"
And' the said Mahomned Reza Khan did continue to
execute the same without ally complaint whatsoever
of malversation or negligence, in any manner or degree, in his said office.
And' the said Mahomned Reza Khan did continue to
execute the same without ally complaint whatsoever
of malversation or negligence, in any manner or degree, in his said office.
Edmund Burke
" He therefore found that there was
none or but an insufficient security to the effect of his
treaty, but in his own direct personal violation of it.
What otherwise was wanting in the security for the
Nabob's engagements was to be supplied as follows:
" The most respectable persons of his family will be
employed to counteract every other which may tend
to warp him from it; and I am sorry to say that such
assistance was wanting. " And in another letter,
" that he had equal ground to expect every degree of
support which could be given it by the first characters
of his family, who are warmly and zealously interested in it ": the principal male character of the family,
and of the most influence in that family, being Salar
Jung, uncle to the Nabob; and the first female characters of the family being the mother and grandniother of the reigning sovereign: all of whom, male and female, he, the said Warren Hastings, in sundry letters of his own, in the transmission of various official
documents, and even in affidavits studiously collected
and sworn before Sir Elijah Impey during his short
residence at Lucknow and Benares, did himself represent as persons entirely disaffected to the English
power in India, - as having been principal promoters,
if not original contrivers, of a general rebellion and
revolt for the utter extirpation of the English nation, -and as such, he, the said Warren Hastings,
did compel the Nabob reluctantly to take from them
their landed estates; and yet the said Warren Hastings has had the presumption to attempt to impose
? ? ? ? AGAINST WARREN HASTINGS. 173
on the East India Company by pretending to place
his reliance on those three persons for a settlement
favorable to the Company's interests, on his renunciation of all their own power, authority, and influence,
and on his leaving their army to the sole and uncontrolled discretion of a stranger, meriting in his opinion the description given by him as aforesaid, as well
as by him frequently asserted to be politically incapable of supporting his own power without the aid of the
forces of the Company. And the offence of the said
Warren Hastings, in abandoning a considerable part
of the British army in the manner aforesaid, is much
increased by the description which he has himself
given of the state of the said army, and particularly
of that part thereof which is stationed in the Nabob
of Oude's dominions: for he did himself, on the 29th
of November, 1781, transmit the information following, on that subject, to the Court of Directors, namely, -" that the remote stations of those troops, placing the commanding officers beyond the notice and control of the board [the Council-General] at Calcutta, afforded too much of opportunity and temptation
for unwarrantable emoluments, and excited the contagion
of peculation and rapacity throughout the whole army.
A most remarkable instance and uncontrovertible
proof of the prevalence of this spirit has been seen
in the court-martial upon Captain Erskine, where the
court, composed of officers of rank, and respectable
characters, unanimously and honorably, (most honorably,) upon an acknowledged fact, acquitted him,
which in times of stricter discipline would have
been deemed a crime deserving the severest punishment. " From which representation (if the said
Warren Hastings did not falsely and unjustly accuse
? ? ? ? 174 ARTICLES OF CHARGE
and slander the Company's service) it appeared that
the peculation which infected the whole army, derived
from the taint which it had in Oude, and so fatal to
the discipline of the troops, would be dangerously increased by his treaty and agreement aforesaid with the Nabob, and by his own said evil counsel to the
Court of Directors.
LXXXIX. That it appears, after the said Warren
Hastings had, on grounds so disgraceful to the British
nation and government, agreed to remove forever the
British influence and interference from the government of Oude, on account bf the disorders ill the said government, solely produced by his owl) criminal acts
and criminal connivances, that he did overturn his
own settlement as soon as he had made it, and did,
after he had abolished the Company's Residency, as a
grievance, wholly violate his own solemn agreement:
for he did, for his private purposes, continue therein
his own private agent, Major Palmer, with a number
of officers and pensioners, at a' charge to the revenues
of the country greatly exceeding that of the establishment under Mr. Bristow, which he did represent as frightfully enormous, and which he pretended to remove: the former amounting to 112,9501. , the latter only to 64,2021.
XC. That his own secret agent, Major Palmer, did
receive a salary or allowance, equal to 22,8001. a
year, out of the distressed province of Oude; and
this the said Palmer did declare not to be more than
he absolutely did really and bond fide spend, and that
he had retrenched considerably "in some of the
articles since the expense has been borne by the Viz
? ? ? ? AGAINST WARREN HASTINGS. 175
ier, and in every particular he made as little parade
and appearaiice as his station would admit," -his station being that of the said Warren Hastings's private
agent. But if the said large salary must be considered as merely equal to the expenses, large secret
emoluments must be presumed to attend it, in order
to make it a place advantageous to the holder thereof.
That the said Palmer did apply to the board at Calcutta for a new authority to continue the said establishments, - he conceiving their continuance, "after the period of the Governor-General's departure, depended upon the pleasure of the board, and not upon the
authority of the Governor-General, under the sanction
of which they were established or confirmed.
XCI. That the said Warren Hastings, in order to
ruin the Resident Bristow, and to justify himself for
his former proceedings respecting him,. did bring before the board a new charge against him, for having
paid a large establishment of offices and pensions to
the Company's servants from the revenues of Oude;
and the said Bristow, in making his defence against
the charge aforesaid, did plead, that he had found all
the allowances on his list established before his last
appointment to the Residency, -that they had grown
to that excess in the interval between his first removal. by the said Warren Hastings and his reappointment; and having adduced many reasons to
make it highly probable that the said Hastings was
perfectly well acquainted with it, and did approve of
the expensive establishments which he, the said Bristow, simply had paid, but not imposed, he did allege,
besides the official assurances of his predecessor, Middleton, certain facts, as amounting to a direct proof
? ? ? ? 176 ARTICLES OF CHARGE
that the Governor-General, Warren Hastings, was not
averse to the Vizier's granting large salaries to more
than one European gentleman. And the first instance was to Mr. Thomas, a surgeon, who, exclusive
of his pay from the Company, which was 1,4401. a
year, claimed from the Vizier, with Mr. Hastings's
knowledge, the sum of 9,7631. a year, and upwards,
making together 11,2031. per annum. The next was
Mr. Trevor Wheler, who did receive, upon the same
establishment, when he was Fourth Assistant at Oude,
6,000/. a year; and which last fact the said Hastings
has admitted upon record " that the accusations of
Mr. Bristow and Mr. Cowper did oblige and compel
him to acknowledge," - denying, at the same time,
that the allowances of the Residents Middleton and
Bristow, except in this single instance, were ever
authorized by him; whereas his own agent, Palmer,
did, in his letter of the 27th of March, 1785, represent, that the said salaries and allowances (if not more
and larger) were by him authorized or confirmed.
XCII. That the aforesaid Bristow did also produce
the following letter in proof that Mr. Hastings knew
and approved of large salaries to British subjects uponl the revenues of Oude, and which he did declare
that nothing but the necessity of self-defence could
have induced him to produce. ' DEAR BRISTOW,"Sir Eyre Coote has some field-allowances to receive from the Vizier; they amount to Sicca Rupees 15,554 per month, and he has been paid up by the
Vizier to the 20th of August, 1782. The Governor
has directed me to write to you, to request you to re
? ? ? ? AGAINST WARREN HASTINGS. 177
ceive what is due from the Vizier from the 20th August last, at the rate of Lucknow Sicca Rupees 15,554
per month, and send me a bill for the amount, the
receipt of which I will acknowledge in the capacity
of Sir Eyre Coote's attorney; and the Governor desires that you will continue to receive Sir Eyre Coote's
field-allowances at the same rate, and remit the money to me as it comes in.
(Signed) "CHARLES CROFTES.
"( CALCUTTA, January 25, 1783. "
XCIII. That Sir Eyre Coote aforesaid was at the:
time of the said field-allowances not serving in the.
country of Oude, on which the said allowances were
charged, but in the Carnatic.
XCIV. That, from the declaration of the said Iastings himself, that it was the conviction of Mr. Bristow
and Mr. ' Cowper that could alone oblige and compel
him to acknowledge certain of his aforesaid practices,
and that nothing but the necessity of self-defence could
have induced Mr. Bristow to make public another and
mluch stronger instance of the same, it is to be violently presumed, that, where these two, or either, or both
necessities did not exist, many evil and oppressive
practices of the said Hastings do remain undiscovered, --that, if it had not been for the contests between him, the said Hastings, and the Resident Bristow, not only the before-mentioned particulars, but the whole of the expensive civil establishments for
English servants at Oude, would have been forever
concealed from the Directors and from Parliament:
and yet the said Hastings has had the audacity to pretend so complete an ignorance of the facts, that. i'CpiloVOL. IX. 12
? ? ? ? 178 ARTICLES OF CHARGE
senting the Vizier as objectillg to the largeness of the
payments mlade by Bristow, and stating a very reduceldI list, whlicli lhe was willing to allow for, amountilng to 30,0001. a ycal, thle said Hastings did affect to l,e lllllned at, tie magnlitulde even of the list so curt1,ilv;l, exl')ci'os. '! ll imnsolf as follows, in his millute,i' ti:}, 7t i lf I )ecember, 1784: "For my own part, wlI,hm tlie AVizior's minister rirst informed me that the;llillllt whlicll hlis mastler ha1. autllorized, and was
willioig tni a(llit, fi)r the c'larges of the Residency,
a! n(l t ie all(,laices of tle g:,ltlOlll at Lucknow, was
2;5,000 rupees per montlh, I own I was startled at
tile maglitude of the sum, alld was some days hesitatiing ill my mind whetlier I could with propriety admit of it": whllereas ie well kllew that the three sums alone of wlhich tli necessities aforesaid llad compelled
the discovery did greatly excoe' tliat sumin of which at
tile first hearinog he affects to h11a\-: been so exceedingly alarmd and thrown into a state of lhesitation
which continued for some days, and although lie, the
said Hastillgs, was consciour s that he had at tlhe very
time authorized ain establislhm-ent to more than four
times the namoulnt thereof.
XCV. Tllat, in tile said deceits, prevarications,
contradictions, malicious accusations, fraudulent concealmlents, and compelled discoveries, as well as in the
said secret, corrupt, alcl prodigal disposition of the
revenues of Oude, as well as in his breach of faith to'tile Nabob, in continuing expensive establishments
under a private agent of his own after he had agreed
to remove the Companyll's aget, the said Warren
Hastinigs is guilty,,t' a lhigli offence and misdemeanlolr.
? ? ? ? &GAINST WARREN HASTINGS. 179
XVII. -MAHOMED REZA KHAN.
I. THAT it was the declared policy of the Company, on the acquisition of the dewanny of Bengal, to
contilue the country government, under the inspection of the Resident at the Nabob's durbar in the first
instalce, and that of the President and Council in
the last; and for that purpose they did stipulate to
assign, for the suplport of the digllity of the Nabob,
an annlual allowance from the revenues, equal to four
hundred thousand pounds a year.
II. That, during the coulltry government, the principal active person in the administl'ation of affairs, for
rank, and for reputation of probity, aldc of knowledge
in the revenues and the laws, was Mabhomlled Reza
KhIall, who, besides large landed property, was possessed of' offices Avlose emoluments amounted nearly,
if not altogether, to one hundred thousand pounds a
year.
IV. - That the Company's servants, in the beginning, were not conversant in the affairs of the revenue, and stood ill lneed of natives of integrity and experience to act in the manacgement tlleeof. On that ground, as well as ill regard to thle rank which Mahomned Reza K. han held in the country, and the confidence of the people in him, tlhey, tlhe President and
Cotncil, did intform the Cotrt of Directors, in their
letter of the 30thll of September, 1765, that, " as Mahomed Reza ^Khanli's short administration was irreproachable, they determined to continue him in' a
share of the authority"; and this information was
not given lightly, but was founded upon an inquiry
Sic orig.
? ? ? ? 180 ARTICLES OF CHARGE
into hlis conlduct, and a minute examination of charges
made against him by his'rivals in the Nabob's court,
-- they having insinuated to the Nabob that a design
was formed for deposing him, and placing Mahomed
Reza on his throne; but; on examination, the President and Council declare, that "he had so openly and candidly accounted for every rupee disbursed from
the treasury, that they could not, without injury to
his character, and injustice to his conduct during his
short administration, refuse continuing him in a share
of the government. "
V. That the Company. had reason to be satisfied
with the arrangement made, so far as it regarded
him: the President and Council having informed
them, in the following year, in their letter of the 9th
of December, 1766, that " the larye increase of the
revenue must in a great measure be ascribed to Mr.
Sykes's assiduity, and to 1Mahonmed Reza. Khdn's profound knowledge in th7e finances. "
VI. That the then President and Council, finding
it necessary to make several reforms in the administration, were principally aided in the same by'the snggestion, advice, and assistance of the said Mahomed Reza Khan; and in their letter to the Court of Directors of the 24th of June, 1767, they state
their resolution of reducing the emoluments of office,
which before had arisen from a variety of presents
and other perquisities, to fixed allowances; anlldthey
state the merits of Mahomned Reza Khan':therein, as
well as the importance, dignity, and responsibility of
his station, in the following manner.
"Mahomed Reza Khaln has now of himself, with
? ? ? ? AGAINST WARREN HASTINGS. 181
great delicacy of honor, represented to us the evil coilsequences that must ensue from the continuance of
this practice, -since, by suffering the principal officers of the government to depend for the support of
their dignity on the precarious fund of perquisites,
they in a manner oblige them to pursue oppressive
and corrupt measures, equally injurious to the country and the Company; and'they accordingly assigned
twelve lac of rupees for the maintenance and support of the said Mahomed Reza Khan, and two other
principal persons, who held in their hands the most
important employments of that government, - having
regard to their elevated stations, and to the expediency of supporting them in all the show and parade
requisite to. keep up the authority and influence of
their respective offices, as they are all men of weight
alid consideration in. the country, who held places of
great trust and profit'under the former government.
We further propose', by this act of generosity, to engage their cordial services, and confirm them steady
in our interests; since they cannot hope, from the
most successful ambition, to rise to greater advantages by any chance or revolution of affairs. At the
same time it was reasonable we should not lose sight
of Mahomed Reza Kha^n's past services. He has pursued the Company's interest with steadiness and diligence; his abilities qualify him to perform the most important services; the unavoidable charges of his
particular situation are great; in dignity he stands
second to the Nabob only; -- and as he engages to
increase the revenues, without injustice or oppression, to more than tlle'amount of his salary, and to
relinquish those advantages, to the amouv. t of eight lacs
of rupees per annum, which he heretofore enjoyed, we
? ? ? ? 182 ARTICLES OF CHARGE
thought it proper, in the distribution of salaries, to
consider Mahomed Reza Khfin in a light superior to
the other ministers. We have only to observe further, that, great and enormous as the sum must appear which we have allotted for the support of the minlisters of the government, we will not hesitate to
pronounce that it is. necessary and reasonable, and
will appear so on the consideration of the power
which men employed on these important services
have either to obstruct or promote the public good,
unless their integrity be confirmed by the ties of
gratitude and interest. "
VII. That the said Mallomed Reza Klchan continued, with the same diligence, spirit, and fidelity, to
execute the trust reposed in him, wlhich comprehended a large proportion of the weight of government, and particularly of the collections; and his attachment to the interest of the Coipatny, and his
extensive knowledge, were again, in the course of
the year 1767, fully acknowledged, and stated to the
Court of Directors. And it further appears that
by an incessant application to business his health
was considerably impaired, which. gave occasion in the
year following, that is, in Fcbruary, 1768, to a fiesh
acknowledgment of his services ini these terms: 1" We
must, in justice to Mahomed Reza KhIlan, express the
high sense we entertain of his abilities, and of the indefatigable attention he has shown ill the executioi
of the important trust reposed in him; and we cannot
but lament the prospect of losing his services from
the present declining state of his health. "
VIII. That as in the increase of the revenue the
? ? ? ? AGAINST WARREN HASTINGS. 183
said Mahomed Reza Khnll was employed as a person
likely to improve tlhe same without detriment to the
people, so, whlen thle state of any province seemed to
require a remission, he was employed as a person
disposed to'tlle relief of thle people without fraud. to
the revenue; and thlis was expressed by the Presidenlt and Coulicil as follows, with relatioin to the remissions granted ill the province of Blahar: " That
the general kinowledge of Mahomed Reza Khan, in
all matters relative to the dewanny revenues, induced
us to consent to such deductions being made from
the general state of that province at the last poonah
as may be deemed irrecoverable, or such as may procure an immediate relief and encouragement to the
ryots in the future cultivation of their lands. "
IX. That the said Mahomed Reza Khan, in the
execution of the said great and important trusts and
powers, was not so much as suspected of an ambitious
or encroaching spirit, which might make him dangerous to the Company's then recent authority, or which
might render his precedence injurious to the consideration due to his colleagues in office; but, on the contrary, it appears, that, a plan having been adopted for dividing the administration, in order to remove the
Nabob's jCeloutsies, tlle same was in danger of being
subverted b)y tlhe ambition. " of two of his colleagues,
and the ex:eessive mzoderation of Mahomed Reza Khdn. "
And for a remedy of the inconveniencies which might
arise from the excess of an accommodating temper,
though attended with irreproachable integrity, the
President and Council did send one of their ownl m'embers, as their deputy, to the Nabob of Bengal, at his
capital of Moorshedabad; and this measure appears to
? ? ? ? 184 ARTICLES OF CHARGE
have been adopted for the support of Mahomed Reza
Khan, ill consequence of an inquiry made and advice
given by Lord Clive, in his letter of the 3d of July,
1765, in which letter he expresses himself of the said
Mahomed Reza Khan as follows: " It is with pleasure
I can acquaint you, that, the more Isee of Mahomed Reza Khdn, the stronger is my conviction of his honor and moderation, but that, at the same time, I cannot help
observing, that, either from timidity or an erroneous
principle, he is too ready to submit to encroachments
upon that proportion of power that has been allotted
him. "
X. That, the Nabob Jaffier Ali Khan dying in
February, 1765, Mahomed Reza Khan was appointed guardian to his children, and administrator of his
office, or regent, which appointment the Court of
Directors did approve. But the party opposite to
Mahomed Reza Khan having continued to cabal
against him, sundry accusations were framed relative
to oppression at the time of the famine, and for a
balance due during his employment of collector of
the revenues; upon which the Directors did order
him to be deprived of his office, and a strict inquiry
to be made into his conduct.
XI. That the said Warren Hastings, then lately
appointed to the Presidency, did, on the 1st of April,
and on the 24th of September, 1772, write letters to
the Court of Directors, informing them that on the
very next day after he had received (as he asserts)
their private orders, "addressed to himself alone,"
and not to the board, he did dispatch, by express messengers, his orders to Mr. Middleton, the Resident at
? ? ? ? AGAINST WARREN HASTINGS. :185
the Nabob's court at Moorshedabad, in a public character:and trust with the Nabob, to arrest, in his capital, and at his court, and without any previous notice given of any charge, his principal minister, the aforesaid: Mahlomed Reza Khan, and to bring him down to
Calcutta; and he did carefully conceal his said proceedings from the knowledge of the board, on pretext
of his not being acquainted with their dispositions,
and the influence which he thought that the said Mahomed Reza Khan had amongst them.
XII. That the said Warren Hastings, at the time
he gave his orders as aforesaid for arresting the said
Mahomed Reza Khan, did not take any measures to
compel the appearance of any other persons as witnesses,- declaring it as his opinion, "that there
would be little need of violence to obtain such intelligence as they could give against their former master,
when his authority is taken from him"; but he did
afterwards, in excuse for the long detention and imprisonment of the said Mahonmed Reza Khan, without
any proofs having been obtained of his guilt, or measures taken to bring him to a trial, assure the Directors,
in direct contradiction to his former declaration, " that
the influence of Mahomed Reza Khan still prevailed
generally throughout the country, in the Nabob's
household, and at the capital, and was scarcely affected by his present disgrace," -notwithstanding, as he,
the said Hastings, doth confess, he had used his utmost endeavors s" to break that influence, by removing his dependants, and putting the direction of all the affairs that had been committed to his care into
the hands of the most powerful or active of his enemies;
that he depended on the activity of their hatred to
? ? ? ? 186 ARTTCLES OF CHARGE
Mahomed Reza Khh^lln, incited by the expectation of
rewards, for investigati(ng the conduct of the latter;
that with this the institution of thle new dewanny
coincided; and that the same principle had guided
him ill the choice of Mnlllly 3Begiln and' Rajah
Gourdas, --the former for the chief administration,
the latter r" (tle sonl of Nundcomar, and a more instrument in thle lands of his fahiller) " for the dclewaliyv of tile NaT. lol)'s llousellold, - both the declared enemzies of Mniolned rPeza. lhahln. "L)
XIII. That, althoughl it might be true that enemllies will become thle most active prosecutors, and as
such may, though ll ndller much guard and maly precautions, be used evenc as witnesses, andl that it ought
not to be an exception, supposing their character and
capacity otherwise good, to the appointing them to
power, yet to advance persons to power on. the ground
not of their honor and integrity, which miglht have
produced the enmity of had men, but merely for the
enmity itself, without any -reference whatsoever to a
laudable cause, and even with a declared ill opinion
of the morals of onlle of the party, such as was actually
delivered in the said letter by him, the said Hastings,
of Nundcomar, (and whllich time has showni lie might
also on good glrould have conceived of otliors,) was,
in tlhe circumstances of a crimiilal inquiry, a motive
highlly disgracefl. to the holor of government, and
destructive of impartial justice, by holding out the
greatest of all possible temptatioll to false accusation,
to corrupt and factious collspiracies, to. pclrjry, and
to every species of injustice and oppression.
XIV. That, in consequence of thle aforesaid mo
? ? ? ? AGATNST WARREN HASTINGS. 187
tives, and others pretended, wllich were by no means
a sufficient justification to the said Warren Hastinlgs,
lie did appoint the woman aforesaid, ca~lled Munny
Begum, who had b)eti of the lowest and most discreditable order in society, accordilng to thle ideas preva~lent in India, but froml whom he received several sums of money, to be guardian to the Nabob in preferelnce to his own mother, and to accldmini. ster the cfcilrs
qf the govcrnmCent in the place of' the said Mahomled
Reza IKthln, the seconed Mussulman in rank after the
Nabob, and the first in knowledg'e, gravity, weight,
and character amonlg the Mussulmen1 of that proviince.
And in order to try every mothod a. nd to take every
chance for his destruction, thie said Warren11 Hastings
did maliciously and oppressively keep him under confinement, for a part of the time witlhout any inquiry,
and afterwards with a slow and dilatory trial, for two
years together.
XV. That, notwithstandilg a total revolution in
the power, in part avowedly macde for his destruction, the persons appoilted for his trial did, on full
inquiry, completely acquit the said Mahomed Reza
Khlln of tile criminal clhargecs agaiinst Mim, onl account
of which he had been so long le:! rsecruted and confilled, and suffered mnuchl in lmnind, body, anld fortune:
and the Court of Directors, in tlheir letter of the 3d
of March, 1775, testify tllceir satisfaction in the conduct and result of the said inquiry, and did direct
the restoration of tlie said Mallomied Reza K'. IUn to
liberty, and to the offices whlichl he had lately held,
which comprehended the management of the Nabob's
household, and the general superintendency of the
justice of Bengal; but, according to the orders of
? ? ? ? 188 ARTICLES OF CHARGE
the Court of Directors, his appointments were reduced to thirty thousand pounds a year, or thereabouts, of which he did make grievous complaint, on account of the expenses attendant on his station,
and the heavy debts which he had been obliged to
contract during his unjust persecution and imprisonment aforesaid.
XVI. That, on the removal of the said Mahomed
Reza Khan from the superintendency of the criminal
justice, and in consequence of letting the province
of Bengal in farm by the said Warren Hastings, several dangerous and mischievous innovations were
made by him, the said Warren Hastings, and the
criminal justice of the country was almost wholly
subverted, and great irregularities and disorders did
actually ensue.
XVII. That the Council-General, established by act
of Parliament in the year 1773, did restore the said
Mahomed Reza Kh'an, with the consent and approbation of the Nabob, (but under a protest from the said
Warren Hastings,) to his liberty and to his offices, accoilding to the spirit of the orders given by the Court
of Directors as aforesaid; and the Court of Directors
did approve of the said appointment, and did assure
the said Mabomed Reza Khan of their favor and protection as long as his conduct should merit the same,
in the following terms. "As the abilities of Mahomed
Reza Khan have been sufficiently manifested, as official experience qualifies him for so highll a station ill
a more eminent degree than any other native with
whom the Company has been connected, and as ilo
proofs of maladministraation have been established
? ? ? ? AG'AINST WARREN HASTINGS. 189
against him, either during the strict investigation of
his copduct or since his retirement, we cannot under
all circumstances but approve your recommendation
of him: to the Nabob to constitute him his Naib. We
are, well pleased that lie lhas received that appointment, and authorize you to assure him of our favor,
so long as a firm attachment to the interest of the
Company- and a proper discharge of the duties of his
station shall render him worthy of our protection.
"
And' the said Mahomned Reza Khan did continue to
execute the same without ally complaint whatsoever
of malversation or negligence, in any manner or degree, in his said office.
XVIII. That in March, 1778, the said Warren
Hastings, under color that the Nabob lhad completed
his twentieth year, and had desired -to be placed in
the entire and uncontrolled management of his. own
affairs,: and that Mahomed Reza Khan should be removed from his office, and tlhat Munny Begum, his
step-mother, the dancing-girl aforesaid, " should take
on herself the management of the nizamut [the government and general superintendency'of crimiiia. ljustice] without the interference of any person whatsoever," and n otwithstandiiing the contradictions in the, pretended applications from the Nabob, with
whose incapacity for all affairs he was well acquainted, did, in defiance of the orders of the Court
of Directors, and without regard to the infamy of an
arrangemeit made for the evident and declared purpose of delivering not only the family with the prince,
but the government and justice of a great kingdom,
into such insufficient, corutpt, aqnd scandalous hands,
and though he has declared his opinion " that our na
? ? ? ? 190 ARTICLES OF CHARGE
tional character is concerned in the character which
the Nabob may obtain ill the public, opinion," on'obtainiiing a majority inl Council, without ally complaint,
real or pretended, remove the said Mahomed Reza
from all his offices, alnd did partition his salary as a
spoil in tble following manler: to Munny Begum,
the dancing-girl aforesaid, an additional allowance
of 72,000 rupees (7,200g. ) a year; to the Nabob's
owii emother but hlalf that sum, that is to say, 36,000
rupees (3,600? . ) a year; to Rajah Gourdas, soil of
Nullndcomar, (whom he had described as a weak
young, man,) 72,000 rupees (7,2001. ) a year, as controller of tile lhousehol; and to a magistrate called
Sudder ul Hock, who, in real subserviency to the said
Munny Begunm, was nlollinally to act in the department of criminal justice, 78,000 rupees (7,8001. ) a
year: the total of which allowances exceeding the
salary of Alahomed Reza Khl1n by 18,000 rupees
(1,8001. ) yearly, he did, for the corrupt and scandalous purposes aforesaid, order the same to be made
up from the Company's treasury.
XLX. That Mr. Francis and Mr. Wheler having
moved that the execution of the aforesaid arrangement, tle whvlole expense of which, ordinary and extraordinary, was chargecl upon the Company's treasury, and therefore could not be even colorably disposed of at the pretended will of thle sa, id Nabob, might be
suspended until tle pleasure of thle Court of Directors thereon should be known, and the same being resolved agreeably to law by a majority of the Council
then present, the said Hastings, urging on violently
the immediate execution of his corrupt project, and
having obtained, by the return of Richard Barwell,
? ? ? ? AGATINST WARREN HASTINGS. 191
Esquire, a majority ill Council in his own casting
vote, did rescind the aforesaid resolution, and did
carry into immediate execution the aforesaid most
unwarranltable, mischievous, and scandalous design.
XX. That the consequences which might be expected from such a plan of administration did almost
instantly flow ifrom it. For the person appointed
to execute oine of the offices wliich had been filled by
Mahomedl Reza Kallanl did soon find that th'e eunuchs
of' Munnyi Begnm began to employ their power with
great superiority and insolence in all the coincerns
of government and the a dministration of justice, and
did endeavor to dispose of the offices relative to the
same for their corrupt purposes, ahd to rob the Nabob's servants of their -dclue allowances; and in his
letter of the 1st September, 1778, he sent a complaint to the board, stating, " that certain bad men
had gained an ascendency over the Nabob's temper,
by whose instigation he acts "; and after complaining
of the slights hle received from the Nabob, lhe adds:
" Thus they cause thle Nabob to treat me, sometimes
with inlldigity, at others witlh lidlnless, just as they
think proper to advise hilll; tlleir view is, that, by
comfpelling ume to displeasure at most unlwortlly treatmeLlt, tllhey imay force me eitlher to relinquish imy stationl, or to join with thllen, adllc act bly tllheir advice, and appillnt creatures of tlhir lrecommenildation to
the different offices, from wllich tllcy migllt draw
profit to themselves. "
XXI'. Thlat, in a subsequent letter to tile Governor, the said Superintendent of Justice did inform
him, the said Warren Hastings, of thoe audacious and
? ? ? ? 192 ARTICLES OF CHARGE
corrupt manner in which, by violence, fraud, and
forgery, the eunuchs of Munny Beguin had abused
the Nabob's name, to deprive the judicial and executory officers of justice of the salaries which they
ought to have drawn from the Company's treasury,
in the following words: "The Begum's ministers,
before my arrival, with the advice of their counsellors, caused the Nabob to sign a receipt, in consequence of which they received, at two different times,, near 50,0)0 rupees [5,0001. ], in the name of the
officers of the Adawlut, Phousdary, &c. , from the
Company's sircars; and having drawn up an account-current in the manner they wished, they had got
the Nabob to sign it, and sent it to me. " And in
the same letter he asserts, "that these people had
the Nabob entirely in their power. "
XXII. That the said Warren Hastings, upon this
representation, did, notwithstanding his late pretended opinion of the fitness and the right of the Nabob to
the sole administration of his own affairs, authoritatively forbid him from any interference therein, and
ordered that the whole should be left to the magistrate
aforesaid; to which the Nabob did, notwithstanding
his pretended independence, yield an immediate and
unreserved submission: for the said Hastings's order
being given on the 1st of September at Calcutta, he
~received an answer from Moorshedabad on the 3d, ill
the following terms: " Agreeably to your pleasure, I
have relinquished all concern with the affairs of the
Pliousdaly and Adawlut, leaving the entire management in Sudder ul Hock's hands. " Which said circumstance, as well as many others, abundantly proves that all the Nabob's actions were in truth and fact el
? ? ? ? AGAINST WARREN HASTINGS. i93
tirely governed by the influence of the said Hastings,
and that, however the said Hastings may have publicly discouraged the corrupt transactions of the said
court, yet he did secretly uphold the authority and
influence of Munny Begum, who did entirely direct,
with his knowledge and countenance, all the proceedings therein. For
XXIII. That on the 13th of the same month of
September he did receive a further complaint of the
corrupt and fraudulent practices of the chief eunuch
of the said Munny Begum; and these corrupt practices did so continue and increase, that on the 10th of
October, 1778, he was obliged to confess, in the strongest terms, the pernicious consequences of his beforecreated unwarrantable and illegal arrangements; for, in a letter of that date to the Nabob, he expresses
himself as follows. "At your Excellency's request,
I sent Sudder ul Hock Khln to take on him the administration of the affairs of the Adawlut and Phousdary, and hoped by that means not only to have given satisfaction to your Excellency, but that, through his
abilities and experience, these affairs would have been
conducted in such manner as to have secured the
peace of the country and the happiness of the people; and it is with the greatest concern I learn that
this measure is so far from being attended with the
expected advantages, that the affairs both of the
Phousdary and Adawlut are in the greatest confusion
imaginable, and daily robberies and murders, are perpetrated throughout the country. This is evidently
owing to the want of a proper authority in the person
appointed to superintend them. I therefore addressed
yoiur Excellency on the importance and delicacy of
VOL. IX. 13
? ? ? ? 194 ARTICLES OF CHARGE
the affairs in question, and of the necessity of lodging full power in the hands of the person chosen to
administer them; in reply to which your Excellency
expressed sentiments coincident with mine; notwithstanding which, your dependants and people, actuated by selfish and' avaricious views, have by their interference so impeded the business as to throw the
whole country into a state of confusion, from which
nothing can retrieve it but an unlimited power lodged
in the hands of the superintendent. I therefore request
that your Excellency will give the strictest iinjunctions
to all your dependants not to interfere in any manner
with any matter relative to the affairs of the Adawlut
and Phousdary, and that you will yourself relinquish
all interference therein, and leave them entirely to the
management of Sudder ul Hock Khan: this is absolutely necessary to restore the country to a state of
tranquillity. " And. he concluded by again recommending the Nabob to withdraw all interference with
the administrator aforesaid: " otherwise a measure
which I adopted at your Excellency's request, and
with a view to your satisfaction and the benefit of the
country, will be attended with quite contrary effects,
and bring discredit on me. "
XXIV. That the said Hastings, in the letter aforesaid, in which he so strongly condemns the acts and
so clearly marks out the mischievous effects of the
corrupt influence under which alone the Nabob acted,
and under which alone, from his known incapacity,
and his dependence on the person supported by the
said Hastings, he could act, did propose to put all the
offices of justice (which on another occasion he had
requested him to permit to remain in the hands whicl
? ? ? ? AGAINST WARREN HASTINGS. 195
then held them) into his own disposal, - telling him,
or rather the woman and eunuchs who governed him,
" that, if his Excellency has any plan for the manage
ment of the affairs ill future, be pleased to communi
cate it to me, and every attention shall be paid to give
your Excellency satisfaction ": by which means not
only particular parts, as before, but the whole system
of justice was to be afloat, and to be subject to the
purposes of the aforesaid corrupt cabal of women and
eunuchs.
XXV. That the Court of Directors, on receiving
an account of the above arrangements, and being
well apprised of the spirit, intention, and probable
effect of the same, did, in a clear, firm, and decisive
manner, express their condemnation of the measure,
and their rejection and reprobation of all the pretended grounds and reasons on which the same was supported, - marking distinctly his prevarication and
contradictions in the same, and pointing to him their
full conviction of the unworthy motives on which he
had made so shameful an arrangement: telling him,
in the 17th paragraph of their general letter of the
4th of February, 1779, " The Nabob's letters of the
25th and 30th of August, of the 3d of September,
and 17th of November, leave us no doubt of the true
design of this extraordinary business being to bring
forward Munny Begum, and again to invest her with
improper power and influence, notwithstanding our
former declaration, that so great a part of the Nabob's allowance had been embezzled and misapplied under her superintendence. "
XXVI. That, in consequence of the censure and
? ? ? ? 196 ARTICLES OF CHARGE
condemnation of the unwarrantable measures of the
said Warren Hastings by the Court of Directors,
on the aforesaid and other weighty and substantial
grounds, they did order and direct as follows, in the
20th paragraph of the general letter of the same
date. " As we deem it for the welfare of the country
that the office of Naib Subahdar be for the present
continued, and that this high office should be filled
by a person of wisdom, experience, and of approved
fidelity to the Company, and as we have no reason
to alter the opinion given of Mahomed Reza Khan
in our letter of the 24th of December, 1776, we positively direct, that you forthwith signify to the Nabob
Mobarek ul Dowlah our pleasure that Mahomed Reza
Kha'n be immediately restored to the office of Naib
Subahdar; and we further direct, that Mahomed Reza Khan be again assured of the continuance of our
favor, so long as a firm attachment to the interest
of the Company and a proper discharge of the duties
of his station shall render him worthy of our protection. "
XXVII. That the aforesaid direction did convey in
it such evident and cogent reason, and was so far enforced by justice to individuals and by regard to the
peace and happiness of the natives, as well as by the
common decorum to be observed in all the transactions of government, that the said Hastings ought to
have yielded-a cheerful obedience thereto, even if he
had not been by a positive statute, and his relation
of servant to the Company, bound to that just submission. Yet the said Hastings did, without denying or evading any one of the reasons assigned by the Court of Directors, or controverting the scandalous
? ? ? ? AGAINST WARREN HASTINGS. 197
motives assigned by them for his conduct, contumiaciously refuse obedience to the above positive order, on pretence that the Nabob, who, he had declared it
on record "to be as visible as the light of the sun,
is a mere pageant, and without even the shadow of
authority," did dissent from the same; and he did
encourage the said Nabob, or rather the eunuchs, the
corrupt ministers of Munny Begum, to oppose himself
and themselves to the authority of the said Court
of Directors: by which means the arrangement, three
times either ratified or expressly ordered by them,
was wholly defeated; the aforesaid corrupt system
was continued; Mahomed Reza Khan was not restored to his office; and a lesson was taught to the natives of all ranks, that the declared approbation,
the avowed sanction, and the decided authority of
the Court of Directors were wholly nugatory to their
protection against the corrupt influence of their servants.
XXVIII. That the said Warren Hastings, on a
reconciliation with Mr. Francis, one of the CouncilGeneral, who made it a condition thereof that certain
of the Company's orders should be obeyed, and that
Mahomed Reza Khan should be restored to his offices, did, a. considerable time after, notwithstanding the pretended reluctance of the Nabob, and his pretended freedom, make, for his convenience in the said accommodation, the arrangement which he had
unwarrantably and illegally refused to the orders of
the Court of Directors, and did of his own authority
and that of the board restore Mahomed Reza Khan
to his offices.
? ? ? ? 198 ARTICLES OF CHARGE
XXIX. That soon after the departure of the said
Mr. Francis he did again deprive the said Mahomed
Reza Khan of his said offices, and did make several
great changes in the constitution of the criminal
justice in the said country; and after having, under
pretence of the Nabob's sufficiency for the management of his own affairs, displaced, without any specific charge, trial, or inquiry whatsoever, the said Mahomed Reza KhAn, he did submit the said Nabob
to the entire direction, in all parts of his concerns, of
a Resident of his own nomination, Sir John D'Oyly,
Baronet, and did order an account of the most minute parts of his domestic economy to be made out,
and to be delivered to the said Sir John D'Oyly, in
the following words, contained in a paper by him
intituled, INSTRUCTIONS from the Governor-General to the Nabob Mobarek ul Dowlah respecting his
conduct in the management of his affairs. " You
will be pleased to direct your mu. tseddies to form
an account of the fixed sums of your monthly expenses, such as servJnts' wages in the different departments, pensions, and other allowances, as well as of the estimated amount of variable expenses, to be
delivered to Sir JohnI D'Oyly for my inspection. I
have given such orders to Sir John D'Oyly as will
enable him to propose to you such reductions of the
pensions and other allowances, and such a distribution of the variable expenses, as shall be proportionable to the total sum of your monthly income; and 1 must request you will conform to it. " And lie did, in
the subsequent articles of his said instructions, order
the whole management to be directed by Sir John
D'Oyly, subject to his own directions as aforesaid;
and did even direct what company lie should keep;
? ? ? ? AGAINST WARREN HASTINGS. 199
and did throw reflections on some persons, ill places
the nearest to him, as of bad character and base origin, - persons whom he should decline to name as
such, " unless he heard that they still availed themselves of his goodness to retain the places which they
improperly hold near his person. " And he did particularly order the said Nabob not to admit ally English, but such as the said Sir John D'Oyly should approve, to his presence; and did repeat the said
order in the following peremptory manner: " You
mustforbid any person of that nation to be intruded
into your presence without his introduction. " And
he did require his obedience in the following authoritative style: " I shall think myself obliged to interfere in another manner, if you neglect it. "
XXX. That he, the said Warren Hastings, did
insult the captive condition of the said Nabob by
informing him, in his imperious instructions aforesaid, that this total, blind, and implicit obedience,
in every respect whatsoever, to Sir John D'Oyly and
himself personally, and without any reference to the
board, "was the very conditions of the compliance
of the Governor-General and Council with his late
requisition"; which requisition was, that he should
enjoy the free and uncontrolled management of his
own affairs. And though the said captive did offer,
as he, the said Hastings, himself admits,four lacs of
his stipend, at that time reduced to sixteen lac, for
the free use of the remainder, yet he did place him,
the said Nabob, in the state of servitude in the said
instructions laid down but a very short time after he
had assumed and used the said Nabob's independent
rights as a ground for refusing to obey the Corn
? ? ? ? 200 ARTICLES OF CHARGE
pany's orders, -and although he has declared, o1
pretended, on another occasion, which he would have
thought similar, that any attempt to limit the household expenses of the Nabob of Oude was an indignity, " which no man living, however mean his rank in life, or dependent his condition in it, would permit to be exercised by any other, without the want
or forfeiture of every manly principle. "
XXXI. That the said Warren Hastings did order
the said stipend (which was to be distributed, in the
minutest particular, according to the said Hastings's
personal directions) to be paid monthly, not to any
officer of the Nabob, but to the said Resident, Sir
John D'Oyly. And whereas the Governor-General
and Council did, on the appointment of Mahomed
Reza Khan, according to their duty, instruct him,
that " he do conform to the orders of the Company,
which direct that an annual account of the Nabob's
expenses be transmitted through the Resident at the
Durbar, for the inspection of this board," the said
Hastings, in making his new establishment in favor
of his Resident, did wholly omit the said instruction,
and did confine the said communication to himself,
privately. And in fact it does not appear that any
account whatsoever of the disposition of the said
large sum, exceeding 160,0001. sterling a year, has
been laid before the board, or at least that any such
account has been transmitted to the Court of Directors; and it is not fitting that any British servant
of the Company should have the management of any
public money, much less of so great a sum, without
a public well-vouched account of the specific expenditure thereof:
? ? ? ? AGAINST WARREN HASTINGS. 201
XXXII. That the Court of Directors did, on the
17th of May, 1766, propose certain rules for regulating the correspondence of the Resident with the Nabob of Bengal, in which they did direct, as a principle for the said regulations, as follows (paragraph 16th). " We would have his correspondence to be
carried on with the Select Committee through the
channel of the President: he should keep a diary
of all his transactions. His correspondence with the
natives must be publicly conducted: copies of all his
letters, sent and received, be transmitted monthly to
the Presidency, with duplicates and triplicates to be
transmitted home in our general packet by every
ship. "
XXXIII. That the President and Select Committee (Lord Clive being then President) did approve of the whole substantial part of the said regulation (the diary excepted); and the principle, in
all matters of account, ought to have been strictly
adhered to, whatever limitations may have been given
to the office of Resident. Yet he, the said Warren
Hastings, in defiance of the aforesaid good rules, orders, and late precedent in conformity to the same,
did not only withhold any order for the purpose, but,
in order to carry on the business of the said durbar
in a clandestine manner for his own purposes, did,
as aforesaid, exclude all English from an intercourse
with' thle Nabob, who might carry complaints or
representations to the board, or the Court of Directors, of his condition, or the conduct of the Resident,-and did further, to defeat all possible publicity, insinuate to him to give the preference to
verbal communication above letters, in the words
? ? ? ? 202 ARTICLES OF CHARGE
following, of the ninth article of his instructions to
the Nabob: "Although I desire to receive your letters fiequently, yet, as many matters will occur which
cannot be so easily explained by letters as by conversation, I desire that you will on such occasions give
your orders to him respecting such points as you
may desire to have imparted to me; and I, postponing every other concern, will give an immediate
and the most satisfactory reply concerning them. "
Accordingly, no relation whatsoever has been received by the Court of Directors of the said Nabob's
affairs, nor any account of the money monthly paid,
except from public fame, which reports that his affairs are in great disorder, his servants unpaid, and
many of them dismissed, and all the Mussulmen dependent on his family in a state of indigence.
XVIII. -THE MOGUL DELIVERED UP TO THE MAHRATTAS.
I. THAT Shah Allumre, the prince commonly called
the Great MIogul, or, by eminence, The King, is, or
lately was, in the possession of the ancient capital
of Hindostan, and though without any considerable
territory, and without a revenue sufficient to maintain a moderate state, he is still much respected and
considered, and the custody of his person is eagerly
sought by many of the princes in India, on account
of the use to be made of his title and authority;
and it was for the interest of the East India Company, that, while on one hand no wars shall be entered into in support of his pretensions, on the other no steps should be taken which may tend to deliver
? ? ? ? AGAINST WARREN HASTINGS. 203
him into the hands of any of the powerful states of
that country, but that he should be treated with
friendship, good faith, and respectful attention.
II. That Warren Hastings, in contradiction to this
safe, just, and honorable policy, strongly prescribed
and enforced by the orders of the Court of Directors,
did, at a time when he was engaged in a negotiation
the declared purpose of which was to give peace to
India, concur with the captain-general of the Mah
ratta state, called Mahdajee Sindia, in hostile designs
against the few remaining territories of that same
Mogul emperor, by virtue of whose grant the Company actually possess the government and enjoy the revenues of great provinces, and also against the
possessions of a Mahomedan chief called Nudjif
Khan, a person of much merit with the East India
Company, in acknowledgment of which they had
granted him a pension, included in the tribute due
to the king, and, together with that tribute, taken
from him by the said Warren Hastings, though expressly guarantied to him by the Company. With both these powers the Company had been in friendship, and were actually at peace at the time of
the said clandestine concurrence in a design against
them; and the said Hastings hath since declared,
that the right of one of them, namely, "the right
of the Mogul emperor, to our assistance, has been
constantly acknowledged. "
III. That the said Warren Hastings, at the time
of his treacherous concurrence in a design against
a power which he was himself of opinion we were
bound to assist, and against whom there was no
? ? ? ? 204 ARTICLES OF CHARGE
doubt he was bound neither to form nor to concur
in any hostile attempt, did give a caution to Colonel
Muir, to whom the negotiation aforesaid was intrusted on the part of the Company, against "inserting
anything in the treaty which might expressly mark
our knowledge of his [the Mahratta general's] views,
or concurrence in them. " Which said transaction was
full of duplicity and fraud; and the crime of the said
Hastings therein is aggravated by his having some
years before withheld the tribute which by treaty was
solemnly agreed to be paid to the said king, on pretence that he had thrown himself, for the recovery of
his city of Delhi, on the protection of the Mahrattas,
whom the said Warren Hastings then called the natural enemies of the Company, and the growth of whose
power he then alleged to be highly dangerous to the
interests of this kingdom in India.
IV. That, after having concurred, in the manner
before mentioned, in a design of the Mahrattas against
the Mogul, and notwithstanding he, the said Warren
Hastings, had formerly declared, " that with him [the
Mogul] our connection had been a long time suspended, and he wvished never to see it renewed, as it
had proved a fatal drain to the wealth of Bengal and
the treasury of the Company, without yielding one
advantage -or possible resource, even of remote benefits, in return," the said Warren Hastings did nevertheless, on or about the month of March, 1783, with the privity and consent of the members of the board,
but by no authoritative act, dispatch, as agents of
him, the Governor-General only, and not as agents
of the Governor-General and Council, as they ought
to have been, certain persons, among whom were Ma
? ? ? ? AlGAINST WARREN HASTINGS. 205
jor Browne and Major Davy, to the court of the king
at Delhi, and did there enter into certain engagements with the said king by the means of those agents, and did carry on certain private and dangerous intrigues for various purposes, particularly for making
war in favor of the said king against some powers or
princes not precisely described, but which, as may be
inferred from a subsequent correspondence, were certain Mahomedan princes in the neighborhood of Delhi in amity with the Company, and some of them at that
time in the actual service and in the apparent confidence and favor of the said Mogul; and he did order Major Browne to offer to the Mogul king to provide
for the entire expense of any troops the Shahll [the said
king] might require; and the proposal was accordingly accepted, with the conditions annexed: by
which proposal and acceptance thereof the East India
Company was placed in a situation of great and perplexing difficulty; since either they were to engage,
at an unlimited expense, in new wars, contrary to
their orders, contrary to their general declared policy, and contrary to the published resolutions of the House of Commons, and wholly incompatible with
the state of their finances, or, to preserve peace, they
must risk the imputation of a new violation of faith,
by departing from an agreement made on the voluntary proposal of their own government,-the agent
of the said Hastings having declared, in his letter
to the said Hastings, by him communicated to the
board, " that the business of assisting the Shah [the
Mogul emperor] can and must go on, if we wish to be
secure in India, or regarded as a nation of faith and
honor. "
? ? ? ? 206 ARTICLES OF CHARGE
V. That the said Warren Hastings did, on the 20th
day of January, 1784, send in circulation to the other members of the Council a letter to him from his
agent, Major. Browne, dated at Delhi, on the 30th of'
December, 1783, viz. , that letter to-which the foregoing references are made, in which the said Browne
did directly press, and indirectly (though sufficiently
and strongly) suggest, several highly dangerous measures for realizing the general offers and engagements
of the said Warren Hastings, - proposing, that, besides a proportion of field artillery, and a train of
battering cannon for the purpose of sieges, six regiments of sepoys in the Company's service should be
transferred to that of the said king, and that certain
other corps should also be raised for the said service
in the English provinces and dependencies, to be immediately under the king's [the Mogul's] orders, and
to be maintained by assignments of territorial revenue within the province of Oude, a dependent mem-,
ber of the British government, but with a caution
against having any British officer with the same; the
said Major Browne expressing his caution as followeth: "If any European officer be with this corps, a
very nice judgment indeed must direct the choice;
for scarce any are in the smallest degree fit for such
employ, but much more likely to do harm than good. "
And the letter aforesaid being without any observation thereon, or any disavowal of the matters of fact
or of the counsels so strongly and authoritatively delivered therein by the said Warren Hastings's agent,
and without any mark of disapprobation of any part
of his plan, whether that of the assignment of territory belonging to the Company's allies for the maintenance of troops which were to be by that plan put
? ? ? ? AGAINST WARREN HASTINGS. 207
under the orders of a foreign independent power, or
that of employing the said troops without any British
officer with them, or for his alarming observation by
him entered oni the Company's records, which, if not
an implied censure on the nature of the service in
which British officers are supposed improper to be
trusted, is a strong reflection on the character of the
British officers, which was to render them unfit to be
employed in an honorable service, -- the said Warren
J{astings did thereby give a countenance to the said
unwarrantable and dangerous proposals and reflections.
VI. That a considerable time before the production and circulation of Major Browne's letter, the said
Hastings did enter a Minute of Consultation containing a proposition similar in the general intent to that
in the said letter contained for assisting the Mogul
with a military force; but the other members of the
board did disagree thereto, and, being alarmed at the
disposition so strongly shown by the said Hastings to
engage in new wars and dangerous foreign connections, and possibly having intelligence of the proceedings of his agent, did call upon him to produce his instructions to Major Browne; and he did, on the 5th
of October, 1783, and not before, enter on the Consultations a certain paper purporting to be the instructions which he had given to Major Browne the preceding March, the time of his, the said Browne's,
appointment, in which pretended instructions no direction whatsoever was given to the effect of his, the
said Hastings's, Minute of Consultation propounded:
that is to say, no power was given in the said instructions to make a direct offer of military aid to the
? ? ? ? 208 ARTICLES OF CHARGE
Mogul, or to form the arrangements stated by the
said Browne, in his letter to the said Hastings, as having been made by the express authority of the said
Hastings himself; but the said instructions contained
nothing further on that subject but a conditional direction, that, in case a military force should be required for the Mogul's aid or protection, the Major is
to know the service on which it is to be employed,
and the resources from whence it is to be paid; and
the instructions produced as his real instructions by
the said Hastings are so guarded as to caution the
said Browne against taking any part in the intrigues
of those who are about the king's person. By which
letters, instructions, and transactions, compared with
each other, it appears that the said Warren Hastings,
after six months' delay in entering of (contrary to
the Company's order) any. instructions to the said
Browne, did at last enter a false paper as the true, or
that he did give other secret instructions, totally different from, and even opposite to, his public ostensible instructions, thereby to deceive the Council, and to carry on with less obstruction dark and dangerous
intrigues, contrary to the orders of the Court of Directors, to the true policy of this kingdom, and to the
safety of the British possessions in the East.
VII. That the said letter from Major Browne was
by the said Warren Hastings transmitted to the Court
of Directors, without being accompanied by any part
of the previous correspondence; by which wilful concealmrent the said Warren Hastings is guilty of an
high and criminal disrespect to the Court of Directors, and of a most flagrant breach and violation of
their orders, which he was bound by an act of Parliament to obey.
? ? ? ? AGAITNST WARREN HASTINGS. 209
VIII. That the said Hastings having early in the
year 1784 procured to himself a deputation to act in
the upper provinces, the Council, being well aware
of his disposition to engage in unwarrantable designs
against the neighboring states, did expressly confine
his powers to the circumstance of his actual residence within the Company's provinces. But it appears that ways were found out by which lie hoped to defeat the precautions of the board: for the said
Warren Hastings did write from Lucknow, the capital of the country of Oude, to the Court of Directors,
a certain postscript of a letter, dated the 4th of May,
1784, in which he informs the Court that the son and
heir-apparent of the Great Mogul had taken refuge
with him and the Nabob of Oude; that he had a
conference with that prince on the 10th of the same
month of May, "no person being either present or
within hearing" during the same; and that in the
said conference the prince had informed him of the
distresses of his father, and his wish for the relief of
the king and the restoration of the dominions of his
house, as well as to rescue him from the power of
certain persons not named, who degraded him into
a mere instrument of their interested and sordid designs, and that, on a failure of his application to him,
he would either return to his father, or proceed to,
Calcutta, and thence to England; and that the. said,
Warren Hastings did give him an answer to the following effect: "That our [the British] government
had just obtained relief from a state of universal
warfare, and required a term of repose; that; our
whole nation was weary of war, and dreaded the
renewal of it, and would' be equally alarmed at any
movement of which it could not see the issue or progress,
VOL. Ix. 14
? ? ? ? 210 ARTICLES OF CHARGE
but which might eventually tend to create new hostilhties; that he came hither [to Lucknow] with a limited authority, and could not, if he chose it, engage in a business of that Iiature without the concurrence of
his colleagues in office, who he believed would be adverse
to it; that he would represent the same to the joint
members of his own government, and wait their
determination. In the mean time he advised the
prince to make advances to Mahdajee Sindia, both
because our government was in intimate and sworn
connection with him, and because he was the effectual
head of the Mahratta state; besides that he [the said
Warren Hastings] feared his [Sindia's] taking the
other side of the question, unless he was early prevented. "
IX. That in the statement of this discourse there
is much criminal reserve towards the Court of Directors,-it not appearing distinctly what the objects
were, nor Wlio the persons concerned, nor what the
side was which he apprehended the Mahrattas might
take, if not prevented by his advances; and in the'discourse itself there were many particulars highly
criminal, namely, - for that in the said conversation,
in which he describes himself as declining a compliance with the request of the prince on account of
the aversion (therein strongly expressed) of his colleagues, of the Company, and of the whole British
nation, to engage in any measures which might even
" eventually lead to hostilities," he spoke to the prince
as if he had been entirely ignorant of the offers which
but five months before had been made, to the king,
his father, on the part of that very government,. (whose repugnance to such measures he then for the
?
none or but an insufficient security to the effect of his
treaty, but in his own direct personal violation of it.
What otherwise was wanting in the security for the
Nabob's engagements was to be supplied as follows:
" The most respectable persons of his family will be
employed to counteract every other which may tend
to warp him from it; and I am sorry to say that such
assistance was wanting. " And in another letter,
" that he had equal ground to expect every degree of
support which could be given it by the first characters
of his family, who are warmly and zealously interested in it ": the principal male character of the family,
and of the most influence in that family, being Salar
Jung, uncle to the Nabob; and the first female characters of the family being the mother and grandniother of the reigning sovereign: all of whom, male and female, he, the said Warren Hastings, in sundry letters of his own, in the transmission of various official
documents, and even in affidavits studiously collected
and sworn before Sir Elijah Impey during his short
residence at Lucknow and Benares, did himself represent as persons entirely disaffected to the English
power in India, - as having been principal promoters,
if not original contrivers, of a general rebellion and
revolt for the utter extirpation of the English nation, -and as such, he, the said Warren Hastings,
did compel the Nabob reluctantly to take from them
their landed estates; and yet the said Warren Hastings has had the presumption to attempt to impose
? ? ? ? AGAINST WARREN HASTINGS. 173
on the East India Company by pretending to place
his reliance on those three persons for a settlement
favorable to the Company's interests, on his renunciation of all their own power, authority, and influence,
and on his leaving their army to the sole and uncontrolled discretion of a stranger, meriting in his opinion the description given by him as aforesaid, as well
as by him frequently asserted to be politically incapable of supporting his own power without the aid of the
forces of the Company. And the offence of the said
Warren Hastings, in abandoning a considerable part
of the British army in the manner aforesaid, is much
increased by the description which he has himself
given of the state of the said army, and particularly
of that part thereof which is stationed in the Nabob
of Oude's dominions: for he did himself, on the 29th
of November, 1781, transmit the information following, on that subject, to the Court of Directors, namely, -" that the remote stations of those troops, placing the commanding officers beyond the notice and control of the board [the Council-General] at Calcutta, afforded too much of opportunity and temptation
for unwarrantable emoluments, and excited the contagion
of peculation and rapacity throughout the whole army.
A most remarkable instance and uncontrovertible
proof of the prevalence of this spirit has been seen
in the court-martial upon Captain Erskine, where the
court, composed of officers of rank, and respectable
characters, unanimously and honorably, (most honorably,) upon an acknowledged fact, acquitted him,
which in times of stricter discipline would have
been deemed a crime deserving the severest punishment. " From which representation (if the said
Warren Hastings did not falsely and unjustly accuse
? ? ? ? 174 ARTICLES OF CHARGE
and slander the Company's service) it appeared that
the peculation which infected the whole army, derived
from the taint which it had in Oude, and so fatal to
the discipline of the troops, would be dangerously increased by his treaty and agreement aforesaid with the Nabob, and by his own said evil counsel to the
Court of Directors.
LXXXIX. That it appears, after the said Warren
Hastings had, on grounds so disgraceful to the British
nation and government, agreed to remove forever the
British influence and interference from the government of Oude, on account bf the disorders ill the said government, solely produced by his owl) criminal acts
and criminal connivances, that he did overturn his
own settlement as soon as he had made it, and did,
after he had abolished the Company's Residency, as a
grievance, wholly violate his own solemn agreement:
for he did, for his private purposes, continue therein
his own private agent, Major Palmer, with a number
of officers and pensioners, at a' charge to the revenues
of the country greatly exceeding that of the establishment under Mr. Bristow, which he did represent as frightfully enormous, and which he pretended to remove: the former amounting to 112,9501. , the latter only to 64,2021.
XC. That his own secret agent, Major Palmer, did
receive a salary or allowance, equal to 22,8001. a
year, out of the distressed province of Oude; and
this the said Palmer did declare not to be more than
he absolutely did really and bond fide spend, and that
he had retrenched considerably "in some of the
articles since the expense has been borne by the Viz
? ? ? ? AGAINST WARREN HASTINGS. 175
ier, and in every particular he made as little parade
and appearaiice as his station would admit," -his station being that of the said Warren Hastings's private
agent. But if the said large salary must be considered as merely equal to the expenses, large secret
emoluments must be presumed to attend it, in order
to make it a place advantageous to the holder thereof.
That the said Palmer did apply to the board at Calcutta for a new authority to continue the said establishments, - he conceiving their continuance, "after the period of the Governor-General's departure, depended upon the pleasure of the board, and not upon the
authority of the Governor-General, under the sanction
of which they were established or confirmed.
XCI. That the said Warren Hastings, in order to
ruin the Resident Bristow, and to justify himself for
his former proceedings respecting him,. did bring before the board a new charge against him, for having
paid a large establishment of offices and pensions to
the Company's servants from the revenues of Oude;
and the said Bristow, in making his defence against
the charge aforesaid, did plead, that he had found all
the allowances on his list established before his last
appointment to the Residency, -that they had grown
to that excess in the interval between his first removal. by the said Warren Hastings and his reappointment; and having adduced many reasons to
make it highly probable that the said Hastings was
perfectly well acquainted with it, and did approve of
the expensive establishments which he, the said Bristow, simply had paid, but not imposed, he did allege,
besides the official assurances of his predecessor, Middleton, certain facts, as amounting to a direct proof
? ? ? ? 176 ARTICLES OF CHARGE
that the Governor-General, Warren Hastings, was not
averse to the Vizier's granting large salaries to more
than one European gentleman. And the first instance was to Mr. Thomas, a surgeon, who, exclusive
of his pay from the Company, which was 1,4401. a
year, claimed from the Vizier, with Mr. Hastings's
knowledge, the sum of 9,7631. a year, and upwards,
making together 11,2031. per annum. The next was
Mr. Trevor Wheler, who did receive, upon the same
establishment, when he was Fourth Assistant at Oude,
6,000/. a year; and which last fact the said Hastings
has admitted upon record " that the accusations of
Mr. Bristow and Mr. Cowper did oblige and compel
him to acknowledge," - denying, at the same time,
that the allowances of the Residents Middleton and
Bristow, except in this single instance, were ever
authorized by him; whereas his own agent, Palmer,
did, in his letter of the 27th of March, 1785, represent, that the said salaries and allowances (if not more
and larger) were by him authorized or confirmed.
XCII. That the aforesaid Bristow did also produce
the following letter in proof that Mr. Hastings knew
and approved of large salaries to British subjects uponl the revenues of Oude, and which he did declare
that nothing but the necessity of self-defence could
have induced him to produce. ' DEAR BRISTOW,"Sir Eyre Coote has some field-allowances to receive from the Vizier; they amount to Sicca Rupees 15,554 per month, and he has been paid up by the
Vizier to the 20th of August, 1782. The Governor
has directed me to write to you, to request you to re
? ? ? ? AGAINST WARREN HASTINGS. 177
ceive what is due from the Vizier from the 20th August last, at the rate of Lucknow Sicca Rupees 15,554
per month, and send me a bill for the amount, the
receipt of which I will acknowledge in the capacity
of Sir Eyre Coote's attorney; and the Governor desires that you will continue to receive Sir Eyre Coote's
field-allowances at the same rate, and remit the money to me as it comes in.
(Signed) "CHARLES CROFTES.
"( CALCUTTA, January 25, 1783. "
XCIII. That Sir Eyre Coote aforesaid was at the:
time of the said field-allowances not serving in the.
country of Oude, on which the said allowances were
charged, but in the Carnatic.
XCIV. That, from the declaration of the said Iastings himself, that it was the conviction of Mr. Bristow
and Mr. ' Cowper that could alone oblige and compel
him to acknowledge certain of his aforesaid practices,
and that nothing but the necessity of self-defence could
have induced Mr. Bristow to make public another and
mluch stronger instance of the same, it is to be violently presumed, that, where these two, or either, or both
necessities did not exist, many evil and oppressive
practices of the said Hastings do remain undiscovered, --that, if it had not been for the contests between him, the said Hastings, and the Resident Bristow, not only the before-mentioned particulars, but the whole of the expensive civil establishments for
English servants at Oude, would have been forever
concealed from the Directors and from Parliament:
and yet the said Hastings has had the audacity to pretend so complete an ignorance of the facts, that. i'CpiloVOL. IX. 12
? ? ? ? 178 ARTICLES OF CHARGE
senting the Vizier as objectillg to the largeness of the
payments mlade by Bristow, and stating a very reduceldI list, whlicli lhe was willing to allow for, amountilng to 30,0001. a ycal, thle said Hastings did affect to l,e lllllned at, tie magnlitulde even of the list so curt1,ilv;l, exl')ci'os. '! ll imnsolf as follows, in his millute,i' ti:}, 7t i lf I )ecember, 1784: "For my own part, wlI,hm tlie AVizior's minister rirst informed me that the;llillllt whlicll hlis mastler ha1. autllorized, and was
willioig tni a(llit, fi)r the c'larges of the Residency,
a! n(l t ie all(,laices of tle g:,ltlOlll at Lucknow, was
2;5,000 rupees per montlh, I own I was startled at
tile maglitude of the sum, alld was some days hesitatiing ill my mind whetlier I could with propriety admit of it": whllereas ie well kllew that the three sums alone of wlhich tli necessities aforesaid llad compelled
the discovery did greatly excoe' tliat sumin of which at
tile first hearinog he affects to h11a\-: been so exceedingly alarmd and thrown into a state of lhesitation
which continued for some days, and although lie, the
said Hastillgs, was consciour s that he had at tlhe very
time authorized ain establislhm-ent to more than four
times the namoulnt thereof.
XCV. Tllat, in tile said deceits, prevarications,
contradictions, malicious accusations, fraudulent concealmlents, and compelled discoveries, as well as in the
said secret, corrupt, alcl prodigal disposition of the
revenues of Oude, as well as in his breach of faith to'tile Nabob, in continuing expensive establishments
under a private agent of his own after he had agreed
to remove the Companyll's aget, the said Warren
Hastinigs is guilty,,t' a lhigli offence and misdemeanlolr.
? ? ? ? &GAINST WARREN HASTINGS. 179
XVII. -MAHOMED REZA KHAN.
I. THAT it was the declared policy of the Company, on the acquisition of the dewanny of Bengal, to
contilue the country government, under the inspection of the Resident at the Nabob's durbar in the first
instalce, and that of the President and Council in
the last; and for that purpose they did stipulate to
assign, for the suplport of the digllity of the Nabob,
an annlual allowance from the revenues, equal to four
hundred thousand pounds a year.
II. That, during the coulltry government, the principal active person in the administl'ation of affairs, for
rank, and for reputation of probity, aldc of knowledge
in the revenues and the laws, was Mabhomlled Reza
KhIall, who, besides large landed property, was possessed of' offices Avlose emoluments amounted nearly,
if not altogether, to one hundred thousand pounds a
year.
IV. - That the Company's servants, in the beginning, were not conversant in the affairs of the revenue, and stood ill lneed of natives of integrity and experience to act in the manacgement tlleeof. On that ground, as well as ill regard to thle rank which Mahomned Reza K. han held in the country, and the confidence of the people in him, tlhey, tlhe President and
Cotncil, did intform the Cotrt of Directors, in their
letter of the 30thll of September, 1765, that, " as Mahomed Reza ^Khanli's short administration was irreproachable, they determined to continue him in' a
share of the authority"; and this information was
not given lightly, but was founded upon an inquiry
Sic orig.
? ? ? ? 180 ARTICLES OF CHARGE
into hlis conlduct, and a minute examination of charges
made against him by his'rivals in the Nabob's court,
-- they having insinuated to the Nabob that a design
was formed for deposing him, and placing Mahomed
Reza on his throne; but; on examination, the President and Council declare, that "he had so openly and candidly accounted for every rupee disbursed from
the treasury, that they could not, without injury to
his character, and injustice to his conduct during his
short administration, refuse continuing him in a share
of the government. "
V. That the Company. had reason to be satisfied
with the arrangement made, so far as it regarded
him: the President and Council having informed
them, in the following year, in their letter of the 9th
of December, 1766, that " the larye increase of the
revenue must in a great measure be ascribed to Mr.
Sykes's assiduity, and to 1Mahonmed Reza. Khdn's profound knowledge in th7e finances. "
VI. That the then President and Council, finding
it necessary to make several reforms in the administration, were principally aided in the same by'the snggestion, advice, and assistance of the said Mahomed Reza Khan; and in their letter to the Court of Directors of the 24th of June, 1767, they state
their resolution of reducing the emoluments of office,
which before had arisen from a variety of presents
and other perquisities, to fixed allowances; anlldthey
state the merits of Mahomned Reza Khan':therein, as
well as the importance, dignity, and responsibility of
his station, in the following manner.
"Mahomed Reza Khaln has now of himself, with
? ? ? ? AGAINST WARREN HASTINGS. 181
great delicacy of honor, represented to us the evil coilsequences that must ensue from the continuance of
this practice, -since, by suffering the principal officers of the government to depend for the support of
their dignity on the precarious fund of perquisites,
they in a manner oblige them to pursue oppressive
and corrupt measures, equally injurious to the country and the Company; and'they accordingly assigned
twelve lac of rupees for the maintenance and support of the said Mahomed Reza Khan, and two other
principal persons, who held in their hands the most
important employments of that government, - having
regard to their elevated stations, and to the expediency of supporting them in all the show and parade
requisite to. keep up the authority and influence of
their respective offices, as they are all men of weight
alid consideration in. the country, who held places of
great trust and profit'under the former government.
We further propose', by this act of generosity, to engage their cordial services, and confirm them steady
in our interests; since they cannot hope, from the
most successful ambition, to rise to greater advantages by any chance or revolution of affairs. At the
same time it was reasonable we should not lose sight
of Mahomed Reza Kha^n's past services. He has pursued the Company's interest with steadiness and diligence; his abilities qualify him to perform the most important services; the unavoidable charges of his
particular situation are great; in dignity he stands
second to the Nabob only; -- and as he engages to
increase the revenues, without injustice or oppression, to more than tlle'amount of his salary, and to
relinquish those advantages, to the amouv. t of eight lacs
of rupees per annum, which he heretofore enjoyed, we
? ? ? ? 182 ARTICLES OF CHARGE
thought it proper, in the distribution of salaries, to
consider Mahomed Reza Khfin in a light superior to
the other ministers. We have only to observe further, that, great and enormous as the sum must appear which we have allotted for the support of the minlisters of the government, we will not hesitate to
pronounce that it is. necessary and reasonable, and
will appear so on the consideration of the power
which men employed on these important services
have either to obstruct or promote the public good,
unless their integrity be confirmed by the ties of
gratitude and interest. "
VII. That the said Mallomed Reza Klchan continued, with the same diligence, spirit, and fidelity, to
execute the trust reposed in him, wlhich comprehended a large proportion of the weight of government, and particularly of the collections; and his attachment to the interest of the Coipatny, and his
extensive knowledge, were again, in the course of
the year 1767, fully acknowledged, and stated to the
Court of Directors. And it further appears that
by an incessant application to business his health
was considerably impaired, which. gave occasion in the
year following, that is, in Fcbruary, 1768, to a fiesh
acknowledgment of his services ini these terms: 1" We
must, in justice to Mahomed Reza KhIlan, express the
high sense we entertain of his abilities, and of the indefatigable attention he has shown ill the executioi
of the important trust reposed in him; and we cannot
but lament the prospect of losing his services from
the present declining state of his health. "
VIII. That as in the increase of the revenue the
? ? ? ? AGAINST WARREN HASTINGS. 183
said Mahomed Reza Khnll was employed as a person
likely to improve tlhe same without detriment to the
people, so, whlen thle state of any province seemed to
require a remission, he was employed as a person
disposed to'tlle relief of thle people without fraud. to
the revenue; and thlis was expressed by the Presidenlt and Coulicil as follows, with relatioin to the remissions granted ill the province of Blahar: " That
the general kinowledge of Mahomed Reza Khan, in
all matters relative to the dewanny revenues, induced
us to consent to such deductions being made from
the general state of that province at the last poonah
as may be deemed irrecoverable, or such as may procure an immediate relief and encouragement to the
ryots in the future cultivation of their lands. "
IX. That the said Mahomed Reza Khan, in the
execution of the said great and important trusts and
powers, was not so much as suspected of an ambitious
or encroaching spirit, which might make him dangerous to the Company's then recent authority, or which
might render his precedence injurious to the consideration due to his colleagues in office; but, on the contrary, it appears, that, a plan having been adopted for dividing the administration, in order to remove the
Nabob's jCeloutsies, tlle same was in danger of being
subverted b)y tlhe ambition. " of two of his colleagues,
and the ex:eessive mzoderation of Mahomed Reza Khdn. "
And for a remedy of the inconveniencies which might
arise from the excess of an accommodating temper,
though attended with irreproachable integrity, the
President and Council did send one of their ownl m'embers, as their deputy, to the Nabob of Bengal, at his
capital of Moorshedabad; and this measure appears to
? ? ? ? 184 ARTICLES OF CHARGE
have been adopted for the support of Mahomed Reza
Khan, ill consequence of an inquiry made and advice
given by Lord Clive, in his letter of the 3d of July,
1765, in which letter he expresses himself of the said
Mahomed Reza Khan as follows: " It is with pleasure
I can acquaint you, that, the more Isee of Mahomed Reza Khdn, the stronger is my conviction of his honor and moderation, but that, at the same time, I cannot help
observing, that, either from timidity or an erroneous
principle, he is too ready to submit to encroachments
upon that proportion of power that has been allotted
him. "
X. That, the Nabob Jaffier Ali Khan dying in
February, 1765, Mahomed Reza Khan was appointed guardian to his children, and administrator of his
office, or regent, which appointment the Court of
Directors did approve. But the party opposite to
Mahomed Reza Khan having continued to cabal
against him, sundry accusations were framed relative
to oppression at the time of the famine, and for a
balance due during his employment of collector of
the revenues; upon which the Directors did order
him to be deprived of his office, and a strict inquiry
to be made into his conduct.
XI. That the said Warren Hastings, then lately
appointed to the Presidency, did, on the 1st of April,
and on the 24th of September, 1772, write letters to
the Court of Directors, informing them that on the
very next day after he had received (as he asserts)
their private orders, "addressed to himself alone,"
and not to the board, he did dispatch, by express messengers, his orders to Mr. Middleton, the Resident at
? ? ? ? AGAINST WARREN HASTINGS. :185
the Nabob's court at Moorshedabad, in a public character:and trust with the Nabob, to arrest, in his capital, and at his court, and without any previous notice given of any charge, his principal minister, the aforesaid: Mahlomed Reza Khan, and to bring him down to
Calcutta; and he did carefully conceal his said proceedings from the knowledge of the board, on pretext
of his not being acquainted with their dispositions,
and the influence which he thought that the said Mahomed Reza Khan had amongst them.
XII. That the said Warren Hastings, at the time
he gave his orders as aforesaid for arresting the said
Mahomed Reza Khan, did not take any measures to
compel the appearance of any other persons as witnesses,- declaring it as his opinion, "that there
would be little need of violence to obtain such intelligence as they could give against their former master,
when his authority is taken from him"; but he did
afterwards, in excuse for the long detention and imprisonment of the said Mahonmed Reza Khan, without
any proofs having been obtained of his guilt, or measures taken to bring him to a trial, assure the Directors,
in direct contradiction to his former declaration, " that
the influence of Mahomed Reza Khan still prevailed
generally throughout the country, in the Nabob's
household, and at the capital, and was scarcely affected by his present disgrace," -notwithstanding, as he,
the said Hastings, doth confess, he had used his utmost endeavors s" to break that influence, by removing his dependants, and putting the direction of all the affairs that had been committed to his care into
the hands of the most powerful or active of his enemies;
that he depended on the activity of their hatred to
? ? ? ? 186 ARTTCLES OF CHARGE
Mahomed Reza Khh^lln, incited by the expectation of
rewards, for investigati(ng the conduct of the latter;
that with this the institution of thle new dewanny
coincided; and that the same principle had guided
him ill the choice of Mnlllly 3Begiln and' Rajah
Gourdas, --the former for the chief administration,
the latter r" (tle sonl of Nundcomar, and a more instrument in thle lands of his fahiller) " for the dclewaliyv of tile NaT. lol)'s llousellold, - both the declared enemzies of Mniolned rPeza. lhahln. "L)
XIII. That, althoughl it might be true that enemllies will become thle most active prosecutors, and as
such may, though ll ndller much guard and maly precautions, be used evenc as witnesses, andl that it ought
not to be an exception, supposing their character and
capacity otherwise good, to the appointing them to
power, yet to advance persons to power on. the ground
not of their honor and integrity, which miglht have
produced the enmity of had men, but merely for the
enmity itself, without any -reference whatsoever to a
laudable cause, and even with a declared ill opinion
of the morals of onlle of the party, such as was actually
delivered in the said letter by him, the said Hastings,
of Nundcomar, (and whllich time has showni lie might
also on good glrould have conceived of otliors,) was,
in tlhe circumstances of a crimiilal inquiry, a motive
highlly disgracefl. to the holor of government, and
destructive of impartial justice, by holding out the
greatest of all possible temptatioll to false accusation,
to corrupt and factious collspiracies, to. pclrjry, and
to every species of injustice and oppression.
XIV. That, in consequence of thle aforesaid mo
? ? ? ? AGATNST WARREN HASTINGS. 187
tives, and others pretended, wllich were by no means
a sufficient justification to the said Warren Hastinlgs,
lie did appoint the woman aforesaid, ca~lled Munny
Begum, who had b)eti of the lowest and most discreditable order in society, accordilng to thle ideas preva~lent in India, but froml whom he received several sums of money, to be guardian to the Nabob in preferelnce to his own mother, and to accldmini. ster the cfcilrs
qf the govcrnmCent in the place of' the said Mahomled
Reza IKthln, the seconed Mussulman in rank after the
Nabob, and the first in knowledg'e, gravity, weight,
and character amonlg the Mussulmen1 of that proviince.
And in order to try every mothod a. nd to take every
chance for his destruction, thie said Warren11 Hastings
did maliciously and oppressively keep him under confinement, for a part of the time witlhout any inquiry,
and afterwards with a slow and dilatory trial, for two
years together.
XV. That, notwithstandilg a total revolution in
the power, in part avowedly macde for his destruction, the persons appoilted for his trial did, on full
inquiry, completely acquit the said Mahomed Reza
Khlln of tile criminal clhargecs agaiinst Mim, onl account
of which he had been so long le:! rsecruted and confilled, and suffered mnuchl in lmnind, body, anld fortune:
and the Court of Directors, in tlheir letter of the 3d
of March, 1775, testify tllceir satisfaction in the conduct and result of the said inquiry, and did direct
the restoration of tlie said Mallomied Reza K'. IUn to
liberty, and to the offices whlichl he had lately held,
which comprehended the management of the Nabob's
household, and the general superintendency of the
justice of Bengal; but, according to the orders of
? ? ? ? 188 ARTICLES OF CHARGE
the Court of Directors, his appointments were reduced to thirty thousand pounds a year, or thereabouts, of which he did make grievous complaint, on account of the expenses attendant on his station,
and the heavy debts which he had been obliged to
contract during his unjust persecution and imprisonment aforesaid.
XVI. That, on the removal of the said Mahomed
Reza Khan from the superintendency of the criminal
justice, and in consequence of letting the province
of Bengal in farm by the said Warren Hastings, several dangerous and mischievous innovations were
made by him, the said Warren Hastings, and the
criminal justice of the country was almost wholly
subverted, and great irregularities and disorders did
actually ensue.
XVII. That the Council-General, established by act
of Parliament in the year 1773, did restore the said
Mahomed Reza Kh'an, with the consent and approbation of the Nabob, (but under a protest from the said
Warren Hastings,) to his liberty and to his offices, accoilding to the spirit of the orders given by the Court
of Directors as aforesaid; and the Court of Directors
did approve of the said appointment, and did assure
the said Mabomed Reza Khan of their favor and protection as long as his conduct should merit the same,
in the following terms. "As the abilities of Mahomed
Reza Khan have been sufficiently manifested, as official experience qualifies him for so highll a station ill
a more eminent degree than any other native with
whom the Company has been connected, and as ilo
proofs of maladministraation have been established
? ? ? ? AG'AINST WARREN HASTINGS. 189
against him, either during the strict investigation of
his copduct or since his retirement, we cannot under
all circumstances but approve your recommendation
of him: to the Nabob to constitute him his Naib. We
are, well pleased that lie lhas received that appointment, and authorize you to assure him of our favor,
so long as a firm attachment to the interest of the
Company- and a proper discharge of the duties of his
station shall render him worthy of our protection.
"
And' the said Mahomned Reza Khan did continue to
execute the same without ally complaint whatsoever
of malversation or negligence, in any manner or degree, in his said office.
XVIII. That in March, 1778, the said Warren
Hastings, under color that the Nabob lhad completed
his twentieth year, and had desired -to be placed in
the entire and uncontrolled management of his. own
affairs,: and that Mahomed Reza Khan should be removed from his office, and tlhat Munny Begum, his
step-mother, the dancing-girl aforesaid, " should take
on herself the management of the nizamut [the government and general superintendency'of crimiiia. ljustice] without the interference of any person whatsoever," and n otwithstandiiing the contradictions in the, pretended applications from the Nabob, with
whose incapacity for all affairs he was well acquainted, did, in defiance of the orders of the Court
of Directors, and without regard to the infamy of an
arrangemeit made for the evident and declared purpose of delivering not only the family with the prince,
but the government and justice of a great kingdom,
into such insufficient, corutpt, aqnd scandalous hands,
and though he has declared his opinion " that our na
? ? ? ? 190 ARTICLES OF CHARGE
tional character is concerned in the character which
the Nabob may obtain ill the public, opinion," on'obtainiiing a majority inl Council, without ally complaint,
real or pretended, remove the said Mahomed Reza
from all his offices, alnd did partition his salary as a
spoil in tble following manler: to Munny Begum,
the dancing-girl aforesaid, an additional allowance
of 72,000 rupees (7,200g. ) a year; to the Nabob's
owii emother but hlalf that sum, that is to say, 36,000
rupees (3,600? . ) a year; to Rajah Gourdas, soil of
Nullndcomar, (whom he had described as a weak
young, man,) 72,000 rupees (7,2001. ) a year, as controller of tile lhousehol; and to a magistrate called
Sudder ul Hock, who, in real subserviency to the said
Munny Begunm, was nlollinally to act in the department of criminal justice, 78,000 rupees (7,8001. ) a
year: the total of which allowances exceeding the
salary of Alahomed Reza Khl1n by 18,000 rupees
(1,8001. ) yearly, he did, for the corrupt and scandalous purposes aforesaid, order the same to be made
up from the Company's treasury.
XLX. That Mr. Francis and Mr. Wheler having
moved that the execution of the aforesaid arrangement, tle whvlole expense of which, ordinary and extraordinary, was chargecl upon the Company's treasury, and therefore could not be even colorably disposed of at the pretended will of thle sa, id Nabob, might be
suspended until tle pleasure of thle Court of Directors thereon should be known, and the same being resolved agreeably to law by a majority of the Council
then present, the said Hastings, urging on violently
the immediate execution of his corrupt project, and
having obtained, by the return of Richard Barwell,
? ? ? ? AGATINST WARREN HASTINGS. 191
Esquire, a majority ill Council in his own casting
vote, did rescind the aforesaid resolution, and did
carry into immediate execution the aforesaid most
unwarranltable, mischievous, and scandalous design.
XX. That the consequences which might be expected from such a plan of administration did almost
instantly flow ifrom it. For the person appointed
to execute oine of the offices wliich had been filled by
Mahomedl Reza Kallanl did soon find that th'e eunuchs
of' Munnyi Begnm began to employ their power with
great superiority and insolence in all the coincerns
of government and the a dministration of justice, and
did endeavor to dispose of the offices relative to the
same for their corrupt purposes, ahd to rob the Nabob's servants of their -dclue allowances; and in his
letter of the 1st September, 1778, he sent a complaint to the board, stating, " that certain bad men
had gained an ascendency over the Nabob's temper,
by whose instigation he acts "; and after complaining
of the slights hle received from the Nabob, lhe adds:
" Thus they cause thle Nabob to treat me, sometimes
with inlldigity, at others witlh lidlnless, just as they
think proper to advise hilll; tlleir view is, that, by
comfpelling ume to displeasure at most unlwortlly treatmeLlt, tllhey imay force me eitlher to relinquish imy stationl, or to join with thllen, adllc act bly tllheir advice, and appillnt creatures of tlhir lrecommenildation to
the different offices, from wllich tllcy migllt draw
profit to themselves. "
XXI'. Thlat, in a subsequent letter to tile Governor, the said Superintendent of Justice did inform
him, the said Warren Hastings, of thoe audacious and
? ? ? ? 192 ARTICLES OF CHARGE
corrupt manner in which, by violence, fraud, and
forgery, the eunuchs of Munny Beguin had abused
the Nabob's name, to deprive the judicial and executory officers of justice of the salaries which they
ought to have drawn from the Company's treasury,
in the following words: "The Begum's ministers,
before my arrival, with the advice of their counsellors, caused the Nabob to sign a receipt, in consequence of which they received, at two different times,, near 50,0)0 rupees [5,0001. ], in the name of the
officers of the Adawlut, Phousdary, &c. , from the
Company's sircars; and having drawn up an account-current in the manner they wished, they had got
the Nabob to sign it, and sent it to me. " And in
the same letter he asserts, "that these people had
the Nabob entirely in their power. "
XXII. That the said Warren Hastings, upon this
representation, did, notwithstanding his late pretended opinion of the fitness and the right of the Nabob to
the sole administration of his own affairs, authoritatively forbid him from any interference therein, and
ordered that the whole should be left to the magistrate
aforesaid; to which the Nabob did, notwithstanding
his pretended independence, yield an immediate and
unreserved submission: for the said Hastings's order
being given on the 1st of September at Calcutta, he
~received an answer from Moorshedabad on the 3d, ill
the following terms: " Agreeably to your pleasure, I
have relinquished all concern with the affairs of the
Pliousdaly and Adawlut, leaving the entire management in Sudder ul Hock's hands. " Which said circumstance, as well as many others, abundantly proves that all the Nabob's actions were in truth and fact el
? ? ? ? AGAINST WARREN HASTINGS. i93
tirely governed by the influence of the said Hastings,
and that, however the said Hastings may have publicly discouraged the corrupt transactions of the said
court, yet he did secretly uphold the authority and
influence of Munny Begum, who did entirely direct,
with his knowledge and countenance, all the proceedings therein. For
XXIII. That on the 13th of the same month of
September he did receive a further complaint of the
corrupt and fraudulent practices of the chief eunuch
of the said Munny Begum; and these corrupt practices did so continue and increase, that on the 10th of
October, 1778, he was obliged to confess, in the strongest terms, the pernicious consequences of his beforecreated unwarrantable and illegal arrangements; for, in a letter of that date to the Nabob, he expresses
himself as follows. "At your Excellency's request,
I sent Sudder ul Hock Khln to take on him the administration of the affairs of the Adawlut and Phousdary, and hoped by that means not only to have given satisfaction to your Excellency, but that, through his
abilities and experience, these affairs would have been
conducted in such manner as to have secured the
peace of the country and the happiness of the people; and it is with the greatest concern I learn that
this measure is so far from being attended with the
expected advantages, that the affairs both of the
Phousdary and Adawlut are in the greatest confusion
imaginable, and daily robberies and murders, are perpetrated throughout the country. This is evidently
owing to the want of a proper authority in the person
appointed to superintend them. I therefore addressed
yoiur Excellency on the importance and delicacy of
VOL. IX. 13
? ? ? ? 194 ARTICLES OF CHARGE
the affairs in question, and of the necessity of lodging full power in the hands of the person chosen to
administer them; in reply to which your Excellency
expressed sentiments coincident with mine; notwithstanding which, your dependants and people, actuated by selfish and' avaricious views, have by their interference so impeded the business as to throw the
whole country into a state of confusion, from which
nothing can retrieve it but an unlimited power lodged
in the hands of the superintendent. I therefore request
that your Excellency will give the strictest iinjunctions
to all your dependants not to interfere in any manner
with any matter relative to the affairs of the Adawlut
and Phousdary, and that you will yourself relinquish
all interference therein, and leave them entirely to the
management of Sudder ul Hock Khan: this is absolutely necessary to restore the country to a state of
tranquillity. " And. he concluded by again recommending the Nabob to withdraw all interference with
the administrator aforesaid: " otherwise a measure
which I adopted at your Excellency's request, and
with a view to your satisfaction and the benefit of the
country, will be attended with quite contrary effects,
and bring discredit on me. "
XXIV. That the said Hastings, in the letter aforesaid, in which he so strongly condemns the acts and
so clearly marks out the mischievous effects of the
corrupt influence under which alone the Nabob acted,
and under which alone, from his known incapacity,
and his dependence on the person supported by the
said Hastings, he could act, did propose to put all the
offices of justice (which on another occasion he had
requested him to permit to remain in the hands whicl
? ? ? ? AGAINST WARREN HASTINGS. 195
then held them) into his own disposal, - telling him,
or rather the woman and eunuchs who governed him,
" that, if his Excellency has any plan for the manage
ment of the affairs ill future, be pleased to communi
cate it to me, and every attention shall be paid to give
your Excellency satisfaction ": by which means not
only particular parts, as before, but the whole system
of justice was to be afloat, and to be subject to the
purposes of the aforesaid corrupt cabal of women and
eunuchs.
XXV. That the Court of Directors, on receiving
an account of the above arrangements, and being
well apprised of the spirit, intention, and probable
effect of the same, did, in a clear, firm, and decisive
manner, express their condemnation of the measure,
and their rejection and reprobation of all the pretended grounds and reasons on which the same was supported, - marking distinctly his prevarication and
contradictions in the same, and pointing to him their
full conviction of the unworthy motives on which he
had made so shameful an arrangement: telling him,
in the 17th paragraph of their general letter of the
4th of February, 1779, " The Nabob's letters of the
25th and 30th of August, of the 3d of September,
and 17th of November, leave us no doubt of the true
design of this extraordinary business being to bring
forward Munny Begum, and again to invest her with
improper power and influence, notwithstanding our
former declaration, that so great a part of the Nabob's allowance had been embezzled and misapplied under her superintendence. "
XXVI. That, in consequence of the censure and
? ? ? ? 196 ARTICLES OF CHARGE
condemnation of the unwarrantable measures of the
said Warren Hastings by the Court of Directors,
on the aforesaid and other weighty and substantial
grounds, they did order and direct as follows, in the
20th paragraph of the general letter of the same
date. " As we deem it for the welfare of the country
that the office of Naib Subahdar be for the present
continued, and that this high office should be filled
by a person of wisdom, experience, and of approved
fidelity to the Company, and as we have no reason
to alter the opinion given of Mahomed Reza Khan
in our letter of the 24th of December, 1776, we positively direct, that you forthwith signify to the Nabob
Mobarek ul Dowlah our pleasure that Mahomed Reza
Kha'n be immediately restored to the office of Naib
Subahdar; and we further direct, that Mahomed Reza Khan be again assured of the continuance of our
favor, so long as a firm attachment to the interest
of the Company and a proper discharge of the duties
of his station shall render him worthy of our protection. "
XXVII. That the aforesaid direction did convey in
it such evident and cogent reason, and was so far enforced by justice to individuals and by regard to the
peace and happiness of the natives, as well as by the
common decorum to be observed in all the transactions of government, that the said Hastings ought to
have yielded-a cheerful obedience thereto, even if he
had not been by a positive statute, and his relation
of servant to the Company, bound to that just submission. Yet the said Hastings did, without denying or evading any one of the reasons assigned by the Court of Directors, or controverting the scandalous
? ? ? ? AGAINST WARREN HASTINGS. 197
motives assigned by them for his conduct, contumiaciously refuse obedience to the above positive order, on pretence that the Nabob, who, he had declared it
on record "to be as visible as the light of the sun,
is a mere pageant, and without even the shadow of
authority," did dissent from the same; and he did
encourage the said Nabob, or rather the eunuchs, the
corrupt ministers of Munny Begum, to oppose himself
and themselves to the authority of the said Court
of Directors: by which means the arrangement, three
times either ratified or expressly ordered by them,
was wholly defeated; the aforesaid corrupt system
was continued; Mahomed Reza Khan was not restored to his office; and a lesson was taught to the natives of all ranks, that the declared approbation,
the avowed sanction, and the decided authority of
the Court of Directors were wholly nugatory to their
protection against the corrupt influence of their servants.
XXVIII. That the said Warren Hastings, on a
reconciliation with Mr. Francis, one of the CouncilGeneral, who made it a condition thereof that certain
of the Company's orders should be obeyed, and that
Mahomed Reza Khan should be restored to his offices, did, a. considerable time after, notwithstanding the pretended reluctance of the Nabob, and his pretended freedom, make, for his convenience in the said accommodation, the arrangement which he had
unwarrantably and illegally refused to the orders of
the Court of Directors, and did of his own authority
and that of the board restore Mahomed Reza Khan
to his offices.
? ? ? ? 198 ARTICLES OF CHARGE
XXIX. That soon after the departure of the said
Mr. Francis he did again deprive the said Mahomed
Reza Khan of his said offices, and did make several
great changes in the constitution of the criminal
justice in the said country; and after having, under
pretence of the Nabob's sufficiency for the management of his own affairs, displaced, without any specific charge, trial, or inquiry whatsoever, the said Mahomed Reza KhAn, he did submit the said Nabob
to the entire direction, in all parts of his concerns, of
a Resident of his own nomination, Sir John D'Oyly,
Baronet, and did order an account of the most minute parts of his domestic economy to be made out,
and to be delivered to the said Sir John D'Oyly, in
the following words, contained in a paper by him
intituled, INSTRUCTIONS from the Governor-General to the Nabob Mobarek ul Dowlah respecting his
conduct in the management of his affairs. " You
will be pleased to direct your mu. tseddies to form
an account of the fixed sums of your monthly expenses, such as servJnts' wages in the different departments, pensions, and other allowances, as well as of the estimated amount of variable expenses, to be
delivered to Sir JohnI D'Oyly for my inspection. I
have given such orders to Sir John D'Oyly as will
enable him to propose to you such reductions of the
pensions and other allowances, and such a distribution of the variable expenses, as shall be proportionable to the total sum of your monthly income; and 1 must request you will conform to it. " And lie did, in
the subsequent articles of his said instructions, order
the whole management to be directed by Sir John
D'Oyly, subject to his own directions as aforesaid;
and did even direct what company lie should keep;
? ? ? ? AGAINST WARREN HASTINGS. 199
and did throw reflections on some persons, ill places
the nearest to him, as of bad character and base origin, - persons whom he should decline to name as
such, " unless he heard that they still availed themselves of his goodness to retain the places which they
improperly hold near his person. " And he did particularly order the said Nabob not to admit ally English, but such as the said Sir John D'Oyly should approve, to his presence; and did repeat the said
order in the following peremptory manner: " You
mustforbid any person of that nation to be intruded
into your presence without his introduction. " And
he did require his obedience in the following authoritative style: " I shall think myself obliged to interfere in another manner, if you neglect it. "
XXX. That he, the said Warren Hastings, did
insult the captive condition of the said Nabob by
informing him, in his imperious instructions aforesaid, that this total, blind, and implicit obedience,
in every respect whatsoever, to Sir John D'Oyly and
himself personally, and without any reference to the
board, "was the very conditions of the compliance
of the Governor-General and Council with his late
requisition"; which requisition was, that he should
enjoy the free and uncontrolled management of his
own affairs. And though the said captive did offer,
as he, the said Hastings, himself admits,four lacs of
his stipend, at that time reduced to sixteen lac, for
the free use of the remainder, yet he did place him,
the said Nabob, in the state of servitude in the said
instructions laid down but a very short time after he
had assumed and used the said Nabob's independent
rights as a ground for refusing to obey the Corn
? ? ? ? 200 ARTICLES OF CHARGE
pany's orders, -and although he has declared, o1
pretended, on another occasion, which he would have
thought similar, that any attempt to limit the household expenses of the Nabob of Oude was an indignity, " which no man living, however mean his rank in life, or dependent his condition in it, would permit to be exercised by any other, without the want
or forfeiture of every manly principle. "
XXXI. That the said Warren Hastings did order
the said stipend (which was to be distributed, in the
minutest particular, according to the said Hastings's
personal directions) to be paid monthly, not to any
officer of the Nabob, but to the said Resident, Sir
John D'Oyly. And whereas the Governor-General
and Council did, on the appointment of Mahomed
Reza Khan, according to their duty, instruct him,
that " he do conform to the orders of the Company,
which direct that an annual account of the Nabob's
expenses be transmitted through the Resident at the
Durbar, for the inspection of this board," the said
Hastings, in making his new establishment in favor
of his Resident, did wholly omit the said instruction,
and did confine the said communication to himself,
privately. And in fact it does not appear that any
account whatsoever of the disposition of the said
large sum, exceeding 160,0001. sterling a year, has
been laid before the board, or at least that any such
account has been transmitted to the Court of Directors; and it is not fitting that any British servant
of the Company should have the management of any
public money, much less of so great a sum, without
a public well-vouched account of the specific expenditure thereof:
? ? ? ? AGAINST WARREN HASTINGS. 201
XXXII. That the Court of Directors did, on the
17th of May, 1766, propose certain rules for regulating the correspondence of the Resident with the Nabob of Bengal, in which they did direct, as a principle for the said regulations, as follows (paragraph 16th). " We would have his correspondence to be
carried on with the Select Committee through the
channel of the President: he should keep a diary
of all his transactions. His correspondence with the
natives must be publicly conducted: copies of all his
letters, sent and received, be transmitted monthly to
the Presidency, with duplicates and triplicates to be
transmitted home in our general packet by every
ship. "
XXXIII. That the President and Select Committee (Lord Clive being then President) did approve of the whole substantial part of the said regulation (the diary excepted); and the principle, in
all matters of account, ought to have been strictly
adhered to, whatever limitations may have been given
to the office of Resident. Yet he, the said Warren
Hastings, in defiance of the aforesaid good rules, orders, and late precedent in conformity to the same,
did not only withhold any order for the purpose, but,
in order to carry on the business of the said durbar
in a clandestine manner for his own purposes, did,
as aforesaid, exclude all English from an intercourse
with' thle Nabob, who might carry complaints or
representations to the board, or the Court of Directors, of his condition, or the conduct of the Resident,-and did further, to defeat all possible publicity, insinuate to him to give the preference to
verbal communication above letters, in the words
? ? ? ? 202 ARTICLES OF CHARGE
following, of the ninth article of his instructions to
the Nabob: "Although I desire to receive your letters fiequently, yet, as many matters will occur which
cannot be so easily explained by letters as by conversation, I desire that you will on such occasions give
your orders to him respecting such points as you
may desire to have imparted to me; and I, postponing every other concern, will give an immediate
and the most satisfactory reply concerning them. "
Accordingly, no relation whatsoever has been received by the Court of Directors of the said Nabob's
affairs, nor any account of the money monthly paid,
except from public fame, which reports that his affairs are in great disorder, his servants unpaid, and
many of them dismissed, and all the Mussulmen dependent on his family in a state of indigence.
XVIII. -THE MOGUL DELIVERED UP TO THE MAHRATTAS.
I. THAT Shah Allumre, the prince commonly called
the Great MIogul, or, by eminence, The King, is, or
lately was, in the possession of the ancient capital
of Hindostan, and though without any considerable
territory, and without a revenue sufficient to maintain a moderate state, he is still much respected and
considered, and the custody of his person is eagerly
sought by many of the princes in India, on account
of the use to be made of his title and authority;
and it was for the interest of the East India Company, that, while on one hand no wars shall be entered into in support of his pretensions, on the other no steps should be taken which may tend to deliver
? ? ? ? AGAINST WARREN HASTINGS. 203
him into the hands of any of the powerful states of
that country, but that he should be treated with
friendship, good faith, and respectful attention.
II. That Warren Hastings, in contradiction to this
safe, just, and honorable policy, strongly prescribed
and enforced by the orders of the Court of Directors,
did, at a time when he was engaged in a negotiation
the declared purpose of which was to give peace to
India, concur with the captain-general of the Mah
ratta state, called Mahdajee Sindia, in hostile designs
against the few remaining territories of that same
Mogul emperor, by virtue of whose grant the Company actually possess the government and enjoy the revenues of great provinces, and also against the
possessions of a Mahomedan chief called Nudjif
Khan, a person of much merit with the East India
Company, in acknowledgment of which they had
granted him a pension, included in the tribute due
to the king, and, together with that tribute, taken
from him by the said Warren Hastings, though expressly guarantied to him by the Company. With both these powers the Company had been in friendship, and were actually at peace at the time of
the said clandestine concurrence in a design against
them; and the said Hastings hath since declared,
that the right of one of them, namely, "the right
of the Mogul emperor, to our assistance, has been
constantly acknowledged. "
III. That the said Warren Hastings, at the time
of his treacherous concurrence in a design against
a power which he was himself of opinion we were
bound to assist, and against whom there was no
? ? ? ? 204 ARTICLES OF CHARGE
doubt he was bound neither to form nor to concur
in any hostile attempt, did give a caution to Colonel
Muir, to whom the negotiation aforesaid was intrusted on the part of the Company, against "inserting
anything in the treaty which might expressly mark
our knowledge of his [the Mahratta general's] views,
or concurrence in them. " Which said transaction was
full of duplicity and fraud; and the crime of the said
Hastings therein is aggravated by his having some
years before withheld the tribute which by treaty was
solemnly agreed to be paid to the said king, on pretence that he had thrown himself, for the recovery of
his city of Delhi, on the protection of the Mahrattas,
whom the said Warren Hastings then called the natural enemies of the Company, and the growth of whose
power he then alleged to be highly dangerous to the
interests of this kingdom in India.
IV. That, after having concurred, in the manner
before mentioned, in a design of the Mahrattas against
the Mogul, and notwithstanding he, the said Warren
Hastings, had formerly declared, " that with him [the
Mogul] our connection had been a long time suspended, and he wvished never to see it renewed, as it
had proved a fatal drain to the wealth of Bengal and
the treasury of the Company, without yielding one
advantage -or possible resource, even of remote benefits, in return," the said Warren Hastings did nevertheless, on or about the month of March, 1783, with the privity and consent of the members of the board,
but by no authoritative act, dispatch, as agents of
him, the Governor-General only, and not as agents
of the Governor-General and Council, as they ought
to have been, certain persons, among whom were Ma
? ? ? ? AlGAINST WARREN HASTINGS. 205
jor Browne and Major Davy, to the court of the king
at Delhi, and did there enter into certain engagements with the said king by the means of those agents, and did carry on certain private and dangerous intrigues for various purposes, particularly for making
war in favor of the said king against some powers or
princes not precisely described, but which, as may be
inferred from a subsequent correspondence, were certain Mahomedan princes in the neighborhood of Delhi in amity with the Company, and some of them at that
time in the actual service and in the apparent confidence and favor of the said Mogul; and he did order Major Browne to offer to the Mogul king to provide
for the entire expense of any troops the Shahll [the said
king] might require; and the proposal was accordingly accepted, with the conditions annexed: by
which proposal and acceptance thereof the East India
Company was placed in a situation of great and perplexing difficulty; since either they were to engage,
at an unlimited expense, in new wars, contrary to
their orders, contrary to their general declared policy, and contrary to the published resolutions of the House of Commons, and wholly incompatible with
the state of their finances, or, to preserve peace, they
must risk the imputation of a new violation of faith,
by departing from an agreement made on the voluntary proposal of their own government,-the agent
of the said Hastings having declared, in his letter
to the said Hastings, by him communicated to the
board, " that the business of assisting the Shah [the
Mogul emperor] can and must go on, if we wish to be
secure in India, or regarded as a nation of faith and
honor. "
? ? ? ? 206 ARTICLES OF CHARGE
V. That the said Warren Hastings did, on the 20th
day of January, 1784, send in circulation to the other members of the Council a letter to him from his
agent, Major. Browne, dated at Delhi, on the 30th of'
December, 1783, viz. , that letter to-which the foregoing references are made, in which the said Browne
did directly press, and indirectly (though sufficiently
and strongly) suggest, several highly dangerous measures for realizing the general offers and engagements
of the said Warren Hastings, - proposing, that, besides a proportion of field artillery, and a train of
battering cannon for the purpose of sieges, six regiments of sepoys in the Company's service should be
transferred to that of the said king, and that certain
other corps should also be raised for the said service
in the English provinces and dependencies, to be immediately under the king's [the Mogul's] orders, and
to be maintained by assignments of territorial revenue within the province of Oude, a dependent mem-,
ber of the British government, but with a caution
against having any British officer with the same; the
said Major Browne expressing his caution as followeth: "If any European officer be with this corps, a
very nice judgment indeed must direct the choice;
for scarce any are in the smallest degree fit for such
employ, but much more likely to do harm than good. "
And the letter aforesaid being without any observation thereon, or any disavowal of the matters of fact
or of the counsels so strongly and authoritatively delivered therein by the said Warren Hastings's agent,
and without any mark of disapprobation of any part
of his plan, whether that of the assignment of territory belonging to the Company's allies for the maintenance of troops which were to be by that plan put
? ? ? ? AGAINST WARREN HASTINGS. 207
under the orders of a foreign independent power, or
that of employing the said troops without any British
officer with them, or for his alarming observation by
him entered oni the Company's records, which, if not
an implied censure on the nature of the service in
which British officers are supposed improper to be
trusted, is a strong reflection on the character of the
British officers, which was to render them unfit to be
employed in an honorable service, -- the said Warren
J{astings did thereby give a countenance to the said
unwarrantable and dangerous proposals and reflections.
VI. That a considerable time before the production and circulation of Major Browne's letter, the said
Hastings did enter a Minute of Consultation containing a proposition similar in the general intent to that
in the said letter contained for assisting the Mogul
with a military force; but the other members of the
board did disagree thereto, and, being alarmed at the
disposition so strongly shown by the said Hastings to
engage in new wars and dangerous foreign connections, and possibly having intelligence of the proceedings of his agent, did call upon him to produce his instructions to Major Browne; and he did, on the 5th
of October, 1783, and not before, enter on the Consultations a certain paper purporting to be the instructions which he had given to Major Browne the preceding March, the time of his, the said Browne's,
appointment, in which pretended instructions no direction whatsoever was given to the effect of his, the
said Hastings's, Minute of Consultation propounded:
that is to say, no power was given in the said instructions to make a direct offer of military aid to the
? ? ? ? 208 ARTICLES OF CHARGE
Mogul, or to form the arrangements stated by the
said Browne, in his letter to the said Hastings, as having been made by the express authority of the said
Hastings himself; but the said instructions contained
nothing further on that subject but a conditional direction, that, in case a military force should be required for the Mogul's aid or protection, the Major is
to know the service on which it is to be employed,
and the resources from whence it is to be paid; and
the instructions produced as his real instructions by
the said Hastings are so guarded as to caution the
said Browne against taking any part in the intrigues
of those who are about the king's person. By which
letters, instructions, and transactions, compared with
each other, it appears that the said Warren Hastings,
after six months' delay in entering of (contrary to
the Company's order) any. instructions to the said
Browne, did at last enter a false paper as the true, or
that he did give other secret instructions, totally different from, and even opposite to, his public ostensible instructions, thereby to deceive the Council, and to carry on with less obstruction dark and dangerous
intrigues, contrary to the orders of the Court of Directors, to the true policy of this kingdom, and to the
safety of the British possessions in the East.
VII. That the said letter from Major Browne was
by the said Warren Hastings transmitted to the Court
of Directors, without being accompanied by any part
of the previous correspondence; by which wilful concealmrent the said Warren Hastings is guilty of an
high and criminal disrespect to the Court of Directors, and of a most flagrant breach and violation of
their orders, which he was bound by an act of Parliament to obey.
? ? ? ? AGAITNST WARREN HASTINGS. 209
VIII. That the said Hastings having early in the
year 1784 procured to himself a deputation to act in
the upper provinces, the Council, being well aware
of his disposition to engage in unwarrantable designs
against the neighboring states, did expressly confine
his powers to the circumstance of his actual residence within the Company's provinces. But it appears that ways were found out by which lie hoped to defeat the precautions of the board: for the said
Warren Hastings did write from Lucknow, the capital of the country of Oude, to the Court of Directors,
a certain postscript of a letter, dated the 4th of May,
1784, in which he informs the Court that the son and
heir-apparent of the Great Mogul had taken refuge
with him and the Nabob of Oude; that he had a
conference with that prince on the 10th of the same
month of May, "no person being either present or
within hearing" during the same; and that in the
said conference the prince had informed him of the
distresses of his father, and his wish for the relief of
the king and the restoration of the dominions of his
house, as well as to rescue him from the power of
certain persons not named, who degraded him into
a mere instrument of their interested and sordid designs, and that, on a failure of his application to him,
he would either return to his father, or proceed to,
Calcutta, and thence to England; and that the. said,
Warren Hastings did give him an answer to the following effect: "That our [the British] government
had just obtained relief from a state of universal
warfare, and required a term of repose; that; our
whole nation was weary of war, and dreaded the
renewal of it, and would' be equally alarmed at any
movement of which it could not see the issue or progress,
VOL. Ix. 14
? ? ? ? 210 ARTICLES OF CHARGE
but which might eventually tend to create new hostilhties; that he came hither [to Lucknow] with a limited authority, and could not, if he chose it, engage in a business of that Iiature without the concurrence of
his colleagues in office, who he believed would be adverse
to it; that he would represent the same to the joint
members of his own government, and wait their
determination. In the mean time he advised the
prince to make advances to Mahdajee Sindia, both
because our government was in intimate and sworn
connection with him, and because he was the effectual
head of the Mahratta state; besides that he [the said
Warren Hastings] feared his [Sindia's] taking the
other side of the question, unless he was early prevented. "
IX. That in the statement of this discourse there
is much criminal reserve towards the Court of Directors,-it not appearing distinctly what the objects
were, nor Wlio the persons concerned, nor what the
side was which he apprehended the Mahrattas might
take, if not prevented by his advances; and in the'discourse itself there were many particulars highly
criminal, namely, - for that in the said conversation,
in which he describes himself as declining a compliance with the request of the prince on account of
the aversion (therein strongly expressed) of his colleagues, of the Company, and of the whole British
nation, to engage in any measures which might even
" eventually lead to hostilities," he spoke to the prince
as if he had been entirely ignorant of the offers which
but five months before had been made, to the king,
his father, on the part of that very government,. (whose repugnance to such measures he then for the
?