Volume VIII Part 18 (1/2)
That the East India Company, having on their part violated the engagements and renounced the conditions on which they received and have hitherto held and enjoyed the duanne of Bengal, Bahar, and Orissa from the King Shah Allum, have thereby forfeited all right and t.i.tle to the said duanne arising from the said grant, and that it is free and open to the said King to resume such grant, and to transfer it to any other prince or state;--that, notwithstanding any distress or weakness to which he may be actually reduced, his lawful authority, as sovereign of the Mogul Empire, is still acknowledged in India, and that his grant of the duanne would sufficiently authorize and materially a.s.sist any prince or state that might attempt to dispossess the East India Company thereof, since it would convey a right which could not be disputed, and to which nothing but force could be opposed. Nor can these opinions be more strongly expressed than they have been lately by the said Warren Hastings himself, who, in a minute recorded the 1st of December, 1784, has declared, that, ”fallen as the House of Timur is, it is yet the relic of the most ill.u.s.trious line of the Eastern world; that _its sovereignty is universally acknowledged_, though the substance of it no longer exists; and that the Company itself derives its const.i.tutional dominion from its ostensible bounty.”
That the said Warren Hastings by this declaration has renounced and condemned the principle on which he avowedly acted towards the Mogul in the year 1773, when he denied that the sunnuds or grants of the Mogul, if they were in the hands of another nation, would avail them anything,--and when he declared ”that the sword which gave us the dominion of Bengal must be the instrument of its preservation, and that, if it should ever cease to be ours, the next proprietor would derive his _right_ and possession from the same _natural charter_.” That the said Warren Hastings, to answer any immediate purpose, adopts any principle of policy, however false or dangerous, without any regard to former declarations made, or to principles avowed on other occasions by himself; and particularly, that in his conduct to Shah Allum he first maintained that the grants of that prince were of no avail,--that we held the dominion of Bengal by the sword, which he has falsely declared the source of _right_, and the _natural charter_ of dominion,--whereas at a later period he has declared that the sovereignty of the family of Shah Allum is universally acknowledged, and that the Company itself derives its const.i.tutional dominion from their ostensible bounty.
III.--BENARES.
PART I.
RIGHTS AND t.i.tLES OF THE RAJAH OF BENARES.
I. That the territory of Benares is a fruitful, and has been, not long since, an orderly, well-cultivated, and improved province, of great extent; and its capital city, as Warren Hastings, Esquire, has informed the Court of Directors, in his letter of the 21st of November, 1781, ”is highly revered by the natives of the Hindoo persuasion, so that many who have acquired independent fortunes retire to close their days in a place so eminently distinguished for its sanct.i.ty”; and he further acquaints the Directors, ”that it may rather be considered as the seat of the Hindoo religion than as the capital of a province. But as its inhabitants are not composed of Hindoos only, the _former_ wealth which flowed into it from the offerings of pilgrims, as well as from the transactions of exchange, for which its central situation is adapted, has attracted numbers of Mahomedans, who still continue to reside in it with their families.” And these circ.u.mstances of the city of Benares, which not only attracted the attention of all the different descriptions of men who inhabit Hindostan, but interested them warmly in whatever it might suffer, did in a peculiar manner require that the Governor-General and Council of Calcutta should conduct themselves with regard to its rulers and inhabitants, when it became dependent on the Company, on the most distinguished principles of good faith, equity, moderation, and mildness.
II. That the Rajah Bulwant Sing, late prince or Zemindar of the province aforesaid, was a great lord of the Mogul Empire, dependent on the same, through the Vizier of the Empire, the late Sujah ul Dowlah, Nabob of Oude; and the said Bulwant Sing, in the commencement of the English power, did attach himself to the cause of the English Company; and the Court of Directors of the said Company did acknowledge, in their letter of the 26th of May, 1768, that ”Bulwant Sing's joining us at the time he did was of _signal service_, and the stipulation in his favor was what he was justly ent.i.tled to”; and they did commend ”the care that had been taken [by the then Presidency] of those that had shown their attachment to them [the Company] during the war”; and they did finally express their hope and expectation in the words following: ”The moderation and attention paid to those who have espoused our interests in this war will _restore_ our reputation in Hindostan, and that the Indian powers will be convinced _NO breach of treaty will ever have our sanction_.”
III. That the Rajah Bulwant Sing died on the 23d of August, 1770, and his son, Cheyt Sing, succeeding to his rights and pretensions, the Presidency of Calcutta (John Cartier, Esquire, being then President) did instruct Captain Gabriel Harper to procure a confirmation of the succession to his son Cheyt Sing, ”as it was of the utmost political import to the Company's affairs; and that the young man ought not to consider the price to be paid to satisfy _the Vizier's jealousy and avarice_.” And they did further declare as follows: ”The strong and inviolable attachment which subsisted betwixt the Company and the father makes us most readily interpose our good offices for the son.” And the young Rajah aforesaid having agreed, under the mediation of Captain Harper, to pay near two hundred thousand pounds as a gift to the said Vizier, and to increase his tribute by near thirty thousand pounds annually, a deed of confirmation was pa.s.sed by the said Vizier to the said Rajah and his heirs, by which he became a purchaser, for valuable considerations, of his right and inheritance in the zemindary aforesaid.
In consequence of this grant, so by him purchased, the Rajah was solemnly invested with the government in the city of Benares, ”amidst the acclamations of a numerous people, and to the great satisfaction of all parties.” And the said Harper, in his letter of the 8th October, 1770, giving an account of the invest.i.ture aforesaid, did express himself in these words: ”I will leave the young Rajah and others to acquaint you how I have conducted myself; only thus much let me say, that I have kept a strict eye not to diminish our national honor, disinterestedness, and justice, which I will conclude has had a greater effect in securing to the Company their vast possessions than even the force of arms, however formidable, could do.” The President of Calcutta testified his approbation of the said Harper's conduct in the strongest terms, that is, in the following: ”Your disinterestedness has been equally distinguishable as your abilities, and both do you the greatest honor.”
IV. That the agreement between the Rajah and Nabob aforesaid continued on both sides without any violation, under the sanction and guaranty of the East India Company, for three years, when Warren Hastings, Esquire, being then President, did propose a further confirmation of the said grant, and did, on the 12th of October, 1773, obtain a delegation for himself to be the person to negotiate the same: it being his opinion, as expressed in his report of October 4th, 1773, that the Rajah was not only ent.i.tled to the inheritance of his zemindary by the grants through Captain Harper, but that the preceding treaty of Allahabad, though literally expressing no more than a security personal to Bulwant Sing, did, notwithstanding, in the true sense and import thereof, extend to his posterity; ”and that it had been differently understood” (that is, not literally) ”by the Company, and by this administration; and the Vizier had _before_ put it out of all dispute by the solemn act pa.s.sed in the Rajah's favor on his succession to the zemindary.”
V. That the Council, in their instructions to the said Governor Hastings, did empower him ”to _renew_, in behalf of the Rajah Cheyt Sing, the stipulation which was formerly made with the Vizier in consideration of his services in 1764”; and the government was accordingly settled on the Rajah and his posterity, or to his heirs, on the same footing on which it was granted to his said father, excepting the addition aforesaid to the tribute, with an express provision ”that _no increase_ shall ever hereafter be demanded.” And the grant and stipulation aforesaid was further confirmed by the said Sujah ul Dowlah, under the Company's guaranty, by the most solemn and awful form of oath known in the Mahomedan religion, inserted in the body of the deed or grant; and the said Warren Hastings, strongly impressed with the opinion of the propriety of protecting the Rajah, and of the injustice, malice, and avarice of the said Sujah Dowlah, and the known family enmity subsisting between him and the Rajah, did declare, in his report to the Council, as follows: ”I am well convinced that the Rajah's inheritance, and perhaps his life, are no longer safe than while he enjoys the Company's protection, which is his due by the ties of justice and the obligations of public faith.”
VI. That some time after the new confirmation aforesaid, that is to say, in the year 1774, the Governor-General and Council, which had been formed and the members thereof appointed by act of Parliament, did obtain the a.s.signment of the sovereignty paramount of the said government by treaty with the Nabob of Oude, by which, although the supreme dominion was changed, the terms and the conditions of the tenure of the Rajah of Benares remained; as the said Nabob of Oude could transfer to the East India Company no other or greater estate than he himself possessed in or over the said zemindary. But to obviate any misconstruction on the subject, the said Warren Hastings did propose to the board, that, whatever provision might in the said treaty be made for the interest of the Company, the same should be ”without an encroachment on the just rights of the Rajah, or _the engagements actually subsisting with him_.”
VII. That the said Warren Hastings, then having, or pretending to have, an extraordinary care of the interest of the Rajah of Benares, did, on his transfer of the sovereignty, propose a new grant, to be conveyed in new instruments to the said Rajah, conferring upon him further privileges, namely, the addition of the sovereign rights of the mint, and of the right of criminal justice of life and death. And he, the said Warren Hastings, as Governor-General, did himself propose the resolution for that purpose in Council, in the following words, with remarks explanatory of the principles upon which the grants aforesaid were made, namely:--
MINUTE.
VIII. ”That the perpetual and _independent_ possession of the zemindary of Benares and its dependencies be _confirmed_ and guarantied to the Rajah Cheyt Sing and his heirs forever, _subject only to the annual payment of the revenues. .h.i.therto paid to the late Vizier_, amounting to Benares Sicca Rupees 23,71,656.12, to be disposed of as is expressed in the following article: _That no other demand be made on him either by the Nabob of Oude or this government; nor any kind of authority or jurisdiction be exercised by either within the districts a.s.signed him_.”
To which minute he, the said Warren Hastings, did subjoin the following observation in writing, and recorded therewith in the Council books, that is to say: ”_The Rajah of Benares, from the situation of his country, which is a frontier to the provinces of Oude and Bahar, may be made a serviceable ally to the Company, whenever their affairs shall require it. He has always been considered in this light both by the Company and the successive members of the late Council; but to insure his attachment to the Company, his interest must be connected with it, which cannot be better effected than by freeing him totally from the REMAINS of his present va.s.salage under the guaranty and protection of the Company, and at the same time guarding him against any apprehensions from this government, by thus pledging its faith that no encroachment shall ever be made on his rights by the Company._” And the said Warren Hastings, on the 5th of July, 1775, did himself propose, among other articles of the treaty relative to this object, one of the following tenor: ”That, whilst the Rajah shall continue faithful to these engagements and punctual in his payments, and shall pay due obedience to the authority of this government, _no more demands_ shall be made upon him by the Honorable Company of ANY KIND, or, on any pretence whatsoever, shall any person be allowed to interfere with his authority, or to disturb the peace of his country.” And the said article was by the other members of the Council a.s.sented to without debate.
IX. On transferring the Rajah's tribute from the Nabob to the Company, the stipulation with the Nabob was renewed on the proposition of the said Warren Hastings himself, and expressed in a yet more distinct manner, namely: ”That no more demands shall be made upon him by the Honorable Company of any kind.” And the said Warren Hastings, in justification of his proposal of giving the Rajah ”a complete and uncontrolled authority over his zemindary,” did enter on the Council book the following reasons for investing him with the same, strongly indicating the situation in which he must be left under any other circ.u.mstances, whether under the Nabob of Oude, or under the English, or under the double influence of both: ”That the security of his person and possessions from the Company's protection may be rated equal to many lacs of rupees, _which, though saved to him, are no loss to the government on which he depends, being all articles of invisible expense_: in fees to the ministers and officers of the Nabob; in the charges of a double establishment of vackeels to both governments; in presents and charges of accommodation to the Nabob, during his residence at any place within the boundaries of his zemindary; in _the frauds, embezzlements, and oppressions exercised in the mint and cutwally_; besides the allowed profits of those officers, and the advantages which every man _in occasional power, or in the credit of it, might make of the Rajah's known weakness_, and the dread he stood in both of the displeasure of the Nabob _and the ill-will of individuals among the English, who were all considered, either in their present stations or connections, or the right of succession, as members of the state of Bengal_. It would be scarce possible to enumerate all the inconveniences to which the Rajah was liable _in his former situation_, or to estimate the precise effect which they produced on his revenue and on the gross amount of his expense; but it may be easily conceived that both were enormous, and of a nature the most likely to lessen the profits of government, instead of adding to them.” And in justification of his proposal of giving the Rajah the symbols of sovereignty in the power of life and death, and in the coining of money, as pledges of his _independence_, he states the deplorable situation of princes reduced to dependence on the Vizier or the Company, and obliged to entertain an English Resident at their court, in the following words: ”It is proposed to receive the payment of his [the Rajah's] rents at Patna, because that is the nearest provincial station, and because it would not frustrate _the intention of rendering the Rajah independent_. If a Resident was appointed to receive the money, as it became due, at Benares, _such a Resident_ would unavoidably acquire an influence over the Rajah, and over his country, _which would in effect render him the master of both_.
This consequence might not perhaps be brought completely to pa.s.s without _a struggle and many appeals to the Council_, which, in a government const.i.tuted like this, _cannot fail to terminate against the Rajah, and, by the construction to which his opposition to the agent would be liable, might eventually draw on him severe restrictions, and end in reducing him to the mean and depraved state of a mere zemindar_.”
X. That, in order to satisfy the said Rajah of the intentions of the Company towards him, and of the true sense and construction of the grants to him, the said Rajah, to be made, the Governor-General (he, the said Warren Hastings) and Council did, on the 24th August, 1775, instruct Mr. Fowke, the Resident at the Rajah's court, in the following words: ”It is proper to a.s.sure the Rajah, we do not mean to increase his tribute, but to require from him an exact sum; that, under the sovereignty of the Company, we are determined to leave him the free and uncontrolled management of the internal government of his country, and the collection and regulation of the revenues, so long as he adheres to the terms of his engagement; and will _never_ demand _any_ augmentation of the annual tribute which may be fixed.”
XI. That the said Warren Hastings and the Council-General, not being satisfied with having instructed the Resident to make the representation aforesaid, to remove all suspicion that by the new grants any attempt should insidiously be made to change his former tenure, did resolve that a letter should be written by the Governor-General himself to the Rajah of Benares, to be delivered to Mr. Fowke, the Resident, together with his credentials; in which letter they declare ”the board willing to continue the grant of the zemindary to him _in as full and ample a manner as he possessed it from former sovereigns_; and on his paying the annual tribute,” &c;--and in explaining the reasons for granting to him the mint and criminal justice, they inform him that this is done in order ”that he may possess an _uncontrolled and free authority_ in the regulation and government of his zemindary.”
XII. That on the 26th February, 1776, the Board and Council did order that the proper instruments should be prepared for conveying to the Rajah aforesaid the government and criminal justice and mint of Benares, with its dependencies, ”in the usual form, _expressing the conditions already resolved on in the several proceedings of the board_.” And on the same day a letter was written to the Resident at Benares, signifying that they had ordered the proper instruments to be prepared, specifying the terms concerning the remittance of the Rajah's tribute to Calcutta, as well as ”_the several other conditions which had been already agreed to_,--and that they should forward it to him, to be delivered to the Rajah.” And on the 20th of March following, the board did again explain the terms of the said tribute, in a letter to the Court of Directors, and did add, ”that a _sunnud_ [grant or patent] for his [Cheyt Sing's]
zemindary should be furnished him _on these and the conditions before agreed on_.”
XIII. That during the course of the transactions aforesaid in Council, and the various a.s.surances given to the Rajah and the Court of Directors, certain improper and fraudulent practices were used with regard to the symbols of invest.i.ture which ought to have been given, and the form of the deeds by which the said zemindary ought to have been granted. For it appears that the original deeds were signed by the board on the 4th September, 1775, and transmitted to Mr. Fowke, the Resident at the Rajah's court, and that on the 20th of November following the Court of Directors were acquainted by the said Warren Hastings and the Council that Rajah Cheyt Sing had been invested with the _sunnud_ (charters or patents) for his zemindary, and the _kellaut_, (or robes of invest.i.ture,) in all the proper forms; but on the 1st of October, 1775, the Rajah did complain to the Governor-General and Council, that the _kellaut_, (or robes,) with which he was to be invested according to their order, ”_is not of the same kind_ as that which he received from the late Vizier on the like occasion.” In consequence of the said complaint, the board did, in their letter to the Resident of the 11th of the same month, desire him ”to make inquiry respecting the nature of the kellaut, and invest him with _one of the same sort_, on the part of this government, instead of that which they formerly described to him.”
And it appears highly probable that the instruments which accompanied the said robes of invest.i.ture were made in a manner conformable to the orders and directions of the board, and the conditions by them agreed to; as the Rajah, who complained of the insufficiency of the robes, did make no complaint of the insufficiency of the instruments, or of any deviation in them from those he had formerly received from the Vizier.
_But a copy or duplicate of the said deeds or instruments were in some manner surrept.i.tiously disposed of, and withheld from the records of the Company, and never were transmitted to the Court of Directors._
XIV. That several months after the said settlement and invest.i.ture, namely, on the 15th of April, 1776, the Secretary informed the Court that he had prepared a _sunnud_, _cabbolut_, and _pottah_ (that is, a patent, an agreement, and a rent-roll) for Cheyt Sing's zemindary, and the board ordered the same to be executed; but the Resident, on receiving the same, did transmit the several objections made by the Rajah thereto, and particularly to a clause in the patent, made in direct contradiction to the engagements of the Council so solemnly and repeatedly given, by which clause the former patents _are declared to be null_. That, on the representation aforesaid, on the 29th July, the Secretary was ordered to prepare new and proper instruments, _omitting the clause declaring the former patents to be null_, and the said new patents were delivered to the Rajah; and the others, which he objected to, as well as those which had been delivered to him originally, were returned to the Presidency. But neither the first set of deeds, nor the fraudulent patent aforesaid, nor the new instruments made out on the complaint of the Rajah, omitting the exceptionable words, have been inserted in the records, although it was the particular duty of the said Warren Hastings that all transactions with the country powers should be faithfully entered, as well as to take care that all instruments transmitted to them on the faith of the Company should be honestly, candidly, and fairly executed, according to the true intent and meaning of the engagements entered into on the part of the Company,--giving by the said complicated, artificial, and fraudulent management, as well as by his said omitting to record the said material doc.u.ment, strong reason to presume that he did even then meditate to make some evil use of the deeds which he thus withheld from the Company, and which he did afterwards in reality make, when he found means and opportunity to effect his evil purpose.
PART II.