct of the governour-general cient to suppress any symptoms of internal se“ towards the rajah, whilst he was at Benares, was dition ; but it cannot fail to create distrust and “improper; and that the imprisonment of his “suspense in the minds both of the rulers and of the “ person, thereby disgracing him in the eyes of his “people, and such a state is always productive of “subjects, and others, was unwarrantable and “disorder. But it is not in this partial considera

highly impolitick, and may tend to weaken the “tion, that I dread the effects of your commands; “confidence, which the native princes of India“ it is in your proclaimed indisposition against

ought to have in the justice and moderation of “ the first executive member of your first governthe company's government.”

“ ment in India. I almost shudder at the reflec

“ tion of what might have happened, had these IV.

“ denunciations against your own minister, in fa

“ vour of a man universally considered in this That the said resolutions being transmitted to part of the world as justly attainted for his the said Warren Hastings, he the said Warren crimes, the murderer of your servants and solHastings did write, and cause to be printed and “ diers, and the rebel to your authority, arrived published, a certain false, insolent, malicious, and two months earlier." seditious libel, purporting to be a letter from him, the said Warren Hastings, to the court of direct

VI. ors, dated Fort William, 20th March 1783, cal“culated (as 'the directors truly affirm] to bring That the said Warren Hastings did also pre“contempt, as well as an odium, on the court of

sume to censure and asperse the court of directors “ directors for their conduct on that occasion ;" for the moderate terms, in which they had exand the said libel had a direct tendency to excite pressed their displeasure against him, as putting a spirit of disobedience to the lawful government him under the necessity of stating in his defence of this nation in India through all ranks of their a strong accusation against himself; and as imservice.

plying in the said court a consciousness, that he V.

was not guilty of the offences charged upon him,

being, as he asserts, in the resolutions of the court That he, the said Warren Hastings, among other of directors, “ arraigned and prejudged of a vioinsolent and contumacious charges and aspersions“ lation of national faith in acts of such comon the court of directors, did address them in the plicated aggravation, that, if they were true, printed letter aforesaid, as follows :—“ I deny no punishment SHORT OF DEATH could “ that Rajah Cheit Sing was a native prince of In “ atone for the injury, which the interest and cre“dia. Cheit Sing is the son of a collector of the “ dit of the publičk had sustained in them :” and

revenue of that province, which his arts, and the he did therefore censure the said court for apply“misfortunes of his master, enabled him to convert ing no stronger or more criminating epithets than " to a permanent and hereditary possession. This those of “ improper, unwarrantable, and highly man, whom

you have thus ranked among the “ impolitick,” to an offence so by them charged, princes of India, will be astonished, when he and by him described. And though it be true, “ hears it, at an elevation so unlooked for; nor that the expressions aforesaid are much too re“ less at the independent rights, which your com- served for the purpose of duly characterizing the “mands have assigned him ; rights which are so offences of the said Hastings, yet was it in him

foreign to his conceptions, that I doubt whether most indecent to libel the court of directors for the "he will know in what language to assert them ; same; and his implication, from the tenderness of "unless the example which you have thought it con the epithets and descriptions aforesaid used tosistent with justice, however opposite to policy, wards him, was not only indecent, but ungroundto shew, of becoming his advocates against your ed, malicious, and scandalous ; he having him

own interests, should inspire any of your own self highly, though truly, aggravated" the charge

servants to be his advisers and instructors.” “ of the injuries done by him to the rajah of BeAnd he did further, to bring into contempt the au nares,” in order to bring the said directors into thority of the company, and to excite a resistance contempt and suspicion ; the paragraphs in the to their lawful orders, frame a supposition, that said libel being as follow : “ Here I must crave the court of directors had intended the restoration“ leave to say, that the terms 'improper, unwarof the rajah of Benares; and on that ground did “ rantable, and highly impolitick,' are much too presume in the said libel to calumniate, in disre gentle, as deductions from such premises ; and spectful and contumelious terms, the policy of the

reader of the latter will obviously feel

, court of directors, as well as the person, whom he " as he reads, the deductions, which inevitably did conceive to be the object of their protection, “ belong to them, I will add, that the strict peras followeth :-“Of the consequences of such a “ formance of solenn engagements on one part,

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“ followed by acts directly subversive of them, " the will of his principal ? When the state of this “and by total dispossession on the other, stamps “ administration was such as seemed to admit of

perpetrators of the latter the guilt of the “ the appointment of Mr. Bristow to the residency "greatest possible violation of faith and justice." “ of Lucknow without much diminution of my own _*. There is an appearance of tenderness in “ influence, I gladly seized the occasion to shew “ this deviation from plain construction, of which, my readiness to submit to your commands : I “ however meant, I have a right to complain; “ proposed his nomination ; he was nominated “ because it imposes on me the necessity of framing “ and declared to be the agent of my own choice. “ the terms of the accusation against myself, which “ Even this effect of my caution is defeated by “ you have only not made, but have stated the | your absolute command for his re-appointment “ leading arguments to it so strongly, that no one, independent of me, and with the supposition, “ who reads these, can avoid making it, or not

" that I should be adverse to it.-I am know it to have been intended.

wholly deprived of my official powers both in

“ the province of Oude, and in the zemindary of VII.

“ Benares.”

IX. That the said Hastings, being well aware, that his own declarations did contain the clearest con That, further to emancipate others and himself demnation of his own conduct from his own pen, from due obedience to the court of directors, he did, in the said libel, attempt to overturn, frustrate, did, in the libel aforesaid, enhance his services ; and render of none effect, all the proofs to be which, without specification or proof, he did supgiven of prevarication, contradiction, and of oppo- pose in the said libel to be important and valuable, sition of action to principle, which can be used by representing them as done under their disagainst men in publick trust, and did contend, pleasure; and doth attribute his not having done that the same could not be used against him; more to their opposition, as followeth :-* It is and, as if false assertions could be justified by fac now a complete period of eleven years since I tious motives, he did endeavour to do away the “ first received the first nominal charge of your authority of his own deliberate, recorded decla “affairs ; in the course of it I have invariably had rations, entered by him in writing on the council “ to contend, not with ordinary difficulties, but books of the presidency; for, after asserting, but “ such as most unnaturally arose from the opnot attempting to prove, that his declarations were position of those very powers, from which I priconsistent with his conduct, he writes in the said marily derived my authority, and which were libel as follows: for “ were it otherwise, they were required for the support of it. My exertions, “ not to be made the rules of my conduct; and “ though applied to an unvaried and consistent God forbid, that every expression dictated by “ line of action, have been occasional and desul“the impulse of present emergency, and unpre-“tory; yet I please myself with the hope, that " meditatedly uttered in the heat of party conten “ in the annals of your dominion, which shall be “ tion, should impose upon me the obligation of “ written after the extinction of recent prejudices, “ a fixed principle, and be applied to every varia- this term of its administration will appear not " ble occasion."

" the least conducive to the interests of the comVIII.

pany, nor the least reflective of the honour of

“ the British name; and allow me to suggest the That the said Hastings, in order to draw the “ instructive reflection of what good might have lawful dependence of the servants of the company been done, and what evil prevented, had due from the court of directors to a factious depen support been given to that administration, which dence on himself, did, in the libel aforesaid, treat has performed such eminent and substantial the acts and appointments of their undoubted autho “ services without it." rity, when exercised in opposition to his arbitrary And the said Hastings, further to render the will, as ruinous to their affairs, in the following authority of the said court perfectly contemptible, terms : “ It is as well known to the Indian world, doth, in a strain of exultation for his having escaped " as to the court of English proprietors, that the out of a measure, in which by his guilt he had “ first declaratory instruments of the dissolution involved the company in a ruinous war, and out of my influence, in the year 1774, were Mr. of which it had escaped by a sacrifice of almost all “ John Bristow and Mr. Francis Fowke. By the territories before acquired (from that enemy, “ your ancient and known constitution the gover- which he had made) either by war, or former “ nour has been ever held forth and understood treaties, and by the abandoning the company's to possess

the ostensible powers of government; allies to their mercy, attribute the said supposed “ all the correspondence with foreign princes is services to his acting in such a manner as had on “ conducted in his name; and every person re former occasions excited their displeasure, in the “sident with them for the management of your following words : “ political concerns is understood to be more espe “ Pardon, honourable Sirs, this digressive exul* cially his representative, and of his choice-“tation ; I cannot suppress the pride, which I feel " and such ought to be the rule; for how other “ in this successful achievement of a measure “ wise can they trust an agent nominated against so fortunate for your interests, and the national

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“ honour ; for that pride is the source of my zeal, endeavour to make a reparation of honour to his

so frequently exerted in your support, and never said colleagues, as if his expressions aforesaid had

more happily than in those instances, in which arisen from animosity to them, as follows: "upon I have departed from the prescribed and beaten a careful revisal of what I have written, I

path of action, and assumed a responsibility, “ fear, that an expression, which I have used, rewhich has too frequently drawn on me the most ' specting the probable conduct of the board, pointed effects of your displeasure. But however in the event of orders being received for the

I may yield to my private feelings in thus en-“ restoration of Cheit Sing, may be construed as

larging on the subject, my motive in introducing“ intimating a sense of dissatisfaction, applied to “ it was immediately connected with its context, “ transactions already past.—It is not my inten“ and was to contrast the actual state of your “ tion to complain of any one.” political affairs, derived from a happier influence, with that, which might have attended an

XI. earlier dissolution of it:” and he did value himself upon “the patience and temper, with That the said Hastings, in the acts of injury “ which he had submitted to all the indignities, aforesaid to the rajah of Benares, did assume and “ which have been heaped upon him (meaning by arrogate to himself an illegal authority therein, “ the said court of directors) in this long service:" and did maintain, that the acts done in conseand he did insolently attribute to an unusual quence of that measure were not revocable by any strain of zeal for their service, that he “persevered subsequent authority, in the following words: “ in the VIOLENT MAINTENANCE OF HIS “ if you should proceed to order the restoration “ OFFICE."

“ of Cheit Sing to the zemindary, from which, X.

by the powers, which I legally possessed, and

“ conceive myself legally bound to assert against That in order further to excite the spirit of dis- “any subsequent authority to the contrary, deobedience in the company's servants to the lawful “ rived from the same common source, he was authority set over them, he the said Warren dispossessed for crimes of the greatest enorinity, Hastings did treat contemptuously and ironically “ and your council shall resolve to execute the the supposed disposition of the company's servants “ order, I will instantly give up my station and to obey the orders of the court of directors, in the

" the service.” words following: “the recall of Mr. Markham,

XII. “ who was known to be the publick agent of my

own nomination at Benares, and the re-appoint- That the said Warren Hastings did attempt to "ment of Mr. Francis Fowke by your order, con- justify his publication of the said libellous letter to “ tained in the same letter, would place it [the and against the court of directors by asserting “ restoration of Cheit Sing] beyond a doubt. therein, that these resolutions (meaning the resoThis order has been obeyed; and whenever lutions of the court of directors, relative to the

you shall be pleased to order the restoration rajah of Benares] “ were either published, or inof Cheit Sing, I will venture to promise the tended for publication;" evidently proving, that same ready and exact submission in the other he did take this unwarrantable course without any

members of the council ;" and he did, in the sufficient assurance, that the ground and motive postscript of the said letter, and as on recollection, by him assigned had any existence.

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XX. MAHRATTA WAR, AND PEACE.

I.

“sent and approbation of the governour-general

“ and council' first had and obtained, except in That by an act passed in 1773 it was ex- “ such cases of imminent necessity as would renpressly ordered and provided, “ that it should not “ der it dangerous to postpone such hostilities or “ be lawful for any president and council at Ma- “ treaties, until the orders from the governour

dras, Bombay, or Bencoolen, for the time being, “ general and council might arrive.”—That ne" to make

any orders for commencing hostilities, vertheless the president and council of Bombay or declaring or making war, against any Indian did, in December 1774, without the consent and

princes or powers, or for negociating or conclud- approbation of the governour-general and council “ing any treaty of peace, or other treaty, with any of Fort William, and in the midst of profound “ such Indian princes or powers, without the con- peace, commence an unjust and unprovoked war

II.

against the Mahratta government; did conclude a “ to be an insuperable bar to the completion of treaty with a certain person, a fugitive from that “ the treaty concluded with the Mahratta governgovernment, and proscribed by it, named Rago- “ment; nor could any sincere cordiality and naut Row, or Rayoba ; and did, under various good understanding be established with them, base and treacherous pretences, invade and con- as long as he should appear to derive encouquer the island of Salsette, belonging to the “ragement and support from the English.” That Mahratta government.

Sir John Clavering died soon after, and that the late Edward Wheler, Esquire, succeeded to a seat in the supreme council. That on the 29th of

January 1778, the governour-general and council That Warren Hastings, on the first advices re- received a letter from the presidency of Bombay, ceived in Bengal of the above transactions, did dated 12th December 1777, in which they decondemn the same in the strongest terms ; declar- clared, “ that they had agreed to give encourageing, that “ the measures adopted by the presidency “ ment to a party formed in Ragoba's favour,

of Bombay had a tendency to a very extensive “ and flattered themselves they should meet with “ and indefinite scene of troubles; and that their “ the hearty concurrence of the governour-ge"conduct was unseasonable, impolitick, unjust, and “ neral and council in the measures they might “unauthorized.” And the governour-general “ be obliged to pursue in consequence.” That and council, in order to put a stop to the said un- the party so described was said to consist of just hostilities, did appoint an ambassadour to the four principal persons in the Mahratta state, peshwa or chief of the Mahratta state, resident at on whose part some overtures had been made Poona ; and the said ambassadour did, after a long to Mr. William Lewis, the resident of Bombay, negociation, conclude a definitive treaty of peace at Poona, for the assistance of the company with the said peshwa on terms highly honourable to bring Ragoba to Poona. That the said and beneficial to the East India company, who by Warren Hastings, immediately on the receipt the said treaty obtained from the Mahrattas a ces- of the preceding advices, did propose and carry sion of considerable tracts of country, the Mahratta it in council, by means of his casting voice, and share of the city of Broach, twelve lacks of rupees against the remonstrances, arguments, and sofor the expences of the said unjust war, and parti- lemn protest of two members of the supreme cularly the island of Salsette, of which the presi-council, that the sanction of that government dency of Bombay had possessed themselves by should be given to the plan, which the president surprise and treachery ; that in return for these and council of Bombay had agreed to form with extraordinary concessions, the articles principally the Mahratta government; and also, that a supply insisted on by the Mahrattas, with a view to their of money (to the amount of ten lacks of rupees) own future tranquillity and internal quiet, were, should be immediately granted to the president that no assistance should be given to any subject and council of Bombay for the support of their or servant of the peshwa, thut should cause dis- engagements above mentioned; and also that a turbances or rebellion in the Mahratta dominions, military force should be sent to the presidency of and particularly that the English should not as- Bombay. That in defence of these resolutions the sist Ragonaut Row, to whom the Mahrattas said Warren Hastings did falsely pretend and agreed to allow five lacks of rupees a year, or a affirm, " that the resolution of the presidency of jaghire to that amount, and that he should reside Bombay was formed on such a case of imminent at Benares; that nevertheless the presidency of necessity, as would have rendered it dangerous Bombay did receive and keep Ragonaut Row at to postpone the execution of it until the orders Bombay, did furnish him with a considerable from the governour-general and council might establishment, and continue to carry on secret

“ arrive; and that the said presidency of Bombay intrigues and negociations with him, thereby giv- were warranted by the treaty of Poorunder to ing just ground of jealousy and distrust to the join in a plan for conducting Ragonaut Row to Mahratta state : that the late Colonel John “ Poona on the application of the ruling part of Upton, by whom the treaty of Poorunder was “ the Mahratta state;" whereas the main object of negociated and concluded, did declare to the go- the said treaty on the part of the Mahrattas, and vernour-general and council, “ that while Rago- to obtain which they made many important concesnaut Row resides at Bombay in expectation of sions to the India company, was, that the English being supported, the ministers can place no should withdraw their forces, and give no assistance confidence in the council there ; which must to Ragoba, and that he should be excluded for ever now be productive of the greatest inconvenien- from any share in their government, being a person cies, and perhaps in the end of fatal conse- universally held in abhorrence in the Mahratta

quences.” That the said Warren Hastings, empire; and if it had been true (instead of being, as concurring with his council, which then consisted it was, notoriously false) that the ruling part of the of Sir John Clavering, Richard Barwell, and administration of the Mahratta state solicited the Philip Francis, Esquires, did, on the 18th of Au- return of Ragonaut Row to Poona, his return in gust 1777, declare to the presidency of Bombay, that case might have been effected by acts of their that “ he could see no reason to doubt, that the own, without the interposition of the English power, " presence of Ragoba at Bombay would continue and without our interference in their affairs. That

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28 May 1792

it was the special duty of the said Warren Hast- | declare to the presidency of Bombay," that it was ings, derived from a special trust reposed in him," the opinion of the governour-general and and power committed to him by parliament, to council, that no time ought to be lost in forming have restrained, as by law he had authority to “ and carrying into execution such measures as do, the subordinate presidency, of Bombay from "might most effectually tend to frustrate such entering into hostilities with the Mahrattas, or dangerous designs :"_that the said Warren from making engagements, the manifest tendency Hastings therefore, instead of fixing his attention of which was to enter into those hostilities, and to the preservation of peace throughout India, to have put a stop to them, if any such had been it was his duty to have done, did continue to abet, begun. That he was bound by the duty of his encourage, and support the dangerous projects of office to preserve the faith of the British govern the presidency of Bombay, and did thereby maniment, pledged in the treaty of Poorunder, invio- fest a determined intention to disturb the peace

of late and sacred, as well as by the special orders India, by the unfortunate success of which intenand instructions of the East India company to tion, and by the continued efforts of the said Hastfix his attention to the preservation of peace ings, the greater part of India has been for several throughout India ; all which important duties the years involved in a bloody and calamitous war. That said Warren Hastings did wilfully violate, in both the court of directors and court of propriegiving the sanction of the governour-general and tors did specially instruct the said Warren Hastcouncil to the dangerous, faithless, and ill-con- ings, in all his measures, “ to make the safety and certed projects of the president and council of prosperity of Bengal his principal object," and Bombay herein before mentioned, from which the did heavily censure the said Warren Hastings for subsequent Mahratta war, with all the expence, having employed their troops at a great distance distress, and disgraces, which have attended it, from Bengal in a war against the Rohillas, which took their commencement; and that the said the house of commons have pronounced to be Warren Hastings therefore is specially and prin- iniquitous, and did on that occasion cipally answerable for the said war, and for all expressly declare, “ that they disap- 25 Dec. 1775. the consequences thereof. That in a letter dated “ proved of all such distant expeditions as might the 20th of January 1778, the president and eventually carry their forces to any situation council of Bombay informed the governour- “ too remote to admit of their speedy and safe general and council, that in consequence of later return to the protection of their own provinces, intelligence received from Poona, they had imme- “ in case of emergency.

That the said Warren diately resolved, that nothing further could be Hastings nevertheless ordered a detachment from done, unless Saccaram Baboo the principal in the Bengal army to cross the Jumna, and to prothe late treaty (of Poorunder) joined in making ceed across the Peninsula by a circuitous route a formal application to them. That no such ap- through the Diamond country of Bundle Cund, plication was ever made by that person. That and through the dominions of the rajah of Berar, the said Warren Hastings finding, that all this situated in the centre of Hindostan, and did therepretended ground for engaging in an invasion of by strip the provinces subject to the government the Mahratta government had totally failed, did of Fort William of a considerable part of their then pretend to give credit to, and to be greatly established defence, and did thereby disobey the alarmed by, the suggestions of the president general instructions and positive orders of the and council of Bombay, that the Mahrattas were court of directors, (given upon occasion of a crime negociating with the French, and had agreed to of the same nature committed by the said Hastgive them the port of Choul, on the Malabar ings,) and was guilty of an high crime and misdecoast, and did affirm, that the French had ob- meanour. tained possession of that port; that all these That the said Warren Hastings, having taken the suggestions and assertions were false ; and if they measures hereinbefore described for supporting had been true, would have furnished no just oc- those of the presidency of Bombay, did, on the casion for attacking either the Mahrattas or the 23d of March 1778, “ invest the said presidency French, with both of whom the British nation was “ with authority to form a new alliance with Rathen at peace :—that the said Warren Hastings “ goba, and to engage with him in any scheme, did then propose and carry the following resolu- “ which they should deem expedient and safe for tion in council, against the protest of two members“ retrieving his affairs.” That the said Hastings thereof, that, “ for the purpose of granting you was then in possession of a letter from the court “ (the presidency of Bombay) the most effectual of directors, dated the 4th of July 1777, contain

support in our power, we have resolved to as- ing a positive order to the presidency of Bombay, “ semble a strong military force near Calpee, the in the following words: “ though that treaty “commanding officer of which is to be ordered to “ (meaning the treaty of Poorundur) is not, upon “ march by the most practicable route, to Bombay, “ the whole, so agreeable to us as we could wish,

or to such other places as future occurrences, “ still we are resolved strictly to adhere to it on our “ and your directions to him, may render it ex- parts.

You must therefore be particularly vigi“ pedient." And with respect to the steps said to “ lant, while Ragoba is with you, to prevent him be taking by the French to obtain a settlement on “ from forming any plan against what is called the the Malabar coast, the said Warren Hastings did “ministerial party at Poona; and we hereby posi

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