صور الصفحة
PDF
النشر الإلكتروني

country and its Sovereign. The fums neceffary for the fupport of fuch a body of troops were too great for the treafury of Oude to bear; and the confequence of their being kept up was, that the Nabob was daily contracting debts, which he had no prospect that he would ever be able to dif charge. The Prince, was fully aware of this, and frequently endeavoured to get rid of the expence by fending away the brigade; but he found he was not the mafter of his own treasure, or the fovereign of his dominions; for Mr. Haftings had caufed it to be fignified to him, that the Council at Calcutta, and not the Nabob, fhould judge of the expediency of withdrawing the brigade. It was evident, therefore, that as the neceffity which Mr. Haftings urged in his defence was founded in the difordered state of the Nabob's finances, and as that difordered ftate was produced by Mr. Haftings himself, the neceffity which he pleaded in his juftification was created by himself, and confequently inadmiffible as an answer to a criminal charge.

the Nabob, fo far from having been a willing – inftrument in the hand of the prisoner, had thrown all poffible delay in the way of the measure; and when at last he lent his name and countenance to it, he declared and protefted that he did fo by compulfion.

The prifoner could not throw the blame of this measure on the Refident; for the measure was fo far from originating with the latter, that he incurred the difpleasure of Mr. Haftings for having allowed the Nabob two days to consider of the part that he should take. The Refident was fo much a creature of the Governor-General, that he was ready to say or to unfay, to reprefent fairly, or to mifreprefent, juft at the will and pleasure of his principal. This appeared manifeft from the following letter, written by Mr. Middleton, the Refident, on the 30th of December 1781, fome few days after he had informed him that orders had been iffued for feizing the eftates of the Princeffes, and that the Nabob had at length agreed to take an active part in the bufinefs, though under a protest that he acted by compulsion.

"My dear Sir,

"I have this day answered your public "letter, in the form, you seem to expect: I "hope there is nothing in it that may ap❝pear to you too pointed. If you wish the "matter to be otherwife understood than I "have taken up and stated it, I need not "fay I fhall be ready to conform to whatever

66

you may prescribe, and to take upon my"felf any share of the blame of the "hi"therto" non-performance of the ftipula❝tions made on behalf of the Nabob."Though I do affure you I myself repre"fented to his Excellency and the Ministers, "conceiving it to be your defire, that the

apparent affumption of the reins of his "government, for in that light he undoubt"edly confidered it at the first view, as fpe"cified in the agreement executed by him,

Another ground of defence was, that the article in the treaty of Chunar, by which the prifoner confented that the Nabob fhould feize the lands of his mother and grandmother, was barely permiffive, and by no means imperative. He would contend, that though this were admitted, the prifoner would not appear the lefs criminal; for as the English Government was folemnly pledged to maintain the Princeffes in the poffeffion of thofe eftates, it was no less a breach of duty in the head of that government to permit than to command an act that amounted to a violation of the treaty to which the English were guarantees. Our juftice ought not to suffer us to violate that treaty ourfelves; our honour was interefied in preventing another from doing it. But the truth was, that the treaty was viointed under the authority, nay by the comwand, of the prifoner; for by repeated mef- was not meant to be fully and literally enfages and injunctions, and under menaces of "forced; but it was neceffary you should "a dreadful refponfibility," he urged the "have fomething to fhew on your fide, as Refident to a completion of the barbarous "the Company were deprived of a benefit, act of spoiling the Princeffes by the hand of "without a requital; and upon the faith of their own fon; and well knowing that fuch "this affurance alone, I believe I may fafely an act would probably be refifted, he ordered "affirm his Excellency's objections to fignthe Refident to use the British troops under "ing the treaty were given up. If I have his direction for that purpofe; and offered "understood the matter wrong, or mifconthe affistance of further forces, urging the "ceived your defign, I am truly forry for execution in the following peremptory terms: "it; however, it is not too late to correct the "You your felf must be perfonally prefent" error, and I am ready to undertake, and, "You must not allow any negociation or "God willing, to carry through, whatever you "forbearance; but muft profecute both may, on receipt of my public letter, tell me "fervices, until the Begums (the Princeffes) "is your final refolve." 66 are at the entire mercy of the Nabob."Their Lordfaips had heard yesterday, from the authority of the Resident's letter, that

66

[ocr errors]

From fuch a letter their Lordships must be convinced, that the Refident was too much devoted to the prifoner to do any thing

that

that he thought would displease him-too much in awe of him to dare to execute any great measure of state without his knowledge or command. Fortunately for the caufe of public justice, Mr. Haftings had quarrelled with Mr. Middleton, and that quarrel had brought to light the dark tranfactions in Oude, which otherwife would perhaps never have feen the day. But unfortunately for Mr. Haftings, the quarrel was not occafioned by the wrath of that gentleman, in finding that Mr. Middleton had exceeded his orders, but, on the contrary, that he had not rigorously fulfilled those harsh and severe injunctions," that he fhould not allow any nego❝ciation or forbearance;" and Mr. Middleton was guilty of the heinous crime of allowing the Nabob two whole days to confider whether he would take an active part in plundering his parents. It would have been happy for this country that the whole conduct of the Refident had been as irreprehenfible as this part of it.

That the treaty by which we were bound to protect the Begums was understood by the Company to be a facred obligation upon our faith and upon our honour, appeared from the letter written by the Court of Directors, immediately after they had learned that the Princeffes had been spoiled of their property : they ftated in that letter, that as we were undoubtedly bound to maintain to the Begums the poffeffion of the jaghires, they trufted that the guilt of thefe ladies was as clear as day, and a matter of public netoriety in the country, because if it were otherwife, our national honour would receive a wound which could never be healed. But fo far was that guilt from being a matter of notoriety, that it was not known at all, that it never was proved; nay, that it had not been fo much as urged as a reason for the refumption of the jaghires; for when it was refolved that fuch a measure should be adopted, it was reprefented as part of a general fyftem of policy, and not as a punishment inflicted on the Princeffes for crimes committed by them. It was reprefented to them, that the Nabob intended, for reasons of ftate, to refume all the jaghires in his dominions, and the jaghires of the Princeffes of course, as part of them. Here was no mention of guilt, or of fo much as a fufpicion of it. The truth of the bufinefs was, that Mr. Haftings, difappointed in his hopes of getting poffeffion of Cheyt Sing's treafures in the Fort of Bidjegur, the army having divided them among themselves, began to confider where he could get money. Sir Elijah Impey faw him at that time, and faid that he had never feen "his great mind in such distress." The treasures and jaghires of the Begums

held out the prospect of a plentiful resource, and he refolved to avail himself of it. He preffed the Nabob to discharge his debt to the Company: that Prince pleaded inability: Mr. Haftings pointed out the jaghires of his parents: the Nabob faid he had retrenched even from the delicacies of his table, and from the number of elephants, &c. in his ftables, and had done every thing to diminith his expences and produce favings; but over the jaghires of his parents he faid he had no power nor authority: Mr. Haftings infifted that he fhould refume them, and justified the measure by the plea of neceffity. This was the plea of Bagshot-Heath.—A highwayman might fay, "I want money, and must have it." He might stop a traveller, but difappointed of his booty, by not finding any money upon him, he might fay to himself, "Is there no houfe in the neighbourhood that I may break open? Are there no rich old ladies whom I may plunder? I am in want of money; it is abfolutely necessary to me; and therefore neceffity being above all law, I must have money at all events."

The Nabob was fo far from having been a willing inftrument in the hands of the Governor-General on this occafion, that even after he feized the jaghires, he begged he might be at liberty to reftore them. But on that head Mr. Haftings had written to the Refident, If the Nabob fhall ever offer to "rettore their jaghires to them, or give "them any property in land, you must re"monftrate in the strongcft terms against it. "You must not PERMIT fuch an event to take "place, until this government shall have "received information of it, and shall have "time to interpofe its influence for the pre"vention of it."

The diftreffes brought upon the family of the late Nabob Sujah ul Dowlah, in confequence of the feizure of the Begums' jaghires, which deprived thefe Princeffes of the means of maintaining their offspring and the ladies and officers of their houfholds, were great beyond expreffion. Some idea of them might be formed from the following accounts of them fent to the Refident, by Captain Leonard Jaques, who commanded the forces on duty, for the purpose of diftreffing the women in the palaces of Fyzabad.

"The women belonging to the Khord "Mohul, or loffer palace, complain of their "being in want of every neceffary of life, "and are at laft driven to that defperation, "that they at night get on the top of the "Zenana, make a great difturbance, and "last night, not only alarmed the fentinels "posted in the garden, but threw dirt at "them they threatened to throw themX X 2

"felves

"felves from the walls of the Zenana, and "alfo to break out of it. Humanity ob"liges me to acquaint you of this matter, " and to requeit to know if you have any "directions to give me concerning it. I "alfo beg leave to acquaint you, that I fent "for Littafit Ally Khan, the Cojah, who has the charge of them, and who informs me "it is well grounded, that they have fold every thing they had, even to the cloaths from "their backs, and have now no means of fub"fifting,"

This letter was written on the 6th of March 1782; but the diftrefles of these women grew fo urgent on the night of that fame day, that Capt. Jaques wrote again the following day to the fame Refident in the following words :-"I beg leave to addrefs you "again concerning the women in the Khord "Mohul; their behaviour last night was fo "furious, that there feemed the greatest pro"bability of their proceeding to the utmost "extremities; and that they would either "throw themselves from the walls, or force 66 open the doors of the Zenana (the women's 66 apartments). I have made every enquiry "concerning the cause of their complaints, "and find, from Littafit Ally Khan, that “ they are in a starving condition, having fold "all their cloaths and neceffaries; and now "have not wherewithal to fupport nature.

And as my inftructions are quite filent on "this head, I fhould be glad to know how "to proceed in cafe they were to force the "doors of the Zenana, as I fufpect it will "happen, fhould not fubfiftence be very "quickly fent to them.”

others; for the women and children of the late Sovereign, father of the reigning Prince, continuing exposed to frequent want of common neceffaries of life, and being forely preffed by famine, they were compelled to break through all the principles of local decorum and reserve, which conftitute the dignity of the female fex in that part of the world; and after great clamour and violent attempts, for one whole day, to break the incloture of the palace, and force their way into the public market, in order to move the compaffion of the people, and to beg their bread; and on the next day they actually proceeded to the extremity of expofing themfelves to public view-an extremity, implying the lowest itate of difgrace and degradation; to avoid which many women in India have laid violent hands upon themselves.-And they proceeded to the public marketplace, with the farving children of the late Sovereign the brothers and fifters of the reigning Prince.-This appeared from a minute account written to the Refident at Lucknow, by the perfon appointed to convey intelligence to him from Fyzabad; an account containing matters highly difgraceful to the honour, juftice, and humanity of the British nation.

Thofe humane letters produced little effect; for, on the 30th of October following, Major Gilpin, who had fucceeded Captain Jaques in the command of the troops of Fyzabad, wrote as follows to the Rcfident.

66 SIR,

Here Mr. Pelham read the following ac

Count:

"The ladies, their attendants, and fer"vants, were still as clamorous as last night. "Littafit, the Daroga, went to them, and "remonftrated with them on the impro"pricty of their conduct; at the fame time "affuring them, that in a few days all their " allowances would be paid ; and should that "not be the cafe, HE would advance them "ten days fubfiftence, upon condition that " they returned to their habitation. None " of them, however, confented to his pro"pofal, but were fill intent upon making "their efcape through the Bazar (the mar“Last night, about eight o'clock, the "ket-place); and, in consequence, formed "women in the Khord Mohul, or Zenana," themselves into a line, and arranged them"under the charge of Littafit Ally Khan," felves in the following order: the chil"affembled on the tops of the buildings, crying in a moft lamentable manner for food; that for the laf four days they had, got but a very Seanty allowance, and that yesterday 66 they bad got none. The melancholy cries "of famine are more cafily imagined than "defcribed ; and, from their reprefenta"tions, I fear the Nabob's agents for that "bufinefs are very inattentive: I therefore "think it requifite to make you acquainted "with thefe circumstances, that his Excellency the Nabob may caufe his agents to be more circumfpe&t in their conduct towards thefe poor unhappy women.” This letter was not more effectual than the to confer with them upon the bufincfs of

66

"dren in the front; behind them, the ladies "of the feraglio; and behind them again, "their attendants; but their intentions were "fruftrated by the oppofition which they "met from Littafit's fepoys.

"The next day Littafit went twice to the "women, and ufed his endeavours to make "them return into the Zenana, promifing "to advance them ten thousand rupees, "which, upon the money paid down, they agreed to comply with. But night coming on, nothing transpired.

[ocr errors]

"On the day following their clamour "were more violent than ufual. Littant wen

❝ yester.

De

e yefterday, offering the fame terms. "pending upon the fidelity of his promifes, "they confented to return to their apart"ments, which they accordingly did, ex66 cept two or three of the ladies, and moft "of their attendants. Littafit went then to "Hoffmund Ally Khan, to confult with "him upon what means they should take. "They came to a refolution of driving them "in by force; and gave orders to their fe(6 poys to beat any one of the women who "fhould attempt to move forward. The "fepoys confequently affembled, and each 66 one being provided with a bludgeon, they "drove them by dint of beating into the "Zenana. The women fecing the treachery "of Littafit, proceeded to throw stones and "bricks at the fepoys, and again attempted "to get out; but finding that impoffible, "from the gates being fhut, they kept up a "continual difcharge of ftones and bricks till "about ten o'clock, when finding their "fituation defperate, they retired into the "Kung Mohul, and forced their way from "thence into the palace; and disperfed themfelves about the house and garden. After "this, they were defirous of getting into the "Begum's apartment; but the being ap"prifed of their intention, ordered her doors "to be fhut. In the mean time, Littafit "and Hoffinund Ally Khan pofted fentrics to fcour the gates of the leffer Mohul. "During the whole of this conflict, all the "ladies and women remained exposed to "the view of the fepoys. The Begum then "fent for Littafit and Hoffmund Ally Khan, "whom the feverely reprimanded, and in"fifted upon knowing the cause of this in"famous behaviour: they pleaded, in their "defence, the impoffibility of helping it, as "the treatment the women had met with

66

had been conformable to his Excellency "the Vizier's orders. The Begum alledged, "that even admitting that the Nabob had "given thofe orders, they were by no means authorised in this moment to difgrace the "family of Sujah ul Dowlah; and fhould

they not receive their allowance for a day or two, it would be of no great moment; "what was paffed was now at an end; "but that the Vizier fhould certainly be "acquainted with the whole of the affair. "She then gave the children 400 rupees, and "difimiffed them, and fent word by Jumrud " and the other eunuchs, that if the ladies "would peaceably retire to their apartments, "Littafit would fupply them with 3 or 4000 16 rupees for their perfonal expences, and recommended to them not to incur any "further disgrace. The ladies followed her "advice, and about ten at night went back to the Zenana, The next morning the

"Begum waited upon the mother of Sujah "ul Dowlah (the grandmother of the reign"ing Prince) and related to her all the cir"cumftances of the disturbances: the mother "of Sujah ul Dowlah returned for answer, "that after there being no accounts kept of "Crores of revenues, the was not surprised "that the family of Sujah ul Dowlah, ir "their endeavours to procure a subsistence, "fhould be obliged to expose themselves to "the meanelt of the people. After bewail"ing their misfortunes, and fhedding many tears, the Begum took her leave, and re"turned home."

[ocr errors]

This narrative of diftrefs, occafioned by the poverty of the Nabob, and the spoiling of his parents, both of which had their rife in the rapacity of the Governor-General, was fent to him on the 29th of January following; but he neither ordered any relief in confequence of it, or took any notice whatsoever of the intelligence he had received on the fubject. In his Defence, indeed, he had faid, that he was not bound to protect these people; but if he had any humanity, he would have used his influence, which was allpowerful in Oude, to relieve the diftreffes which he himself had occafioned.

With this narrative, and fome few obfervations upon it, Mr. Pelham concluded a fpeech, which he was three hours in delivering.

Mr. Sheridan rofe on the heels of Mr. Pelham, and stated an arrangement or two of order he fhould wish to adopt, in the production of evidence on the charge now opened. The more material point of his proposed arrangement was to print, with the participation of the Prifoner's Counsel, who nodded confent,-n the whole of any voluminous tract exhibited in evidence, as the Benares Narrative, &c.-but only the particular point, or partial extract, strictly relevant, and closely applying.

Major SCOTT

was then called-and was examined chiefly by Mr. Sheridan;-yet not only by him, but by Mr. Fox, Mr. Burke, and Mr. Adam.

The Peers who propofed each two queftions were, Lord Stanhope, Lord Derby, Lord Stormont, Lord Portchester, and Lord Loughborough.

The printed answer to the Benares charge was fhewn to the Major, to prove it was written by Mr. Haftings.

His evidence went to prove it was written by Mr. Halhed-That Mr. Haftings might fee or hear it, though in a way the most eurfory, the night before it was to be delivered-and that, before it was delivered to the House, feveral paffages were added, and still exist en

the

the recorded copy, in the hand-writing of Mr. Halhed!

That thefe additions Mr. Haftings did not, Because he could not fee them; and thefe additions include arguments, thought most exceptionable. The fpecific pages, as 13, 24, &c. of the octavo, were thus noted by him with a pen and ink.

Major Scott further proved-That it was not only in the Benares charge that fuch a feparation was to be made-but in every charge except two, the answers were fuppled, in the burry of the five or fix days prefcribed, by various friends of Mr. Haftings.

Thefe friends are as follow:

Mr. Shore, one of the Supreme Council,
Mr. David Anderfon,

Major Gilpin,

Mr. Baber,

Mr. Middleton,

Mr. Martin,

Mr. Benn,

Major Scott himself,

with Mr. Halbed, before-mentioned as the writer of the Benares charge.

Thefe, with other gentlemen, friendly enough thus to communicate, had furnished the answers to all the 22 charges.

The two exceptions were, the answers to the Rohilla war-and the King's tribute.Thefe, as then being the questions thought to bear the most firefs, were anfwered by Mr. Haftings himfulf!-To thefe he alfo added the General Introduction.

Before this evidence was thus detailed, there was a fhort altercation on its introduction; and the Counsel of Mr. Haftings argued very fuccefsfully this undeniable plea :

That in a criminal profecution, it is the right, according to all legal policy and hu* mane expedience, of every person criminally charged, to review any declaration or #confeffion that may have escaped him; and in any mode of mitigation, if he can, to illuftrate and explain-with the aid, collateral or direct, of all thofe motives, whether of fact or argument, which might have induced him fo to deliberate, or fo " to do."

Mr. Law well referred to the cafes of Selden and Sir J. Elliot. Mr. Plummer ufed dexterously the familiar inftance of confeffions before a Juftice of the Peace; and Mr. Dallas was following at a good rate, when he was ftopped in the best way, by the point being carried.

The clock was near fix, when the Court adjourned *.

[ocr errors]

SIXTEENTH DAY.

THURSDAY, APRIL 17.

The Peers affembled at the ufual hour. Mr. Sheridan informed the Court, that the first evidence whom it was propofed to call on, was

Mr. HOLT,

a gentleman who had been long Refident in the Province of Oude; and whofe evidence, from his official fituation, would apply to fome other charges befide that which was now to be proved.

The Counfel for Mr. Haftings defired to know to which of the future charges the evidence of Mr. Holt was to be applied.

Mr. Sheridan answered, that in a business fo complicated, and of which the parts were fo intimately interwoven with each other, it was not poffible to afcertain in what part of the business any specific evidence might be deemed neceffary to the profecution.

Mr. Holt was called

His evidence in part applying to this charge, and to another.-if there was some small irregularity in this mede, it was none but what humane expedience would approve; for otherwife Mr. Holt, who is a ufcful fervant of the India Company, would have loft his voyage.

Mr. Holt was an affistant to Mr. Middleton and Mr. Briftow, when Refidents at Oude; and he was called to exhibit what teftimony he could, as to the diforders of Lucknow-and how far they were or were not conceivable to exift, with the cognizancs of Mr. Haftings.

For this purpose he was examined, not only as to facts, but opinions—what, on certain topics, was the rumour, and the fuppofed rumour, among the people?

This Mr. Burke and Mr. Sheridan, in few words, maintained to be expedient, and very potently applying: Mr. Law, in words yet more few, obferved to be new doctrine as to evidence, but which he admitted; claiming only a reciprocal right to advance on hearfiy, in his turn.

Mr. Sheridan, in the outfet, called on Mr. Holt for a narrative of the country; its po litical and phyfical circumftances.

Mr. Holt very neatly waved his attempt of fuch a task;-as in a country like that, as large as our island, he might easily want words at least, if not fentiments, to expatiate. He begged therefore the Hon. Manager to break the mafs of his general enquiry into particular queftions, which he would try to anfwer as well as he could.

The auditory were rather Icfs numerous, and rather more unquict, from colds and coughs, then ever we heard before.-The Petreffes were few; and the Commons not fifty, pill paft three o'clock--when, by the luckiest acçidest, they came in great numbers.

[ocr errors]
« السابقةمتابعة »