by Edmund Burke
VI. That the said Warren Hastings doth then continue to instruct the said Palmer in the alternative of a refusal from Fyzoola Khân. “If Fyzoola Khân shall refuse to treat for a subsidy, and claim the benefit of his original agreement in its literal expression, he possesses a right which we cannot dispute, and it will in that case remain only to fix the precise number of horse which he shall furnish, which ought at least to exceed twenty-five hundred.”
VII. That, in the above-recited instruction, the said Warren Hastings doth insinuate (for he doth not directly assert), —
1st. That we are entitled by treaty to five thousand troops, which he says were undoubtedly intended to be all cavalry.
2d. That the said Hastings doth then admit that a single horseman, included in the aid furnished by Fyzoola Khân, would prove a literal compliance.
3d. That the said Hastings doth next resort again to the supposition of our right to the whole five thousand cavalry.
4th. That the said Hastings doth afterwards think, in the event of an explanation of the treaty, and a settlement of the proportion of cavalry, instead of a pecuniary commutation, it will be all we can demand that the number should at least exceed twenty-five hundred.
5th. That the said Hastings doth, in calculating the supposed time of their service, assume an arbitrary estimate of one year of war to four of peace; which (however moderate the calculation may appear on the average of the said Hastings’s own government) doth involve a principle in a considerable degree repugnant to the system of perfect peace inculcated in the standing orders of the Company.
6th. That, in estimating the pay of the cavalry to be commuted, the said Hastings doth fix the pay of each man at fifty rupees a month; which on five thousand troops, all cavalry, (as the said Hastings supposes the treaty of Lall-Dang to have meant,) would amount to an expense of thirty lacs a year, or between 300,000l. or 400,000l. And this expense, strictly resulting (according to the calculations of the said Hastings) from the intention of Sujah ul Dowlah’s grant to Fyzoola Khân, was designed to be supported out of a jaghire valued at fifteen lacs only, or something more than 150,000l. of yearly revenue, just half the amount of the expense to be incurred in consideration of the said jaghire.
And that a basis of negotiation so inconsistent, so arbitrary, and so unjust is contrary to that uprightness and integrity which should mark the transactions of a great state, and is highly derogatory to the honor of this nation.
VIII. That, notwithstanding the seeming moderation and justice of the said Hastings in admitting the clear and undoubted right of Fyzoola Khân to insist on his treaty, the head of instruction immediately succeeding doth afford just reason for a violent presumption that such apparent lenity was but policy, to give a color to his conduct: he, the said Hastings, in the very next paragraph, bringing forth a new engine of oppression, as follows.
“To demand the surrender of all the ryots [or peasants] of the Nabob Vizier’s dominions to whom Fyzoola has given protection and service, or an annual tribute in compensation for the loss sustained by the Nabob Vizier in his revenue thus transferred to Fyzoola Khân.
“You have stated the increase of his jaghire, occasioned by this act, at the moderate sum of fifteen lacs. The tribute ought at least to be one third of that amount.
“We conceive that Fyzoola Khân himself may be disposed to yield to the preceding demand, on the additional condition of being allowed to hold his lands in ultumgaw [or an inheritable tenure] instead of his present tenure by jaghire [or a tenure for life]. This we think the Vizier can have no objection to grant, and we recommend it; but for this a fine, or peshcush, ought to be immediately paid, in the customary proportion of the jumma, estimated at thirty lacs.”
IX. That the Resident, Bristow, (to whom the letter containing Major Palmer’s instructions is addressed,) nowhere attributes the increase of Fyzoola Khân’s revenues to this protection of the fugitive ryots, subjects of the Vizier; that the said Warren Hastings was, therefore, not warranted to make that a pretext of such a peremptory demand. That, as an inducement to make Fyzoola Khân agree to the said demand, it is offered to settle his lands upon a tenure which would secure them to his children; but that settlement is to bring with it a new demand of a fine of thirty lacs, or 300,000l. and upwards; that the principles of the said demand are violent and despotic, and the inducement to acquiescence deceitful and insidious; and that both the demand and the inducement are derogatory to the honor of this nation.
X. That Major Palmer aforesaid proceeded under these instructions to Rampoor, where his journey “to extort a sum of money” was previously known from Allif Khân, vakeel of Fyzoola Khân at the Vizier’s court; and that, notwithstanding the assurances of the friendly disposition of government given by the said Hastings, (as is herein related,) the Nabob Fyzoola Khân did express the most serious and desponding apprehensions, both by letter and through his vakeel, to the Resident, Bristow, who represents them to Major Palmer in the following manner.
“The Nabob Fyzoola Khân complains of the distresses he has this year suffered from the drought. The whole collections have, with great management, amounted to about twelve lacs of rupees, from which sum he has to support his troops, his family, and several relations and dependants of the late Rohilla chiefs. He says, it clearly appears to be intended to deprive him of his country, as the high demand you have made of him is inadmissible. Should he have assented to it, it would be impossible to perform the conditions, and then his reputation would be injured by a breach of agreement. Allif Khân further represents, that it is his master’s intention, in case the demand should not be relinquished by you, first to proceed to Lucknow, where he proposes having an interview with the Vizier and the Resident; if he should not be able to obtain his own terms for a future possession of his jaghire, he will set off for Calcutta in order to pray for justice from the Honorable the Governor-General. He observes, it is the custom of the Honorable Company, when they deprive a chief of his country, to grant him some allowance. This he expects from Mr. Hastings’s bounty; but if he should be disappointed, he will certainly set off upon a pilgrimage to Mecca and Medina, and renounce the cares of the world. — He directs his vakeel to ascertain whether the English intend to deprive him of his country; for if they do, he is ready to surrender it, upon receiving an order from the Resident.”
XI. That, after much negotiation, the Nabob Fyzoola Khân, “being fully sensible that an engagement to furnish military aid, however clearly the conditions might be stated, must be a source of perpetual misunderstanding and inconveniencies,” did at length agree with Major Palmer to give fifteen lacs, or 150,000l. and upwards, by four instalments, that he might be exempted from all future claims of military service; that the said Palmer represents it to be his belief, “that no person, not known to possess your [the said Hastings’s] confidence and support in the degree that I am supposed to do, would have obtained nearly so good terms”; but from what motive “terms so good” were granted, and how the confidence and support of the said Hastings did truly operate on the mind of Fyzoola Khân, doth appear to be better explained by another passage in the same letter, where the said Palmer congratulates himself on the satisfaction which he gave to Fyzoola Khân in the conduct of this negotiation, as he spent a month in order to effect “by argument and persuasion what he could have obtained in an hour by threats and compulsions.”
PART IX. FULL VINDICATION OF FYZOOLA KHN BY MAJOR PALMER AND MR. HASTINGS.
I. That, in the course of the said negotiation for establishing the rights of the Nabob Fyzoola Khân, Major Palmer aforesaid did communicate to the Resident, Bristow, and through the said Resident to the Council-General of Bengal, the full and direct denial of the Nabob Fyzoola Khân to all and every of the charges made or pretended to be made against him, as follows.
“Fyzoola Khân persists in denying the infringement on his part of any one article in the treaty, or the neglect of any obligation which it imposed upon him.
“He does not
admit of the improvements reported to be made in his jaghire, and even asserts that the collections this year will fall short of the original jumma [or estimate] by reason of the long drought.
“He denies having exceeded the limited number of Rohillas in his service;
“And having refused the required aid of cavalry, made by Johnson, to act with General Goddard.
“He observes, respecting the charge of evading the Vizier’s requisition for the cavalry lately stationed at Daranagur, to be stationed at Lucknow, that he is not bound by treaty to maintain a stationary force for the service of the Vizier, but to supply an aid of two or three thousand troops in time of war.
“Lastly, he asserts, that, so far from encouraging the ryots [or peasants] of the Vizier to settle in his jaghire, it has been his constant practice to deliver them up to the Aumil of Rohilcund, whenever he could discover them.”
II. That, in giving his opinions on the aforesaid denials of the Nabob Fyzoola Khân, the said Palmer did not controvert any one of the constructions of the treaty advanced by the said Nabob.
That, although the said Palmer, “from general appearances as well as universal report, did not doubt that the jumma of the jaghire is greatly increased,” yet he, the said Palmer, did not intimate that it was increased in any degree near the amount reported, as it was drawn out in a regular estimate transmitted to the said Palmer expressly for the purposes of his negotiation, which was of course by him produced to the Nabob Fyzoola Khân, and to which specifically the denial of Fyzoola Khân must be understood to apply.
That the said Palmer did not hint any doubt of the deficiency affirmed by Fyzoola Khân in the collections for the current year: and,
That, if any increase of jumma did truly exist, whatever it may have been, the said Palmer did acknowledge it “to have been solemnly relinquished (in a private agreement) by the Vizier.”
That, although the said Palmer did suppose the number of Rohillas (employed “in ordinary occupations) in Rampoor alone to exceed that limited by the treaty for his [Fyzoola Khân’s] service,” yet the said Palmer did by no means imply that the Nabob Fyzoola Khân maintained in his service a single man more than was allowed by treaty; and by a particular and minute account of the troops of Fyzoola Khân, transmitted by the Resident, Bristow, to the said Palmer, the number was stated but at 5,840, probably including officers, who were not understood to be comprehended in the treaty.
That the said Palmer did further admit it “to be not clearly expressed in the treaty, whether the restriction included Rohillas of all descriptions”; but, at any rate, he adds, “it does not appear that their number is formidable, or that he [Fyzoola Khân] could by any means subsist such numbers as could cause any serious alarm to the Vizier; neither is there any appearance of their entertaining any views beyond the quiet possession of the advantages which they at present enjoy.”
And that, in a subsequent letter, in which the said Palmer thought it prudent “to vindicate himself from any possible insinuation that he meant to sacrifice the Vizier’s interest,” he, the said Palmer, did positively attest the new claim on Fyzoola Khân for the protection of the Vizier’s ryots to be wholly without foundation, as the Nabob Fyzoola Khân “had proved to him [Palmer], by producing receipts of various dates and for great numbers of these people surrendered upon requisition from the Vizier’s officers.”
III. That, over and above the aforesaid complete refutation of the different charges and pretexts under which exactions had been practised, or attempted to be practised, on the Nabob Fyzoola Khân, the said Palmer did further condemn altogether the principle of calculation assumed in such exactions (even if they had been founded in justice) by the following explanation of the nature of the tenure by which, under the treaty of Lall-Dang, the Nabob Fyzoola Khân held his possessions as a jaghiredar.
“There are no precedents in the ancient usage of the country for ascertaining the nuzzerana [customary present] or peshcush [regular fine] of grants of this nature: they were bestowed by the prince as rewards or favors; and the accustomary present in return was adapted to the dignity of the donor rather than to the value of the gift, — to which it never, I believe, bore any kind of proportion.”
IV. That a sum of money (“which of course was to be received by the Company”) being now obtained, and the “interests both of the Company and the Vizier” being thus much “better promoted” by “establishing the rights” of Fyzoola Khân than they could have been by “depriving him of his independency,” when every undue influence of secret and criminal purposes was removed from the mind of the Governor-General, Warren Hastings, Esquire, he, the said Hastings, did also concur with his friend and agent, Major Palmer, in the vindication of the Nabob Fyzoola Khân, and in the most ample manner.
That the said Warren Hastings did now clearly and explicitly understand the clauses of the treaty, “that Fyzoola Khân should send two or three [and not five] thousand men, or attend in person, in case it was requisite.”
That the said Warren Hastings did now confess that the right of the Vizier under the treaty was at best “but a precarious and unserviceable right; and that he thought fifteen lacs, or 150,000l. and upwards, an ample equivalent,” (or, according to the expression of Major Palmer, an excellent bargain,) as in truth it was, “for expunging an article of such a tenor and so loosely worded.”
And, finally, that the said Hastings did give the following description of the general character, disposition, and circumstances of the Nabob Fyzoola Khân.
“The rumors which had been spread of his hostile designs against the Vizier were totally groundless, and if he had been inclined, he had not the means to make himself formidable; on the contrary, being in the decline of life, and possessing a very fertile and prosperous jaghire, it is more natural to suppose that Fyzoola Khân wishes to spend the remainder of his days in quietness than that he is preparing to embark in active and offensive scenes which must end in his own destruction.”
V. Yet that, notwithstanding this virtual and implied crimination of his whole conduct toward the Nabob Fyzoola Khân, and after all the aforesaid acts systematically prosecuted in open violation of a positive treaty against a prince who had an hereditary right to more than he actually possessed, for whose protection the faith of the Company and the nation was repeatedly pledged, and who had deserved and obtained the public thanks of the British government, — when, in allusion to certain of the said acts, the Court of Directors had expressed to the said Hastings their wishes “to be considered rather as the guardians of the honor and property of the native powers than as the instruments of oppression,” he, the said Hastings, in reply to the said Directors, his masters, did conclude his official account of the final settlement with Fyzoola Khân with the following indecent, because unjust, exultation: —
“Such are the measures which we shall ever wish to observe towards our allies or dependants upon our frontiers.”
APPENDIX TO THE EIGHTH AND SIXTEENTH CHARGES.
Copy of a Letter from Warren Hastings, Esquire, to William Devaynes, Esquire, Chairman of the Court of Directors of the East India Company, dated Cheltenham, 11th of July, 1785, and printed by order of the House of Commons.
To William Devaynes, Esquire, Chairman of the Honorable the Court of Directors.
Sir, — The Honorable Court of Directors, in their general letter to Bengal by the “Surprise,” dated the 16th March, 1784, were pleased to express their desire that I should inform them of the periods when each sum of the presents mentioned in my address of the 22d May, 1782, was received, what were my motives for withholding the several receipts from the knowledge of the Council, or of the Court of Directors, and what were my reasons for taking bonds for part of these sums, and for paying other sums into the treasury as deposits on my own account.
I have been kindly apprised that the information required as above is yet expected from me. I hope that the circumstances of my past situation, when considered, will plead my excuse for having thus long wi
thheld it. The fact is, that I was not at the Presidency when the “Surprise” arrived; and when I returned to it, my time and attention were so entirely engrossed, to the day of my final departure from it, by a variety of other more important occupations, of which, Sir, I may safely appeal to your testimony, grounded on the large portion contributed by myself of the volumes which compose our Consultations of that period, that the submission which my respect would have enjoined me to pay to the command imposed on me was lost to my recollection, perhaps from the stronger impression which the first and distant perusal of it had left on my mind that it was rather intended as a reprehension for something which had given offence in my report of the original transaction than as expressive of any want of a further elucidation of it.
I will now endeavor to reply to the different questions which have been stated to me in as explicit a manner as I am able. To such information as I can give the Honorable Court is fully entitled; and where that shall prove defective, I will point out the easy means by which it may be rendered more complete.
First, I believe I can affirm with certainty, that the several sums mentioned in the account transmitted with my letter above mentioned were received at or within a very few days of the dates which are prefixed to them in the account; but as this contains only the gross sums, and each of these was received in different payments, though at no great distance of time, I cannot therefore assign a greater degree of accuracy to the account. Perhaps the Honorable Court will judge this sufficient for any purpose to which their inquiry was directed; but if it should not be so, I will beg leave to refer for a more minute information, and for the means of making any investigation which they may think it proper to direct, respecting the particulars of this transaction, to Mr. Larkins, your Accountant-General, who was privy to every process of it, and possesses, as I believe, the original paper, which contained the only account that I ever kept of it. In this each receipt was, as I recollect, specifically inserted, with the name of the person by whom it was made; and I shall write to him to desire that he will furnish you with the paper itself, if it is still in being and in his hands, or with whatever he can distinctly recollect concerning it.
