APPENDIX B. No. 8. EXTRACT of Bengal Secret Consultations, the 9th January 1781. THE following letter from the governour-general having been circulated, and the request therein made complied with, an order on the treasury passed accordingly. 1780, relative to an unusual tender and advance of money, made by him to the council, as entered on your consultation of the 26th of June, for the purpose of indemnifying the company from the extraordinary charge, which might be incurred by supplying the detachment under the command of Major Camac, in the invasion of the Mahratta dominions, which lay beyond the district of Gohud; and thereby drawing the attention of Mhadjee Scindia (to whom the country appertained) from General Goddard, while the General was employed in the reduction of Bassein, and in securing the conquests made in the Guzerat country; and also respecting the sum of three lacks of rupees advanced by the governour-general for the use of the army under the command of Chimnajee Boosla without the authority or knowledge of the council; with the reasons for taking these extra-be granted me upon the terms of the second loan, ordinary steps, under the circumstances stated in his letter. 128. In regard to the first of these transactions, we readily conceive, that in the then state of the council the governour-general might be induced to temporary secrecy respecting the members of the board, not only because he might be apprehensive of opposition to the proposed application of the money, but, perhaps, because doubts might have arisen concerning the propriety of appropriating it to the company's use, on any account; but it does not appear to us that there could be any real necessity for delaying to communicate to us immediate information of the channel, by which the money came into his possession, with a complete illustration of the cause or causes of so extraordinary an event. 129. Circumstanced as affairs were at the moment, it appears, that the governour-general had the measure much at heart, and judged it absolutely necessary. The means proposed of defraying the extra expence were very extraordinary; and the money, as we conceive, must have come into his hands by an unusual channel: and when more complete information comes before us, we shall give our sentiments fully upon the whole transaction. HONOURABLE SIR AND SIRS, HAVING had occasion to disburse the sum of three lacks of sicca rupees on account of secret services, which having been advanced from my own private cash, I request the same may be repaid to me in the following manner:-a bond to bearing date from the 1st of October, for one Fort William, 5th January 1781. APPENDIX B. No. 9. AN Account of Bonds granted to the GovernourGeneral, from 1st January 1779 to 31st May 1782, with Interest paid or credited thereon. When paid into the 23d November 1780 Do. Do. 130. In regard to the application of the company's money to the army of Chimnajee Boosla by 8th May 1782 the sole authority of the governour-general, he knew, that it was entirely at his own risk, and he has taken the responsibility upon himself; nothing but the most urgent necessity could warrant the measure; nor can any thing short of full proof of such necessity, and of the propriety and utility of the extraordinary step taken on the occasion, entitle the governour-general to the approbation of the court of directors; and therefore, as in the former instance relative to the sum advanced and paid into our treasury, we must also, for the present, suspend our judgment respecting the money sent to the Berar army; without approving it in the least degree, or proceeding to censure our governour-general for this transaction. There does not appear to have been any interest paid on the above Bonds to 31st May 1782, the last accounts received. In the Interest ·Books 1780-81, the last received, the governour-general has credit for interest on the first six to April 1781, to the amount of CRs. 21,964. 12. 8. (Errours excepted.) East-India House, JOHN ANNIS, ARTICLES OF CHARGE OF HIGH CRIMES AND MISDEMEANOURS, AGAINST WARREN HASTINGS, ESQUIRE, LATE GOVERNOUR-GENERAL OF BENGAL. Presented to the House of Commons upon the 4th day of April 1786. I. ROHILLA WAR. THAT the court of directors of the East India or consideration should either tempt or compel company, from a just sense of the danger and "him to pass the political line, which they (the odium incident to the extension of their conquests "directors) had laid down for his operations with in the East Indies, and from an experience of the "the vizier;" assuring the court of directors, that disorders and corrupt practices, which intrigues he "scarce saw a possible advantage, which could and negociations to bring about revolutions among compensate the hazard and expence to be inthe country powers had produced, did positively "curred by a contrary conduct:"-that he did and repeatedly direct their servants in Bengal not frequently repeat the same declarations, or deto engage in any offensive war whatsoever that clarations to the same effect, particularly in a the said court laid it down as an invariable maxim, letter to the nabob himself of the 22d of November which ought ever to be maintained, that they were 1773, in the following words: "The commands to avoid taking part in the political schemes of" of my superiours are, as I have repeatedly inany of the country princes; and did, in particular, order and direct, that they should not engage with a certain prince called Sujah ul Dowla, nabob of Oude, and vizier of the empire, in any operations beyond certain limits in the said orders specially described. "formed you, peremptory, that I shall not suffer "their arms to be carried beyond the line of their "own boundaries, and those of your Excellency "their ally." That the said Warren Hastings, in direct contradiction to the said orders, and to his own sense That Warren Hastings, Esq. then governour of of their propriety and coercive authority, and in Fort William in Bengal, did, with other members breach of his express promises and engagements, of the council, declare his clear understanding of did, in September 1773, enter into a private enthe true intent and meaning of the said positive and gagement with the said nabob of Oude, who was repeated orders and injunction; did express to the special object of the prohibition, to furnish him, the court of directors his approbation of the policy for a stipulated sum of money to be paid to the thereof;-did declare, that he adopted the same East India company, with a body of troops for with sincerity and satisfaction, and that he was the declared purpose of" thoroughly extirpating too well aware of the ruinous tendency of all the nation of the Rohillas;"-a nation, from schemes of conquest ever to adopt them, or ever whom the company had never received, or preto depart from the absolute line of self-defence, tended to receive, or apprehend, any injury whatunless impelled to it by the most obvious neces- soever; whose country, in the month of February sity;-did signify to the nabob of Oude the said 1773, by an unanimous resolution of the said orders, and his obligation to yield punctual obe-Warren Hastings and his council, was included in dience thereto; and did solemnly engage and promise to the court of directors, with the unanimous concurrence of the whole council," that no object the line of defence against the Mahrattas, and from whom the nabob never complained of an aggression or act of hostility, nor pretended a dis tinct cause of quarrel, other than the non-payment of a sum of money in dispute between him and that people. That supposing the sum of money in question to have been strictly due to the said nabob by virtue of any engagement between him and the Rohilla chiefs, the East India company, or their representatives, were not parties to that engagement, or guarantees thereof, nor bound by any obligation whatever to enforce the execution of it. conditions thereof formed into any regular written instrument, signed and sealed by the parties; but the whole (both the negociation and the compact of offensive alliance against the Rohillas) was a mere verbal engagement, the purport and conventions whereof no where appeared, except in subsequent correspondence, in which certain of the articles, as they were stated by the several parties, did materially differ;-a proceeding new and unprecedented, and directly leading to mutual misconstruction, evasion, and ill faith, and tending to encourage and protect every species of corrupt, clandestine practice :-that, at the time when this private verbal agreement was made by the said Warren Hastings with the nabob of Oude, a publick ostensible treaty was concluded by him with the said nabob, in which there is no mention whatever of such agreement, or reference whatever to it; in defence of which omission it is asserted by the said Warren Hastings, that the multiplication of treaties weakens their efficacy, and therefore they should be reserved only for very important and permanent obligations; notwithstanding he had previously declared to the said nabob, " that the points, "which he had proposed, required much consideration, and the previous ratification of a formal agreement before he could consent to them."That the whole of the said verbal agreement with the nabob of Oude in his own person, without any assistance on his part, was carried on and concluded by the said Warren Hastings alone, without any person who might witness the same; without the intervention even of an interpreter, though he confesses, that he spoke the Hindostan language imperfectly, and although he had with him at that time and place several persons high in the company's service and confidence, namely, the commander in chief of their forces, two members of their council, and the secretary to the council, who were not otherwise acquainted with the proceedings between him and the said nabob, than by such communications as he thought fit to make to them. 66 That, previous to the said Warren Hastings's entering into the agreement or bargain aforesaid to extirpate the said nation, he did not make, or cause to be made, a due enquiry into the validity of the sole pretext used by the said nabob; nor did he give notice of the said claims of debt to the nation of the Rohillas, in order to receive an explanation on their part of the matter in litigation, nor did he offer any mediation, nor propose, nor afford an opportunity of proposing, an agreement or submission, by which the calamities of war might be avoided; as, by the high state, in which the East India company stood as a sovereign power in the East, and the honour and character it ought to maintain, as well as by the principles of equity and humanity, and by the true and obvious policy of uniting the power of the Mahometan princes against the Mahrattas, he was bound to do :-that, instead of such previous enquiry, or tender of good offices, the said Warren Hastings did stimulate the ambition and ferocity of the nabob of Oude to the full completion of the inhuman end of the said unjustifiable enterprise by informing him, "that it "would be absolutely necessary to persevere in it "until it should be accomplished;" pretending, that a fear of the company's displeasure was his motive for annexing the accomplishment of the enterprise as a condition of his assistance, and asserting, "that he could not hazard or answer "for the displeasure of the company, his masters, "if they should find themselves involved in a fruitless war, or in an expence for prosecuting "it"-a pretence tending to the high dishonour of the East India company, as if the gain to be acquired was to reconcile that body to the breach of their own orders prohibiting all such enterprises. And in order further to involve the said nabob beyond the power of retreating, he did, in the course of the proceeding, purposely put the said nabob under difficulties in case he should decline that war, and did oblige him to accept even the permission to relinquish the execution of this unjust project as a favour, and to make concessions for it; thereby acting as if the company were principals in the hostility; and employing for this purpose much double dealing, and divers unworthy artifices, to entangle and perplex the said nabob, but by means of which he found himself (as he has entered it on record) hampered and embarrassed" in a particular manner. 46 That the said compact for offensive alliance in favour of a great prince, against a considerable nation, was not carried on by projects and counterprojects in writing; nor were the articles and That the object avowed by the said Warren Hastings, and the motives urged by him for employing the British arms in the utter extirpation of the Rohilla nation, are stated by himself in the following terms: "the acquisition of forty lacks of 66 rupees to the company, and of so much species. "added to the exhausted currency of our pro"vinces ;—that it would give wealth to the nabob "of Oude, of which we should participate ;-that "the said Warren Hastings should always be 66 66 ready to profess, that he did reckon the probable "acquisition of wealth among his reasons for taking up arms against his neighbours ;-that it would ease the company of a considerable part of their "military expence, and preserve their troops from inaction and relaxation of discipline;-that the "weak state of the Rohillas promised an easy conquest of them; and, finally, that such was "his idea of the company's distress at home, "added to his knowledge of their wants abroad, "that he should have been glad of any occasion "to employ their forces, which saved so much of "favourable circumstance in the negociations of "their pay and expences." That, in the private verbal agreement aforesaid for offensive war, the said Warren Hastings did transgress the bounds of the authority given him by his instructions from the council of Fort William, which had limited his powers to such compacts" as were consistent with the spirit of the company's orders;" which council he afterwards persuaded, and with difficulty drew into an acquiescence in what he had done. 66 That the agreement to the effect aforesaid was settled in the said secret conferences, before the 10th of September 1773; but the said Warren Hastings, concealing from the court of directors a matter, of which it was his duty to afford them the earliest and fullest information, did, on the 10th of September 1773, write to the directors, and dispatched his letter over land, giving them an account of the publick treaty, but taking not the least notice of his agreement for a mercenary war against the nation of the Rohillas. "its renewal." All these considerations did not prevent the said Warren Hastings from making and carrying into execution the said mercenary agreement for a sum of money, the payment of which the nabob endeavoured to evade on a construction of the verbal treaty; and was so far from being insisted on, as it ought to have been, by the said Warren Hastings, that when, after the completion of the service, the commander in chief was directed to make a demand of the money, the agent of the said Warren Hastings at the same time assured the nabob, "that the demand was nothing more than matter of form, common, and even necessary in all publick transactions; and "that, although the board considered the claim "of the government literally due, it was not the "intention of administration to prescribe to his "Excellency the mode or even limits of payment." Nor was any part of the money recovered until the establishment of the governour-general and council by act of parliament, and their determination to withdraw the brigade from the nabob's service: the resident at his court, appointed by the said Warren Hastings, having written, that he 66 That, in order to conceal the true purport of the said clandestine agreement the more effectually, and until he should find means of gaining over the rest of the council to a concurrence in his dis-had experienced much duplicity and deceit in most obedience of orders, he entered a minute in the council books, giving a false account of the transaction; in which minute he represented, that the nabob had indeed proposed the design aforesaid, and that he (the said Warren Hastings) was pleased, that he urged the scheme of this expedition no further, when in reality and truth he had absolutely consented to the said enterprise, and had engaged to assist him in it, (which he afterwards admitted,) and confessed, that he did act in consequence of the same. 66 That the said Warren Hastings and his council were sensible of the true nature of the enterprise, in which they had engaged the company's arms, and of the heavy responsibility, to which it would subject himself and the council, "the personal "hazard they, the council, run, in undertaking so "uncommon a measure without positive instruc"tions at their own risk, with the eyes of the "whole nation on the affairs of the company, and "the passions and prejudices of almost every man "in England inflamed against the conduct of the company, and the character of its servants;" yet they engaged in the very practice, which had brought such odium on the company, and on the character of its servants, though they further say, that they had continually before their eyes the dread of forfeiting the favour of their employers, and becoming the "objects of popular invectives." The said Warren Hastings himself says, at the very time when he proposed the measure, "I must confess, I entertain some doubts as to its expediency at this time, from the circumstances "of the company at home exposed to popular "clamour, and all its measures liable to be can"vassed in parliament; their charter drawing to a close, and His Majesty's ministers unques"tionably ready to take advantage of every un 66 66 of his transactions with his Excellency; and the said nabob and his successours falling back in other payments in the same or greater proportion, as he advanced in the payment of this debt; the consideration of lucre to the company, the declared motive to this shameful transaction, totally failed, and no money in effect and substance (as far as by any account to be depended on appears) has been obtained. That the said nabob of Oude did, in consequence of the said agreement, and with the assistance of British troops, which were ordered to march, and subjected to his disposal by the said Warren Hastings and the council, unjustly enter into and invade the country of the Rohillas, and did there make war in a barbarous and inhuman manner" by an abuse of victory;""by the un 66 66 necessary destruction of the country;"" by a "wanton display of violence and oppression, of inhumanity and cruelty ;" and " by the sudden "expulsion and casting down of an whole race of people, to whom the slightest benevolence was "denied." When prayer was made not to dishonour the begum (a princess of great rank, whose husband had been killed in battle) and other women by dragging them about the country, to be loaded with the scoffs of the nabob's rabble, and otherwise still worse used, the nabob refused to listen to the intreaties of a British commander in chief in their favour; and the said women of high rank were exposed not only to the vilest personal indignities, but even to absolute want; and these transactions being by Colonel Champion communicated to the said Warren Hastings, instead of commendations for his intelligence, and orders to redress the said evils, and to prevent the like in future by means which were suggested, and which appear to have been proper and feasible, he re of their future proceedings relative to the obscure, intricate, and critical transaction aforesaid, he did positively and pertinaciously refuse to deliver any other than such parts of the said correspondence as he thought convenient; covering his said illegal refusal under general vague pretences of secrecy and danger from the communication; although the said order and instruction of the court of directors above mentioned was urged to him, and although it was represented to him by the said council, that they, as well as he, were bound by an oath of secrecy; which refusal to obey the ceived a reprimand from the said Warren Hastings, who declared, that we had no authority to controul the conduct of the vizier in the treatment of his subjects: and that Colonel Champion desisted from making further representations on this subject to the said Warren Hastings, being apprehensive of having already run some risk of displeasing by perhaps a too free communication of sentiments. That, in consequence of the said proceedings, not only the eminent families of the chiefs of the Rohilla nation were either cut off or banished, and their wives and offspring reduced to utter ruin, but the country itself, heretofore dis-orders of the court of directors (orders specially, tinguished above all others for the extent of its cultivation, as a garden, not having one spot in it of uncultivated ground, and from being in the most flourishing state that a country could be, was by the inhuman mode of carrying on the war, and the ill government during the consequent usurpation, reduced to a state of great decay and depopulation, in which it still remains. That the East India company, having had reason to conceive, that, for the purpose of concealing corrupt transactions, their servants in India had made unfair, mutilated, and garbled communications of correspondence, and sometimes had wholly withheld the same, made an order in their letter of the 23d of March 1770, in the following tenour." The governour singly shall correspond "with the country powers; but all letters, before "they shall be by him sent, must be communicat"ed to the other members of the select committee, "and receive their approbation; and also all "letters whatsoever, which may be received by "the governour, in answer to, or in course of cor"respondence, shall likewise be laid before the "said select committee for their information and "consideration.”—And that in their instructions to their governour-general and council, dated 30th March 1774, they did repeat their orders to the same purpose and effect. That the said Warren Hastings did not obey, as in duty he was bound to do, the said standing orders; nor did communicate all his correspondence with Mr. Middleton, the company's agent at the court of the soubah of Oude, or with Colonel Champion, the commander in chief of the company's forces in the Rohilla war, to the select committee and when afterwards, that is to say, on the 25th of October 1774, he was required by the majority of the council appointed by the act of parliament of 1773, whose opinion was by the said act directed to be taken as the act of the whole council, to produce all his correspondence with Mr. Middleton and Colonel Champion for the direction and on weighty grounds of experience, pointed to cases of this very nature) gave rise to much jealousy, and excited great suspicions relative to the motives and grounds on which the Rohilla war had been undertaken. That the said Warren Hastings, in the grounds alleged in his justification of his refusal to communicate to his colleagues in the superiour council his correspondence with Mr. Middleton, the company's resident at Oude, was guilty of a new offence; arrogating to himself unprecedented and dangerous powers, on principles utterly subversive of all order and discipline in service, and introductory to corrupt confederacies and disobedience among the company's servants; the said Warren Hastings insisting, that Mr. Middleton, the company's covenanted servant, the publick resident for transacting the company's affairs at the court of the soubah of Oude, and as such receiving from the company a salary for his service, was no other than the official agent of him the said Warren Hastings, and that, being such, he was not obliged to communicate his correspondence. That the court of directors, and afterwards a general court of the proprietors of the East India company, although the latter shewed favourable dispositions towards the said Warren Hastings, and expressed (but without assigning any ground or reason) the highest opinion of his services and integrity, did unanimously condemn (along with his conduct relative to the Rohilla treaty and war) his refusal to communicate his whole correspondence with Mr. Middleton to the superiour council; yet the said Warren Hastings, in defiance of the opinion of the directors, and the unanimous opinion of the general court of the said East India company, as well as the precedent positive orders of the court of directors, and the injunctions of an act of parliament, has, from that time to the present, never made any communication of the whole of his correspondence to the governour-general and council, or to the court of directors. |