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The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12) written by Edmund Burke

E >> Edmund Burke >> The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12)




And that the aforesaid Warren Hastings did, therefore, in recording the
answer of Fyzoola Khan as an evasion of treaty, act in notorious
contradiction not only to that which ought to have been the fair
construction of the said treaty, but to that which he, the said
Hastings, must have known to be the Vizier's own interpretation of the
same, disposed as the Vizier was "to reproach Fyzoola Khan with breach
of treaty," and to "send up persons who should settle points with him."

V. That the said Warren Hastings, not thinking himself justified, on the
mere plea of an evasion, to push forward his proceedings to that
extremity which he seems already to have made his scope and object, and
seeking some better color for his unjust and violent purposes, did
further move, that commissioners should be sent from the Vizier and the
Company to Fyzoola Khan, to insist on a clause of a treaty which nowhere
appears, being essentially different from the treaty of Lall-Dang,
though not in the part on which the requisition is founded; and the said
Hastings did then, in a style unusually imperative, proceed as follows.

"_Demand immediate delivery of three thousand cavalry; and if he should
evade or refuse compliance, that the deputies shall deliver him a formal
protest against him for breach of treaty_, and return, making this
report to the Vizier, which Mr. Middleton is to transmit to the board."

VI. That the said motion of the Governor-General, Hastings, was ordered
accordingly,--the Council, as already has been herein related,
consisting but of two members, and the said Hastings consequently
"uniting in his own person all the powers of government."

VII. That, when the said Hastings ordered the said demand for three
thousand cavalry, he, the said Hastings, well knew that a compliance
therewith, on the part of the Nabob Fyzoola Khan, was utterly
impossible: for he, the said Hastings, had at the very moment before him
a letter of Fyzoola Khan, stating, that he, Fyzoola Khan, had "but two
thousand cavalry" altogether; which letter is entered on the records of
the Company, in the same Consultation, immediately preceding the
Governor-General's minute. That the said Hastings, therefore, knew that
the only possible consequence of the aforesaid demand necessarily and
inevitably must be a protest for a breach of treaty; and the Court of
Directors did not hesitate to declare that the said demand "carried the
appearance of a determination to create a pretext for depriving him
[Fyzoola Khan] of his jaghire entirely, or to leave him at the mercy of
the Vizier."

VIII. That Richard Johnson, Esquire, Assistant Resident at Oude, was,
agreeably to the afore-mentioned order of Council, deputed commissioner
from Mr. Middleton and the Vizier to Fyzoola Khan; but that he did early
give the most indecent proofs of glaring partiality, to the prejudice of
the said Fyzoola Khan: for that the very next day (as it seems) after
his arrival, he, the said Johnson, from opinions imbibed in his journey,
did state himself to be "unwilling to draw any favorable or flattering
inferences relatively to the object of his mission," and did studiously
seek to find new breaches of treaty, and, without any form of regular
inquiry whatever, from a single glance of his eye in passing, did take
upon himself to pronounce "the Rohilla soldiers, in the district of
Rampoor alone, to be not less than twenty thousand," and the grant of
course to be forfeited. And that such a gross and palpable display of a
predetermination to discover guilt did argue in the said Johnson a
knowledge, a strong presumption, or a belief, that such representations
would be agreeable to the secret wishes and views of the said Hastings,
under whose orders he, the said Johnson, acted, and to whom all his
reports were to be referred.

IX. That the said Richard Johnson, did soon after proceed to the
immediate object of his mission, "which" (the said Johnson relates)
"was short to a degree." The demand was made, and "a flat refusal"
given. The question was repeated, with like effect. The said Johnson, in
presence of proper witnesses, then drew up his protest, "together with a
memorandum of _a palliative offer_ made by the Nabob Fyzoola Khan," and
inserted in the protest:--"That he would, in compliance with the demand,
and _in conformity to the treaty, which specified no definite number of
cavalry or infantry, only expressing troops_, furnish three thousand
men: viz., he would, in addition to the one thousand cavalry already
granted, give one thousand more, when and wheresoever required, and one
thousand foot,"--together with one year's pay in advance, and funds for
the regular payment of them in future.

And this, the said Richard Johnson observes, "I put down at his [the
Nabob Fyzoola Khan's] particular desire, but otherwise useless; as _my
orders_" (which orders do not appear) "_were, not to receive any
palliation, but a negative or affirmative_": though such palliation, as
it is called by the said Johnson, might be, as it was, in the strictest
conformity to the treaty.

X. That in the said offer the Nabob Fyzoola Khan, instead of palliating,
did at once admit the extreme right of the Vizier under the treaty, by
agreeing to furnish three thousand men, when he, Fyzoola Khan, would
have been justified in pleading his inability to send more than two
thousand; that such inability would not (as appears) have been a false
and evasive plea, but perfectly true and valid,--as the three thousand
foot maintained by Fyzoola Khan were for the purposes of his internal
government, for which the whole three thousand must have been
demonstrably necessary; and that the Nabob Fyzoola Khan, by declining to
avail himself of a plea so fair, so well founded, and so consonant to
the indulgence expressly acknowledged in the treaty, and by thus meeting
the specific demand of the Vizier as fully as, according to his own
military establishment, he could, did for the said offer deserve rather
the thanks of the said Vizier and the Company than the protest which the
aforesaid Johnson, under the orders of Warren Hastings, did deliver.

XI. That the report of the said protest, as well as the former letter of
the said Johnson, were by the Resident, Middleton, transmitted to the
board, together with a letter from the Vizier, founded on the said
report and letter of the said Johnson, and proposing in consequence "to
resume the grant, and to leave Fyzoola Khan to join his other faithless
brethren who were sent across the Ganges."

That the said papers were read in Council on the 4th of June, 1781, when
the Governor-General, Warren Hastings, did move and carry a vote to
suspend a final resolution on the same: and the said Hastings did not
express any disapprobation of the proceedings of the said Johnson;
neither did the said Hastings assign any reasons for his motion of
suspension, which passed without debate. That in truth the said Hastings
had then projected a journey up the country to meet the Vizier for the
settlement of articles relative to the regulation of Oude and its
dependencies, among which was included the jaghire of Fyzoola Khan; and
the said Hastings, for the aforesaid purposes, did, on the 3d of July,
by his own casting vote, grant to himself, and did prevail on his
colleague, Edward Wheler, Esquire, to grant, a certain illegal
delegation of the whole powers of the Governor-General and Council, and
on the seventh of the same month did proceed on his way to join the
Vizier at a place called Chunar, on the borders of Benares; and that the
aforesaid vote of suspending a final resolution on the transactions with
Fyzoola Khan was therefore in substance and effect a reference thereof
by the said Hastings from himself in council with his colleague, Wheler,
to himself in conference and negotiation with the Vizier, who, from the
first demand of the five thousand horse, had taken every occasion of
showing his inclination to dispossess Fyzoola Khan, and who before the
said demand (in a letter which does not appear, but which the Vizier
himself quotes as antecedent to the said demand) had complained to the
said Hastings of the "injury and irregularity in the management of the
provinces bordering on Rampoor, arising from Fyzoola Khan having the
uncontrolled dominion of that district."


PART VI.

TREATY OF CHUNAR.

I. That the Governor-General, Warren Hastings, being vested with the
illegal powers before recited, did, on the 19th of September, 1781,
enter into a treaty with the Vizier at Chunar,--which treaty (as the
said Hastings relates) was drawn up "from a series of requisitions
presented to him [the said Hastings] by the Vizier," and by him received
"with an instant and unqualified assent to each article"; and that the
said Hastings assigns his reasons for such ready assent in the
following words: "I considered the subjects of his [the Vizier's]
requests as essential to the reputation of our government, and no less
to our interest than his."

II. That in the said treaty of Chunar the third article is as follows.

"That, as Fyzoola Khan has by his breach of treaty forfeited the
protection of the English government, and causes by his continuance in
his present independent state great alarm and detriment to the Nabob
Vizier, he be permitted, _when time shall suit_, to resume his lands,
and pay him in money, through the Resident, the amount stipulated by
treaty, after deducting the amount and charges of the troops he stands
engaged to furnish by treaty; which amount shall be passed to the
account of the Company during the continuance of the present war."

III. That, for the better elucidation of his policy in the several
articles of the treaty above mentioned, the said Hastings did send to
the Council of Calcutta (now consisting of Edward Wheler and John
Macpherson, Esquires) two different copies of the said treaty, with
explanatory minutes opposed to each article; and that the minute opposed
to the third article is thus expressed.

"The conduct of Fyzoola Khan, in refusing the aid demanded, though (1.)
_not an absolute breach of treaty_, was evasive and uncandid. (2.) _The
demand was made for five thousand cavalry_. (3.) _The engagement, in the
treaty is literally for five thousand horse and foot_. Fyzoola Khan
could not be ignorant that we had no occasion for any succors of
infantry from him, and that cavalry would be of the most essential
service. (4.) _So scrupulous an attention to literal expression, when a
more liberal interpretation would have been highly useful and acceptable
to us, strongly marks his unfriendly disposition, though it may not
impeach his fidelity, and leaves him little claim to any exertions from
us for the continuance of his jaghires. But _ (5.) _I am of opinion that
neither the Vizier's nor the Company's interests would be promoted by
depriving Fyzoola Khan of his independency, and I have_ (6.) _therefore
reserved the execution of this agreement to an indefinite term; and our
government may always interpose to prevent any ill effects from it_."

IV. That, in his aforesaid authentic evidence of his own purposes,
motives, and principles, in the third article of the treaty of Chunar,
the said Hastings hath established divers matters of weighty and serious
crimination against himself.

1st. That the said Hastings doth acknowledge therein, that he did, in a
public instrument, solemnly recognize, "_as a breach of treaty_," and as
such did subject to the consequent penalties, an act which he, the said
Hastings, did at the same time think, and did immediately declare, to be
"_no breach of treaty_"; and by so falsely and unjustly proceeding
against a person under the Company's guaranty, the said Hastings, on his
own confession, did himself break the faith of the said guaranty.

2d. That, in justifying this breach of the Company's faith, the said
Hastings doth _wholly abandon his second peremptory demand for the three
thousand horse_, and the protest consequent thereon; and the said
Hastings doth thereby himself condemn the violence and injustice of the
same.

3dly. That, in recurring to the original demand of five thousand horse
as the ground of his justification, the said Hastings doth falsely
assert "the engagement in the treaty to be _literally_ FIVE _thousand
horse and foot_," whereas it is in fact for TWO _or_ THREE _thousand
men_; and the said Hastings doth thereby wilfully attempt to deceive and
mislead his employers, which is an high crime and misdemeanor in a
servant of so great trust.

4thly. That, with a view to his further justification, the said Hastings
doth advance a principle that "_a scrupulous attention to the literal
expression_" of a guarantied treaty "_leaves_" to the person so
observing the same "_but little claim to the exertions_" _of a guaranty
on his behalf_; that such a principle is utterly subversive of all faith
of guaranties, and is therefore highly criminal in the first executive
member of a government that must necessarily stand in that mutual
relation to many.

5thly. That the said Hastings doth profess his opinion of an article to
which he gave an "_instant and unqualified assent_," that it was a
measure "_by which neither the Vizier's nor the Company's interests
would be promoted_," but from which, without some interposition, "_ill
effects_" _must be expected_; and that the said Hastings doth thereby
charge himself with a high breach of trust towards his employers.

6thly. That the said Hastings having thus confessed that consciously and
wilfully (from what motives he hath not chosen to confess) he did give
his formal sanction to a measure both of injustice and impolicy, he, the
said Hastings, doth urge in his defence, that he did at the same time
insert words "reserving the execution of the said agreement to an
indefinite term," with an intent that it might in truth be never
executed at all,--but that "our government might always interpose,"
without right, by means of an indirect and undue influence, to prevent
the ill effects following from a collusive surrender of a clear and
authorized right to interpose; and the said Hastings doth thereby
declare himself to have introduced a principle of duplicity, deceit, and
double-dealing into a public engagement, which ought in its essence to
be clear, open, and explicit; that such a declaration tends to shake and
overthrow the confidence of all in the most solemn instruments of any
person so declaring, and is therefore an high crime and misdemeanor in
the first executive member of government, by whom all treaties and other
engagements of the state are principally to be conducted.

V. That, by the explanatory minute aforesaid, the said Warren Hastings
doth further, in the most direct manner, contradict his own assertions
in the very letter which inclosed the said minute to his colleagues; for
that one of the articles to which he there gave "_an instant and
unqualified assent, as no less to our interest than to the Vizier's_" he
doth here declare unequivocally to be _neither to our interests nor the
Vizier's_; and the "_unqualified_ assent" given to the said article is
now so _qualified_ as wholly to defeat itself. That by such
irreconcilable contradictions the said Hastings doth incur the suspicion
of much criminal misrepresentation in other like cases of unwitnessed
conferences; and in the present instance (as far as it extends) the said
Hastings doth prove himself to have given an account both of his actions
and motives by his own confession untrue, for the purpose of deceiving
his employers, which is an high crime and misdemeanor in a servant of so
great trust.

VI. That the said third article of the treaty of Chunar, as it thus
stands explained by the said Hastings himself, doth on the whole appear
designed to hold the protection of the Company in suspense; that it
acknowledges all right of interference to cease, but leaves it to our
discretion to determine when it will suit our conveniency to give the
Vizier the liberty of acting on the principles by us already admitted;
that it is dexterously constructed to balance the desires of one man,
rapacious and profuse, against the fears of another, described as "of
extreme pusillanimity and wealthy," but that, whatever may have been the
secret objects of the artifice and intrigue confessed to form its very
essence, it must on the very face of it necessarily implicate the
Company in a breach of faith, whichever might be the event, as they must
equally break their faith either by withdrawing their guaranty unjustly
or by continuing that guaranty in contradiction to this treaty of
Chunar; that it thus tends to hold out to India, and to the whole world,
that the public principle of the English government is a deliberate
system of injustice joined with falsehood, of impolicy, of bad faith,
and treachery; and that the said article is therefore in the highest
degree derogatory to the honor, and injurious to the interests of this
nation.


PART VII.

CONSEQUENCES OF THE TREATY OF CHUNAR.

I. That, in consequence of the treaty of Chunar, the Governor-General,
Warren Hastings, did send official instructions respecting the various
articles of the said treaty to the said Resident, Middleton; and that,
in a postscript, the said Hastings did forbid the resumption of the
Nabob Fyzoola Khan's jaghire, "until circumstances may render it more
expedient and easy to be attempted than the present more material
pursuits of government make it appear": thereby intimating a positive
limitation of the indefinite term in the explanatory minute above
recited, and confining the suspension of the article to the pressure of
the war.

II. That, soon after the date of the said instructions, and within two
months of the signature of the treaty of Chunar, the said Hastings did
cause Sir Elijah Impey, Knight, his Majesty's chief-justice at Fort
William, to discredit the justice of the crown of Great Britain by
making him the channel of unwarrantable communication, and did, through
the said Sir Elijah, signify to the Resident, Middleton, his, the said
Hastings's, "approbation of a _subsidy_ from Fyzoola Khan."

III. That the Resident, in answer, represents the proper equivalent for
two thousand horse and one thousand foot (the forces offered to Mr.
Johnson by Fyzoola Khan) to be twelve lacs, or 120,000_l._ sterling and
upwards, each year; which the said Resident supposes is considerably
beyond what he, Fyzoola Khan, _will voluntarily pay_: "however, if it
is your wish that the claim should be made, I am ready to take it up,
and _you may he assured nothing in my power shall be left undone to
carry it through_."

IV. That the reply of the said Hastings doth not appear; but that it
does appear on record that "a negotiation" (Mr. Johnson's) "was begun
for Fyzoola Khan's cavalry to act with General Goddard, and, on his
[Fyzoola Khan's] _evading_ it, _that a sum of money was demanded_."

V. That, in the months of February, March, and April, the Resident,
Middleton, did repeatedly propose the resumption of Fyzoola Khan's
jaghire, agreeably to the treaty of Chunar; and that, driven to
extremity (as the said Hastings supposes) "by the public menaces and
denunciations of the Resident and minister," Hyder Beg Khan, a creature
of the said Hastings, and both the minister and Resident acting
professedly on and under the treaty of Chunar, "the Nabob Fyzoola Khan
made such preparations, and such a disposition of his family and wealth,
as evidently manifested either an intended or an _expected rupture_."

VI. That on the 6th of May the said Hastings did send his confidential
agent and friend, Major Palmer, on a private commission to Lucknow; and
that the said Palmer was charged with secret instructions relative to
Fyzoola Khan, but of what import cannot be ascertained, the said
Hastings in his public instructions having inserted only the name of
Fyzoola Khan, as a mere reference (according to the explanation of the
said Hastings) to what he had verbally communicated to the said Palmer;
and that the said Hastings was thereby guilty of a criminal concealment.

VII. That some time about the month of August an engagement happened
between a body of Fyzoola Khan's cavalry and a part of the Vizier's
army, in which the latter were beaten, and their guns taken; that the
Resident, Middleton, did represent the same but as a slight and
accidental affray; that it was acknowledged the troops of the Vizier
were the aggressors; that it did appear to the board, and to the said
Hastings himself, an affair of more considerable magnitude; and that
they did make the concealment thereof an article of charge against the
Resident, Middleton, though the said Resident did in truth acquaint them
with the same, but in a cursory manner.

VIII. That, immediately after the said "fray" at Daranagur, the Vizier
(who was "but a cipher in the hands" of the minister and the Resident,
both of them directly appointed and supported by the said Hastings) did
make of Fyzoola Khan a new demand, equally contrary to the true intent
and meaning of the treaty as his former requisitions: which new demand
was for the detachment in garrison at Daranagur to be cantoned as a
stationary force at Lucknow, the capital of the Vizier; whereas he, the
Vizier, had only a right to demand an occasional aid to join his army in
the field or in garrison during a war. But the said new demand being
_evaded_, or rather refused, agreeably to the fair construction of the
treaty, by the Nabob Fyzoola Khan, the matter was for the present
dropped.

IX. That in the letter in which the Resident, Middleton, did mention
"what he calls the fray" aforesaid, the said Middleton did again apply
for the resumption of the jaghire of Rampoor; and that, the objections
against the measure being now removed, (by the separate peace with
Sindia,) he desired to know if the board "would give assurances of their
support to the Vizier, in case, _which_" (says the Resident) "_I think
very probable, his_ [the Vizier's] _own strength should be found unequal
to the undertaking_."

X. That, although the said Warren Hastings did make the foregoing
application a new charge against the Resident, Middleton, yet the said
Hastings did only criminate the said Middleton for a proposal tending
"at such a crisis to increase the number of our enemies," and did in no
degree, either in his articles of charge or in his accompanying minutes,
express any disapprobation whatever of the principle; that, in truth,
the whole proceedings of the said Resident were the natural result of
the treaty of Chunar; that the said proceedings were from time to time
communicated to the said Hastings; that, as he nowhere charges any
disobedience of orders on Mr. Middleton with respect to Fyzoola Khan, it
may be justly inferred that the said Hastings did not interfere to check
the proceedings of the said Middleton on that subject; and that by such
criminal neglect the said Hastings did make the guilt of the said
Middleton, whatever it might be, his own.


PART VIII.

PECUNIARY COMMUTATION OF THE STIPULATED AID.

I. That on the charges and for the misdemeanors above specified,
together with divers other accusations, the Governor-General, Warren
Hastings, in September, 1782, did remove the aforesaid Middleton from
his office of Resident at Oude, and did appoint thereto John Bristow,
Esquire, whom he had twice before, without cause, recalled from the
same; and that about the same time the said Hastings did believe the
mind of the Nabob Fyzoola Khan to be so irritated, in consequence of the
above-recited conduct of the late Resident, Middleton, and of his, the
said Hastings's, own criminal neglect, that he, the said Hastings, found
it necessary to write to Fyzoola Khan, assuring him "of the favorable
disposition of the government toward him, while he shall not have
forfeited it by any improper conduct"; but that the said assurances of
the Governor-General did not tend, as soon after appeared, to raise much
confidence in the Nabob, over whom a public instrument of the same
Hastings was still holding the terrors of a deprivation of his jaghire,
and an exile "among his other faithless brethren across the Ganges."

II. That, on the subject of Fyzoola Khan, the said Hastings, in his
instructions to the new Resident, Bristow, did leave him to be guided by
his own discretion; but he adds, "Be careful to prevent the Vizier's
affairs from being involved with new difficulties, while he has already
so many to oppress him": thereby plainly hinting at some more decisive
measures, whenever the Vizier should be less oppressed with
difficulties.

III. That the Resident, Bristow, after acquainting the Governor-General
with his intentions, did under the said instructions renew the aforesaid
claim for a sum of money, but with much caution and circumspection,
distantly sounding Allif Khan, the _vakeel_ (or envoy) of Fyzoola Khan
at the court of the Vizier; that "Allif Khan wrote to his master on the
subject, and in answer he was directed not to agree to the granting of
any pecuniary aid."