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quire an influence over the rajah, and over his | country, which would in effect render him the "master of both. This consequence might not perhaps be brought completely to pass without a struggle and many appeals to council, which "in a government constituted like this cannot fail "to terminate against the rajah; and, by the "construction, to which his opposition to the "agent would be liable, might eventually draw on "him severe restrictions, and reduce him to the mean and depraved state of a mere zemindar."

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X.

That in order to satisfy the said rajah of the intentions of the company towards him, and of the true sense and construction of the grants to him, the said rajah, to be made, the governour-general (he the said Warren Hastings) and council did, on the 24th August 1775, instruct Mr. Fowke, the resident at the rajah's court, in the following words: "It is proper to assure the rajah we do "not mean to encrease his tribute, but to require "from him an exact sum. That, under the sovereignty of the company, we are determined to "leave him the free and uncontrouled management "of the internal government of his country, and "the collection and regulation of the revenues, so long as he adheres to the terms of his engagement; and will never demand any augmentation "of the annual tribute, which may be fixed."

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XI.

That the said Warren Hastings and the council general, not being satisfied with having instructed the resident to make the representation aforesaid, to remove all suspicion, that by the new grants any attempt should insidiously be made to change his former tenure, did resolve, that a letter should be written by the governour-general himself to the rajah of Benares, to be delivered to Mr. Fowke the resident, together with his credentials; in which letter they declare "the board willing to "continue the grant of the zemindary to him in as "full and ample a manner as he possessed it from "former sovereigns; and on his paying the annual "tribute, &c." And in explaining the reasons for granting to him the mint and criminal justice, they inform him, that this is done in order "that he “may possess an uncontrouled and free authority "in the regulation and government of his zemin"dary."

XII.

That on the 26th February 1776 the board and council did order, that the proper instruments should be prepared for conveying to the rajah aforesaid the government and criminal justice, and mint of Benares, with its dependencies," in the "usual form; expressing the conditions already "resolved on in the several proceedings of the "board." And on the same day a letter was

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written to the resident at Benares signifying, that they had ordered the proper instruments to be prepared, specifying the terms concerning the remittance of the rajah's tribute to Calcutta, as well as "the several other conditions, which had been already agreed to; and that they should for"ward it to him, to be delivered to the rajah." And on the 20th of March following, the board did again explain the terms of the said tribute in a letter to the court of directors; and did add, "that a sannud (grant or patent) for his (Cheit "Sing's) zemindary should be furnished him on "these, and the conditions before agreed on."

XIII.

That during the course of the transactions aforesaid in council, and the various assurances given to the rajah and the court of directors, certain improper and fraudulent practices were used with regard to the symbols of investiture, which ought to have been given, and the form of the deeds, by which the said zemindary ought to have been granted; for it appears, that the original deeds were signed by the board on the 4th September 1775, and transmitted to Mr. Fowke, the resident at the rajah's court; and that, on the 20th of November following, the court of directors were acquainted by the said Warren Hastings and the council, that Rajah Cheit Sing had been invested with the sannud (charters or patents) for his zemindary, and the kellaut (or robes of investiture) in all the proper forms. But, on the 1st of October 1775, the rajah did complain to the governour-general and council, that the kellaut (or robes) with which he was to be invested according to their order, "is not of the same kind, as that which he received from the last vizier on the like occasion." In consequence of the said complaint, the board did, in their letter to the resident of the 11th of the same month, desire him "to make enquiry respecting the nature of the kellaut, and invest him with one of the same

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sort, on the part of this government, instead of "that which they formerly described to him." And it appears highly probable, that the instruments which accompanied the said robes of investiture, were made in a manner conformable to the orders and directions of the board, and the conditions by them agreed to; as the rajah, who complained of the insufficiency of the robes, did make no complaint of the insufficiency of the instruments, or of any deviation in them from those he had formerly received from the vizier. But a copy or duplicate of the said deeds, or instruments, was in some manner surreptitiously disposed of, and withheld from the records of the company, and never was transmitted to the court of directors.

XIV.

That several months after the said settlement and investiture, namely, on the 15th of April 1776,

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displeasure against him. In that year, he, the said Warren Hastings, retracted his own act of resignation of his office, made to the court of directors through his agent Mr. Maclean; and, calling in the aid of the military to support him in his authority, brought the divisions of the government, according to his own expression, "to an extremity " bordering on civil violence." This extremity he attributes, in a narrative by him transmitted to the court of directors, and printed, not to his own fraud and prevarication, but to what he calls "an attempt to wrest from him his authority;" and in the said narrative he pretends, that the rajah of Benares had deputed an agent with an express commission to his opponent Sir John Clavering.— This fact, if it had been true, (which is not proved,) was in no sort criminal or offensive to the company's government; but was at first sight nothing more than a proper mark of duty and respect to the supposed succession of office. Nor is it possible to conceive in what manner it could offend the said Hastings, if he did not imagine, that the express commission, to which in the said narrative he refers, might relate to the discovery to Sir John Clavering of some practice, which he might wish to conceal; the said Clavering, whom he styles "his opponent," having been engaged, in obedience to the company's express orders, in the dis

the secretary informed the court, that he had prepared a sannud, cabbolut, and pottah (that is, a patent, an agreement, and a rent-roll) for Cheit Sing's zemindary; and the board ordered the same to be executed. But the resident, on receiving the same, did transmit the several objections made by the rajah thereto, and particularly to a clause in the patent, made in direct contradiction to the engagements of the council so solemnly and repeatedly given; by which clause the former patents are declared to be null. That on the representation aforesaid, on the 29th July, the secretary was ordered to prepare new and proper instruments, omitting the clause declaring the former patents to be null, and the said new patents were delivered to the rajah; and the others, which he objected to, as well as those which had been delivered to him originally, were returned to the presidency. But neither the first set of deeds, nor the fraudulent patent aforesaid, nor the new instruments made out on the complaint of the rajah, omitting the exceptionable words, have been inserted in the records, although it was the particular duty of the said Warren Hastings, that all transactions with the country powers should be faithfully entered; as well as to take care, that all instruments transmitted to them on the faith of the company should be honestly, candidly, and fairly executed according to the true intent and meaning of the engage-covery of sundry peculations, and other evil pracments entered into on the part of the company; giving by the said complicated, artificial, and fraudulent management, as well as by his said omitting to record the said material document, strong reason to presume, that he did even then meditate to make some evil use of the deeds, which he thus withheld from the company, and which he did afterwards in reality make, when he found means and opportunity to effect his evil purpose.

tices, charged upon the said Hastings. But although, at the time of the said pretended deputation, he dissembled his resentment, it appears to have rankled in his mind, and that he never forgave it, of whatever nature it might have been (the same never having been by him explained); and some years after he recorded it in his justification of his oppressive conduct towards the rajah, urging the same with great virulence and asperity as a proof or presumption of his the said rajah's disaffection to the company's government; and, by his subsequent acts, he seems the first to have resolved, when opportunity should occur, on a severe revenge.

PART II.

Designs of Mr. Hastings to ruin the Rajah of
Benares.

I.

II.

That having obtained, in his casting vote, a majority in council on the death of Sir John Clavering and Mr. Monson, he did suddenly, and without any previous general communication with the members of the board, by a minute of consultation of the 9th of July 1778, make an extraordinary demand, namely, "that the rajah of "Benares should consent to the establishment of "three regular battalions of sepoys, to be raised "and maintained at his own expence;" and the said expence was estimated at between fifty and

THAT the tribute transferred to the company by the treaty with the nabob of Oude, being £.250,000 a year sterling, and upwards, without any deductions whatsoever, was paid monthly with such punctual exactness, as had no parallel in the company's dealings with any of the native princes, or with any subject zemindar, being the only one who never was in arrears; and, accord-sixty thousand pounds sterling. ing to all appearance, a perfect harmony did prevail between the supreme council at Calcutta and the rajah. But though the rajah of Benares furnished no occasion of displeasure to the board, yet it since appears, that the said Warren Hastings did, at some time in the year 1777, conceive

III.

That the said requisition did suppose the consent of the rajah, the very word being inserted in the body of his, the said Warren Hastings's, mi

that year. And the said rajah did write to the said Hastings a letter, in order to mitigate and mollify him, declaring to the said Hastings, that his sole reliance was on him, " and that in every "instance he depended on his faith, religion, pro"mises, and actions." But he, the said Warren | Hastings, as if the being reminded of his faith and promises were an incentive to him to violate the same, although he had agreed that his demand should not be drawn into precedent, and the payment of the £.50,000 aforesaid should continue only for one year, did, the very day after he had received the letter aforesaid, renew a demand of the same nature, and on the very same pretence, this year, even less plausible than the former, of three battalions to be raised. The said rajah, on being informed of this requisition, did remind the said Warren Hastings, that he engaged in the last year, that but one payment should be made, and that he should not be called upon in future; and

declared himself in the following words to the said Warren Hastings :-" I am therefore hopeful you "will be kindly pleased to excuse me the five "lacks now demanded, and that nothing may be demanded of me beyond the amount expressed "in the pottah."

V.

nute; and the same was agreed to, though with some doubts on the parts of his colleagues, Mr. Francis and Mr. Wheler, concerning the right of making the same, even worded as it was. But Mr. Francis and Mr. Wheler soon after finding, that the rajah was much alarmed by this departure from the treaty, the requisition aforesaid was strenuously opposed by them. The said Hastings did, notwithstanding this opposition, persevere, and by his casting vote alone did carry the said unjust and oppressive demand. The rajah submitted, after some murmuring and remonstrance, to pay the sum required; but on the express condition, (as has been frequently asserted by him to the said Warren Hastings without any contradiction,) that the exaction should continue but for one year, and should not be drawn into precedent. He also requested, that the extraordinary demand should be paid along with the instalments of his monthly tribute: but although the said Warren Hastings did not so much as pretend, that the instant pay-pleading inability to discharge the new demand, ment was at all necessary, and though he was urged by his before-mentioned colleagues to moderate his proceedings, he did insist upon immediate payment of the whole; and did deliver his demand in proud and insulting language, wholly unfit for a governour of a civilized nation to use towards eminent persons in alliance with, and in honourable and free dependence upon, its government; and did support the same with arguments full of unwarrantable passion, and with references to reports affecting merely his own personal power and consideration, which reports were not proved, nor attempted to be proved; and, if proved, furnishing reasons insufficient for his purpose, and indecent in any publick proceedings. That the said Hastings did cause the said sums of money to be rigorously exacted, although no such regular battalions, as he pretended to establish as a colour for his demand on the rajah, were then raised, or any steps taken towards raising them. And when the said rajah pleaded his inability to pay the whole sum at once, he, the said Hastings, persevering in his said outrageous and violent demeanour, did order the resident to wait on the rajah forthwith, and "de"mand of him in person, and by writing, the full "payment in species to be made to him within "five days of such demand; and to declare to "him, in the name of this government, that his " evading or neglecting to accomplish the payment "thereof within that space of time should be "deemed equivalent to an absolute refusal; and "in case of non-compliance with this (the resident's) demand, we peremptorily enjoin you to "refrain from all further intercourse with him;" the said Hastings appearing by all his proceedings to be disposed to bring on a quarrel with the prince of Benares, rather than to provide money for any publick service.

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That on the day after the receipt of this letter, that is, on the 28th of August 1779, he, the said Warren Hastings, made a reply to the said letter; and, without any remark whatsoever on the allegation of the rajah, stating to him his engagement, that he, the said rajah, should not be called upon in future, he says, "I now repeat my demand, "that you do, on the receipt of this, without "evasion or delay, pay the five lacks of rupees "into the hands of Mr. Thomas Graham, who has "orders to receive it from you; and, in case of your refusal, to summon the two battalions of sepoys under the command of Major Camac "to Benares, that measures may be taken to oblige you to a compliance; and, in this case, "the whole expence of the corps, from the time "of its march, will fall on you."

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VI.

That the said rajah did a second and third time represent to the said Warren Hastings, that he had broke his promise, and the said Hastings did in no manner deny the same; but did in contempt thereof, as well as of the original treaty between the company and the rajah, order two battalions of troops to march into his territories, and in a manner the most harsh, insulting, and despotick, as if to provoke that prince to some act of resistance, did compel him to the payment of the said second unjust demand; and did extort also the sum of £.2,000, on pretence of the charge of the troops employed to coerce him.

VII.

That the third year, that is to say, in the year 1780, the same demand was, with the same menaces, renewed; and did, as before, produce several humble remonstrances and submissive complaints, which the said Hastings did always treat as crimes and offences of the highest order: and although in the regular subsidy or tribute, which was monthly payable by treaty, fifty days of grace were allowed on each payment, and after the expiration of the said fifty days one quarter per cent. only was provided as a penalty, he, the said Warren Hastings, on some short delay of payment of his third arbitrary and illegal demand, did presume of his own authority to impose a fine or mulct of £.10,000 on the said rajah; and though it does not appear whether or no the same was actually levied, the said threat was soon after followed by an order from the said Hastings for the march of troops into the country of Benares, as in the preceding year.

VIII.

That these violent and insulting measures failing to provoke the rajah, and he having paid up the whole demand, the said Warren Hastings, being resolved to drive him to extremities, did make on the said rajah a sudden demand, over and above the ordinary tribute or subsidy of £. 260,000 per annum, and over and above the £.50,000 extraordinary, to provide a body of cavalry for the service of the Bengal government.

IX.

said Hastings could only have made in hopes of
provoking the rajah to some imprudent measure,
or passionate remonstrance. And this arbitrary
demand of cavalry was made, and peremptorily
insisted on, although in the original treaty with
the said rajah it was left entirely optional whether
or not he should keep up any cavalry at all: and
in the minute of consultation it was expressly
mentioned to be thus optional; and for whatso-
ever cavalry he the said rajah should furnish, he
should be paid fifteen rupees per month for each
private, and so in proportion for officers; yet the
demand aforesaid was made without any offer
whatsoever of providing the said payment accord-
ing to treaty.
X.

That the said Hastings did soon after, but upon what ground does not appear by any minute of council, or from any correspondence contained in his narrative, reduce the demand to fifteen hundred, and afterwards to one thousand; by which he shewed himself to be sensible of the extravagance of his first requisition.

XI.

"did

That in consequence of these requisitions, as he asserts in his narrative aforesaid, the rajah "offer two hundred and fifty horse, but sent none.' But the said Hastings doth not accompany his said narrative with any voucher or document whatever; and therefore the account given by the rajah, and delivered to the said Warren Hastings himself, inserted by the said Warren Hastings himself in his narrative, and in no part thereof attempted to be impeached, is more worthy of credit; that is to say,

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The demand, as expressed in the minute of "With respect to the horse, you desired me in consultation, and in the publick instructions of the your letter to inform you of what number I board to the resident to make the requisition, is "could afford to station with you. I sent you a "for such part of the cavalry entertained in his particular account of all, that were in my ser"service as he can spare ;" and the demand is in "vice, amounting to one thousand three hundred this, and in no other, manner described by the "horse, of which several were stationed at distant governour-general and council, in their letter to" places; but I received no answer to this. Mr. the court of directors. But in a narrative of the "Markham delivered me an order to prepare said Warren Hastings's, addressed to Edward "a thousand horse. In compliance with your Wheler, Esquire, it appears that upon the rajah's "wishes, I collected five hundred horse, and a making difficulties according to the representation" substitute for the remainder, five hundred Burof the said Hastings, relative to the said requisition," kundasses, [matchlock men,] of which I sent the correspondence concerning which the said you information; and I told Mr. Markham, Hastings hath fraudulently suppressed, he, the "that they were ready to go to whatever place said Hastings, instead of adhering to the requisi-" they should be sent. No answer, however, came tion of such cavalry as the rajah could spare, and which was all, that by the order of council he was authorized to make, did, of his own private and arbitrary authority, in some letter, which he hath suppressed, instruct the resident Markham to make a peremptory demand for 2000 cavalry," which he well knew to be more than the rajah's finances could support, estimating the provision for the same at £.96,000 a year at the lowest, though the expence of the same would probably have been much more: which extravagant demand the

"from you on this head, and I remained asto"nished at the cause of it. Repeatedly I asked "Mr. Markham about an answer to my letter "about the horse; but he told me, that he did "not know the reason of no answer having been sent. I remained astonished."

XII.

That the said Hastings is guilty of an high offence in not giving an answer to letters of such

importance, and in concealing the said letters from
the court of directors, as well as much of his
correspondence with the residents; and more
particularly in not directing to what place the ca-
valry and matchlock men aforesaid should be sent,
when the rajah had declared they were ready to
go to whatever service should be destined for
them, and afterwards in maliciously accusing"
the rajah for not having sent the same.

XIII.

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you had it in your power to raise a large sum "for the company by accepting an offer, which "had been made for his districts by the vizier." And the said Anderson, in the declaration aforesaid, made at the request of the said Hastings, and addressed to him, expressed himself as follows: "that you told me you had communicated our designs to Mr. Wheler (his only remaining colleague); and I believe, but I do not positively recollect, you said he concurred in them." But no trace of any such communication or concurrence did, at the time referred to, or at any time ever after, appear on the consultations, as it ought to have done; and the said Hastings is criminal for having omitted to enter and record the proceeding. That the said Wheler did also declare, but a considerable time after the date of the conversations aforesaid, that, "on the eve of the governour-general's departure, the said Hastings "had told him, that the rajah's offences (not stating what offences, he having paid up all the demands, ordinary and extraordinary) were "declared to require early punishment; and as his "wealth was great, and the company's exigencies pressing, it was thought a measure of policy "and justice to exact from him a large pecuniary "mulct for their relief. The sum, to which the governour declared his resolution to extend the

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That, on the 3rd of February, 1781, a new demand for the support of the three fictitious battalions of sepoys aforesaid was made by the said Warren Hastings: but, whilst the rajah was paying by instalments the said arbitrary demand, the said rajah was alarmed with some intelligence of secret projects on foot for his ruin; and being well apprized of the malicious and revengeful temper of the said Hastings, in order to pacify him, if" possible, offered to redeem himself by a large ransom, to the amount of two hundred thousand pounds sterling, to be paid for the use of the company. And it appears, that the said alarm was far from groundless; for Major Palmer, one of the secret and confidential agents of the said Hastings, hath sworn, on the 4th of December 1781, at the desire of the said Warren Hastings, before Sir Elijah Impey, to the following effect: that is to say, "that the said Warren "Hastings had told him, the said Palmer, that he, "the said Hastings, had rejected the offer of two "hundred thousand pounds made by the rajah "of Benares for the publick service; and that he "was resolved to convert the faults committed "by the rajah into a publick benefit, and would "exact the sum of £.500,000 as a punishment "for his breach of engagements with the govern"ment of Bengal, and acts of misconduct in his "zemindary; and, if the rajah should absolutely "refuse the demand, that he would deprive him "of his zemindary, or transfer the sovereignty "thereof to the nabob of Oude."

XIV.

And Mr. Anderson, in his declaration from Scindia's camp, of the fourth of January 1782, did also, at the desire of Mr. Hastings, depose (though not on oath) concerning a conversation between him and the said Hastings (but mentioning neither the time nor place where the same was held); in which conversation, after reciting the allegations of the said Hastings relative to several particulars of the delay and backwardness of the rajah in paying the aforesaid extra demand, and his resolution to exact from the rajah "a con"siderable sum of money to the relief of the company's exigencies," he proceeds in the following words: "that if he (the rajah) consented, "you (the said Warren Hastings) were desirous of "establishing his possessions on the most perma"nent and eligible footing; but, if he refused,

fine, was forty or fifty lacks; his ability to pay "it was stated as a fact, that could not admit of a "doubt; and the two alternatives, on which the governour declared himself to have resolved,

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were to the best of my recollection, either a "removal from his zemindary entirely; or, by "taking immediate possession of all his forts, to "obtain out of the treasure deposited in them the "above sum for the company.'

XV.

That, in the declaration of the said Wheler, the time of the conversation aforesaid is stated to be on the eve of the governour's departure, and then said to be confidential; nor is it said, or insinuated, that he knew, or ever heard thereof, at a more early period, though it appears by Major Palmer's affidavit, that the design of taking not four or five, but absolutely five hundred thousand pounds from the rajah, was communicated to him as early as the month of June. And it does not appear by the declarations of the said Wheler, he did ever casually or officially approve of the measure; which long concealment and late communication, time not being allowed to his colleague to consider the nature and consequences of such a project, or to advise any precaution concerning the same, is a high misdemeanour.

XVI.

That the said Hastings, having formed a resolution to execute one of the three violent and arbitrary resolutions aforesaid, namely, to sell the company's sovereignty over Benares to the nabob

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