Complete Works of Edmund Burke

by Edmund Burke

  “7. It must have been publicly known that in 1775 the Resident at the Vizier’s court not only obtained from the Begum, widow of the late Sujah Dowlah, on the Nabob’s account, thirty lacs of rupees, half of which was to be paid to the Company, but also the forbearance of twenty-six lacs, for the repayment of which she had security in land, on the Nabob’s agreeing to renounce all further claims upon her, and that to this agreement the Company were guaranties.

  “8. We find that on the 21st December, 1775, the Begum complained of a breach of engagements on the part of the Nabob, soliciting your protection for herself, her mother, and for all the women belonging to the seraglio of the late Nabob, from the distresses to which they were reduced; in consequence whereof it was agreed in consultation, 3d January, 1776, to remonstrate with the Vizier, — the Governor-General remarking, that, as the representative of our government has become an agent in this business, and has pledged the honor and faith of the Company for the punctual observance of the conditions under which the treaty was concluded, you had a right to interfere, and justice demanded it, if it should appear that those engagements have been violated. And the board at the same time resolved, that, as soon as the Begum’s engagements with the Nabob, to which Mr. Bristow is a party, shall be fulfilled on her part, this government will think themselves bound to protect her against any further demand or molestation.

  “9. If, therefore, the disaffection of the Begums was not a matter of public notoriety, we cannot but be alarmed for the effects which these subsequent transactions must have had on the minds of the natives of India. The only consolation we feel upon this occasion is, that the amount of those jaghires for which the Company were guaranties is to be paid through our Resident at the court of the Vizier; and it very materially concerns the credit of your government on no account to suffer such payments to be evaded.

  “10. If it shall hereafter be found that the Begums did not take that hostile part against the Company which has been represented, as well in the Governor-General’s Narrative as in several documents therein referred to, — and as it nowhere appears, from the papers at present in our possession, that they excited any commotion previous to the imprisonment of Rajah Cheyt Sing, but only armed themselves in consequence of that transaction, — and as it is probable that such a conduct proceeded entirely from motives of self-defence, under an apprehension that they themselves might likewise be laid under unwarrantable contributions, — we direct that you use your influence with the Vizier that their jaghires may be restored to them; but if they should be under apprehensions respecting the future conduct of the Vizier, and wish our further protection, it is our pleasure that you afford those ladies an asylum within the Company’s territories, and there be paid the amount of the net collections of their jaghires, agreeably to the second article of the late treaty, through the medium of our Resident, as may be ascertained upon an average estimate of some years back.”

  You see, my Lords, the Directors had received every one of his false impressions. They had conceived an idea, that, after the rebellion of Cheyt Sing, (but not before, upon his own showing,) the Begums had shown a disposition to arm. They here assume a false fact, which Mr. Hastings stated in his representation of the business to them. They assume a variety of other false facts: they assume that the amount of the jaghires of the Begums were to be paid them in regular pensions; whereas they were totally confiscated, without any compensation at all. And yet, upon Mr. Hastings’s own showing, they found the transaction to be so dishonorable to the British government, that they desire him to make inquiry into it, and give redress accordingly.

  Here, then, is another order of the Company, another call upon Mr. Hastings to examine to the bottom of this affair. The Directors, after giving him credit for that enormous mass of falsehoods which we have proved him to have stated in his Narrative, found themselves so utterly dissatisfied, that they gave this conditional order to restore the Begums to their jaghires. Your Lordships will find it in evidence upon your minutes, that he contumaciously disobeyed this order, — that he would not consent to the propositions of the Council for inquiring into the conduct of these injured women, but stifled every attempt that was made by others to do them justice. And yet he here has the effrontery to propose that your Lordships should inquire into the business at your bar, — that you should investigate a matter here which he refused to inquire into on the spot, though expressly ordered by his masters so to do.

  I will now read to your Lordships a short extract from his own narrative of his own proceedings. It begins with reciting part of a note entered by Mr. Macpherson in the Consultations of the Council, at the time when the orders of the Court of Directors which I have just alluded to were taken into consideration.

  “What the Court of Directors seem to have most at heart are, first, that the engagement of the second article of the Benares treaty should be faithfully fulfilled, — and, secondly, to guard against the future misconduct of the Vizier, if he should be disposed to oppress the Begums; that we should therefore ascertain whether the amount of the jaghires of the Begums is regularly paid to them through the Company’s Resident, and give them notice that no future demands shall be made upon them. This the Governor-General might, I think, do in a letter that would make the Begums sensible of their past misconduct, yet inform them of the lenity and gracious intentions of the Company, in ordering them an asylum in Bengal, in case of future distress.”

  In consequence of the foregoing opinion from Mr. Macpherson, the following minute was delivered by the Governor-General.

  “I should gladly acquiesce in the motion made by Mr. Macpherson, if I thought it possible to frame a letter to the Begums in any terms which should at the same time convey the intimation proposed by it and not defeat the purpose of it, or be productive of evils greater than any which exist in consequence of the proceedings which have already taken place, and which time has almost obliterated. The orders of the Court of Directors are conditional; they require nothing, but in the event of discoveries made subsequent to the advices which were before you on the 14th February last, in alleviation of the former conduct of the Begums. Nothing has since appeared in relation to them, but their refusal, or rather that of one, to fulfil her engagements for the payment of the remainder of the sum exacted from her by the Nabob Vizier in the beginning of last year. Whatever obedience may be due to the clear ascertained spirit of the orders of the Court of Directors, this obligation cannot extend to points to which neither the letter nor evident spirit of their orders apply. If I am rightly informed, the Nabob Vizier and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it. It will be to little purpose to tell them that their conduct has, in our estimation of it, been very wrong, and at the same time to announce to them the orders of our superiors, which more than indicate the reverse. They will instantly take fire on such a declaration, proclaim the judgment of the Company in their favor, demand a reparation of the acts which they will construe wrongs with such a sentence warranting that construction, — and either accept the invitation, to the proclaimed scandal of the Vizier, which will not add to the credit of our government, or remain in his dominions, but not under his authority, to add to his vexations and the disorders of the country, by continual intrigues and seditions. Enough already exists to affect his peace, and the quiet of his people; if we cannot heal, let us not inflame the wounds which have been inflicted.

  “If the Begums think themselves aggrieved to such a degree as to justify them in an appeal to a foreign jurisdiction, — to appeal to it against a man standing in the relation of son and grandson to them, — to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs, — let us at least permit them to be the judges of their own feelings, and prefer their complaints before we offer to redress them: they will not need to be prompted. I hope I shall n
ot depart from the simplicity of official language, in saying, that the majesty of justice ought to be approached with solicitation, not descend to provoke or invite it, much less to debase itself by the suggestion of wrongs and the promise of redress, with the denunciation of punishment before trial, and even before accusation.”

  My Lords, if, since the beginning of the world, such a paper as this was ever before written by a person standing in the relation of a servant to his master, I shall allow that every word we have said to your Lordships upon this occasion to mark his guilt ought to be expunged from your minutes and from our charges.

  Before I proceed to make any observations upon this act of open rebellion against his superiors, I must beg your Lordships to remark the cruelty of purpose, the hostile feeling, towards these injured women, which were displayed in this daring defiance. Your Lordships will find that he never is a rebel to one party without being a tyrant to some others; that rebel and tyrant are correlative terms, when applied to him, and that they constantly go together.

  It is suggested by the Directors, that the Nabob is the persecutor, the oppressor, and that Mr. Hastings is the person who is to redress the wrong. But here they have mistaken the matter totally. For we have proved to your Lordships that Mr. Hastings was the principal in the persecution, and that the Nabob was only an instrument. “If I am rightly informed,” he says, “the Nabob and the Begums are on terms of mutual good-will. It would ill become this government to interpose its influence by any act which might tend to revive their animosities: and a very slight occasion would be sufficient to effect it.” What animosities had they towards each other? None that we know of. Mr. Hastings gets the Nabob to rob his mother; and then he supposes, contrary to truth, contrary to fact, contrary to everything your Lordships have heard, that the Nabob would fall into a fury, if his mother was to obtain any redress, — and that, if the least inquiry into this business was made, it would create a flame in the Nabob’s mind, on account of the active, energetic, spirited part he had taken in these transactions. “Therefore,” says he, “oh, for God’s sake, soothe the matter! It is a green wound; don’t uncover it; do nothing to irritate. It will be to little purpose to tell them that their conduct has in our estimation of it been very wrong, and at the same time announce to them the orders of our superiors, which more than indicate the reverse.” Now, my Lords, to what does all this amount? “First,” says he, “I will not do them justice, — I will not enter upon an inquiry into their wrongs.” Why? “Because they charge us with having inflicted them.” Then, surely, for that reason, you ought to commence an inquiry. “No,” says he, “that would be telling them that our superiors suspect we are in the wrong.” But when his superiors more than indicated suspicions, was he not bound tenfold to make that inquiry, for his honor and for their satisfaction, which they direct him to make? No, he will not do it, “because,” says he, “the Begums would either accept the offer of an asylum in the Company’s territories, to the proclaimed scandal of the Vizier, which would not add to the credit of our government, or they would remain in his dominions, but not under his authority, to add to his vexations, and the disorders of the country, by continual intrigues and seditions.”

  You see, my Lords, this man is constantly thrusting this peaceable Nabob before him; goading and pushing him on, as if with a bayonet behind, to the commission of everything that is base and dishonorable. You have him here declaring that he will not satisfy the Directors, his masters, in their inquiries about those acts, for fear of the Nabob’s taking umbrage, and getting into a flame with his mother, — and for fear the mother, supported by the opinion of the Directors, should be induced to resent her wrongs. What, I say, does all this amount to? It amounts to this:— “The Begums accuse me of doing them injustice; the Directors indicate a suspicion that they have been injured; therefore I will not inquire into the matter.” Why? “Because it may raise disturbances.” But what disturbance could it raise? The mother is disarmed, and could not hurt the Nabob. All her landed estates he knew were confiscated; he knew all her money was in his own possession; he knew she had not the means, if she had been disposed, to create intrigues and cabals; — what disturbance, then, could be created by his sending a letter to know what she had to say upon the subject of her wrongs?

  “If” says he, “the Begums think themselves aggrieved.” Observe, my Lords, that the institution of an inquiry is no measure of the Begums; it is an order of the Court of Directors, made by them upon his own representation of his own case, and upon nothing else. The Begums did not dare to murmur; they did not dare to ask for redress, God knows the poor creatures were, at or about the time, his prisoners, — robbed, — stripped of everything, — without hope and without resource. But the Directors, doing their duty upon that occasion, did condemn him upon his own false representations contained in that bundle of affidavits upon which his counsel now contend that your Lordships should acquit him.— “But,” says he, “are they to appeal to a foreign jurisdiction?” When these women were to be robbed, we were not foreigners to them; on the contrary, we adjudged them guilty of rebellion. We sent an English chief-justice to collect materials of accusation against them. We sent English officers to take their money. The whole was an English transaction. When wrong is to be done, we have then an interest in the country to justify our acting in it; but when the question is of redressing wrongs, when the question is of doing justice, when the question is of inquiry, when the question is of hearing complaints, then it is a foreign jurisdiction. You are to suffer Mr. Hastings — to make it foreign, or to make it domestic, just as it answers his purposes. — But they are “to appeal against a man standing in the relation of son and grandson to them, and to appeal to the justice of those who have been the abettors and instruments of their imputed wrongs.” Why, my Lords, if he allows that he is the abettor of, and the instrument to which the Directors impute these wrongs, why, I ask, does he, with those charges lying upon him, object to all inquiry in the manner you have seen?

  But the Company’s Governor is, it seems, all at once transformed into a great sovereign;— “the majesty of justice ought to be approached with solicitation.” Here, my Lords, he forgets at once the Court of Directors, he forgets the laws of England, he forgets the act of Parliament, he forgets that any obedience is due to his superiors. The Begums were to approach him by the orders of the Court of Directors; he sets at nought these orders, and asserts that he must be approached with solicitations.

  “Time,” says he, “has obliterated their sufferings.” Oh, what a balm of oblivion time spreads over the wrongs, wounds, and afflictions of others, in the mind of the person who inflicts those wrongs and oppressions! The oppressor soon forgets. This robbery took place in 17; it was in the year 1783 when he asserted that the waters of Lethe had been poured over all their wrongs and oppressions. Your Lordships will mark this insulting language, when he says that both the order of the Directors and the application of the Begums for redress must be solicitations to him.

  [Here Mr. Burke was interrupted by Mr. Hastings, who said, “My Lords, there was no order. I find a man’s patience may be exhausted. I hear so many falsehoods, that I must declare there was no order of the Court of Directors. Forgive me, my Lords. He may say what he pleases; I will not again controvert it. But there is no order; if there is, read it.” Mr. Burke then proceeded.]

  Judge you, my Lords, what the insolence, audacity, and cruelty of this man must have been, from his want of patience in his present situation, and when he dares to hold this language here. Your Lordships will reckon with him for it, or the world will reckon with you.

  [Mr. Hastings here again interrupted Mr. Burke, and said, “There was no order for inquiry.”]

  Mr. Burke. — Your Lordships have heard the letter read, — I mean the letter from the Directors, which I read just now. You will judge whether it is an order or not. I did hope within these two days to put an end to this business; but when your Lordships hear us charged with direct falsehood at your ba
r, when you hear this wicked wretch who is before you —

  [From a Lord. — Order! order! order!]

  Mr. Burke. — Order, my Lords, we call for, in the name of the Commons! Your Lordships have heard us accused at your bar of falsehood, after we had read the order upon which our assertion was founded. This man, whom we have described as the scourge and terror of India, this man gets up, and charges us, not with a mistake, an error, a wrong construction, but a direct falsehood, — and adds, that his patience is worn out with the falsehood he hears. This is not an English court of justice, if such a thing is permitted. We beg leave to retire, and take instructions from our constituents. He ought to be sent to Bridewell for going on in this manner.

  [Mr. Wyndham here read the letter again.]

  Mr. Burke. — With regard to the ravings of this unhappy man, I am sure, if I were only considering what passed from him to the Managers in this box, and knowing what allowance is due to a wounded conscience, brought before an awful tribunal, and smarting under the impressions of its own guilt, I would pass them over. But, my Lords, we have the honor of the Commons, we have the honor of this court to sustain. [Your Lordships, the other day, for an offence committed against a constable, who was keeping the way under your orders, did, very justly, and to the great satisfaction of the public, commit the party to Bridewell, for a much slighter insult against the honor and dignify of your court.] And I leave it, therefore, for the present, till your Lordships can seriously consider what the mode of proceeding in this matter ought to be. — I now proceed.